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Home My WebLink About2/6/2002 - STAFF REPORTS (28) i Robert &c Thomas Van Luen Phone- (760) 323-4755 an Eisen 1379 r Place e-mail: � Palm Springs, CA 92262-4974 rohcrt-r.vaneltenCwcrixon.nel i p a, Wednesday, February 6, 2002 a ✓ r City Council City of Palm Springs 3200 E. Tahquitz Canyor Way Palm Springs, CA 92263-2743 Dear Council Members, 1 am addressing you this evening regarding questions I have regarding the Building Department of the City of Palm Springs. On December 12, 2000 I wrote a letter (copy attached) to Mr. Gary Bitterman regarding the fact that our home did not meet the UBC requirements for attic ventilation. Four months later an occupancy permit was issued and we were forced to close escrow on our home, even though it still had national building code violations. Today, almost 14 months later, these violations have still not been fixed. We thought we were making progress when on January 14, 2002, Ms. RellerSpurgin and several representatives of the Building Department visited our development. As a result of that visit we were assured that the developer would be held accountable and no more occupancy permits would be issued until all violations were corrected. The attached e-mail from Doug Evans to David Ready dated January 15, 2002 states: "As noted below we will hold the last two homes. The developer will scream shortly since he will have buyers with escrows pending. Once we release the last homes our leverage will be gone. FYL" It appears that the developer screamed and the Building Department caved in, as a `Certificate of Occupancy - City of Palm Springs' was issued for 1378 Barrymore Place (copy attached) dated 2-5-02, In my opinion, the 34 homes in our development which have been issued occupancy permits ALL have one or more national, state, or local code violations. Who is the building department protecting? The homeowners or the developer? Since the building department has lied to us, we are asking you to investigate and reply to us in writing. What is going on? Sincerely, Robert R- Van Etten Thomas J. Van Etten Attachments vanEnen 1379RobertB r Thomas Van Etten Phone' (760)534.2596 - Y379 Barrymore place (760)534.2596 Palm Springs, CA 92262.4974 e-mail trvanetten a earthlinlc.net Tuesday,December 12, 2000 I i i Mr. Gary Bitterman,Building Official City of Palm Springs ! 3200 E. Taliquitz Canyon Way Palm Springs, CA 92263-2743 Dear Mr.Bitterman: We have purchased a home(Lot 27 in The Colony of El Mirador)which is being built for us by Bergheer California,Inc.,doing business as KA.RL O BERGHEER(Contractor License#554183)and VIENTO CONSTRUCTION COMPANY(Contractor License# 747964). We recently received a packet of energy conservation information distributed by PG&E, under the auspices of the California Public Utilities Commission. We found their discussion of ventilation very interesting,especially the paragraph on attic ventilation. They point out that energy requirements can be,reduced by 10%,provided your attic is properly ventilated with intake and exhaust vents. The Roof Plan for our model(No.3)specifies on sheet A5.0 that the air intake for the attic ventilation system is to consist of 121 lineal reet of soffit vents(9.42 S.l./L.F.)for a total of 1139.82 square inches. The air is to be exhausted through seven dormer vents providing a total capacity of 1260 square inches. On the basis of a cursory examination of our home and all of the currently completed homes, it appears that NONE of them have any soffit vents installed,effectively crippling the attic ventilation system. We find this very disturbing,especially in light of the current energy crisis and Title 24,Part 6-California Energy Code requirements- We would like to know before we take alternative action: L Does the City of Palm Springs have the authority to require Bergheer California,Inc- to adhere to the plans as submitted to and approved by the City of Palm Springs? 2. If it does,what action is required on our part in order to assure that these energy conservation procedures are effectively implemented? We would appreciate a prompt written response to our questions. Thank you for your assistance in this matter. Sincerely, Robert R.Van Etten Thomas J. Van Etten Page 1 of? i r ' Subj: FW: Bergheer Tract Date: 1118/02 5:49:53 PM Pacific Standard Time From: Dav1dR@c1.pa1m-spAngs.ca.us(David Ready) To: combscocco@aoLcom(combscocco@aoLcom) i i per your request, David a --Original Message----- a From: Doug Evans > Sent: Tuesday, January 15, 2002 1:04 PM >To: David Ready n Cc: Jeanne Reller-Spurgin a Subject: FW: Bergheer Tract •As noted below we will hold the last two homes. The developer will scream • shortly since he will have buyers with escrows pending. Once we release •the last homes our leverage will be gone. FYI. a --Original Message----- • From: Gary Bitterman • Sent: Tuesday, January 15, 2002 8:15 AM a To: Doug Evans • Subject: Bergheer Tract n a We have assembled a list of the complaints from our field visit yesterday • and will be following up with the contractor. There are only two remaining > homes to be finalized in the tract. It is our intent to withhold occupancy n of these homes until the code related issues from yesterday are resolved. a I expect that the contractor will blame the situation on the city and we • will be hearing from the homeowners who want to move in. -- -------------------- Headers—------------------------ Return-Path: aDavidR@cLpalm-springs.ca.us> Received: from rly-yd01.mx.aol.com (rly-yd01.msil.aol.com 1172.18.150.1)) by air-yd03.mail.aol.com (v82.22)with ESMTP id MAILINYD32-0118204953; Fri, 18 Jan 2002 20:49:53-0500 Received: from sophocles.ci.palm-springs.ca.us (epimenides.ci.palm-springs.ca.us(209.241.143.41]) by rly- ydOl.mx.aol.com (v82.22)with ESMTP id MAILRELAYINYDI8-0118204948; Fri, 18 Jan 2002 20:49:48-0500 Received: (from mail@localhost) by sophocles.ci.palm-springs.ca.us (8.11.2/8,11,2) id g0J103B06123 for<combscocco@aol.com>; Fri, 18 Jan 2002 17-50-03-0800 X-Authentication-Warning:sophocles.ci.palm-springs.ca.us: mail set sender to <DavidR@rLpalm- 5prings.ca_us> using-f Received: from mail-server.ci.palm-springs.ca.us(10.0.0.93) by sophocles.ci.palm-springs.ca.us via smap (V2.1) id xma006008; Fri, 18 Jan 02 17:40:06-0800 Received: by mail-server.ci.palm-springs.ca.us with Internet Mail Service (5.52653.19) id <4WPT97X2>; Fri, 18 Jan 2002 17:40:03-0800 Message-ID: <75D9FEC043EED211A3270090273F5094DF7B49@mail-server.ci.palm-springs.ca.us> From: David Ready aDavidR@ci.palm-spdngs.ca.us> To: "'combscocco@aoLcom"' <C0mbscocc0@a0LC0mn Subject: FW: Bergheer Tract Date: Fri, 18 Jan 2002 17:39-53-0800 MIME-Version: 1.0 X-Mailer. Internet Mail Service (5.5.2653.19) CERTIFICATE OF OCCUPANCY - CITY OF PALM SPRINGS This is to certify that the building or tenant space, hereby described, has been inspected. The following oceuPancy group and type of construction is authorized: ADDRESS OF PROPERTY: 1378 Barr ore Place OCCUPANCY GROup : R3 Ul TYPE OF CONSTRUCTIOIQ VN BUSINESS NAME : BUSINESS TYPE : NUMBER OF UNITS OCCUPANT LOAD: LEGAL DESCRIPTION OF PROPERTY: APN 507-110-024 BLDG PERMIT OR BUS LICENSE NO. & DATE ISSUED : B40552 - 11I6/00 TENANT OR OWNER OF PROPERTY: Beraheer Calif W SS : 1601 Dove St. Ne ort Beach CA cial Authorized Signatu - B cky _ y n Date : Title : Senior Building Inspector THIS CERTIFICATE MUST SE POSTED AND PERMANENTLY MAINTAINED IN A CONSPICUOUS PLACE