1999 AGN JUL 20 I16 - Laserfiche WebLink

Browse Search

CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF July 20, 1999 TO: Honorable Mayor and City Council APPROVAL: Henry T. Garcia, City Manager FROM: City Attorney SUBJECT: Request for Amicus Curiae Support in Tahoe -Sierra Preservation Council v. Tahoe Regional Planning Agency DATE: July 20, 1999 BACKGROUND: From time to time, public agencies seek the City's support as an amicus curiae (a friend of the court). There is no cost to the City to participate as an amicus curiae. The Tahoe Regional Planning Agency (TRPA) is seeking support in the case described below which concerns land use issues. DISCUSSIONIANALYSIS: The Tahoe Regional Planning Compact, amended by Congress in 1980, mandated the adoption of a regional plan for the Tahoe Basin. While TRPA was in the process of developing its regional plan, it adopted a moratorium on the development of environmentally sensitive lands. The moratorium was necessary to prevent development in the area from undermining the objectives of the regional plan before it could be enacted and implemented. Property owners challenged the moratorium and the District Court found that the moratorium resulted in a temporary taking. The TRPA's appeal is important to all government agencies involved in land use and natural resource regulation. If the District Court's opinion is upheld, public agencies would be left vulnerable to similar court challenges for adopting planning and development moratoria during the planning process. ALTERNATIVES: 1. Direct the City Attorney to advise the Tahoe Regional Planning Agency to list the City of Colton as a supporter of the amicus curiae brief. 2. Take no action. RVPUB\NGS\520099 Item #16