Notice
Notice is hereby given that a regular meeting of the Board of Directors of Westlands Water District will be held on August 20, 2024, at 9:00 a.m. at the District’s Fresno Office, 286 W. Cromwell Avenue, Fresno, California 93711.
Any member of the public may participate in the meeting through Zoom Join the meeting from a computer, tablet or smartphone:
Meeting ID: 897 9244 4104
Passcode: 3130
Dial-In Number:
(669) 444-9171
Use the meeting ID and passcode from above After you join, please mute your line.
If you have problems using the Zoom 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.
Meeting Agenda
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 President may waive these limitations. Reminder that this meeting is being recorded.
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.
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.
3. Board of Directors to Consider:
a. Approving the Minutes of the Regular Board Meeting of July 16, 2024 and Special Board Meeting of August 5, 2024
b. Approving the Accounts Payable Reports (Farmer)
c. Approving 2024-2025 Budget Transfer and Augmentation for Dues, Subscriptions and Publications, and Contingency Reserve (Farmer)
Report and Additional Action Item
4. General Manager’s Report (Febbo)
a. 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 (Freeman/Boardman)
b. Federal & State Legislative Affairs (Febbo/Payne)
c. Public Outreach, External Affairs, and Consultant Review (Febbo/Jonasson)
d. Operations & Maintenance Report (Vandergon)
e. Valley Clean Infrastructure Plan Update (Febbo/Gutierrez)
5. Outside Agency Activities (Board) – Reports on activities of outside agencies (Family Farm Alliance [Bourdeau], San Luis & Delta Mendota Water Authority [Freeman], Association of California Water Agencies [Franson], State and Federal Contractors Water Agency [Gutierrez], Central Valley Project Water Association [Farmer], etc.) will be presented.
6. Finance & Administration Committee (Bourdeau) – The Committee Chair will report and the Board may act upon the following items within the Committee’s jurisdiction.
a. Consider Investment and Financial Reports (Farmer)
b. Consider Designation of Fiscal Year 2023-2024 Unrestricted Net Position to the Rate Stabilization Reserve (Farmer)
c. Consider Approving Revised Salary Schedule Effective March 1, 2024
d. Consider Allocating Cushion Water and System Gain Water with Unsubscribed Supplemental Water (Freeman)
7. Sustainable Groundwater Management Act (Campbell) – Serving as the Groundwater Sustainability Agency of the Westside Subbasin:
a. 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
b. Consider Adopting a Policy for Allocating District Groundwater Recharge Credits
c. Receive an Update and Provide Input on the Proposed Process to form a Steering Committee and Outreach Advisory Committee to Support the Westside Subbasin Multibenefit Land Repurposing Program
d. Receive an Update on Potential Alternatives for Allocating Groundwater in Westlands Water District
8. Board of Directors to Receive Update on Strategic Plan (Febbo)
9. Board of Directors Consider (a) Finding Exempt from the California Environmental Quality Act the Submission of a Signed Declaration to be a Potential Recipient from a Charitable Trust Distribution of the W½ of Section 9, T.36N., R.3W., M.D.B.&M., (Tuna Creek Property), and (b) Authorizing the General Manager or Designee to Sign a Certificate of Acceptance for the Tuna Creek Property, if so awarded and (c) Authorizing Related Actions (Freeman)
10. Board of Directors to Receive Update on 2024 District General Election Process (Febbo/Farmer/Brownstein)
11. Board of Directors to Receive Update on Fresno County Grand Jury Investigation and Consider Approving Response Letter to the Grand Jury Report No. 5 “Fresno County Special District Website Transparency: Seeing Your Dollars at Work” (Gutierrez)
12. Board of Directors to Receive Update on BF Sisk Dam Raise and Reservoir Expansion Project (Febbo/Freeman)
13. 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.
14. Closed Session – The Board will meet with Legal Counsel in closed session pursuant to the Government Code sections noted to discuss the following:
a. Public Employee Performance Evaluation (Pursuant to Cal. Gov. Code section 54957(b)(1))
Title: General Manager
b. Conference with Real Property Negotiators (Pursuant to Cal. Gov. Code section 54956.8)
1) Property: BF Sisk Dam and water supply pursuant to agreement re BF Sisk Dam Raise & Reservoir Expansion Project
Agency Negotiator: General Manager or designee
Negotiating Parties: U.S. Bureau of Reclamation
Under Negotiation: Price and terms of payment
2) Property: Water supply available to the District pursuant to terms of State Water Resources Control Board Order No. WW0077
Agency Negotiator: General Manager or designee
Negotiating Parties: Del Puerto Water District
Under Negotiation: Price and terms of payment
3) Property: Water Supply and rights to store water in banking facilities
Agency Negotiator: General Manager or designee
Negotiating Parties: Silvertip
Under Negotiation: Price and terms of payment
4) Property: Water Supply
Agency Negotiator: General Manager or designee
Negotiating Parties: Valley Water
Under Negotiation: Price and terms of payment
5) Property: Water Supply
Agency Negotiator: General Manager or designee
Negotiating Parties: Metropolitan Water District of Southern California
Under Negotiation: Price and terms of payment
6) Property: Water Supply
Agency Negotiator: General Manager or designee
Negotiating Parties: Advantageous Systems
Under Negotiation: Price and terms of payment
7) Property: Approximately 685 acres consisting of APNs: 012-160-24ST, 012-160-25ST, 012-190-09T, 012-190-25ST and 012-190-26ST
Agency Negotiator: General Manager or designee
Negotiating Parties: City of Mendota
Under Negotiation: Price and terms of payment
c. Conference with Legal Counsel – Anticipated Litigation
Significant exposure to litigation (Pursuant to Cal. Gov. Code section 54956.9(d)(2)) and/or initiation of litigation (Pursuant to Cal. Gov. Code section 54956.9(d)(4)) – 5 potential cases
d. 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-JLT- SKO, 1:91-cv-048-LJO/DLB
2) Westlands Water District v. United States, United States Court of Appeal for the Federal Circuit, Case No. 13-5069
3) 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”)
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-JLT-SKO (“Challenge to Interim Renewal Contracts & Repayment Contracts”)
5) 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”)
6) 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”)
7) 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”)
8) 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”)
9) State Water Board Cases, Sacramento County Superior Court Case No. JCCP 5013 (“WQCP Phase 1 Litigation”)
10) 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”)
11) 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”)
12) (A) Acting as the governing board of Westlands Water District Distribution District No. 1: Westlands Water District Distribution District 1 v. All Persons Interested in the Matter of the Contract Between the United States and Westlands Water District Distribution District No. 1 Providing Project Water Service and Facilities Repayment, Fresno County Superior Court, Case No. 20CECG01011 Filed: 3/18/20 and appealed in the Court of Appeal, Fifth Appellate District No. F084294 (“DD1 Validation Action”)
(B) Acting as the governing board of Westlands Water District Distribution District No. 2: Westlands Water District Distribution District 2 v. All Persons Interested in the Matter of the Contract Between the United States and Westlands Water District Distribution District No. 2 Providing Project Water Service and Facilities Repayment, Fresno County Superior Court, Case No. 20CECG01012 Filed: 3/18/20 and appealed in the Court of Appeal, Fifth Appellate District No. F084291 (“DD2 Validation Action”)
13) 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”)
14) 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”)
15) Pacific Gas and Electric Company, Federal Energy Regulatory Commission, Docket Nos. ER20-2878-000 et al. (“PG&E Wholesale Distribution Tariff Proceedings”)
16) 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”)
17) 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”)
18) Westlands Water District v. Edward M. Coelho, et al., Fresno County Superior Court, Case No. 24CECG02786 (“2024 Westlands Regulation Enforcement”)
19) State Water Resources Control Board, Administrative Hearings Office, Proceeding re Petitions for Change of Water Rights Permits 16478, 16479, 16481, and 16482 (Applications 5630, 14443, 14445A, and 17512, respectively) of the Department of Water Resources (“Delta Conveyance Project Proceeding”)
15. Report from Closed Session, if any, Required by Government Code Section 54957.1
16. 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 286 W. Cromwell Avenue, Fresno, California, 93711 by telephone (559-224-1523), facsimile (559-241-6277), or written correspondence addressed to Westlands Water District, P.O. Box 5199, Fresno, California 93711. 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 286 W. Cromwell Avenue, Fresno, California, 93711.
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.
