HomeMy WebLinkAboutItem 8.1 AmicusParticipationReq
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CITY OF DUBLIN
AGENDA STATEHEHT
CITY COUNCIL MEETING DATE: May 23, 1994
SUBJECT:
Request for Amicus Participation
Report Prepared by Elizabeth Silver, City Attorney
EXHIBITS ATTACHBD: ~emorandum from City Attorney dated May 12, 1994
RBCOKHBHDATION:~Authorize City of Dublin participation in Amicus
Brief
FIHAHCIAL STATEMENT:
None
DESCRIPTION: The City Attorney has prepared a Memorandum
discussing participation by the City of Dublin in an amicus brief as a
result of an initiative measure adopted by the voters of Napa County
amending the general plan to protect Napa County's agricultural lands.
The amicus brief will not take a position on the merits of planning by
initiative but will, instead, argue that general plans are a matter of
local, not statewide, concern.
There is no cost to the City of Dublin to join as an amicus.
Staff recommends that the City Council authorize the City'S
participation in the amicus brief.
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ITEM NO. -8.1
COPIES TO:
CITY CLER.K
FILE ~
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,.,W 13 1994
CITf OF DUBUN
Michael R Nave
Steven R Meyers
Elizabeth H. Silver
Michael S. Riback
Kenneth A Wilson
MEYERS, NAVE, RIBACK, SILVER & WILSON
A Professional Law Corporation
Gateway Plaza
m Davis Street, Suite 300
San Leandro, CA 94571
Telephone: (510) 351-4300
Facsimile: (510) 351-4481
Peninsula Office
1220 Howard Avenue, Suite 250
Burlingame, CA 94010-4211
Telephone: (415) 348-7130
Facsimile: (415) 342-0886
Qifford F. Campbell
Michael F. Rodriquez
Kathleen Faubion
Wendy A Roberts
David W. Skinner
Steven T. Mattas
Rick W. JaIVis
Veronica A Nebb
Santa Rosa Office
SSS F'tfth Street, Suite 230
Santa Rosa, CA9S401
(7fY7) 54S-8009
(7fY7) 545-6617 (Fax)
Of counsel:
Andrea J. Saltzman
KEHORAHDUK
Reply to:
San Leandro
TO:
City Council
city of Dublin
DATE: May 12, 1994
FROM:
Elizabeth H. Silver, city Attorney
RE:
Request for Amicus participation
Devita v. County of Napa
The County of Napa has requested the City to J Ol.n in the
amicus brief which will be prepared on behalf of California cities
and counties in Devita v. county of Napa.
An initiative measure was adopted by the voters of Napa County
amending the general plan to protect Napa county's agricultural
lands. The initiative was challenged and the Superior Court held
that it was valid. The Court of Appeal upheld the superior Court's
decision, finding that a general plan may be amended by the
initiative. In so holding, the Court of Appeal found that although
a general plan has traditionally been regarded as a matter of local
concern, "closer examination discloses that it affects a mixture
of statewide and local concerns, with a core of local concerns in
certain areas and dominant statewide concerns in others."
The amicus brief will not take a position on the merits of
planning by initiative but will, instead, argue that general plans
are a matter of local, not statewide, concern.
I believe the issue of local control over general plans is an
important issue for the City and, therefore, recommend that the
. .,...
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DATE:
PAGE:
City Council
Elizabeth H. Silver
Request for Amicus Participation
Devita v. County of Napa
May 12, 1994
2
TO:
FROM:
RE:
Council approval joining in the amicus brief. There is no cost to
the City to join as an amicus.
Very truly yours,
MEYERS, NAVE, RIBACK, SILVER & WILSON
1f)~ 71 .f~
Elizabeth H. silver
EHS:bsf
cc: City Manager
114\memo\Ol\council.ehs