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HomeMy WebLinkAboutAGENDA REPORT 1993 0106 CC REG ITEM 11BTO: FROM: DATE: SUBJECT: ITEM//* . . MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 AGENDA REPORT The Honorable City Council ' !COR ?ARK, City Cou.' c l i�fcot�g C 1991. ACTION: e2W By Jim R. Aguilera, Director of Community Development �. December22, 1992 (CC meeting of 1/6/93) PARDEE CONSTRUCTION - FIREPLACE PROPOSAL Attached to this cover memo is a letter dated 12/15/92 from the Pardee Construction Company. The letter is in response to a letter written by staff in which we asked Pardee to explore possible methods of accomplishing an inspection of all homes in the Northview tract. The letter is very specific about their proposal to not only inspect all homes but to make all required repairs. The City Council requested that this matter be placed on the January 6, 1993 agenda for discussion. Recommendation: Direct staff as deemed appropriate. PAUL W. LAWRASON JR. BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR. JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Pardee Construction Company December 15, 1992 Mr. Jim Aguilera Director of Community Development City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Dear Mr. Aguilera: 10880 Wilshire Blvd., Suite 1400 Los Angeles, California 90024 Tel 13101475 3525 �Grycrh.icu +cr Fax (310) 475 3092 This letter is in response to your letter of December 7, 1992. On November 5, 1992, Pardee Construction Company sent a letter to each Northview homeowner, stating: "Pardee is ready to promptly correct any fireplace conditions that are the result of defective installation This letter concluded, "As always, please send all concerns in writing to Pardee." Pardee wishes to satisfy all homeowners as to the safety of their fireplace systems. Set forth below is a proposal which Pardee believes will provide a prompt and efficient resolution of any problems that may exist, at no cost to the homeowner or to the City. Pardee's proposal is as follows: 1. Pardee will, at its expense, arrange for inspection of each Pardee home by Fireplace Systems, a highly respected independent contractor who did not do any of the original installation work. 2. Fireplace Systems will prepare a written report of its inspection, which it will provide to the homeowner, Pardee, and the City. If Fireplace Systems determines that any corrective work is necessary, that work will be performed immediately, at no cost to the homeowner. 3. Pardee will promptly notify the City of each home which has been the subject of corrective work. Pardee will arrange with Abbott & Associates, the inspector selected by the City, for Abbott to inspect the corrective work of Fireplace Systems. Pardee directly will pay Abbott & Associates' charges for performing the inspections. Pardee will work with Abbott & Associates so that they will be able to perform four hours daily inspection work for the City, in addition to the inspection work performed for Pardee, ftft RECEIVED — B-tG 1 e 1992 Citv of Mooroark December 15, 1992 Mr. Jim Aguilera Page 2 4. Abbot & Associates will promptly provide the City with copies of reports of their inspections. 5. If Abbott & Associates believes any further corrective measures are necessary, Pardee will pay to have those corrective measures performed, and pay for reinspection by Abbott. 6. In light of the fact that Pardee is incurring all expenses of inspections, which would otherwise be borne by the City, the City will waive any building permit fees. The building permit can be issued by the City upon the certification by Abbott & Associates that all necessary corrective work has been performed. An important facet of this program is that Fireplace Systems be allowed to perform the necessary remedial work immediately upon completion of its inspection. Such a procedure reduces the cost by eliminating the need for Fireplace Systems to revisit the property after making its inspection. This procedure also minimizes inconvenience to the homeowner, who must be present during the inspection and the remedial work. Since Abbott & Associates must certify the final result, there is no prejudice to the City or to the homeowner. Despite implications to the contrary by the City, Pardee has always been ready, willing and able to correct any deficiencies in fireplace problems attributable to defects in construction. Delays in formulating and implementing a program have been impeded by the City. Pardee has been communicating with the City since October 28, 1992. Until November 10, 1992, no representative of the City of Moorpark even asked to meet with Pardee to discuss this situation. The first meeting did not take place until November 19, 1992. I have full authority and responsibility to implement a program to resolve the matter of possible defects in any fireplace that is the result of a defective installation by Pardee. Pardee hopes that the City will see the reasonableness of the proposal and immediately accept it. December 15, 1992 Mr. Jim Aguilera Page 3 Very truly yours, PARDEE CONSTRUCTION COMPANY �m 0"-D Y��a David Geduld Director of Customer Relations Enclosures cc: David Landon Bill Teller Ralph Pistone The Honorable Mayor Paul W. Lawrason Jr. And Members of the Moorpark City Council Steve Kuney LEAKH00O3E RECEIVED DEC - 9 1992 MOORPARK - -- ,` DAVID UEDUlO •.,:r �t�_�� 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 December 7, 1992 Mr. David Geduld Pardee Construction Company 10880 Wilshire Blvd., Suite 400 Los Angeles, CA 90024 Dear Mr. Geduld: Thank you for meeting with Mr. Kuery and I on Thursday, November 19, 1992. The purpose of this letter is to memorialize the basic issues discussed and those that may be outstanding. We expressed the concerns of the City Council. They were as follows: 1. That the improper installation of fireplaces by Pardee subcontractors should be repaired as soon as possible. 2. That the City is still interested in reducing the cost of building permits, if Pardee can reduce or rebate the cost of inspections. 3. The City would also be interested in investigating a method by which Pardee and the City could cooperate to create an inspection program for all homes which have not yet been inspected. The issues we believe you mentioned were as follows: 1. You had proposed to the City through Abbott & Associates that you would be willing to conduct all inspections and repairs.. at your expense. (We informed you that the Council never received your offer.) 2. You mentioned that the above offer was no longer on the table. 3. You would like the City to cease criticizing Pardee. 4. You were very empathic in stating that you have the monetary resources and are committed to making all necessary repairs of fireplace units. since our meeting, the Council has continued to express their desire to meet with Pardee's Chief Executive Officer. The Council has also authorized Staff to mail out a request for bids for fireplace inspection. We would still like to discuss with you any alternatives regarding Pardee initiated inspections. PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR. Mayor Mayor Pro Tem Councilmember Councilmember Councilmen-ber Mr. David Geduld Pardee Construction Company Page -2- If I may be of assistance in answering any questions please feel free to call me at (805) 529 -6864. Sincerely, uilera Director of Community Development cc: Steven Kueny, City Manager File CRL 12/ 8/92 (Tue)- A: \OUTCORR \PARDEE.2 PRRDEE CONST TEL:213- 474 -0365 Pardee Construction Company FAX TRANSMITTAL Jan 06.93 15:49 No.014 P.01 Date: January 6, 1993 To: Councilman Scott Montgomery The Honorable Mayor Paul W. Lawrson, Jr. and Members of the Moorpark City Council Steven Kueny, City Manager From: David Geduld ,oeeo Y *jm bdR* d $014M LN � W4 T,I P11 41M 1AX 171 �yn,.n 31475,W Number of pages (including this page): 2 If you do not receive the complete transmittal, or if the copies are unclear., please call immediately: (310) 475 -3525, Ext. 262 JAN 16 '93 15:44 , . .. ..,• ,� .. F'. .. .> - � ... ' - .... , . "� 71 i d7d R7acZ Din= MA1 PARDEE CONST TEL:213- 474 -0365 Jan 06.93 15:49 No.014 P.02 Pardee Construction Company January 6, 1993 Councilman Scott Montgomery City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Dear Councilman Montgomery: 14810 Wd iiw *A, Sure 1400 in Mp bL Cd1ani, 80024 Td 13101 475 %a rr Fa 13101476 3082 Pardee has been informed that you have been disseminating inaccurate information to North View homeowners concerning the original installer of the fireplace systems. According to Pardee's knowledge, Tri County Heating Air - Conditioning and Fireplace Systems, located at 1317 Lawrence Drive in Newbury park, was not the original installer of any fireplace system in North View. Your statements to this effect are, we believe, incorrect. If you have any documentation to support your assertion that Tri County Heating Air - Conditioning and Fireplace Systems was an original installer of fireplace systems at North View, Pardee would appreciate your providing that evidence to us at your earliest opportunity. In the absence of such documentation, your statements are misleading and counter productive. Yours truly, PARDEE CONSTRUCTION COMPANY David Geduld Director of Customer Relations cc: The Honorable Mayor Paul W. Lawrson, Jr. and Members of the Moorpark City Council Steven Kueny, City Manager North View Homeowners Association Bill Teller, Pardee Construction Company LEAKHOCOVE JAN 6 '93 15:44 213 474 0365 PAGE.002 RAYMOND C. SANDLER CHARLES L. BIRKF. SIp.VEN E. LEVY WILLIAM F. TISCH (-:RAID C. BIRKER MARCI J. FOX MING -CHU C. KEEFI. KAREN L. SKLAR VIRGINIA A. JOHNSON RICHARD V. SANDLER OF COUNSU NELSON ROSEN (1910.198!) SANDLER AND ROSEN COUNSELLORS AT LAW TELEPHONE SUITE 510 GATEWAY WE.S1 • CENTURY CITY (310) 277 -4411 OR (213) 879 -9161 1801 AVENGE OF THE STARS CABLE ADDRESS RAYNI LS LOS ANGELES, CALIFORNIA 90067 TE.I.ECOPILR (310) 277 -5954 January 5, 1993 Honorable Mayor Paul W. Lawrason, Jr. and Members of the Moorpark City Council 799 Moorpark Avenue Moorpark, California 93021 Re: North View Fireplace Systems Gentlemen: OUR FILE NUMBER: 2P- 3.1333 — RECEIVED JAN 0 6 1993 City of Moorpark The undersigned are attorneys for Pardee Construction Company. We have been asked to respond to the letter to David Geduld of Pardee from Mr. Jim Aguilera, Director of Community Development. There is no basis for Mr. Aguilera's assertion that repair of a fireplace system requires extension of stucco. There is no code requirement for stucco at chimneys. The only requirement is for effective waterproofing. Only in homes with pyramid- shaped spark arresters is a framing extension required. Mr. Aguilera and stucco would with the approved does not show any metal flashing at is attached. is wrong in his assertion that extension of framing oe required to bring the chimney into conformance plan, a copy of which is attached hereto. The plan stucco on the chimney. It merely reflects a sheet the top of the chimney chase, to which the shroud Despite the City's assertion that the existing chimneys present a safety problem, the City has continuously thwarted Pardee's efforts to promptly and efficiently address the matter. Furthermore, the City has made demands upon Pardee, while it has ignored essentially the same conditions on homes constructed by other developers. On December 15, 1992, Pardee wrote to Mr. Aguilera proposing that the City approve a program which would completely address all safety concerns, and provide for verification by an independent inspector. Pardee agrees to bring all North View chimneys into compliance with the two - foot /ten -foot rule of the Uniform Building Code. Where the flue needs to be raised five inches or less, Fireplace Systems, the independent contractor, will remove the existing spark 002P3BDL.079 Y Hon. Mayor Paul W. Lawrason, Jr. and Members of the Moorpark City Council January 5, 1993 Page 2 arrester and the chase flashing, raise the flue, and re- install the chase flashing and the existing spark arrester. There is presently no framing or stucco on those sections of the flue and the spark arrester, none was indicated on the plans, and none is required by the Code. Where the flue needs to be raised over Systems will offer the homeowner the choice raising the flue and installing a new sheet will extend over the stucco. This flashing of the stucco. When a homeowner chooses a tional framing will be installed. five inches, Fireplace of raising the flue, or metal chase flashing that will be painted the color new chase flashing, addi- Notwithstanding the above, in any home with an existing pyramid - shaped spark arrester, whenever it is necessary to raise the flue, Fireplace Systems will build a wood frame on top of the existing chimney chase and install a new sheet metal chase flashing. This flashing will extend over the existing stucco. It will be painted the color of the stucco. The City has advised Pardee that it will not issue any permits, will not conduct any inspections, and will not allow any work to remedy what the City has characterized as a safety problem. The City's position is totally unreasonable, in that extensions of framing and stucco are in no way required by the plans or the Uniform Building Code. Pardee has informed the City Pardee is ready, willing and able to satisfactorily address the two - foot /ten -foot issue. Pardee will seek indemnity from the City for any loss, liability or expense, including attorneys' fees, in the event any claim is made against Pardee for any damage allegedly arising from the two - foot /ten -foot situation currently existing at the Northview project. Yours truly, SAND LER R AND R Charles L. Birke CLB:dr Enc. cc: Jim Aguilera Director of Community Development - via fax Steven Kueny, City Manager Dirk Lovett, Assistant City Engineer David Geduld 002P3BDL.079 LOUVEKEtb ATT i C V Etjrrr STUCCO 7--T"p - - L- L;NE! OF LOF" S NC3 ii fix\ I jI n I / L-AT-=