HomeMy WebLinkAboutItem 8.1 Amicus Brief (2) CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 10, 1992
SUBJECT: Amicus Brief - Sacramento County Board of
Supervisors vs. Sacramento Local Agency
Formation Commission
Report by Elizabeth Silver, City Attorney
EXHIBITS ATTACHED: None
RECOMMENDATION::' % City join as an "amicus" in this case
FINANCIAL STATEMENT: No cost to the City for such participation
DESCRIPTION: In the Sacramento County Board of Supervisors vs.
Sacramento Local Agency Formation Commission, the Court of Appeal held
that the provision of the Cortese-Knox Act that requires a vote of the
electorate only in the area to be incorporated was unconstitutional as
applied to the proposed incorporation of Citrus Heights. The Court
reasoned that an election in all of Sacramento County was required
because the incorporation of Citrus Heights could have a "significant
effect" on the unincorporated area of the county. The California
Supreme Court has accepted the case for hearing.
The League of California Cities Legal Advocacy Committee has suggested
that cities join in the "amicus curiae" brief to be written in support
of the appellants and has asked other cities to join. Because this
decision would make it very difficult for new cities to incorporate in
the future and because the rationale of the decision could possibly be
extended to annexations, thus requiring a vote of the entire county
for an annexation to be approved, Staff recommends that the City join
as an "amicus" in this case. There will be no cost to the City for
such participation.
X RAF, 6020-2O
COPIES TO: 1 CITY CLERK
ITEM NO. Ad, FILE NCO a