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HomeMy WebLinkAboutAgenda Report - May 17, 2006 K-09AGENDA ITEM " CITY OF LODI COUNCIL COMMUNICATION TM 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 ($144,161.99). MEETING DATE: May 17, 2006 City Council Meeting PREPAW BY: Citv Atternev's Office RECOMWNDED ACTION: That the City Council approve for payment expenses incurred by outside Counsel/Consultants related to the Environmental Abatement Litigation in the total amount of $141,583.88, and various other cases being held by Outside Counsel in the amount of $2,578.11. 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 matters that are currently outstanding and need to be considered for payment. Folger Levin & Kahn - Invoices Distribution $141,583.88 Kronick Moskovitz Tiedemann & Girard - Invoices Distribution Total Matter No. Invoice No. D e Description Amount 8002 94732 3/3112006 People v M&P Investments 43,031.08 224621 03/25/06 General advice 153.50 (1,040.00) 8003 94738 3/31/2006 Hartford Insurance Coverage Litigation 84,406.28 1,005.16 11233.027 224621 03/25/06 (4,360.00) 8008 94725 3/31/2006 City of Lodi v. Envision Law Group 8,556.68 AT&T v. City of Lodi 6143 2/2812006 Peter Krasnoff, Expert 3,887.50 12984 4/2/2006 Keith O'Brien, Hydrogeologist 7,102.34 $141,583.88 2,578.11 2,578.11 FISCAL WPACT: Expenses in the amount of $2,578.11 will be paid out of the General Fund and billed to Walmart for City's defense of the Lodi First and Citizens for Open Government litigation. The remaining expenses will be paid out of the Water Fund. FUNDING AVAILABLE: Water Fund $141,583.88 General Fund $ 2,578.11 Approved:Approved " 1 Ruby Pa, , Interim Finance Director ity Attorne �r APPROVED: Blair ki , ity Manager Kronick Moskovitz Tiedemann & Girard - Invoices Distribution Total Matter No. Invoice No. D412 Description Amount 100351.7323 11233.001 224621 03/25/06 General advice 153.50 153.50 11233.026 224621 03/25/06 Lodi First v. City of Lodi 1,005.16 1,005.16 11233.027 224621 03/25/06 Citizens for Open Govt.v.Col 362.45 362.45 11233.029 224621 03/25/06 AT&T v. City of Lodi 1,057.00 1,057.00 2,578.11 2,578.11 FISCAL WPACT: Expenses in the amount of $2,578.11 will be paid out of the General Fund and billed to Walmart for City's defense of the Lodi First and Citizens for Open Government litigation. The remaining expenses will be paid out of the Water Fund. FUNDING AVAILABLE: Water Fund $141,583.88 General Fund $ 2,578.11 Approved:Approved " 1 Ruby Pa, , Interim Finance Director ity Attorne �r APPROVED: Blair ki , ity Manager I CONilur-INITIAL, ATTORNEY-CLIENT PRIVILEGED ATTORNEY WORK PRODUCT 4125!2006 PCEITCE litigation 6 -Month Budget Recap (January - June 2006) MARCH Matter 6 -Month Opening One (Month Amount Billed Variance from Remainder 6- Cumulative Budget* Balance for 6- Amount March" Monthly Month Budget Billed In 6 - Month Budget Amount Mo. Budget Period M&P, Related Cases includes matters $ 667,500 $ 634,672 $ 111,250 $43,031 -$68,219 $ 591,641 $75,859 8001, 8002, 8007 Hartford Action 8003 $ 870,000 $ 619,442 $ 145,000 $84,406 460,594 $ 535,035 $334,965 Envision Claims 8008 $ 425,000 $ 1,764,250 $ 70,833 $8,557 -$62,277 $ 1,755,693 $35,804 Totals L_ I $ 1,962,500L $3,018,363 - — $ 327,083 $135,994 -$191,089 $2,882,369 I $446,628 "Approved by City Council at the midpoint of $1,962,500 million. "'Invoices dated April 25, 2006 for period March 1 through March 31, 2006. 2006MMI W82646.1