Westlands Water District

Fresno, CA

Board Meeting (2-15-2022)

Notice

Notice is hereby given that a hearing and regular meeting of the Board of Directors of Westlands Water District will be held on February 15, 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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TThe California Department of Public Health is requiring masks to be worn in all indoor public settings, irrespective of vaccination status, through February 15, 2022. Unless exempt under the Department of Public Health mandate, masks will be required for all people attending committee and Board of Director meetings.

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.

Hearing

  1. Hearing on Proposed Water Rates, Charges and Land-Based Charges (Ormonde) -The Board will conduct a hearing to receive comments and consider Resolution No.104-22, Adopting Water Rates, Charges and Land-based Charges, to be effective March 1, 2022.

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 January 18, 2021
  4. General Manager’s Report (Birmingham)
    1. Receive a Presentation from Hamilton Resource Economics; Fish Friendly Diversion Project
    2. 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
    3. Federal & State Legislative Affairs
    4. Public Outreach
    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 (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 (Bourdeau) – 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 may act upon the following items:
    1. Consider Authorizing the General Manager or Designee to Execute a Letter of Intent to Participate in the Sites Reservoir Project
    2. Consider Adopting Resolution No. 105-22, Considering the Mitigated Negative Declaration and Adopting Findings of Fact as a Responsible Agency Pursuant to the California Environmental Quality Act for Westlands Almond Solar Project
    3. Consider Adopting Resolution No. 106-22, Considering the Mitigated Negative Declaration and Adopting Findings of Fact as a Responsible Agency Pursuant to the California Environmental Quality Act for the Aquamarine Solar Project
    4. Consider Adopting Resolution No. 107-22, Approving and Adopting the Westlands Almond Solar and Aquamarine Projects and Designating Specified Parcels as Eligible Cropland Pursuant to Appendix A to Article 2 of the Westlands Water District Rules and Regulations
    5. Consider Adopting Resolution No. 108-22, Approving Forms of State Water Project Analysis Office Agreement and Warren Act Contract for the 2022-2023 Groundwater Pumping and Conveyance Project, Approving the Project, Finding the Project Exempt from the California Environmental Quality Act, and Authorizing Related Actions
  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. Board of Directors to Consider  Adopting Resolution No. GSA 101- 22, Thereby Adopting and Ratifying the Rules and Regulations to Support the Implementation of the Westside Subbasin Groundwater Sustainability Plan
  11. Finance & Administration Committee – The Committee Chair will report and the Board may act upon the following items:
    1. Consider Resolution No.109-22, Objecting to the Sale of Fresno County Tax-Defaulted Properties
    2. Consider Contract Between Westlands Water District and the Pleasant Valley Water District for the Transportation of Water and the Payment of Costs Related Thereto
    3. Consider Approval of the General Manager’s 2022-2023 Recommended Budget, Water Rates and Charges, Estimate of Obligations and Revenues, and Salary Schedule
    4. Consider Appoval of a 2021-2022 Budget Transfer for Legal Expenses
    5. Consider Approval of a 2021-2022 Budget Augmentation for Purchase of Property Located at 286 W. Cromwell Avenue, Fresno, CA  93711
    6. Consider Approval of a 2021-2022 Budget Augmentation for Miscellaneous Revenues
    7. Consider Approval of Accounts Payable Reports
    8. Receive Report on Investments and Financial Reports
  12. Board of Directors to Consider Appeal of Finance & Administration Committee Decision Regarding Waiver of Rules and Regulations, Terms and Conditions or Other District Financial Provisions by Patricia Cox
  13. Board of Directors to Consider Resolution No. 101-22, In Commendation of Gilbert Cano
  14. Board of Directors to Consider Resolution No. 102-22, In Commendation of Wayne Glover
  15. Board of Directors to Consider Resolution No. 103-22, In Commendation of Paul A. Dunham
  16. Board of Directors to Consider Process to Fill Westlands Water District Board of Directors Vacancy
  17. Board of Director to Receive Update on Schedule and Process for 2022 District Election
  18. 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.
  19. 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. Public Employee Performance Evaluation (Pursuant to Cal. Gov. Code section 54957(b)(1))

      Title:  Assistant General Manager/General Counsel

    3. Conference With Real Property Negotiators (Pursuant to Cal. Gov. Code section 54956.8)
      1. Property: Water Supply associated with Fresno County APN:060-020-61S
        Agency Negotiator: General Manager or designee
        Negotiating Parties: DF2000 Trust
        Under Negotiation: Price and terms of payment
      2. Property: Up to 1,100 acres of District owned land, described as follows:
        1. Section 23 and 24 in T.16S., R.16E., M.D.B.&M
          Agency Negotiator: General Manager or designee
          Negotiating Parties: Longroad Land Holdings II, LLC.
          Under Negotiation: Price and terms of payment
      3. Property: Up to 9,116 acres of District owned land, described as follows:
        1. Sections 14, 22, 25, 26, 27, 34, 35 and 36 in T.16S., R.16E., M.D.B.&M; and
        2. Sections 2, 3, 4, 10, 12, 15,  the SW¼ and the S½ of the NW¼ of Section 16 and the NW¼ and the E½ of Section 21 in T.17S., R.16E., M.D.B.&M.; and
        3. Sections 18 T.17S., R.17E., M.D.B.&M.
          Agency Negotiator: General Manager or designee
          Negotiating Parties: Intersect Power Land Holdings, LLC
          Under Negotiation: Price and terms of payment
    4. 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
    5. Conference With Legal Counsel – Anticipated Litigation
      Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 – 10 potential cases
    6. 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-NONE/SKO
      2. Westlands Water District v. United States, United States Court of Appeal for the Federal Circuit, Case No. 13-5069
      3. 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) (“Delta Plan Litigation”)
      4. 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”)
      5. 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”)
      6. 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-DAD-EPG (“Challenge to Repayment Contracts”)
      7. 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-00706-DAD-EPG (“Challenge to Repayment Contracts”)
      8. Natural Resources Defense Council et al. v. Haaland et. al., United States District Court, Eastern District of California, Case No. 1:05-cv-01207-DAD-EPG, on appeal in the United States Court of Appeals for the Ninth Circuit, Case No. 21-15163 (“2005 DMC Contract Renewals Litigation”)
      9. City of Fresno, et al. v. United States, United States Court of Federal Claims, Case No. 1:16-cv-01276-EDK (“Friant Takings Suit”)
      10. State Water Board Cases, Sacramento County Superior Court Case No. JCCP 5013 (“WQCP Phase 1 Litigation”)
      11. 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”)
      12. 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 (“Main Contract Validation Action”)
      13. 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-00431-DAD-EPG (“2019 ROC on LTO NGO Litigation”)
      14. California Natural Resources Agency et al. v. Raimondo, et al., United States District Court, Eastern District of California, Case No. 1:20-cv-00426-DAD-EPG (“2020 ROC on LTO AG Litigation”)
      15. Pacific Gas and Electric Company, Federal Energy Regulatory Commission, Docket Nos. ER20-2878-000 et al. (“PG&E Wholesale Distribution Tariff Proceedings”)
      16. In re Application No. A029657 of the County of San Joaquin for a Permit to Appropriate Water from the South Fork American River at the Freeport Regional Water Authority Facility on the Sacramento River, , State Water Resources Control Board, Administrative Hearing Office (“San Joaquin County Water Right Application”)
      17. In re Application No. A030531B of the City of Stockton for a Permit to Appropriate Water from the San Joaquin River Originating from Wastewater Discharges by the City, State Water Resources Control Board, Administrative Hearing Office (“City of Stockton Water Right Application”)
  20. Report from Closed Session, if any, Required by Government Code Section 54957.1
  21. Board of Directors May Consider and Act upon Adjustments to Executive Compensation for the General Manager
  22. Board of Directors May Consider and Act upon Adjustments to Executive Compensation for the Assistant General Manager/General Counsel
  23. Consider Authorizing the General Manager or Designee to Execute  a Purchase and Sales Agreement for Acquisition of the Right to Apply for and Receive Allocation(s) of Surface Water from the District on 36 Acres Located in E½ NE ¼ of Section 9, T.18S., R.16E., M.D.B.&M.
  24. Consider Authorizing the General Manager or Designee to Execute Option Agreements with Longroad Land Holdings II, LLC., on up to 1,100 acres of District Owned Land for Purchase in Sections 23 and 24 in T.16S., R.16E., M.D.B.&M.
  25. Consider Authorizing the General Manager or Designee to Execute an Option Agreement with Intersect Power Land Holdings, LLC., on up to 9,116 acres of District Owned Land in Sections 14, 22, 23, 25, 26, 27, 34, 35 and 36 in T.16S., R.16E., M.D.B.&M., Sections 2, 3, 4, 10, 12, 15, the SW¼ and the S½ of the NW¼ of Section 16 and the NW¼ and the E½ of Section 21, in T.17S., R.16E., M.D.B.&M. and Section 18 T.17S., R.17E., M.D.B.&M..
  26. 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 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 District staff or a member of its legislative body, or after the meeting if prepared by some other person.