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Home My WebLink About08-Public Works , c o o .0 FEBRUARY 19,1985 RECEIVED-CITY CLERK MAYOR HOLCOMB AND . 5 MEMBERS OF THE COMMON COUNCn. 8 300 NORTH "0" STREET SAN BERNARDINO, CA. FEB 19 P3 :05 SUBJECT: The unlawful. city demolition permit issued to demolish the California Hotel. Gentlemen: I have j.Jst returned from my meeting with Ralph Prlnceand Jack Matzer Jr., pemuant to the suggestion d. Mr. Matks at yesterday's council. meeting, wherein my hearing was schMl11..n for a meeting approximately two weeks from now, which will be tx:lo late for me, blt good for your common effort to cooperate in the destruction d. my p:operty before the court procedure is resolved. Mr. Matzer said nothing during the entire "discussion". Mr. Prince made every '-'.. excuse for allowinJ the ~uation to exist. He seemed to think that the "contractor" was not demolishing the subject structure bIt merely "removing it." He suggested that I contact the state Contract:oIS License Bcald for action. (The State Contract:oIS License Bcald is backlogged for many months and therefore cannot (rOduce a remedy in time. He tried to connect the "Contractor", as named on the permit in the box labeled "Contractor" with the petllOn signing for the permit. I told him that the "contractor" named on the permit by law is sup(.<eed to have il:s own contract:oIS license and that any peIBOO with a contractor's license is to do b.lsi.ness in the same name as that on the license. FiIst you should be advised that I am writing you today as part d. my pemonal effort to do everyt:hl.ng within my legal and lawful power to STOP the unlawful. demolition cf the California Hol:el, until such time as my a:>urt case is resolved and I have exhausted every lawful. remedy available to me in this 1l'",t+~T. You should know that nothing has been done at the subject ID:>f)ert.y that cannot be reveI5ed. We have xestored Redlands mansions that have had mere dist:ruct:ion done to them by' storms than has cw:rently been done to the California Hotel. I have been informed and do believe and on that basis aU.ege that demolition Permit II 60151, issued by City of San Bernardino. employees, Jdm C. Rcsebraugh, the Superintendant cf Bufiding and Safety, and Mr. James C. ClarIt, inspector for that department, is illegal and unlawful. and must be revoked, rescinded and made void, with all work p:esently being done under that permit stopped immediately for the foUowinJ reasons. A. The above named employees cf the City of San Bernardino did willfuUy and wonto~ become a party to said unlawful. permit, by issuing said permit in the space designated as "CONTRACTOR", to a "prime contractor," located in the ~ - o o o o City of Rialto, California, by the ficticious rosiness name af. CONSTRUCTION UNLIMITED. This unlawful. permit was obI7iously issued to said p:ime CXlntractor without fitst checking the in-house mi.cro-film records or checking with Sacramento to determine the status d. the license said CXlntractor claimed was valid. Due to my subst:ant:ia1. interest in the subject px>jec:t I have personally checked the pilili.c records in Sacramento am discovered, am do hereby put this tribmal on notice, that said p:ime "demolition CXlntractor", CONSTRUCTION UNLIMITED, now in the ~~SS d. demal.ishing and/or removing the subject px>perty, under City permit 1I 60151, not: only does NOT have a valid C-21 demolition contractor's license, as required by law to proceed with the work d~hI;d, but has NO CXlntractars license d. any q.pe whatsoever. I have also discovered that even though the petSOn signing said permit., a Mr. Gary Duncan, has a valid "B" contractor's license It B401448, it is in his name only am not in the name d. the "Contractor", CONSTRUCTION UNLIMITED, in which name said permit was issued. This information was brought to the attention d. Mr. John C. Ra;;ebraugh on January 31, 1985, when stopping the work would have left the four &J::Jry '>.. slructure virtually untouched. He seemed very upset am told me, and I quote, "At this stage, I COULD CARE LESS." He then said, ''the man has a General Contractor's License am thats all I need." As a general contractor myself, with three ,,,'liliHnnal suR;l1.emental i"l,,=lf'ications, I was surprised to discover that he was unaware d. the laws in this area. In the exhibits I handed to each d. you yesterday, February 18, 1985, you will find a signed letter by Mr. Roger J. Schneider, Supervising Depuq. d. the San Bedrnardino District Office of the Contractor's state License Balrd, Department d. Consumer Affairs af the State d. C"lif'iornia, dated January 30, 1985, which nFFi('i"lly states the condition d. the contractor's license in que3t:ion, which is not: the license d. the CXlntractor granted the permit. Furthermore, Mr. Schneider photocopied parts of the state contractor's license law am the Business am Professions Code, am highlighted the parti.cu1ar words regarding the work that a "B" license holder is licensed to do am what he is restricted from doing. This photo CXlpy is also in the ex\:1fuits handed to you yesterday. Section 7057 d. the Business am Professions Code, states, "A general BUILDING contractor is a contractor whose p:::incipal CONSTRUCTION bJsiness is in connection with any Structure brll.t, being brll.t, cr to be brll.t, FO R THE SUPPORT, SHELTER AND ENCLOSURE OF PERSONS, ANIMALS, CHATTELS OR MOVABLE PROPERTY OF ANY KIND, requiring in its ccnst.ruction the use of MORE THAN TWO UNRELATED BUILDING TRADES OR CRAFTS, cr to do cr superintend the whole cr any part thereof."(emphesis added.> As you can r:ea~ see the license is fur CONSTRUCTION only. c '<0. o o o According to Mr. Schneider, Mr. Duncan can not even construct the sidewalk protection baIracades or hold a p:ime contract for demolition under the above stated description of a "a" general contractor's license. Furthermore TITLE 16 Section 834 entitled LIMITATION OF CLASSIFICATION states the fallowing under (B): "A lic:insee cla,.dfi."n as a general building contractor, as defined in section 7057 of the Code, SHALL NOT TAKE A PRIME CONTRACT (exc1uc1in;J framing or carpentry) UNLESS IT REQUIRES AT LEAST THREE UNRELATED BUILDING TRADES OR CRAFTS, OR UNLESS HE/SHE HOLDS THE REQUIRED SPECIALTY LICENSE(S). A GENERAL CONTRACTOR SHALL NOT TAKE A SUBCONTRACT (exc1l.lding framing or carpentry) INVOLVING LESS THAN THREE UNRELATED TRADES OR CRAFTS UNLESS HE/SHE HOLDS THE REQUIRED SPECIALTY LICENSE(S) (emphesis a<Hed) (C) A LICENSEE CLASSIFIED AS A SPECIALTY CONTRACTOR, AS DEFINED IN SECTION 7058 OF THE CODE, SHALL NOT ACT IN THE CAPACITY OF A CONTRACTOR IN ANY CLASSIFICATION OTHER THAN ONE IN WHICH HE/SHE IS CLASSIFIED except on work incidenta1 or su(:plemental to the performance af a contract in a C"1"...ification in which any contractor is licensed by the Board. (Emphesis added). Any petSOn or company involved with demolition of any building MUST HAVE A CLASS C-21 DEMOLITION CONTRACTOR'S LICENSE. TITLE 16, Section 832.21 entitled CLASS C-21 - BUILDING MOVING/DEMOLITION CONTRACTOR, states, "A hl1i1ni"9' moving/DEMOLITION contractor raises, lowers, o:i.ts, urrleqdns, DEMOLISHES am mOVES or REMOVES sl:ruc:tuI:es, i.nchJding their foundations." (See perm wherein it states the fOundations will be :removed.) "This C""'...;fic"tion DOES NOT INCLUDE the alterations, <lly!;nnllS, :repahs or rehabilitation of the permanently :retained portions of such structures. (Emphesis added). Mr. Jdm C. Rc:sebraugh further admitted am confessed to me that it was his idea, am he advised Mr. Duncan on how he could get around the requirement af paying workmans' compensation insurance on his EMPLOYEES by calling them SUBCONTRACTORS. This is a totally unlawful p:-actice a. law without a license am is NOT the legal method to achieve the end desi:red anyway. The advise was taken am is evidensed on the perm by the "Certificate af exemption from workers' compensation insurance" box that was signed by Mr. Duncan.__ Aoc:ording to Mr. Schneider, Mr. Duncan also DOES NOT qualify to subcontract with a NON-contractor up to the $200.00 limit that is available to OWNERS af property. ' Mr. Prince then suggested that I take it up with the department head, Mr. Rc:sebraugh, (which I have done a1J:eady and to no avall..> Am that I could AweaJ. to the Common Council.. An appeal to the common council. will take too long as action must be taken as soon as ~hl.. (TODA Y) to stop the unlawful demolition (or :removal as the case may bel. It has also been my experience that appeals can and are pc6~aed far up to two months, as was done to me yesterday after I ab:eady had a scl'>Mnl",n hearing date am was prompt: in aI'{"""ri'XJ at said time am place "scbednlM." '0 '\,. o . o o Demand is hereby made far you, as IeasOnab1e and prudant men, with enough NOTICE now to be informed, and to become further informed as may be necessary to accept and honor ~ duty and obligation and msponsibility in this matter and to revolk, tescind and make void "demalliion permit." 160151, immediately, in an emergency session if necessary, and to see that the city employees obey the laws d. the land that you have ALL taken an oath to uphold and defend. VER Y TRULY YOURS, ~0~ ROBERT.E.SCHAEFER. 13607 THrRD STREET, YUCAIPA, CA. 92399 (714) 795-5881 ce. Mr. Schneider, THE SUN, and KPRO