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Home My WebLink AboutAGENDA REPORT 1991 0605 CC REG ITEM 08JMOORPARK 799 Moorpark AvenuE Moorpark California 93021 M E M O R A N D 1.1 M TO: The Honorable City Council FROM: Lillian E. Kellerman, °:ity Clerk DATE: May 29, 1991 (CC meeti:nq of 6/5/91) SUBJECT: REJECT CLAIM - DOMIN:IC & NANCY THOMAS BACKGROUND ITEMS 0, (805) 529 -6864 �ORPARK. CAL I, -0 City Cour)CII MQePng or� 1991 ACTION: - The City has received a claim flied by Dominic and Nancy Thomas relating to the construction of an addition to their home and the plan check and building permit: ;:r =.rvices rendered by the City in August 1989. Our insurance adjuster, Carl Warr(,n & Co,, has reviewed this claim and has recommended that the Cour ii re -fact the claim. RECOMMENDATION Reject the claim of Dominic & N „ncy Thomas and direct staff to appropriately notify the claimant PAUL W LAWRASON JR BERNARDO M PEREZ_ SCO -f m(, IGI�MER� ROY E TALLLY JR Mayor Mayor Pro Tern JOHN E WOZNIAK � o(, R'' "' Councilmember Councilmember CARL WARREN & CO. Insurance Adjusters Claims Administrators P O Box 25180 Santa Ana. CA 92799-5180 (714) 972 -3146 (800) 572 -6900 Date: May 9, 1991 TO: City of Moorpark Attention: Richard Hare Re: Claim: TI Claimant: ;mas 'vs Moorpark DO D /Event: inIC' & Nancy Thomas 8 Rec'd Y /Office: 4 1 _89 2 _tt1 Our File: S 7 -'F,1 11 /'VT We have reviewed the above captioned the action indicated below: -Iaim and request that you take CLAIM REJECTION: Send a standa,1 rejection letter to the claimant. [] CLAIM INSUFFICIENCY: In accord,:,rlce with the telephone UL , 19 , a no,i to the claimant no later conversation -ce of insufficiency must be mailed than _ MAILED TO THE CLAIMANT WITHIN 0 19 DAYS OF RECEIPT•OFTTHE ORIGIN AL CLAIM IN YOUR OFFICE. DO NOT SUBMIT A "REJECTION" Government Code Sections 910 a7n LETTER, See , or SF1 2. . and/or 910.4. �] AMENDED /SUPPLEMENTAL CLAIM: Send the claimant, rejecting this a standard rejection letter to "amended add tional, claim. LATE CLAIM RESPONSE: Return the claimant, advising that Original claim material to the the c.laii recourse is to file a written " is late and that their only Application a Late Claim ". (Retain for Leave to Present copies i,, TO THE CLAIMANT WITHIN 45 DAYS Of your rile.) THIS MUST BE MAILED RECEIPT OFFICE. DO NOT SEND A "REJECTION, -' Section 911. 4 . - - - - -._ OF THE CLAIM IN YOUR LETTER. See Government Code [D APPLICATION REJECTION: Reject s ,_iimant " "Application for Leave to Present a Late Claim" . See t;t errlmerl t Code Section 911.8. TAKE NO ACTION: Defer any writ *t response to the claimant pending our further advice. Please provide us with a copy of the 11 -tice sent, as requested above. If you have any questions, please contact the undersigned. V'e> ta-ui� yours, cc: S.C.J.P.I.A. CAR,; WARREN & COMPANY d J 1. MAY 10 ;, y 0 . Moo,: May 3, 1991 MOORPARK 799 Moorpark Avenue Aoorpark, California 93021 (805) 529 -6864 Carl Warren & Company 1801 Park Court Place, Bldg.. E Suite 208 Santa Ana, CA 92701 Att: Dwight Kunz, Senior Acco siting Manager Subject: Claim: i-riotional distress and loss ,f use of the home Claimant: ' FIOMAS, Dominic A. and 1� Ancy M D/ Incident Report: ;_�r i 1 I :.' , 1991 Dear Mr. Kunz: The attached claim was receive,:, in my office on April 12, 1991 via mail. Please review tr;e claim filing and respond with the necessary instructic s for administering this claim. If you have any questions wit.}i Egard to the substance of the claim, please contact me... Sincerely, Lillian E. Kellerman City Clerk Enclosure cc: Richard Hare, Deputy { t Man is r Y 1- e(W/o enclosure) Joanne Rennie, SCJI'l,� I �, / <,nclosur(' ) claim Itr.fr-m When did DAMAGE ar INJURY occur? Names of any City employees involved Date: 8-11-89-.-to date in INJURY or DAMAGE: Time- n a - city of Moorpark Building and Safety Depi _ J� v C)61 8 AJf?8iaAes, r_ Inc. ,- , . Where did DAMAGE or INJURY OCCUR? Describe full , and locate on diagram on- attached diagram. Where appropriate, give street names and addre�,! aid measurements for landmark's: 4762 Maureen Lane, Moorpark, Ca.1 r-i -a 143021 Describe in detail how DAMAGE or INJURY occurr(,( See attached sheet "Hoop Damage Why do you claim the CITY is responsible? See attached sheet "City Is Res-,-)( Describe in detail each INJURY or DAMAGE: See attached sheet "Dania (ie" ;as damage and /or injury innestigated by polio ,:ame of agency that investigated- _ontractor: +ere paramedics or ambulance. called? No if so, name County or City ambulance - n/-a I� injured, state date, time, name and addre hospital Doctor Addresz; Auc?res, _.= or California Highway Patrol? No c your first visit: n/a Phone Phone .)octer A�;,t:.. Phone " RECEIVED _ APR 1 2 15-91 CLAIM FOR [ t' -PAGES "y of M00r Ac1t'k TO PERSON OR 'ROPER 'rY Name of Claimant Date of Birth of Claimant )OMINIC A. and ?NANCY M. THOMAS 8 -23 -37 Home Address of Claimant City & State Home Telephone Number 1762 Maureen Lane, Moorpark, California 021 805/523 -2525 Business Address of Claimant City & State Business Telephone Number )EPARTMENT OF DEFENSE /ROCKETD`JNE FACILI'l' 818/710 -2820 )633 Canoga Avenue, Canoga Park, Califorr;,_a9L303- Give address & telephone number to which you Claimant's Occupation desire notices or communication to be sent. Cost /Schedule Analysi regarding this claim: Claimant's Social Security Number: 302 -28 -8218 When did DAMAGE ar INJURY occur? Names of any City employees involved Date: 8-11-89-.-to date in INJURY or DAMAGE: Time- n a - city of Moorpark Building and Safety Depi _ J� v C)61 8 AJf?8iaAes, r_ Inc. ,- , . Where did DAMAGE or INJURY OCCUR? Describe full , and locate on diagram on- attached diagram. Where appropriate, give street names and addre�,! aid measurements for landmark's: 4762 Maureen Lane, Moorpark, Ca.1 r-i -a 143021 Describe in detail how DAMAGE or INJURY occurr(,( See attached sheet "Hoop Damage Why do you claim the CITY is responsible? See attached sheet "City Is Res-,-)( Describe in detail each INJURY or DAMAGE: See attached sheet "Dania (ie" ;as damage and /or injury innestigated by polio ,:ame of agency that investigated- _ontractor: +ere paramedics or ambulance. called? No if so, name County or City ambulance - n/-a I� injured, state date, time, name and addre hospital Doctor Addresz; Auc?res, _.= or California Highway Patrol? No c your first visit: n/a Phone Phone .)octer A�;,t:.. Phone WLINESSES TO DAMAGE OR INJURY: List names a; addresses of all persons known to have information: N:ime Mr. Joe Burrow Addr,• ;s 1.3730 Erwin St. Phone818 /782 van uv s Name Mr. Sam Rodriguez Addri 4206 Alamo St. 805/526 - .s Phone Contractor's State License Board Name Ms. Mary Gronde Addrf, ;s_ 1787 Mesa Verde Ave Phone805 /654- V,sv; ✓,cn, cl.1,7 The amount claimed, as of the date of present rion of this claim, is computed as follows: Damages incurred to date (exact):: Damages to property... ................... . . . ......- .......... -$ 125,000. Expenses for medical and /or hospital care ._...........$ Loss of earnings ............ :............. ..... ...................... Special damages for loss of use of home• and _ems ltional.dls.t�eSS..$ 750,000, General Damages..tQ. bP- .C�et�7CT1.li�ec ... , i . ... ............. . ... $ Total Damages to Date ............... ..............$ 875,000. Total amount claimed as of presentation of th _...:aim . ..--- .._... $ 875,000. Estimated prospective damages as far as knc,w•n -- Future expenses for medical and hospital c .................$ Future loss of earnings ...... ........... ._ ................. $ -- Other prospective special damages .......... ................... $ to be cletermin Prospective general damages.. ........... ................. $ to be determin Total estimated prospective damages, .$ to be determin READ SCAR" FU1,LY INDICATE SHOW the location and position of vehicle(s) p pint )f impact. SHOW your vehicle as �> , the other veh:i :e as 2 I_ SHOW the name of the street(s), location o'- p ign.,. signals. r declare the claim, under California Cove r,a::, under penalty of perjucy ,�f the L.Zws of t:hc i NORTH c: 'ion 910, r be true and correct, ci , , -: i s �,� day of HOW DAMAGE OCCURRED As Owner of the home at 4762 Maureen Lane, Moorpark, California, I contracted with JB Construction to Prepare architectural drawings and provide engineering services to secur e a building permit for the room addition and remodel at these premises The Proposal and Contract dated August 11, 1989 states "build room iddition and garage per sta -mped set of plans and itemized estimate, both o', which are a part of this contract ". JB Construction is owned and operated I:y husband and wife, Jill and Robert Weiszmann and is located at 1876 Duncan Street, Simi Valley, California. Telephone number is 8` 51584 -9(1 7 and their state contractors license is #480799. T'he drawing approval and plan check was submitted to the City of Moorpark E�,dding and Safety Department and the drawings were reviewed and permit lees were paid and approved. As work was being done on the home I notice : that s +:ame of it did not seem right, but not knowing much about constru ion : :)ulcl only question the city inspector, Gene Robinson whenever appenect to see him I did notice that nothing changed however, and the i ;pe..tior card would be initialed for acceptance. One major item I recal is that the tile roofing was being installed without any felt under it mentioned it to the contractor, who told me you didn't need felt under t Not being satisfied with his answer, I contacted Mr Robinson fo, verification and was told he wasn't sure but would check for me. The nEl t Jay Mr Robinson stopped by and advised me that felt was necessary, �ut by 1hien, half the tiles were on the roof. The contractor was instructed :D PUT 1' dt on and the roof tiles were removed and felt was added and the ocf was initialed off. Many of the tiles were cracked or broken but wer used anyway. It was later, after JB Construction quit the job, that it wa discovered that 15# felt was installed but the building code anc, manufacturing specifications call for 30 #. The roofing the had to be rem (.: ec and replaced a third time. When JB Construction advised me they vvet easin`i business, I contacted Mr. Joe Burrow, 13730 Erwin Street v i 4 1 y s California 91401, telephone 8181782 -6381, a general contractor ,d bode, ng consultant. Mr. Burrows and another licensed general contra: 'vlr om Pierce, spent time shooting a video showing some of r problems with the construction which were visable without having tc remove anything already applied and in place. Their conclusion and recor nerdaticn is that JB Construction has done a lot of work which does not ° .,e, b.,rl ing code requirements, nor does it meet the test of "good and ir{ nan ,<e Additionally, much of the work is substandard He has r,c 1 0 ic,wec -e plans in many How Damage Occurred Page two instances and one page details doer not support details on another page. Although the building code violation:, which existed were too abundant to enumerate here, two cases in point ire the roof framing and floor clearance. The roof load was being supported by framing which does not bear upon anything solid such as a ` )oting or bearing wall and code requirements require floor clearance oelow floor joists of at least 18 ". The floor was installed before this w�js done and had to be removed which entailed additional expense and resui, +ed in a foss of lumber and insulation. Other major violations noted by Mr. Burrows and Mr. Pierce were that the wall framing will not meet code in rs present condition and bearing foundation walls have not been installed accxding to the plans. Glass block walls and Pella , windows have .peen installed out of square and plumb and not properly caulked. Floors are tot leve and change slope from one part of the room to the other. Cloths °s roos n the closets are not supported and have been installed to,,., c ose t) the wall. Also the foundation vents have not been instal ec acc :rding to the building code. It is their opinion that there was a cor° plete disregard for the fundamental theories of the building codes and 1, oc building practices. We requested another evaluation fi yam Rodriguez Construction, 4206 Alamo Street, Simi Valley, Californ,i 930E3 telephone 8051526 -2430. Mr. Rodriguez submitted the followi, a N.,iolations, 1. PLANS: Not drawn correctly 'Hissing framing details, heat, electrical and plumbing, foundation ( -tails, no cross sections for building. No schedules, no energy calculations footing or floor joist details - code requirements. No nailing schedules, a ren r)c call out on wood connecting hardware, joist hangers A -35 metal e 3tral:3 or footing tie downs, shear transfers. 2. FOUNDATION Raised floor ha cn y 1 " clearance under floor joists, access openings are too small, no orif c<an ge` ender floor area. Foundation vents are not to code, floor• joists of over spanned - no girders or details for same on foundation plan shown }issirg footings under bearing walls. Sub floor installation is wrong, no, r )pert} ;rued or proper ring shank nails used. J C;onstruction contract .used wrong measurements in laying out foundation - oearing wall i, sir a f^oors are not level. no How Damage Occurred Page three footing details or calcs. 3. FRAMING: Not framed as per ;.,ian or owners request. Measurements are wrong, missing let -in braces thr >ughout - missing backing; channels, corners and fire stops. Demolition i)r, existing was not complete - new roof structure has been braced on portions of old existing roof which has to be removed. Doors and windows are installed incorrectly - not square or properly lined up 4. ROOF STRUCTURE: JB Constr -ction Contractor does not have knowledge of roof framing. Roof loa�1 in concrete the 9' build -up walls are wrong - studs are at 24 O C. N( let -in bracing or shear panel in any of them. South and east side of struc ^t.ire, no purlins installed where rafters, hips or valley are lapped. Laps are of ,adequate or nailing. Roof structure is sagging at these places througho.at \ /aile`,s and hips are installed incorrectly, there is no shear transfe at perimeter of structure, no collar ties installed. Roof braces on top of 'lat 2 „x laid on top of ceiling joists causing these ceilings to sag under rc, �f load. Ridges are not braced properly, braces 12' - 10' need to be braced wrtn 4 X 4 or 4 X 6 braces and spanned at 48" O.C. minimum. Dormors at fr )nt and entry roof are not framed right - roof sheathing is installed nc orrectly - some does not break on top of rafters_ Some of tr-)e bracing is from non - bearing walls. Garage ties do not have the proper al. -oof ridge is sagging and walls are pushing out from the roof tile load. j\i w une:r need to be installed and hangers from ridge to ties installed 5. ROOF EXTERIOR FRAME AND f -iM Garage door jambs are installed out of square. All fascia board and arge - afters are installed wrong - lengths are 6' - 8' 10' - some of t,l, materi,:3PS is form lumber used on foundation, joints are all butt joints E -t al (:: rners some do not break on rafter tails. Hips protrude at corner )ast `a� c a board, fascia board barge rafters are not installed strai(:,, 6. SHEATHING AND ROOF TILE: % sctheduie on nailing for sheathing. Part of the roof has been tile has been install j - t nstallation is wrong) 15# felt used - is it is lapped back,,viv for o ater- roofing required) Tile are installed wron,.f Z' iooE is reversed - about 25 %raof How Damage Occurred Page four the is cracked or broken - ridge the rake the installed same way, some areas of roof plywood joints were tare ed in lieu of felt being used. Eve and attic vents have been installed wt :mq side out - mesh is on the outside. Roof leaks now 7. EXTERIOR TRIM AND LATH FOR STUCCO: Foundation vents, access holes not ready to be lathed, faundarion metal drip strip not installed, no "Z" backing or "Z" bar flashing at rak --�s installed where lath has been installed, - lath is incorrectly installe, - will have to be removed and new lath installed. Mr. Rodriguez stated that he has bee - active in construction since 1947 and. this construction is the worst job ` e has ever seen. He could not understand how the City of Moorpark approved the plans without a proper plan check, engineering and energy c, ics and how the building inspector signed some of the work that is ,,, ;lat or, ;i building codes. "CITY IS RF' 'ONS IE .E" The architectural drawinqs and plan, presented to the City of Moorpark Bsj review and approval. The plans wero and omissions existed. Engineering which were crucial for proper constc though code violations existed. "h the foundation to plan, resulting i.-- in wrong location but the permit wa:- that to be a City Engineer requires and /or experience. The entry into City. It is the belief of reasonatl Citv would not allow oneself to hol City has given that person the ricjt- t protect the public. The public hay exists from incompetent contractors pi epa, ed by JB Construction, were l.di nct and Safety Department for approv(�d, however, numerous errors rug ene qy calculations were omitted ,tion. Work was approved even ,or tractor did not frame or pour I- )ear:_n,r walls beinq omitted and /or int iait,d for approval. I believe :,peci,- ilized degree of knowledge --h a L;()sition is controlled by the ,111 - udent residents that the t t 1- is a Citv Engineer unless the :c> to ;o. The law is intended to qht to believe that protection s a .E ;ult of compliance with the building codes. The codes must bi- f f,7,-c� c by competent and knowledge- able Citv Engineers. My wife cal [e� i planning Director, Mr. Pat Richards, and advised him that our_ , m> way neither safe nor up to code as had been related to us by the :n. , l ,_ncj c ,resultant that evaluated the construction work, even though thi:- )� -; :a? been approved by the Cit- Engineer. Mr. Richards advised h�r 6866 Verde Ridqe Road, Rancho Pal,-, contracted by the Citv of tloorpar-� i {. )ott Associates, Inc., 1, ('alitornia 90274, is ? .i ng and Safety, and the senior person is Mr. Dave Baird. f ,� lave Air. Baird look into the matter. Our construct -ion inspect I ;? Robinson, called and asked if he and his supervisor, Mr. Davf, I- C.. 1.10 corne by to have a look City is Responsible Page two at the construction. A few minute plans of our job. My wife infor-me poor a job we have and feel that f3 us some idea long before this of also told Mr. Baird of previously with an inspector because there w, right but needed some expertise ii was advised that the City was not= violations were involved and did we did not know the violations E_Ix a fine line regarding remodelinc a when a family is trying to remoc: f, believes that a owner /builder has chooses as long as it is safe. 'h job was safe and he said "No ". T" job and as they left Mr. Baird st =.ri have ever seen. Everytime I lock wrong." Mr. Baird then instructei: present regarding anything connec, gentlemen asked to see the inspec- rater "iev arrived with a set of Mr. Baird that we now recognize how ildinIa and Safety should have given R C: problems occurring. My wife lirig Building and Safety to talk i tE m that she felt were not quite teterm_ning, (which we lacked). She ,�rcerned unless safety or code �rov-de counseling. At that time E °d . ",Ir. Baird stated that there is rep;, 'he inspector may be more lenient end ! it e in the structure. fie right to a not so perfect job if he y Iry wi _`e asked him if he thought our spent ever an hour going over the 'C' "'-hls is almost the worst job I �rrewhe , e else I find another thing 11. Ro inson that: he wanted to be lif r, job. Neither of these r, -ci r -= with thE� _jobs signed of f.