1998 MIN OCT 06 - Laserfiche WebLink

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District 4 CM Cook noted an improvement in Downtown Colton, the walkway at La Cadena and H Streets, to be maintained by the Colton Firefighters Union. She said a check for $200,000 will be presented from the Brownsfield Grant to improve the railroad areas, District 5 CM Bennett submitted a list of repairs and concerns in her district: Tree trimming and overgrown weeds in the wash; the guard rail at Cooley Drive; pot holes at Cooley Drive and Cooley Lane; a sink hole on South Cooley Drive and dogs running loose on Pacific Lane. She shared correspondence on the termination of the San Timoteo assessment fees. District 6 CM Grimsby thanked Assistant City Manager Parrish, CM/Public Works Director Hutton and Staff for clean-up work and street improvements done at Rancho Mediterrania. Proposition 62 On request, City Attorney Associate Derleth read a prepared statement regarding the City's position as to the Utility Users Tax and the fact that there was no intention or plan to refund any taxes that were collected pursuant to the ordinance adopted in 1995 and collected between April 1995 and April 1998. He provided background on Proposition 62, which required a majority vote of a City's voters to adopt a general tax. He cited pertinent case law: City of Westminster vs. County of Orange declared Prop 62 unconstitutional and Santa Clara County Local Transportation Agency vs. Guardino, which reversed the lower court decision but did not address the question of utility user taxes adopted in the interim period. He said Proposition 218, required local agencies to reaffirm local general taxes imposed prior to January 1, 1995 and that McGrerdy vs. City ofBrawley, imposed statute of limitations. He concluded that the City of Colton's position was that it enacted the Utility Users Tax in April 1995, in full compliance with the law, applicable at that time. It continued to collect it's tax until April of 1998, in compliance with the law since no Court had ruled the cities were required to retroactively refund such a tax and the time for challenging the City's enactment and collection of this sunseted tax had now passed. Discussion ensued. At Lar2e Mayor Gaytan invited the public to the Concerts at Fleming Park. AGENDA REVIEW: With consensus of Council, Agenda Items Nos. 7 and 8 were pulled for separate vote and Item 17, was made part of Closed Session Item No. A. Agenda Items 11 and 18 were pulled for discussion. Council Mins October 6, 1998 3 7 � __ " � -,- - - - 7, - - _ �, , - -_ , , , - , �1, - - �_�, , �, 1- 11 1-1 1_1- - --1 — - __ " 7 = -77 = � � - — — - _ —7- �- � � �- �- - :- 7-