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Home My WebLink About08.b.1) Written Legal Update - Kenton L. Alm of Meyers Navemeyers nave 555 12th Street, Suite 1500 Oakland, California 94607 tel (510) 808-2000 fax (510) 444-1108 www.meyersnave.com Central Contra Costa Sanitary District District Counsel Update by Kenton L. Alm November 4, 2016, Board Meeting Kenton L. Alm Attorney at Law Direct Dial: (510) 808-2081 kalm@meyersnave.com 8.b.1) 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 March 17, 2016. 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. Contra Costa County Deputy Sheriffs Association, et al. v. Contra Costa County Employee's Retirement Association, et al., Contra Costa County Superior Court, Case No. MSN 12-1870; Court of Appeal of the State of California, First Appellate District, Case No. A141913 • Case is fully briefed by all parties • Awaiting court to schedule oral argument, which is expected during this fiscal year Public Employees Union Local No. 1, et al. v. Contra Costa County Employees' Retirement Ass' n., Contra Costa County Superior Court, Case No. MSN 14-1221 • Lawsuit brought by the unions to challenge CCCERA's policy to end straddling • State and CCCSD briefs filed on February 26, 2016 • Oral argument on Phase One heard on June 15, 2016 • Petitioners' First Cause of Action was denied with prejudice; First Cause of Action dismissed in its entirety with prejudice Nikki Rubio v. City of Lafayette, Contra Costa County Superior Court, Case No. MSC14-00229 • Bicycle accident case for an allegedly protruding manhole near 4120 Happy Valley Road in Lafayette on July 13, 2013 • Rubio sustained fractured clavicle and acromion (including requiring open reduction and internal fixation surgery), ligament repairs, multiple rib fractures and a pulmonary pneumothorax (lung puncture) • Plaintiff filed suit against the City, but District not named as a party • District received claim from the City in November 2013; City defended through MPA District Counsel Update November 4, 2016 Page 2 ■ Lawsuit settled by MPA's attorney at mediation for $124,999; District was not a party and did not participate in the mediation • MPA sought to settle with the District at $62,500 • District paid 25 percent of mediation award of $31,250 on June 24, 2016 Site Cleanup Investigation, Regional Board 13267 Letter and CAOs RS -2014- 07S0132 and RS -2014-07S0204 ■ 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 ■ Last correspondence from RWQCB conditionally approved Chevron's June 17, 2016, Revised Groundwater Investigation Work Plan and required Chevron to submit a report of implementation of the Revised Work Plan by October 31, 2016 2. Transactional and General Counsel Advice. During the months since March 17 of this year, there has been a consistent, significant demand for public law general advice and work on other transactional matters. The greater presence of firm members onsite helped provide for the routine handling of much of this work. However, there were other matters, which require greater commitments of legal effort, some of which could not be handled solely within the onsite hours. Several matters which have fallen into this latter category include the Diablo Country Club recycled water agreements; the Pump and Blower Building Maximum Guaranteed Price Contract; the Sun Edison bankruptcy and Power Purchase Agreement; the Alamo Stonegate HOA easement matter; the CASA Flow and Modeling Study; support on select legislation; and participation in the Central San Academy. 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 remain 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 November 4, 2016 Page 3 Summary As noted previously, the increased onsite presence of Meyers Nave attorneys through attendance at office hours, and taking over responsibility for certain legal issues, appears to be beneficial to both District staff and the Firm. Several Firm members, such as Eric Casher, Jen Faught and Sky Woodruff, are becoming more familiar to staff, and the District's practice and culture are similarly becoming more familiar to these lawyers. The amount of litigation work for the District over the recent period has been somewhat reduced, which of course is positive for the District. Litigation is by its nature cyclical, but there is no current indication that this reduced activity level will change in the immediate future. I look forward to being available to supplement the information noted in the update or answer questions as may be appropriate. District Counsel Update November 4, 2016 Page 4 Exhibit "A" • 6494 Orinda Grove (easement through Orinda Ball Field) • 6603 Geary Townhomes (final map) • AB 2299 and SB 1069 (accessory dwelling unit legislation) • AB 779 (local government financial disclosures) • Access Issues (Leamy Property, Happy Valley Road) • Board Ethics Policy development • Board Policy for Mobile Computing Devices • Board Travel Policy • Category 1 Overflow and River Watch communications • CCWD Drying Basins (CCWD lease renewal) • CIP Authorization Limits • Conflict of Interest Code Update • District Annexation 191 (Faria Preserve West - San Ramon) • FPPC Regulations 18901 (prohibited mass mailings) • Grand Jury Report (recycled water) • Grayson Creek Renovation Project Bid and Contract • Headworks Bid and Contract • HHW and Janitorial RFPs • Little Hoover Commission/Howard Jarvis Tax issue • Moraga Country Club Recycled Water Agreement • Moraga Sewer Line Protection Agreement • Moraga Sinkhole Repair • Moraga Slide (EBMUD property) • PG&E's General Rate Case (2017-19) • Public Records Requests (numerous) • Recycled Water alternatives • Saint Mary's College Source Control matter • San Ramon Valley Fire Protection District Transfer Capacity Fee Credits • Solar Turbine (Air Quality Compliance) • Temporary Encroachment Permits (e.g. Parklet Facilities) • Unclaimed Deposit Recovery • Unemployment Benefits for Temporary Employees • UPCCAA/Alternative Bidding Procedures