Westlands Water District

Fresno, CA

Board Meeting

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 April 21, 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.

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Meeting ID
353 720 757

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

  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 Adjourned Regular Board Meeting of February 26, 2020
  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, ROC on LTO 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 (FFA, SLDMWA, ACWA and SFCWA, 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 (Enos) – The Committee Chair will report on items within the Committee’s jurisdiction.
  9. 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 that the Board of Directors Authorize Execution of a Rate Agreement with Power and Water Resources Pooling Authority for up to 3.2 Mega Watts of Battery Solar for a Term of up to 22 years and Related Actions
    2. Consider a Recommendation that the Board of Directors Authorize a Grant to Pacific Gas and Electric for a 0.02 Acre Easement in the SE ¼ of Section 2 in T.17S., R.14E., M.D.B.&M.
    3. Receive 2019/20 Groundwater Conditions Update
  10. Sustainable Groundwater Management Act – Serving as the Groundwater Sustainability Agency of the Westside Subbasin, Board to receive an update and provide input on Sustainable Groundwater Management Act of 2014 (SGMA) implementation/compliance activities, including actions to implement the Groundwater Sustainability Plan.
  11. 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. Consider Adoption of the Revised Policy for Disclosure Procedure
    2. Consider Adoption of the Revised Policy for Debt Management
    3. Consider Adoption of the Designated Reserve Funds Policy
    4. Consider Salary and Wage Transfer for New Full-time Associate Science Advisor
    5. Consider Salary and Wage Transfer for New Senior Customer Service Representative
    6. Consider Recommendation that the Board of Directors Approve Budget Transfers and Augmentations
    7. Consider Ratification of the March 17, 2020 Accounts Payable and Consider Recommendation that the Board of Directors Approve Accounts Payable Reports of April 16, 2020
    8. Receive Report on Investments and Financial Reports
    9. Consider Resolution No. 110-20, Designation of Applicant’s Agent Resolution for Non-State Agencies and Ratification of Filing a Request Under Federal Emergency Management Agenda’s (FEMA) Public Assistance
    10. Set 2020 Benefit Assessment Equalization Hearing Date and Time
  12. 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.
  13. 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: Approximately 14.3 acres, described as the following: A 14.3 acres easement in the E ½ of Section 25 in T.15S., R.14E., M.D.B.&M. Agency Negotiator: General Manager or designee Negotiating Parties: EDP Renewables North America, LLC Under Negotiation: Price and terms of payment
      2. Property: Approximately 0.02 acres, described as the following: A 0.02 acre easement along the south section line of the SE ¼ of Section 2 in T.17S., R. 14E., 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 – 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-LJO/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. 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-LJO-MJS (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-LJO-EPG (2005 DMC Contract Renewals Litigation)
      7. City of Fresno, et al. v. United States, United States Court of Federal Claims, Case No. 16-1276L (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. 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-SAB (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-SKO (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)
    5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section § 54957) Title: General Manager
    6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section § 54957) Title: General Counsel
  14. Report from Closed Session, if any, Required by Government Code Section 54957.1
  15. Board of Directors May Consider Adjustments to Executive Compensation for General Manager and/or General Counsel
  16. 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 April 21, 2020 regular meeting of the Westlands Water District Board of Directors was posted on April 16, 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 District’s website and was available for public inspection.”