Notice
Notice is hereby given that a regular meeting of the Board of Directors of Westlands Water District will be held on September 19, 2023, at 9:00 a.m. at the District’s Fresno Office, 3130 N. Fresno Street, Fresno, California, 93703.
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Meeting Agenda
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.
- 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.
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. - Board of Directors to Consider:
- Approving the Minutes of the Regular Board Meeting of August 15, 2023 and Special Board Meeting of August 30, 2023 (Ormonde)
- Approving the Accounts Payable Reports (Ormonde)
- Appointing District Representatives to the Central Valley Salinity Alternatives for Long-Term Sustainability Board, the Management Practices Evaluation Program Group, and Central Valley Groundwater Monitoring Collaborative (Campbell)
- Approving a 2023-2024 Budget Transfer for District-branded Staff Apparel Items (Jonasson)
- Finding Exempt from the California Environmental Quality Act the Execution of a Rate Agreement with the Power and Water Resources Pooling Authority for up to two (2) Mega Watts of Solar Generation, (b) Authorizes the General Manager or Designee to Execute the Said Agreement in Substantially the Same Form as presented; provided that the General Manager or General Counsel may Revise the Said Agreement as required and (c) Authorizing Related Actions (Campbell)
- Adopting Resolution No. 116-23, Declaring the District Owned Land Consisting of 2,942.09 Acres – E½ of Section 9, W½ of Section 15, NE¼ of Section 16, S½ & NW¼ & NE¼ of Section 21, NW¼ of NW¼ of Section 22, NW¼ & NW¼ of NE¼ of Section 28, Section 29, E½ of NE¼ of Section 31, and Section 33, T. 36N., R.3W., M.D.B.&M., in Shasta County, California as Exempt Surplus Land and Authorizing Related Actions (Freeman)
Report and Additional Action Item
- General Manager’s Report (Febbo)
- 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 (Feeman/Boardman)
- Federal & State Legislative Affairs (Febbo)
- Public Outreach (Jonassan)
- Update on Improvements of New District Office and Other Matters Related to Occupancy of New Office (Guitierrez)
- Operations & Maintenance Report (Pierce)
- Other District Activities, including New Contract Year and Other Water Allocation (Freeman/Gutierrez)
- 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.
- Finance & Administration Committee (Bourdeau) – The Committee Chair will report and the Board may act upon the following items within the Committee’s jurisdiction.
- Consider Investment and Financial Reports (Ormonde)
- Consider Approving a 2023-2024 Budget Transfer for Dues & Subscriptions for Increased Costs, Addition of Survey Monkey, Membership in the California Special Districts Association, and Contribution to the Public Policy Institute of California (Febbo/Jonasson)
- Consider Water Rates and Charges Methodology for Temporary Diversions and Unites States Bureau of Reclamation Capital Repayment Debt Service (Ormonde/Freeman)
- Consider Revised Salary Schedule (Gutierrez/Ormonde)
- Sustainable Groundwater Management Act (Campbell) – Serving as the Groundwater Sustainability Agency of the Westside Subbasin:
- 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
- Consider Adopting Resolution No. GSA 103-23, thereby Modifying the Rules and Regulations that Support the Implementation of the Westside Subbasin Groundwater Sustainability Plan
- Board of Directors to Consider: (a) Finding Exempt from the California Environmental Quality Act Article 2 Amendments Incorporating Criteria for a Program that Provides for Continued Benefits to Non-Irrigable Lands and Article 19 Amendments for M&I Application of Use; and (b) Authorizing said Amendments (Gutierrez)
- Board of Directors to Receive Update, Consider Options, and Provide Direction for Managing District Water Supply, Implementing Article 2, Managing Operating Cash, and Revising 2023-24 Water Rates and Charges (Freeman/Gutierrez)
- Board of Directors to Receive Update on Management Structure (Febbo)
- Board of Directors to Receive Update on District Consultants (Febbo)
- Board of Directors to Consider Designation of Representative for Labor Negotiations with Interim General Counsel (Febbo)
- Board of Directors to Consider (a) Approving the Execution of a Letter of First Right of Opportunity with the Winnemem Wintu Tribe and SAWALMEM to Acquire District Owned Land Consisting of 2,942.09 Acres – E½ of Section 9, W½ of Section 15, NE¼ of Section 16, S½ & NW¼ & NE¼ of Section 21, NW¼ of NW¼ of Section 22, NW¼ & NW¼ of NE¼ of Section 28, Section 29, E½ of NE¼ of Section 31, and Section 33, T. 36N., R.3W., M.D.B.&M., in Shasta County , and (b) Authorizing Related Actions (Febbo/Freeman)
- Board of Directors to Consider: (a) Finding Exempt from the California Environmental Quality Act Execution of a Right of Way Contract for an Easement Over APN 033-380-007 and a portion of APN 033-390-001, Identified as DWR Parcel No. YBSH-160, to Accomplish the Goals of the Yolo Bypass Salmonid Habitat Restoration and Fish Passage Project; (b) Authorizing the Execution of Said Agreement, and (c) Authorizing Related Actions (Gutierrez)
- 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.
- Closed Session – The Board will meet in closed session pursuant to the Government Code sections noted to discuss the following:
- Public Employee Performance Evaluation (Pursuant to Cal. Gov. Code section 54957(b)(1))
Title: General Manager - Public Employee Appointment (Govt. Code § 54957)
Title: Interim General Counsel - Conference With Labor Negotiators (Govt. Code § 54957.6)
Agency designated representatives: President Fortune or another person designated per Item 12 on agenda for the meeting
Unrepresented Employee: Interim General Counsel - Conference with Real Property Negotiators (Pursuant to Cal. Gov. Code section 54956.8)
- Property: Approximately 47 acres of land in APNs: 073 080 24S & 073 080 23S
Agency Negotiator: General Manager or designee
Negotiating Parties: Agstrategies, LLC
Under Negotiation: Price and terms of payment - Property: Approximately 1,212 acres, consisting of Yolo County APNs: 033-270-001, 033-370-001, 033-380-013, 033-380-003, 033-380-007, and 033-390-001
Agency Negotiator: General Manager or designee
Negotiating Parties: To be determined
Under Negotiation: Price and terms of payment - Property: Water Supply
Agency Negotiator: General Manager or designee
Negotiating Parties: San Joaquin River Exchange Contractors Water Authority
Under Negotiation: Price and terms of payment - Property: Water Supply
Agency Negotiator: General Manager or designee
Negotiating Parties: To be determined
Under Negotiation: Price and terms of payment
- Property: Approximately 47 acres of land in APNs: 073 080 24S & 073 080 23S
- 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 case Facts and Circumstances: Correspondence from K. Assemi to A. Febbo - Conference with Legal Counsel – Anticipated Litigation
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 – 5 potential cases - Conference with Legal Counsel – Existing Litigation
Existing Litigation Pursuant to paragraph (1) of Subdivision (d) of Section 54956.9- 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
- Westlands Water District v. United States, United States Court of Appeal for the Federal Circuit, Case No. 13-5069
- 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”)
- 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”)
- 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”)
- 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”)
- 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”)
- 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”)
- State Water Board Cases, Sacramento County Superior Court Case No. JCCP 5013 (“WQCP Phase 1 Litigation”)
- 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”)
- 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”)
- 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”)
- 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”)
- Pacific Gas and Electric Company, Federal Energy Regulatory Commission, Docket Nos. ER20-2878-000 et al. (“PG&E Wholesale Distribution Tariff Proceedings”)
- 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”)
- 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”)
- Public Employee Performance Evaluation (Pursuant to Cal. Gov. Code section 54957(b)(1))
- Report from Closed Session, if any, Required by Government Code Section 54957.1
- Board of Directors to Consider Authorizing Execution of Employment Agreement for Employee Appointed as Interim General Counsel, Including Setting Compensation and Benefits (Febbo)
- The Board of Directors to Consider: (a) Authorizing the General Manager or Designee to Execute a Purchase and Sale Agreement for the acquisition of approximately 47.72 acres of land, consisting of Fresno County APNs 073-080-23s and 073-080-24s in South East Quarter of Section 22 T.20S., R.16E., M.D.B.&M., Provided: (1) the Secretary of the Natural Resources Agency Determines the Acquisition of Property by the District is an Activity Eligible to be Conducted under the CEQA Suspension Paragraph 5 of Executive Order N-7-22, (2) a Phase 1 Environmental Site Assessment with No Recognized Environmental Conditions, and (3) a Clean Title Report, and (b) Authorizing Related Actions (Freeman)
- 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 Street, 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 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.
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. The agenda and information to support items on the agenda 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 the information supporting the items on the agenda 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 the information supporting the items on the agenda are 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.