HomeMy WebLinkAboutAgenda Report - June 7, 1995 (67)r OF
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Request that City Join Amicus Briefs for Various Pending
Cases involving Issues of Concern to the City.
MEETING DATE: June 07, 1995
PREPARED BY: Deputy City Attorney
RECOMMENDATION: That the city join amicus briefs for various pending cases
with issues of concern to the city which include:
• Ehrlich v. Culver City:
• California Beverage Retailers v. Oakland:
• Loder v. Glendale.
BACKGROUND: For purposes of information, amicus curiae briefs are filed in
various actions which involve matters of wide ranging
concern to provide information and additional argument to
the court.
Below is a brief overview of the cases the Council may wish to consider joining as amicus curiae:
Ehrlich v. Culver City: The controversy in this case surrounds the validity of the city's art -in -
public -places program as well as a recreational facilities mitigation fee. The case has been
decided in the city's favor, but is on review to the California Supreme Court.
One of the issues presented is the constitutional standard by which these types of non -
confiscatory exactions should be judged. The plaintiff wishes the court to apply the standard set
out in Dolan v. City of Tigard. In Dolan the court held that exactions of property as conditions
of development must be closely connected to the legitimate state interest sought to be furthered
by the exaction and that the exaction must be roughly proportional in terms of nature and extent
to the impact of the proposed development. The plaintiff in this matter would have the court
extend this holding to fee exactions.
APPROVED:
THOMAS A. PETERSON
City Manager
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CITY OF LODI
COUNCIL COMMUNICATION
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• California Beverage Retailers v. City of Oakland: This is a challenge to the city's authority to
impose public nuisance related standards on existing alcoholic beverage retailers. The city also
imposed a fee to fund enforcement efforts.
The retailers have challenged the ordinances in several respects. Currently before the court is
the issue of whether state law relating to alcoholic beverages preempts the city's efforts. The
city's position is that this scheme regulates conduct of patrons and proprietors and not the sale
of alcoholic beverages per se.
• Loder v. City of Glendale: This case involves the validity of the city's pre-employment and
pre -promotion drug and alcohol testing program. The city's policy provides for testing for every
city position on the theory that each and every city employee affects the public health, safety,
welfare, morals or fisc. The city did not prevail at the Court of Appeal and the matter is before
the California Supreme Court.
The Court of Appeal had held that testing was only appropriate with respect to those positions
whose duties involve "some special and obvious physical or ethical demand" and a compromise
of the employee's ability to meet such demands could have an "immediate disastrous
consequence" on the public safety or security. This is a very narrow standard.
FUNDING: Not applicable.
Respectfully submitted,
ohn A 1&6berke
Deputy City Attorney
APPROVED:
THOMAS A. PETERSON
City Manager
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