HomeMy WebLinkAboutAgenda Report - May 20, 2009 K-04AGENDA ITEM.et4
• CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Approve Legal Expenses Incurred by Outside Counsel Relative to the Environmental
Abatement Program Litigation ($2,839.72); and the Lodi First Litigation ($7,333.92);
and further Provide Direction to City Attorney Regarding Desired Procedures for Future
Litigation Billings.
MEETING DATE: May 20,2009
PREPARED BY: Citv Attornev's Office
RECOMMENDED ACTION: Approve Legal Expenses Incurred by Outside Counsel Relative to the
Environmental Abatement Program Litigation (2,839.72) and the Lodi
First Litigation ($7,333.92); and further Provide Direction to City
Attorney Regarding Desired Proceduresfor Future Litigation Billings.
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 Litigation and the Lodi Firstv.
City of Lodi litigation relating to the Wal-Mart Supercenter Project, that are currently outstanding and need to
be considered for payment.
Folger Levin & Kahn - Invoices Distribution
Matter No. Invoice No. Date Description Water Acct.
8002 114783 Apr -09 People v. M&P 1,680.00
8003 114784 Apr -09 Hartford v. Col 300.00
8008 114786 Apr -09 City of Lodi v. Envision 859.72
Total $2,839.72
Kronick MoskovitzTiedemann & Girard - Invoices Distribution
Matter No. Invoice No. Date DescriDtion 100351.7323
11233.026 244020 04/25/09 Lodi First v. City of Lodi $7,333.92
While the City was in the depths of the environmental litigation, the City Council requested to be informed of
all legal costs associated with that litigation. However, with the environmental litigation winding down, and in
the instance of the Lodi First and Citizens for Open Government billings, in which the City is being totally
reimbursed by Wal-Mart, it may not be necessary for Council to approve each and every legal billing. My
recommendation to Council would be to allow staff to process the indemnified Wal-Mart billings for payment
and provide the City Council a quarterly report on all legal expenses paid during the preceding period.
However, PCE -related invoiceswill continue to be agendizedfor prior Council approval.
FISCAL IMPACT: Expenses in the amount of $7,333.92 will be paid out of the General Fund and billed to
Wal-Mart for City's defense of the Lodi First litigation; the remaining expenses will be paid out of the Water
Fund.
FUNDING AVAILABLE: 100351.7323- $7,333.92
184010.7323 - $2,839.72
APPROVED:
Blair King, C,i4y1yl anager