Board Meeting - Westlands Water District

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Notice

Notice is hereby given that a regular meeting of the Board of Directors of Westlands Water District will be held on September 15, 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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At the beginning of the hearing, the President 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 August 18, 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, 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 Recommendation that the Board of Directors Authorizes Execution of an Amendment to the Amended and Restated Contract Between Westlands Water District and the City of Coalinga for the Transportation of Water and the Payment of Costs Related Thereto
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
2. Board of Directors to Consider Adopting Resolution No. GSA 102-20, thereby Authorizing the Submission of an Application and Proposal for Grant Funding from the California Department of Conservation for Groundwater Sustainability Plan Implementation of Monitoring and Assessment of the Watershed within the Westside Subbasin
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. Resolution No. 123-20, Authorizing the Refinancing of Obligations by the San Luis & Delta-Mendota Water Authority and Approving the Execution and Delivery of Certain Documents in Connection Therewith and Authorizing Certain Other Matters
2. Board of Directors to Consider Recommendation Approving the Revised Statement of Investment Policy
3. Board of Directors to Consider Recommendation Adopting the Revised Salary Schedule
4. Board of Directors to Consider Recommendation Authorizing a Contribution to the Melissa Hurtado’s Central Valley Dream Scholarship Program and a 2020-2021 Budget Transfer for the Contribution
5. Board of Directors to Consider Recommendation Approving a 2020-2021 Budget Transfer and Augmentation for Broadview Aquifer Storage and Recovery Project
6. Consider Recommendation that the Board of Directors Approves Accounts Payable Reports
7. Receive Report on Investments and Financial Reports
Board to Consider Recommendation that the Board of Directors Adopts Resolution No. 124-20, Authorizing the Filing of Notices of Statutory Exemption and Categorical Exemption from the California Environmental Quality Act for Approval of and Authorization to Execute the Contract Between the United States and Westlands Water District Providing for Project Water Service from Delta Division and Facilities Repayment, Authorizing Approval, Execution, and Delivery of the Contract Between the United States and Westlands Water District Providing for Project Water Service from Delta Division and Facilities Repayment, and Authorizing Actions in Furtherance Thereof
Board of Directors to Consider and Adopts Resolution No. 125-20, (1) Providing for Notice to Voters Whose Signatures do not Compare to the Name of the Title Owner of Record, Whose Authorization to Vote or Appointment of Proxy Forms Were Submitted To the District But Not Properly Established Prior to or Concurrently With Their Ballots, or Whose Signatures are Missing, (2) Providing Opportunities to Cure in District Elections, and (3) Authorizing Actions in Furtherance Thereof
Sitting as the Board of Directors of Distribution District No. 2 – The Board will act upon the recommendations, if any, regarding the following items:
1. Call to Order
2. Approval of the Minutes of the Regular Board Meeting of May 19, 2020
3. Consider Recommendation that the Board of Directors Authorizes Execution of an Amendment to a Water Transfer Agreement Between Westlands Water District Distribution District No. 2 and the City of Coalinga to Benefit a Landowner/Water User in the Pleasant Valley Water District
4. Public Comment – Any member of the public may address the Board concerning any matter not on the Agenda within the Board’s jurisdiction.
5. Adjournment
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 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
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 – 2 potential cases
3. 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. Delta Stewardship Council et al. (Sacramento County Superior Court JCCP No. 4758) (Third District Court of Appeal Case No. C082994)
  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-DAD-SKO (Challenge to Interim Renewal Contracts & Repayment Contracts)
  5. 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)
  6. City of Fresno, et al. v. United States, United States Court of Federal Claims, Case No. 1:16-cv-01276-EDK (Friant Takings Suit)
  7. 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)
  8. 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)
  9. 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)
  10. People of the State of California v. Westlands Water District, Shasta County Superior Court, Case No. 192487; on appeal in the Third Appellate District Case No. C091940 (Public Resources Code Section 5093.542)
  11. North Coast Rivers Alliance et al. v. Westlands Water District, Shasta County Superior Court, Case No. 192958; on appeal in the Third Appellate District, Case No. C092233 (Public Resources Code Section 5093.542)
  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 (Validation Action) Related Appeals:
    
    Westlands Water District v. County of San Joaquin et al., Fifth Appellate District, Case No. F081181; Westlands Water District v. California Water Impact Network et al., Fifth Appellate District, Case No. F0801182; Westlands Water District v. North Coast Rivers Alliance et al., Fifth Appellate District, Case No. F081174
  13. 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)
  14. 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)
  15. Mound Farms v. California Department of General Services et al., Yolo County Superior Court, Case No. PT19-2766 (Yolo Ranch CEQA Challenge)
  16. James Irrigation District v. Westlands Water District, Kern County Superior Court, Case No. BCV-20-101432 (Challenge to MPG 20-Year Exchange Program)
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 September 15, 2020 regular meeting of the Westlands Water District Board of Directors was posted on September 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.”