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2 <br />THE CITY OF <br />CITY COUNCIL AGENDA REPORT <br />j~L~~AS~4NTONo <br />January 20, 2009 <br />Law Department <br />TITLE: AUTHORIZATION TO JOIN IN AN AMICUS CURIAE BRIEF TO SUPPORT <br />THE CITY OF IRVINE'S EFFORTS TO CHALLENGE ITS REGIONAL <br />HOUSING NEEDS ASSESSMENT <br />SUMMARY <br />The City of Irvine filed suit in Orange County to challenge its Regional Housing Needs <br />Assessment (RHNA). The trial court dismissed the lawsuit on grounds that the court did <br />not have jurisdiction to decide the issue. Irvine has appealed that decision and has <br />requested other cities in the state who have an interest in this issue to join, at no cost, in <br />a friend of the court brief, prepared by the City of Santa Barbara, arguing that the courts <br />do have jurisdiction of this matter. Because Pleasanton may at some time wish to <br />challenge its RHNA, Pleasanton should support Irvine's legal efforts. <br />RECOMMENDATION <br />Authorize the City Attorney to file an application with the Fourth District Court of Appeal <br />to join in the amicus brief in support of Irvine's legal position that the state courts have <br />jurisdiction to decide whether the RHNA process is procedurally and substantively fair to <br />cities. <br />FINANCIAL STATEMENT <br />There will be no cost for the City to join in this effort. <br />