HomeMy WebLinkAboutMinutes - May 21, 2004 SM (3)LODI CITY COUNCIL
ADJOURNED SPECIAL CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
FRIDAY, MAY 21, 2004
Re -adjourned from Wednesday, May 19, 2004
(Original meeting date was May 18, 2004)
A. CALL TO ORDER / ROLL CALL
The Adjourned Special City Council meeting of May 21, 2004 (re -adjourned from Wednesday, May
19, 2004), was called to order by Mayor Hansen at 7:00 a.m.
Present: Council Members — Beckman, Howard, Land, and Mayor Hansen
Absent: Council Members — Hitchcock
Also Present: City Manager Flynn, Interim City Attorney Schwabauer, and City Clerk Blackston
B. REGULAR CALENDAR
B-1 "Approve Special Allocation for expenses incurred by outside counsel/consultants relative
to the Environmental Abatement Program litigation ($313,529.16)"
MOTION #1 / VOTE:
The City Council, on motion of Mayor Hansen, Beckman second, approved Barger & Wolen
invoice #200028.25 in the amount of $61,499.75 and invoice #198068.25 in the amount of
$64,342.76. The motion carried by the following vote:
Ayes: Council Members — Beckman, Howard, and Mayor Hansen
Noes: Council Members — Land
Absent: Council Members — Hitchcock
MOTION #2 / VOTE:
The City Council, on motion of Mayor Hansen, Beckman second, approved Treadwell &
Rollo invoice #0099687 in the amount of $37,526.50; Kronick, Moskovitz, Tiedemann &
Girard invoice #213150 in the amount of $91,609.68 and invoice #213604 in the amount of
$53,509.47; and the Downey Brand invoice in the amount of $414. The motion carried by
the following vote:
Ayes: Council Members — Beckman, Howard, Land, and Mayor Hansen
Noes: Council Members — None
Absent: Council Members — Hitchcock
C. CLOSED SESSION
At 7:00 a.m., Mayor Hansen adjourned the Special City Council meeting to a Closed Session to
discuss the following matters:
a) Actual Litigation: Government Code §54956.9(a); one case; People of the State of
California: and the City of Lodi. California v. M & P Investments, et al.; United States
District Court, Eastern District of California, Case No. CIV -S-00-2441 FCD JFM
b) Actual litigation: Government Code §54956.9(a); one case; Hartford Accident and Indemnity
Company, et al. v. City of Lodi, et al., Superior Court, County of San Francisco, Case No.
323658
C) Conference with legal counsel — initiation of litigation: Government Code §54956.9(c); two
cases
d) Conference with legal counsel — anticipated litigation — significant exposure to litigation
pursuant to subdivision (b) of Section 54956.9; one case; pursuant to Government Code
§54956.9(b)(3)(A) facts, due to not being known to potential plaintiffs, shall not be disclosed
e) Actual Litigation: Government Code §54956.9(a); one case; City of Lodi. a California
Municipal Corporation. and Lodi Financing Corporation. a California nonprofit corporation v.
Lehman Brothers. Inc. and US Bank National Association, United States District Court,
Eastern District of California, Case No. CIV. S-04-0606 MCE-KJM
Continued May 19, 2004
f) Public Employment: Government Code §54957 — to consider the appointment or
employment of an independent contractor serving in the capacity of a public officer or
employee
The Closed Session adjourned at 7:45 a.m.
D. RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
At 7:46 a.m., Mayor Hansen reconvened the Special City Council meeting, and Interim City
Attorney Schwabauer disclosed that the City Council voted 40 to file a petition for review by the
State Water Resources Control Board of the Central Valley Regional Water Quality Control Board
Cleanup and Abatement Order No. R5-204-004. No other reportable action was taken in Closed
Session.
E. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at 7:46
a.m.
ATTEST:
Susan J. Blackston
City Clerk
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