Westlands Water District

Fresno, CA

Board Meeting (2-21-2023)

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 21, 2023 at 9:00 a.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.

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.101-23, Adopting Water Rates, Charges and Land-based Charges, to be effective March 1, 2023.

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 January 17, 2023
    2. Approving the Accounts Payable Reports
    3. Accepting the Investment and Financial Reports
    4. Finding Exempt from the California Environmental Quality Act the Execution of the 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, (b) Adopting Resolution No. 102-23, Authorizing Execution of Said Contracts, and (c) Authorizing Related Actions
    5. Finding Exempt from the California Environmental Quality Act the Authorization to Execute a Contract for Temporary Water Service Contract for Section 215 Water Between the United States and Westlands Water District, (b) Adopting Resolution No. 103-23, and (c) Authorizing Related Actions
    6. Serving as the Groundwater Sustainability Agency of the Westside Subbasin, (a) Finding Exempt from the California Environmental Quality Act the Submittal of a Grant Application; (b) Adopting Resolution No. GSA 101-23 thereby Supporting the Application for and Authorizing the Submission of a Grant Application under the California Department of Water Resources’ LandFlex Grant Program, and Execution of a Funding Agreement for said Grant Application; and (c) Authorizing Related Actions
    7. Consider Approving a 2022-2023 Budget Transfer for Replacement Infrared Camera for the Electrical Department
    8. Consider a 2022-2023 Budget Transfer and Augmentation for Various Budget Line Items
    9. Consider Adjusting 2022-2023 Pumping Program Rate Adjustments

      Report and Additional Action Item

  4. Interim General Manager’s Report (Gutierrez)
    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, including Review of Structure/Purpose of District Committees and End of Year Billing, New Contract Year Allocation, and Consultant Procurement
  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. Water Policy Committee (Anderson) – The Committee Chair will report on items within the Committee’s jurisdiction.
  9. 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, subject to any adjustments as may be directed by the Board: (1) Approving the 2023-2024 Recommended Budget, Water Rates and Charges, Estimate of Obligations and Revenues, and Salary Schedule, (2) Authorizing the General Manager to take any and all actions necessary to carry out the activities included in the 2023-2024 Recommended Budget as approved, in accordance with District Rules and Regulations, and policies, (3) Approving and fixing the rates and charges detailed in the appropriate schedule titled Westlands Water District 2023-2024 Water Rates & Charges, and attachments, of the 2023-2024 Recommended Budget, (4) Authorizing the General Manager to collect from the appropriate water user(s) and other agencies, as necessary, the additional costs associated with the acquisition, conveyance, storage, and delivery of water supplies from sources other than the District’s contract supplies, including pumped groundwater, (5) Authorizing the President of the Board of Directors to file the attached Estimate of the District’s 2023-2024 Obligations and Revenues with the Secretary of the District, and (6) Adopting the 2023-2024 Salary Schedule, effective March 1, 2023
  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: (1) Finding exempt from the California Environmental Quality Act Implementation of a One-Year Program that Would Provide Groundwater Credits for Recharge Using Flood Water or 215 Water; (2) Approving Said Program; and (3) Authorizing Related Actions.
    3. Board of Directors to Consider Directing Staff to Solicit New Applicants for the Advisory Committee and Technical Advisory Committee
  11. Board of Directors to Receive an Update and Provide Direction on Continued Participation in the B.F. Sisk Dam Raise and Reservoir Expansion Project
  12. Board of Directors to Consider Appointments to the Westlands Water District Financing Corporation Board of Directors
  13. Board of Directors to Receive an Update on the District’s Media Protocol
  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 Easement: 033-380-007 and a portion of 033-039-001. Southeast Quadrant of Delhi Road and Levee Road (County Road 5190C), Yolo County, California 95691
        Agency Negotiator: Interim General Manager or designee
        Negotiating Parties: The Department of Water Resources of the State of California
        Under Negotiation: Price and terms of payment
      2. Property: Approximately 320 acres of land consisting of the following:
        1. SW4 of Section 14 and NE4 of Section 22 and, T.21S., R.18E., M.D.B.&M
          Agency Negotiator: Interim General Manager or designee
          Negotiating Parties: Neru Properties Inc
          Under Negotiation: Price and terms of payment
      3. Property: Approximately 61 acres of land consisting of the following:
        SE4 of Section 33, T.16S., R.15E., M.D.B.&M
        Agency Negotiator: Interim General Manager or designee
        Negotiating Parties: Neru Properties Inc
        Under Negotiation: Price and terms of payment
      4. Property: Approximately 369 acres of land consisting of the following:
        1. SE4 of Section 26 and 187 acres in the SW4 of Section 36, T.20S., R.16E., M.D.B.&M
          Agency Negotiator: Interim General Manager or designee
          Negotiating Parties: Jayne Ave Pistachios, LLC
          Under Negotiation: Price and terms of payment
      5. Property: Water Supply
        Agency Negotiator: Interim General Manager or designee
        Negotiating Parties: T.B.D.
        Under Negotiation: Price and terms of payment
      6. Property Lease: Approximately 900 sq. ft. Located, in W ½ of Section 35, T.20S., R.19E., M.D.B.&M.
        Agency Negotiator: Interim General Manager or designee
        Negotiating Parties: Sequoia Development Services, Inc.
        Under Negotiation: Price and terms of payment
        1. Public Employee Performance Evaluation (Pursuant to Government Code Section 54957)
          Title:  Assistant General Manager & General Counsel
        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 – 4 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”)
  16. Report from Closed Session, if any, Required by Government Code Section 54957.1
  17. Board of Directors to Consider: (a) Finding Exempt from the California Environmental Quality Act Execution of a Right of Way Contract for an Easement Over APN 033-380-007 and a portion of APN 033-390-001, Identified as DWR Parcel No. YBSH-160, to Accomplish the Goals of the Yolo Bypass Salmonid Habitat Restoration and Fish Passage Project; (b) Authorizing the Execution of Said Agreement, and (c) Authorizing Related Actions
  18. Board of Directors to Consider: (a) Finding Exempt from the California Environmental Quality Act the Execution of an Option Agreement for the Acquisition of Approximately 320 acres of Land, Located in the Southwest Quarter of Section 14 and Northeast Quarter Section 22, T.21S., R.18E., M.D.B.&M., (b) Authorizing the Execution of Said Agreement, and (c) Authorizing Related Actions
  19. Board of Directors to Consider: (a) Finding Exempt from the California Environmental Quality Act the Execution of a Purchase and Sale Agreement for the Acquisition of Approximately 84 acres of Land, Located in the Southeast Quarter Section, West of the San Luis Canal of Section 33, T.16S., R.15E., M.D.B.&M., (b) Authorizing the Execution of Said Agreement, and (c) Authorizing Related Actions
  20. Board of Directors to Consider: (a) Finding Exempt from the California Environmental Quality Act the Execution of a Purchase and Sale Agreement for the Acquisition of Approximately 369 acres of Land in the Southeast Quarter of Section 26 and Portions of the West Half of Section 36, T.20S., R.16E., M.D.B.&M., (b) Authorizing the Execution of Said Agreement, and (c) Authorizing Related Actions
  21. Board of Directors May Consider and Act upon Adjustments to Executive Compensation for the Assistant General Manager & General Counsel
  22. 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.