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Home My WebLink AboutAgenda Report - March 22, 2005 B-01 SMAGENDA ITEM be I CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Approval of 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 Approval of Special Allocation Covering General Litigation Matter Expenses ($10,521.03). MEETING DATE: March 22, 2005 Special City Council Meeting PREPARED BY: City Attorney's Office RECOMMENDED ACTION: That the City Council approve for payment expenses incurred by outside counsel related to the Environmental Abatement Litigation and various cases being handled by Outside Counsel in the total amount of $456,243.54, and approve Special Allocation for General Litigation Matter Expenses in the amount of $10,521.03 to be paid from the General Fund. BACKGROUND INFORMATION: Listed below are invoices from the City's outside counsel, Folger, Levin & Kahn, and Kronick, Moskovitz, Tiedemann & Girard that were incurred relative to the Environmental Abatement Program litigation and various other cases that are currently outstanding and need to be considered for payment. A Special Allocation is required for those matters that are not to be paid out of the WaterMastewater accounts ($10,521.03). Folder, Levin & Kahn - November 1— December 31,_2004 Matter Invoice Description Amount No. No. 2001 86779 Lehman Bros. v. City of Lodi $ 36,206.89 2002 86808 City of Lodi v. Lehman Bros. $ 30,886.40 2003 86810 Farr Associates v. City of Lodi $ 1,256.00 2004 86811 Exponent, Inc. v. City of Lodi $ 2,360.87 2005 86812 Environmental Forensic Investigations, Inc. v. City of Lodi $ 6,408.30 2006 86813 Magellan Environmental Inc. v. City of Lodi $ 1,239.60 8001 86759 General Advice/Environmental Contamination Matters $ 10,202.01 8002 86823 People v. M&P Investments $307,565.30 8003 86816 Hartford Insurance Coverage Litigation $ 1,947.66 8006 86818 Fireman's Fund]Unigard Appeal $ 22,419.73 8007 86819 Regulatory Agency Orders $ 3,560.23 8008 86820 Envision Law Group $ 16 269.81 $440,322.80 Folger. Levin & Kahn - November 1— January 31, 2005 Matter Invoice Description Amount No. No. 8005 86817 Unigard Insurance Litigation $ 1,546.35 Kronick, Moskovitz, Tiedemann & Girard Matter No./Description Coverage Invoice Amount Period No. 11233.021 On-site Litigation Support (Docket Clerk) Through 02/25/05 219298 $ 700.99 11233.001 General Advice Through 02/25/05 219299 $ 652.59* 11233.003 Lehman Brothers, Inc. Through 02/25/05 219299 $ 117.50 11233.004 Envision Law Firm Through 02/25/05 219299 $ 1,232.00 11233.009 Rogers v. County of Sart Joaquin, et al. Through 02125/05 219299 $ 9,512.62* 11233.010 Phelps v. City of Lodi et al. Through 02/25/05 219299 $ 355.82* APPROVED: 0 Blair King, Cil Manager 11233.017 M&P Investments Through 02/25/05 219299 $ 383.54 11233.023 City of Lodi v, City of Stockton Through 02/25/05 219299 $ 1,419.33 *Requires Special Allocation for payment from General Fund ($10,521.03). $ 13,673.40 GRAND TOTAL OF ALL INVOICES_ $ 456,243.54 FISCAL IMPACT: Costs in the amount of $10,521.03 will come from the General Fund since it is related to two general liability cases and for general advice relating to miscellaneous City matters being handled by outside counsel. FUNDING AVAILABLE: Water $222,861.25 Wastewater $222,861.26 General Fund $ 10,521.03 -FFa¢-1St phen Sch abauer it Approved: ,/J. Krueger, Finance Direct(5r CITY OF LORI AGENDA ITEM 15 . COUNCIL COMMUNICATION REVISED TM AGENDA TITLE: Approval of Expenses Incurred by Outside Counsel Relative to the Environmental Abatement Program Litigation and Other Various Cases being Handled by Outside Counsel ($444,537.01), and Approval of Special Allocation Covering General Litigation Matter Expenses ($10,521.03). MEETING DATE: March 22, 2005 Special City Council Meeting PREPARED BY: City Attorney's Office RECOMMENDED ACTION: That the City Council approve for payment expenses incurred by outside counsel related to the Environmental Abatement Litigation and various cases being handled by Outside Counsel in the total amount of $444,537.01, and approve Special Allocation for General Litigation Matter Expenses in the amount of $10,521.03 to be paid from the General Fund. BACKGROUND INFORMATION: Listed below are invoices from the City's outside counsel, Folger, Levin & Kahn, and Kronick, Moskovitz, Tiedemann & Girard that were incurred relative to the Environmental Abatement Program litigation and various other cases that are currently outstanding and need to be considered for payment. A Special Allocation is required for those matters that are not to be paid out of the WaterMastewater accounts ($10,521.03). FolgK. Levin & Kahn - November 1— December 31, 2004 Matter Invoice Description Amount No. No. 2001 86779 Lehman Bros. v. City of Lodi $ 36,206.89 Less (-197.50) =$ 36,009.38 2002 86808 City of Lodi v. Lehman Bros. $ 30,886.40 Less (-1,854.00) =$ 29,032.40 2003 86810 Farr Associates v. City of Lodi $ 1,256.00 2004 86811 Exponent, Inc. v. City of Lodi $ 2,360.87 2005 86812 Environmental Forensic Investigations, Inc. v. City of Lodi $ 6,408.30 2006 86813 Magellan Environmental Inc. v. City of Lodi $ 1,239.60 8001 86759 General Advice/Environmental Contamination Matters $ 10,202.01 Less (-940.00) =$ 9,262.01 8002 86823 People v. M&P Investments $307,565.30 Less (-8,715.03) =$298,850.27 8003 86816 Hartford Insurance Coverage Litigation $ 1,947.66 8006 86818 Fireman's Fund/Unigard Appeal $ 22,419.73 8007 86819 Regulatory Agency Orders $ 3,560.23 8008 86820 Envision Law Group $ 16.269.81 $428,616.27 Fol -gar. I vin &,Kahn - Nove ben 1— Jjnuary 31, 2005 Matter Invoice Description Amount No. No. 8005 86817 Unigard Insurance Litigation $ 1,546.35 Krg0fj!S,112slo-vitr- Tiedemann & Girard Matter No./Description Coverage Invoice Amount _ Period No. 11233.021 On-site Litigation Support (Docket Clerk) Through 02/25/05 219298 $ 700.99 11233.001 General Advice Through 02/25/05 219299 $ 652.59" 11233.003 Lehman Brothers, Inc. Through 02/25/05 219299 $ 117.50 11233.004 Envision Law Firm Through 02/25/05 219299 $ 1,232.00 11233.009 Rogers v. County of San Joaquin, et al. Through 02/25/05 219299 $ 9,512.62* APPROVED: Blair King, Ci Hager 11233. 010 Phelps v. City of Lodi at al. Through 02/25105 219299 $ 355.82* 11233.017 M&P Investments Through 02/25/05 219299 $ 383.54 11233.023 City of Lodi v. City of Stockton Through 02/25/05 219299 $ 1,419.33 *Requires Special Allocation for payment from General Fund ($10,621.03). $ 13,673.40 GRAND TOTAL OF ALL INVOICES._ _ $ 444.537.01 FISCAL IMPACT: Costs in the amount of $10,521.03 will come from the General Fund since it is related to two general liability cases and for general advice relating to miscellaneous City matters being handled by outside counsel. FUNDING AVAILABLE: Water $217,007.99 Wastewater $217,007.99 General Fund $ 10,521.03 Stephen Schwabauer City Attorney Approved: Krueger, Finance Director