BOARD MEETING DATE: August 6, 2004
AGENDA NO. 15

Appropriate Funds from the General Fund, Undesignated Fund Balance, to the District Prosecutor's FY 2004-05 Budget

SYNOPSIS:

The District Prosecutor's office continues to be involved in a litigation enforcement case against BP West Coast Products, et al. ("BP ARCO"). In February 2004, the District Prosecutor's FY 2003-04 Budget was increased to cover a portion of the litigation support costs associated with this case. Not all of the funds were spent by the end of the fiscal year, and staff proposes to carryover the remaining FY 2003-04 Budget to cover litigation support costs.

COMMITTEE:

Administrative, July 16, 2004. Less than a quorum was present for the discussion of this item; those Committee members who were present communicated their concurrence.

RECOMMENDED ACTION:

Appropriate $194,742 from the General Fund, Undesignated Fund Balance, to the District Prosecutor's FY 2004-05 Budget: Salary and Employee Benefits Major Object, $20,000 to Overtime; Services and Supplies Major Object in the following accounts: $149,263 to Professional and Special Services; $12,279 to Office Supplies; $3,200 to Postage; and $10,000 to Travel.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

The District is currently involved in an enforcement litigation matter against BP West Coast Products, the successor in interest to Atlantic Richfield Company, for tank self-inspection, public nuisance, permit condition, and flare monitoring violations at its Carson refinery.

On February 6, 2004, the Board appropriated $341,711 for FY 2003-04 from the General Fund, Undesignated Fund Balance, to the District Prosecutor's FY 2003-04 Budget to support the District’s lawsuit. Of this amount, approximately $63,758 has been expended.

This litigation will continue into FY 2004-05. Accordingly, it is necessary to carryover the remaining balance of $194,742 for use in FY 2004-05.

Proposal

Staff proposes to appropriate $194,742 as follows: Salary and Employee Benefits Major Object, $20,000 to Overtime; Services and Supplies Major Object in the following accounts: $149,263 to Professional and Special Services; $12,279 to Office Supplies; $3,200 to Postage; and $10,000 to Travel.

Resource Impacts

No additional funding is requested. The amount of $194,742 represents the unused portion of funds authorized in the prior year for this litigation.

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