The URL can be used to link to this page

Home My WebLink AboutAGENDA REPORT 1990 0307 CC REG ITEM 08LL.AW C' F!- I Ls BuRKE, WILLIAMS 8C SO- RENSEN ONC WILErI RF #I IuC.Ni "n ITEM S.L. VENTURA COUNTY OFFICE E310 RONDERCSA DRIVE SUlTC I CAMARILLO. CAL"DRNIA 93CI0 (i00} 097 -3 +60 ORANGE GOUNTY OFFICE �l00 BRISTOL STREET SUITE 640 COSTA M[SA, CALIFORNIA 91610 (7101 1548$560 LIOHTON PLAZA 7300 COLLEGE BOULEVARD SUIT[ 110 OVERLAND PARK, KANSAS 662IC (0191 330.101015 of GDUN {cL DWIGHT A NEWELL wrelT .015 OIRCCT OIAL 213 -236 -2771 OUR FILL NO 01359 -001 Re: Request for Amicus Support - Commercial Builders of Northern 1 fornia . __V" . CitV Of Sa�ra+marit0 Dear Mr. Mayor and Councilmembers: The City of Sacramento is seeking amicus support in a case brought by the building industry. An adverse decision could make it all but impossible for local government to impose fees or dedication requirements Amore developments if it cannot legally deny the project. comprehensive the�nclosed the lattercase bYand theits Cityramifications are of contained in Sacramento. I recommend that the City Council authorize me to join the City of Moorpark to the amicus brief being prepared by the City Attorney of San Francisco, on condition that the City incur no cost for the preparation or filing of the brief. cjk /LTR005$3 Enclosure �I e y tr yours I. -'her. . Kane :ITY ATTORNEY, MOORPARK; and S;URKE, WILLIAMS & SORENSEN Sea 5G U T H 0RANC G ✓� ..a Li k::, �.•, _OOR MARTIN J. BURK[' JAmea L SRAOGHAW, JR.- QR[O ORV A, OOCIMO ENZANQTH L HANNA LOS ANGELES. r!A,. -I r C']RN A 9C' i1'7 MARK C, ALLEN, JR 0 KATHRYN R PETEPSS ,.. (213Y 2 -� MARTIN L 7URKE' LISA L. KRANITZ CARL X. NCWTON' KIM E. MtNALLV ---- - -" J.. ROBERT FLANDRICK• DENNIS L FLOYD Th [CCAI[R t 7 "B -L7 ,C NOR- C. 3A RT LINDA L DAUBS EDWARD M. FOX' M. LOTS ■ORAK DENNIS R �URKR' R06ER1 V WADDEN ,1ARRv LELAND C OOLLEY' G FRANK H. WHITGHAD, II (10 @. -106" C061N LENNARD' SCOTT H. CAMPL[LL. THOMAS J- FEELEY' MARYANN LINK GOODKINO IMO yI.L ,., SOPS•. S['' NEIL R YEAGER' TIMOTHY S. McOSKCR A, was" BRIAN A, FISRIK' DIANA L. FIELD CHARLEB M. CALDERCN' RITA J. TAYLOR pCTEp M. TMORSON' STEVEN - DAWSON JERRY M. PATTERBON JAMES F. RIGALI 14AROW A. ORIOOES* JAMES R. FELTON CHERYL J. KANE' RAYMOND J. FUE NTES' TERRY R KAUFMANN 1 STEPHEN P. ONSTOT February' c '' + 0 VIRGINIA R. PEBOLA JAIME AREVALO 0. PAUL ORUGUERA P. DANI[LS CRAWFOPD, TQ e. OEREK BTRAATSMA MARIANNE WOO DOUGLAS G HOLLAND JOHN E. CAVANAUQN DON O. KIRCHER MARK D. I•WOLE'1 MIGMELE VADON- RIVCAA PETER D. TREM6lAY SCOTT F. FIELD C. MICHAEL ZW[10ACK MARY R[OUS OAYLE' ROGER L ITO RUFUS C. YOUNG, JR, •reOrUD10 NAL OO1IFOMTION TA • IONAL AGGOCI I AOM,71CCI KANSAS A Hi3SC uR' 'AON�T+LO KAN {AA The Honorable Paul Lawrason and Members of the City Ceuncgl City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 ITEM S.L. VENTURA COUNTY OFFICE E310 RONDERCSA DRIVE SUlTC I CAMARILLO. CAL"DRNIA 93CI0 (i00} 097 -3 +60 ORANGE GOUNTY OFFICE �l00 BRISTOL STREET SUITE 640 COSTA M[SA, CALIFORNIA 91610 (7101 1548$560 LIOHTON PLAZA 7300 COLLEGE BOULEVARD SUIT[ 110 OVERLAND PARK, KANSAS 662IC (0191 330.101015 of GDUN {cL DWIGHT A NEWELL wrelT .015 OIRCCT OIAL 213 -236 -2771 OUR FILL NO 01359 -001 Re: Request for Amicus Support - Commercial Builders of Northern 1 fornia . __V" . CitV Of Sa�ra+marit0 Dear Mr. Mayor and Councilmembers: The City of Sacramento is seeking amicus support in a case brought by the building industry. An adverse decision could make it all but impossible for local government to impose fees or dedication requirements Amore developments if it cannot legally deny the project. comprehensive the�nclosed the lattercase bYand theits Cityramifications are of contained in Sacramento. I recommend that the City Council authorize me to join the City of Moorpark to the amicus brief being prepared by the City Attorney of San Francisco, on condition that the City incur no cost for the preparation or filing of the brief. cjk /LTR005$3 Enclosure �I e y tr yours I. -'her. . Kane :ITY ATTORNEY, MOORPARK; and S;URKE, WILLIAMS & SORENSEN RESOLUTION NO )0 - A RESOLUTION OF THE C_LTY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE PLACEMENT OF A "STOP "' IGN FOR THE NORTH BOUND RIGHT TURN ONLY LANE (:.F MOORPARK ROAD AT THE INTERSECTION OF TIERRA RE'ADA ROAD WHEREAS, Section 21351 o the California Vehicle Code authorizes the City to place and maintain or cause to be placed and maintained, such appropriate ;:signs, signals, or other traffic control devices as may be necessary properly to indicate and carry out the provisions of the Vehicle `'ode or local traffic ordinances, or to warn or guide traffic, inl WHEREAS, in order to prov,,,Ae for a more safe and orderly movement of traffic at the intersection of Moorpark Road and Tierra Rejada Road, it is necessary a.d appropriate to amend certain existing traffic controls at �,ai intersection. NOW, THEREFORE, THE CITE COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE )FTERMINE AND ORDER AS FOLLOWS: SECTION 1. That prior act::i.n 7:o authorize the installation of the existing "YIELD" right -of way sign on the south leg of the "Tee" intersection of Moorpark Ro, d and Tierra Rejada Road, for the control of north bound, right -tu -n traffic from Moorpark Road on to Tierra Rejada Road, is hercFbv - esci..nded and repealed. SECTION 2. That the south 1-9 c,f said intersection (as shown on the attached Exhibit "A") s hereby designated a "STOP" intersection. SECTION 3. That both the 1 -ft turn and right turn lanes of said south leg of said interne t:icn ;shall be subject to such designation. SECTION 4. That the City riena r is he eby directed to provide for the installation and e of the appropriate signs and markings to effectuat:E, sign ionPASSED AND ADOPTED this aayp ruary, 19 +0. May City Moorpark, California ATTESTED: City Clerk OFFICE OF THE CITY ATTORNEY JAMES P. JACKSON CITY ATTORNEY THEODORE H. KOBEY, JR, ASSISTANT CITY ATTORNEY SR. DEPUTY CITY ATTORNEYS SAMUEL L. JACKSON WILLIAM P. CARNAZZO GARLAND E. BURRELL, JR TO ALL CITY ATTORNEYS CITY OF SACRAMENTO C,kL °OPNTA February 23, 1990 RE, Request for Amicus Support: Commercial Builders of Northern California v. City of Sacramento (4th Cir. No. 89- 16398) Dear Colleague: RECEIVED F k a � 6 Burks, WiUlamt & Sarees" 921 TENTH STREET SUITE 704 SACRAMENTO,CA 95814.2717 916449-5i 46 DEPUTY CITY ATTORNEYS: LAWRENCE b!. LUNA.RDINI DIANE B. SALTER RICHARD F. ANTOINE TAMARA MLLIGANi3ARMON RICHARD E. ARCHIBALD KATHLEEN L. MCCORMICK TIMOTHY N. WASHBURN SABRINA M. THOMPSON The Ninth Circuit is, for the first time, about to determine the extent to which the United States Supreme Court decision in Nollan v. California Coastal Commissio n, 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 tees 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 Ordinance was adopted after nearly two years of study and consideration. The Ordinance was based on a detailed factual record that included the findings of a joint City- County Housing Task Force as well as a report by a consulting firm detailing the nexus between the new development 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 $42 million recommended 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 Noll an eliminates the courts' traditional deference to legislative fact - finding, and that NQlla allows governments to impose fees or dedication requirements in connection with permits only if the permit could legally be entirely drnied. The City of San Francisco is writing an . v. I wvili nikn "J ., . .. . 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 local governments if the Commercial Builders' broad interpretation of Nolla is accepted by the Court. The Executive Committee of the League of California Cities Ugal 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 join the brief. As the brief is due March 14, 1990, please let him know no later than March 6th. If you have questions, please contact Phyllis Walker, Deputy City Attorney, San Francisco (415.554 -3927; 1390 Market Street, Fox Plaza, San Francisco, CA 94102), or Marc Mihaly or Bob Ward at Shute, Mihaly and Weinberger (415 - 552 - 7272),. Thank you. V ry truly yours, JAMES P. JA ON CITY ATTORNEY JPJ /jms cc: Phyllis Walker, Deputy City Attorney, San Francisco Marc Mihaly, Shute, Mihaly and Weinberger JoAnn Speers, League of California Cities