HomeMy WebLinkAboutAGENDA REPORT 1995 1101 CC REG ITEM 08NLEONARD J. SIEGAL
HAROLD S. TOPPEL
ROBERT K. BOOTH, JR.
STEVEN G. BAIRD
MARC G. HYNES
EMILY J. COTE
ATKINS ON • FARAS YN
ATTORNEYS AT LAW
660 WEST DANA STREET
P.O. BOX 279
MOUNTAIN VIEW, CALIFORNIA 94042
TELEPHONE ( 415) 967 -6941
FACSIMILE (415) 967 -1395
September 12, 1995
ITEM?. N 0
J. M. ATKINSON 11892.19821
L M. FARASYN (1915 -19791
— RECEIVED -
S E P 15 1995
C'rt� of Moorpar{
Re: Request for Amicus Curiae Support
BIA of Northern California v. Cit of Livermore _
___1
s
Court of Appeal, First District, Division 3
Case No. A070517
[Alameda County Superior Court Case No. V- 009255 -71 --
Dear Fellow City Attorney:
The Legal Advocacy Committee of the League of
California Cities has granted a request by the City of Livermore
for an amicus curiae brief in support of the City's position in
the above - entitled case. We solicit your support for this amicus
curiae brief which we currently are preparing. Briefly stated,
the appeal raises a question of statewide importance, which is
whether the City of Livermore may adopt and enforce sprinkler
requirements stricter than those found in the Uniform Plumbing
Code and Uniform Fire Code. The issue has been litigated
elsewhere, with no published opinions as yet. We are informed
that other cases are currently pending.
The Superior Court found for the City and sustained a
demurrer without leave to amend. BIA has taken an appeal and
their opening brief is already on file.
of Livermore ehas cadopted han ordinance rwhichvgoessbeyond . The City
sprinkling requirements in the Uniform Codes. The Building
Industry Association contends that such an ordinance can only be
adopted in the same fashion as changes to the Uniform
Construction Codes with findings dealing with unique local or
geographical conditions. The City points out that the Uniform
Fire Code is not subject to the same process as Construction
Codes, and that, in any event, the City possesses inherent
authority under its police powers to enact regulations such as
these relating to the health and safety and a reduction of fire
losses beyond whatever authority might be contained in the Health
and Safety Code.
Presently, the City's brief and probably the amicus
curiae brief will be due by October 5, 1995.
*YU�1UNI
y
Fellow City Attorney - 2 - September 12, 1995
We urge you to authorize the use of your city's name,
at no expense whatsoever to your city, by faxing this entire page
with the appropriate information noted, calling us (collect, if
you prefer), or writing your own separate letter. Please
indicate whether you desire a copy of the brief.
If you have any questions, please contact either of the
undersigned.
RKBJr.:cwb
Bob and Marc:
Very truly yours
)OTH, JR.
ES
September , 1995
You are authorized to add the name of the City of
to the amicus curiae brief you
currently are preparing on behalf of the City of Livermore.
There is no cost to my City.
Please send me a
copy of your brief. City Attorney
(please print)
PLEASE RETURN TO: (address)
ROBERT K BOOTH JR /MARC G HYNES
ATKINSON - FARASYN
P O BOX 279
MOUNTAIN VIEW CA 94042
OR FAX: (415) 967 -1395