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San Mateo LAFCO authorizes up to $1,200 to join amicus brief in Monterey LAFCO appeal
Summary
The commission authorized staff to contribute up to $1,200 from county attorney funds to support an amicus brief backing Monterey LAFCO in litigation over a denied proposal involving the Monterey Peninsula Water Management District and California American Water Co.
The San Mateo County Local Agency Formation Commission on Sept. 17 authorized staff and counsel to allocate up to $1,200 from county attorney funds to support an amicus brief in pending appellate litigation involving Monterey LAFCO.
Rob, presenting the item, said Monterey LAFCO denied a proposal that would have allowed the Monterey Peninsula Water Management District (MPWMD) to acquire infrastructure operated by California American Water Company through eminent domain. LAFCO staff told the commission that the core legal issue is the standard of review courts apply to LAFCO decisions: staff said Monterey LAFCO relied on the standard set out in Government Code section 56107, which LAFCOs interpret as a substantial-evidence standard, while the trial court applied a different “rational connection” standard. Staff argued that a published appellate decision adopting the lower “rational connection” standard could affect how LAFCOs statewide review proposals.
Rob said San Mateo LAFCO, along with several other county and regional LAFCOs and CALAFCO staff, supports preparing an amicus brief; the group expects to share legal drafting costs estimated at about $1,200 per participating LAFCO. The commission voted to authorize staff time and use of up to $1,200 from county attorney funds to participate in the effort and asked that staff provide periodic updates to the commission on the appeal.
During public comment, Catherine Slater Carter said she supported LAFCO’s decision to join the brief, calling the issue “long and hotly contended” and thanking the commission for its involvement.
The motion to authorize the funds was moved by Commissioner Speer and recorded as carried on a roll-call vote; commissioners voting yes included Commissioner Martin, Commissioner Speer, Commissioner Rueda, Commissioner Yu, Commissioner Rinaldi and Vice Chair Chen Crowley.
