1997 MIN FEB 04 - Laserfiche WebLink

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At 8:30 p.m., Mayor Gaytan declared the meeting adjourned to Closed Session and at 8:50 p.m., meeting reconvened with all Members present as heretofore. City Attorney Biggs stated that the City Council did meet in Closed Session regarding one matter of significant exposure to litigation and declared that there was no reportable action. City Attorney Biggs stated that the City Council did meet in Closed Session pursuant to Goverriment Code §54956.9(b) regarding the following matter of pending litigation: Anderson v. City of Colton and declared that there was no reportable action. Rescission of Ratification of Planning Commission Appointment for District 5 (continued) Motion/second by CM Sandoval/Cook to rescind the ratification of the appointment (James Ott), for District 5, to the Planning Commission. Motion carried with CM Chastain/Bennett voting "NO." San Timoteo CanyQn Special Assessment District Steve Anderson, Colton resident, spoke in support of withdrawing from the San Timoteo Canyon Special Assessment District. City Attorney Biggs referred to a memo that was sent to Council regarding Prop 218. She informed Council they had a right at any time to rescind any action prospectively but could not be done if it interfered with vested rights that have come into being. In March 1996, the Council approved Resolution R-25-96. It established the City's cooperation with the County and the County's assessment that there was a benefit area within the City, therefore the City is not in the position to rescind that resolution as it was relied on by San Bernardino County, Under Prop 218 the district is not affected because (1) it was in effect prior to November 6, 1996 and (2) it was for water flood control and drainage system. City Attorney Biggs suggested a possible alternative to the citizens affected under Prop 218, would be an initiative process. She found it appropriate that the City give direction and develop an initiative, to be circulated by the citizens affected. Additionally the City Council could adopt a resolution supporting the people who are advocating a natural soft bottom for the project which would delay construction and the imposition of the assessments. She also informed Council that the County is in the process of recalculating some of the assessments as a result of protests by some of the citizens affected. Motion/second by CM Bennett/Sandoval to direct staff to develop a citizen initiative to repeal the San Timoteo Canyon Special Assessment District; a resolution supporting the soft -bottom design; and a resolution to San Bernardino County to reconsider the assessments imposed on the residents. Steven Anderson, Colton resident, requested that a letter be sent to the residents that they are obligated to pay the assessment fees and that an initiative is being prepared. Vote on the Motion: Unanimous vote. 5