Petition for Appt of Watermaster Members
Transcription
Petition for Appt of Watermaster Members
i 2 a J 4 5 6 -l EXEMPT FROM FILING FEES covERNMENT CODE S 6103 NOSSAMAN LLP FREDERIC A. FUDACZ, State Bar No. 050546 ALFRED E. SMITH, State Bar No. 186257 777 South Figueroa Street Thirty-Foutlh Floor Los Angeles, California 90017 Telephone : (213) 612-7 800 Facsimile: (213) 612-7801 [email protected] [email protected] Attorneys for Main San Gabriel Basin Watermaster 8 9 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA t2 FOR THE COUNTY OF LOS ANGELES 13 T4 UPPER SAN GABRIEL VALLEY MUNICIPAL WATER DISTRICT, 15 Plaintiff, t6 Case No. C924 128 PETITION FOR APPOINTMENT OF WATERMASTER MEMBERS FOR CALENDAR YEAR 2015 TERM T7 V. Hearinq 18 CITY OF ALHAMBRA, et al., Date: December 18,2014 Time: 9:30 a.m. Defendants. 19 Place: Dept.38 20 2l The Main San Gabriel Basin Watermaster ("Watermaster") respectfully 22 ¿3 petitions this Court for Appointment of Watermaster members for Calendar Year 2015, as 24 follows: 1. 25 Pursuant to Section 29 (b) of the Amended Judgment herein, a meeting 26 of all parties herein was held on November 5, 2014, wherein six producer representatives 27 were elected as producer representative nominees to Watermaster for the calendar year 28 ul oFWATERMASTERMEMBERsFoRcALENDARYEAR2015TERM 1 2015, namely, CHET ANDERSON, DAN ARRIGHI, JAMES BYERRUM, CRAIG GOTT, 2 BENJAMIN LEWIS, and DAVID MICHALKO. Attached hereto, marked Exhibit "4" and by this reference incorporated herein J 4 and made a part hereof as though fully set forth herein, is the Certificate of Anthony 5 Zampiello, Executive Officer of Main San Gabriel Basin Watermaster, certifying said elected 6 prod ucer representative nominees. 2. 7 Pursuant to Section 29(c) of the Amended Judgment herein, the Board 8 of Directors for the Upper San Gabriel Valley Municipal Water District ("Upper District") has 9 selected two of its members, namely, CHARLES M. TREVINO and ANTHONY R. FELLOW, 10 as public representative nominees to Watermaster for the calendar year 2015. Attached hereto, marked Exhibit "B" and by this reference incorporated herein 11 12 and made a part hereof as though fully set forth herein, is the Certification of Shane 13 Chapman, Upper District General Manager, certifying said public representative member t4 nominations. 3, 15 Pursuant to Section 29(c) of said Judgment, the Board of Directors of t6 the San GabrielValley Municipal Water District ("SGVMWD") will select its public T7 representative member nominee to Watermaster for the calendar year 2015 at SGVMWD's 18 regularly scheduled public meeting on December 8, 2014. Watermaster will lodge T9 SGVMWD's certified nomination with the Courl at or before the time of hearing on this 20 matter. Pursuant to section 29(d) of the Amended Judgment herein: "Watermaster 2I 22 nominations may be promptly certified by the Court upon 10 calendar days' notice thereof, ZJ plus the time prescribed by statute for service by mail, e-mail or other electronic means." 24 WHEREFORE, WATERMASTER PRAYS: 25 1. For an Order of the Court confirming the appointments of CHET 26 ANDERSON, DAN ARRIGHI, JAMES BYERRUM, CRAIG GOTT, BENJAMIN LEWIS 27 DAVID MICHALKO as producer representatives to Watermaster; 28 ilt 464646 1 ANd -2- perlnon¡ FoR AppotNTNIEñr or wATERMASTER MEMBERS FoR cALENDAR YEAR 2015 TERM 2. i 2 a J For an Order of the Court confirming the appointment of CHARLES TREVINO and ANTHONY FELLOW as Upper Disirict's public representatives to Watermaster; 3. 4 For an Order of the Court confirming the public representative 5 nominated by SGVMWD at its regularly scheduled public meeting on December 8, 2014; 6 and, 7 4. For such other and further orders as the Court deems just and proper. 8 9 10 DATED: November 19,2014 NOSSAMAN LLP Frederic A. Fudacz Alfred E. Smith 11 t2 13 Attorneys for Main San Gabriel Basin Watermaster l4 15 T6 I7 18 r9 20 2T 22 23 24 25 26 27 28 -J464646 | MEMBERS FOR CALENDAR YEAR 2015 TERM WATERMASTER OF PETITION FOR APPOINTMENT EXHIBIT A 1 STATE OF CALIFORNIA 2 COUNTY OF LOS ANGELES 3 MAIN SAN GABRIEL BASIN WATERMASTER SS. 4 5 l, ANTHONY ZAMPIELLO, 6 Executive Officer of the Main San Gabriel in Los Basin 7 Watermaster, do hereby certify that at the annual meeting of defendants I Superior Court Civil Action No. 924128, entitled Upper San Gabriel Valley Municipal Water o District vs. City of Alhambra, et a/., held November 5,2014, in accordance with Judgment 10 therein, the following persons were elected producer representative nominees of Watermaster 11 for the calendar year 2015'. 12 Chet Anderson Dan Arrighi 13 James Byerrum Benjamin Lewis 14 David Michalko Craig Gott 15 16 17 DATED: November 7,zolq 18 19 Zampiello 20 21 22 23 24 25 26 27 28 463909.v'1 Angeles EXHIBIT B CALIFORNIA 1 STATE OF 2 couNTYoF LOSANGELES J UPPER SAN GABRIEL VALLEY } 4 MUNICIPAL WATER DISTR]CT ) ) ) ) ) ) 5 6 l, Shane Chapman, General Manager of Upper San GabrielValley Municipal 7 Water District, do hereby certify that at the regular meeting of the Board of Directors of I said District held on November 4,2014, the following action was taken: 9 "Director Urias moved to nominate President Fellow and Director Treviño to serve as the Upper District's representatives to the Main san Gabriel Basin watermaster for calendar Year 2015. Secretary/Treasurer Touhey seconded the motion and was approved 4-0-1." t0 il l? t3 This action was taken in accordance with provisions of the Judgment in Los t4 Angeles Superior Court Case #924128, "Upper San GabrielValley MunicipalWater 15 District, plaintiff, vs. City of Alhambra, et al, defendants." 16 t7 Shane Ghapman General Manager 18 t9 2t Dated this 4rh day of November, 2014, at Monrovia, California 2T 22 23 1¿l (sEAL) ,s 26 27 28 -t-