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eITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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From: James F. Penman
Subject: RETENTION OF LAW FIRM OF NIELSEN,
MERKSAMER, PARRINELLO, MUELLER &
NAYLOR TO ADVISE CITY ON IMP ACT OF
PROPOSITION 218 ON CITY'S TAXES, FEES,
CHARGES AND ASSESSMENTS
Dept: CITY ATTORNEY
Date: February 14, 1997
ORIGINAL
Synopsis of Previous Council action:
None.
Recommended motion:
Authorize Mayor to sign standard form for legal services with the Law Firm of Nielsen, Merksamer,
Parrinello, Mueller & Naylor for analysis of Proposition 218 impact on City of San Bernardino.
L-;JiL
11 Signature
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Contact person:
JAMES F. PENMAN
Phone:
5255
Supporting data attached: Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount: Not to exceed $10.000
Source: (Acct. No.) 001-051-5503
(Acct. Description) Litillation-Outside Attorneys
Finance:
Council Notes:
;Z/17!97
Agenda Item No. AIJ-3/
75-0261
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STAFF REPORT
Council Meeting Date: February 17.1997
TO:
FROM:
DATE:
AGENDA:
Mayor and commonJcounCiI
James F. Penman 1f
February 14, 1997 ...
RETENTION OF LAW FIRM OF NIELSEN, MERKSAMER, PARRINELLO
& NAYLOR TO ADVISE CITY ON IMPACT OF PROPOSITION 218 ON
CITY'S TAXES, FEES, CHARGES AND ASSESSMENTS.
Proposition 218 will affect individual Cities differently based on each City's
involvements with and types of taxes, fees, charges and assessments.
The City Attorney's office has studied Proposition 218 and attended the League of
California Cities session on Proposition 218 held in Burbank on January 15, 1997. We
have advised the Mayor and City staff on our conclusions.
There is no body of law on this measure because no lawsuits pertaining to
Proposition 218 have been completed. Until a body of case law develops, some of what
cities do in response to Proposition 218 will result in litigation.
Since the City of San Bernardino has a number of assessment districts and has a
Utility Tax, Business Registration Fee, Sewer Impact Fee as well as other revenue
producing mechanisms and because the consequences of this measure are so serious,
it is prudent to retain the services of a law firm that specializes in government and tax
matters.
On February 6, 1997, on the recommendation of the City Attorney, Mayor Tom
Minor directed that the firm of Nielsen, Merksamer, Parrinello, Mueller & Naylor be retained
to review the City's situation and advise the City on the impact of Proposition 218.
It is recommended that the Council ratify the Mayor's February 6 decision.
The City Attorney further recommends that no more than $10,000 be spent on this
project without further approval of the City Council.