HomeMy WebLinkAboutMinutes - March 22, 2005 SM1'1
B
LODI CITY COUNCIL
SPECIAL CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, MARCH 22, 2005
CALL TO ORDER / ROLL CALL
The Special City Council meeting of March 22, 2005, was called to order by Mayor Beckman at
7:45 a.m.
Present: Council Members — Hansen, Hitchcock, Mounce, and Mayor Beckman
Absent: Council Members — Johnson
Also Present: City Manager King, City Attorney Schwabauer, and Deputy City Clerk Perrin
REGULAR CALENDAR
B-1 "Approve expenses incurred by outside counsel relative to the Environmental Abatement
Program litigation and other various cases being handled by outside counsel ($456,243.54),
and approve Special Allocation covering general litigation matter expenses ($10,521.03)"
City Attorney Schwabauer presented a "blue sheet" (filed) containing revised invoice
amounts for the months of November and December 2004, which were received by the City
Attorney's Office this March. The revised amounts reflect a deduction of approximately
$11,500 in charges that Mr. Schwabauer felt were not appropriate for payment. The
invoices from Kronick, Moskovitz, Tiedemann & Girard are primarily for the Rogers case
and other smaller litigation matters, including the Stockton sphere of influence litigation.
MOTION:
Council Member Hansen made a motion, Beckman second, to approve the expenses
incurred by outside counsel relative to the Environmental Abatement Program litigation and
other various cases being handled by outside counsel in the amount of $444,537.01, and
approved a Special Allocation covering general litigation matter expenses in the amount of
$10,521.03, as detailed below.
Folaer. Levin & Kahn - November 1— December 31, 2004
Matter Invoice Description Amount
2001
86779
Lehman Bros. v. City of Lodi
2002
86808
City of Lodi v. Lehman Bros.
2003
86810
Farr Associates v. City of Lodi
2004
86811
Exponent, Inc. v. City of Lodi
2005
86812
Environmental Forensic Investigations,
Inc. v. City of Lodi
2006
86813
Magellan Environmental Inc. v.
City of Lodi
8001
86759
General Advice/Environmental
Contamination Matters
8002
86823
People v. M&P Investments
8003
86816
Hartford Insurance Coverage Litigation
8006
86818
Fireman's Fund/Unigard Appeal
8007
86819
Regulatory Agency Orders
8008
86820
Envision Law Group
$ 36,206.89 Less (-197.50) = $ 36,009.39
$ 30,886.40 Less (-1,854.00) = $ 29,032.40
$ 1,256.00
$ 2,360.87
$ 6,408.30
1,239.60
$ 10,202.01 Less (-940.00) = $ 9,262.01
$307,565.30 Less (-8,715.03) = $298,850.27
$ 1,947.66
$ 22,419.73
$ 3,560.23
$ 16.269.81
$428,616.27
Foluer. Levin & Kahn - November 1— January 31, 2005
Matter Invoice Description Amount
8005 86817 Unigard Insurance Litigation $ 1,546.35
Continued March 22, 2005
Kronick, Moskovitz. Tiedemann & Girard
Matter No./Description
11233.021 On-site Litigation Support (Docket Clerk)
11233.001 General Advice
11233.003 Lehman Brothers, Inc.
11233.004 Envision Law Firm
11233.009 Rogers v. County of San Joaquin, et al.
11233.010 Phelps v. City of Lodi et al.
11233.017 M&P Investments
11233.023 City of Lodi v. City of Stockton
Coverage
Period
Invoice
No.
Amount
Through
02/25/05
219298
$
700.99
Through
02/25/05
219299
$
652.59*
Through
02/25/05
219299
$
117.50
Through
02/25/05
219299
$
1,232.00
Through
02/25/05
219299
$
9,512.62*
Through
02/25/05
219299
$
355.82*
Through
02/25/05
219299
$
383.54
Through
02/25/05
219299
$ 1,419.33
$
13,673.40
*Requires Special Allocation for payment from General Fund ($10,521.03)
GRAND TOTAL OF ALL INVOICES $ 444.537.01
DISCUSSION:
Council Member Hansen expressed concern about the three to four month delay in
receiving the bills, as memories tend to fade. He would like the firms to know that Council
does not want this to continue to happen, to which Mr. Schwabauer responded that he has
so notified them and will do so again.
VOTE:
The above motion carried by the following vote:
Ayes: Council Members — Hansen, Hitchcock, Mounce, and Mayor Beckman
Noes: Council Members — None
Absent: Council Members — Johnson
C. CLOSED SESSION
At 7:49 a.m., Mayor Beckman adjourned the Special City Council meeting to a Closed Session to
discuss the following matters:
C-1 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
C-2 Prospective lease of a portion of the real property located at 215 West Elm Street (APN
043-022-13 and APN 037-270-46), Lodi, California; the negotiating parties are the City of
Lodi, San Joaquin County, and the State of California; Government Code Section 54956.8
The Closed Session adjourned at 8:12 a.m.
D. RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
At 8:15 a.m., Mayor Beckman reconvened the Special City Council meeting, and City Attorney
Schwabauer disclosed the following actions.
Item C-1 was discussion only.
In regard to Item G2, negotiation direction was requested and received.
E. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at 8:15
a.m.
ATTEST:
Jennifer M. Perrin
Deputy City Clerk
W