Westlands Water District

Fresno, CA

Board Meeting (3-21-2024)

Notice

Notice is hereby given that an adjourned regular meeting of the Board of Directors of Westlands Water District will be held on March 21, 2024, 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 adjourned 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 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.

  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 February 22, 2024 and Special Board Meeting of March 11, 2024 (Ormonde)
    2. Approving the Accounts Payable Reports (Ormonde)

      Report and Additional Action Item
  4. General Manager’s Report (Febbo)
    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 (Freeman/Boardman)
    2. Federal & State Legislative Affairs (Febbo)
    3. Public Outreach, External Affairs, and Consultant Review (Febbo/Jonasson)
    4. Operations & Maintenance Report (Pierce)
  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. 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 Investment and Financial Reports (Ormonde)
  7. Sustainable Groundwater Management Act (Campbell) – 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. Receive an Update on the Westside Subbasin Boundary
  8. Records Retention and Destruction Policy (Saghatelian)
    1. Board to Receive Report on Existing Records Retention Policy and Proposed Update to Same to Reflect Changes Since 2008
    2. Board to Consider Resolution No.105-24 Adopting Records Retention Schedule, Authorizing Destruction of Certain Agency Records, and Rescinding Resolutions No. 113-08, No. 672-81 and Prior Policies in Conflict Therewith
  9. 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.
  10. 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:  Interim General Counsel
    3. Conference with Real Property Negotiators (Pursuant to Cal. Gov. Code section 54956.8)
      1. 3130 N. Fresno Street, Fresno, CA 93703
        Agency Negotiator: General Manager or designee
        Negotiating Parties: College Church of Christ of Fresno
        Under Negotiation: Price and terms of payment
      2. Property: Approximately 77.45 acres in the E ½ of NW ¼ of Section 36, T.13S., R.14E., M.D.B.&M.
        Agency Negotiator: General Manager or designee
        Negotiating Parties: Oriole Homes
        Under Negotiation: Price and terms of payment
      3. Property: Approximately 762.42 acres consisting of APNs: 012-160-24ST, 012-160-25ST, 012-190-11T, 012-190-25ST and 012-190-26ST
        Agency Negotiator: General Manager or designee
        Negotiating Parties: City of Mendota
      4. Property: Water Supply
        Agency Negotiator: General Manager or designee
        Negotiating Parties: T.B.D.
        Under Negotiation: Price and terms of payment
        Property: Water Supply
    4. Conference with Legal Counsel – Anticipated Litigation-
      Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 – 3 potential cases
    5. 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 Co. Superior Court, Case No. 34-2018-80002898, Third District Court of Appeal Case No. C097948 (“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. (A) Acting as the governing board of Westlands Water District Distribution District No. 1:   Westlands Water District Distribution District 1 v. All Persons Interested in the Matter of the Contract Between the United States and Westlands Water District Distribution District No. 1 Providing Project Water Service and Facilities Repayment, Fresno County Superior Court, Case No. 20CECG01011 Filed: 3/18/20 and appealed in the Court of Appeal, Fifth Appellate District No. F084294  (“DD1 Validation Action”)
        (B) Acting as the governing board of Westlands Water District Distribution District No. 2: Westlands Water District Distribution District 2 v. All Persons Interested in the Matter of the Contract Between the United States and Westlands Water District Distribution District No. 2 Providing Project Water Service and Facilities Repayment, Fresno County Superior Court, Case No. 20CECG01012 Filed: 3/18/20 and appealed in the Court of Appeal, Fifth Appellate District No. F084291  (“DD2 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-0431-JLT-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-0426-JLT-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. 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”)
      17. 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”)
  11. Report from Closed Session, if any, Required by Government Code Section 54957.1

    RECESS

    1:30 p.m.

    Annual Water Users’ Workshop – District staff will provide information on various matters for the 2024-2025 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 286 W. Cromwell Avenue, Fresno, California, 93711 by telephone (559-224-1523), facsimile (559-241-6277), or written correspondence addressed to Westlands Water District, Attn: Karen Clark, P.O. Box 5199, Fresno, California 93711.  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 at the District’s Fresno office, which is located at 286 W. Cromwell Avenue, Fresno, California, 93711.

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.