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HomeMy WebLinkAboutAgenda Report - September 20, 2006 K-03AGENDA ITEM -K.,3 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 ($130,186.10). MEETING DATE; September 20, 2006 City Council Meeting PRF:PA_igD WY: _ _pity AtWrney's office RECOMMENDED 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 $129,450.90, and Various other cases being held by Outside Counsel in the amount of $735.20. BACKGF40UND INFORMATION: Listed below are invoices from the City's outside counsel, Folger, Levin & Kahn; Kronick, Moskovitz, Tiedemann & Girard; and JAMS Mediation Service, 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 &!Cahn - Invoices Distribution Water Acct. Total Matter No. Invoice No. Date Description Amount 8002 96861 7/30/2006 People v M&P Investments $22,047.56 $ (650.00) 8003 96862 7/30/2006 Hartford Insurance Coverage Litigat $105,045.76 ($2,840.00) 8008 96863 7/30/2006 City of Lodi v. Envision Law Group $5,062.38 13606 7/30/2006 Keith O'Brien/PES Environmental, In $225.00 6268 6/30/2006 Peter Krasnoff,West Envir.Service $292.50 $129,183.20 Kronick Moakovitz Tiedemann & Girard - Invoices Distribution $1,002.90 735.20 $267.70 APPROVED: _ Blair Kin§ -,City Manager Total Distribution Matter No. Invoice No. Date Description Amount 100351.732 Water Acct, 11233.019 227478 08/25/06 Claims by Envir. Consultants $267.70 $267.70 11233.027 227478 08/25/06 Citizens for Open Govt.v.Col 107.95 107.95 11233.029 227478 08/25/06 AT&T v. City of Lodi 627.25 627.25 $1,002.90 735.20 $267.70 APPROVED: _ Blair Kin§ -,City Manager FISCAL WPACT: Expenses in the amount of $735.20 will be paid out of the General Fund with $107.95 of that amount billed to Walmart for City's defense of the Citizens for Open Government litigation. The remaining expenses will be paid out of the Water Fund. FUNDING AVAILABLE: Water Fund $129,450.90 General Fund $ 735.20 Approved: Approved: .� err►- �.-�+l��i� ,,Wby Pai*Ve, Financial Servl=es M=naqe�r 4& 776 laffLl Attor T { CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGED ATTORMEY WORK PRODUCT 811712006 PCEITCE Litigation 6 -Month Budget Recap (July - December 2006) JULY Matter 6 -Month Opening One Month Amount BliW VuianCo fmM RAWmildw 6- CW&VM*m ffwd9W 81ftnice for 6- Amount July . Monthly Month Budget Billed In 6 - Month Budget Amount Mo. Budget Period M&P, Rotated Cases includes matters $ 742,500 $ 742,500 $ 123,750 $22,048 -$1131,702 $724,452 $22,048 8401 8002 8007 Hartford Action 8003 $ 835,000 $ 835,000 $ 139,167 $105,046 -$34,121 $729,954 $105,046 Envision Claims$ 8008 365,000 $ 365,000 $ 60,833 $5,062 -$55,771 $359,935 $5,062 Totals $ 1,942,500 $1,942,500 $ 323,750 $132,156 -$191,594 $1,810,344 $132,156 "Approved by City Council at the midpoint of $1,942,500 million. *'Invoices dated August 17, 2006 for period July 1 through July 31, 2006. 200681$0011509156.1