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Home My WebLink AboutAGENDA REPORT 1991 0807 CC REG ITEM 08E! / 17 6, ITEM MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 MEMORANDUM TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development J DATE: August 1, 1991 (CC MEETING OF 8-7-91) SUBJECT: TRACT 2865 (PARDEE CONSTRUCTION COMPANY) FIREPLACE CHIMNEY TERMINATION SHROUDS - STATUS REPORT The attached memorandum to the City Council dated June 11, 1991 provides background from April 3, 1991 through June 19, 1991 regarding this matter. At the Council's meeting of June 19, 1991; staff had identified that no communication had been received from Pardee Construction Company regarding a resolution to provide a replacement approved "shroud like" spark arrestor to dwellings within Tract 2865. At that time, Council directed staff to continue working with Pardee Construction Company to resolve this matter. On June 20, 1991, staff received a letter from Mr. Charles L. Birke, Attorney for Pardee Construction Company regarding the city's request to install a "shroud like" spark arrestor on the homes within Tract 2865. DISCUSSION Although not stated directly, it is apparent that the Pardee Construction Company is not willing to resolve the concerns of the Tract residents or the City regarding this matter. STAFF RECOMMENDATION That the City Council receive and file this report. MOORPARK, CAUFORNIA City Cougdl Meeflng of 1991 Attachment ACTION: By PAUL W. LAWRASON JR. BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR. JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember Councilmember Councilmember ITEM 90, ODS MOORPARK 799 Moorpark Avenue Moorpark, California 93021 MEMORANDUM TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community DATE: June 11, 1991 (CC meeting of 6/19/91) (805) 529-6864 Development SUBJECT: TRACT 2865 (PARDEE CONSTRUCTION COMPANY) FIREPLACE CHIMNEY TERMINATION SHROUDS - STATUS REPORT Background On April 3, 19 91 1 the Citv Council heard public comment on the chimney terminations within TR-2865, a Pardee Construction Company development. At that time it was brought to the Council's attention that the untested "shrouds" had been removed _ from many of the homes within the tract. The removal improved the safety of the terminations but altered the appearance of the homes. Council directed staff to report on the extent of the repairs necessary to restore the appearance of the homes. Staff contacted the Pardee Construction Com[any regarding this matter and received a written reply (letter dated April 10, 1991) from Mr. David Geduld, Director of Customer Relations at Pardee Construction Company. On April 19, 1991 the Council received a report on the nature of the repairs that would be necessary, and heard comments from Mr. Geduld at the Council's regular meeting that date. At that time the council directed staff to report back on the type of replacement spark arresters that are available. On May 1, 1991 staff provided the Council with line drawings of available spark arresters, for the three manufactures whose products were used in the Pardee tract. Also, at the May 1, 1991 Council meeting staff was instructed to send a letter to Pardee Construction notifying them that they are in violation of their Residential Planned Development Permit. Staff sent a letter to Pardee Construction Company on May 6, 1991 per the Council's direction and set May 15, 1991 as an office hearing regarding the matter. PAUL W LAWR:.0 N JR. 13ERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR. JORN E. WOZNIAK Mayor Mayor Pro Tern Councilmemoer Councilmember Councilmember TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: June 11, 1991 (CC meeting of 6/19/91) SUBJECT: TRACT 2865 (PARDEE CONSTRUCTION COMPANY) FIREPLACE CHIMNEY TERMINATION SHROUDS - STATUS REPORT Page -2- On May 15, 1991 the Director of Community Development met with Mr. Willard Teller, Assistant Vice President/Project Manager - Ventura County. The meeting was positive and Mr. Teller assured the Director that Pardee Construction had not "closed the door on the matter". Mr Teller explained that the Pardee main office had not yet made a specific decision regarding the matter and he would need about two weeks in order to work this issue through his organization. At the conclusion of this meeting Mr. Teller agreed to review what options were available to Pardee so as to replace the old metal shroud with an approved "shroud like" spark arrestor. On May 31, 1991 staff set a follow up letter to Mr. Teller inasmuch as no word had been received from Pardee Construction Company regarding this matter. A written reply was requested no later than June 4, 1991. On June 6, 1991 the Director received a telephone call from Mr. Teller who advised that the matter had been turned over tho Mr. David Geduld of Pardee Construction Company. Also, that Mr. Geduld was collecting additional information in order to present a proposal for resolution to the city. On June 10, 1991 staff contacted Mr. Geduld and requested a status on this matter. Mr. Geduld advised staff that he was in receipt of the May 31, 1991 letter which arrived on June 5, 1991. Mr. Geduld requested from staff a written policy on chimney shrouds throughout the city, and indicated that another meeting should be held to discuss this issue. Mr. Geduld stated that he would forward a faxed reply of his intentions within the next few days. As of the date of this memorandum staff has yet to receive any material from Mr. Geduld. Staff Recommendation That the City Council direct staff to continue working with Pardee Construction Company so as to resolve this matter. Also, that staff is to provide a status report to the Council no later than July 17, 1991. R'.` •`\D C. SANDLER C-=.=__ES L. BIRKE ST _ E. LEVY F. TISCH CR-.C BIRKER .ti:.=. J. FOX .1,1;'. =-CHU C. KEEFE L. SKLAR CIA A. JOHNSON R;,: =.='RD V. SANDLER COUNSEL == ROSEN (1910-1985) SANDLER AND ROSEN COUNSELLORS AT LAW SUITE 510 GATEWAY WEST • CENTURY CITY 1801 AVENUE OF THE STARS LOS ANGELES, CALIFORNIA 90067 June 19, 1991 Mr. Patrick J. Richards Director of Community Development CITY OF MOORPARK 79.9 Moorpark Avenue Moorpark, California 93021 TELEPHONE (213, 277-..'411 OR (213) 879-9161 CABLE ADDRESS RAYNELS TELECOPIER (213) 277-5954 OUR FILE NUMBER: 2P-3.1333 Re: Pardee Constr. Co. - Fireplace Chimney Termination Shrouds Dear Mr. Richards: The undersigned are attorneys for Pardee Construction Company. We have been asked to respond to your letter of May 6, 1991 to Willard B. Teller. Pardee rejects the allegation that upon removal of the fireplace chimney termination shrouds, Pardee was in violation of Planned Development Permit No. 851 for Tract 2865. The removal was done at the direction of the City of Moorpark Building Department because the existing shroud presented a fire safety hazard. In its press release of January 19, 1990, the City directed homeowners to remove unapproved shrouds. The release made no mention of restoration of elevations. On February 4, 1991, the Moorpark Building Department confirmed: "By removing the 'shrouds,' you have restored the fireplace installations to the condition in which they were laboratory tested for safety. Please be advised that reinstalling an untested and unlisted component onto a completely tested and listed assembly would constitute a violation of the Mechanical Code as adopted. The Building Department will not issue a permit for such work nor will the Building Department approve such work. I understand that the owners have certain aesthetic concerns. I would remind them, however, that these 'shrouds' have been involved in three structural fires in the City of Moorpark and many more around the state. The life safety of the occupants of these buildings must remain the primary focus of our concern." C223BDL.021 Gi, :i Mr. Patrick J. Richards Director of Community Development CITY OF MOORPARK June 19, 1991 Page 2 The City of Moorpark issued certificates of occupancy despite the fact that apparently, the shrouds as originally constructed did not conform to the Mechanical Code. Pardee has already incurred additional expense to remove the potential safety hazard. Pardee has no further or ongoing obligations under Planned Development Permit No. 851, nor any other permit. We are informed that the City has not made demands upon all homeowners to meet asthetic criteria concerning elevations. Pardee's prompt response to the safety problem was welcomed by the City and homeowners. Yours truly, SAN R AND Charles L. Birke CLB:dr cc: Wesley Lester Willard Teller David Geduld Cheryl Kane, Esq. 002P3BDL.021