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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman
Subject: Howard Jarvis Taxpayers Assoc. v. City of La Habra --
Authorization to Join Amicus Brief in Support of the City of
La Habra
Dept: CITY ATTORNEY
Date: February 10,2000
ORIGINAL
Synopsis of Previous Council action:
None.
Recommended motion:
Authorize the City of San Bernardino to join amicus brief in support of the City of La Habra.
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Signature
Contact person: Robert L. Simmons
Phone:
5355
Supporting data attached:
Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount: None
Source:
Finance:
Council Notes:
Agenda Item No.-.U
"-/aJbd
STAFF REPORT
Council Meeting Date: Februa'1f 22. 2000
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: February 10, 2000
AGENDA ITEM: Howard Jarvis Taxpayers Assoc. v. City of La Habra -
Authorization to Join Amicus Brief in Support of the City of La
Habra
The City of La Habra is requesting amicus support in the above matter. The issue
is the three year statute of limitations limiting attacks on taxes enacted after Proposition
62. Proposition 62 requires that special taxes be approved by a two-thirds vote of the
people.
There are three options:
1. A three-year statute accruing upon the enactment of the ordinance;
2. A three-year statute accruing upon the date when a case became final and
changed the law; and
3. A new three-year statute accruing each time a tax becomes payable.
In this case, the Court of Appeal applied option number 1.
The courts of Appeal have split. In McBrearty v. City of Brawley, the Court adopted
option number 2.
The third option is being pushed by the Howard Jarvis Taxpayers Association.
The effect of any option other than number 1 is to have a perpetual statute of
limitations.
This brief will argue the need for cities to have a short limitations period to be able
to engage in sound fiscal planning.
There is no charge to the City. Approximately, 80 cities joined at the appellate court
level. CSAC has already joined in this brief.
The issue is important to all governmental entities that levy taxes
The City Attorney recommends that the City of San Bernardino join in the amicus
brief in the California Supreme Court. There is no cost to the City for doing so.