HomeMy WebLinkAboutAgenda Report - October 7, 1998 (93)AGENDA TITLE: Request that City Join Amicus Brief in the case of Howar
Jarvis Taxpayers Association et al. v. City of San Dieg9,
Fourth District Court of Appeal No. D0313448
MEETING DATE: October 7, 1998
PREPARED BY: City Attorney
RECOMMENDATION: That the City join the amicus brief in the case of Howard
Jarvis Taxpayers Association et al. v. Qy of San Diego,
Fourth District Court of Appeal No. D0313448
BACKGROUND: Amicus briefs are filed in various actions which involve matters of
wide ranging concern to provide information and additional
argument to the court in order to assist the court in understanding
all of the issues and arrive at a conclusion.
This case involves an important issue related to the City's ability to utilize the Parking and Business
Improvement Area law of 1989 to establish business improvement areas as the City recently did for the
Downtown and Cherokee Lane areas. In this case the City of San Diego is having the formation of a
business improvement area challenged by the Howard Jarvis Taxpayers Association. The District that is
being challenged was formed in 1997. The San Diego County Superior Court granted a summary
judgment in favor of the City. The decision has been appealed to the Fourth Appellate District of the Court
of Appeal. The Howard Jarvis Taxpayers Association is seeking to expand the scope of the provisions of
Proposition 218 by this appeal. It is of common interest to all cities in having the Court of Appeal reject
such an attempt.
FUNDING: Not applicable.
Respectfully submitted,
Q
Randall A. Hays, tity Attorney
APPROVED:
H. D' on Flynn — City Manager