1974 REG MTG MIN JUL 16 - Laserfiche WebLink

Browse Search

Mr. Aceto concluded he feels the City has a problem with their record system. Mr. Huffaker said this is an unfortunate situation, of course, however the City's records show that the notice was definitely mailed out. Mr. Huffaker stated the precedent here is that if Mr. Aceto does not pay the charge for weed abatement, each and every other person charged for this service coulc also refuse to pay. Mr. Huffaker said a possible solution is in finding another source of mailing, such as Registered Mail with a Return Receipt Requested card, which could result in an exorbitant cost because the City sends out approximately 1,500 of these notices. Mr. Aceto again stated that the house on the parcel in question is vacant, however, the yard work has been kept up. Mr. Aceto said the parcel right next door to this one in question also belongs to him, and he has not received a bill for that. Mr. Aceto stated that if he took care of all of the other parcels in town he had received notices on, why would he leave this one. Mr. Huffaker said that basically the City Council has three alternatives: Approve the Appeal, Deny the Appeal, Refer the matter back to Staff for further study. Councilman Hayes stated it would seem the City could work out a better system whereby we can be assured the individuals actually got the notices. After additional discussion among Council members, Councilman Hayes moved that the Appeal of Mr. Joe Aceto regarding Weed Abatement Assessment be denied. Motion seconded by Councilwoman Spragins. Mayor Huntoon asked for a Roll Call Vote: Councilman Hayes - YES Councilwoman Spragins - YES Councilman Rehrer - NO Councilman Gonzales - NO Mayor Huntoon - YES Motion carried. Councilman Gonzales stated that he does agree with Councilman Hayes, in that theCity does need a better form of mailing these notices so that something like this does not occur again. Councilman Hayes moved that the City make a feasibility study regarding a more efficient communi- cation and mailing system Tor the Weed Abatement Program. Motion seconded by Councilman Rehrer. City Attorney Hutton stated that even a letter sent by Registered Mail could be returned, and in no instance does the law say that where notice is prescribed do you have to be sure that notice is received. Mr. Hutton siad this would place an impossible burden of proof upon any agency of the Government to have its jurisdiction predicated upon proof of receipt of notice. Mayor Huntoon asked for a Roll Call Vote: Councilman Hayes - YES Councilwoman Spragins - YES Councilman Rehrer - YES Councilman Gonzales - YES Mayor Huntoon - NO Motion carried. PLANNING COMMISSION REPORTS AND RECOMMENDATIONS: Water Agreement with City of San Bernardino/Division of Highways. Planning Director Williams stated this item concerns a water agreement with the State Division of Highways and the City of San Bernardino, pertaining to the landscaping of the Guthrie Inter- change. Mr. Williams explained the agreement with the State is the standard form agreement which we have for the section through the City of Colton that is already landscaped. Mr. Williams said the Division of Highways will landscape the freeway providing the City of Colton will irrigate the landscaping. Mr. Williams stated the State will provide the irrigation system, planting, and the maintenance for the system. Mr. Williams advised that the City of Colton does not have a water system at the location of the Guthrie Interchange, and Staff has approached the City of San Bernardino regarding an agreement for water. Mr. Williams reported that the cost of the water would be approximately $4,000 per year. Mr. Williams siad that one of the additional costs not anticipated will be a 6 inch water meter, which will have to be purchased from the City of San Bernardino, and this cost will amount to approximately $2,200. City Attorney Hutton stated there are several clauses in the proposed agreement he feels should be brought to the attention of the City Council. 61 J U L I C 1974