HomeMy WebLinkAboutAgenda Report - October 21, 1992 (47)CITY OF LODI
COUNCIL COMICATION
AGENDA TITLE: Request for Council authorization/appropriation to
continue retention of Dufour & Associates for assistance
with DBCP regulations.
MEETING DATE: October 21, 1992
PPEPARBD BY: City Attorney
RECOMMENDED ACTION: Council consideration/approval of continued retention of
Dufour & Associates.
BACKGROUND: At the meeting of April 15, 1992, the City Council
authorized retention of the firm of Dufour & Associates
to assist in seeking administrative remedies in handling
the City's DBCP problems. As pointed out at that time, it appears to be in the
City's best interest to pursue both the suit for damages being handled by the
law firm of Miller & Rolfe, and also this administrative approach to deal with
the situation. The Council approved retaining Dufour & Associates, with
expenditures not to exceed $10,000.
Since April, Mr. Dufour has worked extensively with the State Department of
Health Services (DHS) and other regulatory agencies as well as the Mayor's Task
Force on DBCP. It appeared we were making excellent progress in getting DHS to
agree to certain interpretations of applicable regulations which might have
alleviated some or all of the problems, However, DHS officials a few weeks ago
in an apparent reversal informed us the regulatory language did not permit them
to do as we requested.
It appears there may be other avenues, however, which Mr. Dufour's firm could
help us explore with regulatory agencies. These would include exemption or
waivers, as well as the possibility of special legislation. Since expenditures
are now approaching the maximum $10,000 figure authorized in April, it is
requested that the Council approve and appropriate an additional $10,000 for
Dufour & Associates to carry forward efforts for an administrative solution,
plus an additional $1,000 to cover associated expenses.
FUNDING: Water Operating Reserve.
Respectfully submitted,
Bob McNatt
City Attorney
APPROVED --
THOMAS A. PETERSON ........
DBCPCC/TXTA. DIV City Manager
Cc -1
DLTOUR & ASSOCIATES
A:JT0RNn'% AT iA%V
JAMES T IK K) 1R
KEVIN J. III IRDICK
NUCHAF1. R. 1)RMT()N
KEN DAM.
CA)%TMM M., RF.IATIOM, CA)N.M TTANI
October 13, 1992
Mr Bob McNatt
City Attorney
CITY OF IMI
221 W. Pine Street
Lodi, CA 95240
%NCRAti(F.1 f(), CA
911.414
( 9161 :5; 32.1'
FAX 0161 iia 32G1
OCT 14 1992
City Attorney's Office
Re: Continuation of Retainer to Provide Counsel and Representation
of the city on the DBCP Issue
Dear Me. McNatt:
As we discussed, the current authorized retainer of $10,000, plus expenses has
been exhausted. In fact, my records indicated the following:
$6,736.25 Billed and Paid through 8/92
$3.364.3 Currently Billable through 8/31/92
$10,155 TOTAL
In addition, we have expended some additional professional service hours in the
current billing period.
As you know, our intense efforts especially in August in support of the Public
Works Department nearly succeeded in obtaining an amended permit which would 1
have resolved the DBCP issue for the City in an extremely expeditious manner.
Furthermore, my involvement with the Mayor's special committee on DBCP
required attendance at approximately bi-monthly meetings which were an
unanticipated professional service.
Therefore, as the City moves forward to consider the alternative remedies of
legislation, exemptions, and variance requests, it will be necessary to reauthorize
our retainer for additional professional services.
I believe it would be most appropriate W extend the authorization for an additional
$10,000 plus $1,000 for reasonable ordinary fees and expenses for a total of
$11,000 commencing on September 1, 1992. Based on anticipated level of effort,
this retainer reauthorization should provide a consistent level of support to the
Mayor's committee and to the Public Works Department through April 1, 1993.
If an unanticipated issue arises, like extensive preparation for a hearing on an
exemption or variance, or if the legislation route requires a more intensive
commitment of resources, this authorization may have to be reviewed in light of
these new circumstances.
I am looking forward to continuing to work with you and the City on this
important issue.
JTD:dmg
cc: Jack Ronsko, City of Lod i
Ver truly yo ,
, C
?A�MES T. DU UR
.It
CITY OF LODI
SPECIAL ALLOCATION REQUEST
TO: Finance Director DATE: October 21, 1992,
FROM: City Clerk PROJECT NUMBER: /8. O - S%S 3.0.7
Request is made for funds to accomplish the following project which was not
included in the current budget:
Descrictia of PrOiect Estimated Cost
Appropriation to continue retention of Dufour and Associates for assistance
with DBCP regulations
Funding: Water Operating Reserve
- $11,000
(If you need more space, use additional sheet and attach to this form)
Date of Approval - Oct6oer 21, 1992 Amount Approved - $11,000
Council xxxxX City Manager
FUND OR ACCOUNT TO BE CHARGED
Current Budget $ Prior Year Reserve $
Contingent Fund S General Fund Surplus S
Capital Outlay Reserve S Gas Tax Fund $
utility Outlay Reserve $ Other (81ectlM) $
Hotel/Motel Tax Reserve - $
General Fund Operating Reserve T1
�D<,/J Flvnn.
Alice K. Reiddhe
Finance Director
City Clerk
Submit this form in duplicate to the Finance Director. Distribution after
approval will be as follows: 1) Originating Department 2) Finance
Department