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HomeMy WebLinkAboutContracts & Agreements_209-2020SETTLEMENT AGREEMENT 113 This Settlement Agreement (heremafter the "Agreement"), dated this tip day of 0C4Dbca/' 2020 is made and entered into by and among the Natural Resources Defense Council, Inc ("NRDC") and the City of Redlands (the "City") (collectively the "Parties"), who agree as follows RECITALS A On December 17, 2019, NRDC filed a verified petition for writ of mandate captioned NRDC v San Bernardino County et al , Superior Court of California, County of San Bernardino, Case No CIVDS 1937969 ("the Action"), which named the City of Redlands as a respondent The petition alleges that the City failed to submit annual reports regarding its water efficient landscape ordinance, and implementation and enforcement of that ordinance, for the calendar years 2015, 2016, and 2017, m violation of Cal Code Regs tit 23, §495 B After NRDC filed its petition, the Parties engaged in a series of informal settlement discussions The Parties agree that it is in their best mterests to settle their disputes without further litigation C Therefore, without admitting fault or hability, the Parties have agreed to resolve all clanns that exist between them arismg out of the allegations in NRDC's petition, as further set forth below AGREEMENT 1 Required action under this Agreement a The City shall submit complete, timely, and accurate Model Water Efficient Landscape Ordinance ("MWELO") annual reports to the Department of Water Resources ("DWR") for the next five years by the deadline established for such reports by DWR b The City shall post its MWELO annual reports on its public website within five business days of their submission to DWR c Within 15 days of the effective date of tlus agreement, the City shall subnut a letter to DWR identifying the supervisory position, and the current occupant of that position, with responsibihty for ensuring that MWELO regulations (including annual reporting) are implemented, and to whom correspondence regarding MWELO should be directed The City shall provide a copy of the letter to NRDC concurrent with its submission to DWR d Within 60 days of the effective date of this agreement, the City shall re -submit to DWR its MWELO annual reports for calendar years 2015, 2016, 2017, and 2018 to correct the 1 statement therein that its local WELO enacted in 2009 is at least as effective as 2015 MWELO, and shall also file a complete, timely and accurate MWELO annual report for calendar year 2019 The City shall send copies of all such reports to NRDC within 48 hours of submission to DWR. e. Within 90 days of the effective date of this agreement, City staff shall prepare and present to the City Council a recommendation to amend the Redlands Municipal Code to adopt the 2015 version of the MWELO or a local ordinance that is at least as effective in conserving water as the 2015 MWELO f. Within 90 days of the effective date of this agreement, City staff shall prepare and present to the City Council a report recommending establishment of a better tracking system for landscape permits and irrigation plans, as identified in the City's annual reports for calendar years 2015-2018, along with staff recommendations for any necessary budget and staffing adjustments to implement such a system. g. Within 120 days of the effective date of this agreement, the City shall post on its website the following information: (i) A tabulation of the square footage of irrigated landscape at all facilities owned or leased by the City (ii) The water consumption used for such landscaping, updated on a monthly basis. 2. Within 45 days of the effective date of this agreement, NRDC shall file appropriate paper to dismiss the City from the Action with prejudice and shall request that the Court retain jurisdiction for purposes of enforcing this Agreement. This dismissal shall not prohibit the Parties from seeking relief for failure to comply with the remaining terms of this Agreement. If disputes arise under this Agreement, the Parties agree to submit to the jurisdiction of the San Bernardino County Superior Court. 3 If the City fails to complete each of the actions specified by paragraph (1) by the date established for such action, NRDC shall have the right to declare this Agreement null and void. If NRDC has invoked that right, this Agreement shall be null and void and the Parties may pursue their respective litigation positions. Prior to invoking this right, NRDC shall notify the City of its failure and the parties shall meet and confer in good faith. 4 The Parties agree that the terms of this Agreement shall be enforceable in a court of law If the City fails to complete each of the actions specified by paragraph (1) by the date established for such action, NRDC shall have the right to move to enforce the Agreement's 2 terms. Prior to invoking this right, NRDC shall notify the City of its failure and the parties shall meet and confer in good faith. 5 Understanding of Agreement. The Parties acknowledge that they have carefully read this Agreement, that they understand its effect, and that they understand the provisions of this Agreement and knowingly and voluntarily agree to be bound by them. 6. No Admission of Liability The execution of this Agreement affects the settlement of claims that are disputed, contested, and denied. The Parties understand and agree that nothing herein is intended to or shall be deemed or construed to be an admission of liability by any Party in any respect or to any extent whatsoever, and the Parties shall not make any representation to the contrary 7 Costs and Attorneys' Fees. The City agrees to pay NRDC $9,000.00 in costs and attorneys' fees. The City shall make this payment to Altshuler Berzon LLP Attorney -Client Trust Account' by check and mail it to: Altshuler Berzon LLP 177 Post Street, Ste. 300 San Francisco, CA 94108 The City shall make this payment within 30 days of the effective date of the settlement. With the exception of the fees contemplated by this paragraph, the Parties shall bear their own attorneys' fees and costs in the Action with respect to NRDC's claim against the City This agreement has no effect on NRDC's attorneys fees and costs with respect to its claim against any other Respondent. 8. Entire Agreement. This Agreement contains the entire understanding and Agreement of the Parties with respect to the subject matter hereof. The Parties hereby acknowledge and represent that in releasing, discharging and settling certain claims and in executing and entering into this Agreement, no other party nor any agent, attorney or other representative of any party has made any promise, representation, warranty covenant, warning or inducement whatsoever, express or implied, except as contained in this Agreement, concerning all or any part of the subject matter hereof, to induce them to execute this Agreement. The Parties hereby acknowledge and represent that they have not executed this Agreement in reliance upon any promise, covenant, representation, warranty warning or inducement not specifically contained in this Agreement. 3 9 No Oral Modifications This Agreement may not be changed, nor may any covenant, representation, or other provision be waived, except by written agreement signed by both Parties 10 Construction Counsel for the represented Parties have negotiated, read and approved as to form the language of this Agreement, the language of which shall be construed in its entirety according to its fair meaning and not strictly for or against any of the Parties 11 Authority Each person signing this Agreement on behalf of a Party represents and warrants that he or she has the authority and capacity to make the promises and releases set forth in this Agreement 12 Effective Date The effective date of this Agreement shall be the date on which the last person to execute this Agreement does so, as reflected in the signature blocks below 13 Applicable Law This Agreement shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties hereto shall be construed and enforced in accordance with, and governed by, the laws of the State of California 14 Mutual Release This Agreement is a full, final, and binding resolution between the Parties, including their agents, employees, representatives, officers and successors and assigns, of claims and defenses related to NRDC's petition for writ of mandate against the City and the facts alleged therein, and the Parties mutually release such claims and defenses The foregoing is so stipulated and agreed between the undersigned parties For Natural Resources Defense Council Inc egiteittA4k Name For City of Redlands _01=k=-411 acne Paul W Foster, Mayo' Attest (O zn Date 10 /c /20 Jeanne Donaldson, City Clerk Date 4