HomeMy WebLinkAboutAgenda Report - June 7, 2000 E-18CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Request to Join in Amicus Brief to be filed by the City of
San Francisco in the Supreme Court review of Friends of
Sierra Madre, et al. v. City of Sierra Madre et al.
MEETING DATE: June 7, 2000
PREPARED BY: Deputy City Attorney
RECOMMENDATION: The City join the Amicus Brief.
BACKGROUND: In Sierra Madre, the Second District Court of Appeal (Los Angeles)
held that city council sponsored initiatives must undergo review
under the California Environmental Quality Act (CEQA) before being
submitted to the voters for approval. This despite that fact that the CEQA guidelines, 14 Cal. Code Regs.
§§1500 et seq., expressly exclude the "submittal of proposals to a vote of the people of the state or a
particular community" from CEQA review. The Appellate court held that the above quoted exception only
applies to citizen (not council) sponsored initiatives.
If the Second District's decision stands it will severely undermine the ability of city councils to place counter
initiatives on the ballet. Because citizen sponsored initiatives do not require CEQA review and because
CEQA review often takes months, council could not float an initiative in time to meet and challenge an ill-
conceived citizen sponsored initiative.
In addition, the ruling would call into question a number of projects that were approved by way of council
sponsored initiatives without first undergoing CEQA review.
Finally, since many such initiatives fail, it makes little sense to require CEQA review of an initiative until the
voters have approved one.
The San Francisco City Attorney's office will submit an amicus brief supporting the City of Sierra Madre's
request that the Supreme Court overturn the Second District's decision on the above grounds and requests
that we join in that brief. There is no cost to join the amicus brief.
FUNDING: Not applicable.
Respectfully submitted,
D. Stepheih Schwabauer, Deputy City A orney
APPROVED:
H. D' on Flynn -- City Manager