LEGAL AFFAIRS COMMITTEE - Westlands Water District

Notice

Notice is hereby given that a regular meeting of the Legal Affairs Committee of Westlands Water District will be held on May 19, 2020 at 9:00 a.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.

Join the meeting from a computer, tablet or smartphone:

Join the Meeting: BlueJeans.com

Want to dial in from a phone?

Dial one of the following numbers:
+1.888.748.9073 (United States(Primary))
+1.844.540.8065 (United States(Primary))
+1.408.419.1715 (United States(San Jose))
+1.408.915.6290 (United States(San Jose))

Enter the meeting ID followed by #

Meeting ID
929 746 592

Connecting from a room system?
Dial: bjn.vc or 199.48.152.152 and enter your meeting ID

BlueJeans will be opened 15 minutes prior to the start of the meeting
For information on how to use BlueJeans.com, go to: Support.BlueJeans.com

ONCE YOU JOIN, PLEASE MUTE YOUR LINE.

At the beginning of the meeting, the Chair of the Committee will provide instructions on how members of the public will be able to participate in the meeting. If you have problems using the BlueJeans.com prior to the start of the meeting, 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.

Committee Members

Frank Coelho, Jr., Chairman
Larry Enos
Stan Nunn
Dan Errotabere

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
Committee to Consider Corrections or Additions to the Agenda of Items, as authorized by Government Code Section 54950 et seq.
Consider Approval of the Minutes of the Regular Committee Meetings of January 8, 2020 and February 26, 2020
Committee to Receive Report on Legal Activities and Expenses
Public Comment – Any member of the public may address the Committee concerning any matter not on the agenda within the Committee’s jurisdiction. Public comment is limited to three minutes per person and no more than fifteen minutes per topic. For good cause, the Committee Chairman 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 – 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, Eastern District of California, Case No. 1:20-CV-00431-DAD-SAB (2019 ROC on LTO NGO Litigation)
  16. 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-SKO (2020 ROC on LTO AG Litigation)
  17. Mound Farms v. California Department of General Services et al., Yolo County Superior Court, Case No. PT19-2766 (Yolo Ranch CEQA Challenge)
  18. James Irrigation District v. Westlands Water District, Fresno Superior Court, Case No. 20CECG00688 (Challenge to MPG 20-Year Exchange Program)
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: General Counsel
Report from Closed Session, if any, Required by Government Code Section 54957.1
Committee May Consider Recommendation to Board of Directors for Adjustment to Executive Compensation for General Counsel
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 May 19, 2020 meeting of the Legal Affairs Committee of Westlands Water District was posted on May 15, 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.”