Preview
[Exempt From Filing Fee
Government Code § 6103]
1 DOWNEY BRAND LLP
DAVID R.E. ALADJEM (Bar No. 152203)
2 daladjem@downeybrand.com
BRIAN E. HAMILTON (Bar No. 295994)
3 bhamilton@downeybrand.com
621 Capitol Mall, 18 th Floor
4 Sacramento, California 95814
Telephone: 916.444.1000
5 Facsimile: 916.444.2100
RECEIVED
6 Attorneys for Petitioner and Plaintiff SAN 10/6/2020 11:52 AM
BERNARDIN O VALLEY MUNICIPAL FRESNO COUNTY SUPERIOR COURT
7 WATER DISTRICT By: S. Garcia, Deputy
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF FRESNO
10
11 SAN BERNARDIN O VALLEY MUNICIPAL Case No. 20CECG0155 6
WATER DISTRICT,
12 STIPULATION AND [PROPOSED]
Petitioner and Plaintiff, ORDER RE ADMINISTR ATIVE
13 RECORD
V.
14 Assigned for all Purposes to the Honorable
CALIFORNIA DEPARTMEN T OF WATER Jeffrey Hamilton, Dept. 54
15 RESOURCES ; a California State Agency;
CALIFORNIA DEPARTMEN T OF FISH
16 AND WILDLIFE SERVICE, a California
State Agency,
17
Respondents/Defendants/Real
18 Parties in Interest
19 DOES 1-50,
20 Real Parties in Interest
21
22 WHEREAS, Petitioner/Plaintiff San Bernardino Valley Municipal Water District
23 ("Petitioner") commenced the above-captioned action by filing a Petition for Writ of Mandate
24 ("Petition") against Respondents/Defendants the Department of Water Resources and the
25 California Department of Fish and Wildlife (collectively, "Respondents/Defendants")
26 (collectively, the "Parties"); and
27 WHEREAS, Petitioner alleges various claims in its Petition, including but not limited to
28 claims that Respondents violated the California Environmental Quality Act ("CEQA") and the
STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD
1 California Endangered Species Act ("CESA"); and
2 WHEREAS, Petitioner filed and served an Election to Prepare the Administrative Record
3 pursuant to Public Resources Code section 21167.6, subdivision (b)(2); and
4 WHEREAS, this case will involve preparation of administrative records for CDFW's and
5 DWR's actions challenged under CEQA and CESA; and
6 WHEREAS, seven other related cases have been filed by twenty-nine petitioners in four
7 different superior courts, including three other cases in Fresno County Superior Court, two in San
8 Francisco County Superior Court, one in Alameda County Superior Court, and one in Sacramento
9 County Superior Court; and
WHEREAS, pursuant to California Code of Civil Procedure section 404, et seq. and
11 California Rules of Court, rule 3.501 et seq., on June 15, 2020, Tehama-Colusa Canal Authority,
12 et al., petitioners in Tehama-Colusa Canal Authority, et al. v. California Department of Water
13 Resources, et al. (Fresno County Superior Court, Case No. 20CECG01303), submitted a Petition
14 for Coordination with the Judicial Council seeking to coordinate the eight related cases, and the
15 following.day, DWR, which is a party in each of the eight related cases, also submitted a Petition
16 for Coordination with the Judicial Council; and
17 WHEREAS, no party has indicated opposition to coordination to date, and Petitioner and
18 Respondents anticipate that the cases will be coordinated, and that the judge assigned to the
19 coordinated actions will resolve any issues arising from multiple elections to prepare the CEQA
20 administrative records for the same public agency decisions; and
21 WHEREAS, the coordination motion is scheduled for hearing on October 7, 2020 before
22 Judge Anne-Christine Massullo of the Superior Court for the County of San Francisco;
23 WHEREAS, there is thus uncertainty as to the timeline by which, or whether, Petitioner
24 must provide a detailed document index to all parties pursuant to Fresno Local Rule 2.11.3 .B; and
25 WHEREAS, Public Resources Code section 21167.6, subdivision (c) provides that the
26 public agency shall prepare the record within sixty (60) days of a request to prepare the record
27 being served upon it; in this case, Petitioner elected to prepare the administrative record, and
28 service of that election was effectuated on DWR and CDFW on June 24, 2020, and therefore the
2
STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD
1 Parties calculate the record's completion date from that date; and
2 WHEREAS, DWR and CDFW are working expeditiously to assemble the documents that
3 will comprise their respective administrative records; however Petitioner and Respondents also
4 anticipate that the size of the CEQA administrative record(s) in this action make compliance with
5 the time limits set forth in Public Resources Code section 21167 .6 and, if applicable, Fresno Local
6 Rule 2.11.3, infeasible; and
7 WHEREAS, Public Resources Code section 21167.6, subdivision (c) states that the time
8 limits set forth therein "may be extended only upon the stipulation of all parties who have been
9 properly served in the action or proceeding or upon order of the court;" and
10 WHEREAS, Public Resources Code section 21167.6, subdivision (c) further states that
11 "[ e ]xtensions shall be liberally granted by the court when the size of the record of proceedings
12 renders infeasible compliance with that time limit;" and
13 WHEREAS, for the reasons identified above, Petitioner and Respondents now agree that
14 additional time is needed to complete the preparation and certification of the administrative
15 record(s); and
16 IT IS THEREFORE STIPULATED by and among Petitioner and Respondents that:
17 1. The deadline by which the administrative record(s) in this action must be certified
18 shall be extended to December 7, 2020.
19 2. To the extent it applies, the obligation under Fresno Local Rule 2.11.3.B to prepare
20 and serve on all parties a detailed document index listing the documents proposed by Petitioner to
21 constitute the record of proceedings shall similarly be extended to December 7, 2020.
22 3. This stipulation may be executed in counterpart originals and/or by facsimile or
23 electronic signature, each of which shall be deemed to be an original, and all of which shall
24 constitute one and the same document.
25 IT IS SO STIPULATED.
26 [Signatures on Following Page]
27
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3
STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD
1 DATED: October 5, 2020 DOWNEY BRAND LLP
2
3
By:
4 DAVID R.E. ALADJEM
Attorneys for Petitioner and Plaintiff SAN
5 BERNARDIN O VALLEY MUNICIPAL WATER
DISTRICT
6
7 DATED: October _, 2020 XAVIER BECERRA
Attorney General of California
8 RANDY L. BARROW
Supervising Deputy Attorney General
9
Digitally signed by Carolyn
Rowan
10 CarO Iyn RQWan Date: 2020.10.0517:48:35
-07'00'
11 By:
CAROLYN NELSON ROWAN
12 Deputy Attorney General
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~ Attorneys for Respondent/Defendant
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13 CALIFORNIA DEPARTMEN T OF FISH AND
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15 DATED: October _, 2020 XAVIER BECERRA
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~ Attorney General of California
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16 ERICM.KAT Z
Supervising Deputy Attorney General
A 17
18 • . k" Digitally signed by William
By:
WI 11 lam Jen lnS Jenkins
Date: 2020.10.05
15:48:08 -07'00'
19
WILLIAM JENKINS
20 Deputy Attorney General
Attorneys for Respondent/Defendant
21 DEPARTMEN T OF WATER RESOURCES
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4
STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD
1 [PROPOSED]ORDER
2 1. Pursuant to Public Resources Code section 21167.6, the deadline by which the
3 administrative record in this action must be certified shall be extended to December 7, 2020.
4 2. To the extent it applies, the obligation under Fresno Local Rule 2.11.3.B to prepare and
5 serve on all parties a detailed document index listing the documents proposed by Petitioner to
6 constitute the record of proceedings shall similarly be extended to December 7, 2020.
7
8 DATED: October _,2020
9
10
The Honorable Jeffrey Hamilton
11 Judge of the Superior Court
12
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STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD
1 PROOF OF SERVICE
2 San Bernardino Valley Municipal Water District v. Department of Water Resources, et al.
Case No. 20CECG01556
3
STATE OF CALIFORNIA, COUNTY OF SACRAMENTO
4
At the time of service, I was over 18 years of age and not a party to this action. I am
5 employed in the County of Sacramento, State of California. My business address is 621 Capitol
Mall, 18th Floor, Sacramento, CA 95814.
6
On October 6, 2020, I served true copies of the following document(s) described as
7 STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD on the
interested parties in this action as follows:
8
SEE ATTACHED SERVICE LIST
9
BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the
10 persons at the addresses listed in the Service List and placed the envelope for collection and
mailing, following our ordinary business practices. I am readily familiar with the practice of
11 Downey Brand LLP for collecting and processing correspondence for mailing. On the same day
that correspondence is placed for collection and mailing, it is deposited in the ordinary course of
p..
12 business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I
~ am a resident or employed in the county where the mailing occurred. The envelope was placed in
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13 the mail at Sacramento, California.
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14 BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the
i:o document(s) to be sent from e-mail address jhughey@downeybrand.com to the persons at thee-
>-< 15 mail addresses listed in the Service List. I did not receive, within a reasonable time after the
~ transmission, any electronic message or other indication that the transmission was unsuccessful.
z 16
~
0 I declare under penalty of perjury under the laws of the State of California that the
c.i 17 foregoing is true and correct.
18 Executed on October 6, 2020, at Sacramento, California.
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1 SERVICE LIST
San Bernardino Valley Municipal Water District v. Department of Water Resources, et al.
2 Case No. 20CECG01556
3 Eric M. Katz Carolyn Nelson Rowan
Caitlan McLoon Allison Goldsmith
4 Corey Moffat OFFICE OF THE ATTORNEY GENERAL
Gwynne Hunter 1300 I Street, Suite 125
5 Stephen Sunseri Sacramento, CA 95814
William Jenkins Carolyn.Rowan@doj.ca.gov
6 OFFICE OF THE A TIORNEY GENERAL Allison.Goldsmith(ii do j.ca. gov
455 Golden Gate A venue
7 San Francisco, CA 94102 Attorneys for Defendant and Respondent
Eric.Katz(tL1do j.ca. gov California Department ofFish and Wildlife
8 caitlan.mcloon(a doj.ca.gov
corey.moffat(a)do j.ca.gov
9 gwynne.hunter@doi.ca.gov
stephen.sunseri@doj.ca. gov
10 William ..Tenkins(aidoj.ca.gov
11 Attorneys for Defendant and Respondent
California Department of Water Resources
p..
12
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...:I 13 James G. Moose
0 Christopher L.
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14 REMY MOOSE MANLEY, LLP
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555 Capitol Mall, Suite 800
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jmoose(fV,rmmenvirolaw .com
z 16 cstiles(a;.rmmenvirolaw .com
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A 17 Attorneys for Defendant and Respondent
California Devartment of Water Resources
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Preview
[Exempt From Filing Fee Government Code § 6103] 1 DOWNEY BRAND LLP DAVID R.E. ALADJEM (Bar No. 152203) 2 daladjem@downeybrand.com BRIAN E. HAMILTON (Bar No. 295994) 3 bhamilton@downeybrand.com 621 Capitol Mall, 18 th Floor 4 Sacramento, California 95814 Telephone: 916.444.1000 5 Facsimile: 916.444.2100 RECEIVED 6 Attorneys for Petitioner and Plaintiff SAN 10/6/2020 11:52 AM BERNARDIN O VALLEY MUNICIPAL FRESNO COUNTY SUPERIOR COURT 7 WATER DISTRICT By: S. Garcia, Deputy 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF FRESNO 10 11 SAN BERNARDIN O VALLEY MUNICIPAL Case No. 20CECG0155 6 WATER DISTRICT, 12 STIPULATION AND [PROPOSED] Petitioner and Plaintiff, ORDER RE ADMINISTR ATIVE 13 RECORD V. 14 Assigned for all Purposes to the Honorable CALIFORNIA DEPARTMEN T OF WATER Jeffrey Hamilton, Dept. 54 15 RESOURCES ; a California State Agency; CALIFORNIA DEPARTMEN T OF FISH 16 AND WILDLIFE SERVICE, a California State Agency, 17 Respondents/Defendants/Real 18 Parties in Interest 19 DOES 1-50, 20 Real Parties in Interest 21 22 WHEREAS, Petitioner/Plaintiff San Bernardino Valley Municipal Water District 23 ("Petitioner") commenced the above-captioned action by filing a Petition for Writ of Mandate 24 ("Petition") against Respondents/Defendants the Department of Water Resources and the 25 California Department of Fish and Wildlife (collectively, "Respondents/Defendants") 26 (collectively, the "Parties"); and 27 WHEREAS, Petitioner alleges various claims in its Petition, including but not limited to 28 claims that Respondents violated the California Environmental Quality Act ("CEQA") and the STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD 1 California Endangered Species Act ("CESA"); and 2 WHEREAS, Petitioner filed and served an Election to Prepare the Administrative Record 3 pursuant to Public Resources Code section 21167.6, subdivision (b)(2); and 4 WHEREAS, this case will involve preparation of administrative records for CDFW's and 5 DWR's actions challenged under CEQA and CESA; and 6 WHEREAS, seven other related cases have been filed by twenty-nine petitioners in four 7 different superior courts, including three other cases in Fresno County Superior Court, two in San 8 Francisco County Superior Court, one in Alameda County Superior Court, and one in Sacramento 9 County Superior Court; and WHEREAS, pursuant to California Code of Civil Procedure section 404, et seq. and 11 California Rules of Court, rule 3.501 et seq., on June 15, 2020, Tehama-Colusa Canal Authority, 12 et al., petitioners in Tehama-Colusa Canal Authority, et al. v. California Department of Water 13 Resources, et al. (Fresno County Superior Court, Case No. 20CECG01303), submitted a Petition 14 for Coordination with the Judicial Council seeking to coordinate the eight related cases, and the 15 following.day, DWR, which is a party in each of the eight related cases, also submitted a Petition 16 for Coordination with the Judicial Council; and 17 WHEREAS, no party has indicated opposition to coordination to date, and Petitioner and 18 Respondents anticipate that the cases will be coordinated, and that the judge assigned to the 19 coordinated actions will resolve any issues arising from multiple elections to prepare the CEQA 20 administrative records for the same public agency decisions; and 21 WHEREAS, the coordination motion is scheduled for hearing on October 7, 2020 before 22 Judge Anne-Christine Massullo of the Superior Court for the County of San Francisco; 23 WHEREAS, there is thus uncertainty as to the timeline by which, or whether, Petitioner 24 must provide a detailed document index to all parties pursuant to Fresno Local Rule 2.11.3 .B; and 25 WHEREAS, Public Resources Code section 21167.6, subdivision (c) provides that the 26 public agency shall prepare the record within sixty (60) days of a request to prepare the record 27 being served upon it; in this case, Petitioner elected to prepare the administrative record, and 28 service of that election was effectuated on DWR and CDFW on June 24, 2020, and therefore the 2 STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD 1 Parties calculate the record's completion date from that date; and 2 WHEREAS, DWR and CDFW are working expeditiously to assemble the documents that 3 will comprise their respective administrative records; however Petitioner and Respondents also 4 anticipate that the size of the CEQA administrative record(s) in this action make compliance with 5 the time limits set forth in Public Resources Code section 21167 .6 and, if applicable, Fresno Local 6 Rule 2.11.3, infeasible; and 7 WHEREAS, Public Resources Code section 21167.6, subdivision (c) states that the time 8 limits set forth therein "may be extended only upon the stipulation of all parties who have been 9 properly served in the action or proceeding or upon order of the court;" and 10 WHEREAS, Public Resources Code section 21167.6, subdivision (c) further states that 11 "[ e ]xtensions shall be liberally granted by the court when the size of the record of proceedings 12 renders infeasible compliance with that time limit;" and 13 WHEREAS, for the reasons identified above, Petitioner and Respondents now agree that 14 additional time is needed to complete the preparation and certification of the administrative 15 record(s); and 16 IT IS THEREFORE STIPULATED by and among Petitioner and Respondents that: 17 1. The deadline by which the administrative record(s) in this action must be certified 18 shall be extended to December 7, 2020. 19 2. To the extent it applies, the obligation under Fresno Local Rule 2.11.3.B to prepare 20 and serve on all parties a detailed document index listing the documents proposed by Petitioner to 21 constitute the record of proceedings shall similarly be extended to December 7, 2020. 22 3. This stipulation may be executed in counterpart originals and/or by facsimile or 23 electronic signature, each of which shall be deemed to be an original, and all of which shall 24 constitute one and the same document. 25 IT IS SO STIPULATED. 26 [Signatures on Following Page] 27 28 3 STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD 1 DATED: October 5, 2020 DOWNEY BRAND LLP 2 3 By: 4 DAVID R.E. ALADJEM Attorneys for Petitioner and Plaintiff SAN 5 BERNARDIN O VALLEY MUNICIPAL WATER DISTRICT 6 7 DATED: October _, 2020 XAVIER BECERRA Attorney General of California 8 RANDY L. BARROW Supervising Deputy Attorney General 9 Digitally signed by Carolyn Rowan 10 CarO Iyn RQWan Date: 2020.10.0517:48:35 -07'00' 11 By: CAROLYN NELSON ROWAN 12 Deputy Attorney General P.. ~ Attorneys for Respondent/Defendant ~ 13 CALIFORNIA DEPARTMEN T OF FISH AND A z WILDLIFE < P::: 14 ,::Q 15 DATED: October _, 2020 XAVIER BECERRA >< ~ Attorney General of California ~ 0 16 ERICM.KAT Z Supervising Deputy Attorney General A 17 18 • . k" Digitally signed by William By: WI 11 lam Jen lnS Jenkins Date: 2020.10.05 15:48:08 -07'00' 19 WILLIAM JENKINS 20 Deputy Attorney General Attorneys for Respondent/Defendant 21 DEPARTMEN T OF WATER RESOURCES 22 23 24 25 26 27 28 4 STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD 1 [PROPOSED]ORDER 2 1. Pursuant to Public Resources Code section 21167.6, the deadline by which the 3 administrative record in this action must be certified shall be extended to December 7, 2020. 4 2. To the extent it applies, the obligation under Fresno Local Rule 2.11.3.B to prepare and 5 serve on all parties a detailed document index listing the documents proposed by Petitioner to 6 constitute the record of proceedings shall similarly be extended to December 7, 2020. 7 8 DATED: October _,2020 9 10 The Honorable Jeffrey Hamilton 11 Judge of the Superior Court 12 ~ ....i ....i 13 0 z < ~ 14 ~ >- 15 t:LI z 16 ~ 0 0 17 18 19 20 21 22 23 24 25 26 27 28 1 STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD 1 PROOF OF SERVICE 2 San Bernardino Valley Municipal Water District v. Department of Water Resources, et al. Case No. 20CECG01556 3 STATE OF CALIFORNIA, COUNTY OF SACRAMENTO 4 At the time of service, I was over 18 years of age and not a party to this action. I am 5 employed in the County of Sacramento, State of California. My business address is 621 Capitol Mall, 18th Floor, Sacramento, CA 95814. 6 On October 6, 2020, I served true copies of the following document(s) described as 7 STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD on the interested parties in this action as follows: 8 SEE ATTACHED SERVICE LIST 9 BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the 10 persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with the practice of 11 Downey Brand LLP for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of p.. 12 business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I ~ am a resident or employed in the county where the mailing occurred. The envelope was placed in ~ 13 the mail at Sacramento, California. zc.i < ~ 14 BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the i:o document(s) to be sent from e-mail address jhughey@downeybrand.com to the persons at thee- >-< 15 mail addresses listed in the Service List. I did not receive, within a reasonable time after the ~ transmission, any electronic message or other indication that the transmission was unsuccessful. z 16 ~ 0 I declare under penalty of perjury under the laws of the State of California that the c.i 17 foregoing is true and correct. 18 Executed on October 6, 2020, at Sacramento, California. 19 20 21 22 23 24 25 26 27 28 1 SERVICE LIST San Bernardino Valley Municipal Water District v. Department of Water Resources, et al. 2 Case No. 20CECG01556 3 Eric M. Katz Carolyn Nelson Rowan Caitlan McLoon Allison Goldsmith 4 Corey Moffat OFFICE OF THE ATTORNEY GENERAL Gwynne Hunter 1300 I Street, Suite 125 5 Stephen Sunseri Sacramento, CA 95814 William Jenkins Carolyn.Rowan@doj.ca.gov 6 OFFICE OF THE A TIORNEY GENERAL Allison.Goldsmith(ii do j.ca. gov 455 Golden Gate A venue 7 San Francisco, CA 94102 Attorneys for Defendant and Respondent Eric.Katz(tL1do j.ca. gov California Department ofFish and Wildlife 8 caitlan.mcloon(a doj.ca.gov corey.moffat(a)do j.ca.gov 9 gwynne.hunter@doi.ca.gov stephen.sunseri@doj.ca. gov 10 William ..Tenkins(aidoj.ca.gov 11 Attorneys for Defendant and Respondent California Department of Water Resources p.. 12 ...:I ...:I 13 James G. Moose 0 Christopher L. z Stiles < ~ 14 REMY MOOSE MANLEY, LLP ~ 555 Capitol Mall, Suite 800 >-~ 15 Sacramento, CA 95814 jmoose(fV,rmmenvirolaw .com z 16 cstiles(a;.rmmenvirolaw .com ~ 0 A 17 Attorneys for Defendant and Respondent California Devartment of Water Resources 18 19 20 21 22 23 24 25 26 27 28 2