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332 Mr. McCool referred to copies of various documents that had been presented to each
<br />Council Member substantiating his complaints that improper grading and terracing
<br />by the adjacent property owner has caused encroachment into his property and ex-
<br />tensive drainage problems. Mr. McCool said in an attempt to rectify this problem,
<br />he regraded the area along his southerly property line to the original contour.
<br />Mr. McCool advised that his neighbor then filed a law suit against him, which is
<br />now pending in Superior Court.
<br />Mr. McCool criticized certain City Staff members for their evasive answers and
<br />long, overdue action with his complaints and problems, and requested that the
<br />City Council take immediate administrative action on the matters listed in the
<br />documents as presented.
<br />City Engineer, Daniel Burnett, recommended that the City Council take all of the
<br />documents as presented under advisement, and stated that he would be presenting
<br />a report to the City Council on this matter at the first regular Council Meeting
<br />in December.
<br />City Manager Gonzales said as a point of clarification, he would like to advise
<br />the City Council that Mr. McCool had contacted him about these problems, after
<br />which he held a meeting with the City Engineer and the Department of Building
<br />and Safety. Mr. Gonzales stated they did come up with a solution regarding the
<br />drainage problem and he immediately contacted Mr. McCool with this information.
<br />Mr. Gonzales said that Mr. McCool, however, did not want any kind of compromise,
<br />he only wanted the City to enforce portions of the Uniform Building Code, he was
<br />not agreeable with a solution to the problem, and it seemed as though all he
<br />wanted to do was get even with his neighbor. Mr. Gonzales concluded that he
<br />was sorry, however, Mr. McCool or no one else was going to use the Office of the
<br />City Manager to get even with their neighbor.
<br />Mayor Gonzales stated that these problems were brought to the attention of this
<br />legislative body in the early part of October by Mr. McCool, and the situation
<br />has not been ignored by any member of the City Council. Mayor Gonzales advised
<br />Mr. McCool that because he is now in litigation, the City Council cannot, at this
<br />time, take any action or make a decision, this matter will be decided by the Court.
<br />Mr. Richard A. Larsen, 1380 Cahuilla, Colton, stated he took exception to the City
<br />Staff and Council Members being chastised unfairly, and he felt the City Council
<br />should know the history and have some background information on this piece of
<br />property at 1305 Mohave Drive, which he previously owned and sold to Mr. McCool.
<br />Mr. Larsen continued he was told by the builder that McCool wanted to buy the
<br />property, he was a parapalegic veteran and was going to get the property donated
<br />to him by the State of California and get an interest-free loan from the Govern-
<br />ment. Mr. Larsen said he agreed to sell the property to Mr. McCool, however,
<br />after approximately one year's time had passed and he heard nothing, he then rade
<br />plans to grade the lot to a different specification, to build a house, and, in
<br />fact, had already obtained a loan for that purpose. Mr. Larsen stated about that
<br />time the contractor called.him advising that Mr. McCool was ready to build, all
<br />of the plans had been approved, etc., and that the grading plan could not be
<br />changed. Mr. Larsen said that the grading plan had been submitted to the City of
<br />Colton, it had been submitted to Cal State Vets, and all of the documents had been
<br />approved. Mr. Larsen stated that the drainage on that lot had also been approved
<br />and any encroachment on the lot was present at that time. Mr. Larsen said at this
<br />point he was rather reluctant to sell because he had spent quite a bit of money
<br />regrading the property to a different conformation, etc., however, Mr. McCool
<br />called him and pleaded, stating it had taken one full year to get the whole thing
<br />through, he was a parapalegic veteran, etc., and asked would he please sell him
<br />the lot. Mr. Larsen stated so, at his own expense, he took dirt off that he had.
<br />started to regrade the lot with, and put the lot back to its original conforma-
<br />tion, to conform with the plan that Mr. McCool had submitted to his contractor,
<br />and to Cal State Vets. Mr. Larsen concluded the point he is trying to make is
<br />that Mr. McCool was aware of the conformation and the toe of the slope of the
<br />other lot at that time.
<br />Moved by Mayor Gonzales, seconded by Councilman Hayes, to refer all of these
<br />documents and material as submitted to the City Engineering Staff and Legal
<br />Staff for review and report back to the City Council. Unanimous vote.
<br />Councilman Temby asked Mr. Burnett for a time frame as to when the report may
<br />be submitted to the City Council.
<br />Mr. Burnett answered he felt a report could be submitted to the City Council for
<br />its first meeting in December.
<br />NOV 6 1979
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