mrca lawsuit re whittier oil project

8/2/2019 MRCA Lawsuit Re Whittier Oil Project

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e ePIRCHER, NICHOLS & MEEKSJAMES L. GOLDMAN (State Bar Number 57127)FERNANDO VILLA (State Bar Number 118386)J. MICHELLE HICKEY (State Bar Number 143463)1925 Century Par.k Ea~t, Suite 1700 \ /Los Angeles, California 90067 \ ,f1.i:"V fI

Telephone: 310.201.8900 \. ~\YFacsimile: 310.20 1.8922 ~\

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8368680.2

Attorneys for Petitioner/Plaintiff MountainsRecreatiQn and CQnservation Authority

EXEMPT FROM FILING FEESGOV. CODE 6103

FILEDSUPERIOR COURT OFCALlFORNlA

COUN OF LOS ANGELES

FEB 2 4 2012

John A. c, Eccutivc Offcer/ClerkBY ~~~Wesley

9

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRlCT

10

1 1 MOUNTAINS RECREATION ANDCONSERVATION AUTHORITY, ajoint

12 powers agency,

13 Plaintiff,

14 Ys.i 5 CITY OF WHITTIER; CITY COUNCIL OF

CITY OF WHITTIER; COUNTY OF LOS16 ANGELES, LOS ANGELES COUNTY

BOARD OF SUPERVISORS; LOS17 ANGELES COUNTY REGIONAL PARK

AND OPEN SPACE DISTRICT AND DOES18 1-50,

i 9

20

Respondents/Defendants.

MA TRIX OIL CORPORATION; CLAYTON21 WILLlAMS ENERGY, INC. PUENTE

HILLS LANDFILL NATIVE HABITAT22 PRESERV A TION AUTHORITY,

. 23 Real Parties in Interest,

24

Casc No. ~ ,,If.85136211

VERIFIED PETITION FOR WRIT OFMANDATE AND COMPLAINT

1) VIOLATION OF PROPOSITION AAND THE PUBLIC TRUSTDOCTRINE;

2) SPECIFIC PERFORMANCE;3) BREACH OF CONTRACT;

4) DECLARATORY RELIEF; AND5) INJUNCTIVE RELIEF.

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25 Petitioner and Plaintiff Mountains Recreation and Conservation Authority ("MRCA"),

26 alleges as follows:

27

28

VERIFIED PETITON FOR WRIT OF MANDATE AND COMPLAJNT


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e ePARTIES

2 1. MRCA is a joint powers authority of the State of California created pursuant to

3 California Government Code section 6500, et seq. MRCA has as part of its Charter the perpet

4 protection of wilderness and open space.

5 2. Respondent and Defendant City of Whittier ("City") is and at all relevant times herein

6 wasi tl a!ifQmiEl ChElrter City located in the County of Los Angeles.

7 3. Respondent and Defendant, City Council of Whittier ("Council"), is the legislative

8 body, the governing board and the highest administrative body of the City.

9 4. Respondents and Defendants County of Los Angeles and Los Angeles County Board

10 of Supervisors ("Board f Supervisors") is the legislative body charged with the formation of

i i Los Angeles County Regional Park and Open Spacc District and levying assessments to fund the

12 purposes of the District, pursuant to Los Angeles County Proposition A, Safe Neighborhood

13 Parks, Gang Prevention, Tree-Planting, Senior and Youth Recreation, Beaches and Wildlife

14 Protection ("Proposition A").

15 5. Respondents and Defendants, Los Angeles County Regional Park and Open Space

16 District ("District") was establ ished by the Los Angeles County Board of Supervisors for, am

17 other things, the purpose of improving the safety of recreation areas, acquiring, restoring and..wI- 18 preserving parks, wildlife and open space resources for all residents and charged with establis

19 assessments to be levied to fund the purposes of the District and to benefit property throughout the

20 Dtit,

21 6. Respondents and Defendants, County of Los Angeles, Board of Supervisors and

22 District shall be referred to as "County RespondentslDefendants."

23 7. Real Party in Interest, Matrix Oil Corporation ("Matrix") is a private, for profit, oil and

24 natural gas production California corporation doing business in the State of California, County of25 Los Angeles.

26 8. Reai Party in Interest, Ciayton Wiliams nergy, lnc, ("CWEP), is a DeIaware

27 Corporation doing business in the State of California, County of Los Angeles.

28 9. Real Party in Interest, Puente Hils Landfill Native Habitat Preservation Authority

iVERIFIED PETITON FOR WRIT OF MANDATE AND COMPLAINT


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e e("Habitat Authority") is a public agency, Joint Powers Authority with a Board of Directors

2 consisting of the City of Whittier, Los Angeles County and the Los Angeles Sanitation District

3 and Hacienda Heights Improvement Association, The Habitat Authority manages wilderness land

4 in the hills for the City of Whittier.

5 10. The true names and capacities of Respondents/Defendants, DOES 1 through 50,

6 inlusivt art presently unknown to MRCA. Therefore! DOES i through 50 are sued herein under

7 such fictitious names. MRCA is informed and believes, and based thereon alleges, that DOES i

8 through 50 participated in the acts and conduct which are the subject of this Complaint. MRCA

9 will amend this Petition for Writ of Mandate and Complaint to show the true names and capacities

10 of such fictitious Respondents/Defendants when the same have been ascertained.

11 GENERAL ALLEGA TiONS

12 i 1. The Council and the City have taken and indicate that they will continue to take steps

i 3 to allow Matrix and its partner CWEI to explore, drill, pipe and process oil and gas reserves (the

i 4 "Oil and Gas Drilling Activities") from property ("Future Oil Fields") located in the County of

15 Los Angeles a portion of which is set aside for open space, habitat preservation and recreational

16 use in perpetuity. Such future actions include the City seeking approval from the County

i 7 Respondents/Defendants of such Oil and Gas Drillng Activities. Respondents and Defendants

18 and Real Parties in Interest all stand to monetarily or otherwise benefit from such Oil and Gas

19 Drilling Activities while the public stands to lose the unimpaired use of the set aside open space,

20 habitat preservation and recreation areas that Respondents and Defendants have an obligation to

2 i protect.

22 12. A portion of the Future Oil Fields is located on 960 acres of unimproved real property

23 in the County of Los Angeles that has been set aside and preserved for open space, habitat and

24 recreational purposes (the "Open Space"). Included within such Open Space is approximately 600

25 acres (the "Conservation Easement Area") set aside and preserved for the p~rpose of habitat

26 preservation, replacement, enhancement, creation, maintenance and restoration and other

27 environmental mitigation purposes (the "Conservation Easement"). The above Open Space and

28 Conservation Easement Area were preserved in perpetuity for the above purposes through a series

2VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT


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e eof agreements, including an agreement between MRCA and City, easements and deed restrict

2 and the requirements of Proposition A. The Open Space forms a part of the Puente Hills Native

3 Habitat Reserve which has rightly been set aside for open space and habitat preservation.

4 13. Pacific Coast Homes ("PCH") obtained an option from Chevron U.S.A. Inc.

5 ("Chevron") to acquire the Open Space. On or about August 2' 1995, PCH entered into an

6 agreement to sell the Open Space to The Trust For Public Land ("TPL") with the intent of both

7 parties that such property be preserved and used eventually for open space and recreational

8 purposes (the "PCH Agreement"). Such PCH Agreement provided a reservation of the right to

9 grant and transfer the Conservation Easement Area within the Open Space for the purpose of

i 0 habitat preservation, replacement, enhancement, creation, maintenance and restoration and other

1 1 environmental mitigation purposes through the Conservation Easement. In addition, such PC

12 Agreement provided a reservation of the right to incorporate the Conservation Easement Area int

13 a Habitat Conservation Plan ("HCP").

14 14. On or about December 12, 1995, MRCA entered into an agreement to purchase the

15 Open Space from TPL with the intent of both parties that such property be preserved and used

16 eventually for open space and recreational purposes (the "TPL Agreement"). Such TPL

i 7 Agreement, consistent with the PCH Agreement, provided a reservation of the right to grant a18 transfer the Conservation Easement Area within the Open Space for the purpose of habitat

19 preservation, replacement, enhancement, creation, maintenance and restoration and other

20 environmental mitigation purposes through the Conservation Easement. In addition! such TP

21 Agreement, consistent with the PCH Agreement, provided a reservation of the right to incorporate

22 the Conservation Easement Area into a HCP,

23 i 5. On or about December 20, i 995, MRCA entered into an agreement to sell the Open

24 Space to City with the intent of both parties that such property be preserved and used eventua25 for open space and recreational purposes (the "MRCAlWhittier Agreement"). Such

26 MRCAlWhittier Agreement, consistent with the PCH and TPL Agreements, provided a

27 reservation of the right to grant and transfer the Conservation Easement Area within the Open

28 Space for the purpose of habitat preservation, replacement, enhancement, creation, maintenan



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e eand restoration and other environmental mitigation purposes through the Conservation Easement.

2 In addition, such MRCA/Whittier Agreement, consistent with the PCH and TPL Agreements, .

3 provided a reservation of the right to incorporate the Conservation Easement Area into a HCP.

4 16. The MRCNWhittier Agreement required that the City maintain the Open Space for

5 open space and recreation purposes in perpetuity. The MRCA/Whittier Agreement and the deed

(5 transferring title ("MRAlWhittier Deed") both require compliance with and obligate City to take

7 the Open Space subject to the Declaration and Easement of Restricted Uses (the

8 "Declarationasement") and its Permitted Uses (as that term is defined below), to assume the

9 conservatioll duties and to notify Chevron in case an oil and gas well is discovered so Chevron

10 could plug and abandon it. As part of the MRCNWhittier Agreement, City agreed to accept title

1 I subject to the provisions provided in Section 6 of the PCH Agrccmcnt and agreed to assume the

12 obligations set forth in Section 6.3 of the PCH Agreement. Section 6 of the PCE Agreement

i 3 provides for the reservation of the right to grant and transfer the Conservation Easement and the

14 reservation of right to incorporate the Conservation Easement Area into an HCP. Section 6.3 of

i 5 the PCH Agreement's obligations included an agreement to cooperate with the use of the

16 Conservation Easement area and implementation of the HCP.

17 17. The recorded Declaration/Easement provided among other things that the purpose of

18 the Conservation Easement is to place an easement over the Conservation Easement Area which

19 land will be retained forever in a natural, undeveloped open space condition (subject to those uses

20 permitted in the Declaration) and for wildlife habitat and habitat restoration purposes and 10

21 prevent any use of the Conservation Easement Area that will impair or interfere with the

22 conservation values of the Open Space. The Declaration/Easement further provided that it was

23 intended to limit the use of the Conservation Easement Area to activities consistent with such

24 purpose and specifically limits the uses to public hiking, biking and horseback trails, habitat

25 preservation, construction and maintenance of same, fire prevention, security and oil field

26 remedial cleanup (the "Permitted Uses"). The Declaration/Easement prohibits any activity or use

27 which is inconsistent with habitat preservation purposes or these Permitted Uses, and requires that

28 all successor owners be bound by its terms. The Declaration/asement specifically states that the

4VERIFIED PETITION FOR WRIT OF MANDA TE AND COMPLAINT


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e eGrantee of the Conservation Easement shall be deemed to specifically include MRCA and the

2 City. The Declaration/asement specifically provides that Grantee shall undertake all reasonable

3 actions to prevent activities that may degrade or harm the biological values of the land.

4 18. The Santa Monica Mountains Conservancy (the "SMMC"), MRCA and Whittier used

5 funds allocated to these agencies under Proposition A for MRCA to acquire the Open Space, and

6 fQr Whittier to purchase it from MRCA for the express purpose of preservation of parks and open

7 space lands in perpetuity. The recipient of Proposition A funds must own and maintain property

8 acquired by such funds in perpetuity and use it only for these purposes. The agreements entered

9 with the District that govern the expenditure of the grant of Proposition A funds for the SMMC

10 and MRCA parallel these requirements and MRCA is informed and believes and on that basis

11 alleges that the agreements entered with the District that govern the expenditure of the grant of

12 Proposition A funds for Whittier parallel these requirements (collectivey the "District Prop. A

13 Agreements"). At a minimum, the City must obtain approval ofMRCA and the County

14 Respondents and Defendants prior to changing the use of the Open Space pursuant to the

15 MRCAlWhittier Agreement and Proposition A and the related funding documents. Despite such

i 6 requirement, the City has not obtain MRCA ApprovaL.

i 7 i 9. City and Council ignored such obligations to protect the Open Space and to obtain

18 MRCA's approval prior to seeking to impair the use of the Open Space when it entered into a

i 9 contract on or about October 28, 2008 and amended such contract on or about April i 2, 20 l 1 with

20 Matrix and CWEI for the Oil and Gas Drilling Activities conditioned upon obtaining all approvals

("Whittier/Matrix Contract") and when City and Council adopted Resolution No. 8424 (the

"Resolution") entitled "A Resolution Of The City Council Of The City Of Whittier, California,

Approving Conditional Use Permit No. CUP09~004 To Allow The Development And Operation

Of The Whittier Main Oil Field Project Located On City Owned Land Within The Puente HillsLandfill Native Habitat Preservation Authority Area (Formerly The Whittier Main Oilfield)

Oenerally Located North f Mar Vista Street And West f Colima Road" on or about November

28,2011. City did not obtain MRCA's approval prior to taking such actions and did not even

place MRCA on the Public Notification List for the Environmental Impact Report that the City



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e eprepared in connection with its approval of the CUP. The Resolution grants Conditional Use

2 Permit No CUP09-004 (the "CUP") allowing for the Oil and Gas Drilling Activities in the Future

3 Oil Fields, including in the Open Space area.

4 20. The City approved such CUP despite the numerous comments that raised the fact that5 the Oil and Gas Drilling Activities would harm the open space, habitat and recreation uses of the6 area, !l1h.iding the Open Spie. Indee, it ignored such comments from The Wildlife Corridor

7 Conservation Authority ("WCCA") that MRCA directed be submitted. SMMC, MRCA and

8 WCCA partner together to acquire, preserve and improve open space and parklands. SMMC i

9 member of seven joint powers authorities, including the joint power authorities MRCA and

10 WCCA.

21. On or about February 15,2012, MRCA scnt a Ictter to Ms. Ilona Volkman, District

Administrator of the Los Angeles County Regional Park and Open Space District care of the Los

Angeles County Department of Parks and Recreation setting forth the fact that the Oil and Gas

Drilling Activities will violate the limited uses of the Open Space allowed by Proposition A, theDistrict Prop. A Agreements, MCRA/Whittier Agreement and the Declaration/Easement and th

the City and County Respondents/Defendants cannot proceed to seek approval of, approve or

otherwise allow such activities with the prior approval ofMRCA. City, Council and County

Respondents/Defendants should not be allowed to continue down this path of undoing the

protection afforded to the Open Space to which MRCA, SMMC, City, Council, County

Respondents/Defendants all previously agreed. At i minimum, sLlch defendimts should be mad.e

to seek the approval of MRCA for such a drastic change in use that violates the very tenants of

MRCNWhittier Agreement and the restrictions placed on the granting and use of Proposition A

funds. Indeed, the Oil and Gas Drilling Activities will burden the public and its rights to the

unimpaired open space, habitat protection and recreation uses of the Open Space. On the other

hand, Respondents and Defendants stand to financially or otherwise benefit and it is clear that th

wili continue to seek to obtain or to grant the approvals necessary to aIlow the Oil and Gas

Drilling Activities unless the relefrequested by MRCA is granted.

22. MRCA brings this action as a "private attorney general," pursuant to California Code

6VERIFIED PETITION FOR WRIT OF MANDA TE AND COMPLAINT


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e eof Civil Procedure i 02 1.5 because it will enforce important rights affecting the public interest,

2 including, but not limited to, the protection of the open space, habitat and recreation uses of the

3 Open Space for the public. MRCA's expenditure of costs to prosecute this proceeding will confer

4 a significant benefit on the general public by protecting the environment. As a consequence,

5 MRCA is entitled to an award of its attorneys' fees and costs for undertaking this action.

6 JURISDICTION AND VENUE7 23. The conduct that is the subject of this action occurred and the property that is the

8 subject of this action is located within this judicial district and the action is being brought within

9 the County that the City, Council and County Respondent/Defendants are located. Moreover, the

10 MRCAlWhittier Agreement provides that the agreement shall be governed and construed in

i 1 accordance with the laws of the State of California and that the venue for any proceeding shall be

12 the County of Los Angeles and the MRCAlWhittier Deed was recorded in Los Angeles County.

13 In addition, the Court has jurisdiction over this action pursuant to Section 1085, 1094.5 and 187 of

14 the Code of Civil Procedure and this action is subject to the provisions of Sections 394 and 395 of

15 the Code of Civil Procedure.

16 24. MRCA has mailed a copy of the Petition for Writ of Mandate and Complaint to the

17 State Attorney General.

18

19

20

FIRST CAUSE OF ACTION

(Against City, Council and Does 1-50

For Violation of Proposition A and the Public Trust Doctrine!

MRCA repeats, repleads, and realleges Paragraphs i through 24, inclusive, as1 25.

22 though set forth in fulL.

23 26. The Open Space was purchased using Proposition A funds pursuant to the

24 MRCAlWhittier Agreement, the District Prop. A Agreements and related document to be held in

25 perpetuity for ,the stated purposes of open space, habitat protection and recreation for the public.

26 27. City, Council and Does 1-50 contend that they have the right to change the Open

Ii 27 Space purpose and use from open space, habitat protection and recreation for the public toN"

j; 28 commercial mineral extraction.if'

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VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT


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e e28. MRCA contends that Proposition A, the MRCA/hittier Agreement, the District

2 Prop. A Agreements and related documents require that the Open Space be held in "trust" for the

3 public under the "Public Trust Doctrine."

4 29. Proposition 218, the Right to Vote on Taxes Act, requires that real property benefit

5 assessments be calculated based on the benefit a parcel wil receive as a result of the project

6 timinced. The California L~gslaturt ondut~d a b~n~fit aSSessment in Public Resources Codei

7 Section 5539.9(k) which declared a legislative intent that the benefit to all residents of the County

8 of Los Angeles. Proposition A conveyed to voters the premise that the real property assessment it

9 created would be of equal benefit to all real property owners in the County of Los Angeles who

i 0 pay the Assessment.

i 1 30. The actions of City, Council and Does 1-50 to obtain approval of the Oil and Gas

12 Drilling Activities, including the entering into the Whittier/Matrix Contract and approval of the

13 CUP and actions to obtain the approval of the County Respondents/Defendants violate the public

14 trust doctrine and would allow City and the property owners of Whittier to receive a greater

15 benefit in violation of Proposition 218. Whittier property owners will receive a disproportionate

16 benefit to that previously approved by county voters in that Whittier is taking the Open Space land

i 7 out of service in violation of the land use restrictions placed on it by Proposition A, the

18 MRCAlWhittier Agreement, the District Prop. A Agreements and related documents, by violating

i 9 the common law Public Trust and by denying voters outside of Whittier their right to vote on the

20 cQnsequential change in th~ distribution Qfbtn~fits betwei;m Whitt~r and County prop~rty Qwners,

21 . 31. California courts have long recognized the Public Trust Doctrine, as have the courts

22 in other states, and have extended it to situations beyond application to navigable waters.

23 32. City received Proposition A funding to purchase open space to be held in perpetuity

24 for the public to enjoy feely without discrimination as to race, color, sex, sexual orientation, age,

25 religious belief or, place of residence. The purchase of this land with Proposition A funding

26 creates a Public Trust. MRCA contends that Proposition A requires a public agency to consider

27 the Public Trust aspects of any disposition of the Protected Area. Consistent with the Public Trust

28 Doctrine, this would mean that City can not change the use of the Open Space for its own revenue



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2 33. Therefore, an order from this Court is necessary to declare that the Open Space was

3 purchased by Proposition A funds pursuant to Proposition 218 and purchased in trust for the

4 public and, thus, the Public Trust Doctrine applies and the property cannot be converted to a use

5 inconsistent with Proposition A. Thus the actions taken by City and Council in entering into the

6 Whittier/Matrix CQntnit and awarding the UP and s~eking approval from the County

7 Respondents/Defendants are void.

8 SECOND CAUSE OF ACTION9 IAgnsl RcspfidcfitslDefdts City, Councl and Does 1-50 For Specific Performancel

10 34. MRCA repeats, repleads, and realleges Paragraphs I through 33, inclusive, as

1 I though set forth in full.

12 35. MRCA has performed all conditions, covenants, and promises required on its part

13 to be perfornied in accordance with the terms and conditions of the MRCNWhittier Agreement,

14 including transferring title of the Open Space to City, except for matters excused by Defendants

15 and Respondents breach of the MRCNWhittier Agreement.

16 36. City, Council and Does 1 -50 have filed to perform City's obligations under the

17 MRCNWhittier Agreement in that contrary to such obligations City, Council and Does i -50 have

i 8 not limited use of the Open Space to open space, habitat preservation and recreation but, instead,

i 9 have taken actions to allow the Open Space to be used for oil and gas exploration driling, piping

20 md proessing of oil and gas reserves, SLlh Responkiis aml Defendantsi moreoveri have

21 indicated that they plan to continue to take actions that will eventually allow the Open Space to be

22 used for oil and gas exploration, drilling, piping and processing of oil and gas reserves.

23 37. MRCA has ft adequate legal remedy in that damages, if awarded, wil be inadequate

24 to compensate for the detriment suffered by MRCA and the public.25 THIRD CAUSE OF ACTION26 (Against Respondents/Defendants City, Council and Does I-50 For Breach of Contract)27 38. MRCA repeats, repleads, and realleges Paragraphs 1 through 37, inclusive, as

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e e39. City, Council and Does i -50 have breached the MRCAfhittier Agreement in that

2 contrary to such agreement City, Council and Does 1-50 have not limited use of the Open Space to

3 open space, habitat preservation and recreation but, instead, have taken actions to allow the Open

4 Space to be used for oil and gas exploration drillng, piping and processing of oil and gas reserves.

5 In addition, such actions are a breach of the Declaration/Easement of which MRCA is a named

6 Grantee and which the City is required to comply with pursuant to its own terms and as a

7 requirement of the MRCAlWhittier Agreement.

8 40. As a legal result of City, Council and Does I-50's breach, MRCA has been damaged in

9 an amount in excess of the minimum jurisdictional limit of this Court.

10 FOURTH CAUSE OF ACTION

1 1 IAgainst All Respondents and Defendants For Injunctive Relief!

12 41. MRCA repeats, repleads, and realleges Paragraphs 1 through 40, inclusive, as

i 3 though set forth in fulL.

14 42. The MRCAlWhittier Agreement required that the City maintain the Open Space for

15 open space, habitat and recreation purposes in perpetuity and to prevent the use of such Open

16 Space for activities that would impair or interfere with such purposes. In addition, the

17 MRCAlWhittier Agreement requires the City to comply with the Declaration/Easement which

i 8 provides that the Grantee undertake all reasonable actions to prevent activities that may degrade or

19 harm the biological values of the land. Both MRCA and the City are specifically named as

20 Grantees in the Declaration/Easement.

21 43. Moreover, the SMMC, MRCA and Whittier used funds allocated to these agencies

22 under Proposition A for MRCA to acquire the Open Space, and for Whittier to purchase it from

23 MRCA, for the express purpose of preservation of parks and open space lands in perpetuity. The

24 recipient of Proposition A tnds must own and maintain property acquired by such funds in

25 perpetuity and use it only for purpose of preservation of parks and open space lands. The District

26 Prop. A Agreements parallel this requirements.

27 44. The Oil and Gas Driling Activities violated the limited uses allowed by

28 Proposition A, the District Prop. A Agreements, the MCRAWhittier Agreement and the



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e eDeclaration/Easement. These oil and gas exploration, drilling, piping and processing of oil and

2 gas reserves uses lie well beyond the limited uses allowed by these legal instruments and could

3 jeopardize preservation of open space, habitat and recreation. As a consequence, any proposed

4 change in use, especially oil and gas activities, would require at a minimum the consent of the

5 MRCA. City has not obtained the necessary approvals of such change of use. City and County

6 Respondents/Defendants cannot proceed to take actions allowing Oil and Gas Drilling Activities

7 without at a minimum obtaining the prior approval of the MRCA.

8 45. On or about February 15,2012, MRCA sent a letter to Ms. Ilona Volkman, District

9 Administrator of the Los Angeles County Regional Park and Open Space District clo the Los

10 Angeles County Department of Parks and Recreation setting forth the fact that the Oi l and Gas

1 1 Drilling Activities violate the limited uses allowed by Proposition A, the District Prop. A

i 2 Agreements, the MCRAWhittier Agreement and the Declaration/Easement and that the City and

13 County Respondents/Defendants cannot proceed to take actions approving the Oil and Gas

14 Drilling Activities without obtaining the prior approval of the MRCA.

15 46. Neither the City nor the County Respondents/Defendants have sought approval

16 from MRCA.

17 47. If the Oil and Gas Activities are allowed to moveforward, great and irreparable

18 injury wil occur, including irreparable harm of the open space, habitat and recreation uses of the

19 Open Space that MRCA, as well as SMMC, obtained the Proposition A funds for and entered in to

20 the MCRAWhittier Agreement to protect. In addition allowing the City and County

21 RespondentslDefendants to proceed in moving forward with sch oil and gas activities without

22 obtaining at a minimum the approval of MRCA, wil deny the public the advocacy of a public

23 agency whose mission it is to protect the open space, habitat and recreation uses of the Open

24 Space and other lands for the benefit of the public. Accordingly, MRCA lacks an adequate25 remedy at law if the City and County Respondents/Defendants are allowed to continue down this

26 path of undoing the protection afforded to the Open Space to which MRCA, SMMC, City,

27 Council, County RespondentslDefendants all previously agreed.

28.

i 1



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..~t3 8680.2

e eFOURTH CAUSE OF ACTION

2

3 48.

(Against All Respondents and Defendants For Declaratory Relief)

MRCA repeats, repleads, and realleges Paragraphs I through 47, inclusive, as

4 though set forth in fulL.

5 49. An actual controversy has arisen and now exists between MRCA and Defendants

6 and Respondents with respet to th following: (1) wlwthr l)fndants and Respondents have the

7 right to allow any uses, including but not limited to the oil and gas activities, that would impair the

8 open space, habitat preservation and recreation use purposes that the Open Space was acquired

9 and preserved for and (2) whether Defendants and Respondents are required to obtain approval

10 from MRCA for a use that would impair the open space, habitat preservation and recreation use of

1 i the Open Space. MRCA contends that the MRCAlWhittier Agreement and related documents,

12 including the Declaration/Easement, and Proposition A prohibit Defendant and Respondents from

13 taking actions that would allow any uses, including but not limited to the oil and gas activities, that

14 would impair the open space, habitat preservation and recreation use purposes that the Open Space

15 was acquired using Proposition A funds and preserved for and from failing to obtain approval

16 from' MRCA prior to allowing a use that would impair the open space, habitat preservation and

17 recreation use of the Open Space. MRCA is informed and believes and thereon alleges that

i 8 Defendants and Respondents disagree with MRCA's contention.

19 50. MRCA desires a judicial determination of its rights and duties, and a declaration as

20 to which party's assertions ar orrt,

5 i. A judicial declaration is necessary and appropriate at this time under the

circumstances in order for MRCA to confirm that its approval is required prior to allowing a use

that would impair the open space, habitat preservation and recreation purposes that the Open

Space was acquired using Proposition A funds and preserved for. In addition, such judicial

declaration is necessary and appropriate at this time under the circumstances to protect the public

interest in the open space, habitat preservation and recreation purposes of the Open Space.



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8368680.2

e eFIFTH CAUSE OF ACTION

2 PRAYER FOR RELIEF3 WHEREFORE, Petitioner and Plaintiff MRCA demands entry of judgment and other rel

4 as follows:

5 52. That the Open Space purchased by City with Proposition A funds created a Public

6 Trust for th~ \ls~ and enjoyment of the general public.

7 53. That the Whittier/Matrix Contract and the approval of the CUP are void as against

8 public policy, in violation of Proposition A, the Public Trust Doctrine, the MRCAlWhittier

9 Agreement, the District Prop. A Agreements and related documents.

10 54. That Respondent and Defendants City, City Council and Does 1-50 be ordered to

11 hold the Open Space for open space, habitat prcservation and recreation purposes consistent with

12 its obligations under the MRCA/Whittier Agreement, the Declaration/Easement and Proposition

13 A;

14 55. That all Respondents and Defendants be ordered to obtain MRCA's approval prior

15 to seeking or granting approval of the Oil and Gas Drilling Activities and prior to allowing the Oil

16 and Gas Drilling Activities;

17 56. That Respondents and Defendants City, Council and Does i-50 be order to pay

18 MRCA's damages, according to proof;

19 57. For a temporary restraining order and preliminary and permanent injunctions

20 restraining Respondents and Defendants from attempting to taking any action to seek or grant

2 i approval of or otherwise allow the Oil and Gas Drilling Activities pending and following trial;

22 58. For a temporary restraining order and preliminary and permanent injunctions

23 requiring Respondents and Defendants to seek approval from MRCA prior to allowing the Oil and

24 Gas Drilling Activities;25

26

59. For an alternative and peremptory writs directing:

a. Respondents and Defendants to suspend and refran from undertaking any and

27 all activity to seek or grant approval of or otherws~ allow the Oil and Gas Drilling Activities, and

28 b. Respondents and Defendants to suspend and refrain from undertaking any and



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H368 680.2

e eall activity to seek or grant approval of or otherwise allow the Oil and Gas Drlling Activities p

2 to obtaining MRCA's approval;

3 60, For an award of attorneys' fees pursuant to California Code of Civil Procedure

4 Section 1021.5 and California Government Code Section 800,

5 Prejudgment interest;.

b. MRCA's costs of suit; and

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9 DATED: February 24, 2012

c. Such other and further relief as may be determined to be just and proper.

PIRCHER, NICHOLS & MEEKS

By O~~/l~es L. GoldmanAttoi4s for Petitioner/Plaintiff MountainsRecreation and Conservation Authority10

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mrca lawsuit re whittier oil project

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