Preview
Pursuant to CRC 2.259 this document has been electronically filed by the
Superior Court of California, County of Santa Barbara, on 12/7/2021
PACHOWICZ|GOLDENRING
A PROFESSIONAL LAW CORPORATION
2 PETER A. GOLDENRING (Bar No.
PEter@g°Pr°'1aW-Com
79387) F I L E D
SUPERIOR COURT of CALIFORNIA
3 COUNTY of SANTA BARBARA
2,0523%???
en ra, a 1 8&6653003
orma
4 Telephone: 805.642.6702 39/09/2021
Darrel E. ExecutIve Officer
Facsimile: 805.642.3145 Parker,
BY Baksh, Narzralli
56789
DOWNEY BRAND LLP ”my C‘e'k
KEVIN M. O’BRIEN (Bar No. 122713)
kobrien@downeybrand.com
MEREDITH E. NIKKEL (Bar No. 254818)
mnikkel@downeybrand.com
KELLY M. BREEN (Bar No. 267715)
kbreen@downeybrand.com
BRIAN E. HAMILTON (Bar No. 295994)
bhamilton@downeybrand.com
10 HOLLY E. TOKAR (Bar No. 334288)
htokar@downeybrand.com
11 621 Capitol Mall, 18th Floor
Sacramento, California 95814
12 Telephone: 916.444. 1000
DOWNEY BRAND LLP
Facsimile: 916.444.2100
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Attorneys for Petitioner and Plaintiff LAS
14 POSAS BASIN WATER RIGHTS COALITION
15 SUPERIOR COURT OF THE STATE OF CALIFORNIA
16 COUNTY OF SANTA BARBARA
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18 LAS POSAS BASIN WATER RIGHTS Case No. 21CV03714
COALITION, an unincorporated association,
19 Related Case Nos. VENCIOOSO970;
Petitioner and Plaintiff, 20CV02036
20
V. Assignedfor all purposes to the Honorable
21 Thomas P. Anderle, Dept. 3
FOX CANYON GROUNDWATER
22 MANAGEMENT AGENCY, a public entity,
STIPULATION AND [
23 Respondent and Defendant. ORDER RE ADlVIINISTRATIVE
RECORD
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DOES 1-100, [PUB. RESOURCES CODE, § 21167.6]
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Real Parties in Interest.
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27 WHEREAS, Petitioner and Plaintiff Las Posas Basin Water Rights Coalition (“Petitioner”)
28 commenced the above-captioned action by filing a Petition for Writ of Mandate (“Petition”)
1766228v3
STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD
1 against Respondent and Defendant Fox Canyon Groundwater Management Agency
2 (“Respondent”) (collectively, the “Parties”); and
3 WHEREAS, Petitioner alleges various claims in its Petition, including but not limited to
4 claims that Respondent violated the California Environmental Quality Act (“CEQA”) in adopting
5 the ordinance entitled “An Ordinance to Establish an Extraction Allocation System for the Las
6 Posas Groundwater Basin”; and
7 WHEREAS, Petitioner filed and served an Election to Prepare the Administrative Record
8 pursuant to Public Resources Code section 21167.6, subdivision (b)(2); and
9 WHEREAS, this case will involve preparation of an administrative record for
10 Respondent’s action challenged under CEQA; and
11 WHEREAS, Public Resources Code section 21167.6, subdivision (c) provides that the
12 public agency shall prepare the record within sixty (60) days of a request to prepare the record
DOWNEY BRAND LLP
13 being served upon it; in this case, Petitioner elected to prepare the administrative record, and
14 service of that election was effectuated on Respondent on October 12, 2021, and therefore the
15 Parties calculate the record’s completion date from that date; and
16 WHEREAS, Public Resources Code section 21167.6, subdivision (c) states that the time
17 limits set forth therein “may be extended only upon the stipulation of all parties who have been
18 properly served in the action or proceeding or upon order of the court;” and
19 WHEREAS, Public Resources Code section 21167.6, subdivision (c) further states: “There
20 is no limit on the number of extensions that may be granted by the court, but no single extension
21 shall exceed 60 days unless the court determines that a longer extension is in the public interest;”
22 and
23 Petitioner and Respondent thus agree to extend the deadline by which the administrative
24 record in this action must be certified from December 13, 2021 until February 11, 2022; and
25 IT IS THEREFORE STIPULATED by and among Petitioner and Respondent that:
26 1. The deadline by which the administrative record in this action must be certified
27 shall be extended from December 13, 2021 until February 11, 2021.
28 2. This stipulation may be executed in counterpart originals and/or by facsimile or
1766228v3 2
STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD
1 electronic signature, each of which shall be deemed to be an original, and all of which shall
2 constitute one and the same document.
3 IT IS SO STIPULATED.
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5 DATED: December 6, 2021 DOWNEY BRAND LLP
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By:
8 MEREDITH E. NIKKEL
Attorneys for Petitioner and Plaintiff LAS POSAS
9 BASIN WATER RIGHTS COALITION
10 DATED: December 6, 2021 STOEL RIVES LLP
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DOWNEY BRAND LLP
By:
13 TIMOTHY M. TAYLOR
14 Attorneys for Respondent and Defendant FOX
CANYON GROUNDWATER MANAGEMENT
15 AGENCY
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1766228v3 3
STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD
[PW] ORDER
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3 Pursuant to Public Resources Code section 21167.6, the deadline by which the
4 administrative record in this action must be certified shall be extended from December 13, 2021 to
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February 11, 2022.
DATED: December 6, 2021
The Honorable Thomas Anderle
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1766228v3 l
STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD
1 PROOF OF SERVICE
2 Las Posas Basin Water Rights Coalition v. Fox Canyon Groundwater Management Agency
Case No. 21CV03714
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STATE OF CALIFORNIA, COUNTY OF SACRAMENTO
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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 December 6, 2021, 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
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BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the
10 document(s) to be sent from e-mail address cgermain@downeybrand.com to the persons at the e-
mail addresses listed in the Service List. I did not receive, within a reasonable time after the
11 transmission, any electronic message or other indication that the transmission was unsuccessful.
12 I declare under penalty of perjury under the laws of the State of California that the
DOWNEY BRAND LLP
foregoing is true and correct.
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Executed on December 6, 2021, at Sacramento, California.
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16 Catharine F. Germain
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STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD
1 SERVICE LIST
Las Posas Basin Water Rights Coalition v. Fox Canyon Groundwater Management Agency
2 Case No. 21CV03714
3 Elizabeth P. Ewens Tiffany North
Timothy Taylor Jason Canger
4 Janelle S.H. Krattiger COUNTY OF VENTURA
Heraclio Pimentel 800 South Victoria Avenue, L/C #1830
5 STOEL RIVES LLP Ventura, CA 93009-1830
500 Capitol Mall, Suite 1600 tiffany.north@ventura.org
6 Sacramento, CA 95814 jason.canger@ventura.org
elizabeth.ewens@stoel.com
7 tim.taylor@stoel.com
janelle.krattiger@stoel.com
8 heraclio.pimentel@stoel.com
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10 Attorneys for Respondent/Defendant Fox Canyon Groundwater Management Agency
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STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD
Preview
Pursuant to CRC 2.259 this document has been electronically filed by the Superior Court of California, County of Santa Barbara, on 12/7/2021 PACHOWICZ|GOLDENRING A PROFESSIONAL LAW CORPORATION 2 PETER A. GOLDENRING (Bar No. PEter@g°Pr°'1aW-Com 79387) F I L E D SUPERIOR COURT of CALIFORNIA 3 COUNTY of SANTA BARBARA 2,0523%??? en ra, a 1 8&6653003 orma 4 Telephone: 805.642.6702 39/09/2021 Darrel E. ExecutIve Officer Facsimile: 805.642.3145 Parker, BY Baksh, Narzralli 56789 DOWNEY BRAND LLP ”my C‘e'k KEVIN M. O’BRIEN (Bar No. 122713) kobrien@downeybrand.com MEREDITH E. NIKKEL (Bar No. 254818) mnikkel@downeybrand.com KELLY M. BREEN (Bar No. 267715) kbreen@downeybrand.com BRIAN E. HAMILTON (Bar No. 295994) bhamilton@downeybrand.com 10 HOLLY E. TOKAR (Bar No. 334288) htokar@downeybrand.com 11 621 Capitol Mall, 18th Floor Sacramento, California 95814 12 Telephone: 916.444. 1000 DOWNEY BRAND LLP Facsimile: 916.444.2100 13 Attorneys for Petitioner and Plaintiff LAS 14 POSAS BASIN WATER RIGHTS COALITION 15 SUPERIOR COURT OF THE STATE OF CALIFORNIA 16 COUNTY OF SANTA BARBARA 17 18 LAS POSAS BASIN WATER RIGHTS Case No. 21CV03714 COALITION, an unincorporated association, 19 Related Case Nos. VENCIOOSO970; Petitioner and Plaintiff, 20CV02036 20 V. Assignedfor all purposes to the Honorable 21 Thomas P. Anderle, Dept. 3 FOX CANYON GROUNDWATER 22 MANAGEMENT AGENCY, a public entity, STIPULATION AND [ 23 Respondent and Defendant. ORDER RE ADlVIINISTRATIVE RECORD 24 DOES 1-100, [PUB. RESOURCES CODE, § 21167.6] 25 Real Parties in Interest. 26 27 WHEREAS, Petitioner and Plaintiff Las Posas Basin Water Rights Coalition (“Petitioner”) 28 commenced the above-captioned action by filing a Petition for Writ of Mandate (“Petition”) 1766228v3 STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD 1 against Respondent and Defendant Fox Canyon Groundwater Management Agency 2 (“Respondent”) (collectively, the “Parties”); and 3 WHEREAS, Petitioner alleges various claims in its Petition, including but not limited to 4 claims that Respondent violated the California Environmental Quality Act (“CEQA”) in adopting 5 the ordinance entitled “An Ordinance to Establish an Extraction Allocation System for the Las 6 Posas Groundwater Basin”; and 7 WHEREAS, Petitioner filed and served an Election to Prepare the Administrative Record 8 pursuant to Public Resources Code section 21167.6, subdivision (b)(2); and 9 WHEREAS, this case will involve preparation of an administrative record for 10 Respondent’s action challenged under CEQA; and 11 WHEREAS, Public Resources Code section 21167.6, subdivision (c) provides that the 12 public agency shall prepare the record within sixty (60) days of a request to prepare the record DOWNEY BRAND LLP 13 being served upon it; in this case, Petitioner elected to prepare the administrative record, and 14 service of that election was effectuated on Respondent on October 12, 2021, and therefore the 15 Parties calculate the record’s completion date from that date; and 16 WHEREAS, Public Resources Code section 21167.6, subdivision (c) states that the time 17 limits set forth therein “may be extended only upon the stipulation of all parties who have been 18 properly served in the action or proceeding or upon order of the court;” and 19 WHEREAS, Public Resources Code section 21167.6, subdivision (c) further states: “There 20 is no limit on the number of extensions that may be granted by the court, but no single extension 21 shall exceed 60 days unless the court determines that a longer extension is in the public interest;” 22 and 23 Petitioner and Respondent thus agree to extend the deadline by which the administrative 24 record in this action must be certified from December 13, 2021 until February 11, 2022; and 25 IT IS THEREFORE STIPULATED by and among Petitioner and Respondent that: 26 1. The deadline by which the administrative record in this action must be certified 27 shall be extended from December 13, 2021 until February 11, 2021. 28 2. This stipulation may be executed in counterpart originals and/or by facsimile or 1766228v3 2 STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD 1 electronic signature, each of which shall be deemed to be an original, and all of which shall 2 constitute one and the same document. 3 IT IS SO STIPULATED. 4 5 DATED: December 6, 2021 DOWNEY BRAND LLP 6 7 By: 8 MEREDITH E. NIKKEL Attorneys for Petitioner and Plaintiff LAS POSAS 9 BASIN WATER RIGHTS COALITION 10 DATED: December 6, 2021 STOEL RIVES LLP 11 12 DOWNEY BRAND LLP By: 13 TIMOTHY M. TAYLOR 14 Attorneys for Respondent and Defendant FOX CANYON GROUNDWATER MANAGEMENT 15 AGENCY 16 17 18 19 20 21 22 23 24 25 26 27 28 1766228v3 3 STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD [PW] ORDER 2 3 Pursuant to Public Resources Code section 21167.6, the deadline by which the 4 administrative record in this action must be certified shall be extended from December 13, 2021 to 56789 February 11, 2022. DATED: December 6, 2021 The Honorable Thomas Anderle 10 11 12 DOWNEY BRAND LLP 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1766228v3 l STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD 1 PROOF OF SERVICE 2 Las Posas Basin Water Rights Coalition v. Fox Canyon Groundwater Management Agency Case No. 21CV03714 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 December 6, 2021, 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 E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the 10 document(s) to be sent from e-mail address cgermain@downeybrand.com to the persons at the e- mail addresses listed in the Service List. I did not receive, within a reasonable time after the 11 transmission, any electronic message or other indication that the transmission was unsuccessful. 12 I declare under penalty of perjury under the laws of the State of California that the DOWNEY BRAND LLP foregoing is true and correct. 13 Executed on December 6, 2021, at Sacramento, California. 14 15 16 Catharine F. Germain 17 18 19 20 21 22 23 24 25 26 27 28 1766228v3 2 STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD 1 SERVICE LIST Las Posas Basin Water Rights Coalition v. Fox Canyon Groundwater Management Agency 2 Case No. 21CV03714 3 Elizabeth P. Ewens Tiffany North Timothy Taylor Jason Canger 4 Janelle S.H. Krattiger COUNTY OF VENTURA Heraclio Pimentel 800 South Victoria Avenue, L/C #1830 5 STOEL RIVES LLP Ventura, CA 93009-1830 500 Capitol Mall, Suite 1600 tiffany.north@ventura.org 6 Sacramento, CA 95814 jason.canger@ventura.org elizabeth.ewens@stoel.com 7 tim.taylor@stoel.com janelle.krattiger@stoel.com 8 heraclio.pimentel@stoel.com 9 10 Attorneys for Respondent/Defendant Fox Canyon Groundwater Management Agency 11 12 DOWNEY BRAND LLP 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1766228v3 3 STIPULATION AND [PROPOSED] ORDER RE ADMINISTRATIVE RECORD