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HomeMy WebLinkAboutAgenda Report - December 21, 2005 K-11AGENDA ITEM` k4ft CITY OF LODI COUNCIL COMMUNICATION 7M AGENDA TITLE: Approval of Expenses Incurred by Outside Counsel/Consultants Relative to The Environmental Abatement Program Litigation and Various Other Cases being Handled by Outside Counsel ($111,268.43), and Approval of Special Allocation Covering Genual Litigation Matter Expenses ($10,066.11). MEETING DATE: December 21, 2005 City Council Meeting PRFPAUD ICY: City Attgrney's Office RECOMPENDED ACTION: That the City Council approve for payment expenses incurred by outside Counsel/Consultants related to the Environmental Abatement Litigation and various other cases being handled by Outside Counsel in the total amount of $111,268.43, and approve Special Allocation for General Litigation Matter Expenses in the amount of $10,066.11 to be paid from the General Fund. BACKGROUND INFORMATION: Listed below are invoices from the City's outside counsel, Folger, Levin & Kahn and Kronick, Moskovitz, Tiedemann & Girard for services incurred relative to the Environmental Abatement Program litigation and various other cases that are currently outstanding and need to be considered for payment. A Special Allocation is required for those matters that are not to be paid out of the Water account ($10,066.11). Deductions from the invoices are reflected in parenthesis. Folger Levin & Kahn - invoices Distribution Matter No. 11233.001 11233.019 Kronick Moskovitz Tiedemann & Girard - Invoices Distribution Total Invoice No. Date 222267 10/25/05 Claims by Environmental Cons 11233.026 222267 10/25/05 Lodi First v. City of Lodi 11233.027 222267 10/25/05 Citizens for Open Govt.v_Col $99,627,31 Amount 10M51.7323 183453.7 1,096.00 ($54.00) 1,008.11 449.35 1,008.11 449.35 1,096.00 -54.00 2,904.46 1,862.46 1,042.00 APPROVED: _ Blair King, City Manager Total Matter No. Invoice No. Date Description Amount 8001 91583 10/31/05 General Advice/Environmental Matters $190.36 8002 91556 10/31/05 People v M&P Investments $18,631.79 ($805.00) 8003 91559 10131105 Hartford Insurance Coverage Litigation $26,245.25 ($470.00) 8005 91560 10/31/05 Unigard Insurance $1,008.20 8006 91561 10/31105 Fireman's Fund/Unigard Appeal $557.83 8008 91562 10/31/05 Envision Law Group $54,268.88 Matter No. 11233.001 11233.019 Kronick Moskovitz Tiedemann & Girard - Invoices Distribution Total Invoice No. Date 222267 10/25/05 Claims by Environmental Cons 11233.026 222267 10/25/05 Lodi First v. City of Lodi 11233.027 222267 10/25/05 Citizens for Open Govt.v_Col $99,627,31 Amount 10M51.7323 183453.7 1,096.00 ($54.00) 1,008.11 449.35 1,008.11 449.35 1,096.00 -54.00 2,904.46 1,862.46 1,042.00 APPROVED: _ Blair King, City Manager 351.7323 18,3453.7323 124.94 533.01 7,667.60 411.11 8,736.66 8,203.65 533.01 FISCAL IMPACT: Expenses in the amount of $10,066.11 for legal representation related to miscellaneous City mat*rs being handled by outside counsel will be paid out of the General Fund ($9,536.17 of this amount will be billed to Walmart for City's defense of the Lodi First and Citizens for Open Gov't. litigation). FUNDING AVAILABLE: Water $ 101,202.32 General Fund $ 10,066.11 j 1 Step en c wabauer City Attorney Approved: 4; Jim Kr, er, Finance Director Kronick Moskovitz Tiedemann $ Girard - Invoices Distribution Total D Matter No. Invoice No. Date Description Amount 1 11233.561 222698 11/25/05 General advice 124.94 11233.019 222698 11/25/05 Claims by Environmental Cons. 533.01 11233.026 222698 11/25/05 Lodi First v. City of Lodi 7,667.60 11233.027 222698 11/25/05 Citizens for Open Govt.v.Col 411.11 351.7323 18,3453.7323 124.94 533.01 7,667.60 411.11 8,736.66 8,203.65 533.01 FISCAL IMPACT: Expenses in the amount of $10,066.11 for legal representation related to miscellaneous City mat*rs being handled by outside counsel will be paid out of the General Fund ($9,536.17 of this amount will be billed to Walmart for City's defense of the Lodi First and Citizens for Open Gov't. litigation). FUNDING AVAILABLE: Water $ 101,202.32 General Fund $ 10,066.11 j 1 Step en c wabauer City Attorney Approved: 4; Jim Kr, er, Finance Director