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<br />iA.3 <br /> <br />LEGAL ADVOCACY FRIEND-OF-THE-COURT FILINGS <br /> <br />Learn more about League friend-of-the-court for an environmental impact report. As a result <br />action in appellate cases affecting California cities. the city prepared a mitigated negative declaration <br />A brief summary of the case and thanks to volun- rather than an environmental impact report. <br />teer writers appear below. <br /> <br />Use of Subpoena to Enforce Transient Tax <br /> <br />Ordinance <br /> <br />The League requested that the court of appeal <br />publish a case that provides helpful authority to <br />cities regarding the broad scope of the subpoena <br />power cities have available to them to carry out <br />their functions. The case was published on <br />December 3, and the League thanks Jone Hous- <br />ton, City Attorney, Los Altos, for writing the letter <br />brief on behalf ofthe League. <br /> <br />The case involves a challenge to the legislative <br />subpoena power relating to a transient occupancy <br />tax (TOT) ordinance. The trial court upheld both <br />the ordinance and the subpoena, and the court of <br />appeal agreed concluding that a city council's <br />subpoena power is broad to include the investiga- <br />tion and enforcement of tax measures, such as <br />the TOT ordinance. <br /> <br />The name of the case is City of Vacaville v. <br />Pitamber, No. A 104634, (1st Dist. Nov. 8, 2004). <br /> <br />Neighbors and Lay Opinions on Aesthetic <br />Environmental Impact and CEQA <br /> <br />The League filed a letter opposing <br />depublication of a favorable and published opinion <br />to cities that involves how significant effects on the <br />environment are ascertained under the California <br />Environmental Quality Act (CEQA), and what <br />constitutes a significant aesthetic effect on the <br />environment in an urban infill context. The League <br />thanks Kate Stacey, Deputy City Attorney, City <br />and County of San Francisco, for writing the <br />letter on behalf ofthe League. <br /> <br />The court of appeal concluded that neighbors' <br />testimony and lay opinions about aesthetics and <br />hazardous materials did not constitute substantial <br />evidence under CEQA sufficient to trigger the need <br /> <br />The name of the case is Case Name: Bow- <br />man v. City of Berlce/ey, 122 CaLApp.4th 572,18 <br />CaLRptr.3d 814, (1st Dist. Sep. 20, 2004). <br /> <br />Copies of recent filings are available at: <br />www.cacities.ora/recentfilinas. <br /> <br />Following guideline changes relating to the <br />League's friend-of-the-court participation that were <br />adopted in 2002, typically briefs are filed on behalf <br />of the League rather than on behalf of joining <br />cities. <br /> <br />To request League amicus assistance visit: <br />www.cacities.ora/reauestamicus. <br /> <br />For more information about the League's Legal <br />Advocacy Program visit: www.cacities.ora/ <br />leaaladvocacv <br /> <br />LET THE LEAGUE'S CALENDAR <br />RESOURCE HELP YOU PLAN YOUR <br />BUDGET FOR MEETINGS AND <br />TRAINING IN 2005 <br /> <br />Visit the League's website <br />vv3yw,caçjtjeS,QIgLed for a complete <br />schedule of upcoming meetings. View <br />dates, locations and pricing information <br />up to a year in advance. Not only can you <br />register online or view the current pro- <br />gram or outline for these meetings, you <br />can use this information to help plan <br />your meeting schedule and budget ex- <br />penses for the upcoming year. New 2005 <br />meeting information is currently avail- <br />able and continuously updated. <br /> <br />PRIORITY FOCUSIPAGE 3 <br /> <br />Visit the League's Official Web Siteuwww.cacities.org <br />