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2000 AGN JUN 20 I16
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2000 AGN JUN 20 I16
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APPROVAL: <br />FROM: <br />SUBJECT: <br />DATE: <br />BACKGROUND: <br />CITY OF COLTON <br />AGENDA REPORT <br />FOR COUNCIL MEETING OF June 20, 2000 <br />Honorable Mayor and City Council <br />Henry T. Garcia, City Manager C.-t� al <br />City Attorney <br />Request for Amicus Curiae Support in County of Sonoma, et al. v. <br />California Department of Finance, et al. <br />June 13, 2000 <br />From time to time, public agencies seek the City, s support as an amicus curiae (a friend <br />of the court). There is no cost to the City to participate as an amicus curiae. The <br />County of Sonoma is seeking support in the case described below which involves the issue <br />of reimbursement of the Education Revenue Augmentation Fund (AERAF@) property tax <br />shift. <br />DISCUSSION/ANALYSIS: <br />The County of Sonoma filed an action against the State Department of Finance claiming <br />that the ERAF property tax shift constituted a reimbursable state mandate under the <br />California Constitution. The trial court in this cased ruled in favor of the County and the <br />State has appealed that decision to the First Circuit Court of Appeal. The amicus brief will <br />support the County, s legal arguments and assert that the California Constitution requires <br />the state to pay for programs and services for which it is responsible. The property tax shift <br />is therefore a reimbursable state mandate. This case is important to all cities because of <br />the potential for reimbursement of property tax revenues. <br />ALTERNATIVES: <br />1. Direct the City Attorney to advise the County of Sonoma to list the City of Colton as <br />a supporter of the amicus curiae brief. <br />2. Take no action. <br />RVPUBWGS\570949 Item #16 <br />
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