Loading...
HomeMy WebLinkAbout05.b.1) Written Legal Update5 Central Contra Costa Sanitary District District counsel Update March 3, 2011 Board Meeting By: Kenton L. Alm The last periodic report to the Board by District Counsel concerning legal issues was provided on August 5, 2010. This summary attempts to briefly outline several of the issues for which legal services have been required during the last few months. This summary first briefly lists the litigation efforts which were required in the last six months and thereafter briefly lists several of the non - litigation issues for which your Counsel has provided services. The matters listed below are in addition to the day -to -day responses to staff inquiries, attendance at the weekly on -site office hours, and attendance at agenda review, Board Conmmittee and formal Board meetings. 1. Litigation Matters The amount of litigation and pre - litigation effort has picked up during the last several months, however the demands are still at a somewhat moderate level as no significant matters are in the midst of active litigation efforts such as discovery and motion practice. The Freeman personal injury matter is still pending and a decision on a second demurrer is forthcoming which should either terminate our involvement in the case or put it at issue. The'Gregory Village Partners and Paladin Law Group RCRA Notices of Intent to Sue have occasioned some substantial pre - litigation efforts. The final wind -up and resolution of the Parkinen matter also occurred since our last legal update. 2. Non- LitiLyation Matters Legal activities for non - litigation matters have increased over the last six months due to several risk management issues and regulatory issues. Ordinary legal review of Board agendas, meeting attendance and ad hoc advice on a variety of matters has occurred as would be expected. A short summary of work provided for the several departments is as follows: A. Administrative Department In addition to the legal work related to specific Board and Committee meetings, there have been several other areas of legal work for the administrative department for the last several months. Several of the non - reoccurring type assignments included review of the revised retention schedules, a disaster banking plan, candidate statement errors, other election matters, Board expenditure and reimbursement issues, as well as several conflict of interest issues. our firm has also provided assistance with regard to both the County Quarry and Contra Costa Topsoil Lease extensions. Your legal staff has worked with management on a variety of issues related to fee setting including the impacts and procedures related to Prop 218 and Prop 26. In addition members of our firm provided AB 1234 training. In addition to the noted matters, there have been several risk management issues that have required legal assistance over the last few months. Those included legal support on several storm damages or soil subsidence matters including support for the settlement of the Zander Central Contra Costa Sanitary District District Counsel Update March 3, 2011 Board Meeting Road slide. other risk management issues include an EBMUD broken pipe claim, claim against McGuire and Hester related to the Eleve overflow as well as others. B. Engineering Department As is typical, a substantial portion of the non- litigation work undertaken by District Counsel relates to matters within the scope of the Engineering Department. Legal assistance has been provided with regard to a number of issues concerning AVADs and CADs, review of the proposed standard specifications along with continued assistance to the construction contract specifications committee. Legal services have also been required with regard to several right of way matters including finalization of Buchanan Field loss of use payment. Legal assistance has been provided, including pre- condemnation advice concerning several right of way matters including those related to the Camino Encinas project. Much of this work has been done by attorneys from our Eminent Domain Group. In addition to the efforts noted above, legal assistance has been provided on a number of construction type projects including assistance with regard to seismic work on the 4737 Imhoff Drive buildings, potential abandonment of Imhoff Place, several subcontractor substitution issues and numerous other engineering or construction related matters. C. Cross Department Assignments During the last several months there have been several interesting and important regulatory issues which have arisen that cut across several departments including the Plant operations Department. As the Board is aware several very important regulatory issues have arisen over the last few months and legal has been fortunate enough to be able to provide some advice with regard to these matters including comments on the Sacramento Regional Permit, comments on the sewage incinerator Section 129 rulemaking and the pending revisions to the whole effluent toxicity rule. 3, Ongoing Matters It is anticipated that District Counsel will continue to attend routine staff and Board meetings, provide other services covered under the existing retainer agreement, and continue to provide four hours a week of office hours. District Counsel will of course be available to provide other than routine services if they are required. It is anticipated that substantial staff and legal resources will be required over the next six months to address the allegations contained in the RCRA Notice letters from Gregory Village Partners and the Paladin Law Group. It is not clear whether these matters will be formally filed and served before late Spring, but is anticipated a substantial amount of staff, consultant and legal work will be undertaken in the next couple of months. Your Counsel is available to answer questions and provide further follow up individually or through additional written materials if any Board member so desires. 1579818.1 2