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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 fz a a- 3 .. 8 G q =! 0 z 0 5 * CITY OF CARLSBAD AG NDA BILL DEPT. HD. CITY ATP(, P 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. B 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 1 2 3 4 5 t3 7 8 9 10 11 l2 Sm mu: an8 if:% $045 l4 Ed2 x->= 3 o *ai o B l5 3'". '~%n 003 LOV, so m> $am 13 DY'? 16 d0J pcz l7 18 19 2o 21 22 23 z4 25 26 27 28 0 0 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 $V jQ44 14 ipss 15 u n 16 nul &Em 408 &u~ ::g (I)> :wv) +a$ 1'2 p2 4o-r >cJ% 17 50 18 19 20 21 22 23 24 25 26 27 28 II e 0 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)