San Bernardino County & San Bernardino County Flood Control-2023-02 L , 23 32
COMMON INTEREST,JOINT DEFENSE,AND
CONFIDENTIALITY AGREEMENT AMONG PERMITTEES
This Common Interest, Joint Defense, and Confidentiality Agreement ("Agreement")
effective on January 1,2022 is entered into by and among San Bernardino County("County"),the San
Bernardino County Flood Control District ("District"), and the cities of Big Bear Lake, Chino,
Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho
Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa ("Cities") (collectively the
"Parties"or individually a"Party")
RECITALS
A The County,District, and Cities own and/or operate storm water and urban runoff
conveyance systems, including flood control facilities,commonly referred to as municipal separate
storm sewer systems or storm drains,through which storm water and urban runoff are discharged
into waters of the United States that are located within the Santa Ana Region
B The District, as Permittee, and the Cities, as Co-Permittees (jointly"Permittees"),
are subject to a National Pollutant Discharge Elimination System ("NPDES") Permit and Waste
Discharge Requirements, Order No R8-2010-0036,NPDES No CAS618036("Permit")
C The Santa Ana Regional Water Quality Control Board ("Regional Board") issued
the Permit on January 29, 2010 for a five-year term The Permit designates the District as
"Principal Permittee" under the Permit, and the District administers and coordinates many of the
permit requirements on behalf of all the Permittees `"
D On June 28, 2011, the Parties entered into an Implementation Agreement to
establish an integrated storm water management program("Program")that included development
of a Management Committee to coordinate compliance, including establishing budgets,to set forth
the duties of the Parties,to provide reimbursement to the District for administrative responsibilities,
and to share costs to implement the Program The Implementation Agreement, attached hereto as
Exhibit A, sets forth the percentage of costs that each Party agreed to contribute to implement the
Program The term of the Implementation Agreement coincides with the term of the Permit and
expires six months after the Final Permit, as defined below, is approved
E To renew the Permit, the Permittees submitted a Report of Waste Discharge for
renewal on August 1,2014
F Though the Regional Board has not yet issued a renewal of the Permit, the
Permittees contmue to implement and comply with the Permit
G The Parties believe that the Regional Board may be circulating a draft version of
the new permit("Draft Permit") in approximately January 2022
H Each of the Parties has a shared common interest in proceedings related to the Draft
Permit, including negotiating the terms of the Draft Permit with the Regional Board,participating
in the administrative hearing to adopt the Draft Permit as the final permit("Final Permit"),seeking
administrative or judicial review of any terms in the Final Permit that warrant reconsideration,
defending any adverse future claims or actions related to the Final Permit, and addressing any and
all types of legal challenges to the Draft or Final Permit(jointly"Permit Proceedmgs") Each of the
1
Parties intends to appear in administrative hearings as well as any potential future actions related to
the Draft or Final Permit to represent the common interests of the Parties as well as each Party's
own separate interests, some of which may be unique Such representation of separate or unique
interests is not inconsistent with the common interests of the Parties
I Nothing in this Agreement is meant or should be construed to affect a Party's legal
obligation to exercise its independent judgment as required by law concerning the Permit
Proceedings
J Without admitting any individual or shared liability, and expressly denying same,
the Parties here assert that it will best serve their common interests to coordinate their efforts and
share certain privileged and confidential information,in order to respond effectively to and negotiate
with the Regional Board as well as to address and/or defend claims during the Permit Proceedings
by the Regional Board or any parties that become adverse parties Such coordination of effort and
sharing of information is not intended to waive and shall not waive any privilege or protection
otherwise applicable
K By this Agreement, the Parties seek to establish a common interest group with
respect to the Permit Proceedings, preserving to the fullest extent possible all applicable legal and
evidentiary privileges, including the protections of the attorney-client privilege, the work product
doctrine, the joint defense/common interest privilege, and the deliberative process and official
information privileges
L The Parties and their respective legal counsel are referred to herein as"the Common
Interest Group"
M The Parties intend for this Agreement to allow for the inclusion of additional
members of the Common Interest Group with the consent of all Parties
N The Parties intend for the scope of this Agreement to include any later-filed related
actions that raise or implicate similar interests of the Parties without the necessity of amendmg this
Agreement
TERMS AND CONDITIONS
Therefore, in consideration of the mutual promises contained and incorporated in the above
Recitals in this Agreement,the Parties agree as follows
1 Purpose It is the purpose of this Agreement to memorialize the Parties' intentions
concerning the exchange of information during the Permit Proceedings, and to support a Joint
defense and/or common interest based upon the assertion by the Parties, or any Party, of the
attorney-client privilege, work product doctrine, deliberative process and official information
privileges, and any other privileges and protections that may apply to any Joint Defense
Communications (as defined in Paragraph 3 below) that may be shared among members of the
Common Interest Group This Agreement addresses the flow,handling, security, and disclosure of
documents, data, and oral and written information that are not produced pursuant to formal or
informal discovery requests, and that may be exchanged by members of the Common Interest
Group It is the intention of the Parties that the exchange of Joint Defense Communications among
the members of the Common Interest Group will not constitute a waiver of any privilege or
protection, including without limitation the attorney-client pnvilege, the attorney work product
2
doctrine,and the deliberative process and official information privileges The Parties agree that any
consultation between the Parties or among their counsel,and any exchange of work product or other
Joint Defense Communications are in reliance on the Parties' common interests,as described herein,
and their intent to share information and cooperate in joint defense efforts without waiving any
privilege or protection In this regard,the Parties have agreed to provide reasonable cooperation in
the execution of their respective duties under this Agreement However,no obligation to share any
documents, data or information is created by this Agreement
2 Lawsuits To the extent related to the Permit Proceedings, the Parties expressly
state their intention to include in this Agreement any lawsuits related to adverse claims(other than a
lawsuit by one Party or Parties against another Party or Parties), that have been or may be filed by or
against any Party at any time during the pendency of this Agreement without the necessity of
amending this Agreement
3 Joint Defense Communications
a "Joint Defense Communication" means any documents,data,or information
(including correspondence, reports, studies, memoranda of law and/or fact, factual material and
summaries, mental impressions, transcripts, digests, and any other written material or oral
information of any kind whatsoever)that relate to matters addressed by this Agreement that any Party
receives from any other Party or its officers,partners, employees, agents, consultants, attorneys,
representatives, or experts that would otherwise be protected from disclosure to third parties
pursuant to applicable legal and evidentiary privileges,including the attorney-client privilege,work
product doctrine, and/or the deliberative process and official information privileges The Parties
intend that all Joint Defense Communications shall remain privileged or protected when
communicated to any other Party or its elected officials, officers, partners, employees, agents,
consultants,attorneys,representatives,of experts in accordance with the common purpose concepts
in California Evidence Code § 912(d) and articulated in California Oak Foundation v County of
Tehama(2009) 174 Cal App 4th 1217,Raytheon Co v Superioi Court(1989)208 Cal App 3d 683,
and Continental Oil Co v United States(9th Cir 1964) 330 F 2d 347,and their progeny Each of
the Parties and counsel agree that all Joint Defense Communications they receive from any Party or
its representative shall be treated and maintained by the receiving Party as privileged and
confidential, and not disclosed to third parties,except as provided in this Agreement
b Joint Defense Communications may be disclosed or transferred between any
or all of the Parties orally or in writing and by any other appropriate means of communication The
Parties agree that all Joint Defense Communications shared pursuant to this Agreement shall be held
in strict confidence by the Parties and by all persons to whom the Joint Defense Communications are
disclosed and shall not be disseminated outside the Common Interest Group All Joint Defense
Communications received from Parties pursuant to this Agreement are subject to the joint defense
and common interest privileges or protections and must be held in strict confidence by the receiving
party and its counsel The receiving party may disclose Joint Defense Communications only to its
counsel, authorized representatives, and those of its board members, councilmembers, supervisors,
directors,officers,employees,agents,independent contractors,consultants and retained experts who
have a need to know Each Party agrees that its independent contractors will agree to keep all Joint
Defense Communications confidential in accordance with the terms of this Agreement before any
Joint Defense Communications is provided to them If a Party intends to disclose a Joint Defense
3
Communication only to certain members of the Common Interest Group,the disclosing Party shall
specify the members who are entitled to review or receive that information or document All Parties
agree that they will not share or disclose such Joint Defense Communications to any Party or person
who is not designated by the disclosing Party
c A Joint Defense Communication that is exchanged in written or document
form and that is intended to be confidential shall be marked "Confidential Privileged
Communication" or with a similar heading indicating confidentiality To the extent possible, the
header or footer should further list all other privileges and protections that may be applicable to the
particular Joint Defense Communication, including the attorney-client privilege, work product
doctrine, and/or the deliberative process and official information privileges However, failure to
mark or identify a Joint Defense Communication as"Confidential Privileged Communication"or a
similar heading shall not constitute a waiver of any applicable legal or evidentiary privilege or
protection that may apply
d Waiver of the joint defense and common interest privileges or protections are
effective only when all Parties unanimously agree to the waiver Any Party(the"Disclosing Party")
may, without permission from the other Parties, use, for the Disclosing Party's own purposes, any
information that the Disclosing Party disclosed to and shared pursuant to this Agreement
e Any Party who receives Joint Defense Communications shall not disclose
such Joint Defense Communications or the information imparted thereby to any other third party
without the express prior written consent of the other Parties Any unauthorized disclosure of any
Joint Defense Communication to any third party shall not constitute a waiver of any applicable
privilege or protection However,no provision in this Agreement shall be construed to limit the right
of any Party to disclose any documents or information that such Party obtained through means other
than a Joint Defense Communication
f Although documents and information that are not otherwise privileged will
not gain the protection of any privilege by virtue of being a part of a Joint Defense Communication,
each Party shall treat the information as privileged and confidential and shall not disclose to third
parties the fact that any particular document or information was shared through a Joint Defense
Communication
4 Permitted Use of Joint Defense Communications All of the Parties acknowledge
and agree that cooperation in the shared purposes and objectives necessarily involves the
communication and sharing of confidential information and further agree that their interests are not
currently adverse with regard to the subject of this Agreement They further agree that all Joint
Defense Communications received from any other Party shall be used exclusively in connection
with the Permit Proceedings Joint Defense Communications shall not be used or be admissible in
any phase of any pre-litigation or litigation involving cross-claims or claims for contribution or
indemnity between or among any of the Parties if such claims arise from or i elate to adverse claims
5 Permitted Disclosures In the event that any Party receives a third-party request or
demand for Joint Defense Communications received pursuant to this Agreement, by California
Public Records Act ("CPRA") request, subpoena, request for production or otherwise, the Party
receiving such request or demand shall, prior to making such disclosure (a) notify the Parties
4
pursuant to the notice provision herein, and(b)assert and exercise diligence in supporting the joint
defense and/or common interest doctrines and preserve any and all potentially applicable privileges
or other protections from disclosure of the Joint Defense Communications, unless such privileges
and protections have been knowingly waived by the Parties or Party who provided the Joint Defense
Communications Each Party shall take reasonable steps necessary to permit the assertion of all
applicable rights and privileges with respect to any Joint Defense Communication and shall
cooperate fully with all other Parties in any judicial proceeding relating to the disclosure of any Joint
Defense Communications However, the Parties understand and acknowledge that all Parties can
still comply with their legal obligations under the CPRA and other document production statutes, if
any, without breaching this Agreement, and no Party is required to seek a protective order or
otherwise incur legal expense in efforts to oppose such a disclosure of a Joint Defense
Communication
6 Injunction to Prevent Improper Disclosure The Parties agree that the unauthorized
or improper disclosure of Joint Defense Communications to third parties not covered by this
Agreement will result in irreparable harm to the Parties In the event a Party or former Party believes
that another Party or former Party is preparing to disclose Joint Defense Communications to third
parties not covered by this Agreement, the Party or former Party objecting to such disclosure may
seek an injunction to prevent the disclosure of such Joint Defense Communications Each Party
represents and warrants that it will not, in the future, assert that such an injunction is not necessary
on the grounds that there is an adequate remedy at law
7 Joint Consultants or Experts The Parties agree that if a consultant or expert is
jointly hired by the Common Interest Group,or retained by an individual Party for a matter on which
a common interest exists with respect to the Permit Proceedings,that consultant or expert is covered
by the joint defense and/or common interest doctrines and that privileges or protections applicable
to the consultant or expert's work product or to any Party's communications with the consultant or
expert shall not be waived by sharing such work product or communications with other Parties to
this Agreement The Parties agree not to seek disqualification of consultants or experts engaged by
any other Party or Parties in connection with any future action based solely on the exchange of
information pursuant to this Agreement
8 Good Faith Each Party agrees to exercise good faith and diligence to implement
this Agreement and to maintain the confidentiality of discussions and exchanged Joint Defense
Communications consistent with the purposes of this Agreement and the intent of the Party
providing the information
9 Independent Efforts Nothing in this Agreement shall be construed to restrict the
right of a Party to undertake separate investigative efforts or legal research in the defense of any
action relating to the Permit Proceedings or any adverse claims related to them Any Party
undertaking such separate efforts shall be free to disclose or use the results of the separate and
independent efforts in any manner that Party desires,without the consent of the Parties or any other
Party
10 Withdrawal or Settlement Any Party may withdraw from this Agreement by
delivering written notice to all other Parties, in accordance with Section 13 of this Agreement
Alternatively, one or more Parties may conclude their involvement in the Permit Proceedings by
5
reason of settlement or otherwise Any voluntary withdrawal or settlement does not relieve any
Party's obligation to continue to protect the confidentiality of all Joint Defense Communications,as
though all Parties were still active in the Permit Proceedings Such withdrawal or settlement shall
be effective on the date that notice is deemed delivered to all Parties under the notice provision
herein Any Party withdrawing from this Agreement shall no longer have any right of access to any
Joint Defense Communications after the date of withdrawal The withdrawing Party shall either
return or destroy all copies of Joint Defense Communications in its possession and shall certify in
writing that all such materials have been returned or destroyed, as may be the case All obligations
under this Agreement shall continue to apply to the withdrawing and remaining Parties with respect
to any Joint Defense Communications made to or by the withdrawing Parties prior to withdrawal
11 Termination This Agreement shall terminate upon the earlier of the following
occurrences (a)conclusion of all Permit Proceedings evidenced by a final judgment or settlement
of administrative or judicial actions related to the Final Permit, (b)upon unanimous written consent
to terminate among all then-current Parties, or (c)withdrawal from this Agreement by all of the
Parties
12 Survival of Oblieations Each Party agrees that all obligations herein,including the
obligation to protect the confidentiality of Joint Defense Communications under this Agreement,
shall survive the withdrawal from or termination of this Agreement,by settlement or otherwise,and
shall remain binding on all Parties notwithstanding their withdrawal or the Agreement's termination,
even if the interests of the Parties later become adverse, and regardless of whether the joint defense
and/or common interest doctrines become inapplicable with respect to later communications
between the Parties
13 Notices Except for changes in contact information, all notices under this
Agreement must be in writing and must be sent by e-mail to the addresses set forth in Appendix A
or hand-delivered or sent by registered or certified mail,postage pre-paid,return receipt requested,
or by FEDEX or other nationally recognized overnight delivery service to each Party Any notice
shall be deemed delivered five (5) business days after such mailing date, except that any notice
hand-delivered or sent by a-mail or overnight delivery shall be deemed delivered one (1)business
day after the dispatch date for overnight delivery service Notices shall be addressed to each Party
at the addresses shown for them in Appendix A, with a copy to its respective counsel of record
Should the contact information for any Party change,then the Party shall provide written notification
to all other Parties,either by e-mail or U S Mail within thirty(30)days of the change
14 Engagement Each Party agrees that it will not move to disqualify counsel from
accepting future engagements um elated to Permit Proceedings based solely upon counsel's receipt
of Jomt Defense Communication The Parties agree they will not seek to disqualify counsel from
examining or cross-examining any Party who testifies at any proceeding,whether under a grant of
immunity or otherwise, because of such attorney's participation in this Joint Defense Agreement,
and that such attorney may use any Joint Defense Communications provided by such Party while
the Party was participating in this Agreement, but only consistent with the provisions of this
Agreement Each undersigned counsel to this Agreement represents that he or she has specifically
advised his or her respective client of this clause and that such client has agreed to its provisions
6
15 Entire Agreement This Agreement sets forth the entire agreement of the Parties
with respect to the subject matter contained herein, and no other terms are binding on the Parties
16 Modifications Any modification to this Agreement must be in writing and signed
by all of the then-current Parties This Section does not apply to changes in a Party's contact
information
17 Remedies The Parties expressly acknowledge and agree that no adequate remedy
is available at law for a breach of this Agreement and that in addition to any other remedies available,
performance of this Agreement may be specifically ordered and/or a breach hereof may be enjoined,
or both
18 No Admission of Liability or Responsibility No recital, term, and/or provision in
this Agreement shall be construed as an admission of liability or responsibility relating to the adverse
claims by any Party
19 Additional Parties Additional parties and their counsel may be added to the
Common Interest Group with prior written acceptance of such addition by all Parties,which may be
provided by e-mail from counsel for the Parties The addition of a new Party is effected by
completion of the"Additional Party Signature Page,"attached hereto,and delivery of the completed
signature page to all other Parties
20 No Relationships Created Nothing in this Agreement shall be construed to
(a)create an attorney-client relationship between any Party and/or counsel to any other Party,
(b)create any agency relationship among the Parties and/or their counsel, including a joint venture
or partnership, or (c)affect the separate and independent representation of each Party by its
respective counsel accordmg to what each such counsel believes to be in the client's best interests
Each Party is responsible for directing its respective counsel and,to the extent the research or work
product of any Party's counsel is disclosed to other Parties in furtherance of the Parties' common
interest,such disclosure shall not waive any privileges or protections that apply to the work product,
and shall not entitle any Party to move to disqualify the other Party's counsel due to the performance
of such work or because of information obtained in the course of such work
21 Reservation of Rights and Claims Notwithstanding any provision of this
Agreement, each Party reserves all claims, causes of action, and any and all other nghts it has or
may have against any other Party, and the Parties do not intend or expect this Agreement to release
or to waive those claims or rights
22 Attorney's Fees Except by separate agreement, including but not limited to the
Implementation Agreement, each Party shall be responsible for its own attorney's fees related to
this Agreement, any actions required under this Agreement, and actions during or related to the
Permit Proceedings
23 No Compensation Except by separate agreement, including but not limited to the
Implementation Agreement, no Party shall be entitled to any compensation, reimbursement or
contribution from any other Party for the participation of its employees, officers, agents, or counsel
in the Permit Proceedings
7
24 Jointly Drafted The Parties agree that this Agreement was jointly drafted by each
Party, and no inference or rule of construction shall be applied based on the assumption that any
individual Party drafted any provision in this Agreement
25 Counterparts and Signatures The Parties agree that Agreement may be executed
in counterparts, each of which shall be deemed to be an original, but both of which together shall
constitute one and the same instrument, and that a photocopy or facsimile may serve as an original
If this Agreement is executed in counterparts, no signatory hereto shall be bound until both the
parties have fully executed a counterpart of this Agreement The Parties shall be entitled to sign and
transmit an electronic signature of this Agreement (whether by facsimile, PDF, or other email
transmission),which signature shall be binding on the party whose name is contained therein Each
Party providing an electronic signature agrees to promptly execute and deliver to the other party an
original signed Agreement upon request
26 Severabilrty If any provision in this Agreement is deemed invalid or
unenforceable,the balance of this Agreement shall remain effective and shall be enforced to the full
extent permitted by law
27 Authority The undersigned individuals represent that they are authorized to
execute this Agreement on behalf of their respective Parties
28 Choice of Law This Agreement will be interpreted in accordance with the laws of
the State of California without regard to principles of conflicts of law,venue shall be San Bernardmo
County
WHEREFORE, the Parties below have executed and entered into this Agreement as of
the date indicated and within the jurisdiction noted
SAN BERNARDINO COUNTY AND
SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT
Tom Bunton
County Counsel
San Bernardino County and
San Bernardino C ounty Flood Control District
Date 9 I �P 12 2--
8
CITY OF BIG BEAR LAKE
Attest
By ( Ma/( gi' ' BYE S,A�.
Name Jeff thi u Name_Enca Stephen on
Title_Int City Manager Title City Clerk
Dated Ll 25 22 Dated H- 1 ` -07 a
Approved as to Legal Form �`--'� �
By P.��H�1arlst�t
Name Step en Deitsch
Title City Attorney
Dated -Avri 1 1 $1 %C T Z
11
DocuSign Envelope ID 31F53C73-871D-4051-82A4 F8808942A462
CITY OF CHINO Attest
By C -c � 2
By _ Name Ano obles
Name Anthony Arroy Title City Clerk
Title InterC ty Ma alter Date ' - 2.0
Date 'tf �f
Approved as to Legal Form
By d ,
Name Fred Galan e
Title City Attorney
Date 4/25/2022
I0
CITY OF CHINO HILLS
Attest
By _ By
Name _ Name
Title Title
Date Date
Approved as to Legal Form
By
Name _
Title
Date
11
CITY OF COLTON
Attest
By By
Name Name
Title Title
Date Date
Approved as to Legal Form
By
Name
Title -
Date
12
CITY OF FONTANA
Attes
iitagi)ka4k__
By' VI1Piiiiiii,
B
Name OITIZEIDAIWZMIn Q. ame 6erril ine M&lel an gey
Title ,Iris cu. '( Title Cil e(evK.
Date q 26.Z?i Date
Approved to Legal orm
By 04--s
Name U t II
Title Y t
Date r--lO ZZ
13
CITY OF GRAND TERRACE
Attest
By /�`�-- By
Name Tcnnra4 Rolowich Name Debra L Thomas
Title City Manager Title _ City Cleric
Date January 24,2023 Date January 24,2023
Approved as to Legal F
By
Name Adrian R Guerra
Title_ City Attnrney
Date - January 24,2023
14
CITY OF HIGHLAND
Attesr
By folfg••••".... By L� [ � 7rl^�i iikr FL
N arry M allon Name Betty Hughes'
Trtl ayor Title City Clerk
Date ebruary 22,2022 Date February 22,2022
Approved as to Legal Form
Y
B JQ�
Nam an¢e MPiquin
Title City Attorney
Date February 22,2022
15
CITY OF LOMA LINDA
Attest
By By
Name Name
Title Title
Date Date
Approved as to Legal Form
By
Name
Title
Date
16
CITY OF MONTCLAIR
Attest
By By
Name Name
Title Title
Date Date
Approved as to Legal Form
By
Name
Title
Date
17
CITY OF ONTARIO
O Attest
By 06. 111likkBy ( LiL1' Jl�l/
Name artan,' Srenth Name _C,Lea& •t,. _TA be ti
Title /}Ssic-Im f- Itil Nl4n yer' Title lc-}s51- C4 ki C tatArk-
Date ./9 /i -z_, Date 81 I Si zn 2.:2
Appr oved asto Legal//�� Foi m
By Wid/C2-•�VGL(,-----:
Name ;t.✓a l7 U
Title (4 TY } 'U fLo( /
Date 3 1f Z2--
18
CITY OF RANCHO CUCAMONGA
Attest
By
NaDents►S JVl C c e 1 B �t,E ,„
Title M 010 r N e Q,rl t o P. e. Reis n a 1aS
Date 2/11. /202 , Title C14)k eler1A.
Date a! r k f oL v a�-
Approved as to Legal Form
By
Na N►cholq r¢ 1•
Title G;4 0.Hor4ey
Date 7�/i(?�z?/
19
CITY OF REDLANDS
Attest
By By
Name Name
Title Title
Date Date
Approved as to Legal Form
By
Name
Title
Date
20
CITY OF RIALTO
Attest
By By
Name Name —
Title Title
Date Date
Approved as to Legal Form
By
Name
Title
Date
21
CITY OF SAN BERNARDINO
Attest
By By
Name Ac ,,•?L I? _t Name_ — -- —
Trtle , -_ Title ^_ _
Date ��/2._.- _-_ Date—
Approved as to Legal Form
Name D Ma.S t GR.
Title Ass1ste+•.}' C14 M k' -
Date _xi (3_ 3.5...
22
CITY OF UPLAND
Attest
By
Name Name ,To
Title MCX,k'1Gt. _ Title C ►
Dat Date
Approved as to Legal FormBy S Gt,CAA b/
Name pher ( Be t.s
Title 1I ottztrn
Date 2&
23
CITY OF YUCAIPA
Attest
By By
Name Name
Title _ Title
Date Date
Approved as to Legal Form
By
Name
Title
Date
24
ADDITIONAL PARTY SIGNATURE PAGE
WHEREFORE,the Party below has executed and entered into this Common Interest,
Joint Defense,and Confidentiality Agreement as of the date indicated
Date By
Name
Title
25
APPENDIX A
PARTY CONTACT INFORMATION
Name and Address of Party and-Counsel Telephone and Facsimile
San Bernardino County
Jonathan Dillon,Jonathan Dillon@dpw sbcountv gov (909)387-8109
i Elias Severo,eseveroadpw sbcounty eov (909)387-8109
825 East Third Street (909)387-0305 facsimile
San Bernardino,CA 92415
San Bernardino County Flood Control District
Arlene B Chun,Arlene Chun a)dpw sbcounty gov (909)387-8109
Anthony Pham,Anthony Pham-a7dpw sbcounty eov (909)387-8109
Chris Bland,Christopher Bland4dpw sbcounty gov (909)387-8109
825 East Third Street (909)387-0305 facsimile
San Bernardino,CA 92415
Meyers,Nave
Gregory J Newmark,:newmark@,meversnave corn (213)626-2906
Viviana L Heger,vheger,l meyersnave corn (213)626-0215 facsimile
707 Wilshire Blvd ,24th Floor
Los Angeles,CA 90017
San Bernardino County Counsel
Sophie Akins, Sophie Akmsa@cc sbcountv gov (909) 387-5001
385 North Arrowhead Avenue, 4th Floor
San Bernardino, CA 92415
City of Big Bear Lake
Lynn Merrill, LCMUPLAND rr ao1 corn (951)217-1201 (mobile)
P 0 Box 10000 [insert] facsimile
Big Bear Lake,CA 92315
[insert City Attorney]
Name and Address of Party and Counsel Telephone and Facsimile
City of Chino
Ruben Valdez,rvaldez(n7cityofchino ore (909) 334-3423
Nathan Marlinski, nmarlinskt c(�r�citvofchino org (909)334-3345
13220 Central Ave (909)334-3724 facsimile
Chino, CA 91710
[insert City Attorney]
City of Chino Hills
Nisha Wells,nwells@chinohills org (909) 364-2835
Andy Zummo, azummo(a chinohills ore; (909) 364-2792
14000 City Center Dnve [insert] facsimile
Chino Hills, CA 91709
' [insert City Attorney]
City of Colton
Moises Peralta,mperalta@coltonca gov (909)370-5065
Tanya Garcia,garcia@,coltonca gov (909)370-5065
160 S 10th Street (909) 370-6104 facsimile
Colton, CA 92324
[insert City Attorney]
2
City of Fontana
Abigail Gomez,agomez@fontana org (909)350-6772
Edwin Alonzo,ealonzo@fontana org (909)428-8819
8353 Sierra Ave [insert] facsimile
Fontana,CA 92335
[insert City Attorney]
City of Grand Terrace
Lynn Merrill,LCMUPLAND@aol corn (951)217-1201 (mobile)
Robert Eisenbeisz, risenbeisz@grandterrace-ca gov (909) 824-6621,ext 251
22795 Barton Road [insert] facsimile
Grand Terrace,CA 92314
[insert City Attorney]
City of Highland
Melissa Morgan,mmorean cr,cityofhiihland org (909) 864-8732 x230
Carlos Florez, cflorezn citvofhiehland org (909) 864-6861 x271
27215 East Base Line (909) 862-3180 facsimile
Highland,CA 92346
I
[insert City Attorney]
City of Loma Linda
T Jarb Thaipejr,JthaipeJr a lomalmda-ca eov (909)799-4407
Jeff Peterson,Jpeterson a,lomalmda-ca eov (909) 799-4407
25541 Barton Road (909) 799-2891 facsimile
Loma Linda, CA 92354
[insert City Attorney]
3
City of Montclair
Steve Stanton,sstanton@cityofmontclair org (909)625-9444
Samantha Conteras, scontreras@cityofmontclair org (909)625-9447
P 0 Box 2308 [insert] facsimile
Montclair, CA 91763
[insert City Attorney]
City of Ontario
Alicia Espinoza,tespinoza(cDontarioca Qov (909) 395-2188
Nathan Pino,npino r@ontanoca gov (909)395-2389
Raymond Lee,rlee@ontarioca gov (909) 395-2104
303 East B Street (909)395-2122 facsimile
Ontario, CA 91764
[insert City Attorney]
City of Rancho Cucamonga
Linda Ceballos,linda ceballos3citvofrc us (909)774-4060
Scott Rapp, scott rapp@cityofrc us (909)774-4064
10500 Civic Center Drive (909)477-2746 facsimile
Rancho Cucamonga, CA 91730
[insert City Attorney]
City of Redlands
Aaron Ares, aares(7i crt)ofredlands ora (909)798-7597 x5
P 0 Box 3005 (909)798-7670 facsimile
Redlands, CA 92373
[insert City Attorney]
4
City of Rialto
Melanie Sotelo,msotelo(a)cascmc corn (909) 835-0313 (mobile)
Joe Rosales,jrosalesecascinc corn (909)241-6212 (mobile)
[Insert] facsimile
Office 1470 East Cooley Drive, Colton,CA 92324
City 355 West Rialto Avenue,Rialto, CA 92376
[insert City Attorney]
City of San Bernardino
Ken Watson,watson kensbcity ore (909)384-5154
Susan Pan, Pan Su(a,sbcity org (909)384-5225
290 North"D" Street (909) 384-5080 facsimile
San Bernardino, CA 92410
[insert City Attorney]
City of Upland
Nicole deMoet, ndemoet(ci upland ca us (909)291-2970
Julian Chang,jchang ct,ci upland ca us (909)291-2941
P 0 Box 460 (909)291-2774 facsimile
406 N Euclid Ave
Upland, CA 91785
[insert City Attorney]
City of Yucaipa
Katrina Kunkel,kkkunkel@vucaipa oig (909)797-2489 x255
Fermin Preciado, fpreciado(thyucara org (909) 797-2489 x240
34272 Yucaipa Blvd (909) 790-9203 facsimile
Yucaipa,CA 92399 1
[insert City Attorney]
5050303 1
5