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EXECUTIVE COMMITTEE MEETING | Agenda EXECUTIVE COMMITTEE MEETING | Agenda MONDAY, MAY 17, 2021 FRIANT WATER AUTHORITY 854 N. HARVARD AVE., LINDSAY, CA 93247 DIRECTORS, STAFF & MANAGERS IN-PERSON/PUBLIC & OTHERS VIA WEBEX 8:30 AM (CLOSED SESSION) 10:30 AM (OPEN SESSION) VIA WEBEX FOR ALL OTHERS: Video system or application Dial: Webex.com, join, [email protected] Phone access dial 1-415-655-0001 Meeting number (access code): 1776 16 3342 Meeting password: 9dGmzxwfC52 (93469993 from phones) In accordance with the Governor’s Executive Order (N-29-20) and continuing social distancing protocols to prevent the spread of the COVID-19 virus, due to space limitations, in-person participation at this meeting will be limited to Directors, FWA staff and staff of Friant Division Contractors. Members of the public may participate remotely as noted above. Email: You may submit comments on a specific agenda item via email to [email protected]. Please send your email at least one hour prior to the start of the meeting. If members of the public have any problems using the WebEx number during the meeting, please contact the FWA office at 559-562-6305. The Friant Water Authority thanks you for your understanding and for doing your part to prevent the spread of COVID-19. At the discretion of the Board of Directors, all items appearing on this agenda, whether or not expressly listed for action may be subject to action by the Board. The order of agenda items is subject to change. CALL TO ORDER/ROLL CALL – (LOEFFLER) APPROVAL OF THE AGENDA – (LOEFFLER) PUBLIC COMMENT ON CLOSED SESSION ITEMS – (DAVIS) ADJOURN TO CLOSED SESSION 1. CLOSED SSESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Friant-Kern Canal Middle Reach Capacity Correction Project Right of Way (Government Code section 54956.8) 1. Property: Tulare County APN: 319-140-025 Agency negotiator: CEO, COO, General Counsel, CEA Negotiating parties: Mamzirp LLC Under negotiation: Price and terms of payment Page 1 of 50 2. Property: Tulare County APN: 319-130-016 and 319-130-017 Agency negotiator: CEO, COO, General Counsel, CEA Negotiating parties: Andrew and Kathleen Zaninovich Family Trust Under negotiation: Price and terms of payment) 3. Property: Tulare County APN: 302-140-011; 319-140-001; 319-140-028 Agency negotiator: CEO, COO, General Counsel, CEA Negotiating parties: FLS Enterprises LLC Under negotiation: Price and terms of payment 4. Property: Tulare County APN: 302-240-013; 302-250-006; 320-030-006 Agency negotiator: CEO, COO, General Counsel, CEA Negotiating parties: Farmland Reserve Inc. Under negotiation: Price and terms of payment) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code section 54956.9(d)(2) Significant Exposure to Litigation: Two potential matters. C. CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION (Government Code section 54956.9(d)(4)) Initiation of Litigation: Three potential cases. RECONVENE INTO OPEN SESSION (10:30 AM) Announce reportable action taken during closed session. PUBLIC COMMENT / PUBLIC PRESENTATIONS – (LOEFFLER) Public comment is welcome at this time on any matter within the jurisdiction of the Board that is not on the agenda. Under the State's open meeting law - the Brown Act - no action may be taken on any item not on the agenda. Public comment on items on the agenda will be allowed at the time the Board considers the item. 2. ACTION ITEMS A. Approval of the Minutes – Executive Committee meeting of April 12, 2021. 3. DISCUSSION/DIRECTION A. FKC Middle Reach Capacity Correction Project Update. (DeFlitch/Davis/Phillips) B. External Affairs Update. (Amaral/Biering/Villines) C. Board Offsite and Agenda (Phillips) D. CEO Report. (Phillips) ADJOURNMENT Page 2 of 50 Public Participation Information Agenda reports and other disclosable public records related to each Open Session agenda item are available on FWA's website under "Calendar" at Friantwater.org and at FWA's main office, 854 N. Harvard Ave., Lindsay, CA 93247, during regular business hours. Under the Americans with Disabilities Act, if you require a disability- related modification or accommodation to participate in this meeting, including auxiliary aides or services, please contact Toni Marie at 559-562-6305 at least 48 hours prior to the meeting. Page 3 of 50 Agenda No. 2.A EXECUTIVE COMMITTEE MEETING | Minutes MONDAY, APRIL 12, 2021 FRIANT WATER AUTHORITY 854 N. HARVARD AVE., LINDSAY, CA 93247 DIRECTORS, STAFF & MANAGERS IN-PERSON/PUBLIC & OTHERS VIA WEBEX 10:00 AM CALL TO ORDER/ROLL CALL – Cliff Loeffler called the meeting to order at 10:00 a.m. Committee members present: Tantau, Camp, Kisling, Loeffler, Erickson, Borges; Staff present: COO DeFlitch, Marie, CEO Phillips, General Counsel Davis, GAC Biering, CEA Amaral, Bezdek, Hunter, Hickernell, Garcia, Swenson, Herrera, CFO Orvis, WRM Buck-Macleod. Others: Tomlinson, Quinley, Ewell, Muhar, Wallace, Fukuda, Geivet, Greci, Larsen, Atkinson, Miller, Wright; Committee Members Absent: Pitigliano APPROVAL OF THE AGENDA – The agenda was approved after a request to move the Board Recommendations to the end. (Erickson/Borges); approved unanimously - Ayes – Tantau, Loeffler, Camp, Kisling, Borges, Erickson; Nays – None; Absent – Pitigliano PUBLIC COMMENT / PUBLIC PRESENTATIONS There was no public comment. 1. ACTION ITEMS A. Approval of the Minutes – Executive Committee meeting of March 15, 2021. B. Approval of the Minutes – Special Executive Committee meeting of March 22, 2021. The Executive Committee meeting minutes of March 15, 2021 and March 22, 2021 were both approved. (Camp/Kisling); approved unanimously - Ayes – Tantau, Loeffler, Camp, Kisling, Borges, Erickson; Nays – None; Absent – Pitigliano 2. DISCUSSION/DIRECTION (45 MINUTES) A. FKC Middle Reach Capacity Correction Project Update i. Schedule - COO DeFlitch and Stantec’s Janet Atkinson went through the Project schedule as outlined in the agenda report. The team continues to work with the County of Tulare and the Bureau to address outstanding issues and enter into an MOU; all appraisals needed for the ROW purchases have now been approved and written offers have been sent to landowners; and Friant received the Clean Water Act Section 401 Water Quality Certification from the Central Valley Regional Water Quality Control Board. B. Water Operations Update – WRM Buck-Macleod gave an update on water operation activities as outlined in the agenda report. Initial CVP Friant allocation is 20% of Class 1 supplies; the first ASO flight occurred during February 26-27 with a second flight scheduled for March 25-April 9; and PID and BCID recaptured 1,870 acre-feet in February. Page 4 of 50 C. External Affairs Update - GAC Biering, Mike Villines and CEA Amaral provided an external affairs update as outlined in the agenda report. It was also reported that the canal capacity restoration group (FWA, SLDMWA, SWC) has been working together to develop informational material for SB 559 for a possible hearing on April 27, 2021; and FWA’s, the “Watering Hole” podcast launched last week with Congressman Devin Nunes as its first guest. D. San Luis Delta-Mendota Water Authority Update – CEO Phillips, and CFO Orvis gave an update on SLDMWA activities as outlined in the agenda report. E. Scheduling of AB 1234 Training – General Counsel Davis reported that it was time to hold an Ethics training class as state law requires it for public officials and designated staff every two years. The Executive Committee agreed with General Counsel General Counsel Davis’ recommendation to hold the training after the May Board meeting. 3. BOARD RECOMMENDATIONS (15 MINUTES) A. Proposed Cost Share and Contributed Funds Agreement with the Bureau of Reclamation for the FKC Middle Reach Capacity Correction Project – General Counsel Davis went through the Agreement; reviewed an optional form of MOU for those contractors requesting one; and discussed the removal of Article V of the Agreement. The Executive Committee then took action to recommend that the Board adopt proposed Resolution 21-04 that authorizes the execution of an MOU with Friant Contractors that request such document, and authorizes the execution of the Agreement, as recently revised by Reclamation, and with the removal of Article V (Rights to Use Capacity – Zone 3). (Tantau/Borges); approved unanimously - Ayes – Tantau, Loeffler, Camp, Kisling, Borges, Erickson; Nays – None; Absent – Pitigliano PUBLIC COMMENT ON CLOSED SESSION ITEMS – There were no public comments made on any closed session items. ADJOURN TO CLOSED SESSION 4. CLOSED SSESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code section 54956.9(d)(1)) 1. NRDC v. Murillo, U.S. District Court, Eastern District of California (Sacramento Division), Case No. 88-cv- 01658-JAM-GGH 2. California Natural Resources Agency v. Ross, U.S. District Court, Eastern District of California (Fresno Division), Case No. 1:20-cv-00426-DAD-SKO 3. Tehama-Colusa Canal Authority, et al., v. California Department of Water Resources, et al. ,, , Sacramento County Superior Court, JCCP No. 5117, Case No. CJC-20-005117 B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code section 54956.9(d)(2) Significant Exposure to Litigation: Two potential matters. Page 5 of 50 C. CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION (Government Code section 54956.9(d)(4)) Initiation of Litigation: Two potential cases. D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code section 54956.8) Property: Friant-Kern Canal facilities and right-of-way Agency negotiator: CEO, COO, General Counsel
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