Loading...
HomeMy WebLinkAbout1980-04-01; City Council; 6213; Pending Legislation\ CI'rY OF C\RLSBAD AGENDA BI~L NO,__:G~o~~w/~,3~-----------Initial: Dept.I-Id. DATE: Ap~il 1, 1980 DEPAR'.!:MENT: City Attorney subJect: PENDING LEGISLATION Statement of the Matter c. AttyVF8 C, Mgr.~ Attached is a page from the League's March 21, 1980 Legislative Bulletin calling for urgent action in opposition to two pending bills. One (AB 2474) would severely intrude on the Attorney/Client relationship by severely restricting the ability of the City council to meet with the City Attorney in executiv~ session to .~iscuss litigation. The other (AD 3017/SB 1869) would overrule Agins v,, Tiburon a~d again make cities Liable for inverse condemnation damages--not only for taking property but also for "substantial impairment" of. property values. The League requests letters of strong opposition. Exhibit Page 4 from League of California Cities Legislative Bulletin, dated March 21, 1980. Recommendation City Council direct City Attorney to ~end letters of opposition on the two pending bills. Council Action! 4-1-80 Council directed the City Attorney to send letters of opposition on the two bills as uutlined above. .. i \' \ At the hearing on Mrmtlay, March 24, the League will attempt to per.:'luad.:i the Com- mittee to pass SB 1352 (~farks) and SB 1389 (Craven) as the minim,11 legislation needed. All cities should urge the Senate C~ee on Local Go•,ernment to defeat: SB 1594. The members are'. Marks (Chair), Vuich (Vice Chair), Ayala, Beverly, Craven, Robbins, and Watson. It is unlikely that the Committee will co1nplete its discussion of these three important measures on the 24th. Therefore, your com- ments to Corranittee members after Match 24 will still be valuable. 7. URGENT Litigation Discussions to be Held in Open Public Meetings Under Brown Act Amendment. AB 2474 (Mello). Hearing: Wed., April 9, Assembly OPPOSE Comraittee on Local Government. The Brown Act (Gov.C. §54950 et seg.) generally requires meetings of the city council to be open to the pub- lic with prescribed exceptions. Judicial interpretation of the Act has added a significant uncodified exception: the discussion of potential litigation. Under the Sacramento Newspaper Guild ci:ise and several Attorney General opinions, an "executive session" may be held to discuss potential litigation. AB 2474 sub- stantially erodes this exception by p2rmitt:ing an executive session "for the pur·· pose of consulting ;,ith an attorney" only when litigation has been filed, or when the city council, upon a 4/5ths vote, determines that litigation is "about to be flled" (thereby divulging the parties to the "about to be filed litigation"). AB 2474 represents an intolerable intrusion into the attorney-client: privilege that this sanctioned use of the e:cecutive session attempts to protect:. Clearly a city council must be able to discuss with its city attorney litigation which potentially might result from a particular action or failure to act. This consultation must be protected from, at the very least, potential plaintiffs. Letters of strong opposi- tion to AB 2474 should be se~t: inunediately to the members of the Assembly Committee on Local Government. They ar~: Chappie (Chait), Frazee (Vice Chair), Knox, Mello, Perino, Ryan, Tanner, Tnur-...a."'l., and N. Wal.;ers. 8. URGr:NT Legislative ?:--::~osals to Overturn Agins ...-. Tiburon. Damages for "Sub- stantial !::r.:;a--:::-::nt": AB 3017 (Naylor); SB 1869 (Maddi.), Hearings: OFPOSE AB 3017--Asse:::::.y Committee on Resources, I.and Use, and Eners_v; SB 1869--Se:a::e Judlciary Committee--Tues., April 8. Identical legis- h1t:ion establishing "subst:a:r.ial impairment compensation" has been introduced by Assemblyman Naylor and S-anat:or Maddy. Under these measures, ,equitable or monetary relief could be granted ::o c1 property owner demonstrating that a "regulation" or "act" (including an 'n:o:?.7.a!., unwritten action of a city, the grant or denial of a use permit, variance, zone change or any other official act, prohibition, repre- sentation or policy affecting the value, marketability, use or economic return of real property) "destroys or substantially impairs" the use or value of property, "severely ::.::i?airs its marketability or economic return" or "substantially interferes wit:h a prc-;,e::ty right". '£he bills ovet·turn Agins by providing for damages wi.en a court determines that plaintiff's property has been "taken" within the meaning of Article I, Section 19 \ of the California Constitution and establish a new cause of action under the bills' provisions for "substantial impairment". If a court determines that no "taking" occui:rcd, but that the property owner is entitled to damages under this statute, 1 the city would have the option of rescinding or otherwise correcting the "unlawful" t nctlon. or paying damages. The bills are drafted in a sufficiently pervasive manner as to include any an<l all actions and "non-actions" within their scope. The obvious increase in costly liti- gation (for which the bills provide plaintiff's attorney fees and ccsts but not defendant's) resulting from these proposals, is unjustified. Nowhere within the tcl·ms of the btlls is explained why the !!Bins remedy is not sufficient to remedy nhuscH of the Constitutlon. Each city should refer these bills to its city attorney. Strong lc!ttcrs of opposltion should be sent to the Assembly Committee on Resources, I.and Use, and Energy and the Senate Judiciary Committee. The members are: -4 -3/21/80