HomeMy WebLinkAboutUnbudgeted Expenditure - Amend City Budget to Increase City C,�D�
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied ' y C er Signature
Council Meeting Date: 7/15/02 Department ID Number: CA-02-05
-r
CITY OF HUNTINGTON BEACH ^y
(:
REQUEST FOR COUNCIL ACTION
; -
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
V6tiSUBMITTED BY: 4;L HUTTON, City Attorney
PREPARED BY: �`G(L HUTTON, City Attorney
SUBJECT: Approve Amendment of City Budget to Increase City Attorney's Legal
Services Account
IF-----st-t -ent of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Whether to approve the amendment of City budget to increase City
Attorney's Legal Services Account.
Funding Source: Name of Fund: General Fund
Account Description: Unreserved/Undesignated
Dollar Amount: $275,000
Recommended Action: Approve and authorize the Director of Administrative Services to
appropriate $275,000 from the General Fund Balance to the City Attorney's Legal Services
Account no. 10015301.69375 to fund the remainder of anticipated costs for outside legal
counsel for fiscal year 2001-2002.
Alternative Action(s): Do not approve $275,000 increase to the City Attorney's budget and
process individual appropriation requests as each outside counsel bill comes in for payment.
i
REQUEST FOR COUNCIL ACTIUA
MEETING DATE: 7/1/02 DEPARTMENT ID NUMBER: CA-02-05
Analysis: The City Attorney's Office budget for Contract Legal Services for fiscal year
2001-2002 is $266,882. An additional $350,000 was initially approved by the attached RCA
dated 3/18/02, (City Attorney transferred $300,000 from the Self Insurance Liability fund for
legal/professional services into Legal Services operating account). To date, there are not
enough funds to cover the legal services and costs for the end of this fiscal year 2001/2002.
Some of the current non-tort, legal matters are:
AES Property Tax/Rule 905 Proceeding (Distribution of Property Taxes)
BF Construction v. City (construction dispute)
City of Huntington Beach v. HBPOA (Gun Range)
HBPOA v. City (Pacific Care)
HBPOA v. City (Workers Compensation)
HJTA v. City (Retirement Tax)
Huss v. City of Huntington Beach (FLSA)
Mesa Construction v. City (construction dispute)
Purner/Svendsbo v. City of Huntington Beach (FLSA)
Shell Enterprises v. City (Carson Landfill)
COUNCIL POLICY REGARDING REQUESTS FOR AN APPROPRIATION OF FUNDS:
As adopted by the City Council in March 1998, all requests for appropriation of funds must
meet one of the following criteria; 1) The request is for an unanticipated emergency, 2) the
request is required to implement labor negotiations, or 3) The request will be offset by related
new revenues.
The new appropriations being requested is for an unanticipated emergency to pay for the
various on-going matters that the City Attorney's Office expect to be costly and cannot be
completed within existing funds.
Environmental Status: None.
Attachment(s):
City Clerk's
Page Number No. Description
1 Fiscal Impact Report
2 Approved RCA, dated 3/18/02
RCA Author: SFF
Legalincrease -2- 6/24/2002 3:32 PM
ATTACHMENT # 1
JJ CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
To: Ray Silver, City Administrator
From: Clay Martin, Director of Administrative Services
Subject: FIS 2002-32 Approve Amendment of City Budget to
Increase City Attorney's Legal Services Account
Date: June 25, 2002
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for "Approve Amendment of City Budget to Increase
City Attorney's Legal Services Account."
If the City Council approves this request (total appropriation
$275,000), the estimated unreserved, undesignated General Fund
Balance will be reduced to $6,358,644.
lay Martin
Director of Administrative Services
Fund Balance-General Fund Adopted Budget Current Estimate
Beginning Fund Balance 10/1/20001 $ 11,741,000 $ 11,741,000
Plus:Estimated Revenue 133,663,000 132,883,000
Less:Estimated Expenditures (134,813,000) (135,727,000)
Fiscal Policy-Transfer to Capital Projects Fund (1,043,500)
Pending/Approved FIS's: (1,219,856)
FIS#32 (275,000)
Estimated 9/30/2002 Unreserved Balance $ 10,591,000 $ 6,358,644
General Fund Balance 2001-02
12000000
10000000 {
8000000 ,,
s;
4000000. .. , id $s 358,
2000000
ADOPTED CURRENT
BUDGET ESTIMATE
ATTACHMENT #2
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ElConditionally Approved ❑ Denied �ej,City Clerk' ignature
Council Meeting Date: 3/18/02 Department ID Number: CA 02-04-
1
^i
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION:
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: *AIL HUTTON, City Attorney a
�,,-dz
04
LAY MARTIN, Director/Administrative Services
PREPARED BY: GAIL HUTTON, City Attorney
SUBJECT: Approve Appropriation of Funds to Legal Services — City Attorney's
Budget
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue: The City Attorney's Office maintains both its Operating Budget and
the Self Insurance Liability fund for legal/professional services. Higher than expected legal
and litigations costs in the current fiscal year have necessitated a transfer from the Self
Insurance Liability fund into the operating account to cover these legal fees for the current
fiscal year.
Funding Source: Self Insurance Liability, Contract Legal Services,
Account No. 55215610.69375 in the amount of$350,000.
Recommended Action: Motion to approve the appropriation of $350,000 from the Self
Insurance Liability fund for legal/professional services into Legal Services operating account
number 10015301.69375.
Alternative Action(s):
1. Approve appropriation of $350,000 from the unappropriated General Fund.
2. Do not approve the transfer of funds
RL„tUEST FOR COUNCIL ACTIL_.
MEETING DATE: 3/18/02 DEPARTMENT ID NUMBER: CA 02-04
Analysis: In the fiscal year 2001/2002, the City Attorney's Office budgeted $266,882 into
Operating Budget (account 10015301) for anticipated legal and professional costs in
connection with non-tort related cases. (Tort cases are generally personal injury cases, and
include traffic accidents, slip and fall, and police civil rights cases..) Complicated legal
litigation and unexpected costs have shown this figure to be inadequate to cover current year
costs. There is much precedent for budget utilization of the Self Insurance Liability, Contract
Legal Services account to fund defense costs of personnel matters, grievances, and labor
cases; many such cases comprise the list below.
Legal costs incurred fiscal year to date for all non-tort legal matters total over $263,086. On
the other hand, the current budget account available for tort matters is $887,000, and is more
than adequate for the current fiscal year. Some of the current non-tort legal matters that
have been undertaken are:
AES Property Tax/Rule 905 Proceeding (Distribution of Property Taxes)
BF Construction v. City (construction dispute)
City of Huntington Beach v. HBPOA (Gun Range)
HBPOA v. City (Pacific Care)
HBPOA v. City (Workers Compensation)
HJTA v. City (Retirement Tax)
Huss v. City of Huntington Beach (FLSA)
Mesa Construction v. City (construction dispute)
Purner/Svendsbo v. City of Huntington Beach (FLSA)
Shell Enterprises v. City (Carson Landfill)
Talbert & Beach v. City (Adult Business)
Staff is aware of the City budget shortfall in the unappropriated general fund and transferring
funds from tort to non-tort is an alternative means to transfer needed funds into account
10015301 for legal and professional costs.
After careful analysis by staff, it is recommended that the transfer of $350,000 from the Self
Insurance Liability fund into the Legal Services account will cover foreseeable expenses
through the end of the fiscal year.
Environmental Status: Not applicable.
Attachment(s):
City Clerk's
. - Number No. Description
1 Fiscal Impact Statement
RCA Author: SFF/jg
G:\RM2002\02-003 Insurance.doc -2- 2/27/02 2:31 PM
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Attorney's Office
SUBJECT: Approve Amendment of City Budget to Increase City
Attorney's Legal Services Account
COUNCIL MEETING DATE: July 15, 2002
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Attached
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETVRNED FORWARDED
Administrative Staff
Assistant City Administrator (initial)
City Administrator Initial
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author:
Giguere, Joan
From: Villella, Dan
Sent: Monday, June 24, 2002 4:50 PM
To: Giguere, Joan
Cc: Sedlak, Robert
Subject: RE: Review of""Funding Source" language in RCA- 7/1/02
Funding source is fine. Do you have a FIS? Robert, if they don't, please prepare one.
-----Original Message-----
From: Giguere,Joan
Sent: Monday,June 24, 2002 3:51 PM
To: Villella, Dan
Subject: Review of""Funding Source"language in RCA-711102
Please review the"Funding Source" language for the attached RCA- 7/1/02 Council Meeting.
Thank you,
<< File: Legalincrease.doc >>
Joan G quere
Law Office Manager
City Attorney's Office
X8827
1
CST 1 s
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Deniedt,City Clerk' ignature
Council Meeting Date: 3/18/02 Department ID Number: CA 02-04�
o
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
1
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ;,
SUBMITTED BY: *)ACK v
TTON, City Attorney
*a-Y,,-`M, ARTIN, Director/Administrative Services
PREPARED BY: GAIL HUTTON, City Attorney
SUBJECT: Approve Appropriation of Funds to Legal Services — City Attorney's
Budget
jKatem:e:nt:,:f Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The City Attorney's Office maintains both its Operating Budget and
the Self Insurance Liability fund for legal/professional services. Higher than expected legal
and litigations costs in the current fiscal year have necessitated a transfer from the Self
Insurance Liability fund into the operating account to cover these legal fees for the current
fiscal year.
Funding Source: Self Insurance Liability, Contract Legal Services,
Account No. 55215610.69375 in the amount of$350,000.
Recommended Action: Motion to approve the appropriation of $350,000 from the Self
Insurance Liability fund for legal/professional services into Legal Services operating account
number 10015301.69375.
Alternative Action(s):
1. Approve appropriation of$350,000 from the unappropriated General Fund.
2. Do not approve the transfer of funds
REQUEST FOR COUNCIL ACTS
MEETING DATE: 3/18/02 DEPARTMENT ID NUMBER: CA 02-04
Analysis: In the fiscal year 2001/2002, the City Attorney's Office budgeted $266,882 into
Operating Budget (account 10015301) for anticipated legal and professional costs in
connection with non-tort related cases. (Tort cases are generally personal injury cases, and
include traffic accidents, slip and fall, and police civil rights cases.) Complicated legal
litigation and unexpected costs have shown this figure to be inadequate to cover current year
costs. There is much precedent for budget utilization of the Self Insurance Liability, Contract
Legal Services account to fund defense costs of personnel matters, grievances, and labor
cases; many such cases comprise the list below.
Legal costs incurred fiscal year to date for all non-tort legal matters total over $263,086. On
the other hand, the current budget account available for tort matters is $887,000, and is more
than adequate for the current fiscal year. Some of the current non-tort legal matters that
have been undertaken are:
AES Property Tax/Rule 905 Proceeding (Distribution of Property Taxes)
BF Construction v. City (construction dispute)
City of Huntington Beach v. HBPOA (Gun Range)
HBPOA v. City (Pacific Care)
HBPOA v. City (Workers Compensation)
HJTA v. City (Retirement Tax)
Huss v. City of Huntington Beach (FLSA)
Mesa Construction v. City (construction dispute)
Purner/Svendsbo v. City of Huntington Beach (FLSA)
Shell Enterprises v. City (Carson Landfill)
Talbert & Beach v. City (Adult Business)
Staff is aware of the City budget shortfall in the unappropriated general fund and transferring
funds from tort to non-tort is an alternative means to transfer needed funds into account
10015301 for legal and professional costs.
After careful analysis by staff, it is recommended that the transfer of $350,000 from the Self
Insurance Liability fund into the Legal Services account will cover foreseeable expenses
through the end of the fiscal year.
Environmental Status: Not applicable.
Attachment(s):
NumberCity Clerk's
Page Description
, I Fiscal Impact Statement
RCA Author: SFF/jg
G:\RCA\2002\02-003 Insurance.doc -2- 2/27/02 2:31 PM
� CITY OF HUNTINGTON BEACH
IOU INTERDEPARTMENTAL COMMUNICA TION
To: Ray Silver, City Administrator
From: Clay Martin, Director of Administrative Services
Subject: FIS 2002-09 Approve Appropriation of Funds to Legal
Services — City Attorney's Budget
Date: March 8, 2002
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for "Approve Appropriation of, Funds to.Legal Services.. .
— City Attorney's Budget".
If the City Council approves this request (total appropriation
$350,000), the estimated unreserved, undesignated fund balance of
the General Fund at September 30, 2002 will remain at $10,651 ,000.
Clay M in,
Director of Administrative Services
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Attorne 's Office
SUBJECT: Approve Appropriation of Funds to Legal Services - City
Attorney's Budget
COUNCIL MEETING DATE: March 18, 2002
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (if applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETYRNED FORWARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial �yrl�
City Clerk
E PLANATION_FOR RETURN OF ITEM:
o�0 Gti, are PP V 41, 0-4 eG
zeeau5e-
(Below SpaceFor Only)
RCA Author: