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CITY OF SAN BER~RDINO - REQUEST ())R COUNCIL ACTION
From:
James F. Penman
Subject: Incorporation of Legal Costs into
Fees, Charges and Assessments
Dept:
City Attorney
Date: September 28, 1992
Synopsis of Previous Council action:
Adoption of various fees, charges and assessments.
Recommended motion:
Refer to Ways and Means.
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Contact person: Dennis A. Barlow
Supporting data attached: None
Phone: x5255
Ward: All
FUNDING REQUIREMENTS:
Amount:
Source: (Acct, No,)
(Acct, Description)
Finance:
Council Notes:
75..0262
Agenda Item NO.~
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CITY OF SAN BERORDINO - REQUEST())R COUNCIL ACTION
STAFF REPORT
The City Attorney is required by Charter to provide legal
services to the various City departments and agencies and has no
authori ty to charge for such services unless authorized by the
Mayor and Common Council.
In light of the ongoing budget difficulties of the City, the
City Attorney, along with other City departments, is reviewing ways
to provide additional monies to the City's General Fund.
The City Attorney provides a limited amount of review and
analysis for the initial establishment of the special assessment
districts and for the annual assessments. To our knowledge, the
time of the City Attorney's Office has not been factored into these
assessment costs.
Similarly, other departments which charge fees to the public
(e.g., Planning & Building Services and Refuse) have not included
legal costs into those fees.
Were the City Attorney to charge time costs to these funds as
it does to the Economic Development Agency, it would require
careful and detailed time records to be kept by the attorneys in
the office providing those functions. Although we are keeping some
time records now, unless the Mayor and Council make the policy
decision to do so, we do not plan to go to the expense of keeping
such detailed records, unless they would have a specific use.
Currently, the Water Department already transfers a fixed
amount to the City's General Fund in payment for the services it
receives from the other departments. By Charter, this is limited
to 10 percent (10%) per month.
It is recommended that this matter be referred to Ways and
Means Committee to consider the policy issues involved.
DAB/bg IStaff.Rpt)
n-0264