Westlands Water District

Fresno, CA

Board Meeting (2-16-2021)

PARTICIPATION EXCLUSIVELY THROUGH ZOOM 

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 16, 2021 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: 999 4780 9211
Passcode: 3130

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Meeting ID: 999 4780 9211
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.

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.102-21, Adopting Water Rates, Charges and Land-based Charges, to be effective March 1, 2021.

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 19, 2021
  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. Personnel Classification and Amended Employment Agreement – Board of Directors to Consider the Creation of Personnel Classification: Assistant General Manager/General Counsel and Amended Employment Agreement for General Counsel or, if created, Assistant General Manager/General Counsel
  6. Outside Agency Activities (Board) – Reports on activities of outside agencies (FFA, SLDMWA, ACWA and SFCWA, etc.) will be presented.
  7. Legal Affairs Committee  (Coelho) – The Committee Chair will report on items within the Committee’s jurisdiction.
  8. Operations & Maintenance Committee (Coelho) – The Committee Chair will report on items within the Committee’s jurisdiction.
  9. Personnel Committee – The Committee Chair will report and the Board will act upon recommendations of the Committee, if any, regarding the following items:
  10. 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. 103-21, Authorizing Execution of the Electric Service, Base Resource Contract 20-SNR-02330 (Contract) with the United States Department of Energy, Western Area Power Administration, Sierra Nevada Region, and Related Actions
    2. Consider Recommendation that the Board of Directors Adopts Resolution No. 104-21, Authorizing Execution of Warren Act Contracts and Exchange Agreements with the United States Bureau of Reclamation for Conveyance and Storage of Non-Project Water in Federally Owned Facilities, and Related Actions
    3. Consider Recommendation that the Board of Directors Replaces the 2022-23 Groundwater Management Program and Irrigation System Management Program Opportunity Cost Rate Component with the District’s Operation Costs
    4. Receive Groundwater Conditions Update for the Third Quarter of the 2020/21 Water Contract Year
  11. 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
  12. 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 authorizes defeasance of the outstanding Westlands Water District Refunding Revenue Bonds, Series 2012A and partial defeasance of the Westlands Water District, Refunding Revenue Bonds, Series 2016A in the approximate amount of $22,850,000 and Approves Resolution No. 105-21, Authorizing Execution and Delivery of an Escrow Agreement and Approving Certain Other Matters
    2. Consider Recommendation that the Board of Directors Approves the General Manager’s 2021-2022 Recommended Budget, Water Rates and Charges, Estimate of Obligations and Revenues, and Salary Schedule
    3. Consider Recommendation that the Board of Directors Appoves a 2020-2021 Budget Transfer for Legal Expenses
    4. Consider Recommendation that the Board of Directors Approves Accounts Payable Reports
    5. Committee to Receive Report on Investments and Financial Reports
  13. Board of Directors to Consider Appointment to the Westlands Water District Financing Corporation Board of Directors
  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 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
    2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 – 5 potential cases
    3. 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. 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 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; on appeal in the United States Court of Appeals for the Ninth Circuit, Case No. 21-15163 (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, Case No. C092233 (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. Pacific Gas and Electric Company, Federal Energy Regulatory Commission, Docket Nos. ER20-2878-000 et al. (PG&E Wholesale Distribution Tariff Proceedings)
      15. Westlands Water District v. All Persons Interested in the Contract Between the United States and Westlands Water District Providing for Project Water Service from Delta Division and Facilities Repayment, Fresno County Superior Court, Case No. 20CECG03336 (Oro Loma Assignment Validation Action)
      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 CObtrol Board (San Joaquin County Water Right Application)
  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 February 16, 2021 regular meeting of the Westlands Water District Board of Directors was posted on February 11, 2021, 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.”