Westlands Water District

Fresno, CA

Board Meeting

Notice

Notice is hereby given that a regular meeting of the Board of Directors of Westlands Water District will be held on January 21, 2020 at 1:00 p.m. at the District’s Fresno Office, 3130 N. Fresno Street, Fresno, California 93703.

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 to Consider Corrections or Additions to the Agenda of Items, as Authorized by Government Code Section 54950 et seq.
  3. Board to Consider Approval of the Minutes of the following:
    1. Special Board Meeting of December 11, 2019
    2. Regular Board Meeting of December 17, 2019
    3. Special Board Meeting and Hearing of December 18, 2019
    4. Special Board Meeting of January 6, 2020
    5. Special Board Meeting and Hearing of January 8, 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 (Errotabere) – The Committee Chair will report and the Board will act upon recommendations of the Committee, if any, regarding the following items:
    1. Consider a Recommendation that the Board of Directors Adopt Resolution No. 101-20 Certifying the Final Environmental Impact Statement/Environmental Impact Report, SCH #2013041028, for the Mendota Pool Group 20-Year Exchange Program Pursuant to the California Environmental Quality Act
    2. Consider a Recommendation that the Board of Directors Adopt Resolution No. 102-20 Approving and Adopting the Mendota Pool Group 20-Year Exchange Program, and Related Actions
  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 will report and the Board will act upon recommendations of the Committee, if any, regarding the following items:
    1. Board to Consider Selection of Underwriting Team for 2020A Revenue Bonds
    2. Consider Recommendation that the Board of Directors Approve Budget Transfers and Augmentations
      1. 2019-2020 Budget Augmentation and Transfer for Power – Temporary Facilities
    3. Consider Recommendation that the Board of Directors Approve Accounts Payable Reports
    4. Receive Report on Investments and Financial Reports
  12. Consider a Recommendation that the Board of Directors Adopt Resolution No. 103-20 Authorizing Execution and Delivery of a Joint Exercise of Powers Agreement to Create the San Luis Unit/Westlands Water District Financing Authority and a Joint Exercise of Powers Agreement to Create the San Luis Unit/San Luis Water District Financing Authority, and Authorizing Certain Other Matters in Connection Therewith
  13. Board to Consider Request by Brownstein, Hyatt, Farber, Schreck for Waiver of Potential Conflict of Interest and Informed Consent
  14. Board to Consider (a) Appointment of a District Representative to the San Luis & Delta-Mendota Water Authority Board of Directors, and (b) Recommendation for an Appointment of a District Representative to the San Luis & Delta-Mendota Water Authority Finance and Administration Committee
  15. Board to Consider Appointment of Director Dan Errotabere to the Westlands Water District Financing Corporation Board of Directors
  16. Sitting as the Board of Directors of Distribution District No. 1 – The Board will act upon the recommendations, if any, regarding the following items:
    1. Call to Order
    2. Board to Consider Corrections or Additions to the Agenda of Items, as Authorized by Government Code Section 54950 et seq.
    3. Approval of the Minutes of the Regular Board Meeting of December 17, 2019
    4. Consider Recommendation that the Board of Directors Adopt Resolution Nos. 101-20, 102-20, 103-20 and 104-20, 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 and Facilities Repayment, Authorizing Approval and Execution of the Contract Between the United States and Westlands Water District Providing for Project Water Service and Facilities Repayment, and Authorizing Actions Furtherance Thereof
    5. Public Comment – Any member of the public may address the Board 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 Board President may waive these limitations.
    6. Adjournment
  17. 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. Board to Consider Corrections or Additions to the Agenda of Items, as Authorized by Government Code Section 54950 et seq.
    3. Board to Consider Approval of the Minutes of the Regular Board Meeting of December 17, 2019
    4. Consider Recommendation that the Board of Directors Adopt Resolution Nos. 101-20, 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 and Facilities Repayment, Authorizing Approval and Execution of the Contract Between the United States and Westlands Water District Providing for Project Water Service and Facilities Repayment, and Authorizing Actions Furtherance Thereof
    5. Public Comment – Any member of the public may address the Board 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 Board President may waive these limitations.
    6. Adjournment
  18. 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.
  19. 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 – 2 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 – 3 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-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, Northern District of California, Case No. 3:19-cv-07897 (2019 ROC on LTO BiOps Litigation)
      16. Mound Farms v. California Department of General Services et al., Yolo County Superior Court, Case No. PT19-2766 (Yolo Ranch CEQA Challenge)
  20. Report from Closed Session, if any Required by Government Code Section 54957.1
  21. Board to Consider Election of One of its Members to Serve as Vice President of the Board
  22. Board to Consider Authorizing Amendment to the Term of the General Manager’s Employment Agreement
  23. Adjournment

I, Original Signed by District Secretary, declare that the foregoing agenda for the January 21, 2020 regular meeting of the Westlands Water District Board of Directors was posted on January 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 the District’s website and was available for public inspection.