Westlands Water District

Fresno, CA

Board Meeting (4-19-2022)

Notice

Notice is hereby given that a regular meeting of the Board of Directors of Westlands Water District will be held on April 19, 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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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.

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.
  3. Board of Directors to Consider Approval of the Minutes of the Regular Board Meeting of March 15, 2022 and Special Board Meetings of March 21, 2022, April 4, 2022 and April 8, 2022
  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, 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. 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 and the Board may act upon the following items.
    1. Consider Approving and Authorizing Execution of the Memorandum of Understanding for the Office & Clerical Unit Between Westlands Water District and Operating Engineers Local #3, AFL-CIO
  9. Water Policy Committee (Anderson) – The Committee Chair will report and the Board may act upon the following items:
    1. Receive an Update on the Storage Treatment Aquifer Recharge Program
    2. Board of Directors to Consider Adopting Resolution No. 112-22, 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. Board of Directors to Receive an Update on the Potential to participate in the San Luis & Delta-Mendota Water Authority (SLDMWA) B.F. Sisk Dam Raise and Reservoir Expansion Project Activity Agreement
  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. Consider Adopting Resolution No. GSA 103-22, thereby Supporting the Application for Grant Funding and Authorizing the Submission of an Application, Execution of an Agreement for Grant Funding from the California Department of Conservation, and Actions Related Thereto
    3. Board of Directors to receive an update on 2021/22 Groundwater Conditions
    4. Board of Directors to Consider Adopting Resolution No. GSA 101- 22, Adopting Certain Sections of the Draft Rules and Regulations, Sections 1.1, 1.2, 1.4, 1.10,1.13 through 1.16, and 1.18 through 1.21, that Support the Implementation of the Westside Subbasin Groundwater Sustainability Plan
    5. Board of Directors to Provide Input on the Draft Rules and Regulations Sections 1.3,1.5 through 1.9, 1.11, 1.12 and 1.17 that Support the Implementation of the Westside Subbasin Groundwater Sustainability Plan
  11. Finance & Administration Committee (Nunn) – The Committee Chair will report and the Board may act upon the following items:
    1. Consider Adopting Resolution No. 113-22, Authorizing the Investment of Monies in the Local Agency Investment Fund
    2. Consider Approving a Change to the Authorized Bank Account Signatures
    3. Consider Setting the 2022 Benefit Assessment Equalization Hearing Date
    4. Consider Approving a 2021-2022 Budget Augmentation for Scientific and Other Technical Consultants
    5. Consider Revisions to Terms and Conditions for Agricultural Water Service, Section 10, Advance Payment
    6. Consider Approving Accounts Payable Reports
    7. Receive Report on Investments and Financial Reports
  12. Board of Directors to Receive a Report Regarding 2022 District Election
  13. Board of Directors to Consider Approving Revised Salary Code Tables
  14. Board to Consider Adopting Resolution No. 114-22, the Categorical Exemption Pursuant to the California Environmental Quality Act for the Annexation of Real Property, Approving Annexation of Real Property, Authorizing the General Manager to Take Action Necessary to Initiate Annexation and Requesting the Fresno Local Agency Formation Commission to Approve Annexation and Approving Certain Other Actions
  15. Board of Directors to Receive Update on Disclosure Responsibilities Under the Federal Securities Laws – Doug Brown, Stradling, Yocca, Carlson & Rauth
  16. 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.
  17. 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: Up to 1,283 acres of District owned land, described as follows:
        1. SE ¼ of Section 23 in T.15S., R.14E., M.D.B.&M; and
        2. Section 24 in T.15S., R.14E., M.D.B.&M excluding approximately 100 acres; and
        3. NE ¼ Section 19 in T.15S., R.15E., M.D.B.&M; and
        4. N ½ and N ½ of the SE ¼ Section 25 in T.15S., R.14E., M.D.B.&M; and
        5. W ½ Section 26 in T.15S., R.14E., M.D.B.&M excluding approximately 40 acres.
          Agency Negotiator: General Manager or designee
          Negotiating Parties: Luna Valley Solar 1, LLC
          Under Negotiation: Price and terms of payment
      2. Property: 3,750 Square Feet of District owned land, described as follows:
        1. NE ¼ of Section 23, T.16.S., R.14E., M.D.B.&M
          Agency Negotiator: General Manager or designee
          Negotiating Parties: Touchstone Pistachios
          Under Negotiation: Price and terms of payment
      3. Property: Up to approximately 1,308.48 acres of land consisting of the following:
        1. E ½ of Section 2 and N  ½ of Section 12, T.16S., R.13E., M.D.B.&M.; and
        2. NW¼ of Section 7, SW ¼ of Section 8, S ½ and N ¼ of NW ¼ of Section 6, T.16S., R.14E., M.D.B.&M.
          Agency Negotiator: General Manager or designee
          Negotiating Parties: Rock’N JK Almonds
          Under Negotiation: Price and terms of payment
      4. Property: Up to approximately 313.70 acres of land consisting of the following:
        1. SW¼ of Section 27, SW corner of Section 26, and NE¼ of Section 25, T.15S., R.13E., M.D.B.&M.; and
          Agency Negotiator: General Manager or designee
          Negotiating Parties: Chaney Almond Ranch
          Under Negotiation: Price and terms of payment
      5. Property: Up to approximately 262.18 acres of land consisting of the following:
        1. SW¼, E ½ of the SE¼, and SW¼ of the NW¼  of Section 29 , T.16S., R.15E., M.D.B.&M.; and
          Agency Negotiator: General Manager or designee
          Negotiating Parties: Clarkson Ranch
          Under Negotiation: Price and terms of payment
    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 – 1 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 – 9 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-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-JLT-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-JLT-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-0706-JLT-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-JLT-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, and appeal in the Court of Appeal, Fifth Appellate District, Case No. F083632 (“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-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. 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”)
      18. 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)
      19. 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)
  18. Report from Closed Session, if any, Required by Government Code Section 54957.1
  19. Consider Adopting Resolution No. 115-22, Considering the Environmental Impact Report No. 7813 (State Clearinghouse No. 2020080488) and Adopting Findings of Fact as a Responsible Agency and Approving a Mitigation Monitoring and Reporting Program, Pursuant to the California Environmental Quality Act for the Luna Valley Solar Energy Project
  20. Consider Adopting Resolution No. 116-22, Approving the Luna Valley Solar Energy Project, and Authorizing the General Manager or Designee to Execute an Amendment to the Option and Purchase Agreement with Luna Valley Solar 1, LLC, Extending its Term by 54 Months, for 1,283.62 acres in Sections 23, 24, 25 and 26 in Township 15S. Range 14E., M.D.B.&M
  21. Consider Authorizing Execution of a District Pipeline Easement Abandonment in the Southwest Corner of the Northeast Quarter of Section 23, T.16.S., R.14E., M.D.B.&M and Acquisition of a New District Pipeline Easement in the Northwest Corner of the Southeast Quarter of Section 23, T.16.S., R.14E., M.D.B.&M., with additional Terms and Conditions
  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 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.