The URL can be used to link to this page

Home My WebLink AboutAGENDA REPORT 1995 0517 CC REG ITEM 08FCalifornia City Attorney Re: Harris v. County of Madera, Fifth District Court of Appeal, Case No. F020495 -- Request for Amicus Support Fellow City Attorney: With the support of the Legal Advocacy Committee of the League of California Cities, I write to urge you to lend your City's name to a letter brief I am preparing on behalf of interested cities in support of the County of Madera in this housing element case. The apoeal is to be armed June 13 1995 so olease fax or mail the enclosed form as soon as possible Affordable housing advocates represented by the Housing Element Enforcement Project of the Legal Aid Society of Alameda County sued Madera County to compel it to update the housing element of its general plan. The County contended that it had no duty to update its housing element because the Legislature had suspended the mandate by failing to budget the sum necessary to reimburse local government for the cost of complying with this mandated state program. The trial court rejected this argument, thus concluding that, despite Article XIII B, $ 6 of the California Constitution, the Legislature can impose a new program on local governments without reimbursing the costs of implementing that program. This case raises important questions regarding housing element law, the power afforded to the Department of Housing and Community Development (HCD), the existence of any duty to update housing elements despite the mandate suspension, and the broader issue of the Legislature's power to impose new programs on local government without adequately funding the implementation of those programs. ( 000 5 0 OECEIVED WON* RICHARDS, WATSON & GERSH, ,�+J MAY 3 1995 ATTORNEYS AT LAV& A FROFE80K>NAL R,, -, City of Mdorpar OLWIV R WA7SON AMANDA F. SLN NOND no-NnTTo.NNalr-Nar ROINWC. COCOON RICHARD RICHAROS HARRY L O -R-IiM DOUOLAG W. ARGUE SAYRE W -11V -R EN STEV M. KMNMANN (1916.1999) MARK L LAMKEN OARO U. GANG ARNIOLO MADE OWWIN R. ADLER JOHN J. MAMK9 KEVIN O. ENIIG T}iK:fY- EWFITFi FLOOR OAAOLD D. PIM{R RO-IN O. HAPP G JJ.I SOUTH HOPE STREET ALLEN t OCAS r ST -YEN L OWMSY MAURION E May 2 1995 LOS ANGELES, CALIFORNIA 9007 WRLIAM L NITRALIG2 wr rlo-- M. ooLOFw -D G. VARA LAUIE N AL S. 1MSNEq STEVEN 0. D--awN Na AKOaAN L M N , 1 -1469 (213) 626 -04" ANTHONY B. DREWRY K M6NfAN1 FACSIMILE (216) e29 -oo7s MRpN-LL 1120 T1IANYRIV L f M METER F. METER Ga4; M TERRY P. O. OOIA NN MAC4 T -1MRY P. KAUFMIINN MACW S. IOM - OF COUNSEL SORROW ORNERY W. ST-OANICICM W. PRAWN 0. RLNIN D. WaNSR � WIL.WIM K 1GRAMER E�OMIPK SAMOA T. A9AMURA DONALD DONA1O SU N DAVIO M. N wKLUAM G. r"'° -LL DAVID L OOFI -N . OLPME CRAIG A WOOL- T. F-T-R FIMC- � � � 1912788 OLIINN M. V"OH CAROL W. LYNCH ALMON G. MAKER MNJA&AN GAFMIOUW OUR Fll.E NUMBER JEPP9W J. W N NN, JPL A. MMI 0401100 OAOSORY COUS A A CAPE CAMEL A CAREEN L 0MA-G 99904-00191 M. J M00 LIM M. - .. ^.0 WFVrER S DIRECT DIAL NUMBER WO00 REAL MAGNERM VANNIN T84EN Y (213) 253 -0207 California City Attorney Re: Harris v. County of Madera, Fifth District Court of Appeal, Case No. F020495 -- Request for Amicus Support Fellow City Attorney: With the support of the Legal Advocacy Committee of the League of California Cities, I write to urge you to lend your City's name to a letter brief I am preparing on behalf of interested cities in support of the County of Madera in this housing element case. The apoeal is to be armed June 13 1995 so olease fax or mail the enclosed form as soon as possible Affordable housing advocates represented by the Housing Element Enforcement Project of the Legal Aid Society of Alameda County sued Madera County to compel it to update the housing element of its general plan. The County contended that it had no duty to update its housing element because the Legislature had suspended the mandate by failing to budget the sum necessary to reimburse local government for the cost of complying with this mandated state program. The trial court rejected this argument, thus concluding that, despite Article XIII B, $ 6 of the California Constitution, the Legislature can impose a new program on local governments without reimbursing the costs of implementing that program. This case raises important questions regarding housing element law, the power afforded to the Department of Housing and Community Development (HCD), the existence of any duty to update housing elements despite the mandate suspension, and the broader issue of the Legislature's power to impose new programs on local government without adequately funding the implementation of those programs. ( 000 5 0 RICHARDS, WATSON & GERSHON California City Attorney May 2, 1995 Page 2 The County of Santa Cruz has filed an amicus brief on behalf of 9 counties and the County Supervisors Association of California. I will prepare a very short letter brief joining in the Santa Cruz brief on behalf of all the California cities and towns which authorize me to do so. The Santa Cruz brief makes the following points: • Cities and counties have no present duty to revise their housing elements because the Legislature has expressly declined to fund compliance with that mandate and Goveri)menit Code S 17581(x) "suspends" any mandate which the Legislature declines to fund. • Any waiver of reimbursement by the County as a condition for receiving state monies for indigent health care did not reinstate the suspended housing element mandate. • The trial court's ruling that the County's "waiver" effectively re- instated the mandate violated Article XIII B, § 6. • A blanket waiver of all rights under Article XIII B, S 6 would violate public policy. • The trial court erred in ruling that the City's updated housing element would not be deemed sufficient unless certified by the State Department of Housing and Community Development despite the provisions of the Housing Element Statute which provide that HCD's role is purely advisory, Further information regarding the significance of the Harris case appears in a paper I presented on the status of housing element law at the October meeting of the City Attorney's Department. If you have other questions, please feel free to call me at the number above. I urge you to lend your city's name to this case. Of course, it will incur no expense in doing so. MGC:mgc 1912788 cc: JoAnne Speers, Esq. Very truly yours, Mit ael G. o antuono y Attorney ty of Cudahy 00051 To: Michael G. Colantuono, Esq. Richards, Watson & Gershon 38th Floor 333 South Hope Street Los Angeles, California 9007'1 - 1469 Telecopier: (213) 626 -0078 Re: Harris v. Coun y of MadQra, Fifth District Court of Appeal, Case No. F020495 -- Request for Amicus Support Dear Mr. Colantuono: Please name the City /Town of in the letter brief joining the amicus brief of the County of Santa Cruz in this case. (Signature) (Date) (Name) (Title) (City /Town) (Address) (City /State /Zip) (Telephone Number) 0052