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building permit records to the individual homeowners; however, the <br />matter is between the developer and the homeowner. The City is not <br />a guarantor. Councilmember Bennett asked if it was possible to <br />research to see if there is any recourse if City did tell the <br />developer not to build the sunken living rooms and the developer <br />went ahead and built them anyway. City Attorney Biggs replied that <br />if the houses were constructed contrary to the City's approval, <br />then there might something the City could follow through with. <br />Councilmember Bennett asked who would be responsible for <br />researching that. City Attorney Biggs said Mr. David Zamora is the <br />Community Development Director. Councilmember Bennett requested <br />that City Manager Martinez instruct Director Zamora to research the <br />matter and that he be given a two week period for completion. <br />Mayor Fulp said there were similiar problems in La Loma Hills and <br />recommended that the City send a letter to those residents, <br />advising them as to what the City can and cannot do. City Attorney <br />Biggs informed that the City's assistance is very limited. <br />Councilmember Bennett asked if staff could also contact Topa Bank <br />and find out how many people have problems, such as leaking floors, <br />roofs, etc. for Council's information. City Attorney Biggs replied <br />that she was unconfortable with that, in that, it might be <br />construed to be an admission that the City has some responsibility <br />or liability. Councilmember Bennett asked if the Council did not <br />have a right to know what is going on in that tract or any other <br />poriton of the City. City Biggs advised that Councilmember Bennett <br />as an individual had that right; however, her concern is with <br />official action by the Council. <br />Mr. Steve Anderson, 3049 East Canyon Vista Drive, said he was <br />pleased to see some comments coming from Councilmember Bennett with <br />regard to the documents requested. He complained that while <br />researching the records of the Community Development Department <br />with regards to construction of his home, that he received a letter <br />from City Attorney Biggs stating that was all he was going to <br />receive unless he wished to subpoena any further documents. Mr. <br />Anderson said he did not want the residents to go away thinking <br />obtaining the records they want is going to be a simple process. <br />Mr. Anderson said that when he stated that he wanted any and all <br />documents pertaining to the construction of his home and <br />development, that is exactly what he meant. He said he was <br />invoking his right to access of public records beginning from the <br />inception to the end, all phases. He stated he also wanted <br />documents pertaining to Council action waiving fees. He said it <br />had come to his attention that fees were waived that did not have <br />Council approval and that this was done by the former Mayor. He <br />said it was time to find out if there was fraud and that he did not <br />want to sue the City. <br />Mr. Anderson said with regard to his statement on constant manning <br />5 <br />MAR 0 7 1995 <br />