Resolution No. 098581
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RESOLUTION NO. 9858
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON SUPPORTING THE THIRD AMENDMENT TO THE
CENTRAL BASIN GROUNDWATER ADJUDICATION TO PROVIDE
FOR STORAGE AND RECOVERY OF GROUNDWATER AND
AUTHORIZING THE CITY TO DO ALL ACTIONS DEEMED
NECESSARYIOR ADVISABLE CONCERNING LITIGATION
REGARDING THE AMENDMENT
WHEREAS, the City of Vernon (the "City"') operates a city
municipal water distribution system serving a majority of the retail
water users located within the City; and
WHEREAS, this City overlies a groundwater basin commonly
known as the "Central Groundwater Basin," a subsurface water basin or
reservoir, from which the City derives a significant portion of its
water for delivery to its citizens and businesses; and
WHEREAS, in view of the current statewide emergency and
recent severe restriction of water available for import, it is
imperative that this City take prudent steps to access and make use of
imported supplies of water as and when they become available; and
WHEREAS, since 1965, rights to extract and use groundwater
within the Central Groundwater Basin have been governed by the terms of
the adjudication rendered by the court in the matter of Central and
West Basin Water Replenishment District v. Charles E. Adams, et al,
LASC Case No. �86,,656 (the "Central Basin Judgment"); and
WHEREAS, there exists within the Central Basin a substantial
amount of space which has not been optimally utilized for basin
management and for storage of native and imported waters; and such
space can be prudently used for (i) more efficient procurement and
management of water imported to replenish supplies, and for (ii) the
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reasonable storage and recovery of water for the benefit of individual
parties to the Central Basin Judgment, including this City; and
WHEREAS, through a mediated process sponsored and encouraged
by the California Department of Water Resources over a period of
several years, a significant number of water rights holders,
groundwater agencies and other interested parties have developed an
agreed framework that, if approved by the court, could provide for
better utilization of such storage space for the benefit of the regionf
including an orderly process for the management thereof; and
WHEREAS, various parties contemplate presenting to the Court
a proposed Third Amended Judgment for the Court's consideration, which
Amended Judgment would allow for storage and recovery of water
1consistent with the agreed framework; and
WHEREAS, the Director of Community Services & Water has
recommended that it is in the best interests of the City and the
citizens and businesses thereof to support such effort and to encourage
the Court to so amend the Central Basin Judgment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE:
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
supports the efforts of the parties to the Central Basin Judgment to
implement the Third Amended Judgment and to provide a comprehensive
program for meaningful storage and recovery of groundwater.
SECTION 3: The City Council of the City of Vernon hereby
approves and authorizes the City's participation with other cities and
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agencies in proceedings before the Court relating to the Third Amended
Judgment, subject to the.City Council's 1 ater approval of any costs
involved relating to such participation.
SECTION 4: The City Council of the City of Vernon hereby
directs the Director of Community Services & Water, or his designee,
to advise the appropriate.parties of the City's support respecting the
Third Amended Judgment and the City's desire to participate in any
court proceeding respecting the Third Amended Judgment.
SECTION 5: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to execute any
Idocuments necessary to implement and carry out the purposes of any
court proceeding and to take such actions deemed necessary or
advisable concerning any court proceeding relating to the Third
Amended Judgment.
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 9th day of February, 2009
ATTEST:
)1�� At"tnL
MANUELA GIRON,-Ci-t�y Clerk
Leonis 'C. Malburg
Name:
Title: Mayor / -MajLe-r--PT-e--T-e4:R-
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STATE OF CALIFORNIA
) ss
COUNTY OF LOS ANGELES
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9858, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, February 9, 2009, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(S EAL)
)�� A,,L
M!�NUELA GIROT�—, C--Ay Clerk
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: February 17, 2009
TO: Kevin Wilson, Director of Community Services & Water
FRO Nelly Giron, City Clerk
M:
RE: Resolution No. 9858 - A Resolution of the City Council of
the City of Vernon Supporting the Third Amendment to the
Central Basin Groundwater Adjudication to Provide for
Storage and Recovery of Groundwater and Authorizing the City
to Do All Actions Deemed Necessary or Advisable Concerning
Litigation Regarding the Amendment
Transmitted herewith is a copy of Resolution No. 9858 referenced
above, which was approved by City Council on February 9, 2009.
Thank you.
NG: dj
C: Resolution No. 9858
April 6, 2009
OFFICE OF THE CITY ATTORNEY
Jeff A. Harrison, City Attorney
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811 Fax (323) 826-1438
Via Federal ExiDress
Edward J. Casey, Esq.
Alston and Bird LLP
333 S. Hope St., 16 th Floor
Los Angeles, California 90071
Re:, Central and West Basin Water Replenishment District, etc'.,
v. Charles E. Adams, et al.
Los Angeles Superior Court Case No. 786,-656
Dear Edward:
Pursuant to your request, enclosed please find a master Joint
Prosecution and Coordination Agreement, Central Basin Joint
Prosecution and Coordination Agreement and Stipulation to Amend
the Central Basin Judgment that have been executed by the City
Attorney on behalf of the City of Vernon with respect to the
above -referenced matter.
If you have any questions, please do not hesitate to call me.
Sincerel
f A Harrison
1
C itv zj
� or
" y A ornevy
Enclosures
cc: Manuela Giron (Resolution No. 9858)
Ex,crusivery Industriar
OF V
CITY ATTORNEY'S OFFICE
INTER -DEPARTMENT MEMORANDUM
DATE: April 2), 2009.
TO: Eric T. Fresch, City Administrator
FROM: Jeff A. Harrison, City Attorne�o
RE: Central Basin Groundwater Adjudication Central and West
Basin Water Replenishment District r. Charles E. Adams, et
al., LASC CASE NO. 786,656 (the "'Central Basin Judgment")
Dear Eric:
On February 9, 2009, the City Council adopted Resolution No. 9858
supporting the efforts of parties in the Central Basin Judgment to present
to the Court a Third Amended Judgment for the storage and recovery of
groundwater; authorizing the City's participation in any court proceeding
relating to the Third Amended Judgment, subject to the City Council's
approval of any costs relating to such participation; and authorizing the
City Administrator, or his designee,. to execute any documents regarding
any court proceeding relating to the Third Amended Judgment.
I recommend that the following documents be executed by the City of Vernon
as soon as possible once you designate who will be signing them:
1. A master Joint Prosecution and Coordination Agreement providing a
framework wherein the parties intend to file and prosecute two
consistent and complimentary motions to amend judgments adjudicating
the rights and management of the West Basin and the Central Basin.
2. Joint Prosecution and Coordination Agreement for the Central Basin
providing the framework wherein the parties will file and prosecute a
motion to amend the Second Amended Judgment entered in the action.
3. Stipulation to Amend the Central Basin Judgment.
After execution, the documents need to be delivered by overnight mail to
the following so that moving papers can be filed by April 10, 2009:
Edward J. Casey, Esq., Alston & Bird LLP, 333 S. Hope Street, 16 th Floor,
Los Angeles, CA 90071, (213) 576-1005.
Enclosures
cc: Kevin Wilson (w/o Encls.)
PRIVILEGED & CONFIDENTIAL
ATTORNEY WORK -PRODUCT
JOINT PROSECUTION AND COORDINATION AGREEMENT,
This Joint Prosecution and Coordination Agreement ("Agreement") is made by
and between the Water Replenishment District of Southern California ("WRD"), the
West Basin Municipal Water District ("WBMWD"), City of Los Angeles ("Los
Angeles"), City of.Lakewood ("Lakewood"), City of Torrance ("Torrance"), City of
Huntington Park ("Huntington Park"), City of Long Beach ("Long Beach"), City of
Manhattan Beach ("Manhattan Beach"), City of Inglewood ("Inglewood"), City of
Lomita ("Lomita"), City of Vernon ("Vernon"), California Water Service Company ("Cal
Water"), and Golden State Water Company ("GSWC"), (each a "Party" and collectively
the "Parties"), with respect to the following facts:
RECITALS
A. The Parties intend to file and prosecute two consistent and complimentary
motions ("Motions") to amend the judgments respectively adjudicating the rights and
management of the We$t Coast Groundwater Basin ("West Basin") and the Central
Groundwater Basin ("Central Basin"). The West Basin and Central Basin adjoin each
other in southwest Los Angeles County. The West Basin Judgment was entered in
California Water Service Co. et al. v. City of Compton, et al., Superior Court of Los
Angeles County, No. 506,806. The Central Basin Judgment was entered in Central and
West Basin Water Replenishment District v. Charles Adams, Superior Court of Los
Angeles County, No. 786,656.
B. Each of the,above-ref6renced judgments reserves jurisdiction to the- court
to amend the operable judgment. The Motions will seek to amend the respective
judgments to address, among other things, groundwater management and storage in the
West and Central Basins (collectively, the "Proceedings").
C. The Parties acknowledge that their interests are aligned with respect to the
Proceedings and further acknowledge their. mutual interest in communicating and sharing
information to facilitate the efficient preparation and prosecution of the Proceedings.
D. The Parties intend to jointly share in the fees and costs incurred for the
services provided by certain expert witnesses retained to provide testimony in support of
the Motion,, including the fees and costs associated with the services provided by Dr.
David Sunding ("Sunding").
E. The Parties desire to preserve the confidentiality of all documents and
information otherwise protected by a legal privilege (including the attorney -client
privilege and the attorney work product privilege), which they may provide to one
another and their respective counsel, subject to the further provisions of this Agreement.
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F. The Parties enter into this Agreement to preserve the confidentiality of
exchanged information, and to set forth the terms of their agreement for joint prosecution
of the Motion.
NOW THEREFORE, in consideration of the mutual covenants contained herein,
and for other good -and valuable consideration, the receipt and adequacy of which are
hereby acknowledged, the Parties agree as follows:
1. CONFIDENTIALITY
1.1 Confidential Information. The Parties agree that,, in furtherance of their
common interests, they may share confidential information protected by the attorney -
client privilege, the work product doctrine, the common interest doctrine, the joint
prosecution/defense. doctrine, and/or any other similar doctrine or privilege
("Confidential Information"). Such Confidential Information, whether oral or in writing,
may include, without limitation, confidential client information; mental impressions;
factual and legal analyses; memoranda of law, fact or strategy; factual investigations;
witness interviews; consultant's reports; expert witness materials; draft pleadings and
court filings; and information arising from the consultations among the Parties. When
used in relation to Confidential Information, . the term "Party" or "Parties" shall
encompass each Party's legal counsel and any liaison counsel that one or more of the
Parties may designate to coordinate between and among the Parties. The Parties further
agree and acknowledge that:
(a) The attorney -client privilege, work product protection, or any other
privilege or protection that may apply as it relates to Confidential Information covered by
this Agreement may not be waived except with the written consentof all Parties.
(b) All Confidential Information shared and disclosed between and
among the Parties will be deemed to be undertaken pursuant to their common interest;
(c) Confidential Information will be protected from disclosure by the
attorney -client privilege, the work product doctrine, the common interest doctrine, the
joint prosecution/defense doctrine, or any other applicable doctrine or privilege even if it
is shared among the Parties;
(d) The full privileged statu's that may be asserted as to any
Confidential Information shared pursuant to this Agreement shall be of the same
privileged legal force and effect as if no sharing had occurred; and
(e) The protections and privileges associated with any Confidential
Information shared pursuant to this Agreement may not be waived by any of the Parties
without the prior written consent of the privilege holder, provided, however, that if any
Party or its counsel (or any Party's or counsel's consultants) receives any valid legal or
judicially imposed request or demand, by subpoena or otherwise, for any Confidential
Information that is received from any of the other Parties or their counsel or counsel's
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consultants, the first Party shall, within five (5) business days, notify the other Parties of
the request or demand. Each Party will take all reasonable Steps necessary to permit the
assertion of all applicable rights and privileges with respect to privileged
communications, memoranda and documents, and shall fully cooperate with the other
Parties or their counsel to prevent such disclosure or waiver of any privilege.
(f) The contents of consultations among the Parties and all
Confidential Information will be maintained in strictest confidence and used only for
purposes of the Proceedings. No Confidential Information may be used by any Party'.mi a
manner adverse to any other Party regardless of whether this Agreement has otherwise
,terminated or the Party has withdrawn from the Agreement, except that nothing herein
shall restrict the use of any information or materials which were in fact or which would
be capable of being independently derived by a Party (or its consultants or experts).
Further, nothing herein is intended to limit or prohibit: (a) any Party from using or
developing for -its own separate use, any information, technical, legal, or other work
product; or (b) retaining its own consultants or experts. Further, nothing in the
Agreement shall preclude any of the Parties from communicating confidentially with
their own counsel, consultants, and experts.
1.2 Disclosure of Confidential Information'. The Parties agree to exercise
good faith efforts not to give, show, make available, or communicate in any way
Confidential Information to anyone other than:
(a) counsel representing the Parties to this Agreement and their staff;
(b) employees of the Parties to the Agreement; and
(c) consultants hired by counsel or the Parties to as authorized under this
Agreement for the purpose of prosecuting the Proceedings.
All persons permitted access to Confidential Information shall be specifically advised of
the terms of this Agreement and that they must abide by its terms and take all steps
reasonably necessary to protect the confidentiality of,the Confidential Information.
1.3. No Duty to Share Confidential Information. Nothing in this Agreement
obligates any.Party or its respective counsel to communicate or share any privileged or
confidential materials or information with any other Party, counsel or anyone else.
1.4 No Restriction on Disclosing Party's Own Documents or Information.
Nothing in this Agreement precludes any Party or its counsel from disclosing the Party's
own independently developed or controlled documents or information to a third party
regardl ess of whether such documents or information have previously been disclosed to
another Party as Confidential Information, except to the extent,that such documents or the
information contained in such documents are based upon the Confidential Information
provided by another Party to thi's Agreement.
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2. JOINT PROSECUTION
2.1 Term, Termination, Withdrawal, and Return of Confidential
Information. This, Agreement shall remain in effect until terminated, which shall occur
upon termination of the Proceedings, by mutual agreement of the Parties, or as to a
withdrawing Party, by the withdrawal of a Party from this Agreement (collectively
"Termination"). The withdrawal of one Party shall not cause a termination of the
Agreement among the remaining (non -withdrawing) Parties,. Moreover, the withdrawal
from this Agreement by a Party shall not relieve the withdrawing Party, or its agents or
counsel, from the'continuing obligation under this Agreement to maintain the privileged
nature and confidentiality of all Confidential Information obtained pursuant to this
Agreement. Any Party may withdraw from this Agreement upon written notice to the
other Parties' counsel. In such event, the Parties and their counsel shall: (1) immediately
(a) return all Confidential Information to counsel of the Party providing the same without
retaining copies thereof, or, (b) at the option of the Party who made such Confidential
Information avail ' able, destroy such materials and, in either case, certify in writing that all
such materials have. been returned or destroyed, as the case may be; and (2) continue to
be bound by this Agreement with regard to any information learned or obtained pursuant
to this Agreement. Any such withdrawal will be solely on a prospective basis, and any
Confidential Information made available by any Party prior to such Party's receipt of
such a notice of withdrawal shall continue to be governed by the terms of this Agreement.
2.2 No Obligation to Pursue Proceeding; Independent Representation.
Nothing in this ' Agreement shall create any obligation to pursue the Proceedings or
prevent any Party from withdrawing from the Proceedings. Further, nothing in this
Agreement shall be construed to affect the separate and independent representation of
each Party by its respective counsel, nor shall anything contained in this Agreement be
deemed to create an attorney -client relationship between any attorney and anyone. Each
Party represents that it is represented exclusively by its own counsel. Each counsel
participating in thi ' s Agreement on behalf of a Party is obligated to maintain the
confidentiality of information as specified in this Agreement, but each counsel does not
act on behalf of any person other than his or her client. No Party shall have authority to
waive any applicable privilege or doctrine on behalf of another Party; nor shall any
waiver of an applicable privilege or doctrine by the conduct of a Party be construed to
apply to the other Parties. The fact that any attorney or law firm has entered into this
Agreement shall not be used as a basis for seeking to disqualify any counsel or law firm
from representing any Party in this or any other proceeding. No attorney or law firm that
has entered into this� Agreement shall be disqualified from examining or cross-examining
,any person who appears as a witness at a deposition, trial or other proceeding in the
Proceedings, whether under a grant of immunity or otherwise, because of such attorney's
or law firm's participation in this Agreement.
2.3 Future Adversarial Relationships. Before entering into this Agreement,
each Party has been fully advised by its counsel of the possibility that a Party may later
become a witness against other Parties or take positions adverse to other Parties. Each
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Party acknowledges that, while the precise nature of each:possiblo conflict of interest
cannot be currently identified, its counsel has informed it of the general nature of the
conflicts that might arise. The joint defense privilege described herein and recognized by
this Agreement, and any and all other applicable privileges and protections, shall not be
destroyed or impaired as to any Confidential Information exchanged pursuant to this
Agreement and, in fact, is specifically preserved as to any Confidential Information
exchanged pursuant to this Agreement if adversarial relationships subsequently arise
between the Parties.
3. COSTS
3.1 Expert Witnes& Costs. All fees and costs incurred for the services
provided by the expert witnesses retained either jointly by the Parties, or in coordination
with counsel for VVRD, and in furtherance of the Proceedings, including the fees and
costs associated with the retention of Sunding (collectively "Expert Witness Costs")
(estimated to be $192,700 for the Motions) shall be apportioned between and among the
Parties to this Agreement as follows:
(a) Los Angeles, Lakewood, Huntington Park, Long Beach, Vernon,
Cal Water, and GSWC ("Central Basin Parties") shall bear seventy-three percent (73%)
of the Expert Witness Costs. The proportionate division of responsibility for the Expert
Witness Costs between and among the Central Basin Parties is more particularly
described in the separate Joint Prosecution and Coordination Agreement for the Central
Basin concurrently entered into by VVRD, Los Angeles, Lakewood, Huntington Park,
Long Beach, Vernon, Cal Water, and GSWC, effective January 1, 2009. The Central
Basin Parties shall pay their share of the Expert Witness Costs within thirty (30) days of
the receipt of the invoice from WRD.
(b) Los Angeles, Torrance, Manhattan Beach, Inglewood, Lomita,
Long Beach, WBMVVD, Cal Water, and GSWC ("West Basin Parties") shall bear twenty-
seven percent (27%) of the Expert Witness Costs, as more particularly described in the
separate Joint Prosecution and Coordination Agreement for the West Coast Basin
concurrently entered into by Los Angeles, Torrance, Manhattan Beach, Inglewood,
Lomita,Long Beach, VVBMWD, Cal Water, and GSWC, effective January 1, 2009. The
West Basin Parties 'shall pay their share of the Expert Witness Costs within thirty (30)
days of the receipt of the invoice from VVRD.
3.2 Filing Costs. The costs associated with filing the Motions (estimated to
be $37,300), including: (1) assembling, copying, printing, labeling and binding the
Motions and all associated exhibits, supporting declarations and related pleadings; (2)
court filing fees and attorney service fees; and (3).service on all parties (collectively,
"Filing Costs"); shall be apportioned between and among the Parties to this Agreement in
the same manner as Expert Witness Costs.
3.3 Cap on Costs. No party shall be responsible for its share of any amount
of costs (Expert Witness Costs and Filing Costs) in excess of $250,000 unless all of the
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Central Basin Parties and all of the West Basin Parties have provided written consent to
that amount.
3.4 Parties Individually Responsible for Separate Legal Costs. With the
exception of the Expert Witness Costs and Filing Costs, provided for herein, each Party
s I hall be solely and exclusively responsible for any cost, expense, or fee. arising from a
Party's separate legal counsel, expert witnesses, or other independent legal expense.
4. JOINDER OF ADDITIONAL PARTIES TO THIS AGREEMENT.
4.1 Following the Effective Date of this Agreement, asthat term is defined in
Section 5.9 of this Agreement, this Agreement may be am -ended to join additional Parties
who will join in one or both of the Motions. Any party to the West Basin Judgment or
the Central Basin Judgment possessing an adjudicated water right may become a Party to
this Agreement. Parties wishing to join this Agreement after the Effective Date must: (1)
send written notice to counsel for all then -existing Parties to this Agreement, representing
that the new Party has agreed to be bound by all terms and conditions of this Agreement;
and (2) execute this Agreement. I I
5. OTHER PROVISIONS
5.1 Conflict of Interest Waiver. Each of the Parties has had full opportunity
to consult with its separate counsel concerning the terms and conditions of this
Agreement, is fully'informed of those terms and conditions, and has concluded that the
risk of any potential conflict of interest is outweighed by the benefits of cooperation and
shared information in the preparation for, and prosecution of, the Proceedings.
Accordingly, each Party waives any potential conflict of interest with respect to the
arrangements created under this Agreement and agrees that the sharing of confidential
information and cooperation in the preparation for, and prosecution of, the Proceedings
shall not. constitute grounds for seeking disqualification of counsel in the Proceedings or
any other action.
5.2 Authority. The individuals signing this Agreement in their respective
capacity warrant that they have the authority to do so on behalf of the entities they
represent.
5.3 Binding Effect. This Agreement shall both inure to the benefit of and be
binding upon each of the Parties and their respective officers, partners, members,
directors, employees, agents, parents, subsidiaries, attorneys, affiliates, successors, and
assigns.
5.4 Form of Notice. Any notices to be made under this Agreement shall be
made by facsimile and U.S. mail to legal counsel for the Parties. .
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5.5 Form of Execution. This Agreement may be executed by facsimile and
in any number of counterparts, each of which shall be deemed ari original, and all of
which together shall constitute one instrument.
5.6 Modification. Any modification or amendment to this Agreement shall
be of no force and effect unless it is in writing and signed by all Parties to the Agreement.
5.7 Severability. If any provision of this Agreement is invalid, illegal or
unenforceable, such provision shall be deemed to be severed, or deleted from this
Agreement and the balance of this Agreement shall remain in full force and -effect
notwithstanding such invalidity, illegality or unenforceability.
5.8 Further Assurances. At any time and from time to time after the date
hereof, each Party agrees. to take such actions and to execute and deliver such documents
as the other Party may reasonably request to effectuate the purposes of this Agreement.
5.9 Specific Performance. In addition to any remedy available in law or
equity, the obligations of each Party under this Agreement shall be subject to a court
order requiring specific performance, which order can be applied for by any other Party
on an ex parte basis;
5.10 Effective Date. Upon the full execution of this Agreement by the Parties,
the Effective Date of this Agreement shall be January 1, 2009.
[Signatures on the following pages]
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Water Replenishment District of
Southern California
By:
(Name)
Its:
(Title)
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JOINT PROSECUTION AND COORDINATION AGREEMENT
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DATED: City of Los Angek's
By:
(Name)
Its:
(Title)
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JOINT PROSECUTION AND COORDINATION AGREEMENT
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DATED:
City of Lakewood
By:
(Name)
Its:
(Title)
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JOINT PROSECUTION AND COORDINATION AGREEMENT
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DATED: City of Torraifice
By:
(Name)
Its:
(Title)
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JOINT PROSECUTION AND COORDINATION AGREEMENT
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DATED:
City of Long Beach
By:
(Name)
Its:
(Title)
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JOINT PROSECUTION AND COORDINATION AGREEMENT
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DATED:
DATED:
Golden State Water Company
By:
(Name)
Its:
(Title)
APPROVED AS TO, FORM
BROWNSTEIN HYATT FARBER
SCHRECK, LLP
By:
Stephanie Osler Hastings
Attorneys for Golden State Water
Company
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JOINT PROSECUTION AND COORDINATION AGREEMENT
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DATED: City of Huntington Park
By:
Greg Korduner
City Manager
DATED: APPROVED AS TO FORM
LEAL-TREJO, LLP
By:
Hugo Franc'isco Leal
Attorneys for City of Huntington
Park
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JOINT PROSECUTION AND COORDINATION AGREEMENT
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DATED: California Water Service Company
By:
(Name)
Its:
(Title)
DATED: APPROVED AS TO FORM
NOSSAMAN LLP
By:
Frederic Fudacz
Attorneys for California Water
Service Company
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JOINT PROSECUTION AND COORDINATION AGREEMENT
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DATED: West Basin Municipal Water District.,
By:
(Name)
Its:
(Title)
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DATED:
City of Manhattan Beach
By:
(Name)
Its:
(Title)
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DATED:
DATED:
City of Inglewood
By:
Roosevelt Dom
Mayor
APPROVED AS TO FORM
OFFICE OF THE CITY ATTORNEY
CITY OF INGLEWOOD
By:
Cal Saunders
City Attorney for City of Inglewood
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JOINT PROSECUTION AND COORDINATION AGREEMENT
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DATED: City of Lomita
By:
(Name)
Its:
(Title)
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JOINT PROSECUTION AND COORDINATION AGREEMENT
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DATED: April 6, 2009 City of Vernon.
By:
me)JVf A. Harrison
Its: titly Attorney
(Title)
ATT48T:
Byll�Zb,w,tjl�) /(r -
1,L4
Manu�ia di`ron�,-Ci Clerk '
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JOINT PROSECUTION AND COORDINATION AGREEMENT
SB 497177 v4:010625.0002
3/30/09
PRMLEGED & CONFIDENTIAL
ATTORNEY WORK -PRODUCT
JOINT PROSECUTION AND COORDINATION AGREEMENT
FOR THE CENTRAL BASIN,
1. BACKGROUND AND THE PARTIES
This Joint Prosecution Agreement (this "Agreement") is made by and between the City of
Long Beach ("Long Beach"), the City of Lakewood ("Lakewood"), the City of Los
Angeles ("L.A.") ' the City of Huntington Park ("H.P."), the City of Vernon ("Vernon"),
Golden State Water Company ("GSWC"), California Water Service Company ("Cal
Water") and the Water Replenishment District of Southern California ("WRD") (each a
"Party" and collectively the "Parties"), with respect to anticipated legal proceedings
before the Los Angeles Superior Court (the "Court") in Case No. 786,656 (the "Action")
that will involve the filing and prosecution of a motion ("Motion") to amend the Second
Amended Judgment entered in the Action (the "Central Basin Judgment") to address,
among other things, groundwater storage (die "Proceedings").
II. MUTUALITY OF INTEREST
A. The Parties acknowledge that their interests are aligned with respect to the
Proceedings and further acknowledge their mutual interest in communicating and sharing
information to facilitate the efficient preparation and prosecution of the Proceedings.
Accordingly, the P arties agree to preserve the confidentiality of all documents and
information otherwise protected by a legal privilege (including the attorney -client
privilege and the attorney work product privilege) that they may provide to one another.
Disclosure of the documents and information shall be limited to the Parties, their
respective counsel ("Counsel"), and employees of Counsel, subject to the furtlier
provisions of this Agreement.
B. All d ' isclosures of documents and information among the Parties are and
will be made solely for purposes of furthering the interests of the Parties in the
Proceedings.
Ill. MAINTENANCE OF PRIVILEGE
C. The exchange of documents and information and any communications or
discussions among Counsel concerning the Proceedings will not constitute a waiver of
any privilege from. disclosure, including the attorney -client privilege and the work
product. , The Parties and their Counsel agree that any consultations among Counsel or
their clients, and an I y sharing or pooling of work product or other confidential documents
concerning the Proceedings, are reasonably necessary for the accomplishment of the
purpose described in Section II-B, above.
D. The Parties and their respective Counsel agree that the contents of
consultations among the Parties or Counsel as w . ell as databases.or other attomeymork
product will be maintained in strictest confidence and used only for purposes of the
Proceedings.
LEGAL02/31235924v3
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E. Absent an order of the Court compelling disclosure, documents and
information exchanged pursuant to this Agreement shall not be disclosed to any other
person without the written consent of all Parties to this Agreement. The Parties and their
respective Counsel agree that the attorney -client privilege, work product protection, or
any other privilege or protection that may apply as it relates to- the consultations,
information, databases, and other documents covered by this Agreement may not be
waived except with the written consent of all Parties. The Parties to this Agreement shall
make all appropriate objections and motions with respect to any subpoenas or other
discovery requests that purport to seek documents or information covered by this
Agreement.
F. Nothing in this Agreement shall obligate any Party to exchange documents
or information, withany other Party.
IV. COSTS
G. Expert Witness Costs
The Parties intend to jointly share in the costs associated with the
preparation of expert testimony, both written and verbal, which the
Parties intend to offer during the Proceedings ("Expert Witness
Costs"), including the costs associated with the retention of Dr. David
Sunding ("Sunding") (estimated to be $192,700'for the Motion and the
West Basin Motion, defined.below), an expert witness originally
retained by VVRD. The Parties agree that the information developed by
such experts shall,remain privileged and confidential as provided
under this Agreement.
00 As set forth in the Master Joint Prosecution and Coordination
Agreement, the Parties acknowledge that 27% (twenty-seven percent)
of the Expert Witness Costs, shall be paid by parties to the judgment
(the "West Basin Judgment") entered in Los Angeles Superior Court
(Case No. 506,806) concerning a similar motion to amend the West
Coast Groundwater Basin Judgment (the 'West Basin Motion")
pursuant1to other agreements. The remaining share, specifically 73%
(seventy-three percent), of the Expert Witness Costs that are not paid
by the parties to the West Basin Judgment shall be referred to for
purposes of this Agreement as the "Central Basin's Share of Expert
Witness Costs." The contribution of each Party to this Agreement to
the "Central Basin's Share . of Expert Witness Costs shall be
determined pursuant to a cost -sharing formula to be based on the rights
to extract water from the Central Groundwater Basin, which water
rights are described in the Central Basin Judgment. The existing water
rights held by Long Beach, Lakewood, L.A., H.P., Vernon, Cal Water
and GSWC are set forth in Exhibit A to this Agreement. More
specifically, each Party's contribution shall be.equal to (1) the, dollar
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LEGAL02/31235924v3
3/30/09
amount of the Central Basin's Share of Expert Witness Costs,
multiplied by (2) a fraction, the numerator of which shall -be the water
rights held by the Party in the Central Basin and the deriominator of
which shall be the total amount of the water rights held by all of the
Parties to this Agreement in the Central Basin.
(iii) Within twenty (20) calendar days after the fall execution of this
Agreement, WRD shall send to all other Parties copies of Ihe invoices
that have been submitted by Sunding. Within thirty (30) calendar days
of their receipt of those invoices, the Parties, except for Long Beach,
shall submit their reimbursement check for their respective share of
those Sunding invoices to Long Beach, Within fifteen (15) calendar
days of its receipt of the last'of those reimbursement checks, Long
Beach shall submit a single check to WRD in an amount e4ual to Long
Beach's share of the past Sunding invoices plus the iotal of the
reimbursement checks that Long Beach received from all other Parties
for the past Sunding *invoices. The Parties shall follow the same
reimbursement and payment procedure for all invoices submitted by
Sunding to WRD subsequent to the date of the full execution of this
Agreement. VVRD shall use all funds received from -the Parties
pursuant to the above process solely for the purpose of paying
Sunding.
(iv) In the event the Parties to this Agreement seek to retamit an expert
witness subsequent to the Effective Date of this Agreement, the costs
of such expert shall be borne by the Parties in accordance with the cost
sharing formula provided for in paragraph G (ii), provided, however,
that any Party may decline to ' share in the costs of any future. expert.
Any such Party who so declines, shall notbe responsible to pay for the
costs of said expert and shall not be entitled to receive any information
developed by said expert. The remaining Parties shall share in the
costs of said expert according the cost -sharing formula provided in
paragraph G (ii), but as adjusted for the non-inc ' lusion of the declining
Party. Any such subsequent retained expert shall be paid in the
manner described in Section G (iii), above.
H. Filing Costs
(i), The costs associated with filing the Motion (estimated to be
$37,300 for the Motion and the West Basin Motion), including: (1)
assembling, copying, printing, labeling and binding the Motion and
all associated exhibits, supporting declarations and related
pleadings; (2) court filing fees and attorney service fees; and (3)
service on all parties (collectively, "Filing Costs"); shall be
apportioned between and among the Parties to this Agreement in
the same manner as Expert Witness Costs'. The billing procedures
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LEGAL02/31235924v3
3/30/09
for the Filing Costs shall be the same as for the Central Basin's
Share of Expert Witness Costs.
(ii) No Party shall be responsible for its share of any amount of the
Central Basin's Share of Expert Witness Costs and Filing Costs
that exceed $182,500 unless all Parties have provided written
consent to that amount.
L Joinder of Additional Parties
(i) As provided in Section V, below, any party to the Central Basin
Judgment possessing an adjudicated water right may become a
Party to this Agreement after the full execution of this Agreement
by the Parties identified in Section 1, above. Any future Party to
this Agreement shall'reimburse the then existing Parties for the
previously incurred Expert Witness Costs in an amount equal to
the (1) the dollar amount of the previously incurred Expert Witness
costs, multiplied by (2) a fraction, the numerator of which shall be
the amount of water rights held in the Central Basin by the new
Party and the denominator of which shall be the total amount of
water rights held in the Central Basin by the existing Parties to this
Agreement and the new Party.
V. OTHER PROVISIONS
J. After the Effective Date of this Agreement (as defined in paragraph U,
below), any party to the Central Basin Judgment possessing an adjudicated
water right thereunder may become a Party to this Agreement by sending
written notice to Counsel for all then existing Parties to this Agreement
that represents that the new Party has agreed to be bound by all terms and
conditions of this Agreement. Within twenty (20) 1 calendar days after the
date of that notice, the existing Parties shall inform the new Party of the
amount of reimbursement owed under the cost -sharing formula provided
in Section IV (G) (ii), above. Upon the new Party making that
reimbursement payment, the existing Parties shall promptly provide the
new Party with copies of all confidential and privileged documents and
other written information that had been distributed among the existing
Parties pursuant to this Agreement.
K. Nothing in this Agreement shall be construed to create an attorney -client
relationship between any Party and Counsel for another Party. Each Party
represents that it is represented exclusively by its own Counsel. Each
Counsel participating in this Agreement is obligated to maintain the
confidentiality of information as specified in this Agreement, but each
Counsel does not act on behalf of any person other than his or her client.
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LEGAL02/31235924v3
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L. Each, of the Parties has had full opportunity to consult with its separate
Counsel concerning the terms and conditions of this Agreement, is fully
informed of those terms and conditions,. and has concluded that the risk of
any potential conflict of interest is outweighed by the benefits of
cooperation and shared information in the preparation for, and prosecution
of, the Proceedings. Accordingly, each Party waives any potential conflict
of interest with respect to the arrangements created under this Agreement
and agrees that the sharing of confidential information and cooperation in
the 'preparation for, , and prosecution of, the Proceedings shall not
constitute grounds for seeking disqualification of Counsel in the
Proceedings or any other action.
M. The individuals signing this Agreement in their resp I ective capacity
warrant that they have the authority to do so on behalf of the entities they
represent.
N. This Agreement may be executed in counterparts with the same force and
effect of all of the others.
0. This Agreement shall both inure to the benefit of and be binding upon
each of the Parties and their respective officers, partners, members,
directors, employees, agents, parents, subsidiaries, attorneys, affiliates,
successors, and assigns.
P. Any notices to be made under this Agreement shall be made by facsimile
and mail to each legal.Counsel for the Parties.
This Agreement may be executed by facsimile and in any number of
counterparts, each of which shall be deemed an original, and all of which
together shall constitute one instrument.
R. Any modification or amendment to this Agreement shall -be of no force
and effect. unless it is in writing and signed by all Parties to the
Agreement.
S. This Agreement shall remain in effect until terminated, which shall occur
upon ' termination of the Proceedings, by mutual agreement of the Parties,
or as to a withdrawing Party, by the withdrawal of a Party from this
Agreement (collectively "Termination"). The withdrawal of one- Party
shall not cause a Termination of the Agreement as among the r . emaining
(non -withdrawing) Parties. Moreover, the withdrawal from this
Agreement by a Party shall not relieve the withdrawing Party, or its agents
or Counsel, from the continuing obligation under this Agreement to
maintain the privileged nature and confidentiality of all confidential
information obtained pursuant to this Agreement. Any Party may
withdraw from this Agreement upon written notice to the other Parties'
LEGAL02/31235924v3
3/30/09
Counsel. In such event, the Parties and their Counsel shall: (1)
immediately (a) return all confidential information to Counsel of the Party
providing the same without retaining copies thereof, or, (b) at the option of
the Party who made such confidential information available�, destroy such
materials and, in either case, shall certify in writing that all such materials
have been returned or destroyed, as the case may be--,., and (2) continue to
be bound by this Agreement with regard to any information learned or
obtained pursuant to this Agreement. Any such withdrawal will be solely
on a prospective basis and any confidential information made available by
any Party prior to such Party's receipt of such a notice of withdrawal shall
continue to be governed by the terms of this Agreement.
T. The obligations of each Party under this Agreement shall be subject to a
court order requiring specific performance, which order can be applied for
by any other Party on an ex parte basis.
U. Upon the full execution of this Agreement by the Parties identified in
Section I, above, the Effective Date of this Agreement shall be January 1,
2009.
[Signatures continued on the next page.]
LEGAL02/31235924v3
3/30/09
DATED:
PRMLEGED & CONFIDENTIAL
ATTORNEY WORK -PRODUCT
CITY OF LONG BEACH
By:
(Name)
Its:
(Title)
-7-
JOINT PROSECUTION AND COORDINATION AGREEMENT FOR THE CENTRAL BASIN
LEGAL02/31235924v3
3/30/09
DATED:
PRIVILEGED & CONFIDENTIAL
ATTORNEY WORK -PRODUCT
CITY OF LAKEWOOD
By:
(Name)
Its:
(Title)
-7A-
JOINT PROSECUTION AND COORDINATION AGREEMENT FOR THE CENTRAL BASIN
LEGAL02/31235924v3
3/30/09
DATED:
a
PRIVILEGED & CONFIDENTIAL
ATTORNEY WORK -PRODUCT
CITY OF LOS ANGELES
By:
(Name)
Its:
(Title)
7B —
JOINT PROSECUTION AND COORDINATION AGREEMENT FOR T14E CENTRAL BASIN
LEGAL02/31235924v3
3/30/09
PRIVILEGED & CONFIDENTIAL
ATTORNEY WORK -PRODUCT
DATED: CITY OF HUNTINGTON PARK
By:
(Name)
Its:
(Title)
- 7C -
JOINT PROSECUTION AND COORDINATION AGREEMENT FOR THE CENTRAL BASIN
LEGAL02/31235924v3
3/30/09
PRIVILEGED & CONFIDENTIAL
ATTORNEY WORK -PRODUCT
DATED: April 6, 2009 CITY OF VERNON
ATTE)�T:
ByXMZa'6nude1a Giro , Ci C er�k
m
fl
By: _ �Im, k
f A. Harrison
tt�ef
Its: ney
(Title)
-7D-
JOINT PROSECUTION AND COORDINATION AGREEMENT FOR THE CENTRAL BASIN
LEGAL02/31235924v3
3/30/09
DATED:
PRMLEGED & CONFIDENTIAL
ATTORNEY WORK -PRODUCT
GOLDEN STATE WATER COMPANY
By:
(Name)
Its:
(Title)
-7E-
JOINT PROSECUTION AND COORDINATION AGREEMENT FOR THE CENTRAL BASIN
LEGAL02/31235924v3
3/30/09
PRIVILEGED & CONFIDENTIAL
ATTORNEY WORK -PRODUCT
DATED.: CALIFORNIA WATER SERVICE --
COMPANY
By:
(Name)
Its:
(Title)
-7F-
JOINT PROSECUTION AND COORDINATION AGREEMENT FOR THE CENTRAL BASIN
LEGAL02/31235924v3
3/30/09
PRIVILEGED & CONFIDENTIAL
ATTORNEY WORK -PRODUCT
DATED: WATER REPLENISHMENT DISTRICT
'OF SOUTHERN CALIFORNIA
By:
(Name)
Its:
(Title)
-7G-
JOINT PROSECUTION AND COORDINATION AGREEMENT FOR THE CENTRAL BASIN
LEGAL02/31235924v3
3/30/09
Central Basin Joint Prosecution And Coordination Agreement
Exhibit A
Califomia Water Service rights
18,254. acre-feet
City
of Long Beach water rights
32,684 acre-feet
City
of Lakewood water rights
9,423 acre-feet
City
of Los AngeJes water rights
15,000 acre-feet
City
of Huntington Park water rights
3,853 acre-feet
City
of Vemon water rights
8,039 acre-feet
Golden State Water Company water rights
16,439.20 acre-feet
LEGAL02131235924v3
3/30/09
Privileged & Confidential
Attorney Work -Product
1 WILLIAM F. KRUSE (State Bar No. 09023 1)
LAGERLOF, SENECAL, GOSNEY & KRUSE, LLP
2 301 N. Lake Avenue, 10tH Floor
Pasadena, CA 91101-4108
3 Tel ephone: (626) 793-9400
Facsimile: (626) 793-5900
4
Attorneys for Cross -Complainant
5 City of Lakewood
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF LOS ANGELES
10
11 CENTRAL AND WEST BASIN WATER
REPLENISHMENT DISTRICT, etc.,
12
Plaintiff,
13
V.,
14
CHARLES E. ADAMS, et al.,
15
Defendants..
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17 CITY OF LAKEWOOD, a municipal
corporation,
18
Cross -Complainant,
19
V.
20
CHARLES E. ADAMS, et al.,
21
22 Cros s-Defendanfs.
Case No. 786 656
STIPULATION TO AMIEND THE
CENTRAL BASIN JUDGMENT
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24 1. INTRODUCTION
25 The parties to this Stipulation ("Stipulating Party" or "Stipulating Parties," depending on the
26 context).are the Water Replenishment District of Southern Californ ia ("AIRD"), and those certain
27 parties to the judgment entered in this matter governing use of water resources in the Central Basin,
28 as last amended on May 6, 1 1991 ("Judgment"), which have executed this Stipulation. The
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1. STIPULATION TO AMEND THE CENTRAL BASIN JUDGMENT
LEGAL02/31235933vl
1 Stipulating Parties include: (1) those entities that originally executed this Stipulation, consisting of
2 WRD, City of Los Angeles, City of Huntington Park, City of Long Beach, City of Lakewood, City
3 of Vernon, City of Compton, Golden State Water Company, California Water Company, and
4 Maywood Mutual Water Co. No. 2; and (2) th ose. entities that have subsequently stipulated to this
5 Stipulation by executing one of the signature pages attached hereto. collectively as Exhibit "A."
6 With theexception of WRD, each Stipulating Party holds an Allowed Pumping Allocation, as that
7 term is defined by the Judgment. The Court has retained continuing jurisdiction over this matter as
8 set forth in Paragraph IV of the Judgment. - The Stipulating Parties will move the Court for further
9 amendment of the Judgment pursuant to the Court's retained ju I risdiction and as provided herein,
10 and a separate Order Re Amendment to the Central Basin Second Amendment Judgment is being
11 lodged with the Court concurrently herewith.
12 H. PARTIES
13 1 . The Water Replenishment District of Southern California is a public agency
14 organized and operating under the Water Replenishment District Act, Cal. Water Code §60000 et.
15 seq. (the "Enabling.Act").
16 2. The City of Los Angeles is a municipal corporation organized under the laws of the
17 State of California and its City Charter in the County of Los Angeles. Through its Los Angeles
18 Department of Water and Power, the City provides water and power to its residents and it holds
19 adjudicated rights in and to both the West Coast and Central Basins.
20 3. The City of Huntington Park is a municipal corporation in the County of Los
21. Angeles.
22 4. The City of Lakewood is a municipal corporation in the County of Los Angeles.
23 5. The City of Long Beach is a municipal corporation organized under the laws of the
24 State of California and its City Charter in the County of Los Angeles.
25 6. The City of Vernon is a municipal corporation in the County of Los Angeles.
26 7. The City of Compton is a municipal corporation in the County of Los Angeles.
27 8. Golden State Water Company ("GSWC") is an investor -owned public utility subject
28 to the jurisdiction of the California Public Utilities Commission. GSWC provides retail water
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STIPULATION TO AMEND CENTRAL BASIN JUDGMENT
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service, to customers in part or all of the cities of Bell, Bell Gardens, Cudahy, Carson, Compton, El -
Segundo, Gardena, Torrance, Huntington Park, South Gate, Vernon., Hawthome,-higlewood,
11 Lawndale, Artesia, Hawaiian Gardens, Lakewood, Long Beach, Downey, Santa Fe Springs, -La ---
Mirada, South Gate, Paramount, Cerritos, and within unincorporated areas of Los Angeles C I ounty.
GSWC holds adjudicated rights in and to both the West Coast Basin and the Central Basin.
9. California Water Service Company ("CWSC") is an investor -owned public utility
subject to the jurisdiction of the California Public Utilities Commission.. CWSC provides retail
-water service to 463,400 customers in 83 California communities through 24 regulated and 2 non -
regulated districts. CSWC holds adjudicated rights in and to both the West Coast Basin and the
Central Basin.
'10, Maywood Mutual Water Co. No. 2 is a California corporation, which provides water
service to a defined service area. within the City of Maywood.
11. The description of the Stipulating Parties that have subsequently executed this
Stipulation is set forth in their respective signature pages, collectively attached hereto as Exhibit
111. STIPULATION
The Stipulating Parties agree as follows:
1. The Stipulating Parties will seek amendment of theJudgment in a manner and form
necessary to accomplish their mutual interests as provided herein (the "Amendments"). The
Amendments shall be substantially similar to the proposed amendments to the Judgment dated
March 30, 2009.
2. The Stipulating Parties have mutual interests in, among other things: (a) avoiding the
time, expense and uncertainty associated with renewed litigation or legislative efforts regarding
actual and potential disputes between and among the Stipulating Parties regarding the quantity of
water flowing beneath and between the Central Basin and the adjacent West Coast Basin
(collectively, the. "Basins"), and the uniformity of the replenishment assessment imposed by WRD
on the production of groundwater from the Basins; (b) creating incentives, predictability and long-
term certainty — for at least the next twenty years as necessary to promote beneficial use of the
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LEGAL02/31235933vl
STIPULATION TO AMEND CENTRAL BASIN JUDGMENT
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Basins' water resources to the fullest extent prac ticable and for the greatest public benefit, including
additional groundwater storage in the Basins; (c) obtaining state and local funding as may be
available to promote greater development and beneficial use of the Basins' water resources; and (d)
securing- a reliable and cost-effective water supply to serve the Stipulating Parties' constituencies
and communities.
I The Amendments are necessary to effectuate the mutual interests of the Stipulating
I Parties.
4. The Amendments are necessary to, assure the State of California and other local
agencies that a durable legal framework is in, place to provide for the' effective management of the
Central Basin.
5. The Amendments are beneficial to all parties to the Judgment--fo r the following
I reasons:
(a) The Amendments are the product of su I bstantial negotiation,, with the
assistance of a professional mediator, among the parties to the Judgment, the
parties to the judgment entered in the matter of California Water Service'
Company v. City of Compton, Los Angeles County Superior Court Case No.
506 806, as last amended on March 22, 1984 ("West Coast Basin
Judgment"), YVRD, and other local and regional water stakeholders.
(b) The Amendments encourage greater use of available storage capacity within
the Central Basin, investment in infrastructure in the Central Basin and inter -
basin transfers, thereby promoting optimal management of the Basins.
(c) The Amendments promote. beneficial use of the Central Basin resource to the
fullest extent practicable and for the greatest public benefit at a time of
historic state and local water shortages.
(d) The Amendments provide a physical solution that protects the Central Basin
resource and the rights and interests of all parties to the Judgment.
(e) The Amendments provide flexibility to adapt to changing conditions within
the Central Basin, locally and throughout the State, thereby facilitating
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STIPULATION TO AMEND CENTRAL BASIN JUDGMENT
LEGAL02/31235933vl
optimal. management of the Central Basin resource and improv'ing Water
2 supply reliability over time.
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(f) The Amendments create a durable legal framework, -with transparent rules,
4 for management of the Central Basin resource, thereby creating the
5 predictability and long-term certainty necessary to facilitate investment in the
6 Central Basin resource.
7 (g) The Amendments provide for judicial supervision over management of the
8 Central Basin resource through continuing jurisdiction of the Court.
9 The Amendments will provide substantial economic and social benefits to
10 Southern California and the region in the form of reduced water supply costs
and improved reliability.
12 (i) The Amendments avoid the time, expense and uncertainty associated with
-13 renewed litigation or legislative efforts regarding actual andpotential issues
14 of dispute between and among the parties, including but not limited to issues
15 related to quantification of the quantity of Water flowing beneath and between
the Central Basin and the adjacent West Coast Basin, and the uniformit of
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17 assessments imposed on the parties' extraction of groundwater from the
Central Basin and the West Coast Basin.
19 The Amendments are consistent with, and are designed to work harmoniously
20 with, the amendments developed for the West Coast Basin through the
21 above -referenced mediated negotiation.
22 6. The Stipulating Parties will cooperate,and coordinate their efforts with certain parties
23 to the West Coast Basin Judgment ("Stipulating West Coast B asin- Parties"), which parties
24 concurrently seek amendment of the West Coast Basin Judgment in a formsubstantially similar to
25 the proposed amendments to the West Coast Basin Judgment dated March 30, 2009 ("West Coast
26 B as in Amendments
27 7. U pon satisfaction of each and all of the following conditions precedent, the
28 Stipulating Parties, or some of them, will move the Court for amendment to the Judgment ("Motion
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STIPULATION TO AMEND CENTRAL BASIN JUDGMENT
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for Amendment to Amended Judgment" or "Motion"), solely and exclusively as provided herein:
(a) Parties holding at least a simple majority (51%) of the "Allowed Pumping
Allocations" under the Judgment shall have executed this Stipulation.
"Allowed Pumping Allocations" has the meaning set forth in, Part I of the
Central Basin Judgment.
(b) Parties holding at least a simple majority (5 1 01o) of the "Adjudicated Rights"
under the judgment in the West Coast Basin shall have stipulated to
amendment of the West Coast Basin Judgment in a form substantially the
same as this Stipulation. "Adjudicated Rights" has the meaning set forth in
Part III of the West Coast Basin Judgment.
8. The.Motion will request amendment of the Judgment in a form substantially the
same as the Amendments.
9. The Motion will request adoption of certain Rules and Regulations to accompany
and operate consistent with the Amendments in a form substantially the same as the proposed Rules
and Regulations dated March 30, 2009.
10. The Stipulating Parties, or some of them, will file the Motion concurrently with the
related motion to be filed by some or all Stipulating West Coast Basin Parties ("West Coast Basin
Motion") and as soon as practicable.
11. The Stipulating Parties, or some of them, will file a Notice of Related Case apprising
the Court, having continuing jurisdiction over both Basins, of the interrelationship of the Motion
and West Coast Basin Motion.
12. The Stipulating Parties will cooperate in good faith and take any and all necessary
and appropriate actions to'support the Motion (an d will not take actions adverse to the Motion)
including but not limited to the production of evidentiary testimony and documentation in support
thereof, and to seek entry of a final order in a form. substantially the same as the [Proposed] Order
Re Amendment to the Central Basin Second Amended Judgment lodged concurrently with,this
Stipulation ("Order").
In theevent that the trial court in this matter enters the Order, and the Order becomes
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STEPULATION TO AMEND CENTRAL BASIN JUDGMENT
LEGAL02/31235933vl
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final -
and a trial court in California Water Service Company v. City of Compton, Los Angeles
County Superior Court Case No. 506 806, enters a final order that is substantially similar to the
Order ("West Coast Basin Order"), and the West Coast Basin Order becomes final, the Stipulating
Parties, and each. of them, further agree as follows:
(a) For a period of twenty,,(20) years following entry of the final Order, no
Stipulating Party shall seek further amendment of the amended Judgment in a manner inconsistent
with this Stipulation or the Order, nor shall any Stipulating Party: (i) seek modification of VMD's
replenishment assessment in a manner that would result in the imposition of a replenishment
assessment that is not uniform as between the Central Basin and the West Coast Basin, or (ii) seek
to quantify, adjudicate or otherwise determine the amount of water flowing beneath or b etween the
Basins.
(b) . For a period of twenty (20) years following entry of the final Order, the
Stipulating Parties will cooperate in good faith and take any and all reasonable and necessary
actions in furtherance of this Stipulation and in support of the Order.
(c) No later than the nineteenth (19th) year following entry of the final Order, the
Stipulating Parties will meet and confer regarding renewal of this Stipulation and perpetuation 'of
the Amendments provided herein.
14. In the event any of the following events occur, this Stipulation shall terminate
automatically and be null and void:
(a) the trial court denies the Motion, in whole or in part;
(b) a trial court denies the West Coast Basin Motion, in whole or in part;
(c) a final Order is not entered; or
(d) a final West Coast Basin Order is not entered.
15. The provisions of this Stipulation are related, dependent and not severable. This
Stipulation is executed upon the understanding that each paragraph is in consideration of all of the
others.
16. This Stipulation may be executed in counterparts with the same force and effect as if
executed in complete documents.
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17. Nothing in this Stipulation shall be deemed to affect or limit the authority of any
Stipulating Party to fulfill its statutory, regulatory or contractual responsibilities under all applicable
laws.
IT IS SO STIPULATED.
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DATED: April 6, 2009 City of Vernon
By:
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torney
(Title)
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Stipulation of
is a which provides water service to
By execution of this signature page, which is to be attached hereto,
stipulates to the matter set forth in the Stipulation to Amend the Central Basin
Judgment.
DATED:
By:
(Name)
Its:
(Title)
Represented by:
[Add Law Firm Information]
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.Aarj — .
OFFICE OF THE CITY ATTORNEY
Jeff A., Harrison, City Attorney
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811 Fax (323) 826-1438
April 14, 2009
Tammy Jones, Esq.
Alston & Bird LLP
333 S. Hope Street, 16 th Floor
Los Angeles, CA 90071
Re: Central and West Basin Water Replenishment District, etc.,
v. Charles.-E. Adams, et al.
Los Angeles Superior Court Case No. 786,656
Dear Tammy:
Pursuant to your request, enclosed please.find an originally
executed Master Joint Prosecution and Coordination Agreement
with respect tothe above -referenced matter.
If you have any questions, please contact me.
Very truw yours,
A. arrison
i
Cit Att rney
JH: em
Enclosure
CC: Ms. Nelly Giron, City Clerk (w/ encls.) (Resolution No. 9858)
E.Xcfusivefy Industriaf
PRIVILEGED & CONFIDENTIAL
ATTORNEY WORK -PRODUCT
JOINT PROSECUTION AND COORDINATION AGREEMIENT
This Joint Prosecution and Coordination Agreement ("Agreement") is made by
and between the Water Replenishment District of Southern California ("WRD"), the
West Basin Municipal Water District ("WBMWD"), City of Los Angeles ("Los
Angeles"), City ofLakewood ("Lakewood"), City of Torrance ("Torrance"), City of
Huntington Park ("Huntington Park"), City of Long Beach ("Long Beach"), City of
Manhattan Beach ("Manhattan Beach"), City of Inglewood ("Inglewood"), City of
Vernon ("Verrion"),'Califomia Water Service Company ("Cal Water"), and Golden State
Water Company ("GSWC"), (each a "Party" and collectively the "Parties"), with respect
to the following facts:
RECITALS
A. The Parties intend to file and prosecute two consistent and complimentary
motions ("Motions") to amend the judgments respectively adjudicating the rights and
management of the West Coast Groundwater Basin ("West Basin") and the Central
Groundwater Basin ("Central Basin"). The West Basin and Central Basin, adjoin each
other in southwest Los Angeles County. The West Basin Judgment was entered in
California Water Service Co. et al. v. City of Compton, et al., Superior Court of Los
Angeles County, No. 506,806. The Central Basin Judgment was entered in Central and
West Basin Water Replenishment District v. Charles Adams, Superior Court of Los
Angeles County, No. 786,656.
B. Each of the above -referenced judgments reserves jurisdiction to the court
to amend the operable judgment. The Motions will seek to amend the respective
judgments to address, among other things, groundwater managenient and storage in the
West and Central Basins (collectively, the. "Proceedings").
C. The Parties acknowledge that their interests are aligned with respect to the
Proceedings and further acknowledge their mutual interest in communicating and sharing
information to facilitate the efficient preparation and prosecution of the Proceedings.
D. The Parties intend to jointly share in the fees and costs incurred for the
services provided by certain expert witnesses retained to provide testimony in support of
the Motion, including the fees and costs associated with the services provided by Dr.
David Sunding ("Sunding").
. - E. -- The Parties desire to preserve the-- confidentiality of all documents and
information otherwise protected by a legal privilege (including the attomey-client
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privilege and the, attorney work product privilege), which they may provide. to one
another and their respective counsel, subject to the further provisions of this Agreement.
F. The Parties enter into this Agreement to preserve the confidentiality of
exchanged information, and to set forth the terms.of their agreement for joint prosecution
of the Motion.
NOW THEREFORE, in consideration of the mutual covenants contained herein,
and for other good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged, the Parties agree as follows:
1. CONFIDENTIALITY
1.1 Confidential Information. The Parties agree that, in furtherance of their
common interests, they may share confidential information protected by the attorney -
client privilege, the work product doctrine, the common interest doctrine, the joint
prosecution/defense doctrine, and/or any other similar doctrine or privilege
("Confidential Information"). Such Confidential Information, whether oral or in writing,
may include, without limitation, confidential client information; mental impressions;
factual and legal analyses; memoranda of law, fact or strategy; factual investigations;
witness interviews; consultant's reports; expert witness materials; draft pleadings and
-court filings; and information arising from the consultations among the Parties. When
used in relation to . Confidential Information, the term "Party" or "Parties" shall
encompass each Party's legal counsel and any liaison counsel that one or more of the
Parties may designate to coordinate between and among the Parties. The Parties further
agree and acknowledge that:
I . (a) The attorney -client privilege, work product 'protection, or any other
privilege or protection that may apply as it relates.to Confidential Information covered by
this Agreement may not be waived except with the written consent of all Parties.
(b) All Confidential Information shared and disclosed between and
among the Parties will be deemed to be undertaken pursuant to their common interest;
(c) Confidential Information will be protected from disclosure by the
attorney -client privilege, the work product doctrine, the common interest doctrine, the
joint prosecution/defense doctrine, or any other applicable doctrine or privilege even if it
is shared among the Parties;
(d) The full privileged status that may be asserted as to any
Confidential Information shared pursuant to this Agreement shall be of the same
privileged legal force and effect as if no sharing had occurred; and
(e) The protections and privileges associated with any Confidential
Information shared pursuant to this Agreement may not be wa . ived by any of the Parties
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without the prior written consent of the privilege, holder, provided, however, that if any
Party or its counsel (or any Party's or counsel's consultants) receives any valid legal or
judicially imposed request or demand, by subpoena or otherwise, for any Confidential
Information that is received from any of the other Parties or their counsel or counsel's
consultants, the first Party shall, within five (5) business days, notify the other Parties of
the request or demand. Each Party will take all reasonable steps necessary to permit the
assertion of all applicable rights and privileges with respect to privileged
communications, memoranda and documents, and shall fully cooperate with the other
Parties or their counsel to prevent such disclosure or waiver of any privilege.
(f) I The contents of consultations among the Parties and all
Confidential Information will be maintained in strictest confidence and used only for
purposes of the Proceedings. No Confidential Information may be used by any Party in a
manner adverse to any other Party regardless of whether this Agreement has otherwise
terminated or the Party has withdrawn from the Agreement, except that nothing herein
shall restrict the use of any information or materials which were in fact or which would
be capable of being independently derived by a Party (or its consultants or experts).
Further, nothing herein is intended to limit or prohibit: (a) any, Party from using or
developing for its 'own separate use, any information, technical,, legal, or other work
product; or (b) retaining its own consultants or experts, Further, nothing in the
Agreement shall preclude any of the Parties from communicating confidentially with
their own counsel, consultants, and experts.
1.2 Disclosure of Confidential Information. The Parties agree to exercise
good faith efforts not to give, show, make available, or communicate in any way
Confidential Information to anyone other than:
(a) counsel representing the Parties to this Agreement and their staff;
(b) employees of the Parties to the Agreement; and
(c) consultants hired by counsel or the Parties to as authorized under this
Agreement for the purpose of prosecuting the Proceedings.
All persons permitted access to Confidential Information shall be specifically advised of
the terms of this Agreement and that they must abide by its terms and take all steps
reasonably necessary to protect the confidentiality of the Confidential Information.
1.3 No Duty to Share Confidential Information. Nothing in this Agreement
obligates any Party or its respective counsel to communicate or share any privileged or
confidential materials or information with any other Party, counsel or anyone else.
1.4 No Restriction on Disclosing Party's Own Documents or Information.
Nothing in this Agreement precludes any Party or its counsel from disclosing the Party's
own independently 'developed- or controlled documents or information to a third party
regardless of whether such documents or information have previously been disclosed to
another Party as Confidential Information, except to the extent that such documents. or the
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information contained in such documents are based upon the Confidential Information
provided by another Party to this Agreement.
2. JOINT PROSECUTION
2.1 Term, Termination, Withdrawal, and Return of Confidential
Information. This Agreement shall remain in effect until terminated, which shall occur
upon termination of the Proceedings, by mutual agreement of the Parties, or as to a
withdrawing Party,. by the withdrawal of a Party from this Agreement (collectively
"Termination"). The withdrawal of one Party shall not cause a termination of the
Agreement among the remaining (non -withdrawing) Parties. Moreover, the withdrawal
from this Agreement by a Party shall not relieve the withdrawing Party, or its agents or
counsel, from the continuing obligation under this Agreement to maintain the privileged
nature and confidentiality of all Confidential Information obtained pursuant to this
Agreement. Any Party may withdraw from this Agreement upon, written notice to the
other Parties' counsel. In such event, the Parties and their counsel shall: (1) immediately
(a) return all Confidential Information to counsel of the Party providing the same without
retaining copies thereof, or, (b) at the option of the Party who made such Confidential
Information available, destroy such materials and, in either case, certify in writing that all
such materials have been returned or destroyed, as the case may 'be; and (2). continue to
be bound by this Agreement with regard to any information learned or obtained pursuant
to this Agreement. ' Any such withdrawal will be solely on a prospective basis, and any
Confidential Information made available by any Party prior to such Party's receipt of
such, a notice of withdrawal shall continue to be governed by the terms of this Agreement.
2.2 No Obligation to Pursue Proceeding; Independent Representation.
Nothing in this Agreement shall create any obligation to pursue the Proceedings or
prevent any Party from withdrawing from the Proceedings. Further, nothing in this
Agreement shall be construed to affect the separate and independent representation of
each Party by its re ' spective counsel, nor shall anything contained in this Agreement be
deemed to create an attorney -client relationship between any attorney and anyone. Each
Party represents that it is represented ex ' clusively by its own counsel. Each counsel
participating in this Agreement on behalf of a Party is obligated to maintain the
confidentiality of information as specified in this Agreement, but each counsel does not
act on behalf of any person other than his or her client. No, Party.shall have authority to
waive any applicable privilege or doctrine on behalf of another Party; nor shall any
waiver of an applicable privilege or doctrine by the conduct of a Party be construed to
apply to the other Parties. The fact that any attorney or law firm has entered into this
Agreement shall not be used as a basis for seeking to disqualify any counsel or law firm
from representing any Party in this or any other proceeding. No attorney or law firm that
has entered into this Agreement shall be disqualified from examining or cross-examining
any person who appear s as a witness at a deposition, trial or other proceeding in the
Proceedings, whether under a grant of immunity or otherwise, because of such attorney's
or law firm's participation in this Agreement.
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2.3 Future Adversarial Relationships. Before entering into this Agreement,
each Party has been fully advised by its counsel of the possibility that a Party may later
become a witness against other Parties or take positions adverse to other Parties. Each
Party acknowledges that, while the precise nature of each possible conflict of 'interest
cannot be currently identified, its counsel has informed it of the general nature of the
conflicts that might arise. The joint defense privilege described herein and recognized by
this Agreement, and any and all other applicable privileges and protections, shall not be
destroyed or impaired as to any Confidential Information exchanged pursuant to this
Agreement and, in fact, is specifically preserved as to any Confidential Information
exchanged pursuant to this Agreement if adversarial relationships subsequently arise
between the Parties.
3. COSTS
3.1 Expert Witness Costs. All fees and costs incurred for the services
provided by the expert witnesses retained either jointly by the Parties, or in coordination
with counsel for WRI), and in furtherance of the. Proceedings, including the fees and
costs associated with the retention of Sunding (collectively "Expert Witness Costs")
(estimated to be $192,700 for the Motions) shall be apportioned between and among the
Parties to this Agreement as follows:
(a) Los Angeles, Lakewood, Huntington Park, Long Beach, Vernon,
Cal Water, and GSWC ("Central Basin Parties") shall bear seven , ty-three percent (73%)
of the Expert Witness Costs. The proportionate division of responsibility for the Expert
Witness Costs between and among the Central Basin Parties, is more particularly
described in the separate Joint Prosecution and Coordination Agreement for the Central
Basin concurrently entered into by WRD, Los Angeles, Lakewood, Huntington Park,
Long Beach, Vernon, Cal Water, and GSWC, effective January 1, 2009. The Central
Basin Parties shall pay their share of the Expert Witness Costs within thirty (30) days of
the receipt of the invoice from WRI).
(b) Los Angeles, Torrance, Manhattan Beach, Inglewood, Long
Beach, WBMWD, Cal Water, and GSWC ("West Basin Parties") shall bear twenty-seven
percent (27%) of the Expert Witness Costs, as more particularly described in the separate
Joint Prosecution and Coordination Agreement for the West Coast Basin concurrently
entered into by Los Angeles, Torrance, Manhattan Beach, Inglewood, Long Beach,
WBMV,/D, Cal Water, and GSWC, effective January 1, 2009. The West Basin Parties
shall pay their share of the Expert Witness Costs within thirty (30) days of the receipt of
the invoice from WRI).
3.2 Filing Costs. The costs associated with filing the Motions (estimated to
be $37,300), including: (1) assembling, copying, printing, labeling and, binding the
Motions and all associated exhibits, supporting declarations and related pleadings; (2)
court filing fees and attorney service fees; and (3) service on all parties (collectively,
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"Filing Costs"); shall be apportioned between and among the Parties to this Agreement in
the same manner as Expert Witness Costs.
3.3 Cap on Costs. No party shall be responsible for its share of any amount
of costs (Expert Witness Costs and Filing Costs) in excess of $250,000 unless all of the
Central Basin Parties and all of the West Basin Parties have provided written consent to
that amount.
. 3.4 Parties Individually Responsible for Separate Legal Costs. With the
exception of the Expert Witness Costs and Filing Costs, provided for herein, each Party
shall be solely and exclusively responsible for any cost, expense,' or fee arising from a
Party's separate legal counsel, expert witnesses, or other independent legal expense.
4. JOINDER OF ADDITIONAL PARTIES TO THIS AGREEMENT.
4.1 Following the Effective Date of this Agreement, as that term is defined in
Section 5.9 of this Agreement, this Agreement may be amended to join additional Parties
who will join in one or both of the Motions. Any party to the West Basin Judgment or
the Central Basin Judgment possessing an adjudicated water right may become a Party to
this Agreement. Parties wishing to join this Agreement after the Effective Date must: (1)
send written notice to counsel for all then -existing Parties to this Agreement, representing
that the new Party has- agreed to be bound by all terms and conditions of this Agreement;
and (2) execute this Agreement.
5. OTHER PROVISIONS
5.1 Conflict of Interest Waiver. Each of the Parties has had full opportunity
to consult with its - separate counsel concerning the terms and conditions of this
Agreement, is fully informed of those terms and conditions, and has concluded that the
risk of any potential conflict of interest is outweighed by the benefits of cooperation and
shared information in the preparation for, and prosecution of, the Proceedings.
Accordingly, each Party waives any potential conflict of interest with respect to the
arrangements created under this Agreement and agrees that the sharing of confidential
information and cooperation in the preparation for, and prosecution of, the Proceedings
shall not constitute grounds for seeking disqualification of counsel in the Proceedings or
any other action.
5.2 Authority. The individuals signing this Agreement in their respective
capacity warrant that they have the authority to do so on behalf of the entities they
represent.
5.3 Binding Effect. This Agreement shall both inure to the benefit of and be
binding upon each of the Parties and their respective officers, partners, members,
directors, employees, agents, parents, subsidiaries, attorneys, affiliates, successors, and
assigns.
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5.4, Form of Notice. Any notices to be made under this Agreement shall be
made by facsimile and U.S. mail to legal counsel for the Parties.
5..5 Form of Execution. This Agreement may be executed by facsimile and
in any number of counterparts, each of which shall be deemed an original, and all of
which together shall constitute one instrument.
5.6 Modification. Any modification or amendment to this Agreement shall
be of no force and effect unless it is in writing and signed by all Parties to the Agreement.
5.7 Severability. If any �rovision of this Agreement is invalid, illegal or
unenforceable, such provision shall be deemed to be severed or deleted from this
Agreement and the balance of this Agreement shall remain in full force and effect
notwithstanding such invalidity, illegality or unenforceability.
5.8 Further Assurances. At any time and from time to time after the date
hereof, each Party agrees to tal�e such actions and to execute and deliver such documents
as the other Party may reasonably request to effectuate the purposes of this Agreement.
5.9 Specific Performance. In addition to any remedy available in law or
equity, the obligations of each Party under this Agreement shall be subject to a court
order requiring specific performance, which order can be applied for by any other Party
on an exparte basis.
5.10 Effective Date. Upon the full execution of this Agreement by the Parties,
the Effective Date of this Agreement shall be January 1, 2009.
[Signatures on the following pages]
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DATED:
Water Replenishment District of
Southern California'
By:
(Name)
Its:
(Title)
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DATED:
City of Los Angeles
By:
(Name)
Its:
(Title)
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DATED: ity of Lakewood
By:
(Name)
Its:
(Title)
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DATED: City of Torrance
M.
(Name)
(Title)
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DATED: City of Long Beach
By:
(Name)
Its -
(Title)
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DATED: Golden State Water Company
By:
(Name)
Its:
(Title)
DATED: APPROVED AS TO FORM
BROWNSTEIN HYATT FARBER
SCHRECK, LLP
By:
Stephanie Osler Hastings
Attorneys for Golden State Water
Company
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DATED: City of Huntington Park
By:
Greg Korduner
City Manager
DATED: APPROVED AS TO FORM
LEAL-TREJO, LLP
By:
Hugo Francisco Leal
Attorneys for City of Huntington
Park
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DATED: California Water Service Company
DATED:
By:
(Name)
Its:
(Title)
APPROVED AS TO FORM
NOSSAMAN LLP
By:
Frederic Fudacz
Attorneys for California Water
Service Company
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DATED: West Basin Municipal Water District
By:
(Name)
Its:
(Title)
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DATED: City of Manhattan Beach
By:
(Name)
Its:
(Title)
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DATED:
City of Inglewood
Roosevelt Dom
Mayor
DATED: APPROVED AS TO FORM
OFFIC E OF THE CITY ATTORNEY
CITY OF INGLEWOOD
By:
Cal Saunders
City Attorney for City of Inglewood
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DATED:
DATED:
0
City of Vernon
By:
Leonis C. Malburg
Mayor
By:
Bruce Malkenhorst Jr.
City Clerk
APPROVED AS TO FORM
OFFICE OF THE CITY ATTORNEY
CITY OF VERNON
By:
Jeffrey Harrison
Attorneys for City of Vernon
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DATED:
DA TED:
City of Vernon
By: A�,�
Hilario Gonzales
Mayor Pro Tern
By: — . Xf-�� -
Ay i 4r
ell . ' c6)
City Clerk
APPROVED AS TO FORM
BY:
Oyf Af/14arrison
City Attorney
. Page 19 of 20
MASTER JOINT PROSECUTION AND COORDINATION AGREEMENT
3/30/09
SB 497177 v5:010625.0002
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
June 8, 2009
VIA U.S. MAIL
Mr. James Glancy
Director of Water Resources
City of Lakewood
P.O. Box 158
Lakewood, CA 90714
Re: Central and West Basin Water Replenishment District, etc.
v. Charles E. Adams, et al.
LASC No. C786656
Dear James:
Enclosed please find a check payabl e to the City of Lakewood in
the sum of $24,111.00, which represents Vernon's share of
attorney fees in the above -referenced matter.
Thank you for your cooperation and courtesy in this matter.
Very tru yoursf
JOA Harrison
C A orney
JH:em
Enclosures -Check No. 325881
xi
cc: Nelly Giron, City Clerk (w/ encls.) (Resolution No,. 9858)
E�Ccfusivefy Industfid
-CITY OF VERNON-------- ------ACCOUNTS PAYABLE -CHECK ----NO�--- 325881--____
. . . . ......... ..
052809-1 05/28/2009 GROUNDWATER STORAGE LITIGATION 0.00 24,111.00
24,111.00
FLLA6L Ut: I AUH ULFUHL UL:I'Ubi I INU
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4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
June 16, 2009
Kevin Wattier
City of Long Beach
1800 E. Wardlow Road
Long Beach, CA 90807
VIA U.S. MAIL
Re: Central and West Basin Water Replenishment District, etc.
v. Charles E. Adams, et al.
LASC No. C7866S6
Dear Kevin:
In response to your email and attachments sent on June 11, 2009,
enclosed please find a check payable to the City of Long Beach
in the sum of $13,042.98, which represents Vernon's share of
filing and expert witness fees in the above -referenced matter.
Please note check number 325881 in the amount of $24,111.00 was
mailed -,to James Glancy of the City of Lakewood on June 8, 2009.
Thank you for your cooperation and courtesy in this matter.
I
Very tru# yours,
J�* A Harrison
, C tv f
to
ty A torney
JH: em
Enclosures -Check No. 325969
cc: Nelly Giron, City Clerk (w/ encls.) (Resolution No. 9858)
E,�cfusivefy industhaf
CITY OF VERNON
ACCOUNTS PAYABLE CHECK NO. 325969
061509-1 06115/2009 FILING & EXPER T FEES 0.00 13,042.98
13,042.98
PLEASE DETACH BEFORE DEPOSITING
!I
.4jr,
A6
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
July 14, 2009
VIA U.S. MAIL
Mr. Charles Parkin
Principal DeputyCity Attorney
Office of the Long Beach City Attorney
333 W. Ocean Blvd. , llth Floor
Long Beach, CA 90802
Re: City of Cerritos, etc. v.
Water Replenishment District, et al.
LASC Case BS120643
Dear Charles:
Enclosed please find a check payable to Meyers Nave in the sum
of $1,683.79, which represents Vernon's share of attorney fees
in the above -referenced matter.
Thank you for your cooperation and courtesy in this matter.
Very tru
r
JH: em
Enclosures -Check No. 326356
yours,
rrison
cc: Nelly Giron, City Clerk (w/ encls.) (Resolution No. 9858)
E�Cchusivefy Industriaf
CITY OF VERNON
ACCOUNTS PAYABLE CHECK NO. 326356
UNEWRO14 M 0909wr"- a-WRT-M uk m�m 607-77",
070909-1 07/09/2009 LEGAL SERVICES CASE# BS120643 0.00 1,683.79
1,683.79
rLtAbt Ut I AUH btt-L)Ht Utt'UZ51 I INU
.005 — . ,
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
July 21, 2009
Via Federal Express
Deborah J. Fox, Esq.
Meyers Nave
333 S. Grand, Suite 1670
Los Angeles, California 90071
Re: Central and West Basin Water Replenishment District, etc.,
v. Charles E. AcZams, et al.
Los Angeles Superior Court Case No. 786,656
Dear Deborah:
Pursuant to your request, enclosed please find the certification
relevant to the documents constituting the complete
Administrative Record before the City of Vernon concerning the
proposed Third Amendment with respect to the above -referenced
matter.
If you have any questions, please do not hesitate to call me.
Sincerel
A Harris
i w:: on
JH: j 1
Enclosure
Cc: Nelly Giron, City Clerk (Resolution No. 9858)
E,-�cfusive(y Industriaf
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I hereby certify that the following documents constitutes the complete
Administrative Record of the proceedings before respondent City of Vernon in connection
with the proposed Amendment.to the Central Basin Groundwater Adjudication to Provide
for Storage and Recovery of Ground water filed in the case of Central and West Basin
Water Replenishment District v. Charles Adams, Los Angeles County Superior Court Case
No. C786656:
1 . Agenda, February 9, 2009
2. Minutes, February 9, 2009
3. Resolution No. 9858 of the City Council of the City of Vernon Supporting
the Third Amendment to the Central Basin Groundwater Adjudication to Provide for
Storage and Recovery of Groundwater and Authorizing the City to do all Actions Deemed
Necessary or Advisable Concerning Litigation Regarding the Amendment, February 9,
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on &�day of July 2009, at California.
Dated 2009
1261535.1
1284.003
: . 1;; 4'ui_1 A,_�
Nelly G" City 6A
CITY OF VERNON
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
September 16, 2009
VIA U.S. MAIL
Mr. Charles Parkin
Principal Deputy City Attorney
Office of the Long Beach City Attorney
333 W. Ocean Blvd., 11th Floor
Long Beach, CA 90802
Re: City of Cerritos, etc. v. -
Water Replenishment District, et al.
LASC Case BS120643
Dear Charles:
Enclosed please find a check payable to Meyers Nave in the sum
of $4,383.29, which represents Vernon's share of attorney fees
in the above -referenced matter.
Thank you for your cooperation and courtesy in this matter.
Very truly yours,
Jeff A. Harrison
JH: em
Enclosures -Check No. 327027
cc: Nelly Giron, City Clerk (w/ encls.) (Resolution No. 9858)
EXchtsively 1-ndustriaf
CITY OF VERNON ACCOUNTS PAYABLE CHECK NO. 327027
M
7 OF M
m 7mg; WALW - M 7 WMMtWoo4rWMW WoMp M� prQ7, TTI�
2009070887 09/08/2009 7/09 LEGAL SERVICES 0.00 4,383.29
4,383.29
PLEASE DETACH BEFORE DEPOSITING
COPY
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
De.c6mber 3, 2009
Via U.S. mail
Charles Parkin, Esq.
Principal Deputy City Attorney
Office.,of the Long Beach City Attorney
333 W. Ocean Blvd., 11th Floor
Long Beach, CA 90802
Re: Cit_y of Ce-rritos, etc. v. Water Replenishment Districct, et
al.; LASC Case No. BS120643
Dear Charles:
Enclosed please find a check payable to Meyers Nave Ln the sum
of.$2,358.64, which represents Vernon's share of fees for legal
services -rendered during October 2009 in the above -'referenced
matter.
If you have any questions, please do not hesitate to call me.
Ver truly yours,
Jeff A. Harrison
JH-jl
Enclosure -Check No. 328122
cc: Nelly Giron, City Clerk (Resolutior-, lqo. 9858)
E,,�cfusivefy Industrid
KFff
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
January 6, 2010
VIA U.S. MAIL
Mr. Jim Glancy
Director of Water Resources
City of Lakewood
P.O. Box 220
Lakewood, CA 90714
Re: Central and West Basin Water Replenishment District, etc.
v. Charles E. Adams, et al.
LASC No. C786656
Dear Jim:
Enclosed please find a check payable to the City of Lakewood in
the sum of $620.89, which represents Vernon's share of attorney
fees in the above -referenced matter.
Thank you for your cooperation and courtesy in this matter.
Very truly yours,
Jeff A. Harrison
JH: em
Enclosures -Check No. 328519
cc: Nelly Giron, City Clerk (w/ encls.) (Resolution No. 9858)
Ex,,chusively Industn�af
CITY OF VERNON ACCOUNTS PAYABLE CHECK NO. 328519
an
010510-1 01/05/2010 GROUNDWATER STORAGE LITIGATION 0.00 620.89
620.89
PLEASE DETACH BEFORE DEPOSITING
E ri
I
COPY
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
February 10, 2010
Via U.S. Mail
Charles Parkin, Esq.
Principal Deputy City Attorney
Office of the Long Beach City Attorney
333 W. Ocean Blvd., 1 1th Floor
Long Beach, CA 90802
Re: City of Cerritos, etc. v. Water Replenishment District, et
al.; LASC Case No. BS120643
Dear Charles:
Enclosed please find a check payable to Meyers Nave in the sum
of $3,977.51, which represents Vernon's share of fees for legal
services rendered during December 2009 ($2,959.26) and January
2010 ($1,018.25) in the above -referenced matter.
If you have any questions, please do not hesitate to call me.
Vejy truly yours,
WILLARD G. YA AG CH
V tt
Chief Deputy y Attornev
WY: j 1
Enclosure -Check No. 328853
cc: Nelly Giron, City Clerk (Resolution No. 9858)
E,-�Cc(usivefy Industriaf
CITY OF� VERNON ACCOUNTS PAYABLE CHECK mr) 14 1) A A rl 14
2009120987 12/31/2009 LEGAL SERVICES 12/09 0.00 2,959.26
2010010252 01/31/2010 LEGAL SERVICES 01/10 0.00 1,018.25
3,977.51
P1 I=A-qF= nPT&r'W Pr-g:r)DP n�DnQlTlkf�
-AV. - -
4305 Santa Fe Avenue, Vemon, Califomia 90058
Telephone (323) 583-8811
April 19, 2010
Mr. Charles Parkin
Principal Deputy City Attorney
Office of the Long Beach City Attorney
333 W. Ocean Blvd., 11th Floor
Long Beach, CA 90802
VIA U.S. MAIL
Re: Cit_y of Cerritos, etc. v.-, Water Replenishment District, et
al.; LASC Case BS120643
Dear Charles:
Enclosed please find a check payable to Meyers Nave in the sum
of $37.90, which represents Vernon's share of fees for legal
services rendered during March 2010 in the above -referenced
matter.
.If you have any questions,
V ry truly yours,
WILLARD G. M UC
t PYG
ity ttorr
Chief Deput . ty Attorney
WY: em
Enclosure -Check No. 329651
please do not hesitate to call me.
cc: City Clerk (Resolution No. 9858)
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Y
CITY OF VERNON ACCOUNTS PAYABLE CHECK NO. 329651
W lffimft�u IMIMMUWAMMIUMMM
041210-1 04/12/2010 LEGAL SERVICES 03/10 0.00 37.90
37.90
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