Westlands Water District

Fresno, CA

Board Meeting – (3-21-2023)

Notice

Notice is hereby given that a regular meeting of the Board of Directors of Westlands Water District will be held on March 21, 2023, at 9:00 a.m. at the District’s Five Points Shop and Field Office, 23050 W. Mt. Whitney Avenue, Five Points, California 93624.

Following the regular meeting, the Annual Water Users’ Workshop will be held at 1:30 p.m. also at the District’s Five Points Shop and Field Office, 23050 W. Mt. Whitney Avenue, Five Points, California 93624.  A quorum of the Board of Directors may be present, however, no formal actions will be taken.

Meeting Agenda

Public Comment – Any member of the public may address the Board concerning any matter on the agenda before or, for open session items, 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 President may waive these limitations.

  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:
    • Approving the Minutes of the Regular Board Meeting of February 21, 2023 and Special Board Meeting of March 2, 2023
    • Approving the Accounts Payable Reports
    • Accepting the Investment and Financial Reports
    • Serving as the Groundwater Sustainability Agency of the Westside Subbasin, Finding Exempt from the California Environmental Quality Act the Submittal of a Grant Application; (b) Adopting Resolution No. GSA 102-23 thereby Supporting the Application for and Authorizing the Submission of a Grant Application under the California Department of Conservations’ Multibenefit Land Repurposing Program, and Execution of a Grant Agreement for said Grant Application; and (c) Authorizing Related Actions.
    • Board of Directors to Consider: (a) Finding Exempt from the California Environmental Quality Act the Submittal of a Request for Public Assistance; (b) Adopting Resolution No. 104-23 thereby Supporting the Application for and Authorizing the Filing of a Request for Public Assistance Under Federal Emergency Management Agency’s (FEMA) Public Assistance Program; (c) Designation of Applicant’s Agent Resolution for Non-State Agencies.

      Report and Additional Action Item
  4. Interim General Manager’s Report (Gutierrez)
    • 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
    • Federal & State Legislative Affairs
    • Public Outreach
    • Update on Improvements of New District Office and Other Matters Related to Occupancy of New Office
    • 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.
    • Consider Revised 2023-2024 Water Rates & Charges
    • Consider Directing Staff to Develop Revised Charges for Water Transferred Out of Westlands and Banked in Other Districts, But Later Returned to Westlands for Agricultural Use
  10. Sustainable Groundwater Management Act – Serving as the Groundwater Sustainability Agency of the Westside Subbasin:
    • 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
  11. Board to Receive Report on Potential New Structures for Standing Committees of the Board of Directors or Dissolution of One or More Standing Committee
  12. Sitting as the Board of Directors of Distribution District No. 2 – The Board will act upon the recommendations, if any, regarding the following items:
    • Call to Order
    • Board to Consider Corrections or Additions to the Agenda of Items, as Authorized by Government Code Section 54950 et seq.
    • Board to Consider Approval of the Minutes of the Regular Board Meeting of March 16, 2021 and April 25, 2022
    • Board to Consider: (a) Finding Exempt from the California Environmental Quality Act the Execution of a Water Transfer Agreement Between Westlands Water District Distribution District No.2 and the City of Coalinga to Benefit a Landowner/Water User in Pleasant Valley Water District, (b) Authorizing Execution of Said Transfer Agreement, and (c) Authorizing Related Actions
    • 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 Board President may waive these limitations.
    • Adjournment
  13. 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.
  14. Closed Session – The Board will meet in closed session pursuant to the Government Code sections noted to discuss the following:
    • Conference with Real Property Negotiators (Pursuant to Cal. Gov. Code section 54956.8)
      • Property: 1.48-acre Easement  in N½ NE ¼ of Section 33, Township 15S., Range 13E., M.D.B.&M Agency Negotiator: General Manager or designee Negotiating Parties: Lorey Frank Oberti and Susan Jean Oberti Living Trust Under Negotiation: Price and terms of payment
    • Public Employment/Public Employee Appointment (Govt. Code § 54957)  Title of Position to be Filled:  General Manager
    • Conference with Labor Negotiators (Govt. Code § 54957.6)Agency Designated Representative(s): Jeff Fortune
      Unrepresented Employee: General Manager
    • Public Employee Performance Evaluation (Pursuant to Government Code Section 54957)
      Title:  Assistant General Manager & General Counsel
    • 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
    • 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
    • Conference With Legal Counsel – Existing Litigation
      Existing Litigation Pursuant to paragraph (1) of Subdivision (d) of Section 54956.9
      • 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
      • Westlands Water District v. United States, United States Court of Appeal for the Federal Circuit, Case No. 13-5069
      • 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”)
      • 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”)
      • 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”)
      • 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”)
      • 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”)
      • 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”)
      • State Water Board Cases, Sacramento County Superior Court Case No. JCCP 5013 (“WQCP Phase 1 Litigation”)
      • 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”)
      • 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”)
      • 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”)
      • 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”)
      • Pacific Gas and Electric Company, Federal Energy Regulatory Commission, Docket Nos. ER20-2878-000 et al. (“PG&E Wholesale Distribution Tariff Proceedings”)
      • 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”)
      • 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”)
  15. Report from Closed Session, if any, Required by Government Code Section 54957.1
  16. Board of Directors to Consider Authorizing Execution of an Employment Agreement for General Manager, including Setting Compensation and Benefits
  17. Board of Directors to Consider Authorizing the General Manager or Designee to Execute a Permanent Distribution Easement from Lorey Frank Oberti and Susan Jean Oberti Living Trust (Oberti) in the N½ NE ¼ of Section 33, Township 15S., Range 13E., M.D.B.&M Adjournment
    Recess
    1:30 pm
  18. Annual Water Users’ Workshop – District staff will provide information on various matters for the 2023-2024 water contract year.

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.