Motion-Secondary: IN RE: SAN DIEGO COUNTY WATER AUTHORITY

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                                Morgan, Lewis & Bockius LLP
COLIN C. WEST (SBN 184095)
THOMAS 8. HIXSON (SBN 193033)
One Market, Spear Street Tower

San Francisco, California 94105
Telephone: 415.442.2100

Faesimile: 415.442.1001

Quinn Emanuel Urquhart & Sullivan LLP
JOHN B. QUINN (SBN 90378)

ERIC J. EMANUEL (SBN 102187)

865 South Figueroa Street, 10th Floor
Los Angeles, California 90017-2543
Telephone: — 213.443.3000

Facsimile: 213.443.3100

MARCIA SCULLY (SBN 80648)
HEATHER C. BEATTY (SBN 161907)
JOSEPH VANDERHORST (SBN 106441)
JOHN SCHLOTTERBECK (SBN 169263)

The Metropolitan Water District of Southern California

700 North Alameda Street

Los Angeles, California 90012-2944
Telephone: 213.217.6000
Facsimile: 213.217.6980

Attomeys for Respondent and Defendant

Metropolitan Water District of Southern California
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO

SAN DIEGO COUNTY WATER
AUTHORITY,

Petitioner and Plaintiff,
Vv.

METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA; ALL PERSONS
INTERESTED IN THE VALIDITY OF THE
RATES ADOPTED BY THE
METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA ON APRIL 8,
2014 TO BE EFFECTIVE JANUARY 1, 2015
and January 1, 2016; and DOES 1-10,

Respondents and Defendants.

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

12/08/2015
Clerk of the Court

BY:WILLIAM TRUPEK
Deputy Clerk

EXEMPT FROM FILING FEES
[GOVERNMENT CODE § 6103]

Case No. CPF-14-514004

DECLARATION OF METROPOLITAN
WATER DISTRICT OF SOUTHERN
CALIFORNIA BOARD OF DIRECTORS
EXECUTIVE SECRETARY, DAWN CHIN,
IN SUPPORT OF MWD’S OPPOSITION
TO SAN DIEGO’S MOTION FOR
PARTIAL LIFTING OF STAY TO
REQUIRE MET TO LODGE THE
ADMINISTRATIVE RECORD

Date: December 21, 2015

Time: 3:00 p.m.

Dept: 304

Judge: Hon. Curtis E. A. Karnow

Date Filed:
Trial Date:

May 30, 2014
Not Yet Set

DECLARATION OF MWD BOARD EXECUTIVE SECRETARY, DAWN CHIN, IN SUPPORT OF MWD’S
OPPOSITION TO SAN DIEGO’S MOTION FOR PARTIAL LIFTING OF STAYDECLARATION OF DAWN CHIN

1, Dawn Chin, declare as follows:

1. I am the Board of Directors (“Board”) Executive Secretary for the Metropolitan.
Water District of Southern California (“MWD”). I manage the Office of the Board of Directors
(“BOD Office”) and the BOD Office Team. I have been employed as Board Executive Secretary
at MWD for over 20 years and have been employed by MWD a total of 41 years. I have worked
in the BOD Office for the entirety of my 41-year employment with MWD. The BOD Office is a
department within the Office of the General Manager and has a staff of five persons, myself
included. The BOD Office is responsible for coordinating a variety of administrative,
ministerial, and administrative support functions for the Board of Directors and Committees of
the Board, as well as on Board-related matters for MWD staff, member agencies, and the general
public. The BOD Office maintains the contents of the electronic database that contains
documents presented by MWD staff to the Board and Board Committees. This includes Board
and Committee agendas, Board letters, Board and Committee minutes, Board and Committee
presentations, department monthly reports, Board resolutions, Board ordinances, and other
supporting documents. This electronic database is referred to as the “Metropolitan Board
Document Archive” or “Board Archives.” The BOD Office also directs the Board to materials
that have been posted on MWD’s website which are relevant to meetings of the Board or
Committees of the Board. The BOD Office also maintains in hard copy at the BOD Office for
the Board’s review certain voluminous documents, such as environmental materials. The BOD
Office also maintains hard copies of documents submitted to the BOD Office by any person,
which are requested to be made part of the record of the meetings of the Board or Committees of
the Board. I have personal knowledge of these matters, including the contents and maintenance
of the Board Archives and other documents presented to the Board. Except where stated on
information and belief, I make this declaration based on my personal knowledge, and if called

and sworn to testify as a witness, I could and would testify competently thereto.

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DECLARATION OF MWD BOARD EXECUTIVE SECRETARY, DAWN CHIN, IN SUPPORT OF MWD'S
OPPOSITION TO SAN DIEGO’S MOTION FOR PARTIAL LIFTING OF STAY2. MWD maintains a publicly-accessible website at www.mwdh2o0.com, which
contains a page dedicated specifically to the Board of Directors. That page is found at

http://mwdh2o0.com/WhoWeAre/Board/Pages/default.aspx (the “Board Page”). The Board Page

contains an overview of the Board, information regarding Board meetings, Board biographies,
and Board and Committee meetings calendar, as well as links to live streaming of Board and
Committee meetings, archived unedited meeting videos, and the Board Archives. The Board
Archives is accessible from the Board Page through a link at

http://edmsidm.mwdh2o0.com/idmweb/home.asp, which contains documents presented by MWD

staff to the Board and Committees of the Board in connection with their meetings, including
Board and Committee agendas, Board letters, Board and Committee minutes, Board and
Committee presentations, department monthly reports, Board resolutions, Board ordinances, and
other supporting documents dating as far back as 1928 when MWD was established by the
California State Legislature and the founding member agencies of MWD. Any person at any
time may browse folders and documents of the Board Archives online by year and month,
starting in December 1928, or do a search by using key words.

3. The electronic database containing the Board Archives was created in January
2001. MWD’s Records Management Department, with the technical assistance of an outside
vendor, scanned and uploaded to the Board Archives records relating to meetings of the Board
and Committees of the Board dating back to December 1928. Since the creation of the Board
Archives in January 2001, the BOD Office has been and continues to be solely responsible for
uploading materials to the Board Archives.

4. Since January 2001, the BOD Office has regularly uploaded to the Board
Archives documents presented by MWD staff to the Board and Committees of the Board in
connection with their meetings, including Board and Committee agendas, Board letters, Board
and Committee minutes, Board and Committee presentations, department monthly reports, Board
resolutions, Board ordinances, and other supporting documents, and has continued that practice

through today.

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OPPOSITION TO SAN DIEGO’S MOTION FOR PARTIAL LIFTING OF STAYCO ND AH BF WN

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Ss. The BOD Office is the only department with authority to upload or remove any
documents from the Board Archives. The electronic and technical aspects of the Board Archives
are managed by MWD’s Information Technology (“IT”) Department, which is headed by Tom
Miller. MWD’s technical administrator, Ed Chen, is the person in the IT Department with whom
the BOD Office interacts regarding the Board Archives. The BOD Office has access to and does
upload documents to the Board Archives, but only Mr. Chen has access to remove any
documents. I am informed and believe that Mr. Chen may only remove documents at the
direction of the BOD Office and he may not exercise any discretion to upload or remove any
documents from the Board Archives. I am informed and believe that Mr. Chen only removes
duplicate records when they have been uploaded more than once inadvertently.

6. The contents of the Board Archives are never destroyed. The MWD Record
Retention Schedule provides for the Board Archives to be retained indefinitely. That has been
the policy and practice of MWD since the Board Archives were created in 2001. Before then,
the BOD Office maintained in hard copy documents presented by MWD staff to the Board and
Committees of the Board in connection with their meetings. The policy and practice of MWD
since at least 41 years ago has been to retain those documents indefinitely.

7. The addition and uploading of documents to the Board Archives are not
dependent upon the availability or knowledge of one individual employee at MWD. Instead, that
responsibility rests with the BOD Office. Rosalind Atkins is responsible, under my supervision,
for uploading the appropriate records to the Board Archives. Ms. Atkins is also assisted by
Isabel Aldrete, also under my supervision. Additionally, the two other staff members of the
BOD Office are capable of preparing the appropriate records for uploading to the Board
Archives.

8. The BOD Office also directs the Board to materials that have been posted on
MWD?’s website that are relevant to meetings of the Board or Committees of the Board, through
a formal e-mail communication to Board members with a link to the material. This includes

explanatory or supporting information relevant to Board or Committee meetings. For example,

3

OPPOSITION TO SAN DIEGO’S MOTION FOR PARTIAL LIFTING OF STAYthe BOD Office directs the Board to pertinent documents maintained on the Finance
Department’s page on the MWD website, found at the following link:

hittp:/mwdh2o.com/WhoWeAre/Management/Financial-Information/Pages/default.aspx.

9. Metropolitan’s IT Department operates the audio/video equipment at MWD’s
Board and Board Committee meetings and streams that content live. The audio/video files are
archived and made available at MWD’s website on the Board Page.

10. In addition, the BOD Office maintains for the Board’s review certain voluminous
documents in hard copy in the BOD Office, such as environmental documents created under the
California Environmental Quality Act.

11. The BOD Office also maintains files of hard copy documents requested by any
person to be made part of the record of the meetings of the Board or Committees of the Board.
For example, members of the public appear at meetings of the Board and Committees of the
Board, and at times submit materials to the Board and Committees that they request become part
of the record of meetings. Also, MWD’s member agencies submit correspondence and other
materials that they request become part of the record of meetings. San Diego County Water
Authority, a MWD member agency and the plaintiff and petitioner in the above-captioned
actions, has sent letters and other materials to MWD since 2000 that it requests be added to the
record of Board and Committee meetings.

12. The BOD Office has maintained all such hard copy documents added to the
record by a party other than MWD, and voluminous documents, relating to Board and
Committee meetings since 1928. The policy and practice of MWD since at least 41 years ago has
been to retain those documents indefinitely. They are never destroyed. The BOD Office keeps
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DECLARATION OF MWD BOARD EXECUTIVE SECRETARY, DAWN CHIN, IN SUPPORT OF MWD’S
OPPOSITION TO SAN DIEGO’S MOTION FOR PARTIAL LIFTING OF STAYhard copies of documents at MWD Headquarters for up to approximately three years and
thereafter maintains the documents in offsite storage.

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

Executed on December 8, 2015, at Los Angeles, California.

Dawn Chin

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DECLARATION OF MWD BOARD EXECUTIVE SECRETARY, DAWN CHIN, IN SUPPORT OF MWD’S
OPPOSITION TO SAN DIEGO’S MOTION FOR PARTIAL LIFTING OF STAY