1999 DEC 07 REG MIN - Laserfiche WebLink

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moving forward before this Council's next meeting and that she was apprised of this matter over the weekend. City Attorney Carvalho advised that the item could be added to the Consent Calendar as Item No. #25A and that Council would need to find that the item arose after the posting of the Agenda, last Thursday, and a need existed to take immediate action. MOTIONNOTE: Motion/second by CM Cook/Chastain to add to the Consent Calendar Item No. 25A for Council's consideration of proposed Resolution No. R -I 10-99, an urgent matter raised after the posting of the Agenda. Motion carried with CM Sanders absent. UNFINISHED BUSINESS: Tract 15826, Perimeter Block Wall and Landscaping Easement Public Works Director Hutton reported this was a request from JMS Holmes, L. L. C., an adjacent city property owner, for an easement from Colton. In exchange the developer would install a perimeter block wall at the top of the slope and has agreed to landscape, irrigate and maintain it from that point forward. Director Hutton stated that the City of San Bernardino has agreed to regulate, or impose that condition if Colton grants the easement. He said that if Council did not grant the easement the development could still proceed except there would be no improvements on that portion of Washington Avenue. Discussion followed on the $25,000 offered and the safety issue. Inquiry was made on whether the City of Colton could inspect for installation of rebar. Director Hutton indicated he would ask San Bernardino for the grading plan for that area, where the slope is located, within the 15 foot easement and, also, a copy of the required design for the block wall they want to install. He explained it would not be a retaining wall but a decorative wall. The plans can be obtained for the City Engineer's review for compliance to this City's standards. It was agreed that this be a condition for the granting of the easement. There was a question regarding graffiti and who would be responsible for maintaining the wall until plants grow over it. Director Hutton stated that it would be the City of San Bernardino as the wall is part of the conditions of the project and the City of San Bernardino, through their landscape maintenance district, has indicated it will maintain the wall and the landscape area—any painting, any graffiti, the removal or replacement of any plant material and the repair of any irrigation systems. MOTIONNOTE: Mayor Gaytan, seconded by CM Bennett, moved the item with the proviso that the Landscape Maintenance District provide the City of Colton indemnification; that within 48 - hours of reporting that graffiti be removed; that this be termed a revocable conditional easement if these conditions are not met, including the condition that the City of San Bernardino provide the grading plan for the subject area along with the copy of the required design for the block wall, for the City Engineer's review and sign -off. Motion carried with CM Sanders absent. PUBLIC HEARING: Historic Landmark No. 44 City Council Mins Dec. 7, 1999 2