HomeMy WebLinkAboutAGENDA REPORT 2008 0618 CC REG ITEM 10OTO:
FROM:
BY:
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
Hugh Riley, Assistant City Marta
Steven Klotzsche, Interim Finance Director
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City Council mestirrf
ACTION:
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May 27, 2008 (City Council Meeting of June 18, 2008)
SUBJECT: Consider Resolution Amending the Fiscal Year Budget to Transfer
from Citywide Traffic Mitigation Fund to General Fund and
Community Development Fund for Reimbursement of Litigation Cost
Relating to the Ventura County Community College District (VCCCD)
(Moorpark College Master Plan)
BACKGROUND
As of May 2006 through March 2008 the City has incurred litigation charges relating to
the Moorpark College Master Plan. Payments made to date total $67,005.34 and have
been paid out of the General Fund ($3,369.35) and the Community Development Fund
($63,635.99). As the Council will recall the recently approved settlement agreement
with VCCCD will provide an estimated $1 million for three street improvements related
to the City's legal challenge.
DISCUSSION
In addition to the out of pocket cost for the City Attorney's cost, considerable staff time
was expended on this matter. Rather than reimburse the two funds for this cost it's
recommended that 15% be added to the direct City Attorney's cost to cover the City's
staff time and overhead costs. It's standard practice for the City to add 15% of such
costs for this purpose. Due to the nature of the expenditure, the above charges are an
allowable expenditure from the Citywide Traffic Mitigation Fund (Special Revenue Fund)
and thus would be the more appropriately charged fund. The expected total litigation
cost should not exceed $95,000 for the 2007 -2008 fiscal year. Any cost for April, May
and June would be charged directly to the Citywide Traffic Mitigation Fund.
{..lU254
Honorable City Council
June 18, 2008
Page 2
FISCAL IMPACT
This will return $73,181 to the Community Development Fund and $3,875 to the
General Fund
STAFF RECOMMENDATION (Roll Call Vote)
1. Adopt Resolution No. 2008 to appropriate $95,000 from the Citywide
Traffic Mitigation Fund; and
2. Direct staff to transfer the previously expended funds as identified in this report
from the Citywide Traffic Mitigation Fund to the General Fund and the
Community Development Fund.
ATTACHMENT
Resolution for budget amendment.
Litigation -to -Date schedule of payments made to Burke, Williams & Sorenson.
11 (S ��.�
11) .J+255
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FY 07/08 BUDGET TO
APPROPRIATE $95,000 FROM THE CITYWIDE TRAFFIC MITIGATION
FUND (2002) RESERVE.
WHEREAS, on June 20, 2007, the City Council adopted the budget for Fiscal
Year 2007/08; and
WHEREAS, a staff report has been presented to said Council requesting a
budget amendment appropriating $95,000 from the Citywide Traffic Mitigation Fund
reserve; and
WHEREAS, the City has incurred legal and administrative cost properly charged
to the Citywide Traffic Mitigation Fund.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment appropriating $95,000 from the Citywide
Traffic Mitigation Fund reserve for legal and administrative cost incurred is hereby
approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 18th day of June, 2008.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment: Exhibit A Budget Amendment
EXHIBIT A
BUDGET AMENDMENT FOR
CITYWIDE TRAFFIC MITIGATION FUND
FY 2007/08
FUND ALLOCATION FROM:
Fund
Account Number
Amount
Citywide Traffic Mitigation Fund
2002 -5500
$ 95,000.00
$ 65,000.00
$ 65,000.00
2002 - 4100 - 0000 -9820
Total
$ 4,000.00
$ 95,000.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number
Current Budget
Revision
Amended Budget
2002 - 6440 - 0000 -9820
$ -
$ 65,000.00
$ 65,000.00
2002 - 4100 - 0000 -9820
$ 4,000.00
$ 4,000.00
2002 - 4100 - 0000 -9122
$ 26,000.00
$ 26,000.00
$ -
Total
1 $ -
$ 95,000.00
1 $ 95,000.00
Approved as to Form:
Jrrsr;a /
CITY OF MOORPARK
Burke Williams & Sorenson
Legal Cost Recap for Case 01359 -0178 (Moorpark College Master Plan)
Date
Check #
Service Period
Invoice No
Hours
Amount
Notes
9/1/2006
123776
May -06
116580
33.1
5,851.11
$96.61 reimbursable expenses
9/20/2006
124093
June -06
116892
34.6
6,355.98
$38.48 reimbursable expenses
11/1/2006
124536
July -06
117145
13.1
3,369.35
$780.35 reimbursable expenses
11/1/2006
124536
August -06
117322
5.4
1,179.60
$15.60 reimbursable expenses
12/20/2006
124941
September -06
117683
40.3
7,502.39
$164.39 reimbursable expenses
2/7/2007
125391
October -06
117932
5.4
635.74
$16.24 reimbursable expenses
1/17/2007
125195
November -06
118121
0
192.10
$192.10 reimbursable expenses
3/21/2007
125867
December -06
n/a
0
0.00
$0.00 reimbursable expenses
4/4/2007
126038
January-07
118627
1.8
318.05
$1.05 reimbursable expenses
4/18/2007
126178
February-07
118776
3
611.00
$0.00 reimbursable expenses
6/6/2007
126734
March -07
119038
0.3
54.00
$0.00 reimbursable expenses
7/18/2007
127188
April -07
119195
0.1
19.05
$1.05 reimbursable expenses
8/15/2007
127432
May -07
119393
53.3
10,644.65
$73.65 reimbursable expenses
8/23/2007
127604
June -07
119592
8.9
1,822.80
$1.80 reimbursable expenses
FY 06/07 Total
38,555.82
10/3/2007
128093
July -07
119818
0.3
55.50
$0.00 reimbursable expenses
12/5/2007
128833
August -07
120342
28.7
1,759.50
$216.63 reimbursable expenses
12/5/2007
128833
September -07
120148
8.4
5,241.13
$0.00 reimbursable expenses
12/26/2007
129065
October -07
120777
51.9
9,896.65
$19.15 reimbursable expenses
1/30/2008
129346
November -07
121044
21.8
5,300.38
$746.88 reimbursable expenses
3/19/2008
129929
December -07
121429
4.7
989.50
$0.00 reimbursable expenses
5/21/2008
130629
January-08
121837
7.6
1,608.80
$7.80 reimbursable expenses
5/21/2008
130629
February-08
122162
9.5
2,319.05
$285.55 reimbursable expenses
pending
pending
March -08
122489
12.6
1,279.01
$3.00 reimbursable expenses
FY 07108 Total
28,449.52
LTD TOTAL as of April 28, 2008
$ 67,005.34
Expenditure Distribution:
2200 - 6440 - 0000 -9122 63,317.94 including pending invoices
2200 - 6440 - 0000 -9220 318.05
1000- 4100- 0000 -9122 3,369.35
$ 67,005.34
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