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HomeMy WebLinkAboutAAS1-City Attorney eITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION I ." 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 (/ 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 -' . 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.