Westlands Water District

Fresno, CA

Board Meeting (7-19-2022)

Notice

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

    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. Approval of the Minutes of the Regular Board Meeting of June 21, 2022, and Special Board Meeting of July 7, 2022
    2. Approval of the 2022-2023 Budget Augmentation for Distribution System – Outside Services
    3. Approval of the Accounts Payable Reports
    4. Acceptance of the Investment and Financial Reports

      Report and Additional Action Item

  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 (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. Personnel Committee (Bourdeau) – The Committee Chair will report on items within the Committee’s jurisdiction.
  9. Water Policy Committee (Anderson) – The Committee Chair will report on items within the Committee’s jurisdiction.
  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. Receive Groundwater Conditions Update for the First Quarter of the 2022/23 Water Contract Year and Subsidence
    3. Consider Directing Staff to Seek Subscriptions for  a Tiered Pumping Allocation
  11. Finance & Administration Committee (Nunn) – The Committee Chair will report and the Board may act upon the following items:
    1. Receive a Report  on CalPERS California Employers’ Pension Prefunding Trust (CEPPT) Funding
    2. Consider Approval of the 2022-2023 Budget Augmentation for Improvements of Property Located at 286 W. Cromwell Avenue, Fresno, CA 93711
    3. Consider Approval of the 2022-2023 Budget Transfer for Director of Science Position
  12. Board of Directors to Consider Authorizing a Land Acquistion Program, Reverse Auction, to Acquire Land within the District
  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:
    1. Conference with Real Property Negotiators (Pursuant to Cal. Gov. Code
      section 54956.8)
      1. Property: Approximately 1.8 acres of land consisting of the following:
        1. SW ¼ of Section 27 and W ½ of Section 34 in T.16S., R.16E., M.D.B.&M.
          Agency Negotiator: General Manager or delagatee
          Negotiating Parties: Gary Hughes
          Under Negotiation: Price and terms of payment
      2. Property: Water Supply
        Agency Negotiator: General Manager or designee
        Negotiating Parties: To Be Determined
        Under Negotiation: Price and terms of payment
      3. Property: Water Supply
        Agency Negotiator: General Manager or designee
        Negotiating Parties: North Yuba Water District
        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) and North Coast Rivers Alliance, et al. v. Delta Stewardship Council, et al. appeal in the Court of Appeal, Third Appellate District, Case No. C096380 (“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 (Consolidated with F084202) (“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)
  15. Report from Closed Session, if any, Required by Government Code Section 54957.1
  16. Board of Directors to Consider Authorizes the General Manager or Designee to Execute a Grant of a Pipeline Easement to Gary Hughes for the West 10 feet of the SW ¼ of Section 27 and W ½ of Section 34 in T.16S., R.16E., M.D.B.&M.
  17. 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.