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Title:
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FOUR-FIFTHS VOTE REQUIREMENT - Approval of a Budget Amendment to Allocate Funds to the City’s Legal Services Account to Cover Non-Budgeted and Unanticipated Costs of Legal Services for Fiscal Year 2009-2010.
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City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council approve a budget amendment to allocate funds
to the City’s legal services account to cover non-budgeted and unanticipated costs
of legal services for the 2009-2010 fiscal year and through the end of the calendar
year.
A BUDGET AMENDMENT REQURES A FOUR-FIFTHS VOTE
BACKGROUND / DISCUSSION:
In the Fiscal Year 2009-2010 Budget, the City Attorney’s Office was allocated
approximately $290,000 to its general legal services account for the purpose of
consulting with outside counsel on various matters that may arise during the course
of the fiscal year. These matters include, but are not limited to, issues relating to
personnel, land use, telecommunications and the First Amendment.
In this fiscal year, the City continues to be involved in the unusual circumstance of
pursuing litigation, which the City initiated against another party. The City Attorney’s
Office, in conjunction with outside counsel, has been handling this significant
litigation in which the City joined other Petitioners in challenging the County of Los
Angeles’ adoption of the Baldwin Hills Community Standards District. As
acknowledged by the City Council during the 2009-2010 budget hearing, the
substantial costs of pursuing this lawsuit were not included in the City Attorney’s
budget for Fiscal Year 2009-2010.
Meeting Date: 06/07/10 Item Number: C-1
CITY COUNCIL AGENDA ITEM: FOUR-FIFTHS VOTE REQUIREMENT - Approval
of a Budget Amendment to Allocate Funds to the City’s Legal Services Account
to Cover Non-Budgeted and Unanticipated Costs of Legal Services for Fiscal Year
2009-2010.
Contact Person/Dept.: Heather Baker,
Assistant City Attorney
Phone Number: (310) 253-5660
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [] Attachments: []
Commission Action Required: Yes [] No [X] Date: ________________
Public Notification: (E-Mail) Agenda and Meetings – City Council (06/02/10)
Department Approval:
Carol Schwab (06/01/10)
City Attorney Approval:
Carol A. Schwab (06/01/10))
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (06/02/10)
City Manager Approval:
Lamont Ewell (06/02/10) City of Culver City, California
Agenda Item Report
In December, 2009 the City Council authorized $550,000 toward the cost of this
litigation. At that time, it was noted that it may be necessary to return to the City
Council in the future for additional budget authorization. To date in this fiscal year,
the City has exhausted the full amount authorized by the City Council in December,
as well as an additional $112,000 out of its general legal services account.
Currently, there is an outstanding balance of $113,000 for attorneys’ fees and costs
through April 30, 2010. A budget amendment is requested to cover the outstanding
invoices, as well as an additional amount for the estimated costs of this litigation
through the end of the calendar year (December 2010).
FISCAL ANALYSIS:
A budget amendment in the amount of $340,000 from General Fund unappropriated
reserves is requested for unbudgeted legal services. If approved, these funds will
be appropriated in the City Attorney’s account 10113100.611300 – Legal Services-
Land Use.
ATTACHMENTS:
None.
MOTION:
That the City Council:
1. Approve a budget amendment appropriating $340,000 from General Fund
unappropriated reserves to the City Attorney’s Legal Services Account No.
10113100.611300 to cover the costs of non-budgeted legal services through the
end of the calendar year (a budget amendment requires a 4/5ths vote).