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Item 19 - Resolution Authorizing the City Attorney to Join the City in Amicus Curiae Briefs AGENDA REPORT SUMMARY TO: FROM: Honorable Mayor and Members of the City Council James L. Bowersox, City M# Stephen M. Edris, City Atto~ INITIATED BY: DATE: June 6, 1995 Resolution Authorizing the City Attorney to Join the City in Amicus Curiae Briefs SUBJECT: ABSTRACT: This Resolution would formalize the practice of the City of Poway in joining amicus briefs in the appellate courts of the State of California. The City Attorney is currently authorized to join the City as amicus provided that such joinder is consistent with the ordinances, resolutions or policies of the City and the case presents an issue important to the City. The Resolution would formalize this practice and require the City Attorney to report to the City Council the fact that he has joined the City in an amicus brief. ENVIRONMENTAL REVIEW: None required. FISCAL IMPACT: None. ADDmONAL PUBLIC NOTIFICATION AND CORRESPONDENCE: Standard distribution. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution authorizing the City Attorney to join the City in amicus curiae briefs. ACTION: 1 of 6 JUN 6 1995 ITEM 19 ~ AGENDA REPOR_ CITY OF POW A Y ~is report!s included on the Consert: Calendar. There will be no seperate discussion of the report prior to approval by the CIty Couned un~ IT.eullb.aS ci the Council. staff or public request it to be removed from the Consent Calendar and discussed seperately. tf)lOU wish to have this report pulled for discussion, please fill out a slip indicating the report number and give ~ to the Qty ~ p<Ior ID the beginning 01 the City Council meeting. TO: . Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City M~ INITIATED BY: Stephen M. Ec1ris, City Attorn~ DATE: June 6, 1995 SUBJECT: Resolution Authorizing the City Attorney to Join the City in Amicus Curiae Briefs BACKGROUND: An amicus brief is a "friend of the court brief" that the City of Poway may join when it is not otherwise a party to the litigation. It is often important for many cities to join as a friend of a city which has been sued in order both to help that city prevail in the litigation and to establish law which is in the public interest. The Legal Advocacy Committee of the League of California Cities reviews all such important cases. In the most important cases the Committee will either recommend or urge participation in an amicus brief. The City Attorney reviews the reports of the Legal Advocacy Committee concerning important pending cases. The Committee was organized specifically to review municipal law cases to be decided at the appellate level in California and to make recommendations to cities whether or not to join an amicus brief. The Legal Advocacy Committee In:il:1 participation only when the issue is of statewide significance and is one in which all cities have a common interest in the same outcome. The Committee recommends participation only when the issue would have a significant impact on a significant number of cities which have a common interest in the same outcome and would not have a foreseeable adverse impact on other cities. The City Attorney frequently joins poway in amicus briefs recommended or urged by the Committee. In addition, the City Attorney may also join the City in an amicus brief in which participation bas not been urged or recommended by the Committee when participation would protect or advance the City's interest and the case presents issues consistent with existing ordinances, resolutions or policies of the City. ACTION: 2 of 6 .6 1995 nrD'i '7 . 1 )) CITY OF POWAY AGENDA REPOIn' June 6, 1995 Page Two ---------------------------- The most recent example of a case in which the City participated as amicus and which was decided in a manner which is consistent with the City's ordinances, policies, and resolutions is the case of De Vita v. County of NlIPa. In that case an initiative measure by the voters of the County of Napa requiring voter approval before agricultural or open space property could be rezoned to a more intensive use was approved by the California Supreme Court. There is often very little time available to make the decision to join an amicus brief. For that reason the City Attorney has made the decision for the City, usually without City Council participation, pursuant to an informal policy of the City Council authorizing the City Attorney to make such decisions. The resolution attached to this staff report would formalize this procedure. FINDINGS: The City Attorney is uniquely qualified to review amicus requests and act quickly to join the City in an amicus brief which protects or advances the City's interests and which presents issues consistent with the ordinances, resolutions or policies of the City. The City Attorney has the best opportunity to review the reports of the Legal Advocacy Committee and to detennine which cases urged or recommended by that Committee should be joined by the City of Poway. The time requirements of the appellate courts often do not allow sufficient time for City Council review. The City Attorney does not join the City of Poway in amicus participation in many cases even though those cases may be urged or recommended by the Legal Advocacy Committee. That decision is made on the basis that Poway has an insufficient interest in such cases. 'I'he City Attorney typically does not report those cases to the City Council and should place such cases on the City Council Agenda only if a member of the City Council or the City Manager so requests. As an informational matter the City Attorney should report to the City Council, either orally in writing, his decision to join the City in an amicus brief. ENVIRONMENTAL REVIEW: This report is not subject to CEQA. 3 of 6 JUN 6 1995 ITEM 19 . I CITY OF POWAY AGENDA REPORT June 6, 1995 Page Three FISCAL IMPACT: None. ADDmONAL PUBUC NOTIFICATION AND CORRESPONDENCE: Standard distribution. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution authorizing the City Attorney to join the City in amicus curiae briefs. ### Attachments: Resolution. 4 of 6 JUN 6 1995 ITEM 19 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA AUTIiORIZING THE CITY ATTORNEY TO JOIN THE CITY IN AMICUS CURIAE BRIEFS WHEREAS, the League of California Cities has established the Legal Advocacy Committee to urge, recommend, or otherwise report on amicus participation in pending appellate cases which address important municipal law issues; and WHEREAS, the City Attorney regularly reviews the written reports of the Legal Advocacy Committee and reviews requests made of the City to join amicus briefs; and WHEREAS, time limits for the preparation and filing of amicus briefs often make it impractical to place requests for amicus participation on the City Council Agenda for consideration; and WHEREAS, the Legal Advocacy Committee urges participation only when the issue is of statewide significance and is one in which all cities have a common interest in the same outcome; and WHEREAS, the Legal Advocacy Committee recommends participation only when the issue would have a significant impact on a significant number of cities which have a common interest in the same outcome and would not have a foreseeable adverse impact on other cities; and WHEREAS, the City Attorney is uniquely qualified to review amicus requests and act quickly to join the City in an amicus brief which protects or advances the City's interests and which presents issues consistent with the ordinfJIces, resolutions, or policies of the City. NOW THEREFORE BY THE CITY COUNCIL DOES HEREBY AS FOLLOWS: Section I. Authorization: The City Attorney shall be authorized, but not required, to add the name of the City of Poway to an amicus curiae brief in any appellate court of the State of California in the event that any of the following standards is met: a) The Legal Advocacy Committee urges participation. b) The Legal Advocacy Committee recommends participation. c) Participation would protect or advance the City's interests and the case presents issues consistent with the ordinances, resolutions, or policies of the City. 5 of 6 JUN 6 1995 ITEM 19 RESOLUTION NO. Page 2 Section 2. City Council Review: In the event that the City Attorney becomes aware of an amicus participation request which does not meet any of the standards of Section J or determines for any other reason not to join the City in an amicus brief, the City Attorney shall place the request on the City Council agenda only if the City Manager or any member of the City Council so requests. Section 3. Report By City Attorney: In the event that the City Attorney joins the City in an amicus brief, the City Attorney shall report that decision to the City Council, orally or in writing. ADOPTED AND APPROVED by the City Council of the City of Poway, California at a regular meeting thereof this _ day of , 1995. DON HIGGINSON, Mayor ATIEST: MARJORIE K. WAHLSTEN, City Clerk 6 of 6 Jim 6 1995 ITEM 19