NDWA Board of Directors Meeting
Wednesday, December 13, 2023
2:00 p.m.
Meeting held in-person at
3050 Beacon Blvd., West Sacramento, CA – Suite #203
Notice of Teleconference Locations: One or more Directors will participate in this meeting via remote teleconference at the following locations:
14151 Market St. Walnut Grove, CA 95690
1143 Crane St., Suite 200, Menlo Park, CA 94025
These remote locations are accessible to the public and the public will be given an opportunity to address the Board during all open session items at all locations.
The public and staff may attend the meeting remotely and offer public comments by Zoom or by telephone, using the call-in information provided below.
Join Zoom Meeting:
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Meeting ID: 816 6427 2127
Passcode: 914071
Dial In Only:
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Meeting ID: 816 6427 2127
Passcode: 914071
AGENDA
*** Note: Action may be taken on any item listed on this agenda ***
1. Call to Order
Steve Mello, Chair
2. Closed Session
A. CONFERENCE WITH LEGAL COUNSEL: EXISTING LITIGATION (Three Items)
The Board will meet in Closed Session with legal counsel to discuss the following three items
i. Existing litigation regarding Coordinated Operations Agreement Amendments (North Coast River Alliance et al. v. Department of Water Resources et al.: Sacramento County Superior Court Case No. 34-2019-8003057) pursuant to paragraph (1) of subdivision (d) of Government Code section 54956.9 (One Item);
ii. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 (Two Items).
3. Closed Session Report (Estimated Start Time 3:00 pm)
Steve Mello, Chairman
- Provide a summary of any reportable action taken by the Board in Closed Session.
4. Approval of Minutes
Steve Mello, Chairman
- ACTION: Approve October 4, 2023 Board Meeting Minutes.
- ACTION: Approve November 21, 2023 Emergency Board Meeting Minutes.
11 21 23 NDWA Emergency BOD meeting Minutes.pdf
5. Managers Report
- Report on meetings, presentations, and correspondence:
- Meeting with State Water Resources Control Board staff regarding Draft Staff Report in support of Sacramento/Delta Updates to Bay-Delta Plan.
- Meetings on Art. 4 Claims Procedure and Dispute Resolution Process.
- Meeting with State Water Resources Control Board staff regarding Draft Staff Report in support of Sacramento/Delta Updates to Bay-Delta Plan.
6. Special Claims Procedure
- Selection of an Arbitrator to serve in accordance with 1981 Contract Art. 4 Special Claims Procedure Dispute Resolution Process.
7. Directors Election Process
- Update on Reappointment of Directors Division 2 & 4 by Sacramento and Yolo County Board of Supervisors and Oath of Office.
8. Financial Report
- Review Financial Statements.
- Update on annual County parcel changes and discussions with DWR to reconcile the acreage owned by DWR within NDWA.
9. Engineer Report
Anne Williams, MBK Engineers
10. Legal Report
Kevin O’Brien, Downey Brand
- Bay- Delta Quality Control Plan Update:
- Presentation describing potential impacts to Delta water users
- Presentation of scope of work and estimated of costs for legal and engineering consultants.
- Update on Development of NDWA comment letter.
- Presentation describing potential impacts to Delta water users
- Review memorandum summarizing water right changes in SB 389. - memo to Board re SB 389.pdf
11. Succession Planning
- Discussion and Action on process to replace Manager.
12. Delta Activities Report
- Delta Protection Commission (DPC) - Updates on National Heritage Area, DPAC, and other activities.
- SWRCB/Delta Watermaster - Update on water rights, water use reporting, and other activities
- Delta Habitat Project Update.
- Delta Conveyance Project Update.
- Delta Conservancy Update.
- Delta Stewardship Council (DSC) Update.
- CVP/SWP Update.
13. Announcements
- Jan. 18th - Delta Protection Commission Mtg., 5 p.m.
- Jan. 26th - DSC Mtg., 9:00 a.m.
- Feb. 7th - NDWA Board Mtg., 3050 Beacon Blvd., Ste 203, W. Sacramento, 9:30 am
14. Public Comment
15. Adjournment
December 13, 2023
NDWA Board Meeting Agenda (AMENDED)
NORTH DELTA WATER AGENCY