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HomeMy WebLinkAboutAgenda Report - August 21, 2002 E-09WCITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Request to Join in Amicus Brief in the case of Richmond v. Shasta Community Services District, California Supreme Court No. S107689 MEETING DATE: August 21, 2002 PREPARED BY: Randall A. Hays, City Attorney RECOMMENDATION: That the City join the Amicus Brief in the case of Richmond v. Shasta Community Services District. BACKGROUND: Amicus Briefs are filed in various actions, which involves 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. In this case the District had imposed a Water Connection Fee to fund certain capital improvements necessary to expand the District's facilities for new users. This fee was imposed as a condition of development. The fee had three components. The fire suppression charge and the water connection charge were challenged. The case involves the following issues of importance to all California cities. First, the meaning of the development fee exemption found in Proposition 218, secondly, the application of Proposition 218 to water connection fees, and thirdly, the types of assessments that are covered by Proposition 218 and lastly the application of Proposition 218 to fees adopted prior to July 1, 1997 that have never been extended or increased since that date. Having the California Supreme Court address these issues is important for cities and districts in California in order to further the understanding of exactly to what Proposition 218 applies. This particular case represents one which is not only of interest to districts but is of interest as well to cities and others. The County Counsel's Association, the Association of California Water Agencies and the California Special Districts Association have agreed to join in the Amicus Brief to be presented to the Supreme Court. Funding: Not applicable. Respectfully submitted, Ay Ra all A. Hays, City At ney ------------- L2...�.