HomeMy WebLinkAboutAgenda Report - December 15, 2004 I-06AGENDA ITEM HO
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Approval of Expenses Incurred by Outside Counsel/Consultants Relative to the
Environmental Abatement Program Litigation and Other Various Cases being
Handled by Outside Counsel ($128,921.52), Approval of Attorney's Fees Incurred
by US Bank, Trustee for the Program Receipts Repurchase Agreement in the
Lehman Litigation ($11,337.50), and Approval of Special Allocation Covering
General Litigation Matter Expenses ($80,856.46)
MEETING DATE: December 15, 2004 City Council Meeting
PREPARED BY: Steve Schwabauer, City Attorney
RECOMMENDED ACTION: That the City Council approve for payment expenses incurred by outside
counsel, Kronick, Moskovitz, Tiedemann & Girard, JAMS Mediation Services,
relative to the Environmental Abatement Program litigation and general
litigation matters in the total amount of $128,921.52, approval of attorney's fees incurred by US Bank, Trustee for
the Program Receipts Repurchase Agreement in the Lehman Litigation ($11,337.50), and approve Special
Allocation for General Litigation Matter Expenses in the amount of $80,856.46 to be paid from the General Fund.
BACKGROUND INFORMATION: Listed below are invoices relating to the Environmental Abatement
Program litigation and general litigation matters from the City's outside
counsel, Kronick, Moskovitz, Tiedemann & Girard, JAMS Mediation
Services, and US Bank in the total amount of $140,259.02 for payment approval. Staff also requests approval of a
Special Allocation for General Litigation Matter expenses in the amount of $80,856.46 that is required for those
matters that are paid out of the General Fund and not the WaterNVastewater accounts.
Kronick, Moskowitz, Tiedemann & Girard
Matter No./Description
Invoice Amount
11233.021 On-site Litigation Support (Docket Clerk) Through 9125/04 216072
11233.021 On-site Litigation Support (Docket Clerk) Through 11/21/04 217019
11233.001 General Advice
11233.003 Lehman Brothers, Inc.
11233.004 Envision Law Firm
11233.009 Rogers v. County of San Joaquin, et al
11233.010 Phelps v. City of Lodi et al.
11233.017 M&P Investments
11233.023 City of Lodi v. City of Stockton
11233.024 Stockton Family Farmers Coalition
11233.025 City of Stockton v. City of Lodi
11233.009 Rogers v. County of San Joaquin, et al
11233.009 Rogers v. County of San Joaquin, et al
Through 11/21/04
Through 11/21/04
Through 11/21/04
Through 11/21/04
Through 11/21/04
Through 11/21/04
Through 11/21/04
Through 11/21/04
Through 11/21/04
217020
217020
217020
217020
217020
217020
217020
217020
217020
2,776.00
$ 1,200.00
$ 31.99*
$ 82.80
$ 47.00
$ 125.69*
$ 5,594.52*
$ 190.11
$ 6,268.16
$ 616.37
$ 697.58
$ 13,654.22
Through 8/25/04 215583 $ 40,271.01
Through 9/25/04 216073 $ 54.833.25
$ 95,104.26
Negotiated Deduction - Less -_ 20.000.00
$ 75,104.26"
* Requires Special Allocation for payment from General Fund.
JAMS
Invoice #0000904465-110 Mediation Services
For period 919104 — 9130104
Invoice #0000916221-110 Mediation Services
For period 1015104 — 10/29/04
Invoice #0000925972-110 Mediation Services
For period November
$ 2,887.50
$ 19,440.03
Less Duplicative Entry - 1,687.50
$ 17,752.53
US Bank
Extraordinary Administration Fees from April 1, 2004 -July 31, 2004
Legal Invoices through July 31, 2004
FUNDING: Water $29,701.28
Wastewater $29,701.28
General Fund $80,856.46
A proved:
Ji Krueger, Finance Director
$ 2,795.00
S_ 8,542.50
$ 11,337.50
GRAND TOTAL $140,259.02
Step en Schwabauer
City Attorney