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HomeMy WebLinkAbout41- City Attorney C17 Y OF SAN BERNAR'"1INO - REQUEST FOP COUNCIL ACTION From: James F. Penman Subject: Approval of appropriation from General Reserve to City Attorney budget Dept: City Attorney to fund outside attorney costs Date: March 11 , 1993 Synopsis of Previous Council action: December 7, 1992 Council authorized $200,000 to be drawn down for outside litigation as bills are received February 15, 1993 Request to pay additional outside litigation bills continued to March 8, 1993 March 8, 1993 Request to pay additional litigation bills approved 4-2, but vetoed by Mayor Recommended motion: That the Finance Director be instructed to draw down additional amounts not to exceed $500,000, in the aggregate, 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 (001-051-5-3050) gnature Richard J. Morillo Contact person: Senior Assistant City Attorney Phone: 5055 Supporting data attached: Ward: All FUNDING REQUIREMENTS: Amount: $500,000 Source: (Acct. No.) Acct. Description) General Fund Reserve Finance: %� ---� :ouncil Notes: 5-0262 Agenda Item No.--�/Z- CITY OF SAN BERNAF, JNO - REQUEST FOI COUNCIL ACTION STAFF REPORT On December 7, 1992, the Mayor and Council authorized the Finance Director to draw down on a monthly basis the necessary funds from the General Fund reserve to fund bills from outside attorneys retained by the Mayor and Common Council in an amount not to exceed $200, 000. At the February 15, 1993 Council meeting, a report was received that $163, 969 remained of that $200,000 and the City Attorney' s Office had billings in hand totalling $266, 702.73 which would exhaust the authorized draw and still leave a deficit of approximately $100,000. The matter was continued to the March 8 meeting. At the March 8 Council Meeting, the Council voted 4-2 to pay the additional outside attorney costs but the action was vetoed by the Mayor. Since February 15, outside counsel have continued to accrue additional costs on City cases. We have now received additional bills totalling approximately $61, 990.81 which leaves the account over $160,000 beyond what the Council has previously authorized. It is therefore requested that the Mayor and Council authorize the payment of $200, 000 to pay the current bills and allocate an additional $300,000 to pay the anticipated bills through the end of the fiscal year. We must caution, of course, that legal costs relate to the amount of time necessary in a particular case, much of which is driven by court demands and the actions of opposing counsel. Although the most recent computer print-out report shows these funds to be at zero, as of March 9, Finance has orally reported to us that the unexpended draw actually totals $99, 282. However, this number does not reflect several bills that have been sent to Finance for payment but have not yet been processed. As noted above, the Council has authorized the retention of each of the law firms involved on -the specific cases assigned. None of these firms were retained without Council approval. Thus, payment of the costs incurred are very clearly City obligations. In addition, the firms involved have all significantly reduced their standard rates in order to accommodate the publicly funded City litigation. In summary, the outside litigation bills in hand exceed the reported $99, 282 unexpended draw by over $160, 000. In addition, it is anticipated that for the remainder of the fiscal year $300,000 additional will be required to fund such costs for bills not yet received, for a total requested transfer from the General Fund reserve of $500,000. 75-0264