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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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Dept: Development Services
Subject: Resolution approving Agreement
with Frank and Irene Cortez for street and
property improvements at 3008 Broadmoor
Boulevard.
From: James Funk, Director
Date: July 13, 2005
MCC Date: August 1, 2005
J.
Synopsis of Previous Council Action:
09/07/04 Adopted Capital Improvement Program (CIP) for FY 2004/05 - 2008/09 allocating
a total of $50,000 in FY 04/05 for Project No. SS05-04 "Broadmoor Boulevard
/30th Street /Waterman Avenue Safety Sidewalk, ADA and Wal1."
Recommended Motion:
Adopt Resolution.
/
Contact person: Mike Grubbs, Eng. Mgr.lField Engineer
Phone:
5179
Supporting data attached: StafIReport, Reso. & Agreement Ward: 7
FUNDING REQUIREMENTS: Amount:
$73,150
Source: (Acct. No.) Acct No. 126-369-5504-7503 &
EDA $24,950
Acct. Description: SS05-04 Broadmoor Boulevard/30th
Street/Waterman Avenue; Safety
Sidewalk, ADA improvements and
Wall
Finance:
Council Notes
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Agenda Item No. I 5I _./
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City of San Bernardino - Request for Council Action
STAFF REPORT
Subject:
Resolution approving Agreement with Frank and Irene Cortez for street and property
improvements at 3008 Broadmoor Boulevard.
Background:
In accordance with General Plan Policy No. 6.1.5, the City wishes to eliminate, where
possible, unnecessary driveways taking access directly onto arterial streets.
A single-family house located at the northeast comer of Waterman Avenue and 30th Street has
driveways onto both Waterman Avenue and 30th Street, which are both very busy streets. The
driveway approaches are within 25 feet of the comer. It is proposed to eliminate these
driveways to improve traffic and pedestrian safety. Also, the City proposes to construct
sidewalk, ADA ramps, and a 6-foot high decorative block wall along 30th Street between
Waterman A venue and Broadmoor Boulevard.
Under terms of the attached Agreement, the City will pay the property owners, Frank and
Irene Cortez, an amount not to exceed $48,200 to construct a new garage facing Broadmoor
Boulevard. In exchange, the property owners will dedicate 6 feet of additional street right-of-
way along the north side of 30th Street and give a right-of-entry to allow the City to construct a
6-foot wide sidewalk and a 6-foot high decorative concrete block wall (split face or slump
stone with pilasters) behind the new sidewalk. The existing driveway approaches onto
Waterman A venue and 30th Street will be removed by the City and replaced with full height
curb, gutter and sidewalk.
The property owners understand and concur with the terms of the Agreement and are anxious
to proceed with the work. The cost of $48,200 is based on bids received from contractors for
construction of the new garage. The current property owners have agreed with this amount as
fair compensation for the work involved.
Waterman Avenue is under the jurisdiction of Caltrans and a Caltrans permit has been obtained
for construction in W aterman Avenue.
An appraisal of the 6 feet of additional street right-of-way along the north side of 30th Street was
obtained in March 2005. The appraised value of the right of way to be acquired is $17,000. The
City has initiated acquisition proceedings; however, those proceeding will be terminated if the
property owners execute the attached Agreement and the deed of dedication.
Upon approval and execution of the Agreement, the City will pay the owner $17,000 as
compensation for the 6 feet of additional street right-of-way along 30th Street. The City will
proceed with the construction of the sidewalk, ADA ramps, and new 6-foot high concrete block
wall. This work will result in the permanent closure of the existing driveways on Waterman
Avenue and 30th Street. The estimated cost for the sidewalk, ADA ramps and 6-foot concrete
block wall is $24,950.
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Q!y of San Bernardino - Request for Council Action
STAFF REPORT (CONTINUED)
Since the current garage on the property will not be available to be used as a garage due to the
construction of the block wall, the owner of the property will proceed with construction of a new
garage and improvements as indicated in the attached sketch. The City will reimburse to the
owner up to a total amount of $48,200 as compensation for the project. This amount includes the
initial payment of $17,000 for right-of-way. In addition, all City plan checking, permit and
inspection fees for work on the new garage will be waived.
If the owner wishes to remodel or alter or convert the existing garage to another use allowed by
Municipal Code, all fees for plan checking, permits and inspection of the changed structure will
be waived.
The owner will still be required to submit plans to the Building Division for approval, pull a no-
fee permit and call for inspection at each stage of the work.
Work by the owner, the cost of which is eligible for reimbursement (up to an amount not to
exceed $48,200) from the City, must be completed and a claim submitted within two years of
execution of the Agreement.
The total estimated cost to the City of this Agreement is $73,150.
Financial Impact:
Sufficient funding will be available in the FY 2005/06 Budget for this project in Account No.
126-369-5504-7503 "SS05-04 Broadmoor Boulevard /30th Street !Waterman Avenue Safety
Sidewalk, ADA and Wall." EDA will provide an additional amount of $24,950 for a total
funding amount of approximately $74,000.
Recommendation:
Adopt Resolution.
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RESOLUTION NO. t ~ lPlf
1
2
3 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN
AGREEMENT WITH FRANK R. CORTEZ AND IRENE D. CORTEZ, RELATING TO
4 PROPERTY AT 3008 BROADMOOR BOULEVARD, SAN BERNARDINO 92404-2316
(WATERMAN AVENUE AND 30TH STREET).
5
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
WHEREAS, the City of San Bernardino and Frank R. Cortez and Irene D. Cortez, the
owners of the property located at the northeast corner of Watennan Avenue and 30th Street,
further described as Assessor's Parcel Number 0153-141-01, and the address of which is 3008
Broadmoor Blvd., wish to construct certain public and private property improvements described
11
12 as construction of sidewalk, ADA ramps, a 6-high decorative block wall, and construction of a
13
new garage as described in the Agreement.
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SECTION 1. The Mayor is hereby authorized and directed to execute the Agreement on
behalf of the City; a copy of the Agreement is attached hereto and incorporated herein as Exhibit
hA".
SECTION 2. The authorization to execute the above-referenced Agreement is rescinded
ifit is not signed by the parties within sixty (60) days of the passage of this resolution.
III
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RESOLUTION...APPROVING AN AGREEMENT WITH FRANK R. CORTEZ
AND IRENE D. CORTEZ, RELATING TO PROPERTY AT 3008 BROADMOOR
BOULEVARD, SAN BERNARDINO 92404-2316 (WATERMAN AVENUE AND 30TH
STREET).
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held
on the
day of
, 2005, by the following vote, to wit:
8 Council Members:
AYES
NAYS
9 ESTRADA
10 LONGVILLE
11
12
13
14
MC GINNIS
DERRY
KELLEY
15
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25
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JOHNSON
MC CAMMACK
The foregoing resolution is hereby approved this
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By: ~i'\-V? ~1
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ABSTAIN ABSENT
City Clerk
day of , 2005.
Judith Valles, Mayor
City of San Bernardino
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EXHIBIT "A"
AGREEMENT
o This AGREEMENT is made and entered into this day of ,
2005, by and between the CITY OF SAN BERNARDINO, California, a municipal
corporation, (hereinafter referred to as the "City") and Frank R. Cortez and Irene D.
Cortez (hereinafter collectively referred to as "Owners").
WITNESSETH:
A. WHEREAS, Owners own the single family house and property located at
3008 Broadmoor Boulevard, San Bernardino, further described as Assessor's Parcel No.
0153-141-01 (hereinafter the "Property"); and,
B. WHEREAS, City and Owners wish to construct certain public and private
property improvements on the property as described in the Agreement; and,
NOW THEREFORE, the parties hereto agree as follows:
I. CITY SHALL perform the following:
o
(a) Fund the construction of a new garage and improvements, as noted in the
attached Attachment "A", on the Property, 21 feet wide by 20.5 feet deep
facing Broadmoor Boulevard, on a reimbursement basis for a not-to-
exceed cost to City of $48,200. The City has previously provided a
preliminary design for said work to Owner, which was prepared by GMID
.. Architects.
(b) Waive all plan check and inspection fees for construction of the new
garage and improvements facing Broadmoor Boulevard.
(c) Waive all plan check and inspection fees for construction of the new
driveway and drive approach onto Broadmoor Boulevard.
(d) Waive plan check and permit fees to remodel, alter, or convert existing
garage to another permitted use, subject to compliance by Owners with all
plan check and inspection requirements of the Building Division.
Note: Impact and utility fees and charges are not waived.
(e) Pay to Owners an advanced amount of $17,000 upon receipt of fully
executed and notarized deed of easement attached hereto as Attachment
"C".
(f)
Upon completion of construction of items indicated in Attachment "A",
pay to Owners upon inspection and approval of work performed, the
balance of the cost of the work in excess of $17,000 not to exceed the total
amount of $48,200.
Construct, at its own expense, a 6-foot wide sidewalk along the north side
of 30th Street adjacent to the Property. The sidewalk shall include ADA
accessible ramps at the northeast comer of Waterman Avenue and 30th
Street and at the northwest corner of Broadmoor Boulevard and 30th
Street.
Construct, at its own expense, a 6-foot tall decorative block wall (split face
or slump stone with pilasters) that will start on Waterman Avenue side of
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EXHIBIT" A"
Agreement Relating to Property at 3008 Broadmoor Blvd,
San Bernardino 92404-2316, APN: 0153-141-01.
the Property joining the existing private wall which parallels Watennan
A venue, thence south, then diagonally across, and extending east along the
north side of 30th Street on the Property to the front of the existing house
facing Broadmoor Boulevard.
(i) Remove the existing drive approaches to the Property from Watennan
A venue and 30th Street and replace with full height curb, gutter and
sidewalk.
(j) Indemnify, defend and hold hannless Owners from all claims, costs,
liabilities and causes of action arising from City's perfonnance under the
Agreement.
2. OWNERS SHALL perfonn the following:
(a) Execute (including obtaining notary acknowledgement) easement,
attached hereto as Attachment "C", to accomplish dedication by Owners
of approximately 6 feet of right-of-way and 5 feet of temporary
construction easement for construction by City of the sidewalk along the
north side of 30th Street, ADA accessible ramps at the northeast comer of
Watennan Avenue and 30th Street and the northwest comer of Broadmoor
Boulevard and 30th Street, and a 6-foot high decorative block wall on the
Property behind the new sidewalk on 30th Street as stated under City's
responsibilities.
(b) Provide construction drawings for a new garage, 21 feet wide by 20.5 feet
deep, with improvements noted in said attachment, facing Broadmoor
Boulevard confonning to the conceptual plan prepared by GMID
Architects.
(c) Submit plans and calculations for plan check to the City's Building
Division and comply with all requirements of building plan check. Plan
checking shall be accomplished at no cost to Owners.
(d) Upon approval of plans by the Building Division, obtain a "No Fee"
building pennit for the work and comply with all requirements thereof.
(e) Submit for approval to City a copy of contract, contractor license
infonnation, contractor business license, comprehensive public liability
insurance in an amount of not less than $1,000,000 and workers
compensation insurance for construction of the new garage facing
Broadmoor Boulevard.
(f) Construct new garage with improvements facing Broadmoor Boulevard in
strict accordance with plans approved by the Building Division of City.
(g) After construction by City of the 6-foot block wall, Owners shall retain
ownership and assume maintenance responsibility for the block wall in
perpetuity.
(h) Pennit the City, its employees, and its authorized agents to enter the
property as necessary to allow City to meet its responsibilities under the
tenns of this Agreement.
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EXHIBIT" A"
Agreement Relating to Property at 3008 Broadmoor Blvd.
San Bernardino 92404-2316, APN: 0153-141-01.
(i) Indemnify, defend and hold hannless the City, its officers, employees,
contractors, and agents from all claims, costs, liabilities and causes of
action arising from Owners' perfonnance under the Agreement.
3. TERM OF AGREEMENT
Both parties agree that the tenn of this Agreement shall be limited to a period of
two (2) years after the date of the Agreement. All work required by this
Agreement and all claims for reimbursement shall be submitted prior to the
expiration of the tenn of the Agreement.
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EXHIBIT" A"
Agreement Relating to Property at 3008 Broadmoor Bh'd.
San Bernardino 92404-2316, APN: 0153-141-01.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date shown below.
Date:
OWNERS
Signature:
Frank R. Cortez
Signature:
Irene D. Cortez
CITY OF SAN BERNARDINO
by:
Judith Valles, Mayor
o ATTEST:
Rachel Clark, City Clerk
Approved as to form
and legal content:
James F. Penman
City Attorney
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ATTACHMENT "A"
ATTACHMENT TO AGREEMENT DATED AUGUST 1. 2005
Construction Obliaations of Owner
3008 Broadmoor Boulevard
1. Construct new 22' x 24' (approximate) garage frame addition to existing house. New
garage shall face Broadmoor Boulevard as shown on GMID concept drawing
(Attachment "B").
2. Attach California Style roofing to match roof of existing house as closely as possible.
3. Stucco coat new garage to match color and finish of existing house as closely as
possible.
4. Install new garage door.
5. Firewall all drywall.
6. Relocate existing window, which conflicts with garage location. Relocate/install
restroom vent to outside.
7. Paint new garage to match existing color and texture of existing house as closely as
possible.
8. Relocate sprinklers and valves.
9. Install two new walkthrough doors in garage.
10. Install three new electrical light fixtures in garage.
11. Install two new electrical plugs in garage.
12. Sawcut and remove existing sidewalk and curb & gutter for construction of new drive
approach on Broadmoor Boulevard.
13. Construct new concrete residential drive approach on Broadmoor Boulevard per City
Standard No. 203.
14. Construct new 4" thick concrete driveway from top of new drive approach to meet
new garage floor. Driveway width with shall not be less than 16' nor more than 20'.
15. Install new 4" thick by 4' wide concrete walkways as shown on GMID concept
drawing.
16. Clean up and dispose of debris from job site.
17. Prepare plans, obtain permits, and provide all labor and materials necessary to
construct the new garage and appurtenant work in accordance with plans approved
and permitted by the Building Division of the City.
Page 1 of 1
S:']ublic WorkslRFCA's\2005 AII\08-01-05\3008 Broadmoor Blvd Agreement wilh Owner\Allachment A 10
Agreemenl3008 Broadmoor Boulevard 08-01-05.doe
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REQUESTED BY AND
WHEN RECORDED MAIL TO:
QITY CLERK
ITY HALL
300 North "D" Street
San Bernardino, CA 92418
Attachment C
APN: 0153-141.01
SPACE ABOVE FOR RECORDER'S USE
EASEMENT
FRANK R. CORTEZ AND IRENE D. CORTEZ, HUSBAND AND WIFE AS JOINT TENANTS
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby GRANTS to the CITY OF SAN
BERNARDINO, a municipal corporation, AN EASEMENT FOR STREET AND HIGHW A Y PURPOSES AND A TEMPORARY
CONSTRUCTION EASEMENT IN. OVER. UNDER AND ACROSS the real property in the City of San Bernardino, County of San
Bernardino,
State of California, described as follows:
LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"
FRANK R. CORTEZ
DATE:
IRENE D. CORTEZ
This is to cenifY that the interest in the re:al propeny
conveyed by the within instrument to the City of San
Bernardino, California. a municipal corporation, is hereby
accepted by order of the City Council, and grantee
consents to the recordation thereof by its duly authorized
officer.
ACKNOWLEDGEMENT OF GRANTOR(S):
STATE OF CALIFORNIA
COUNTY OF
}S,S,
On
before: me,
CITY OF SAN BERNARDINO
personally appeared
By:
City Clerk
Date:
personally known to me (or proved to me on the basis of satisfactory evidence) to be
, the person(s) whose namc(s) is/are subscribed to the within instrument and
acknowledged to me that hc:lshe/they executed the same in his/her/their capacity(ies),
and that by herlher/their signature(s) on the instrument the person(s), or the entity on
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
Location: N/S 30' Street, between Waterman Ave.
and Broadmoor Blvd. '
No.: 15.02-1456
FOR NOTARY STAMP OR SEAL
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EXHIBIT" A"
Legal Description for Right of Way Acquisition on the North side 30th Street,
between Waterman Avenue and Broadmoor Boulevard
APN: 0153-141-01
Parcel "A": STREET AND HIGHWAY EASEMENT
The south 6 feet of Lot 8, Block 9 of Tract No. 2370 as per plat thereof recorded in Book 34 of
Maps, pages I and 2, records of the County Recorder of San Bernardino County, State of
California.
Contains 590.24 square feet, more or less.
Parcel "B": STREET AND HIGHWAY EASEMENT
That portion of said Lot 8 described as follows:
Beginning at a point on the west line of said Lot 8, said point being the northwest comer of
Parcel "A" described herein and also being on the east line of Waterman Avenue, having a half
width of 41.25 feet;
Thence northerly, along said west line of Lot 8 and said east line of Waterman Avenue, a
distance of 13.15 feet;
Thence South 45000' East, a distance of 18.84 feet to the north line of said Parcel "A" described
herein;
Thence westerly along said north line, a distance of 13.26 feet to the point of beginning.
Contains 87.18 square feet, more or less.
TEMPORARY CONSTRUCTION EASEMENT
Grantee shall have the right of access and use of a 5 foot strip ofland lying northerly and
adjacent to Parcel "A" described herein, and a 5 foot strip ofland lying northeasterly and
adjacent to said Parcel "B" described herein, for a temporary construction easement. Said
-temporary construction easement shall terminate upon the completion of the installation of
certain street improvements consisting of, but no limited to, curb, gutter, sidewalk, handicap
ramps, paving and any and all appurtenances thereto.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Mooting Date (Date ~' &- (,05 Item #
Vote: Ayes '-L Nays
Change to motion to amend original documents 0
f~
Resolution #
~OS" )10
Abstain
Companion Resolutions
Absent
NullNoid After: days /
Resolution # On Attachments: 0 Noteon Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
Reso. Log Updated:
Seal Impressed:
f
Date Memo/Letter Sent for Signature:
151 Reminder Letter Sent:
/
t~1. ~ DateRctumed,
I
2nd Reminder Letter Sent:
Not Returned: 0
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Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes
Yes
Yes
Yes
Yes
No By
~ -
No By_
No ~;: By,--
NO~_
No By_
Copies Distributed to:
I Animal Control 0 EDA 0 Information Services 0
City Administrator ~ Facilities ~ Parks & Recreation 0
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City Attorney Finance Police Department 0
Code Compliance ~) Fire Department 0 Public Services 0
Development Services Human Resources 0 Water Department 0
Others:
Notes:
Ready to File:
Date: g, t 1, U
Revised 12/18/03
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
August 8, 2005
TO:
Mike Grubbs, Field Engineer
Development Services Department
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2005-270
At the Mayor and Common Council meeting of August 1, 2005, the City of San Bernardino
adopted Resolution No. 2005-270 - Resolution approving an Agreement with Frankie R. Cortez
and Irene D. Cortez, relating to property at 3008 Broadmoor Boulevard, San Bernardino 92404-
2316 (Waterman Avenue and 3dh Street).
Attached is one (1) original agreement with two (2) duplicate original agreements. Please obtain
signatures in the appropriate locations and return the ORIGINAL agreement to the City Clerk's
Office as soon as possible, to my attention. Please forward one (1) fully executed copy to
Transtech Engineers, Inc. and retain one (1) for your records.
Please be advised that the resolution and contract will be null and void if not executed
within sixty (60) days, or by Monday September 26, 2005.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Eileen Gomez
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signe~~
f r 0 if Please sign and return
Date: 91 tJ p