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HomeMy WebLinkAbout1990-03-06; City Council; 10518; Amicus BriefCIT .-OF CARLSBAD - AGENDT”31LL AB# /c 51s MTO. 3/6/90 m*AMICUS PARTICIPATION IN SUPPORT OF CITY OF SACRAMENTO - LOW INCOME DEPT. CA I HOUSING DEVELOPER FEE LITIGATION DEPT. HD. RECOMMENDED ACTION: If the City Council concurs, by motion authorize the City Attorney to join the City of Carlsbad as an amicus curiae in the case of - Commercial Builders of Northern California v. City of Sacramento. JTEM EXPLANAT ION The Executive Committee of the League of California Cities Legal Advocacy Committee has recommended that cities join as amicus in support of the City of Sacramento in the above referenced litigation. The Ninth Circuit is about to determine the extent to which the United States Supreme Court’s Nollan decision limits the ability of cities to impose impact fees on development. The Facific Legal Foundation and the Commercial Builders challenged Sacramento‘s housing trust fund ordinance which imposes a fee on six categories of new non-residential development to help fund low income housing. The City of San Francisco is writing an amicus brief in support of Sacramento. If the couxt adopts the developer’s position the case will have severe conseqcenzes for all local governments seeking to impose developer fees. The Legal Advocacy Committee believes a strong showing of support from all local governments is important. If the Council concurs, you should take the above recommended action which will be at no cost to the City. EXHIBIT Letter from City kttorney of Sacramento OFFICE OF THE CITY ATTORNEY IAMES P. IACKSON CITY OF SACRAMENTO CALIFORNIA February 23, 1990 CITY Al-fOLVEY THEODORE H. KOBEY. JR. ASSISTANT CITY ATTORSEY Sl?. DEPL'TY CITY ATTORNEYS. SAM1t;EL L. JACKSUN U'ILLIAM P. CARNAZZO GARLAND E Rl'XRELL. JR. TO ALL CITY ATTORNEYS DER- CllY ATTORXY'S. 1AW'RC;CE M LUSARDlSI DIASE R. BALTER RICHARD F ANTOISE TMW >mlJGASSCUt\IOS KICHARD E. ARCHIRALT? KATllLEES L. MLCORWCK TIAIOTI1Y N. V('ASI1HI'RS SABRISA M. TtiOMPSON 1 RE: Request for Amicus Support: Commercial Builders of Northern California v. City of Sacramento (9th Cir. No. 89-16398) Dear Colleague: Cw OF CARISSAD CITY AlTORNEY The Ninth Circuit is, for the first time, about to determine the extent to which the United States Supreme Court decision in Pollan v. California Costa 1 Corn missioa 107 S.Ct. 3141 (1987) constrains the ability of government agencies to impose "impact fees" in connection with new development. An adverse decision in this case could make it all but impossible for governments to impose such fees or dedication requirements. This appeal is a facial attack upon the validity of Sacramento's Housing Trust Fund Ordinance, which imposes a fee upon six categories of new non-residential development in the City to help fund low-income housing. the Ordinan,s.was adopted after nearly two on a detailed factual record that included the findings of a joint City-County Huusisb,, T k Force as well as a report by years of study and consideration. The Ordinance was a consulting firm detailing the nexus between the new dewloprnent and the low-income housing demand. The fee amounts set in the Ordinance are far below the amounts justified by the nexus study. The fee is expected to produce approximately 9% of the 642 million recommendcd by the Task Force to be spent annually for construction of low-income housing. The Commercial Builders, represented by the Pacific Legal Foundation, argue that Nollan eliminates the courts' traditional deference to legislative fact-finding, and that Nollan allows governments to impose fees or dedication requirements in connection with permits only if the permit could legally be entirely denied. ??le City of San Francisco is b-riting an All City Attorneys Re: Commercial Builders v. City of Sacramento February 23,1990 Page 2 amicus brief which will explain the errors in the Commercial Builders’ theories and will emphasize the severe consequences to locaS governnicnts if the Commercial Builders’ broad interpretation of Nollan is accepted by the Court. The Executive Committee of the League of California Cities Legal Advocacy Committee has recommended that cities join this amicus brief. It is critical that we have a strong showing of support from all local governments. Please let Ron Baxter, secretary, San Francisco City Attorney’s office (415-554- 4236) know as soon as possible if your city will joiz the brief. As the brief is due March 14, 1990, please let him know no later than March 6th. If yo3 have questions, please contact Phyllis Walker, Deputy City Attorney, San Francisco (415-554-3927; 1390 Market Street, Fox Plaza, San Francisco, CA 94102), or Mzrc Mihaly or Bob Ward at Shute, Mihaly and Weinberger (415-552-7272). Thank you. CITY AITORNEY JPJ/jms cc: Phyllis Walker, Deputy City Attorney, San Francisco Marc Mihaly, Shute, Mihaly and Weinberger JoAnn Speers, League of California Cities (c .-.-