HomeMy WebLinkAboutF-3.1. Approval of Budget Amendment to Water Divisions Operation and Maintenance Fund to Support Legal Fees CONSENT ITEM F-3
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY
BOARD
FROM: TIKAN SINGH, GENERAL MANAGER
DATE: JANUARY 22, 2024
SUBJECT: APPROVAL OF BUDGET AMENDMENT TO WATER DIVISION’S
OPERATION AND MAINTENANCE FUND TO SUPPORT LEGAL FEES
BACKGROUND:
On June 19, 2023, the City Council approved the adopted Water Fund Operating Budget. The
approval of the Water Fund Operating Budget included $150,000 under Legal Fees account 32-
40-721-790-6301. Due to continued litigation, the current budget is insufficient to fund operations
for the remainder of FY 2023-2024. A Budget Amendment of $250,000 to the Legal Fees budget
is required. The proposed action would replenish the Water Division’s Operation and Maintenance
Fund by a total amount of $250,000 in order to pay for services rendered through June 30, 2024.
RECOMMENDATION:
Staff recommends the Utility Board approve the following actions:
1)Approve a budget amendment to the Water Division’s Operation and Maintenance
Fund in the total amount of $250,000 to support legal fees for the remainder of FY
2023-2024;
ANALYSIS:
The Water Division’s Legal Fees account supports the use of legal counsel provided by Best, Best,
and Krieger. These services include contract review, legal representation for current litigation, and
general legal counsel and services needed for water operations. Continued litigation for Adv.
Praxedes E. Running and general use of counsel has exhausted the approved FY 2023-2024 Legal
Fees budget. As of January 02, 2024, account 32-40-721-790-6301 is over its approved budget of
$150,000.00 by $45,806. In addition to this deficit, the Water Division has received an invoice in
the amount of $126,665.83 for services rendered for the Adv. Praxedes E. Running case. Due to
Approved
Utility Board
01/22/2024
Budget Amendment to Water Fund
January 22, 2024
Page 2
the continued need for legal counsel and outstanding invoices, the current budget cannot fund the
payment of services rendered through the end of FY 2023-2024.
The proposed action would replenish the Water Division’s Operation and Maintenance Fund by a
total amount of $250,000 in order to pay for services rendered through June 30, 2024.
FISCAL IMPACT:
The fiscal impact is an increase of $250,000 to expense account 32-40-721-790-6301 to support
legal fees for the remainder of the fiscal year 2023-24.
Prepared by: Prepared by:
Gabriela Enriquez Melissa Barbosa, PE
Management Analyst Assistant General Manager – Water Operations
Reviewed and Approved: Reviewed and Approved:
Danny Smith Tikan Singh
Utilities Admin & Finance Manager General Manager
Reviewed and Approved:
Sergio Gonzalez
City Manager