Board Meeting - Westlands Water District

PARTICIPATION EXCLUSIVELY THROUGH BLUEJEANS.COM

Notice

Notice is hereby given that a regular meeting of the Board of Directors of Westlands Water District will be held on June 16, 2020 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 BlueJeans.com.

Join the meeting from a computer, tablet or smartphone:

Join the Meeting: BlueJeans.com

Want to dial in from a phone?

Dial one of the following numbers:
+1.888.748.9073 (United States(Primary))
+1.844.540.8065 (United States(Primary))
+1.408.419.1715 (United States(San Jose))
+1.408.915.6290 (United States(San Jose))

Enter the meeting ID followed by #

Meeting ID
734 525 898

Connecting from a room system?
Dial: bjn.vc or 199.48.152.152 and enter your meeting ID

BlueJeans will be opened 15 minutes prior to the start of the meeting
For information on how to use BlueJeans.com, go to: Support.BlueJeans.com

ONCE YOU JOIN, PLEASE MUTE YOUR LINE.

At the beginning of the hearing, the President of the Board will provide instructions on how members of the public will be able to participate in the hearing and meeting. If you have problems using the BlueJeans.com prior to the start of the hearing, 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.

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.

Agenda

Call to Order
Board of Directors to Consider Corrections or Additions to the Agenda of Items, as Authorized by Government Code Section 54950 et seq.
Board of Directors to Consider Approval of the Minutes of the Regular Board Meeting of May 19, 2020
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, 2019 ROD and Biological Opinions and other resources activities
2. Federal & State Legislative Affairs
3. Public Outreach
4. Other District Activities
Outside Agency Activities (Board) – Reports on activities of outside agencies (FFA, SLDMWA, ACWA and SFCWA, etc.) will be presented.
Legal Affairs Committee (Coelho) – The Committee Chair will report on items within the Committee’s jurisdiction.
Operations & Maintenance Committee (Coelho) – The Committee Chair will report on items within the Committee’s jurisdiction.
Personnel Committee (Enos) – The Committee Chair will report on items within the Committee’s jurisdiction.
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 a Recommendation that the Board of Directors Authorizes Execution of a Grant of Easement to Pacific Gas and Electric, Consisting of Approximately 9,075 square feet in the SE ¼ of Section 21 in Township17 South, Range16 East, M.D.B.&M
2. Receive an Update on the 2020-2025 Westlands Water District Groundwater Pumping and Conveyance Project Draft Initial Study/Negative Declaration
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
Finance & Administration Committee (Enos) – The Committee Chair will report and the Board will act upon recommendations of the Committee, if any, regarding the following items:
1. Board of Directors to Receive Update on Pricing of the San Luis Unit/Westlands Water District Financing Authority Revenue Bonds Series 2020A and Subordinate Revenue Bonds
  Series 2020B
2. Consider Recommendation that the Board of Directors Approves Budget Transfers and Augmentations
3. Consider Recommendation that the Board of Directors Approve Accounts Payable Reports
4. Receive Report on Investments and Financial Reports
Board of Directors to Consider Appeal of Finance & Administration Committee Decision Regarding Waiver of Rules and Regulations, Terms and Conditions or Other District Financial Provisions by Bhullar Estates
Board of Directors to Consider Authorizing the Retention of a Firm for the Management of the District’s Strategic Communications and Public Outreach Efforts
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.
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: A 9,075 square feet easement of land consisting of the following:
    1. The SE4 of Section 21 T.17S., R.16E., M.D.B.&M
      Agency Negotiator: General Manager or designee
      Negotiating Parties: Pacific Gas and Electric
      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 – 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 – 3 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-LJO/SKO
  2. Westlands Water District v. United States, United States Court of Appeal for the Federal Circuit, Case No. 13-5069
  3. San Luis & Delta-Mendota Water Authority and Westlands Water District v. Delta Stewardship Council et al., Sacramento County Superior Court Case No. 34-2013-80001500 (Delta Plan Litigation). Appeals in Delta Plan Litigation:
    City of Stockton v. Delta Stewardship Council et al. (Sacramento County Superior
    Court JCCP No. 4758)(Third District Court of Appeal Case No. C082994); State Water
    Contractors, et al. v. Delta Stewardship Council et al. (Sacramento County Superior
    Court JCCP No. 4758) (Third District Court of Appeal Case No. C082944); California
    Water Impact Network, et al. v. Delta Stewardship Council et al. (Sacramento County
    Superior Court JCCP No. 4758) (Third District Court of Appeal Case No. C082994);
    Central Delta Water Agency, et al. v. Delta Stewardship Council et al. (Sacramento
    County Superior Court JCCP No. 4758) (Third District Court of Appeal Case No.
    C082994); North Coast Rivers Alliance, et al. v. Delta Stewardship Council et al.
    (Sacramento County Superior Court JCCP No. 4758) (Third District Court of Appeal
    Case No.C082994); San Luis & Delta-Mendota Water Agency et al. v. Delta
    Stewardship Council et al. (Sacramento County Superior Court JCCP No. 4758) (Third
    District Court of Appeal Case No. C082994); Save the California Delta Alliance v.
    WESTLANDS WATER DISTRICT
    June 16, 2020 at 1:00 p.m.
    Delta Stewardship Council et al. (Sacramento County Superior Court JCCP No. 4758)
    (Third District Court of Appeal Case No. C082994)
  4. California Sportfishing Protection Alliance et al. vs. California State Water Resources
    Control Board, et al., Alameda County Superior Court, Case No. RG15780498 (State
    WQCP/TUCP) (2015 TUCP Orders)
  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-DAD-SKO
    (2016-2018 Interim Renewal Contract EA)
  6. 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 (2005 DMC
    Contract Renewals Litigation)
  7. City of Fresno, et al. v. United States, United States Court of Federal Claims, Case
    No. 1:16-cv-01276-EDK (Friant Takings Suit)
  8. 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)
  9. 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)
  10. North Coast Rivers Alliance et al. v. Department of Water Resources, Sacramento
    Superior Court Case No. 34-2019-80003057 (COA Addendum-WaterFix No Harm
    Litigation)
  11. People of the State of California v. Westlands Water District, Shasta Superior Court,
    Case No. 192487 (Public Resources Code Section 5093.542)
  12. Friends of the River et al. v. Westlands Water District, Shasta Superior Court, Case
    No. 192490 (Public Resources Code Section 5093.542)
  13. North Coast Rivers Alliance et al. v. Westlands Water District, Shasta Superior Court,
    Case No. 192958 (Public Resources Code Section 5093.542)
  14. 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 Superior
    Court, Case No. 19CECG03887 (Validation Action)
  15. 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)
  16. 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)
  17. Mound Farms v. California Department of General Services et al., Yolo County
    Superior Court, Case No. PT19-2766 (Yolo Ranch CEQA Challenge)
  18. James Irrigation District v. Westlands Water District, Fresno Superior Court, Case No.
    20CECG00688 (Challenge to MPG 20-Year Exchange Program)
  19. Solano County Water Agency Appeal of Westlands Water District’s Delta Plan
    Consistency Certification for Lower Yolo Ranch Restoration Project, Delta Stewardship Council, Certification Number C20203
Report from Closed Session, if any, Required by Government Code Section 54957.1
Adjournment

Order of Business

The order of business reflected in this Notice and 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 St., 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 June 16, 2020 regular meeting of the Westlands Water District Board of Directors was posted on June 10, 2020, 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.”