HomeMy WebLinkAbout06.b.1) Legal and legislative update by District Counsel6.b.1
Central Contra Costa Sanitary District
District Counsel Update
January 12, 2012 Board Meeting
By: Kenton L. Alm
The last periodic report to the Board by District Counsel concerning legal issues was provided
on July 21, 2011. This summary attempts to briefly outline several of the issues for which legal
services have been required during the last few months. Your Counsel is reporting there that
there has been a substantial need for legal services over the last several months. This legal effort
has been necessitated due to pending litigation, items relating to environmental compliance and
NPDES permitting, and the significant efforts relating to preparation for labor negotiations.
This summary first briefly lists the litigation efforts which were required in the last several
months and thereafter briefly lists several of the non - litigation issues for which your Counsel has
provided services. As is typical, the matters listed in this report 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 Committee and formal Board meetings.
1. Litigation Matters
The litigation demands during this recent period have remained substantial. This is due
primarily to the litigation efforts related to the contamination at the Gregory Village Mall in
Pleasant Hill. As you are aware this has resulted in two separate lawsuits each of which includes
claims under several federal and state statutes requesting both injunctive orders relating to
cleanup and recovery of investigative and cleanup costs. Substantial motion practice has
occurred and is ongoing. Our intent of these efforts is to. substantially narrow the breadth of
the suits. Two significant hearings in the two Gregory Village matters are set for February.
Briefing on both motions to dismiss has been completed. In addition to the Gregory Village
mall activities, we have recently been served with a personal injury lawsuit and will be
responding to that matter.
2. Environmental and Permitting Issues
During this period, there has also been an increase in the need for services relating to
environmental and permitting issues. Legal Counsel has supported staff with regard to several
detailed and sophisticated issues relating to the Tentative Order for the new NPDES Permit.
Assistance has been provided in developing the District's response to comments on the draft
NPDES Permit.
3. Engineering/ Construction Related Issues
As is typical, there has been a constant flow of legal work emanating from matters within the
focus of Engineering Division. One of the non - typical issues dealt with the default of a District
contractor, NCCI Inc. This matter has now ended up with the Bank initiating a receivership for
NCCI and issues as to rights to the retention under our contract are pending. Several other
Central Contra Costa Sanitary District
District Counsel Update
January 12, 2012 Board Meeting
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matters relating to subcontractor payment and replacement of defective paving have arisen
during this period.
4. Ongoing Matters
It is anticipated that substantial staff and legal resources will continue to be required over the
next six months to address the allegations contained in the Gregory Village Partners and
Schaeffer's' litigation which is not back in State Court. Discovery and document production will
soon be occurring. These matters will continue to require substantial legal attention. Staff and
consultant efforts will also be required. Similarly, the upcoming negotiations will require an
unusual amount of legal support on labor issues.
District Counsel will of course 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 be available to provide other than routine services
if they are required.
Your Counsel is available to answer questions and provide further follow up individually or
through additional written materials if any Board member so desires.
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