Westlands Water District

Fresno, CA

NOTICE OF ADJOURNED HEARING AND ADJOURNED REGULAR MEETING AND AGENDA

Notice

Notice is hereby given that an adjourned hearing and adjourned regular meeting of the Board of Directors of Westlands Water District will be held on February 26, 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, for open session items, 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.

HEARING

  1. Hearing on Proposed Water Rates, Charges and Land-Based Charges (Ormonde) -The Board will hear comments and consider Resolution No. 105-20, adopting water rates, charges and land-based charges, to be effective March 1, 2020.

AGENDA

  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.
  3. Board of Directors to Consider Approval of the Minutes of the Regular Board Meeting of January 21, 2020 and Special Board Meeting of February 4, 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 (Neves) – The Committee Chair will report and the Board will act upon recommendations of the Committee, if any, regarding the following items:
    1. Consider Resolution No. 106-20, Authorizing Execution of Warren Act Contracts and Exchange Agreements with the United States Bureau of Reclamation for Conveyance and Storage of Non-Project Water in Federally Owned Facilities, 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. Consider Resolution No. 107-20, Objecting to the Sale of Fresno County Tax-Defaulted Properties
    2. Consider Resolution No. 108-20, Objecting to the Sale of Kings County Tax-Defaulted Properties
    3. Consider Resolution No. 109-20, Approving Change of Represented, Non-Represented and Management Employee Retirement Contribution Rate to California Public Employees’ Retirement System for Employees Hired on or Before December 31, 2012
    4. Consider Recommendation that the Board of Directors Approve the 2020-2021 Recommended Budget, Water Rates and Charges, Estimate of Obligations and Revenues, and Salary Schedule
    5. Consider Recommendation that the Board of Directors Approve Budget Transfers and Augmentations
    6. Consider Recommendation that the Board of Directors Approve Accounts Payable Reports
    7. Receive Report on Investments and Financial Reports
  12. Board of Directors to Consider Appeal of Finance & Administration Committee Decision Regarding Waiver of Rules and Regulations, Terms and Conditions or Other District Financial Provisions by VF&B Farms Inc.
  13. Board of Directors to Receive Update on Disclosure Responsibilities Under the Federal Securities Laws – Doug Brown, Stradling, Yocca, Carlson & Rauth
  14. 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.
  15. Closed Session – The Board will meet in closed session pursuant to the Government Code sections noted to discuss the following:
    1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
      (Pursuant to Cal. Gov. Code section 54956.8)
      1. Property: Approximately 0.01 acres, described as the following:
        1. A 0.01 acre easement in the NW ¼ of Section 35 in T.13S., R.14E., M.D.B.&M.
          Agency Negotiator: General Manager or designee
          Negotiating Parties: Pacific Gas and Electric
          Under Negotiation: Price and terms of payment
      2. Property: Approximately 0.2 acres, described as the following:
        1. A 0.2 acre easement along the south section line of the SE ¼ of Section 2 in T.17S., R.14E., M.D.B.&M.
          Agency Negotiator: General Manager or designee
          Negotiating Parties: Pacific Gas and Electric
          Under Negotiation: Price and terms of payment
      3. Property: Approximately 72.8 acres, described as the following:
        1. The west 300’ of Section 34 T.20S., R.19E., M.D.B.&M; and
        2. The south 300’ of Section 33 T.20S., R.19E., M.D.B.&M.
          Agency Negotiator: General Manager or designee
          Negotiating Parties: Westlands Solar Park, LLC.
          Under Negotiation: Price and terms of payment
    2. 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
    3. 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
    4. 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)
  16. Report from Closed Session, if any Required by Government Code Section 54957.1

    OPEN SESSION ON ITEMS 15 WILL OCCUR NO EARLIER THAN 2:15 P.M.
  17. Easements
    1. Board of Directors to Consider Authorizing a Grant to Pacific Gas and Electric for a 0.01 Acre Easement in the NW ¼ of Section 35 in T.13S., R.14E., M.D.B.&M.
    2. Board of Directors to Consider Authorizing a Grant to Pacific Gas and Electric for a 0.2 Acre Easement in the SE ¼ of Section 2 in T.17S., R.14E., M.D.B.&M.
    3. Board of Directors to Consider Authorizing an Execution of an Option Agreement for Acquisition of a Transmission Interconnection Easement in Sections 33 and 34 T.20S., R.19E., M.D.B.&M.
  18. Adjournment

I, Original Signed by District Secretary, declare that the foregoing agenda for the February 26, 2020 regular meeting of the Westlands Water District Board of Directors was posted on February 20, 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.

Written materials related to an item on this agenda to be considered in open session that are public records and that are distributed less than 24 hours prior to the meeting will be made available for public inspection, (1) when distributed if said materials were prepared by the District or a member of the Board of Directors or (2) after the meeting if said materials were prepared by others, at the District’s Fresno office, 3130 N. Fresno St., Fresno, California during normal business hours.

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 participate 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 and for agendas and agenda packets shall be made in person, by telephone, facsimile, or written correspondence.