Diamond Bar Asks Legislative Bailout

City officials, barred by a technicality in state law from collecting $1.2 million in property taxes, have asked Assemblyman Charles Bader (R-Ontario) to sponsor a bill that would help bail out their newly incorporated city.

Council members are pushing for legislation requiring county governments to provide services until new cities are legally allowed to collect property taxes.

Los Angeles County legal advisers last month refused to exempt Diamond Bar from a state law that says cities incorporating after Jan. 1 are not entitled to collect property taxes until the next fiscal year. Because Diamond Bar became a city in April, 1989, it cannot begin collecting property taxes until this July. Meanwhile, the city must provide municipal services.

Thus, Diamond Bar officials are preparing to take on the county, preferably through legislation sponsored by Bader or another lawmaker. Failing at that, the city might sue the county.

“There could be a friendly lawsuit asking the court to rectify the situation,” Mayor Phyllis Papen said. “It’s an option. But . . . I’d rather not use that option.”

Councilman Gary Werner agreed that litigation is possible, but “only if our legal analysis shows that we have a strong legal standing.”

Papen has called the county’s position unconstitutional and “an injustice to the city of Diamond Bar.” County legal officials did not respond Tuesday to phone calls.

Bader said he may sponsor the legislation but will have to discuss the issue first with another assemblyman, Frank Hill (R-Whittier), whose district includes most of Diamond Bar. Bader represents part of neighboring Pomona, as well as several cities in San Bernardino County.

“I’ve received correspondence from an attorney representing the city,” he said. “But my district doesn’t include Diamond Bar. I need to talk to Frank Hill and find out if he’s interested.

“From what little I understand of it (the city’s tax problem), it does seem like an injustice,” Bader added. “If they want my help, I’d be happy to, but I’m certainly not going to do anything to alienate the help and support of their elected official.”

Hill could not be reached Wednesday for comment.

Councilman Gary Miller, who is running against Hill in a special election to fill a state Senate seat vacated by the resignation of William Campbell (R-Hacienda Heights), said Tuesday that “it makes sense” to ask Bader, rather than Hill, to carry the legislation.

“Bader’s a neutral party,” Miller said. “He’s not involved in any Senate races. It’s the most appropriate way to resolve the problem.”

Diamond Bar officials previously approached Hill to seek his help in ironing out another wrinkle of their incorporation: State law mandated one-year terms for three council members who thought they had been elected for two years. Hill promised to look into the possibility of introducing a bill to extend the terms but said he would not do so if Miller decided to run against him for the state Senate.

Then, after criticism of that condition, Hill dropped the idea altogether.

Councilman John Forbing said the council approached Bader instead of Hill this time because Bader sits on the Assembly’s Revenue and Taxation Committee.

“It wouldn’t have anything to do with bypassing Frank,” he said. “I’m sure Frank will support us.”