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REQUEST FOR COUNCIL ACTION

Meeting Date: March 14, 2000

ORIGINATING

DEPARTMENT

City Attorney

AGENDA ITEM

Authorize City Attorney to join amicus brief in Apartment Association of Los Angeles v. City of Los Angeles

CITY MANAGER’S

APPROVAL

 

PREVIOUS ACTIONS: None

RECOMMENDED COUNCIL ACTION: Authorize City Attorney to join amicus brief in Apartment Association of Los Angeles v. City of Los Angeles

COMMENTS:. The Executive Committee of the League of California Cities Legal Advocacy Committee has asked that Brentwood join other cities in participating as amici in a brief being prepared by the San Jose City Attorney’s Office in the above referenced case before the California Supreme Court interpreting Proposition 218.

The case concerns a challenge to the City of Los Angeles’s annual residential rental inspection fee used to defray the regular inspection costs of multi-family rental properties. The City used the fees to seek compliance with building and safety codes. Howard Jarvis Taxpayer’s Association and other organizations filed suit claiming the inspection fee was a property related service fee that required Proposition 218 compliance. The City won at the trial court based on the court’s finding that the inspection fee was not a property related fee as it was not imposed by virtue of property ownership, but rather was a regulatory fee imposed pursuant to the City’s police power. The Court of Appeal reversed the trial court’s decision and found that the inspection fee was a user fee or a charge for a property related service, as such subject to Proposition 218.

The Supreme Court has taken the case for its review. As Brentwood may desire in the future to adopt a similar inspection program, it is in the city’s interests to support Los Angeles in this case.

RECOMMENDED ACTION: Authorize the City Attorney to add Brentwood to the amicus brief in the above referenced case.

City Administration
City of Brentwood City Council
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