`JARVIS II' TAX MEASURE FACES LEGAL CHALLENGE.

Byline: Patrick McGreevy Daily News Staff Writer

A day after state voters approved Proposition 218, the tax-limitation measure dubbed ``Jarvis II,'' two Los Angeles City Council members called Wednesday for the city to file a lawsuit to block enactment of the measure on grounds that it is unconstitutional.

Although city officials downplayed the effect of Proposition 218 on the city's ability to raise revenues, council members Jackie Goldberg and Rita Walters submitted a motion to the Council that asks the City Attorney's Office to prepare a legal challenge to the measure.

The motion, which will be considered by the council Friday, charges that Proposition 218 unconstitutionally gives larger property owners more votes in elections to decide whether property assessments should be approved.

``This smacks of a very anti-democratic concept that Americans should abhor,'' Goldberg said. ``Voting means one vote per person, not based on how much money you have.''

However, council members Hal Bernson, Nate Holden and Laura Chick said they would oppose using taxpayer dollars to file a lawsuit challenging a vote of the people.

``I think for the council to move to try to contradict the will of the people as expressed through the democratic process is inappropriate, is not acceptable to me,'' Chick said.

``I would oppose that,'' said Bernson.

Under Proposition 218, government entities would be required to get a majority vote of property owners in a mail-in election to enact property-related fees and assessments that provide general benefits, including those for fire, park, ambulance and library services.

Currently, state law allows government agencies to create assessment districts unless a majority of property owners affected file written protests.

City officials said they have put assessments to votes in the past, and in fact put a parks assessment on Tuesday's ballot.

``I don't know that it changes terribly much because we've pretty much been operating knowing that people want the right to vote on whether they are going to be taxed,'' Chick said.

However, the votes called by the city have been open to all registered voters.

Proposition 218 won approval by 53.16 percent of the state's voters, surprising even Joel Fox, president of the Howard Jarvis Taxpayers Association, which sponsored the measure.

Fox had seen four polls before the election that predicted the measure would fail.

``I think the voters had a gut reaction that they wanted the right to vote on local taxes,'' Fox said.

Under Proposition 218, any government agency wanting to impose an assessment would have to mail ballots to all affected property owners and renters who pay assessments and a majority vote would be required for approval.

Votes in such an election would be weighted based on the amount of tax that would be paid by each property.