Item 7 Staff Report Request for Amicus Participation in Morgan v. City of chineo, Court of Appeal, 4th District, case No. E030340 at no Cost to the TownMEETING DATE: 1/21/03
ITEM NO. (7
COUNCIL AGENDA REPORT
DATE: January 16, 2003
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEY0--
SUBJECT: REQUEST FOR AMICUS PARTICIPATION IN MORGAN v. CITY OF
CHINO, COURT OF APPEAL, 4TH DISTRICT, CASE NO. E-030340 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
Morgan v. City of Chino, Court of Appeal, 4`h District, case number E-030340 at no cost to the
Town.
BACKGROUND:
The League of California Cities is urging cities to join an amicus curiae brief in Morgan v. City of
Chino case. The case concerns a mobile home rent control ordinance regulating the ability to
increase rent for capital improvements. Morgan, the owner of a mobile home park, challenged the
City of Chino's rent control ordinance, claiming that a 1991 federal court decision entitles owners
to rent increases for any capital improvement, regardless of the wording of the ordinance. The trial
court agreed.
In an effort to overturn the trial court decision, the amicus brief will focus on two issues: (1) whether
landlords are constitutionally entitled to rent increases for capital improvements, and (2) whether
a city is violating the landlord's substantive due process rights by demanding information
considering the landlord's operating cost and rate of return prior to granting a rent increase. The
answer to these questions is relevant to the Town, which, through its mobile home landlord and
tenant dispute resolution process, regulates rent increases for capital improvements using
information provided by the park owners.
Distribution: Rochelle Brown, Esq., 355 South Grand Avenue, 40th Floor, Los Angeles, CA 90071
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY
OPK:LMB/wp [N:IATYIChino.AMI.TCR.wpd]
Reviewed by: Manager QS 1 Assistant Town Manager Clerk Finance
Community Development
Rev: 1 / 16/03 2:13 pm
Reformatted: 7/19/99
File# 301-05
Town Council Minutes January 21, 2003
Redevelopment Agency Los Gatos, California
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (02.38)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, to accept and file informational report
regarding activity of Planning Commission and Department. Carried unanimously.
RATIFICATION OF PAYROLL/NOVEMBER-DECEMBER 2002 (03.V)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the check registers for the
payroll ofNovember 24, 2002 through December 7, 2002, paid on December 13, 2002, in the amount
of $626,088.24. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/DECEMBER 2002 (04.V)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the accompanying check
registers for accounts payable invoices paid on December 13, 2002, December 20, 2002 and
December 27, 2002 in the amount of $1,054,812.04. Carried unanimously.
MINUTES OF DECEMBER 10, 2002 (05A.V)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council approve the Minutes of
December 10, 2002, Special Closed Session Meeting as submitted. Carried unanimously.
MINUTES OF JANUARY 6, 2003 (05B.V)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council approve the Minutes of
December 16, 2002, Study Session/Library Master Plan as submitted. Carried unanimously.
MINUTES OF JANUARY 6, 2003 (05C.V)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council approve the Minutes of January
6, 2003, Joint Council/Redevelopment Agency Meeting as submitted. Carried unanimously.
AMICUS BRIEF/MORGAN VS. CITY OF CHINO (07.28)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council authorize the Town Attorney
to include the Town of Los Gatos as an amicus curie in the case of Morgan vs. City of Chino, Court
of Appeal, 4th District, case #E-030340 at no cost to the Town. Carried unanimously.
PUBLIC PARKING/SANTA CRUZ 236/SUGARPINE/RESOLUTION 2003-006 (08.34)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-006
entitled, RESOLUTION OF TOWN OF LOS GATOS APPROVING LICENSE AGREEMENT
WITH SUGARPINE LIMITED PARTNERSHIP FOR PUBLIC PARKING AT 236 NORTH
SANTA CRUZ AVENUE AND AUTHORIZING THE TOWN MANAGER TO SIGN THE
LICENSE AGREEMENT. Carried unanimously.
CABLECAST SERVICES/BROADCAST COUNCIL MEETINGS/RESOLUTION 2003-007 (09.42)
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-007
entitled, RESOLUTION OF TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER
TO EXECUTE AN AGREEMENT WITH KCAT-TV TO PROVIDE CABLECASTING
SERVICES TO BROADCAST TOWN COUNCIL MEETINGS ON COMMUNITY ACCESS
CHANNEL 15. Carried unanimously.
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