Law Offices of

Richard L. Harriman
1078 Via Verona Drive
Chico, California 95973-1031
Telephone: (530) 343-1386
Email: harrimanlaw1@sbcglobal.net
November 16, 2015

VIA EMAIL TRANSMISSION AND U.S. MAIL

Dr. Timothy P. White [c/o tmesa.calstate.edu]

Office of the Chancellor
The California State University
401 Golden Shore
Long Beach, CA 90802-4210

Paul J. Zingg, President

c/o Russell Mills, Chief of Staff [rmills@csuchico.edu]
Kathleen Hassig, Executive Assistant [khassig@csuchico.edu]
California State University, Chico
Kendall Hall, Room 105
Chico, CA 95929-0777

Catherine Thoma, Executive Director [cthoma@csuchico.edu]

CSUC Research Foundation
25 Main Street, Suite 203
Chico, CA 95929-0246

Re: Friends of the Reserve and Northern California Environmental

Defense Center v. California State University, Chico; CSUC
Research Foundation; Board of Trustees of California State
University System; re Modern Building Company, California
Wildlife Conservation Board, California Department of Fish
and Wildlife; State Historic Preservation Office; Resources
Legacy Fund (Packard Foundation)
Project Title: Demolition and Removal of Historic Henning House
By CSUC Research Foundation
Notice of Demand to Stay Demolition and Provide Public
Environmental and Administrative Review

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 Notice of Intent to File Suit Stating Claims Under
the California Environmental Quality Act (CEQA)
[Pursuant to Public Resources Code (PRC) Section 21167.5]
Public Records Act Request [Government Code Section 6250 et seq.]
Demand for Project Environmental Review Records and Documents

Dear Dr. White, Dr. Zingg, and Ms. Thoma:

Please be informed that this office has been retained to represent the legal interests of the
Friends of the Reserve, a California unincorporated association, having its principal place of
business located in Chico, California, and the Northern California Environmental Defense Center,
a California non-profit corporation in formation, having its principal place of business located in
Chico, California, with respect to the above-referenced Project.

My clients have informed me that neither the University nor the CSUC Research
Foundation Board has provided notice to its Technical Advisory Committee nor to the public and
that no opportunity to be heard regarding the administrative and/or environmental review of this
Project. In addition, neither your office nor the Research Foundation board has called a Special
Meeting of the Research Foundation Board to consider, discuss, and take action properly on this
Project, nor has your office nor the Research Foundation staff responded to the written request of
the Technical Advisory Committee members and others, dated November 12, 2015, to provide
copies of the technical reports and other documentary support for the Project to the Technical
Advisory Committee or to the public for their review and comment prior to making a final
decision to demolish and remove the historic Henning House on the CSUC Research Foundation
Preserve located in the Forest Ranch area of Butte County.

In short, the University and its Research Foundation has failed to provide a meaningful
opportunity to review or comment provided to the Technical Advisory Committee or to the
general public in the City of Chico, County of Butte, the State of California, or to the donors and
beneficiaries to the CSUC Research Foundation of its Staff’s decision to proceed to demolish and
remove public historical and biological resources and public assets which are held as public trust
assets by the University and its Research Foundation. Further, due to the breach of its fiduciary
due to preserve and protect the foregoing assets, including the historic Henning House, from
waste and deterioration, this asset suffered has suffered damage from the University’s and its
Research Foundation’s waste, resulting in “demolition by neglect.”

Therefore, my clients have authorized and directed me to make formal demand upon the
University and the CSUC Research Foundation Board, as follows:

1. To stay their publicly announced decision and action to initiate and complete the\

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 demolition and removal of the historic Henning House, pending the completion of the
following actions.

2. To call a publicly noticed Special Meeting of the Board of the Research Foundation
within thirty (30) days to initiate a lawful administrative and environmental review of
the proposed demolition and disposition of the Henning House, pursuant to the
California Environmental Quality Act (CEQA) [Public Resources Code section 21000
et seq.] and the academic protocol of the CSUC.

3. To provide within ten (10) days copies of all documentary evidence and other staff and
consultants’ reports which the University and the CSUC Research Foundation has
obtained in support of its proposed decision and action to the Technical Review
Committee, as provided by the Research Foundation’s existing protocol, and to the
public, as otherwise required by law. [California Public Records Act Request]

Further, if the foregoing demands are not agreed to in writing by 5:00 p.m. on Monday,
November 16, 2015, pursuant to Section 21167.5 of the California Public Resources Code
(PRC), notice is hereby given that the above-referenced clients will be filing legal action against
the Board of Trustees of the California State University system, California State University,
Chico, and the CSUC Research Foundation and other Real Parties in Interest, including, without
limitation, the California Wildlife Conservation Board (WCB), the State Office of Historic
Preservation (SHPO), the California Department of Fish and Wildlife (CDFW) and the Packard
Foundation c/o the Resources Legacy Fund.

This legal action will be based upon the legal inadequacy of the environmental review of
this Project, pursuant to the California Environmental Quality Act (CEQA) [PRC section 21000
et seq.] and the CEQA Guidelines [California Code of Regulations (CCR), Title 14, Section
15000 et seq.]. Specifically, CSUC and its Research Foundation has failed to provide public
notice and a meaningful opportunity to be heard and comment, pursuant to CEQA Guidelines,
section 15201, and to disclose, analyze, and consider the significant adverse effects to the historic
and biological resources on the site of the demolition and removal, including, without limitation,
species of bats that are of special concern and/or potential subject to listing under the California
Endangered Species Act (CESA); and, finally, to consider reasonably available and feasible
alternatives, such as restoring and rehabilitating the historic Henning House.

In addition, please take notice that Petitioner will be seeking an award of reasonable
attorney’s fees and costs from the City, pursuant to California Code of Civil Procedure section
1021.5 and Government Code section 800.

Please give special written notice to the undersigned and to my clients, of any public
hearing, meeting, or workshop at which the University or the CSUC Research Foundation

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proposes to consider an action to void, rescind, annul, vacate, and/or set aside the decision and
action, and/or approvals referred to hereinabove and/or for any public hearing, public meeting,
and/or workshop to be held before the CSUC Research Foundation Board or Staff to modify,
change, or amend the above-referenced decisions and/or actions.

Please provide the above-mentioned written notice to the undersigned at the office address
on the letterhead above. You may provide notice by hand delivery or via email or text.

Very truly yours,

/s/ Richard L. Harriman*

RICHARD L. HARRIMAN
Attorney for Petitioners

Enclosure: Conservation Easement

*Signed copy follows via facsimile transmission

cc: Timothy P. White, Chancellor, CSU

CSU Board of Trustees
Sally Magnani, Deputy Attorney General
Teri Ashby, Deputy Attorney General
Julianne Polanco, SHPO [julianne.polanco@parks.ca.gov]
Corey I. Brown, Esq., The Resources Legacy Fund [cbrown@resourceslegacyfund.org]
Clients

RLH/hr