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From:
CITY OF SAN BERNo.DINO - REQUEST p.A COUNCIL ACTION
_ "I\~\'" Off. .
~tct~ M"fector \: 2GSubJect:
_ J~ -s ~
James C. Richardson,
Public Hearing on request for extension
of time to complete reconstruction of
residence at 5718 North "D" Street.
Dept:
Building & Safety
Date: January 4, 1989
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Synopsis of Previous Council action:
Stipulated judgment on May 11, 1987, of Superior Court approving a building permit
and construction schedule for residence at 5718 North "D" Street and June, 1988
extension to December, 1988, by the Mayor and Common Council.
Recommended motion:
That the hearing be closed and an extension of six months be granted to the
property owner to complete the reconstruction at 5718 North "D" Street.
cc: James Robbins, Acting
City Administrator
Dean Pagel, Building Inspection
Supervisor
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Contact person: Dean Pagel
Supporting data attached: Staff Report & Correspondence
Phone:
5171
Ward:
FUNDING REOUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
Ammrla ItAm No.
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CITY OF SAN BERN~DINO - REQUEST F~ COUNCIL ACTION
STAFF REPORT
The City of San Bernardino agreed to a stipulated judgment on
May 11, 1987, to allow Mr. Ted D. Bair to rebuild a residence
located at 5718 North "D" Street, which was fire damaged
during the Panorama fire. A series of inspections were made
after the stipulated judgment but there appears to be no
recent inspections. The work was to be completed in December
of 1988, however, the dwelling still needs color coat~ng on
the stucco, paving of the driveway, finish the drywall and
cabinets. In June, 1988, an extension was granted to
Decemb~r 1988 and Mr. Bair is asking for additional time to
complete construction. The City Attorney's Office is of the
opinion that additional time should be granted as does the
Department of Building & Safety. However, the request
appears to be open ended and a specific time committment
should be obtained. Considering the past history of this
matter, a maximum of six months would be considered
appropriate.
, (i?d.~~
S C. RICHARDSON,
cting Building & Safety Director
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5,04 North _ Street
San Bernarcino. Ca. 0240,-2626
16 Decemeer 1988
To the Mayor ana Co~mon Counci:.
In June of 1988 the City Attorney's Office presentee to vou.
In closea session. reasons to extena the Stlpuiatlon
Judgement set by The California Superior Court in Hay of
1987 ,ega,alng the reconstruction of our home :.t 5718 North
D' Street. Enclosea is a copy of the letter the Deputy City
Attorney requested at the time stating the status of
construction. The City Council grantea the extention to the
16th of December. 1988.
The Buiiding and Safety Department have eeen making regular
inspections during the progress of construction and ~e have
passea ai 1 inspections. '<Ie just had our combination
inspection on [10naay ~lth no proeiems. My nelgheors have
ceen happy to see the construction progress vith no
complaints. We are acout 60 to 70% compietea at this time.
I vould like to ask the City Council to allo~ me to appear
before them to extend the Modified Stipulation to give US
the time ve need to finalize the reconstruction of our home.
Please let me kno~ If I can be fit into the agenda.
ThanK you very much.
Slnce,ely.
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Tea D. 3alr
7/4 OOb-3fo09'
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;"3an ~erri~'\rdi,'jo. '~-A
De-3r !~.,~re'" i't1c(~u,eef1.
As VQU reQuested this ~etter 15 to advise vou a5 ~~ tne
:.1rOqr"eS5 ah~ ~;tatLls 0'; eon$t,....lJ'=t.:::~n of r)llr home.
In ;~.::\rchiAorl1 1988. T evaluatao t.he or"oc:;ress .~~.;. ;1)\1
,=or1str"'uct.i.on in '!:he ,"':'~.re.a of. ~oJ(jr;.: to be done''''''':;. :...h~
financial side \'et to come. It ~howed to be Quite snort
eSDecla~lv ~or tne ~lme +rame lnvolved. !~clljded ~s coov of
the c=st bre3~:down that w~ h3ve been wor~ina from eince 1986
-:::.nrr)L\QT1 'Joi .?n-:J ~'J.;:lticnal San~::. : rlEt,Ve ma~-'ved the 1 ine numbers
t~at : ~eec ~~ inc~ea$e ~r ~dd ~o insure the timely
comoieti(Jn of con':tru.c'C.irJri. :;eforr! ,~ can r{~neactli;;..te with
'Jolanc National Ban~ to increase the c~n$truction loan. I
mU5~ ~irs~ G~~+ir~ the increase witM the take out ~nogr.
i,:ocn investl~a1:ion o~ this av~nlAe. I h~ve found that mv VA
accroved ioan nas not been reinstated to full entltlement. I
made 3 reauests ln 1985 (cooies enclosed). but I never
....ecel\/ea ccm+ ::.r"matlCJn':~.:at full entitl ement wa.s ~"'e5torec::l.
The lon~ t9rm 1enoer told me th3t they would continue follow
wo 51nce,the c3rtlai ent:tlemeM~ was issued throuoh their
O~~lce. 1st Inte~5ta~e Mortqage Co. The house that burned in
1980 aled had a VA aDO roved loan on It. The VA rules state
that ~ou must ~ell your orocertv and satisfy the 1 ien. The
, ien w~s satisfied with the Insurance oroceeds. OIJt I oion't
Eell ~he orOD9rt'/ ~cr t~e reason G~ ~~bUl1dinQ. 'J r~stcre
'1'\V en tit 1 erner. -r:' ~ 0 of u i i .'';~ 1 ue. 1 t I.I.J ill t a.k e c erm i .~::'~ 1 ::1r'\ .,. rom
~3Snlng~on ::C ~nder 'SseCla~ l,i~cum$~~nces'
we ~~~ojved the ~aw suit wi~n E.F. ~utto~ :Ln 1~87 With an
=uc cf ~ourr settlement. 7~ose ~IJnds h~ve MO~j ~eer in,iected
\nto the reconstruction. WitM the oarti3l1v recovered lesseE
from E.F. Hutton and ~he ~unas r8ceived +rom Ualand Natio~al
Bank ~or construction. we have now +ul~illed th.
reoulrements fc)r t.he SBf1. ;....egard~.ng rein$tatement. .jf our S3H
2isaster loan ~hat wasn;t fullv cisbursed.
[ have contactaa both aqencies i:jAiSEA) r~oue~tinq
reln$tatement. Enclosed are COCles of the reouests and 1:helr
,-e~~r~ed r~ouests ~or mv ~cti~". I h~ve oreoared ~n eiqht
hundr~:~d o'j l!S ~,~ae c:.'c~:: a\'::Ie roO subm i l: t,o the ':;:BA ~.ild '':00 ied
~ortion$ of that cackaqe oius ')~ ~~rms to sLlbmi~ to t~e V~.
The ~:"C.3'\:'-tS: of- ,::onst.ruc'C.ior. is t.h(.,':4.t l,oJe ,:!l,re ~ust 3.DOL~'C to
:=mDi~te the electric~l wlrl~q anc ~al1 for 1~soec:~1on.
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~n'd rf:!~~'~:~:~;.j. 'Jr~-:I_~C:c.:O. I ~;,~y.r,,'t.'~lta~,~~i.,r":~:itJ.4t: -: ": ~reo ~'::! t. natEe
,:::'Oc:~~mer\:;tj'::t"'_Tl~')I"'C.~; con,~;1.~"~i_\.":re.~,~~~~nt'j~[: .~.::r.T..:';",!L'.'= '":0 nroc~e~
,'dttl r:li'~L,{81i!c:'trir::3.: '.-.l~.riilCl *':,,~., "t'~~:n~,'i',:~n ,f.~ -'~"!r;: l'''~Ut .~o\tl":)n
(~!""v;~a I ~ i:intl s.t.ucco.
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:::.:,C: i:)gf!KI'-..r:-.re :some ~J-l:::-:.pr'9s "'!'cr \..'l5ua: ;;'lc'"=. ~
~u~.tl~ns. ~1aase =~nt~ct ~2 ~t c~a ~ob
l!14:iea~'-77~A,,~ home -t.~"o:m. 8~m ......::j ,;,l'om
:':".t, l,-~o:pK .:;. roun 12a.m ~o ',~.m 71.1 j ~45- -='323.
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Thanl': 'i~t,j.
SiF1c'ere'i "'.
eo D.:'?air
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1 RALPH H. PRINCE
City Attorney
. 2 LOREN McQUEEN
Deputy City Attorney
3 300 North D Street, Rm 668
San Bernardino, CA 92418
4 (714) 383-5235
Telephone:
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Attorneys for Respondents
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MAY 11 1987
BUILDING & SAFETV
CITY OF SAN BERNARDINO
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SAN BERNARDINO
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10 TED D. BAIR and JANE S. BAIR, )
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Petitioners,
CASE NO. 237290
STIPULATED JUDGMENT
vs.
CITY OF SAN BERNARDINO, CITY
OF SAN BERNARDINO DEPARTMENT
OF BUILDING AND SAFETY, BOARD
OF BUILDING COMMISSIONERS OF
THE CITY OF SAN BERNARDINO,
Respondents.
WHEREAS, Petitioners, TED D. BAIR and JANE S. BAIR, have
filed a Petition for Writ of Mandate in the above-named Court in
the above-entitled matter, pursuant to Code of Civil Procedure,
ections 1094.5 et seq., which names as Respondents, CITY OF SAN
ERNARDINO, CITY OF SAN BERNARDINO DEPARTMENT OF BUILDING AND
AFETY, and THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF
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AN BERNARDINO, alleging inter alia, that said Respondents have
enied due process to Petitioners during administrative
roceedings and 'have made orders and rulings concerning the
xistence of a public nuisance and/or a dangerous condition on
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1 Petitioners' real property, which said orders threaten damage and
2 loss to Petitioners. And WHEREAS, Respondents deny such
3 allegations in their entirety. This dispute is at issue before
4 the San Bernardino County Superior Court and seeks resolutions.
5 THEREFORE, Petitioners and Respondents, by and through
6 their respective attorneys of record, do hereby stipulate and
7 agree to the following order:
1. As of the date of this order being entered, Petitioners
may resume construction of the residence building on their real
property located at 5718 North RDR Street, San Bernardino,
California, in accordance with the plans and specifications
previously approved by the Respondents. A building permit is to
be issued to the petitioners by the respondents upon execution of
this Stipulation.
2. A continuous schedule for construction of a dwelling at
5718 North D Street be strictly followed by the petitioners and
the respondents be permitted to make periodic inspections
18 determining whether said schedule is being adhered to by the
19 at these designated intervals:
2 after the issuance of the building
21 permit or sooner if requested by the petitioners, the respondents
22 shall inspect the concrete wall structures. At the time of this
23 ins~~ction all forms and reinforcing for the first-floor walls
24 shall be completed and ready for concrete to be poured therein.
25 b. By ",..1, 1 . .L!l'1l7, or sooner if requested by the
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26 petitioners, the respondents shall inspect the erected walls. By
27 July 27, 1987, the walls will have been welded, bolted and
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t erected into place according to the building plans on file with
. 2 tbe respondents and according to the requirements of the Uniform
3 Building Code as incorporated by the San Bernardino Municipal
4 Code.
5 c. By iii.... 1._. Jr' 61}. or sooner if requested by the
6 petitioners, the respondents shall conduct an intermediate
7 inspection of the framing of said structure. By September 7,
8 1987, all framing of the structure shall have been completed
9 according to the building plans on file with the respondents and
10 according to the requirements of the Uniform Building Code as
11 incorporated by the San Bernardino Municipal Code.
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12 d. BY~-l,l",...",U"O '~8h or sooner if requested by the
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13 petitioners, the respondents shall inspect the roof of said
14 structure. By September 28, 1987, all roofing will be completed
15 according to the building plans on file with the respondents and
16 according to the requirements of the Uniform Building Code as
17 incorporated by the San Bernardino Municipal Code.
18 e. By 8___...",,,,. Ztl. 1""., 0"'- sooner if requested by the
19 petitioners, the respondents shall inspect the installation of
20 windows, exterior doors, the ventilation ducts, the flashing,
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rough plumbing, rough electrical, wrapping of outside walls and
22 wiring of outside walls and all other items which will not be
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visib~e for inspection upon installation of insulation. By
December 28, 1987, all the above listed items shall have been
installed according to the building plans on file with the
respondents and according to the requirements of the applicable
27 Uniform Codes as incorporated by the San Bernardino Municipal
28 Code.
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1 f. By March 4, 19881 or sooner if requested by the
2 petitioners, respondents shall inspect the interior insulation
3 and the interior sheet rock. By March 4, 1988, interior
4 insulation and interior sheet rock shall have been installed
5 according to the building plans on file with the respondents and
6 according to the requirements of the Uniform Building Code as
7 incorporated by the San Bernardino Municipal Code.
8 g. By March 28, 1988, or sooner if requested by the
9 petitioners, the respondents shall inspect the exterior stucco,
10 the interior taping, the interior plastering, the finish
1] plumbing, the finish electrical, the doors and the detail work.
12 By March 28, 1988, all of the above listed items shall be
13 completed according to the building plans on file with the
14 respondents and according to the applicable Uniform Codes as
15 incorporated by the San Bernardino Municipal Code.
16 h. By June 16, 1988, or sooner if requested by the
17 petitioners, the respondents shall inspect all painting,
18 cabinets, floor coverings, built-in appliances, driveways,
19 walkways, and grading for landscaping. By June 16, 1988, all of
20 the .above listed items shall be completed according to the
21 building plans on file with the respondents and according to the
22 Uniform Building Code as incorporated by the San Bernardino
23 Municipal Code and all trash and debris shall be cleared from the
24 s'ite.
25 3. All completion dates in this schedule have been
26 designated solely by the petitioners and, therefore, the
27 petitioners agree to strictly comply with said schedule.
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4. Any changes initiated by the petitioners to the
2 building plans now on file with the respondents shall not affect
3 the time schedule herein agreed upon by the parties.
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5. Work on the construction of said structure shall be
continuous and no delay shall be for more than thirty (30)
6 consecutive calendar days.
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6. If Petitioners fail to complete the designated work by
the dates proscribed in the inspection schedule, or if ~ork stops
for a period of thirty (30) consecutive calend.ar days or more,
respondents shall have the right to immediately demolish any
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existing c~nstruction at the site and return the site to its
natural state.
7. Subject to findings of this Court that petitioners have
not complied with the construction schedule as stated herein,
then petitioners waive their rights to proceed under the Writ of
Mandamus and will not seek further review or appeal of the
administrative proceedings conducted by respondents concerning
the petitioners' subject real property.
8. The petitioners understand that in addition to the
inspections set out in this stipulated settlement, respondents
shall also require other periodic inspections as required by the
Director of Building and Safety.
9. Nothing in this agreement shall be construed to waive
any other development requirements administered by City
Departments other than the Department of Building and Safety.
10. All dates and time periods stated herein are dependent
upon prompt response from the respondents as to calls for
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1 inspections and cooperation with petitioners in the completion of
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he project.
Any delays in the construction schedule resulting
3 from lack of response and cooperation by respondents will result
4 in an extension of the time frame for the succeeding phase of
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onstruction in an amount of time equal to the period of such
elay.
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11. Prior to abatement of petitioner's structure under the
8 terms of this judgment, petitioner or respondent shall request an
9 ex-parte hearing limited solely to the issue of whether there has
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been
compliance with the terms
Dated: __/I, ,Qf1
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of this stipulated judgment.
, 1987
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RALPH H. PRINCE
City Attorney
/5'/
Loren McQueen
Deputy City Attorney
Attorneys for Respondents
By
Dated:
HffV /1,lqr r
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, 1987
LAW OFFICES OF
JOHN P. WADE
By John ~iw:de
Attorney for Petitioners
*. Also
Supe,uo{(. ct- r wiqe
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Ted D. Bair
5704 North 'E' street
San Bernardino, CA 92407-2626
15 January 1989
To the Mayor and Common Council,
On 27 December 1988, our short term construction loan with Upland
National Bank matured. They felt they could not increase the
value, or extend it any further. I had tried to increase the loan
in August of 88 to meet the cost increases that have taken place
since my original cost break do...." \ta.. ..ent-out-for--bid'~ I have
found another lender that will loan the amount I need to satisfy
the Building and Safety Department requirements for a Certificate
of Completion and convert the construction loan to long term with
First Interstate Mortgage Co.
Enclosed is a copy of a letter from Community Thrift and Loan
indicating my status with them. You have on file, a letter from
First Interstate Mortgage Co. which status has not changed.
The new construction loan will be for a minimum of six months.
with what is left to construct, I hope to move in by the 1 st of
April (I hate making promises or giving timed dates judging by
the time frames I've tried to keep in the past). If every
contractor follows through with what is set up, it should happen
by April.
The Building and Safety Department have been making regular
inspections during the progress of construction and we have
passed all inspections. We just had our combination inspection
with no problems. My neighbors have been happy to see the
construction progress with no complaints. We are about 60-70%
completed at this time.
I would like to ask the City Council
stipulation to give us the time we
reconstruction of our home.
to extend the Modified
need to finalize the
Thank you very much.
Sincerely,
-r~~~
Ted D. Bair
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A Direct Equity Lender
Looking for a lender can be like
being In the middle of a jungle,
Without some friends to help,
you may not get out.
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January 13,1989
To whom it may concern I
This is to notify you that Mr. Ted Bair has applied for a loan with
Community Thrift and Loan. Said loan is currently in process and I
would estimate at this time it is abou 90 percent complete. If
further information is required, please have Mr. Bair contact me.
c;r '~ tL
Thomas P. Finocc1o
l.oan ~lanager