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Home My WebLink About32- City Attorney P CITY OF SAN BERN" RDINO - REQUEST FONR COUNCIL ACTION From: James F. Penman Subject: Approval of appropriation from General. Reserve to City Attorney Budget to Fund Dept: CITY ATTORNEY Outside Attorney and Litigation Costs. Date: February 10, 1993 Synopsis of Previous Council action: Discussed in closed session November 2, 1992. December 7, 1992: Council approved following actions, among others: 1. That the Finance Director be instructed to transfer $190,549 from the General Reserve to the following City Attorney budget accounts: Litigation-Outside Attorney (001-051-5-3049)-$115,955 and Litigation (001-051-5-3050)-$74,594 to fund all outstanding services as of November 30, 1992. 2. That the Finance Director be instructed to draw down on a monthly basis the necessary funds from the General Fund reserve to fund all outside attorney bills that have been incurred after November 30, 1992 and that the total amount of the draw down shall not exceed $200,000. Recommended motion: 1. That the Finance Director be instructed to draw down additional amounts not to exceed $200,000 from the General Fund reserve to fund payment of outside attorney bills from the following City Attorney budget accounts: Litigation-Outside Attorney (001-051-5-3049) and Litigation (001-051-5-53050) . Signature Contact person: RICHARD J. MORILLO, Sr. Asst. City Attorney Phone: 5055 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: $200,000 Source: (Acct No.) (Acct Description) General Fund Reserve Finance: ? �d Council Notes: 'z 75-0262 Agenda Item No. CITY OF SAN BERK RDINO - REQUEST I jR COUNCIL ACTION STAFF REPORT At last report, the authorized amount available to draw from reserves to pay outside counsel bills per the Mayor and Council ' s action of December 7, 1992, is $163, 969. The City Attorney' s office has billings in hand in the amount of $266, 702.73. These billings would exhaust the authorized draw and leave a deficit of approximately $100,000. Thus, the proposed action would cover these bills and leave approximately $100, 000 for payment of future bills. It is noted that EDA will be billed for their share of certain cases. The Agency has an established budget item for litigation expenses with an original balance of $100, 000. The amount of the unexpended balance in this fund will be presented to the Mayor and Council at the time of the meeting. EDA' s portion of certain cases will probably cause their original amount of $100, 000 to be exceeded. 75-0264 CITY OF SAN BERN - RDINO - REQUEST F 'R COUNCIL ACTION From: James F. Penman Subject: Approval of appropriation from General Reserve to City Attorney Budget to Fund Dept: CITY ATTORdEY Outside Attorney and Litigation Costs. Date: February 10, 1993 Synopsis of Previous Council action: ,discussed in closed session November 2, 1992. December 7, 1992: Council approved following actions, among others: 1. That the Finance Director be instructed to transfer $190,549 from the General Reserve to the following City Attorney budget accounts: Litigation-Outside Attorney (001-051-5-3049)-$115,955 and Litigation (001-051-5-3050)-$74,594 to fund all outstanding services as of November 30, 1992. 2. That the Finance Director be instructed to draw down on a monthly basis the necessary funds from the General Fund reserve to fund all outside attorney bills that have been incurred after November 30, 1992 and that the total amount of the draw down shall not exceed $200,000. Recommended motion: 1. That the Finance Director be instructed to draw down additional amounts not to exceed $200,000 from the General Fund reserve to fund payment of outside attorney bills from the following City Attorney budget accounts: Litigation-Outside Attorney (001-051-5-3049) and Litigation (001-051-5-53050) . Signature Contact person: RICHARD J. MORILLO, Sr. Asst. City Attorney Phone: 5055 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: $200,000 Source: (Acct. No.) (Acct. Description) General Fund Reserve Finance: Gam. �1 ,ouncil Notes: 75-0262 Agenda Item No. �� C I T Y O F S A N B E R N A R D I N O INTEROFFICE MEMORANDUM CITY ADMINISTRATOR'S OFFICE DATE: March 1, 1993 TO: The Honorable Mayor and Common Council FROM: Shauna Clark, City AdministratorQl�!�7C1/ SUBJECT: Outside Counsel and Litigation Expenses -------------------------------------------------------------- The following is an analysis of the City Attorney's outside counsel and litigation expenses according to information available in the Finance Department. Budgeted Additional Total *Expended Available 92-93 Allocation as of 2/15/93 Outside C. $205, 615 $315, 955 $521, 570 $350, 906 $170, 664 Litigation $108 , 764 $ 74 , 594 $183 , 358 $206, 555 <$23 , 197> TOTAL $314 , 379 $390, 549 $704 , 928 $557, 461 $147 , 467 As of this date, the City Attorney' s Office is requesting an additional allocation of $200, 000 which would place their total allocation $590,549 over budget. In percentages that is 87% above what was budgeted for litigation or 36% above total budget for the department. The historic expenditures from these accounts are as follows: 87-88 88-89 89-90 90-91 91-92 YTD Out. 0 $274 , 475 $241, 817 $290,418 $144 , 658 $239 , 975 $350, 906 Lit. $9 , 189 $28,935 $ 25, 067 $155, 143 $ 99, 134 $206, 555 TOTAL $283 , 664 $270, 752 $315, 485 $299, 801 $339, 109 $557 , 461 Additional bills for outside counsel exist in the attorney' s office, but we have not been able to determine their amounts or what periods they cover. If spending continues at the present rate, total litigation expenses will be $1,551,305 by the end of this fiscal year. That is nearly a 450% increase over the 87-88 figures. During that same period, the City general fund increased only 34%. Attached are year-to-date expenditures within litigation accounts. OUTSIDE ATTDRNEY'S SERVICES 19J2/93 THROUGH 2/15/93 --------------------------- FIRM AMOUNT --------- ------------ BRUGGMAN, SIMTH & PECKHAM 1, 178 . 00 BRUNICK, ALVAREZ & BATTERSBY 918 .83 FERGUSON, PRAET & SHERMAN 2 , 760. 00 FURNESS, MIDDLEBROOK & KAISER 1, 081.80 GRESHAM, VARNER, SAVAGE, NOLAN & TILDEN 18, 244.76 IBAR SETTLEMENT CO. 1, 900. 00 LUDVIGSEN, CYNTHIA 28, 829. 97 LYNBERG & WATKINS 740.00 MACLACHLAN, BURFORD & ARIAS 234 , 092 .22 STANFIELD & WARNER, INC. 9, 240.77 WILSON, BORROR, DUNN & SCOTT 51, 919 .50 TOTAL c.f .tom3��%y 350, 905. 85 LITIGATION EXPENSES 1992/93 THROUGH 2/15/93 VENDOR NAME AMOUNT ------------------------------ ------------ AUDREY PATRICK REPORTING $10,427 . 35 JOHN A SOLDANO & COMPANY $9, 077 . 50 WILSON, BORROR, DUNN & SCOTT $20,919.71 MACLACHLAN, BURFORD & ARIAS $21, 022 . 39 SARA GUSSECK & ASSOCIATES $3 , 134 .88 RUTAN & TUCKER $2 , 600. 00 JOE CALLANAN & ASSOCIATES $3 , 169.97 NOBLE ENGINEERING $9, 832 . 30 KATHLEEN TAYLOR CSR $2 , 267 . 00 PETRILLO AEROBACK MEDICAL GROUP INC $2 , 151. 37 RONALD KORNBLUM MD $2 , 500. 00 HAHN & BOWERSOCK $34 ,955.70 IMHOF & ASSOCIATES $1, 099.45 CITIVEST INC $3 , 337.50 B M GARVIN COMPANY $1, 020. 00 CHARLES M FARANO $44 , 965.25 JOHN BITTANY JR & ASSOCIATES $1, 210. 00 DANA HAYNES $5, 812 . 20 GARY PAINTER MD $1, 300. 00 CALIFORNIA DEPOSITION $2 ,291.75 FOREST BILLINGTON $1, 500. 00 ASSOCIATED REPRODUCTION $5, 356. 17 CENTRAL CITY COPY COMPANY $1, 222 . 59 M&M CERTIFIED COURT REPORTERS $1,451. 65 ABI ATTORNEY SERVICES $1, 286.20 MISCELLANEOUS $12 , 643 . 69 TOTAL 001-051-53050 $206, 554 . 62