HomeMy WebLinkAboutS4- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Subject:
James F. Penman Request to seek leave to file
Dept: an Amicus Curiae Brief in the
City Attorney case of City of Alhambra v.
Date: Ikemoto.
March 16, 1993
Synopsis of Previous Council action:
None
Recommended motion:
Authorize and direct the City Attorney to seek leave of the
California Supreme Court to file an Amicus Curiae Brief in the case
of City of Alhambra v. Ikemoto
Signature
Dennis A. Barlow 5255
Contact person: Phone:
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct No.)
(Acct Description)
Finance:
Council Notes:
75-0262 Agenda Item No.
S-
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The City of Alhambra is requesting support in its original
action filed in the California Supreme Court challenging the
constitutionality of the State' s diversion of property taxes from
cities and redevelopment agencies in the 1992-93 Budget. The case
is entitled City of Alhambra v. Ikemoto, Case No. 5031350.
Attached is a letter from the Mayor of the City of Alhambra
requesting this support.
Rather than write a letter of support as suggested in Mayor
Blanco ' s correspondence, Mayor Holcomb has recommended that the
City seek the right to file an Amicus Curiae (or Friend of the
Court ) Brief to join in arguing these important issues.
75-0264
City of San Bernardino
INTEROFFICE MEMORANDUM
OFFICE OF THE MAYOR
To: James F. Penman, City Attorney
Office of the City Attorney
FROM: Mayor W. R. "Bob" Holcomb
DATE: March 3 , 1993
SUBJECT: City of Alhambra vs. Ikemoto
Case No. S031350
COPIES:
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The enclosed letter from the City of Alhambra requests that we
write to the Supreme Court, requesting that the Court hear the
original writ, challenging the State Budget Legislation which
diverted property taxes from cities and redevelopment agencies.
If appropriate, would you please prepare either a letter or a
resolution for the City Council to adopt in this matter.
Thank you.
L
L
W. R. "Bob" Holcomb, Mayor
WRH: sa
Attachment
ciay of Alhambra -
February 26, 1993
Honorable Mayor & Members of the City Council lija
Note: This Letter is being sent to all cities in ►'•ti�Y
California
OFFICE OF THE MAYOR
Dear Mayor & Councilmembers: TIME:
�• On February 24, the City of Alhambra and the Alhambra Redevelopment
Agency filed an Original Writ/Complaint with the California Supreme Court
Galeu,ov challenging the constitutionality of the FY 92/93 State Budget Legisla-
rolbe
San Gabriel 1allev tion which diverted property Y taxes from cities and redevelopment agencies
to replace the State's constitutional obligation to fund public educa-
tion. The case is entitled City of Alhambra v. Ikemoto, Case No.
x031350.
111
Soutb First Street The lawsuit, as it relates to cities, is based upon the constitutional
Albambra provisions which prohibit the State from using city property tax to fund
California state obligations. In particular, the case is designed to reaffirm the
91801
Hare Rule powers of a city under Article XI of the State Constitution to
receive and control local tax revenues. The lawsuit asserts that
property taxes are local taxes which may not be used for non-local
purposes.
The argument with regard to redevelopment agencies is that Article XVI
section 16 of the State Constitution prohibits the use of tax increment
funds generated by redevelopment areas for any use other than the direct
benefit of the redevelopment area from which the tax is generated.
This action also challenges the State's ability to preempt local taxes on
tobacco. The power of a city to impose local taxes has long been one of
the fundamental tenets of the Home Rule Doctrine and is supported by
extensive case law. We argue that there is no statewide interest served
by prohibiting local taxation on tobacco.
We urge all cities to write a letter to the Supreme Court requesting that
the Court hear this matter. Since the Court may decide whether or not to
hear this case in a short period of time, the letter should be sent imme-
diately. We believe that the preservation of property tax revenue as
local revenue, which this case seeks to establish, is a crucial issue to
all cities.
Any questions, please contact Julio J. Fuentes, City Manager, at (818)
570-5010, or Leland C. Dolley, City Attorney, at (213) 236-2711.
Sincerely,
CITY OF AIUMBRA
MICHAEL A. BIANCO
MAYOR
�,printed on recycled paper