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Home My WebLink About12.b.1) Written Legal Update of District Counsel Kent Alm 555 12th Street,Suite 1500 Kenton L.Alm • •/ Oakland,California 94607 Attorney at Law tel(510)808-2000 Direct Dial:(510)808-2081 fax(510)444-1108 kalm@meyersnave.com www.meyersnave.com nneyers nave Central Contra Costa Sanitary District District Counsel Update by Kenton L. Alm March 17,2016,Board Meeting This District Counsel Update briefly summarizes the issues for which legal services have been required during the last several months since the last update to the Board on October 15, 2015. This summary briefly lists litigation efforts that were undertaken during the period since the last report and several non-litigation issues requiring more than routine legal responses. The matters listed in this update are in addition to the day-to-day responses to staff inquiries, attendance at the weekly onsite office hours, attendance at agenda review and Board committee and formal Board meetings. 1. Litigation and Regulatory Matters. Underground Boring Systems, Inc. v. Carone & Co., Inc., et al., Contra Costa County Superior Court, Case No. MSC 14-01746 • Complaint filed on September 22, 2014, by subcontractor for non-payment by contractor relating to Lafayette sewer renovation project • Attempting to resolve the matter without further litigation efforts • Conditional settlement and request for dismissal entered on December 24, 2015 Contra Costa County Deputy Sheriff s Association, et al. v. Contra Costa County Employee's Retirement Association, et al., Contra Costa County Superior Court, Case No. MSN12-1870; Court of Appeal of the State of California, First Appellate District, Case No. Al 41913 • Case is fully briefed by all parties • Awaiting court to schedule oral argument, which is expected to be in the summer or fall of 2016 Public Employees Union Local No. 1, et al. v. Contra Costa County Employees' Retirement Ass'n., Contra Costa County Superior Court, Case No. MSN14-1221 • Lawsuit brought by the unions to challenge CCCERA' s policy to end straddling • State and CCCSD briefs filed on February 26, 2016 District Counsel Update March 17, 2016 Page 2 Site Cleanup Investigation, Regional Board 13267 Letter and CAOs RS-2014- 0750132 and RS-2014-0750204 • Chevron and Gregory Village served Petitions for Review in December 2014; a primary issue raised is failure of Regional Board to name District • Investigation activities continue on schedule by Chevron • Gregory Village Partners investigation has been delayed based on claimed financial inability • Issues regarding potential contribution from District sewer lines continues to be raised by Chevron and Gregory Village Water Damage Claim, 69 La Espiral (Pre-litigation) • Significant flood damage event occurred in November 2014 due to District contractor breaking waterline • Substantial efforts by staff and counsel were undertaken to promptly resolve the matter and avoid litigation • Mediation held November 2, 2015; settlement agreement executed on December 15, 2015 • Dismissal of lawsuit filed January 8, 2016 2. Transactional and General Counsel Advice. During the months since October 2015, there has been a consistent, significant demand for public law general advice and work on other transactional matters. As is typical with general counsel work, much of the time is consumed dealing with relatively routine matters that arise and are taken care of without excessive commitments of time or any involvement of the Board. There have been other matters which the Board has some familiarity that have also consumed significant amounts of legal effort; such as: the Caffe Classico fee issue; the Diablo Country Club recycling facility proposal; the comprehensive wastewater master plan; and the Solar Turbine maintenance contract issues. There are many other less publicized administrative and purchasing issues that have unfortunately also consumed significant amounts of legal effort, such as a continued implementation of SB854 (prevailing wage certification program) and developing a pre-purchase contract with Eaton for the switchgear replacement project. More difficult purchasing and contracting issues have been more prevalent recently than in other time periods. In addition to the specific matters noted above,there have of course been numerous day- to-day activities in support of engineering, plant operations and collection system operations. Right-of-way acquisition and other real property matters are always somewhat prevalent, as are construction and bidding related matters. However, rather than attempting to provide a narrative setting forth the details and breadth of the legal work required by other District activities, I have attached a summary listing of a number of the specific matters which have required legal effort over the last several months. The list is attached as Exhibit"A"to this narrative update. District Counsel Update March 17, 2016 Page 3 Summary I believe the increased presence of myself and other Meyers Nave attorneys at the District resulting from the increased office hours has worked well for the District. Having office hours at three different times during the week appears to better accommodate staff members' schedules and produced a more positive "team member"type relationship. Fortunately, the amount of litigation work for the District is currently somewhat reduced, which should provide the potential for ample support to staff as it continues to undertake several of the important administrative, technical and engineering programs, which the Board has directed. I look forward to being available to supplement the information noted in the update or answer questions as may be appropriate. 2605105.1 Exhibit "A" SELECTED LISTING OF TOPICS ADDRESSED DURING REPORT PERIOD • 3314 Walnut Avenue appraisal/legal opinion • 94 Austin Lane, ROW and access issues • ABAG fraudulent transfer settlement • Alamo Stonegate agreement regarding easement repair • Alliant agreement • AMS Associates agreement (consultant regarding asset management) • Bill analysis SB272 and AB169 • Bulldog Gas sales agreement review • Caffe Classico connection fee legal support Cathode ray tube class action settlement • Code revisions regarding refunds, credits, adjustments COIN legislation and constitutionality issues • Comprehensive wastewater master plan support and CEQA issues • Conflict of interest code update • General recycled water issues • Kiewit REW truck fill project • Mariposa case (whether MMPs is diligent prosecution) • NPDES permit history regarding recycled water • Personnel issues • PES agreement for project with Brown and Caldwell • PRA request for records regarding subdivision 4955 • Pretreatment program issues regarding several enforcement matters • Prevailing wages, implementation of SB854 • Prop 218 issues • Purchasing policy revision • Rancho Laguna, license agreement for sewer line , common use agreement • River Watch issues; category 1 SSO CAM 17 analysis • River Watch settlement follow up • Sacramento Regional endangered species, coordination lawsuit • Satellite water recycling facility for Diablo Country Club • Service line warranty program • Sewer service charge policy • Sole source negotiation and contracting for Solar Turbine maintenance St. Mary's College enforcement letter • Sun Edison PPA agreement amendment(power purchase agreement) • Switchgear replacement project, sole source Eaton pre-purchase contract award • Transferring raw wastewater to DSRSD/Delta Diablo • Tree removal St. Mary's Road • Walnut and Grayson Creeks levee rehabilitation project and agreement with flood control • Wholesale recycled water study 2620489.1