HomeMy WebLinkAboutAgenda Report - January 5, 2005 I-05AGENDA ITEM �'C>
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Approval. of Expenses Incurred by Outside Counsel/Consultants Relative to the
Environmental Abatement Program Litigation ($209,994.80) and State Oversight
Costs ($7,530.56)
MEETING DATE: January 5, 2005 City Council Meeting
PREPARED BY: Steve Schwabauer, City Attorney
RECOMMENDED ACTION: That the City Council approve for payment expenses incurred by
outside counsel, Folger, Levin & Kahn ($209,597.30), Consultant
Malcolm Pirnie ($397.50), relative to the Environmental Abatement
Program litigation, and State Regional Water Quality Control Board
for oversight costs ($7,530.56).
BACKGROUND INFORMATION: Listed below are invoices from the City's outside counsel, Folger,
Levin & Kahn, that were incurred relative to the Environmental
Abatement Program litigation that are currently outstanding and
need to be considered for payment:
October 1— October 31. 2004
Matter invoice
Description
Amount
No.
No.
2001
84985
Lehman Bros. v. City of Lodi
$ 18,335.85
8002
84986
People v. M&P Investments
$180,214.64
2002
85561
City of Lodi v. Lehman Bros.
$ 3,356.89
8001
85562
General Advice/Environmental Contamination Matters
$ 849.89
8003
85563
Hartford Insurance Coverage Litigation
$ 463.50
8006
85564
Fireman's Fund/Unigard Appeal
$ 325.00
8007
85565
Regulatory Agency Orders
$ 5,975.00
8005
85567
Unigard Insurance and City of Lodi Litigation (Rebilling)
$ 7700
$209,597.30
In addition to these expenses, the State Regional Water Quality Control Board has begun billing the City
for its oversight costs. The first invoice covers the period July through September 2004 totaling
$7,530.56. Also requested for approval is the invoice from Malcolm Pirnie, the Consulting firm that
serves as the Court's expert in City of Lodi v. M&P Investment's case, in the amount of $397.50
representing the City's share.
FUNDING: Water 50%
Wastewater 50%
Approved: �o
`'Q
Jim Kru er, Finance Director
APPROVED:
D. ephen Schwabau
City Attorney
Keeter, Interim City Manager