Item 9 Staff Report Request for Amicus Participation in San Jose Christian College v. City of Morgan Hill, Ninth Circuit Court of Appeals, Case Number 02-15693, at No Cost to the TownMEETING DATE: 11/04/02
ITEM NO.
COUNCIL AGENDA REPORT
DATE: October 30, 2002
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEYG'-
SUBJECT: REQUEST FOR AMICUS PARTICIPATION IN SAN JOSE CHRISTIAN
COLLEGE v. CITY OF MORGAN HILL, NINTH CIRCUIT COURT OF
APPEALS, CASE NUMBER 02-15693, AT NO COST TO THE TOWN
RECOMMENDATION:
Authorize the Town Attorney to include the Town of Los Gatos as an amicus curiae in the case of
San Jose Christian College v. City of Morgan Hill, case number 02-15693, at no cost to the Town.
BACKGROUND:
The League of California Cities is urging cities to join an amicus curiae brief in the San Jose
Christian College v. City of Morgan Hill case, which raises fundamental planning issues that effect
all cities.
San Jose Christian College ("SJCC") acquired property from a former hospital in the City of Morgan
Hill "on spec," intending to use the site for a college campus, and applied to the City to re -zone the
property. The City denied the application concluding that re -zoning was inappropriate because it
included the only property in the City zoned for hospital use and also because SJCC failed to comply
with CEQA requirements.
SJCC filed in U.S. District Court challenging the City's zoning ordinance and the denial of the re-
zoning application under the Free Exercise of Religion Clause of the First Amendment of the U.S.
Constitution, and the Religious Land Use and Institutionalized Persons Act ("RLUIPA"). The Court
entered summary judgment for the City and found that SJCC failed to demonstrate the denial of the
application placed a substantial burden on the religious exercise, as required by RLUIPA.
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY
OPK:LMB/wp[N:1ATY\SanloseChnstian.AMLTCR.wpd]
Reviewed by:
Rev: 10/30/02 :00
Reformatted: 7/19/99
anager
Clerk Finance Community Development
File# 301-05
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: REQUEST FOR AMICUS PARTICIPATION IN SAN JOSE CHRISTIAN
COLLEGE v. CITY OF MORGAN HILL, NINTH CIRCUIT COURT OF
APPEALS, CASE NUMBER 02-15693, AT NO COST TO THE TOWN
October 28, 2002
In an effort to uphold the decision the amicus brief will emphasize that RLUIP is intended to prevent
discrimination against religious expression and institutions, not to exempt religious institutions from
neutral land use regulations or environmental regulations under CEQA. Further, that interpreting
RLUIPA to forbid any zoning or land use restrictions on religious institutions would strip local
governments and planning commissions to engage in their historic power to reasonably regulate land
use for public welfare.
Attachments: Letter from Amy Greyson, Esq. Dated October 17, 2002
Distribution:
Amy Greyson, Esq., 355 South Grand Avenue, 40`h Floor, Los Angeles, CA 90071-3101
RICHARD RICHARDS
(1916-1988)
GLENN R. WATSON
ERWIN E. ADLER
DAROLO D. PIEPER
STEVEN L DORSEY
WILLIAM L STRAUSZ
MITCHELL E. ABBOTT
GREGORY W. STEPANICICH
ROCHELLE BROWNE
WILLIAM B. RUDELL
QUINN M. BARROW
CAROL W. LYNCH
GREGORY M. KUNERT
THOMAS M. IIMBO
ROBERT C. CECCON
STEVEN H. KAUFMANN
GARY E. GANS
JOHN 1. HARRIS
KEVIN G. ENNIS
ROBIN D. HARRIS
MICHAEL ESTRADA
LAURENCE S. WIENER
STEVEN R. ORR
B. TILDEN KIM
SASKIA T. ASAMURA
KAYSER O. SUME
PETER M. THORSON
JAMES L MARKMAN
CRAIG A. STEELE
T. PETER PIERCE
TERENCE R. BOGA
USA BOND
JANET E. COLESON
AMY GREYSON
DEBORAH R. HAKMAN
WILLIAM P. CURLEY III
D. CRAIG FOX
ROXANNE M. DIAZ
ELANA A. LUBER
CHANDRA GEHRI SPENCER
ROBERT H. PITTMAN
ROY A. CLARKE
ERIC M. ALDERETE
MICHAEL F. YOSHIBA
REGINA N. DANNER
PAULA GUTIERREZ BAEZA
PETER K. KIM
TERESA HO•URANO
OWEN P. GROSS
ALEXANDER ABBE
TOM K. ARA
CARRIE H. AHN
EFFIE K. TURNBULL
ERICA KYLE WILUAMS
ELIZABETH A. SULUVAN
MICHAEL P. COYNE
ROBERT WATSON
PATRICK K. BOBKO
MARK E. MANDELL
JUUET E. COX
GEORGE M. YIN
SONALI SARKAR JANDIAL
KELLY A. CASILLAS
DAVID M. SNOW
OF COUNSEL
HARRY L GERSHON
MARK L LAMKEN
SAYRE WEAVER
WILLIAM K. KRAMER
JIM G. GRAYSON
SAN FRANCISCO OFFICE
TELEPHONE 415.421.8484
FACSIMILE 415.421.8486
ORANGE COUNTY OFFICE
TELEPHONE 714.990.0901
FACSIMILE 714.990.6230
INN RICHARDS
W
ATTORNEYS AT LAW —A
355 South Grand Avenue, 4oth Floor,
Telephone 213.626.8484
Orry Korb
Town Attorney
P.O. Box 949
110 E. Main Street
Los Gatos, CA 95030
ATSON
GERSHON
PROFESSIONAL CORPORATION
Los Angeles, California goo71.3101
Facsimile 213.626.0078
October 17, 2002
Re: San Jose Christian College v. City of Morgan Hill
Dear Mr. Korb:
OCT ? D
(OS GAtpsjo 22002
Wy4TrGRNeY
I write to encourage your City to join the amicus curiae brief which I am
preparing to file on behalf of the League of California Cities, in support of the City of
Morgan Hill ("City") in San Jose Christian College v. City of Morgan Hill (Ninth
Circuit Court of Appeals Case No. 02-15693) (appeal from United States District
Court for the Northern District of California Case No. 01-20857).
Appellant San Jose Christian College purchased former hospital property in the
City of Morgan Hill "on spec", intending to use the site for a college campus, and
applied to the City to re -zone the property. The City denied the application for twu
reasons: first, the City concluded that rezoning of the property was inappropriate
because the subject site is the only property in the City currently zoned for hospital
use, and second, San Jose Christian College failed to comply with the requirements of
CEQA.
San Jose Christian College initially filed an action in Superior Court, but
dismissed it to pursue a federal court action San Jose Christian College then filed an
action in U.S. District Court, challenging both the City's zoning ordinance and the
City's denial of the re -zoning application under the Free Exercise of Religion Clause of
the First Amendment of the U.S. Constitution, and the Religious Land Use and
Institutionalized Persons Act (RLUIPA). Under RLUIPA, "no government shall
impose or implement a land use regulation in a manner that imposes a substantial
burden on the religious exercise" of a person, assembly, or institution, unless the
regulation is the least restrictive means of furthering a compelling government
purpose. 42 U.S.C. 2000cc(a)(1).
On March 8, 2002, the District Court entered summary judgment for the City.
The Court held that the City's zoning ordinances are laws of general applicability and
do not need to be justified by a compelling government interest even if they
RICHARDS I WATSON I GERSHON
Orry Korb
October 17, 2002
Page 2
incidentally burden a religion or religious practice, and that a rational basis level of
scrutiny was appropriate. In addition, the Court found that San Jose Christian College
had failed to demonstrate that the denial of their application placed a substantial
burden on their religious exercise as required by RLUIPA. 42 U.S.C. § 2000cc(a)(1).
Quoting from the legislative history of RLUIPA, the court concluded that RLUIPA
"does not provide religious institutions with immunity from land use regulation."
Senate Legislative History, at 27.
The City of Morgan Hill's brief in the Ninth Circuit Court of Appeal, which
will be filed by John Ramirez and Jeffrey T. Melching of Rutan & Tucker, LLP, will
explain in detail why the District Court's ruling should be upheld under the facts. The
amicus brief we are preparing will supplement the City's brief emphasizing that
RLUIPA is intended to prevent discrimination against religious expression and
institutions, not to exempt religious institutions from neutral land use regulations or
environmental regulations under CEQA, and that interpreting RLUIPA to forbid any
zoning or land use restrictions on religious institutions would strip local governments
and planning commissions throughout the State of California to engage in their
historic power to reasonably regulate land use for the public welfare, and make federal
courts in essence "super zoning bodies." An amicus brief will also be filed by the
American Planning Association in support of the City's position.
We will file our application for leave to file an amicus brief, with the amicus
brief attached, no later than Thursday, November 7, 2002. Accordingly, if your City
wishes to add its name in support of the amicus brief, please notify me in writing such
that the notification reaches me no later than Monday, November 5, 2002, by 5:00
p.m. Alternatively, if this timetable is not convenient for your City Council, you may
wish to telephone me, or send an e-mail to me, as late as noon on the filing date, and
send written confirmation thereafter.
Thank you for your time and consideration in this matter. If you have any
questions, please do not hesitate to contact me
Very truly yours,
Amy Greyson
cc: John Ramirez, Esq., Rutan & Tucker, LLP
Jeffrey T. Melching, Esq., Rutan & Tucker, LLP
99904\0228\710129.2
Town Council Minutes November 4, 2002
Redevelopment Agency Los Gatos, California
TREASURER'S REPORT (05.02)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council accept and file informational
report submitted by the Treasurer to the Council for the months ended August 31, 2002 and
September 30, 2002. Carried unanimously.
MINUTES OF OCTOBER 21, 2002 (06.V)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council approve the Minutes of October
21, 2002, Joint Council/Redevelopment Agency Meeting as submitted. Carried unanimously.
DOWNTOWN & LOS GATOS BOULEVARD BANNER PROGRAM (07.31)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council approve the proposed Downtown
and Los Gatos Boulevard Banner Program. Carried unanimously.
AMICUS BRIEF/SAN JOSE CHRISTIAN COLLEGE VS CITY OF MORGAN HILL (09.28)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council authorize the Town Attorney to
include the Town of los Gatos as an amicus curiae in the case of San Jose Christian College vs. the
City of Morgan Hill, Ninth Circuit Court of Appeals, case 02-15693, at no cost to the Town. Carried
unanimously.
HOUSING AND EMERGENCY SHELTER TRUST FUND ACT/RESOLUTION 2002-168 (10.39)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-168
entitled, RESOLUTION OF TOWN OF LOS GATOS SUPPORTING PROPOSITION 46, THE
HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002. Carried
unanimously.
SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS/RESOLUTION 2002-169 (11.36)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-169
entitled, RESOLUTION OF TOWN OF LOS GATOS AUTHORIZING THE CONTINUED
EXPENDITURE OF FUNDS FROM THE SUPPLEMENTAL LAW ENFORCEMENT
SERVICES FUND (SLESF) FOR TWO ADDITIONAL POLICE OFFICERS TO BE
ASSIGNED AS A MOTORCYCLE TRAFFIC OFFICER AND A SCHOOL RESOURCE
OFFICER. Carried unanimously.
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) RESOLUTION 2002-170 (12.39)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-170
entitled, RESOLUTION OF TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE THE FISCAL YEAR 2002-2003 COMMUNITY
DEVELOPMENT BLOCK GRANT CITY -COUNTY CONTRACT BETWEEN THE
COUNTY OF SANTA CLARA AND THE TOWN OF LOS GATOS AND DELEGATING
AUTHORITY TO EXECUTE CONTRACTS FOR FY 2003/04 AND FY 2004/05. Carried
unanimously.
ANNEXATION/SHANNON ROAD #21/16689-16695-16707 & 16717/RESOLUTION 2002-171(13.26)
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-171
entitled, RESOLUTION OF TOWN OF LOS GATOS ORDERING THE REORGANIZATION
OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS SHANNON ROAD #21
(APN'S: 523-06-001, -044, -043 AND -004) TO THE TOWN OF LOS GATOS. Carried
unanimously.
TC: D 13: MM l 10402 2