Westlands Water District

Fresno, CA

Board Meeting (9-17-2024)

Notice

Notice is hereby given that a regular meeting of the Board of Directors of Westlands Water District will be held on September 17, 2024, at 9:00 a.m. at the District’s Fresno Office, 286 W. Cromwell Avenue, Fresno, California 93711.

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Meeting Agenda

Public Comment – Any member of the public may address the Board concerning any matter on the agenda. Public comment is limited to three minutes per person and no more than fifteen minutes per topic. For good cause, the meeting Chair may waive these limitations. Reminder that this meeting is being recorded.

  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 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 August 20, 2024
    2. Approving the Accounts Payable Reports (Farmer)
    3. Approving 2024-2025 Budget Augmentation to Dues and Subscriptions and Contingency Reserve.

      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/Payne)
    3. Public Outreach, External Affairs, and Consultant Review (Febbo/Jonasson)
    4. Operations & Maintenance Report (Vandergon)
    5. Valley Clean Infrastructure Plan Update (Febbo/Gutierrez)
  5. Outside Agency Activities (Board) – Reports on activities of outside agencies (Family Farm Alliance [Bourdeau/Mike Wade], San Luis & Delta Mendota Water Authority [Freeman], Association of California Water Agencies [Franson], State and Federal Contractors Water Agency [Gutierrez], Central Valley Project Water Association [Farmer], 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 (Farmer)
    2. Consider Options for Allocating and Pricing Other Water (Freeman)
    3. Consider Accepting the Westlands Water District Fiscal Year 2024 Financial Statements (Farmer)
    4. Consider Approving a 2024-2025 Budget Transfer to Procure Services for a National Public Affairs and Communications Strategy (Febbo)
    5. Consider Approving a 2024-2025 Budget Transfer to Procure Services for an Energy and Power Consultant (Febbo)
  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. Board of Directors to Receive an Update and/or Provide Input on Sustainable Groundwater Management Act and Groundwater Sustainability Plan Frequently Asked Questions
  8. Board of Directors to Consider Accepting the Westlands Water District 2024 Strategic Plan (Febbo)
  9. Board of Directors to Receive Update on Bureau of Reclamation South of Delta Drought Plan (Febbo/Gutierrez)
  10. Board of Directors to Receive Update on B.F. Sisk Dam Raise and Reservoir Expansion Project (Febbo/Freeman)
  11. Board of Directors to Receive Update on the 2024 District General Election Process (Febbo/Farmer/Brownstein)
  12. Board of Directors to Consider Options for Allowing Water Users to Recharge at District Owned Facilities (Campbell)
  13. Public Comment – Any member of the public may address the District Board of Directors concerning any matter not on the Agenda 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 meeting Chair may waive these limitations. Public questions and comments on items listed on the Agenda will be accepted at the time the item is considered by the Board.
  14. Closed Session – The Board will meet with Legal Counsel 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. Conference with Legal Counsel – Anticipated Litigation
      Significant exposure to litigation (Pursuant to Cal. Gov. Code section 54956.9(d)(2)) and/or initiation of litigation (Pursuant to Cal. Gov. Code section 54956.9(d)(4)) – 5 potential cases
    3. Conference with Real Property Negotiators (Pursuant to Cal. Gov. Code section 54956.8)
      1. Property: BF Sisk Dam and water supply pursuant to agreement re
        BF Sisk Dam Raise & Reservoir Expansion Project
        Agency Negotiator: General Manager or designee
        Negotiating Parties: U.S. Bureau of Reclamation
        Under Negotiation: Price and terms of payment
      2. Property: Water Supply
        Agency Negotiator: General Manager or designee
        Negotiating Parties: Valley Water
        Under Negotiation: Price and terms of payment
      3. Property: Water Supply
        Agency Negotiator: General Manager or designee
        Negotiating Parties: Metropolitan Water District of Southern California
        Under Negotiation: Price and terms of payment
      4. Property: Approximately 685 acres consisting of APNs: 012-160-24ST, 012-160-25ST, 012-190-09T, 012-190-25ST and 012-190-26ST
        Agency Negotiator: General Manager or designee
        Negotiating Parties: City of Mendota
        Under Negotiation: Price and terms of payment
      5. Property: Approximately 148 acres consisting of APN 036-170-035
        Agency Negotiator: General Manager or designee
        Negotiating Parties: Avenal Almonds LLC
        Under Negotiation: Price and terms of payment
      6. Property: Approximately 210 acres consisting of APN 075-020-38S
        Agency Negotiator: General Manager or designee
        Negotiating Parties: Sran Family 2005 Revocable Trust
        Under Negotiation: Price and terms of payment
      7. Property: Approximately 1,796 acres consisting of APNs 028-041-45S, 028-041-45S, 028-050-44S, 028-050-049S, 036-180-063, 075-020-38S, 085-050-39S, 085-090-04, 085-090-26S, 085-090-90S, 085-090-91S, 085-090-92S, 085-090-93S, 085-090-94S, 085-090-95S, and 085-090-96S, and 085-090-97S
        Agency Negotiator: General Manager or designee
        Negotiating Parties: Sran et al
        Under Negotiation: Price and terms of payment
    4. Conference with Labor Negotiators (Pursuant to Cal. Gov. Code section §54957.6)
      1. Agency Designated Representatives:  General Manager or designee(s)
        Employee Organization: Miscellaneous Non-Supervisory Unit, Operating Engineers Local # 3, AFL-CIO
      2. Agency Designated Representatives:  General Manager or designee(s)
        Employee Organization: Office & Clerical Employee Unit, Operating Engineers Local # 3, AFL-CIO
    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”)
      18. Westlands Water District v. Edward M. Coelho, et al., Fresno County Superior Court, Case No. 24CECG02786 (“2024 Westlands Regulation Enforcement”)
      19. State Water Resources Control Board, Administrative Hearings Office, Proceeding re Petitions for Change of Water Rights Permits 16478, 16479, 16481, and 16482 (Applications 5630, 14443, 14445A, and 17512, respectively) of the Department of Water Resources (“Delta Conveyance Project Proceeding”)
      20. In re Testamentary Trust of Wakefield Baker, Jr., Shasta County Superior Court Case No. 24PB-0032553 (“Tuna Creek Property Proceeding”)
  15. Report from Closed Session, if any, Required by Government Code Section  54957.1
  16. Adjournment

Order of Business

The order of business reflected in this Agenda is subject to change.

Accessibility

In compliance with the Americans with Disabilities Act, if you are a person with a disability and you need a disability-related modification or accommodation to participate in this meeting, please contact the District’s Fresno Office by telephone at 559-224-1523, by fax at 559-241-6277, or by written correspondence addressed to Westlands Water District, Attn: Abby Castillo, P.O. Box 5199, Fresno, California 93755. Notifications of at least 48 hours prior to a regular meeting, or as soon as possible in advance of a special 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 remote meeting participation by telephone or video conference through Zoom. This option is offered as a courtesy and is not required by law. At the appropriate time, the meeting Chair will acknowledge members of the public wishing to provide comment. Participants attending by video conference are asked to use the “Raise Hand” tool in the Zoom interface 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 at the District’s Fresno office 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. This agenda and supporting materials 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 supporting materials 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 supporting materials is 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.