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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Dept: CITY ATTORNEY l.
Date: June 13, 2002
Subject: Ratification of the Mayor's decision to
retain the law firm of Lewis, D'Amato,
Brisbois & Bisgaard to render legal advice to
the Mayor and Common Council on the
.... applicability of Proposition 218 to the
proposed annexation ofthree County islands
located generally east of Central Avenue, north
of Atlantic Avenue (Agenda Item #23) and to
render legal advice on the proposed agreement
with O'Reilly Public Relations to provide
Community Outreach Services relating to the
annexation of three county islands (Agenda
Item #28).
Synopsis of Previous Council Action:
None.
Recommended motion:
That the Mayor's decision to retain the law firm of Lewis, D'Amato, Brisbois & Bisgaard to render legal advice
to the Mayor and Common Council on the applicability of Proposition 218 to the proposed annexation ofthree
County islands located generally east of Central Avenue, north of Atlantic Avenue (Agenda Item #23) and to
render legal advice on the proposed agreement with O'Reilly Public Relations to provide Community Outreach
Services relating to the annexation ofthree county islands (Agenda Item #28) at a cost to the City of not to
exceed $2,500 is hereby ratified.
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Signature
Contact person:
James F. Penman
Phone:
5255
Supporting data attached:
Staff Report
Ward:
FUNDING REQUIREMENTS:
Amount: Not to exceed $2.500
Source: 001-092-5503. from 001-092-5502
Finance:
Council Notes:
Agenda Item No. S-I
TO:
FROM:
DATE:
AGENDA:
STAFF REPORT
Council Meeting Date: June 17. 2002
Mayor and Common Council
City Attorney's Office
June 13, 2002
SI -- Ratification of the Mayor's decision to retain the law firm of Lewis,
D' Amato, Brisbois & Bisgaard to render legal advice to the Mayor and
Common Council on the applicability of Proposition 218 to the proposed
annexation of three County islands located generally east of Central A ve-
nue, north of Atlantic Avenue (Agenda Item #23) and to render legal ad-
vice on the proposed agreement with O'Reilly Public Relations to provide
Community Outreach Services relating to the annexation of three county
islands (Agenda Item #28).
At the May 23, 2002 Legislative Review Committee meeting, a verbal request was made by
the Committee to the City Attorney's office for an opinion as to the application of Proposition 218
to the proposed annexation of three County islands located generally east of Central A venue, north
of Atlantic Avenue, with a specific reference to the City's Utility Users Tax. Even if the request had
not been made, the Mayor and Common Council needs to receive legal advice on this topic in order
to proceed in a proper manner. The proposed annexation subject is Agenda Item #23 for the June
17, 2002 meeting, with Agenda Item #28 being a related matter concerning a proposed agreement
with O'Reilly Public Relations to provide Community Outreach Services relating to said annexation.
A review of the geographic region proposed to be annexed reveals that the spouse of the City .
Attorney owns a house in one of the subject County islands. As a result of this fact, the California
Fair Political Practices Commission (FPPC) has determined that the City Attorney has an economic
interest in real property that is directly involved in a govemmental decision and that such economic
interest is material. As such, the FPPC verbally opined that the City Attorney has a conflict of
interest and must recuse himself from rendering advice on the proposed annexation and related
matter.
Accordingly, the law firm who acts as Economic Development Agency Special Counsel,
Lewis, D'Amato, Brisbois & Bisgaard, was retained to provide legal advice to the Mayor and
Common Council relative to Agenda Item #23 and Agenda Item #28.
It is requested that the Mayor's decision to retain said law firm to provide such legal advice
be ratified by adopting the proposed floor motion.
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RECEIVED.-CITY CLERK
P5:02
JAMES F. PENMAN
CITY ATTORNEY
TO:
Mayor Judith Valles
FROM:
James F. Penman
City Attorney
DATE:
June 13, 2002
RE:
City Attorney Conflict on Agenda Items No. 23 and 28
This is to confirm our discussion of this date. I advised you that I had a conflict on the
June 17, 2002 agenda, specifically items No. 23 (annexation of three county islands) and
No. 28 (the agreement with O'Reilly Public Relations regarding the annexation of three
county islands.)
I recommended that the Mayor and Common Council hire outside legal counsel to render
legal advice on these two items and consent to them doing so pursuant to San Bernardino
City Charter, Section 241. You directed me to turn over any and all relevant information
to Attorney Tim Sabo and that has been done.
Respectfully submitted,
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City Attorney
cc: City Council Members
vCity Clerk
City Treasurer
City Administrator
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300 NORTH "D" STREET' SAN BERNARDINO, CA 92418-0001 . (909) 384-5355' FAX (9091 384-5238