HomeMy WebLinkAbout1995-12-05; City Council; 13426; CITY OF CARLSBAD TO ASSOCIATE WITH LAW FIRM OF ALLAN J. THOMPSON, ESQ. IN LEGAL OR ADMINISTRATIVE PROCEEDINGS INVOLVING SDG&E$3 g
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AB# /9 v&+?Ib TITLE: @ CITY OF CARLSBAD TO ASSOCIATE WITH LAW FIRM
MTG. J2-5- 9.5 OF ALLAN J. THOMPSON, ESQ. IN LEGAL OR
ADMINISTRATIVE PROCEEDINGS INVOLVING SDG&E
DEPT. CA CITYMGR. -@
RECOMMENDED ACTION: Adopt Resolution No. CT 5 --3Y0
Authorize the City Attorney to associate with law firm of Allan J. Thompson, Esq. in legal I
administrative proceedings involving SDG&E.
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ITEM EXPLANATION:
SDG&E applied for and obtained a special use permit under Title 21 of the Carlsbad Municip
Code (SUP 92-04). One of the conditions of that special use permit required SDG&E to comp
with an order to be issued by the City Engineer specifying the exact terms and conditions for th
placement of sand on Carlsbad’s beaches for the 1995-96 dredging program. The City Enginec
issued that order on September 6, 1995 which was objected to by SDG&E. SDG&E filed a
appeal of that order to the City Council which modified and affirmed it on October 17, 199!
SDG&E then began violating the terms of that order and the City issued a cease and desist ordc
requiring the company to cease operations or to comply with the City’s order. SDG&E responde
by filing a lawsuit on October 24, 1995. Among other things, SDG&E contends in that lawsuit thi
the City is preempted from exercising jurisdiction over a utility which exclusive jurisdiction reside
in the PUC or the California Energy Commission. These specialized areas of the law require th
services of an expert who is familiar with them. The law offices of Allan J. Thompson provid
expert legal services in this area and have successfully represented the City in previou
proceedings before the California Energy Commission in connection with SDG&E’s applicatio
for expansion of its Encina power plant.
FISCAL IMPACT:
Services will be billed at the rate of $150 per hour and total costs will depend on the number c
hours spent on representing the City on legal and administrative matters in connection with tht
City’s permit for dredging of the Agua Hedionda Lagoon.
EXH I B ITS :
1. Resolution No. 9 5’ -3qO
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RESOLUTION NO. 95 - 340
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ASSOCIATION WITH THE LAW FIRM OF ALLAN J.
THOMPSON IN LEGAL OR ADMINISTRATIVE PROCEEDINGS INVOLVING SDG&E COMPANY.
WHEREAS, the City and SDG&E are involved in litigation;
and
WHEREAS, such litigation involves issues in preemption ,
and the regulation of utilities; and
WHEREAS, such proceedings may also involve the Public
Utilities Commission or other state or federal agencies; and
WHEREAS, the City has previously used the legal services
of Allan J. Thompson, Esq.; and
WHEREAS, Allan J. Thompson possesses the necessary
skills, abilities and background to represent the City in such
proceedings,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitals are true and correct.
2. That Allan J. Thompson, Esq. is authorized to
associate with the City Attorney's office in representing the City
before the court and such other administrative bodies as are
appropriate and necessary.
3. That compensation for such services shall be at the
rate of $150 per hour.
4. That $30,000 is transferred from the General Fund
Contingency Account to the city Attorney's professional services
budget for such costs and attorney's fees for such services.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the 5th day of DECEMBER
1995, by the following vote, to wit:
AYES:
NOES: None
ABSENT: Council Member Kulchin
Council Members Lewis, Nygaard, Finnila, Hall
ATTEST:
(SEAL)