2002 AGN NOV 19 I09 - Laserfiche WebLink

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courts and public entities within the Ninth Circuit's jurisdiction. In addition, because it is the only case on this issue, it constitutes persuasive authority throughout the United States. The City of Sacramento will petition the United States Supreme Court to review the matter and reverse the Ninth Circuit's decision. Sacramento has requested all California cities to provide amicus support in both submitting the petition and, if it is accepted by the Court, with the brief that will be filed on the merits of the case. We believe that the success of Sacramento's petition and amicus brief will be of tremendous importance to the City of Colton and all other cities in California. The deadline to join the amicus effort was November 15th. Normally staff would have presented this item to the Council on November 5th for authorization to join as an amicus curiae. However, due to the November 5th election and the ensuing time constraints for the Council meeting, staff felt it was prudent to keep the agenda as short as possible. Staff also anticipated that the City Council would approve authorization to join the Sacramento amicus effort, since this issue is important to Colton. Therefore, staff authorized the City Attorney to join the amicus effort on behalf of Colton in order to meet the November 15th deadline. In consideration of the circumstances of the amicus request and the importance of the issue, staff urges the City Council to ratify the City's joinder as an amicus curiae in the matter of Barden v. City of Sacramento. ALTERNATIVES: Ratify the City's joinder as a supporter of the amicus curiae brief in the matter of Barden v. City of Sacramento. 2. Take no action. FINANCIAL IMPACT: None. ENVIRONMENTAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council ratify the City's joinder in the amicus curiae brief. RVPUB\NGS\642700