2010 Council Goals and Strategic Plan | City
Council Members | Calendar
of Events | Elections
CITY COUNCIL AGENDA ITEM NO. 12
June 13, 2000
Attorney to add the City to an amicus brief in County
Sonoma, et al. v. California Department of Finance, et al.
Jon Elam, City
the City Attorney to add the City of Brentwood’s name to an amicus
brief in County of Sonoma, et
al. v. California Department of Finance, et al. concerning
an appeal of a trial court’s decision that the Education Revenue Augmentation
Fund (“ERAF”) legislation violated the State Constitution that requires
the state to reimburse public agencies for state mandates.
The State passed legislation in 1992-93 authorizing a property tax revenue shift from public agencies to the state. This action caused a shifting of traditional local public agency revenue, property tax, to the state and thereby local public agencies sustained a large revenue loss.
The County of Sonoma filed an action claiming that the State legislation authorizing the ERAF property tax shift constituted a reimbursable state mandate under Section XIII B 6 of the California Constitution. The County argued that the California Constitution requires state government to pay for programs and services for which it is responsible under our Constitution and/or state law. The property tax shift completed by the ERAF legislation is therefore a reimbursable state mandate.
trial court ruled in favor of the County of Sonoma and the State has appealed
the decision to the First Circuit Court of Appeal. The County has asked the League of California Cities
to coordinate an amicus brief
to be filed on behalf of the cities which authorize participation in the
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
Fax (925) 516-5441