HomeMy WebLinkAbout09.b.1 District Counsel Updateq.b.~)
Central Contra Costa Sanitary District
District Counsel Update
August 5, 2010 Board Meeting
By: Kenton L. Alm
The fast periodic report to the Board by District Counsel concerning legal issues was provided on February
4, 2010. This summary attempts to briefly outline several of the issues for which legal services have been
required during the last six 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 of course 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
During the last six months the District has been involved in a limited amount of litigation. The Parkinen
litigation continued to be processed, motions were made and responded to and amended pleadings were
presented. Substantial contact with the Court and plaintiff's counsel led to a mediation which occurred on
July 14, 2010 resulting in settlement of the matter. In addition, pre-litigation type advice has been provided
for the District's ongoing risk management efforts.
2. Non-Litigation Matters
Legal activities for non-litigation matters have been more modest than usual over the last six months. 01
course, 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 each of the District's
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. The most notable
issues requiring legal review and assistance within the administrative department include issues related to
CCCERA, County Quarry lease, emergency treasury functions, legal support for the bond issuances, and
miscellaneous property and lease matters. In addition, the last few months have involved a number of risk
management issues where legal assistance has been provided including issues such as the overflow at the
Eleve' Restaurant in Walnut Creek and several other outstanding collection and claims matters.
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. Substantial amount of coordination efforts and
advice have been required with regard to fee setting matters including Prop 218 issues, collection of
delinquent fees and other fee setting and budgeting matters. Legal assistance has also been provided with
regard to a number of issues concerning AVADs and CADs, review of the proposed standard specifications
Central Contra Costa Sanitary District
District Counsel Update
August 5, 2010 Board Meeting
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 Buchanan Field loss of use
payment, Green Street easement acquisitions, the wet weather bypass easement, as well as others. As
would be expected during this time of competitive construction bids, there have been protests or potential
protests on nearly all of the construction contracts awarded within this period. To highlight a couple of
matters, there have been construction related issues concerning Page Construction, the W.E. Lyons bid
protest and issues raised by Manito Construction.
In addition to the matters noted above there has been a variety of other work emanating from the
engineering department such as matters relating to disputes over connection fees, source control
enforcement and renewal of the ACME leachate discharge permit.
C. Other Departments
Fortunately there has only been a minimum amount of legal services required by Plant Operations and
Collection System Operations during the past several months. However some modest services have been
provided with regard to issues such as TMDLs, sewer system overflows and access issues, such as at
Roundhitl North Estates.
3. Onpoing Matters
At this time there are not a large number of ongoing matters requiring immediate substantial use of legal
services. The Parkinen matter has concluded and there are no other active litigation matters pending.
There is one matter where the District has been recently named as a defendant which suggests it will be
defending a personal injury lawsuit in the near future. Although we are aware of no other anticipated
litigation, new claims may certainly present themselves.
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 has been the good fortune of the District recently to require less than past requirements for legal services.
Hopefully this reduced need for legal services is a result of both good administration of the use of legal
services by District staff and increased efficiency in providing legal services by your District Counsel.
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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