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Rachel Mansfield-HowlettiSBN 248 809 PROVENCHER & FLATT, LLP 823 Sonoma Avenue Santa Rosa, CA 95404 PH 7 0l .284.2380 FAX: 1 0l .284.2387

RECEIVED
Nov

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EMAIL

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CITY OF PI.ACERVILLE ADMINISTRATION DEPT,

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Attorney for Petitioner

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SUPERIOR COUR.T OF TTIE STATE OF CALIF'ORNIA FOR THE COUNTY OF EL DORADO

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FRIENDS OF HISTORIC HANGTOWN,

Petitioner;
V.

Case No. PC-20110145

NOTICE OF ENTR.Y .'UDGMENT

OF'

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CITY OF PLACERVILLE et. al,

Respondents;

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California Environmental Quality Act

tcEQAl
CITY OF PLACERVILLE, et al.,
The Honorable Nelson K. Brooks Real Parly in Interest.

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Notice of Entry of Judgment and Writ

TO RESPONDENTS AND REAL PARTIES IN INTEREST, THE CITY OF PLACERVILLE,

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AND ITS CITY COTINCIL, AND TO THEIR ATTORNEYS OF RECORD:

please take notice that on October 24,2012 the Judgment and

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Writ granting the Petition was

entered in this matter. (Attached as Exhibit

"A") Pursuant to the terms of the Judgment, Petitioner will

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file the Motion for Attorneys' fees within 60 days of the filed date stamp that is entered on this Notice
of Entry of Judgment.

DATED: November 5,2012

PROVENCHER & FLATT, LLP

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Rachel Mansfi eld-Howlett Aftorney for Petitioner Friends of Historic Hangtown

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l{otice of Entry of Judgment and Writ

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d-Howlett/SBN 248809 PROVENCI{ER & FLATT, LLF 823 Sonoma Avenue Santa Rosa, CA 95404 1 07 .284.2380, fax 1 07 .284.2381
Rachel Mansfi
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EL$NRANI M. SUPERIilR [T.

ffiffi
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OcT 2 4 2012

R-howlettl aw@gmail. com

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Attorney for Petitioner

SUPERIOR COI]RT OF'THE STATE OF CALIFORNIA

F'OR T}dE COUNTY OF'EL DORADO

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HISTOzuC HANGTOWN, FRIENDS OF '\..

Petitioner;

Case

No. PC-20110145

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F{PesEDl
CITY OF PLACERVILLE et- al,
Respondents;
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JUDGMENT GRANTING PETITION FOR WRIT OF MANDATE

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alifomia Environmental Quality Act ICEQA]

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CiTY OF PLACERVILLE et al.,

Real

Pafi

in Interest.

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Judgment Granting Peremptory Writ of Mandate

CaseNo. PC-20110145

This matter came on regularly for hearing on September 2,?01\ in Departrrrent

of this Court, Judge Nelson Keith Brooks, presiding. Rachel Mansfield-Howlett, Provencher & Flatt, LLP, appeared for Petitioner, Friends of Historic Hangtown; Sabrina Teller, Remy, Thomas, Moose & Manley,!,f-P,appeared for Respondents and
Real Parties in Interest, City of PlacervtTTe, et
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The Courthaving reviewed the record of proceedings in this matter, the briefs subndtted by counsel, and the arguments of counsel ruled in favor of granting the

Petition. On Febru ary L4,2012 the Court issued an Ord,er GrantingPetition for Writ of Mandate. The Ord.er is attached, and incorporated by reference as Exhibit A' The
Proposed Writ is attached as Exhibit
B.

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IT IS ORDERED. ADJUDGED AND DECITEED, thAt:

The Petition for Writ of Mandamus is GRANTED.
Set aside ali approvals of the Project and the MND. Respondents shaIl r'Vithin 45
,days set asid.e and void any and all approvals and findings of the Clay

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Street/Cedar Ravine Realignment arid, Clay Street Bridge at Hangtown Creek Replacement Project (hereafter, "Proiec{'), the approval of the Mitigated Negative Declaration (MND) and Mitigation Monitoring Program- Respondents shall refuain from further approval of the Project urrless and until Respondents prepare an adequate Environmental Impact Report (EIR) that complies with the laws of CEQA and this Judgment. Violations of CEQA"
The City abused its discretion and failed to proceed in the manner required by law when it approved the project and adopied a mitigated negative declaration

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which did not consider fair argument that the Court found could be rnade regarding certain potential impacts of the proposed project' These potential
irnpacts include:
Judgment Grantlng PeremptoryWrit of Mandate Case No. PC-20110145

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i. Traffic Impacts ii. Parking Impacts iii. Urban Decay Impacts

iv.
Biological lmpacts

v. Culrural Resource knPacts vi. Toxic Impacts vii. Aesthetic Impacts viii. Growth Inducing Impacts; and
ix. lnconsistency with Area P1ans and Policies
(Order at 6.)

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4. 5.

Pe{eqrptorJr

Writ. A Peremptory Writ oi Mandate shatl

issue in the forrn

attached to this judgment as "Exhibit 8".

Suspension of Activities Related tg the Project. To suspend any and all activities

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or consideration of approvals related to the Project that could resu-lt in any change or alteration to the physical environment until Respondent has prepared
an adequate Environmental Impact Report in compliance with CEQA and this

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Court's Judgment.

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Return to Writ. A Retum to the Writ

sha-ll be

filed with the Court

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45 days

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after the writ is issued, reporting compliance with Paragraph 2, herein' Should Respondent, City of Placerville choose to further consider approval of the
Ro-un,iabout Project, Responderri
shialJ.

file

reirrnr. updating the Co-trrt and

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reporting compliance with Paragraph 3 and

herein, and requesting a hearing

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date that is convenient to the Court and counsel.

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Judgment Granting Peremptory Writ of Mandate Case No. PC-20i 10i45

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Retention of

]urisal

. Under section 211,699

of the Public tr{esources Code'

to the this Court retains jurisdiction over this matter by way of a Return peremptory writ of Mandate and any objections to the Retum. The Court aI jurisdiction over the issue of Petitioners' claim of entitlement to
resewes
CoCe of Civil award of private attorney general fees and costs pursuant to procedure section 1021.5. Any motion for said- fees and costs shall be filed and of this served within 60 days of Petitioner's filing of the Notice of Entry

Judgment.
to proof' Costs. Statutory Costs shall be awarded to Petitioner according in a particular Norhing in this Judgment directs the City to exercise its discretion

*ay

upon compliance with law'

oRDER
Good cause appearing, IT IS

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50 ORDERED that the judgment

be entered'

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M n,rrnu: %'uy'.rotz T --

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NEE S0hi KE{TFT tsR.SOE{S Honorable Nelson K' Brooks tudge of the suPerior Court

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cut" No. PC-201]0i45
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Rachel Mansfi eld-Howlett/SBN 24 I 809 PROVENCHER & FLATT, LLP 823 Sonoma Avenue Santa Rosa, CA 95404 7 A1 .284.2380, fax'7 01 -284.2387 Rhowl ettlaw@gmail-com

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Attorney for Petitioner

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SUPERIOR.COURToFTIIESTATEoF'CAI,IFORNIA FOR TH}T' COIINTY OF EL DOR.ADO

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FRIENDS OF HISTORTC HANGTOWN,

Petitioner;

Case

No. PC-20110145

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IPROPOSEDI PEREMPTORY OF MANDATE

WRIT

CITY OF PLACERVILLE et- al,

ResPondents;

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California Environmenlai Quality'Act

CITY OF PLACERVILLE
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et al-,

[cEQA]

Real Party in Interest.

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Peremptory Wrlt of Mandate Case No. PC-20i10145

TOT'}IECITY0FFI-ACERVILLEANDITSCOUNCIL:
this action ordering that a Peremptory Writ of Judgment having been entered in Mandate issue frone this Court:
YOTJ ARE HETdEBY COMMANDED:

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To set asid.e and void any and

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approvais and findings for the clay

at Hangtown Creek Street/Cedar Ravine Realignment and Clay Street Bridge the Mitigated Negative Repiacement Project (here#te r, "Proiec{'), including 45 days of service of this Declaration, and Mitigation Monitoring Pian, within

Writ.

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2.

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approvals related to the Tosuspend an\r and all activities or consideration of to the physical environment Project that could. resu-lt in any change or alteration lmpact Report in until Respondent has prepared an adequate Envirorr-mental compliance with CEQA and this Court's Judgment' the 3. To make and file a return to this writ not later than 45 days after

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writ is i.ssued, reporting cornpliance with Paragraph

1, herein'

should

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approval of the Respondents, City of Placerville choose to further consider the Court and reporting Project, tr{espond.ents shall file a return updating a hearing date *rat is compliance with Paragraph 2, herein, and requesting
convenient to the Court and counsel' of the Public Resources Cod-+ dris Cor-irt .v^f-rit a Reirrrn io this Peremptorlrof way by rnatber this ovel jurisdiction retains of Attomeys' Fees and of Mandate, any Objections to the Returry and the issue

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under section

211,68.9

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Costs.
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or control legally Nothing in this writ shall be construed. to linrit the discretion vested jn the CitY of Placerville'

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Peremptory Writ of Mandate Case No. PC-20110145

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DATEDI

March

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Clerk
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Peremptory Writ of Mandate

CaseNo. PC-20i10145

Friends of Historic Hnngtown a' City of-Placetaille El Dorado County SuperioiCourt, Case No. PC-20110145 PITOOF OF SERVICE BY

MAIL

I am a citizen of the United States and a resident of the County of Sonoma. I am over the age of eighteen years and not a pafiy to the within entitled action; my business address 823 Sonoma Ave, CA95404'
On November 5,2012I served one true copy of the following documents and will personally serve the parties in the time frame allowed by statute: NOTICE OF ENTRY OF JUDGMENT

by placing

true copy thereof enclosed in a sealed envelope and postage thereon fully prepaid, in the United States mail at Santa Rosa, addressed as follows: joHi\r DRISCOLL, ESQ. SABruNA V. TELLER, ESQ. CITY OF PLACERVILLE JENNIFER HOMAN, ESQ. 3i 0 Center Street Remy, Moose, ManieY, LLP Placerville, CA 95667 455 Capitol Mall, Ste.210 Sacramento, CA 9581'4
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I declare under penalty of perjury, that the foregoing is true and correct' Executed on Nlovember 5,2072, at Santa Rosa California.

z.artrt Bateman