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HomeMy WebLinkAbout1989/08/16 - MinutesAugust 16, 1989 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CALL TO ORDER A regular meeting of the City Council met on Wednesday, August 16, 1989, at the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga, California. The meeting was called to order at 7:43 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: William J. Alexander, Deborah N. Brown, Pamela J. Wright (left the City Council meeting at 1:30 a.m.), and Mayor Dennis L. Stout. Also present were: Jack Lam, City Manager, Linda D. Daniels, Deputy City Manager; Jerry Fulwood, Deputy City Manager; James Markman, City Attorney; Diane O'Neal, Administrative Analyst; Patty Rif fel, Executive Assistant; Susan Mickey, Administrative Aide; Rick Gomez, Community Development Director; Brad Buller, City Planner; Bret Horner, Associate Planner; Steve Ross, Assistant Planner; Russell Maguire, City Engineer; Paul Rougeau, Traffic Engineer; Walt Stickney, Associate Engineer; Mike Olivier, Senior Civil Engineer; John Martin, Associate Civil Engineer; Jerry Grant, Building Official; Jim Hart, Administrative Services Director, and Debra J. Adams, City Clerk. Absent was Councilmember: Charles J. Buquet II. Jack Lam, City Manager, stated it is requested that Items B1, F3, F4, FS and F6 be continued to the September 6, 1989 meeting. He further announced Item G2 will be re -noticed in The Daily Report for legal reasons, and that the item will be back at the September 20, 1989 meeting. B ANNOUNCEMENTS/PRESENTATIONS Bl. Presentation of 10 -year pin to Dan Coleman, Principal Planner. ITEM CONTINUED TO THE SEPTEMBER 6, 1989 MEETING City Council Minutes August 16, 1989 Page 2 C. COMMUNICATIONS FROM THE PUBLIC - Cl. David Rogoff, 8229 Placida Court, stated the City had made some improvements on his street, and that he was originally told his street could have sidewalks. He stated he is now being told that because of the width of the street they cannot get sidewalks. Mayor Stout asked that this item come back at the September 6, 1989 City Council meeting for further discussion. C2. Tom Albrecht, 6434 Tackstem Place, asked when 19th and Haven was going to be finished and when Highland will be reopened. He also asked about Milliken being extended. Mayor Stout stated that all of his concerns would be discussed later in the meeting. Tom Albrecht stated he also had some concerns regarding his property assessments. He was referred to Jerry Fulwood, Deputy City Manager to discuss this with him. F. D. CONSENT CALENDAR D1. Approval of Minutes: July 19, 1989. D2. Approval of Warrants, Register Nos. 8/2/89 and 8/9/89 and Payroll ending 8/3/89 for the total amount of $3,698,098.52. D3. Approval to authorize the advertising of the "Notice Inviting Bids" for the Milliken Avenue Median from 4th to 6th Streets and East Side Entry Monument Improvement Project, to be funded from Beautification Funds, Account Nos. 21- 4647-8814 and 21-4647-8719 (FY 89/90). ITEM REMOVED FOR DISCUSSION BY _,OUNCILMEMBER WRIGHT {0601-01 BID} RESOLUTION NO. 89-360 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "MILLIKEN AVENUE MEDIAN IMPROVEMENT FROM 4TH TO 6TH STREETS AND EAST SIDE ENTRY MONUMENT", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D4. Approval to authorize the advertising of the "Notice Inviting Bids" for the Etiwanda Avenue Cobblestone Curb and Gutter Improvement Project located on the west side of Etiwanda Avenue, north of Victoria Street, to be funded from Beautification Funds, Account No. 21-4647-8822 (FY 88/89). (0601-01 BID) City Council Minutes August 16, 1989 Page 3 RESOLUTION NO. 89-361 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ETIWANDA AVENUE COBBLESTONE CURB AND GUTTER" LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE, NORTH OF VICTORIA STREET, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval to authorize the advertising of the "Notice Inviting Bids" for the (3� Haven Avenue Median, Phase IV -A Improvement Project, located from Haven Village Drive to Highland Avenue to be funded from Beautification Funds, Account No. 21- 4647-8795 (FY 89/90). (0601-01 BID) RESOLUTION NO. 89-362 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "HAVEN AVENUE MEDIANS, PHASE IV -A IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D6. Approval to assign two crossing guards to Amethyst Avenue in the vicinity (4) of Alta Loma Elementary School, based on the recommendation of the Public Safety Commission. (1301-05 CROS GUARD) D7. Approval to purchase riding lawn mower and required trailer from C.R. (5) Jaeschke, Incorporated of San Diego, California, for the amount of $25,107.38 to be funded from Account Number 72-4225-7045 (FY 89/90). ITEM REMOVED FOR DISCUSSION BY COUNCILMEMBER BROWN (0600-00 PURCHASE) D8. Approval to execute Renewal Agreement (CO 89-136) for the Landscape (6) Maintenance Contract for Haven Median Islands and San Bernardino County Flood Control Wash Ends to Mariposa Landscapes, Incorporated of South E1 Monte, California, for the amount of $133,510.00 to be funded by General Fund, County Flood Control Agreement, Landscape Maintenance Assessment Districts 3B and 4; Account Numbers 01-4647-6028, 08-4647-6028, 46-4130-6028 and 43-4130-6028, respectively (FY 89/90). (0602-01 CONTRACT) D9. Approval to execute Renewal Agreement (CO 89-137) for the Landscape (7) Maintenance Contract for Landscape Maintenance Districts 2 and 4 to Landscape be funded by West of Los Angeles, California, for the amount of $251,916.00, to 41-4130-6028 and Landscape Maintenance Assessment District 2 and 4; Account No.s 43-4130-6028, respectively (FY 89/90). ((0602-01 CONTRACT) D10. Approval to execute Renewal Agreement (CO 89-138) for the Landscape (8) Maintenance Contract for General Fund Parkways and Landscape Maintenance Assessment Districts 1, 3A, and 5 to Landscape West of Los Angeles, California, Fund and Landscape for the amount of $234,779.00 to be funded by General 1, 3A, and 5; Account Nos. 01-4647-6028, 40- Maintenance Assessment Districts 44-4130-6028 (FY 89/90). (0602-01 CONTRACT) 4130-6028, 42-4130-6028 and City Council Minutes August 16, 1989 Page 4 (9) D11. Approval to execute contract (CO 89-139) for services with Inland Mediation Board for Senior Shared Housing Services in the amount of $6,300.00 to be reimbursed by Community Development Block Grant Funds. ((0602-01 CONTRACT) (10) D12. Approval to execute contract (CO 89-140) for services with Inland Mediation Board for a Fair Housing Program and Housing Information and Counseling Services in the amount of $8,975.00 to be reimbursed by Community Development Block Grant Funds. (0602-01 CONTRACT) (11) D13. Approval to execute an amendment to a Professional Services Agreement (CO 89-141) with Michael Brandman Associates, Incorporated for additional services for the preparation of an Environmental Impact Report for the Etiwanda North Specific Plan not to exceed $14,036.00, with said amount to be reimbursed by the Applicant. (0602-01 CONT AMEN) (12) D14. Approval to award and execute agreement (CO 89-142) for the Beryl and Lions Park Tennis Courts Improvement Project to Hubbs Equipment and Construction, San Bernardino, California, for the amount of $870,019.00 plus 10% contingency to be funded from Park Development Funds 20-4532-8006 and 8007, 1984 State Bond Act Funds 29-4532-8619 and 8920, and 1985-86 Roberti-Zeberg 20-4532-8619. (0511-01 AWARD) (0602-01 CONTRACT) (13) D15. Approval to execute Agreement for Installation of Public Improvement and Dedication (CO 89-143) between Robert W. Smith and Cheryl L. Smith and the City of Rancho Cucamonga for Drainage Improvements located along the northwest corner of the Smith parcel for the Hidden Farm Culvert project. (0602-01 AGREE IMPR) RESOLUTION NO. 89-363 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING AN AGREEMENT FOR INSTALLATION OF PUBLIC IMPROVEMENT AND DEDICATION FROM ROBERT W. SMITH AND CHERYL L. SMITH, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME (14) D16. Approval to execute Agreement for Installation of Public Improvement and Dedication (CO 89-144) between Walter Q. White and Gayle M. White and the City of Rancho Cucamonga for Drainage Improvements located along the southeast portion of the White parcel for the Hidden Farm Culvert Project. (0602-01 AGREE IMPR) RESOLUTION NO. 89-364 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING AN AGREEMENT FOR INSTALLATION OF PUBLIC IMPROVEMENT AND DEDICATION FROM WALTER Q. WHITE AND GAYLE M. WHITE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME (15) D17. Approval to execute Agreement for Installation of Public Improvement and Dedication (CO 89-145) between Henry Martinez and Joan E. Martinez and the City of Rancho Cucamonga for Drainage Improvements located along the northeast portion of the Martinez parcel for the Hidden Farm Culvert project. (0602-01 AGREE IMPR) City Council Minutes August 16, 1989 Page 5 RESOLUTION NO. 89-365 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING AN AGREEMENT FOR INSTALLATION OF PUBLIC IMPROVEMENT AND DEDICATION FROM HENRY MARTINEZ AND JOAN E. MARTINEZ, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME D18. Approval of a Lease Agreement (CO 89-146) with Metropolitan Water District (16) for use of six acres of District property for Beryl Park for $1,200.00 per year. (0602-01 AGREE LEAS) D19. Approval to execute Contract Change Order No. 1 (CO 89-147) for the (17) Hillside Avenue Storm Drain and Street Improvements from Archibald Avenue to the Upper Alta Loma Channel, by Associated Engineers, Incorporated, for the additional study and design of local drainage facilities, as required by San Bernardino County Flood Control, in the amount of $3,500.00 to bring the new contract total amount to $14,700.00 to be funded by City-wide Storm Drain Fees Account No. 23-4637-8862 (FY 88/89). (0602-01 CONT AMEN) D20. Approval of Parcel Map, execution of Improvement Agreement, Improvement Security, Real Property Improvement Contract and Lien Agreement (CO 89-148), and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Parcel Map 5996, located south of Wilson Avenue, east of Mayberry Avenue, submitted by Randolph S. Davis and Sandra P. Davis. (1002-09 MSPZ) (0602-01 AGREE IMPR) (0602-01 AGREE LIEN) (0401-03 ST LT MD) (0401-03 LNSCAPE MD) RESOLUTION NO. 89-366 (18) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 5996, (TENTATIVE PARCEL MAP NO. 5996), IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT RESOLUTION NO. 89-367 (19) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP 5996 D21. Approval to execute Improvement Agreement Extension for CUP 84-34 located (20) on the northeast corner of Base Line Road and Carnelian Avenue submitted by MBWJ Properties. (0602-01 AGREE EXTN) City Council Minutes August 16, 1989 Page 6 RESOLUTION NO. 89-368 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR CUP 84-34Da) Approval to execute Improvement Agreement Extension for Tract 13442 Kenyon Park, located on the northwest corner of Kenyon Way and Lark Drive, submitted by William Lyon Company. (0602-01 AGREE EXTN) (21) D22. Approval to execute Improvement Agreement Extension for Tract 13442 Kenyon Park, located on the northwest corner of Kenyon Way and Lark Drive, submitted by William Lyon Company. RESOLUTION NO. 89-369 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13442 KENYON PARK (22) D23. Approval of reduction of Faithful Performance Bond for Tract 12671-1 through -4 located on the northwest corner of Milliken Avenue and Mountain View Drive, submitted by Lewis Homes of California. (0602-01 BOND ACCEPT) Release: Faithful Performance Bond (Street) $1,034,000.00 Accept: Faithful Performance Bond (Street) $ 103,400.00 D24. Approval to accept Improvements, Release of Bonds and Notice of Completion for: (0602-01 BOND REL) (0704-18 NOT COMPLT) (23) Tract 10414 located on Riverside Avenue between Hillside Road and Vista Street Release: Faithful Performance Bond (Street) $ 322,250.00 Accept: Maintenance Guarantee Certificate of Deposit (Street) $ 32,250.00 RESOLUTION NO. 89-370 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 10414 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK (24) DR 87-16 located on the west side of Etiwanda Avenue between Foothill Boulevard and Arrow Route Release: Faithful Performance Bond (Street) $ 10,000.00 r City Council Minutes August 16, 1989 Page 7 RESOLUTION NO. 89-371 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 87-16 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK DR 88-18 located on the west side of Santa Anita Avenue 2,000 feet north (25) of 4th Street Release: Faithful Performance Bond (Street) $ 14,000.00 RESOLUTION NO. 89-372 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 88-18 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK DR 87-09 located on the south side of Arrow Route 2500 feet west of (26) Rochester Avenue Release: Faithful Performance Bond (Street) $ 408,000.00 RESOLUTION NO. 89-373 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 87-09 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D25. Approval to accept Improvements, release of Maintenance Guarantee Bond for: (0602-01 BOND REL) Road Tract 11577 located on the west side of Hermosa Avenue south of Base Line (27) Maintenance Guarantee Bond (Street) $ 4,900.00 Tract 12670-1 through -4 located on the south side of Base Line Road (28) between Spruce Avenue and Milliken Avenue Maintenance Guarantee Bond (Street) $ 82,995.00 Tract 13062 located on the north side of 19th Street between Amethyst (29) Avenue and Archibald Avenue Maintenance Guarantee Bond (Street) $ 26,100.00 MOTION: Moved by Wright, seconded by Brown to approve the Consent Calendar with the exception of items D3 and D7. Motion carried unanimously 4-0-1 (Buquet absent). City Council Minutes August 16, 1989 Page 8 DISCUSSION OF ITEM D3. Approval to authorize the advertising of the "Notice Inviting Bids" for the Milliken Avenue Median from 4th to 6th Streets and East Side Entry Monument Improvement Project, to be funded from Beautification Funds, Account Nos. 21-4647-8814 and 21-4647-8719 (FY 89/90). Councilmember Wright asked if any funds, other than Beautification Funds, would be used. Paul Rougeau, Traffic Engineer, stated no. RESOLUTION NO. 89-360 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "MILLIKEN AVENUE MEDIAN IMPROVEMENT FROM 4TH TO 6TH STREETS AND EAST SIDE ENTRY MONUMENT", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS MOTION: Moved by Wright, seconded by Stout to approve Resolution No. 89-360. Motion carried unanimously 4-0-1 (Buquet absent). DISCUSSION OF ITEM D7. Approval to purchase riding lawn mower and required trailer from C.R. Jaeschke, Incorporated of San Diego, California, for the amount of $25,107.38 to be funded from Account Number 72-4225-7045 (FY 89/90). Councilmember Brown questioned if the City should purchase a machine that is going to be outlawed because of it having a gasoline engine. Paul Rougeau, Traffic Engineer, stated he would hope that the Air Quality Management District would have alternate methods if they were to outlaw this. Mayor Stout asked if this could be held for two weeks to allow time for an investigation into this. Russell Maguire, City Engineer, stated this engine could be converted to an alternate fuel source if needed. Councilmember Brown asked if there were lawn mowers available that do not use gasoline, and has the City checked on this. Russell Maguire, City Engineer, stated they have checked into it, and that eventually they would have the capability to convert the City's machines as they come on line. MOTION: Moved by Brown, seconded by Alexander to approve the purchase of the riding lawn mower and required trailer. Motion carried unanimously 4-0-1 (Buquet absent). City Council Minutes August 16, 1989 Page 9 E. CONSENT ORDINANCES - E1. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT 89-01 - CITY OF (30) RANCHO CUCAMONGA - Establishment of criteria for car washes within Neighborhood Commercial Districts. (0203-03 DC AMEND) Debra J. Adams, City Clerk, read the title of Ordinance No. 398. Mayor Stout asked if the City has received any additional information regarding Ordinance No. 398. Brad Buller, City Planner, stated no. ORDINANCE NO. 398 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING CAR WASHES WITHIN NEIGHBORHOOD COMMERCIAL DISTRICTS MOTION: Moved by Brown, seconded by Wright to waive full reading and approve Ordinance No. 398. Motion carried unanimously 4-0-1 (Buquet absent). E2. AMENDMENT TO THE CONDOMINIUM CONVERSION ORDINANCE - An amendment to Chapter (31) 17.22 of the Municipal Code, modifying parking requirements for condominium conversions to be consistent with Development Code parking requirements. (1163-01 PK & TRF) Debra J. Adams, City Clerk, read the title of Ordinance No. 399. ORDINANCE NO. 399 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 17.22 OF THE MUNICIPAL CODE, MODIFYING PARKING REQUIREMENTS FOR CONDOMINIUM CONVERSIONS TO BE CONSISTENT WITH DEVELOPMENT CODE REQUIREMENTS MOTION: Moved by Brown, seconded by Wright to waive full reading and approve Ordinance No. 399. Motion carried unanimously 4-0-1 (Buquet absent). F. ADVERTISED PUBLIC HEARINGS F1. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 89-03 - CITY OF RANCHO (32) CUCAMONGA - An amendment to the circulation element of the Rancho Cucamonga General Plan to restore through traffic to Highland Avenue between Haven Avenue City Council Minutes August 16, 1989 Page 10 and Deer Creek Channel, with a connection to Highland Avenue from --19th Street near San Benito Avenue. Staff report presented by Paul Rougeau, Traffic Engineer. (0203-03 GP AMEN) Mayor Stout asked if this has been processed through Caltrans. Paul Rougeau, Traffic Engineer, stated they have obtained permits from Caltrans. Jack Lam, City Manager, stated there is new leadership at Caltrans and the City has been meeting with them. He further stated that Caltrans has been doing some revamping of their personnel and felt there should be more cooperation from them. Mayor Stout asked when the Milliken work would be done. Paul Rougeau, Traffic Engineer, stated work is to begin next week and that permits have been obtained from Caltrans. He stated the completion of the work should be in about six to eight weeks which would open the lane down to Base Line Road. Mayor Stout asked when it would be completed down to Foothill Boulevard. Paul Rougeau, Traffic Engineer, stated he does not have a good time frame for that, but felt it should be in less than six months. Mayor Stout asked about the completion of the intersection of 19th and Haven. Paul Rougeau, Traffic Engineer, stated that the completion of the job should be done by the end of September including the traffic signal. Councilmember Brown asked what the due date was for the Highland extension. Russell Maguire, City Engineer, stated work should begin in September at the time the contract is executed. Mayor Stout asked what the cost to the City would be for this work. Russell Maguire, City Engineer, stated $250,000 to $300,000, and that the work should be completed in about three months. He further added the second phase will follow which will include six lanes. Councilmember Alexander asked about the total cost to renovate Highland and asked if it included the uncovering of that street. Mike Olivier, Senior Civil Engineer, stated yes. Councilmember Brown asked if this street would have to be torn apart again in the future. Russell Maguire, City Engineer, it would when the freeway went in. Phillip Tolore, 10961 Santa Clara Court, expressed his concerns for the closing, and now the reopening, of Highland. City Council Minutes August 16, 1989 Page 11 Mayor Stout stated that when the freeway is built, Highland will he covered up and at that time the $250,000 to $300,000 will be wasted. Philip Tolore, 10961 Santa Clara Court, asked what procedure was taken to approve the closure to begin with. Mayor Stout stated Caltrans closed this street, not the City. Philip Tolore, 10961 Santa Clara Court, stated he felt it was not right for the City to have to pay for the revamping of Highland since Caltrans was the one to close it. Mayor Stout stated since it was the City wanting to reopen it that they would have to pay for the work to be done. He added that Caltrans has refused to pay for some of the City's improvements. Philip Tolore, 10961 Santa Clara Court, stated he hoped that something would be done to prevent this from happening in the future. Christina Menarri, 11430 Mt. Palomar Street, complained about the mail deliveries in her area stating the Post Office has refused to deliver mail to her home. She also complained about the one exit to get out of her street, and asked for Banyan to be cut through first. She asked why the right turn lane at Haven and 19th was closed. Paul Rougeau, Traffic Engineer, stated he would check into this. Al Bushtosh, 6785 Valinda, did not feel 19th was capable of handling the amount of cars on that street, and expressed his concern about all of these problems. Mayor Stout asked for Russell Maguire, City Engineer, to help on the signal installation at Victoria and Haven. Paul Rougeau, Traffic Engineer, stated that it should be soon. Al Bushtosh, 6785 Valinda, expressed his concerns about the speeding vehicles on this street. There being no further response, Mayor Stout closed the public hearing. RESOLUTION NO. 89-374 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT (GPA) NO. 89-03 TO AMEND THE GENERAL PLAN CIRCULATION ELEMENT BY THE ADDITION OF HIGHLAND AVENUE BETWEEN HAVEN AVENUE AND DEER CREEK CHANNEL, WITH A CONNECTION TO 19TH STREET NEAR SAN BENITO AVENUE MOTION: Moved by Wright, seconded by Alexander to approve Resolution No. 89-374. Motion carried unanimously 4-0-1 (Buquet absent). City Council Minutes August 16, 1989 Page 12 (33) F2. MODIFICATION TO DEVELOPMENT REVIEW 88-32 - NELSON - An appeal of the Planning Commission's decision to modify a condition of approval requiring the payment of an in -lieu fee for landscaping within the I-15 Freeway right-of-way along the project frontage of 1.55 acres in the General Industrial Specific Plan, located on the west side of Hyssop Drive, north of 4th Street - APN 229-331-02 (Item continued from the July 19, 1989 meeting) Staff report presented by Bret Horner, Associate Planner. (0203-05 DES REV) (0701-06 APPEAL) Councilmember Wright asked for the amount of fees involved in the blue section of the map that was shown on the overhead projector. Bret Horner, Associate Planner, stated he felt about $10,000 to $15,000 would be involved, and that the remainder of these would be paid after the south portion of the project was developed. Councilmember Brown felt the fee should be shared by all those people along this corridor. The City Council questioned if the public hearing had been closed on this item at the July 19, 1989 meeting. James Markman, City Attorney, stated that according to the minutes, which the City Council had just approved, the hearing was continued. Councilmember Wright stated she felt the developer should be able to participate in the discussion to decide if there was a better way of funding this landscaping. Mayor Stout stated that, unless there was some kind of a condition established tonight, the developer would not have to join an assessment district prior to the issuance of the building permit, and that his approval would be completed tonight. James Markman, City Attorney, referred to the memorandum that was written by Warren Diven which stated their opinion regarding possible methods to finance the installation and maintenance of landscaping improvements along the Interstate 15 corridor. He further stated that it would be difficult to put together this kind of a district in that particular area. He added that if there was an assessment district for maintenance, then Mr. Nelson might be in it and might not care for it, but added if there is an assessment district to do the landscaping, and he's made a per square foot contribution, he is going to get credit for it, he would not be double assessed. Councilmember Wright asked if there should be an Executive Session since this dealt with advice from the City Attorney. James Markman, City Attorney, stated only if the city Council felt there might be litigation involved. City Council Minutes August 16, 1989 Page 13 Mayor Stout opened the meeting for public hearing. Addressing the -City Council was: John Nelson who asked for a clarification on the staff report as it related to providing a security for the deferred cash payment. James Markman, City Attorney, stated the City Council had changed the condition to state if he goes to develop the property then he has to pay the fee. He stated the way the condition should be written is that, if it is a pre -condition of the issuance of a building permit for any development of the southerly portion, that is security. He further stated that Mr. Nelson cannot do anything with the property until he has paid the fee, and he did not feel that the City Council was looking for any additional security. He commended the staff for being thorough, but added that we do not need security other than payment of the fee prior to building permit for the southern section. Mr. Nelson stated he agreed with what Mr. Markman had said, and suggested that the additional security be deleted as one of the conditions. James Markman, City Attorney, felt it should be stated that any approval for construction, other than dealing with the retention basin, requires the payment of the fee. There being no further response, Mayor Stout closed the public hearing. James Markman, City Attorney, stated that Resolution No. 89-340 needed to be acted upon, but it needed to include the amendments that were discussed tonight and at the July 19, 1989 meeting. RESOLUTION NO. 89-340 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO MODIFY A CONDITION OF APPROVAL REQUIRING PAYMENT OF AN IN -LIEU FEE FOR LANDSCAPING WITHIN THE I-15 FREEWAY (DEVORE) FREEWAY RIGHT-OF-WAY, FOR THE DEVELOPMENT OF AN INDUSTRIAL BUILDING ON 1.55 ACRES OF LAND IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 14), LOCATED ON HYSSOP DRIVE AND NORTH OF 4TH STREET, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Alexander, seconded by Brown to approve Resolution No. 89-340 with amendments as listed below: "The freeway right-of-way adjacent to the project shall be landscaped in accordance with a master plan for the entire segment of freeway within the City as approved by Caltrans, the City Planner, and City Engineer. However, if Caltrans will not allow the incremental construction of this freeway landscaping with this project, a cash payment in -lieu of construction as a contribution to a future comprehensive project shall be made to the City prior to the issuance of building permits. The developer's responsibility City Council Minutes August 16, 1989 Page 14 shall be limited to the area east of the east edge of the northbound freeway on-ramp. A portion of the cash payment, proportional to the amount of area within the site occupied by the retention basin compared to the total site area, may be deferred until the filling and development of the retention basin area (including, but not limited to construction of any structures, parking facilities, or storage area)." Motion carried unanimously 4-0-1 (Buquet absent). A recess was taken at 8:55 p.m. The meeting reconvened at 9:15 p.m. with all members of City Council present (Buquet absent). (34) F3. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICTS AMENDMENT 89-02 - BLACKMON HOMES, INCORPORATED - A request to pre -zone approximately 25 acres located on the northeast corner of Highland and Rochester Avenues to Low Density Residential (2-4 dwelling units per acre) - APN 225-152-01, 02, 03, 04 and 18. ITEM CONTINUED TO THE SEPTEMBER 6, 1989 MEETING (0203-09 DD AMEN) (35) F4. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT 89-03 - BLACKMON HOMES, INCORPORATED - A request to approve a development agreement (CO 89-149) for approximately 25 acres consisting of 78 residential lots located at the northeast corner of Highland and Rochester Avenues - APN 225-152-01, 02, 03, 04 and 18. ITEM CONTINUED TO THE SEPTEMBER 6, 1989 MEETING (0602-01 AGREE DEV) (36) F5. ENVIRONMENTAL ASSESSMENT AND ANNEXATION AGREEMENT 89-03-BLACKMON HOMES, INCORPORATED - A request to approve an annexation agreement (CO 89-150) for development and annexation of approximately 25 acres located on the northeast corner of Highland and Rochester Avenues - APN 225-152-01, 02, 03, 04 and 18. ITEM CONTINUED TO THE SEPTEMBER 6, 1989 MEETING (0602-01 AGREE ANX) ORDINANCE NO. 400 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT 89-02, PRE -ZONING APPROXIMATELY 25 ACRES OF VACANT LAND TO LOW DENSITY RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) LOCATED AT THE NORTHEAST CORNER OF HIGHLAND AND ROCHESTER AVENUES AND MAKING FINDINGS IN SUPPORT THEREOF - APN 225-152-01, 02, 03, 04, AND 18 ORDINANCE NO. 401 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 89-03 FOR APPROXIMATELY 25 ACRES OF VACANT LAND LOCATED City Council Minutes August 16, 1989 Page 15 AT THE NORTHEAST CORNER OF HIGHLAND AND ROCHESTER- AVENUES, OCHESTERAVENUES, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 225-152-01, 02, 03, 04, AND 18 RESOLUTION NO. 89-375 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT AND ANNEXATION AGREEMENT 89-03 (HOMESTEAD LAND DEVELOPMENT), FOR DEVELOPMENT AND ANNEXATION OF APPROXIMATELY 25 ACRES OF VACANT LAND LOCATED AT THE NORTHEAST CORNER OF HIGHLAND AND ROCHESTER AVENUES AND MAKING FINDINGS IN SUPPORT THEREOF - APN 225-152-01, 02, 03, 04, AND 18 MOTION: Moved by Brown, seconded by Alexander to continue Items F3, F4 and F5 to the September 6, 1989 meeting. Motion carried unanimously 4-0-1 (Buquet absent). F6. APPEAL OF ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 89-19 - (37) UNIVERSAL ARCADE - An appeal of the Planning Commission's approval of a request to establish an arcade in a leased space of 850 square feet within an existing commercial center on 1.26 acres of land in the General Commercial District, located at the southwest corner of Arrow Route and Malven Avenue - APN 209-04- 151. ITEM REQUESTED TO BE CONTINUED TO THE SEPTEMBER 6, 1989 MEETING (0802-02 CUP) (0701-06 APPEAL) Mayor Stout stated that the persons appealing this item have asked for it to be continued, but that the party wanting to establish the arcade is asking that the hearing be held tonight due to economic hardship. Councilmember Wright asked if there were any legal problems with doing this. James Markman, City Attorney, stated no. MOTION: Moved by Brown, seconded by Wright to continue the item to September 6, 1989. Motion failed 2-2-1: AYES: Brown, Wright NOES: Alexander, Stout ABSENT: Buquet James Markman, City Attorney, stated since this was a tie vote that it will be up for public hearing at tonight's meeting. Staff report presented by Brad Buller, City Planner, who stated all parties concerned were present. City Council Minutes August 16, 1989 Page 16 Mayor Stout asked where the City has other arcades located within -the City of Rancho Cucamonga. Brad Buller, City Planner, stated at the southwest corner of Archibald and Base Line, near Baskin-Robbins. Mayor Stout opened the meeting for public hearing. Addressing City Council were: Jan Graber -Abbot, 9786 East Arrow, stated she was against the arcade, and that the arcade which is located at Archibald and Base Line is in a commercial area. Her concern was that this arcade was going to be across the street from her home, and she felt her area was strictly residential. Jeff Abbot, 9786 East Arrow, stated he disagreed with the arcade going in his neighborhood even though the City had discussed this with the School District. He did not feel the arcade should go in a neighborhood area. Terrence Batiste, applicant for the arcade, stated he has tried to work with the Abbot's on their concerns and wanted to get along with the surrounding community, but he felt some of the Abbot's concerns were false fears. He stated the zoning is Cl which does allow for arcades. He stated that he and his partner, Mike Earl, are supposed to go before the Planning Commission in three months and that the Abbot's are welcome to be part of the meeting. He further stated all they wanted was the opportunity to prove themselves. Mike Earl, applicant for the arcade and partner of Mr. Batiste, pointed out that a Conditional Use Permit is revokable if it was not complied with. He stated they would like the opportunity to proceed with the arcade and give it a try. Mayor Stout asked if they have had any experience in this type of business before. Mr. Earl stated he has been in various retail businesses and has had experience in working with the youth. Mr. Batiste added that they are concerned for the youth, and that they did not want to do anything that would damage the image of Rancho Cucamonga. Councilmember Wright asked what the age is' of the clientele that would be going to the arcade. Mr. Batiste stated 11 to 14 years of age. Councilmember Wright asked if it was the intent for the children to come to the arcade after school let out. Mr. Batiste stated not necessarily. Mr. Earl stated they are not aiming their business strictly to children. City Council Minutes August 16, 1989 Page 17 Councilmember Wright asked Mr. Earl what he felt the age of the clientele would be. o the arcade would be Mr. Earl stated he felt the age of people coming halftof the clientele would between 11 and 30 years of age, and t at about be under the age of 15. Darlene Batiste added that there are a lot of adults who enjoy arcades also. She stated if any problems were to occur at the arcade that they would be dealt with. She added that they are residents of Rancho Cucamonga and that they too, have a concern for what happens in the community. Councilmember Wright questioned the hours that their doors would open as it related to the schools letting out, and asked if it would hurt their business if they were not able to open their doors until after 5:00 p.m. Mr. Batiste stated it would be more of an adult crowd that would be their after 5:00 p.m. Mr. Abbot stated he still felt loitering would occur, and that this would be a hang out for drug users, and he did not feel he had any false fears. Mrs. Abbot stated she did not base her life on fear, she felt it would be more difficult for the arcade to move out of that location after they had been established for a few months. She stated she felt they belonged in a commercial area. Mr. Abbot asked if there was suppose to be armed security. Councilmember Brown stated that at the Planning Commission meeting, the Planning Commission did not feel one tenant should have to pay for armed security for the whole center because of the nature of their business. There being no further response, Mayor Stout closed the public hearing. Councilmember Alexander asked about the revocability of the Conditional Use Permit. James Markman, City Attorney, stated there would have to be a noticed hearing before the Planning Commission with evidence why it should be revoked, and that this could possibly be appealed before the City Council. Mayor Stout asked if a Stop Order could be issued. James Markman, City Attorney, stated it would be hard to do it for this project. Councilmember Alexander asked Lieutenant Zeiner if there has been any problems with arcades as they relate to the Sheriff's Department. Lieutenant Zeiner stated not that he was aware of. City Council Minutes August 16, 1989 Page 18 Councilmember Alexander asked if something could be advertised in such a way to emphasize high morals and anti-drug use, and add this to the Conditional Use Permit. James Markman, City Attorney, stated it would be very difficult to work this up. Councilmember Brown read comments from the Sheriff and Fire Departments as stated on Page 202 of the agenda. She pointed out Captain Gilmore's comments about his concerns for the late hours and the possible fighting of the patrons of the arcade. She stated there have been other projects with the same types of concerns from residents. She said the question is where are the kids going to hang out, and stated she does have concerns, and that the same kinds of conditions should apply to this area as has been done with some of these other projects. Councilmember Wright stated her concern is for the close proximity of the arcade to the two schools, and she felt there would be kids splitting from the schools and going to the arcade. She added she felt if there was a restriction of hours for after 5:00 p.m. that this would help. She felt the City was asking for trouble by approving this. Mayor Stout stated he was on the Planning Commission at the time arcades became popular, and stated there were the same concerns at that time. He stated the Planning Commission developed conditions at that time, and that there has not been any problems with any of the previous arcades. He stated any of the concerns that those people had did not materialize. He further stated he can see where this is headed for a 2-2 vote. James Markman, City Attorney, stated they could go through a series of motions or could defer it until September when Councilmember Buquet comes back. Councilmember Brown felt that Mr. Buquet might have some good input into this since he is a Reserve Sheriff. Councilmember Wright asked what happens if there is a tie vote. Mayor Stout suggested that this be continued to the September 6, 1989 City Council meeting. MOTION: Moved by Alexander, seconded Wright to continue this item to the September 6, 1989 meeting, and for staff to contact Councilmember Buquet to listen to the tape so he can be better informed in order to vote on this item. Motion carried unanimously 4-0-1 (Buquet absent). (38) F7. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND ISSUANCE OF A NEGATIVE DECLARATION FOR THE PROPOSED CHURCH STREET WIDENING PROJECT FROM ARCHIBALD AVENUE TO HAVEN AVENUE Staff report presented by Mike Olivier, Senior Civil Engineer. (1110-10 STREET PI) City Council Minutes August 16, 1989 Page 19 Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 89-376 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL ASSESSMENT INITIAL STUDY AND ISSUANCE OF A NEGATIVE DECLARATION FOR THE PROPOSED CHURCH STREET WIDENING PROJECT MOTION: Moved by Brown, seconded by Alexander to approve Resolution No. 89-376. Motion carried unanimously 4-0-1 (Buquet absent). F8. CONSIDERATION OF THE DETACHMENT OF TRACT 12659-1 LOCATED ON THE SOUTHWEST (39) CORNER OF ETIWANDA AVENUE AND 24TH STREET AND TRACT 12870 LOCATED ON THE NORTH SIDE OF HIGHLAND AVENUE BETWEEN ETIWANDA AND EAST AVENUES FROM LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND ORDERING THE ANNEXATION OF TRACT NOS. 12659-1 AND 12870 TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 Staff report presented by Joe Stofa, Associate Civil Engineer. (0401-03 LANSCAPE MD) (0702-02 ANNEXATION) Councilmember Brown asked if there would be an increase in taxes by doing this. Jerry Fulwood, Deputy City Manager, stated there would be an increase. Councilmember Brown asked if this would automatically put this in the new police Mello -Roos District. Jerry Fulwood, Deputy City Manager, stated not at this time. Councilmember Wright asked if the issue is approved, how would all of this happen. Jerry Fulwood, Deputy City Manager, stated it would be a separate decision. Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. Mayor Stout stated he felt staff's decision is fair, and that the people who buy there would be the ones to make that decision. Councilmember Brown stated she would like some sort of confirmation about properties being sold so that the people buying would not all of a sudden learn that their taxes are being increased. RESOLUTION NO. 89-377 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE DETACHMENT OF TRACT NOS. 12659-1 AND 12870 FROM LANDSCAPE MAINTENANCE DISTRICT NO. 1 City Council Minutes August 16, 1989 Page 20 AND ORDERING SAID TRACTS ACCEPTING THE AND 12870 THE WORK IN CONNECTION WITH THE ANNEXATION OF TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND FINAL ENGINEER'S REPORT FOR TRACT NOS. 12659-1 MOTION: Moved by Alexander, seconded by Wright to approve Resolution No. 89-377. Motion carried unanimously 4-0-1 (Buquet absent). Items F9 and F10 were considered at the same time. (40) F9. APPROVAL OF ENVIRONMENTAL INITIAL STUDY AND ISSUANCE OF A NEGATIVE DECLARATION FOR THE ETIWANDA/SAN_SEVAINE AREA MASTER PLAN OF DRAINAGE REPORT - Recommend that the City Council adopt the attached Resolution accepting and approving the Environmental Initial Study for the Etiwanda/San Sevaine Area Master Plan of Drainage Report and the issuance of a Negative Declaration therefor and direct the City Clerk to file a Notice of Determination pursuant to the California Environmental Quality Act. (1403-06 EIS) (1170-08 STORM) (41) F10. THE ADDITION OF A NEW CHAPTER TO TITLE 13 OF THE MUNICIPAL CODE ESTABLISHING A DRAINAGE FEE FOR NEW DEVELOPMENT IN THE ETIWANDA AND SAN SEVAINE AREAS - Recommend that the City Council introduce the ordinance relative to the establishment of an Etiwanda/San Sevaine Area Drainage Plan. Staff report presented by Walt Stickney, Associate Civil Engineer. (1170-08 STORM) Mayor Stout opened the meeting for public hearing. Addressing the City Council was: Mike Robbins, 7576 Etiwanda Avenue (church facility), stated this would have a great impact on him. He stated if they were to expand their facilities and get building permits they would have a big increase in taxes to pay, and stated they do not have anyone they could pass these fees to, that they would have to pay them themselves. He felt this matter would have a great impact on the expansion of their temple. Mayor Stout asked if there are exemptions available. Walt Stickney, Associate Civil Engineer, stated there are residential exemptions available. Russell Maguire, City Engineer, added that since they have already paid for their five acres they would not have to pay this again. Debra J. Adams, City Clerk, read the title of Ordinance No. 402. City Council Minutes August 16, 1989 Page 21 RESOLUTION NO. 89-378 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL INITIAL STUDY AND ISSUANCE OF A NEGATIVE DECLARATION FOR THE ETIWANDA/SAN SEVAINE AREA MASTER PLAN OF DRAINAGE REPORT ORDINANCE NO. 402 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING A NEW CHAPTER 13.09 TO THE RANCHO CUCAMONGA MUNICIPAL CODE, ESTABLISHING A DRAINAGE FEE FOR ALL NEW DEVELOPMENTS WITHIN THE ETIWANDA/SAN SEVAINE LOCAL DRAINAGE AREA MOTION: Moved by Alexander, seconded by Brown to waive full reading of Ordinance No. 402 and set second reading for September 6, 1989. Motion carried unanimously 4-0-1 (Buquet absent). MOTION: Moved by Alexander, seconded by Brown to approve Resolution No. 89-378.. Motion carried unanimously 4-0-1 (Buquet absent). G. PUBLIC HEARINGS G1. ADOPTION OF RESOLUTION ESTABLISHING UPDATED DRAINAGE FEES IN THE ETIWANDA (42) AND SAN SEVAINE AREAS Staff report presented by Walt Stickney, Associate Civil Engineer. (0401-12 FEES) RESOLUTION NO. 89-379 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING UPDATED DRAINAGE IMPROVEMENT FEES FOR ALL DEVELOPMENTS WITHIN THE ETIWANDA/SAN SEVAINE LOCAL DRAINAGE AREA OF THE CITY OF RANCHO CUCAMONGA MOTION: Moved by Alexander, seconded by Brown to approve Resolution No. 89-379. Motion carried unanimously 4-0-1 (Buquet absent). Item I1 was discussed at this point of the meeting. Please refer to regular order of agenda for discussion. A recess was taken at 1:30 a.m. The meeting was reconvened at 1:33 a.m. with all members of City Council present (Buquet and Wright absent). City Council Minutes August 16, 1989 Page 22 (43) G2. EMINENT DOMAIN ACTION TO ACQUIRE PUBLIC RIGHT-OF-WAY FOR THE BASE LINE ROAD WIDENING PROJECT BETWEEN VICTORIA PARK LANE AND INTERSTATE 15 - Public Hearing of protests regarding Eminent Domain action to acquire public right-of-way for the Base Line Road Widening Project between Victoria Park Lane and Interstate 15 at the properties located at 13096, 12658, 12659, 12951 and 13053 Base Line Road and 7322 Etiwanda Avenue (APN's 227-131-08, 227-111-33, 227-171-19, 1100-011-01 and 06 respectively and 227-171-04) for the construction of street improvements across the frontage of said properties. (Continued from August 2, 1989 meeting) ITEM CONTINUED TO THE SEPTEMBER 20, 1989 MEETING (1002-06 EM DOMAIN) RESOLUTION NO. 89-341 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE PUBLIC NEED AND NECESSITY TO CONDEMN A PORTION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF RANCHO CUCAMONGA AND MAKING FINDINGS IN SUPPORT THEREOF FOR APN'S 227-131-08, 227- 111-33; 227-171-19, 1100-011-01 AND 06 AND 227-161-04 H. CITY MANAGER'S STAFF REPORTS (44) H1. CONSIDERATION OF ISSUING A LETTER OF INTENT FOR THE CITY TO PARTICIPATE IN A WEST END 800 MHZ COMMUNICATION SYSTEM AND TO PARTICIPATE IN A JPA FOR THE OPERATION OF THAT SYSTEM Staff report presented by Duane Baker, Senior Administrative Assistant. (1205-01 RADIO COM) MOTION: Moved by Brown, seconded by Alexander to approve staff's request. Motion carried unanimously 3-0-2 (Buquet and Wright absent). (45) H2. FIRE HYDRANT MAINTENANCE PROGRAM - Status report on the fire hydrant maintenance program developed jointly by the Cucamonga County Water District and the Rancho Cucamonga Fire Protection District. Staff report presented by Chief Dennis Michael, Rancho Cucamonga Fire Protection District. (1302-00 FIRE DIST) ACTION: Report received and filed. (46) H3. CONSIDERATION OF RESOLUTION REQUESTING THE COUNTY OF SAN BERNARDINO DENY A TIME EXTENSION FOR THE ROCK CRUSHER PROJECT - Oral Report presented by Brad Buller, City Planner. (0602-01 AGREE EXTN) Councilmember Brown asked that the Resolution be changed in the fifth paragraph, third line, after the word "which" that the words "by the admission of the Board of Supervisors" be added. City Council Minutes August 16, 1989 Page 23 RESOLUTION NO. 89-380 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REQUESTING THE COUNTY OF SAN BERNARDINO DENY A REQUEST FOR A TIME EXTENSION OF THE SITE PLAN AND MINING RECLAMATION PLAN FOR THE PROJECT KNOWN COMMONLY AS FOURTH STREET ROCK CRUSHER TO BE LOCATED ON SAN BERNARDINO COUNTY FLOOD CONTROL PROPERTY GENERALLY NORTH OF HIGHLAND AVENUE (ROUTE 30) BETWEEN MILLIKEN AVENUE AND THE DAY CREEK CHANNEL MOTION: Moved by Stout, seconded by Brown to approve Resolution No. 89-380 as amended. Motion carried unanimously 3-0-2 (Buquet and Wright absent). I. COUNCIL BUSINESS I1. NORDIC WOODS UPDATE Staff report presented by Jerry Grant, Building (47) Official. (0807-01 CODE BLDG) Please refer to the transcript of this item which is attached and referred to as Exhibit "A". I2. CONSIDERATION OF PARTICIPATION IN COMMUTER RAIL LOCATION SEARCH (Oral (48) Discussion) Staff report presented by Councilmember Brown. (1110-09 RAILROAD) Councilmember Brown stated if Council approves this she would be taking this back to the Commuter Rail meeting in September. MOTION: Moved by Brown, seconded by Stout to approve the City's participation in the Commuter Rail Location Search which may include the location of 8th and Archibald. Motion carried unanimously 3-0-2 (Buquet and Wright absent). J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. K. COW I CAT I ONS FROM THE PUBL I C No communication was made from the public. City Council Minutes August 16, 1989 Page 24 L. ADJOURNMENT _ MOTION: Moved by Brown, seconded by Alexander to adjourn to Executive Session to discuss pending litigation regarding the Rivard Lawsuit. Motion carried unanimously 3-0-2 (Buquet and Wright absent). Meeting adjourned at 1:38 a.m. Res ectfully submitted, ebra J. Aa s City Clerk Approved: September 20, 1989 CERTIFIED ]]COURT REPORTERS i Barrett . Dawson . Melman RANCHO CUCAMONGA, CALIFORNIA IN THE MATTER OF } TRANSCRIPT OF TAPES.- RANCHO APES:RANCHO CUCAMONGA CITY COUNCIL MEETING } ITEM I-1: NORDIC WOODS UPDATE ) TRANSCRIPT OF PROCEEDINGS Rancho Cucamonga, California August 16, 1989 C. Anne Braun 1630 E. Palm Street P.O. Box 11466 Santa Ana, CA 92701 (714) 558-9400 (213) 637- 35 50 FAX (714) 836-5195 A P P E A R A N C E S DENNIS L. STOUT Mayor DEBORAH N. BROWN, Councilwoman WILLIAM J. ALEXANDER, Councilman CHARLES J. BUQUET, II, Councilman PAMELA J. WRIGHT, Councilwoman JACK LAM City Manager JAMES MARKMAN City Attorney JERRY GRANT Building Official BRAD BULLER City Planner RUSSELL MAGUIRE City Engineer CERTIFIED (714) 558-9400 COURT (213) 637-3550 2 REPORTERS K—,tl . D...... MA— FAX (714) 836-5195 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RANCHO CUCAMONGA, CALIFORNIA; WEDNESDAY, AUGUST 16, 1989 MR. GRANT: Yes, Mr. Mayor, Members of the City Council: This matter was requested by Mr. Bennett to come before the City Council on the 5th of July, and at that time the Mayor, as I recall, asked that the list of items be submitted to Staff in order that Staff might provide a more complete report. That, as yet, has not been done; however, in light of the information given by Mr. Bennett at the meeting and other comments that have been received in Building and Safety and other agencies of the City, there are a number of issues that appear to warrant exploration and action. In the report -- unfortunately dated the wrong date, August 8th, there is a number of items that related to Sheriff's enforcement activities. One was parking on the street; obstruction of a bus stop; and some parties that were apparently held from time to time, young people up at the upper end of Hermosa. The Sheriff's Department has had several meetings with regard to those, and advised the community, The Woods Community, that because they must prioritize their calls based on severity and importance, they sometimes cannot get there immediately, but that they CERTIFIED COURT REPORTERS (714) 558-9400 (213)637-3550 FAX (714) 836-5195 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 would make an effort to respond as quickly as possible. They also suggested -- the Community suggested that perhaps a mounted citizens' patrol be formed for Neighborhood Watch purposes. The Sheriff's Office held a meeting of those interested people. Four people attended. They were provided information at that time as to the methodology of performing this watch and that information has not come back to the Sheriff at this time. Item Number 5 in the report deals with the quality of constructure or customer service. The Building and Safety Division has been most involved in that, I believe. As the Council is aware, we have been restricting inspections, if you would, on the Nordic Woods and the Nordic Woodridge projects, and have had some success in gaining cooperation from the developer. The major problem appeared to be from those customer complaints. One, of just the lack of attention and lack of customer service on the part of the developer. We have had several meetings with the contractor, who is a partner -- we had a meeting with the contractor, who is a party in the business, and we have had a second -- had two other meetings with the man who handles the financial CERTIFIED COURT REPORTERS (714)558-9400 (213) 637-3550 FAX (714) 836-5195 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 aspects of the business. He is not a contractor. They have made a number of pledges to improve the service and they have made a fair amount of progress in replacing some driveways and concrete and so forth; very slow progress, however, and there are still a number of things to be done. We have indicated to them that we would continue to restrict the inspections in The Woods, so as to try to put some pressure on the contractor to complete those Customer Service issues. That has put us in Building and Safety on kind of a tightrope right now, because we're faced with complaints from some of the owners because the Company has not gone back and provided service complaints, and from other property owners because we are not making inspections to hurry along their occupancy. So we're kind of damned if we do and damned if we don't. We are releasing these in a measured fashion as progress proceeds, and there has been some progress in the past week, particularly in the area of the driveway replacements. I believe at the meeting there was a mention made of lack of maintenance on the equestrian trails. With one exception, the trials in the community are private trails. The community trail has been reviewed by CERTIFIED COURT REPORTERS (714) 558-9400 (213) 637-3550 FAX(714)836-5195 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the Maintenance -- Public Works Maintenance, and will continue to be maintained by that. There was also a reference to a drainage problem. The drainage problem was created as a result of water leaving its -- Russ can probably explain this better -- but as I understand, there is a culvert that goes under the street, and the water, instead of following the culvert, jumped the curb, went across the street through a drive approach and proceeded down the trail on private property. That has since been rectified. There is a containment wall put around the basin and the drive approach has been altered by the Developer so as to provide more slope. And as I recall, there's also a barrier been placed at that drive approach so that the water will not divert down the private approach. Street sweeping was another reference that was made. The street sweeping -- the debris from the street sweeping was apparently, in large part, contribution from the developer. The streets are swept on a two-week schedule, as are the other streets in the city. We've asked the contractor to refrain from messing up the streets as he has been. I've been up there several times this past week and the traffic -- the blocking of the street appears [,-,6,-,JCE1MFIED COURT REPORTERS (714) 558-9400 (213) 637-3550 FAX (714) 836-5195 ri 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 25 to have been improved. There were two cars, as I recall, at the most, parked when I went up there, in the street. We asked the contractor to also keep his people off the street because it is narrow. Incidentally, the narrowness of the street or the parking on the street -- when The Woods was developed, the streets were purposely made exclusive of parking lanes. They were done that way to try to save the atmosphere of the trees and the woodsy atmosphere up there, retain more of the trees. So the streets are narrow and they were never designed to have parking on them. It's not posted "No Parking," but they were never designed to accommodate parking. Mr. Bennett indicated a lack of coordination, as I recall, in the review processes that the City undertakes apparently in reference to the allowance for some construction within the subdivision. The original CC&R's for the project which were developed at the time of subdivision were apparently fairly well controlled when the original developer, Mr. Scott, was active. When his bank assumed the responsibility from him, that review process seemed to fall apart. That was the private developer -- private review committee within The Woods itself, comprised of the owners of the property. Most of our residential districts have some CERTIFIED COURT REPORTERS (714) 558-9400 (213) 637-3550 FAX (714) 836-5195 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 type of CC&R's, but these are regulations, if you would, that are imposed upon themselves by the Community who buys into the subdivision, and enforced by the Community rather than by the City. So the City has really no -- no legal authority to enforce those private agreements. Reference was made to some structures -- I believe it was three -car garages that were constructed that were contrary to the CC&R's. The individual, single-family dwellings, rather than a subdivision itself -- this is outside the Nordic Development area -- the individual residences that were constructed by independent contractors up there -- or builders, are not subject to the design review unless the Planning Staff is of the opinion that they are not in keepng with the architecture or architectural theme of the neighborhood. So in this case, there very well may be some of those homes that have been constructed without the approval of the Committee, because the Committee is essentially nonexistent for sometime. That concludes my report. I'll try to answer any questions. There are a number of residents that are in The Woods who indicated they would like to make some statements. MAYOR STOUT: Thank you, Mr. Grant. Any questions at this time? CERTIFIED COURT REPORTERS (714) 558-9400 (213) 637-3550 FAX (714) 836-5195 :3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Okay. All right. The hearing is open. Those wishing to address us, this would be the opportunity. MR. MARTINO: My name is Steve Martino. I reside at 9570 Apricot Avenue, Alta Loma. I live in The Woods or in Nordic Development right now. I am -- to purchase the property in the Woodridge development, which is Tract 13644, Lot No. 14. I entered into this agreement with Woodridge Estates, which is a limited partnership, not exactly with Nordic Development. I was unable to find out from Staff and other people who actually pulled the permit for Woodridge Estates, whether it was under Woodridge Estates or Nordic Development today, but I entered into this agreement with Woodridge Estates. I have talked to Mr. Grant today and he has told me that the inspections had been released in the Woodridge Estates to go ahead with the construction and approval for final inspection, hopefully, so we can move into our house. We're currently renting back our existing home and will have to go into rental property at the end of this month because the home is not going to be completed on schedule. I do want to compliment the Staff for trying CERTIFIED (714) 558-9400 COURT (213) 637-3550 REPORTERS FAX (714) 836-5195 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to help the homeowners who are up there now with the problems that they are experiencing with regard -to customer service; however, I would question the way they are doing it, whether it's legal or not. The development that we're buying into, as far as I know, has approved plans. They have paid out the Building Permit fees. They have been building those particular homes according to what, I would have to assume, are proper standards since they've been passing inspection -- inspections have been released. So I would question whether or not it's legal for inspections to be withheld on another development based on customer service problems on homes that have already passed final inspection, and whether those homes are under the jurisdiction of the Building Department. And basically, we're looking at a situation where the developer, in my opinion, is somewhat misorganized in doing things, having problems either intentionally or nonintentionally, not getting things done correctly, and then the City withholding inspections is just probably aggravting our time in getting in the home. From what I've been told from Staff, it's mainly been a delay because of enforced -- as an act of enforcement by the Building Department to cause nor to respond to customer requests on the other developments CERTIFIED COURT REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836.5195 10 1 2 3 4 A 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 since nobody has actually moved into the development that we're in escrow with right now. And I just feel that possibly holding us back in being -- the ability to move into our home would be unfair treatment to us withholding our residency. I understand that they do have a lot of problems. I've gone up there and talked to people so I do know about -- I guess what you could say -- alleged negligence or nonresponsive attitude up there. I've also experienced it from them during my course of this relationship with Nordic, just trying to buy the home and with other problems that we've had. But with our situation being that we don't own a home now. We have sold our home. We do want to get our new home. We'd like to be able to get into a home and have a problem. It's as simple as that. UNIDENTIFIED SPEAKER: You definitely will. MAYOR STOUT: Please, please. MR. MARTINO: My recourse would be, if I was having a problem, to take the proper action -- I would deem to be proper action -- I've already sought counsel as to a potential problem, and they told me that the proper governmental agency to go after to try and get recourse would be some kind of a court action to get enforcement. And I would just question -- I had a couple of questions that I wanted to CERTIFIED UhCOURT REPORTERS (714) 558-9400 (213)637-3550 FAX (714) 836-5195 11 3 1 K. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ask, and I'll just ask these questions and leave it at that. Is the Staff's current position of contrdlling the release of inspections on my tract, 13644, based upon the Staff's determination of the response low of Nordic's Customer Service Department legal? Do they have that authority? Does the Building Department -- Number two: Does the Building Department have the authority to receive complaints from the home owners, who are living in homes that have passed final inspection and then arbitrarily decide negligence on Nordic's part and then level a punative action against Nordic and my family by withholding us getting in, inspections to enforce compliance? And then also, Mr. Grant told me today that he was going to be releasing inspections on Woodridge because he saw firm response to it. And I appreciate that; but I also question if there was a reversal, which there could quite definitely be if they don't -- you know, they go back to not responding to people who are already in their homes -- if they reverse that and the attitude changes back to worse than what it is now, would the Staff again withhold inspections as some type of enforcement to start getting customer service going again. And then finally, is the City of Rancho Cucamonga the final governmental agency to decide Nordic's CERTIFIED COURT REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836.5195 12 1 2 3 4 5 6 7 [? 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 performance in its contract or obligations and take enforcement action on properties that have alreAdy passed final inspection? MAYOR STOUT: Mr. Markman. MR. MARKMAN: Here's the way I look at this: I've discussed it with the Staff. No, of course it's not right to penalize Nordic -- to leverage Nordic by withholding inspections of another tract, if you want to look at it that way. But that's not the way I look at this. If I have a thousand hours in the Building Department to devote to the City of Rancho Cucamonga and I have to allocate my manpower, and there are 50 people here who are requiring building inspectors and the building official and the assistant building official to spend dozens if not hundreds of hours dealing with problems generated because of allegations that Nordic is not built to Code, then I have to decide, where am I going to allocate all my inspectors? And I ask you, would you allocate your inspectors who are already working on the same company to the tune of dozens if not hundreds of hours to the same level you normally would allocate them to another Nordic track? In other words, they have created -- and I don't know if it's the same organization -- but the Nordic Development Company, which is connected with Woodridge, by their own admission and CERTIFIED L4 0 COURT REPORTERS (714)558-9400 (213) 637-3550 FAX (714) 836-5195 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 their attorneys' admission, has created a tremendous load on our Building Department, a much greater load -that would normally be indicated on a tract that would be theoretically completed. So the Building official has to allocate his resources. And he's going to allocate so many resources to this development, so much to Terravista, so much to Victoria. That's the way I look at my discussions with the Building official. He has to allocate his resources to the extent that the problems are solved and he doesn't have to keep sending himself or Jim Martin or building inspectors out to the Woods. He's got more manpower to devote to inspections in Woodridge or any other place in the city. So that's the way we looked at it. I think you're drawing a connection that Nordic would like to draw, but I look at it as, you know, how much time do we have in the Building Department to devote to Nordic Development. It's two developments, and, you know, we're not just going to drop everything else in the City of Rancho Cucamonga. In fact, I would expect other projects are suffering too because of this load that Nordic has created through these citizens' complaints for the last several months, which can't be ignored. That's the way I look at 25 1 it. r —16 CERTIFIED COURT REPORTERS (714) 558-9400 (213) 637-3550 FAX (714) 836-5195 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 411 21 22 23 24 25 MR. MARTINO: I understand what you are saying. In fact, the Staff had mentioned, and I also mentianed, if I was on the other side of the street and I was inside the homes that were having problems, I would quite -- probably most definitely, be on the other side. In fact, the statement I mentioned that I was being utilized by Nordic to try and serve their purposes, which, you know, what I thought of that, I said "Fine. I understand what you are saying," but I have to put my pride in my back pocket. I have five children that I have to get inside of a home and that's my main priority right now. MR. MARKHAM: I know, and that's understood. What I'm trying to tell you is: Nobody's trying to punish people getting ready to move into a home because Nordic is not doing something over here. But there's only so many human beings to go around and so many inspectors. And they have created a load in my office, too. I spend an enormous amount of time sitting down with the Staff and looking at all these allegations regarding Nordic Development that could have been spent doing other things for the City of Rancho Cucamonga. 50, 1 mean, that's the way I just look at what's going around, and if I were you, I'd ask Nordic why they aren't correcting these other problems so that more building inspectors can run up to your tract and inspect your house rather than COUCERTIFIED RT REPORTERS (714) 558-9400 (213) 637.3550 FAX (714) 836-5195 15 1 2 3 4 5 6 W 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 inspecting what's wrong with their houses. MR. MARTINO: Well, there is no question -as to the problem that Nordic is having over there. But the one point that I keep having to revert back to is, if you're talking about the work load, is the higher work load due to customer complaints or just Nordic requesting people to come out and inspect the buildings that have permits? MR. MARKHAM: I would say that there's been a generation of an enormous amount of work in the Building Department -- building officials' department based on what's happened in the Woods and the Complaints and the manpower that's gone -- I mean, we've had an assistant city manager out, a deputy city manager -- I mean, virtually everybody in the City system has been devoting hours and hours to these complaints and that diverts them from doing other things, and particularly the building inspector. MR. MARTINO: Well, it's taking everybody's time; but I'm talking about my time. MR. MARKHAM: My response to this is this: There is an answer to all this and it's in your Seller's hands and it has been for months. Get out there, get the funds out and solve the problem so the inspectors can go to your next project and move it along instead of dwelling on the one project you didn't do right in the first place. ICEMFIED COURT REPORTERS (714)558-9400 (213) 6.37-3550 FAX (714) 836-5195 16 1 That's where it is, in a nutshell. We're stuck with it. 2 We have to respond to them. We try to respond to you, 3 too. 4 MR. MARTINO: Well, there's still some statements 5 in Staff's report such as enforcement, withholding of 6 inspections for enforcement purposes. Is that a legal 7 activity for the Building Department to do? g MR. MARK14AN: I'm just saying that Staff 9 characterizes it as withholding inspections. I 10 characterize it as allocating manpower. And so, I mean, 11 you can look at it in one way or the other, but there is 12 only so many men to go around. There is a demand on these 13 inspectors. And like I say, if Nordic solves these 14 problems, the inspectors could be released to your tracts 15 or other tracts. 16 I'm sure they have slowed down a lot of 17 inspection activity hour for hour, so I realize -- I read 18 Jerry's letter. He's a very candid guy. But basically 19 he's got so many people to send around, including himself. 20 And he's spent a whole lot of time -- and so has my 21 office -- worrying about The Woods and not Woodridge. 22 And hopefully four months from now we won't be doing the 23 same thing with you. Excuse me. 24 I also agree with you that people should 25 understand they do have a remedy. You are correct. They CERTIFIED (714) 558-9400 17 REPORTERS (213) 637-3550 FAX (714) 836-5195 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have a remedy. It doesn't solve the City's obligation to see that the construction was done right, which'is our major allegation, but there is a remedy. They have a breach of warranty suit back against the developer for every cent it costs them to correct these matters, especially when there is any number of them suffering the same problems. But the fact they have a remedy doesn't erradicate the City's obligation to respond to their complaints and that takes building inspectors. So when Jerry says he's withholding people, I mean the way I characterize it is he's allocating his resources to the Nordic development thing which supposedly was done already and it isn't done. MR. MARTINO: Then in answer to my first question that City Council or Staff does consider it a legal activity? MR. MARKMAN: Do I consider his allocation of manpower legal? MR. MARTINO: No, the withholding of enforcement -- MR. MARKMAN: I consider the allocation of his manpower a legal -- MR. MARTINO: Not according to his statement. And his statement was a misstatement in the actual Staff report. CERTIFIED I,&,COURT REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836-5195 W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. MARKMAN: Well, I know he -- I don't even know if it's a misstatement. What he's really telling you is: How can I release inspectors to do the work on this tract when they're all busy running around this other tract looking at all these people's homes, responding complaints. MR. MARTINO: Are the homes that have already passed final inspection still under the authority of the Building Department for enforcement? MR. MARKMAN: Sure. When somebody shows up and says: Will you look at this and see whether it was done per Code and we find out it wasn't, it starts to be a problem indigenous to the whole tract, we have an obligation to find out whether that's correct or not. I think the City recognizes that obligation. MR. MARTINO: Okay. Then also, if they respond -- MR. MARKMAN: I'm not trying to be combative -- MR. MARTINO: No, I understand. I'm asking questions and getting my answers. That's my purpose. I'm just trying to get a position. If Nordic returns to a nonresponsive attitude, where it's worse off -- I mean, I'm sure it's not where they want it to be, but something's been going on. There again, I know I'm going to have problems. But I've already decided how I'm going to go about solving them and I'm not going to rely on the COURT CERTIFIED REPORTERS (714) 558-9400 (213) 637-3550 FAX (714) 836-5195 19 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 City to solve them. MR. MARKMAN: All I can tell you is if Nordic -- they -- you know, if it just stops then they'll comply -- there are only so many things that we can look at. If the manpower is there, we are going to inspect the tract. The fact is, that there has been a thorough going -- I mean, this report is kind of encapsulating of a thorough ongoing investigation. It took a lot of manpower in the Building Department. And, you know, they had to make that allocation. If they stopped correcting the problem, unless somebody says there's something new to look at, there is nothing new to look at. They're not going to sit there and say: We're going to stop your other process until you correct these problems. Because -- I mean, everybody realizes there's people like you waiting in there. That's not the case. MR. MARTINO: Could Staff tell me the number of people -- I mean -- is there an actual figure or number that are very much motivated with regards to customer service problems? Is it 10, 15, 20 people in the Nordic Development that have actual problems? What's the number of people that actually have complaints on file? Not the number of complaints per home, but how many people, per se -- CERTIFIED COURT REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836-5195 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. MARKMAN: I suspect that we will hear from quite a few in a minute. " UNIDENTIFIED SPEAKER: We have 11. MR. MARKMAN: Eleven written complaints on different homes? MR. MARINO: It is currently, as far as I've been apprised, 13 people who have been into escrow over a year ago with Woodridge Estates that have been waiting for over a year to get into those homes right now. MR. MARKMAN: I understand. Your point is very clear. MR. MARINO: What I am saying is: There are 23 people who have entered into a situation where they have bought homes a year ago and the purchase price of their homes have been fixed at the purchase price a year ago. Each one of those homes has probably appreciated -- based on Nordic's new tracts, the same homes -- over a hundred and thirty to $140,000. Each of those people have a vested interest not to fall through somehow on the sale, and these are people that I've talked to that are very concerned about any further delay. We have people that are renting back up to $3500 a month where they're living at waiting for -- MR. MARKMAN: Are you suggesting that Nordic may be dragging its feet so that you guys fall out of escrow, CERTIFIED COURT REPORTERS (714) 558-9400 (213) 637-3550 FAX (714) 836-5195 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 they can sell the houses for more? MR. MARINO: If that's what you want to say. I'm not saying that Nordic's a bad guy. I'm just saying that I'm sitting out in a rental property with my family right now and I want to get in before they go bankrupt or something like that. And I have to pursue whatever course of action I can to take care of that problem. I know the partners are planning on splitting up pretty soon. I've had some very, very open talk with a couple of them. I know that the company is not going to be the same in about two months -- two or three months -- they've already moved. I'm within two months of moving into my home and I'm pursuing any kind of action to make sure that I can get in there as soon as possible before problems happen. UNIDENTIFIED SPEAKER: This man is not a part of our group. We had to come to the council meeting of July 5th and request this. We have waited. He is not any part of our group. And I think this is the agenda that was on the meeting. MAYOR STOUT: He has the right to speak just like any other citizen. Who are you, by the way? UNIDENTIFIED SPEAKER: We're with the Nordic Woods. MAYOR STOUT: No. What's your name? (714)558-9400 (213) 637-3550 FAX (714) 836-5195 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNIDENTIFIED SPEAKER: George Bennett. MAYOR STOUT: Mr. Bennett, I wanted to tank to you tonight anyway as soon as we get up here. I asked you to do something for us at our last meeting, and that was to put together a written list of problems. And I don't see it. MR. BENNETT: Well, we requested it from the community and then I think -- MAYOR STOUT: I know, Mr. Bennett. But you made an agreement with me at our last meeting that you would put together a written list of problems amongst your neighbors and submit it to the Council. I asked our Staff to call you twice to get that list and we've never received it. MR. BENNETT: The Staff never called me. And I wrote a letter, a registered letter, requesting problems on Nordic. My problem is not Nordic. I made copies of that letter, passed it out to the people and asked them to respond. I also made copies of problems and solutions to present MAYOR STOUT: All right. Just a minute. Let Mr. Martino finish. MR. MARINO: Just one final thing and I'll let these people speak. I just wanted to get in and say this because I knew it was different from what was going to be CERTIFIED COURT REPORTERS (714) 558-9400 (213)637-3550 FAX (714) 836-5195 23 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 repeated and I just wanted -- I think the final goal should be for everybody to get into their homes -and have the customer service problems taken care of. We have to realize that we're dealing with a company that might not exist in a few months if they get pressured too far. And my main concern is that if the proper -- we have to try to get what we can get out of them before they realize it's not in their interest to hang around. MAYOR STOUT: We understand that. We just don't want you to be sitting out here three months from now with the same problem they've got. MR. MARINO: Well, you know, my situation is that I just bought a home a year ago which I can't replace with like value right now. And my situation is that I would like to -- I'm looking at a potential loss of over $100,000 if I have to repurchase this home again at today's prices versus a year ago. Everybody knows what happened up here with property. And when I look at that in comparison without a square drywall -- I'm in the construction business. When I look at that in comparison with driveways that are cracked, out of square drywalls, looking at two different levels. I could live with those problems if I could recover what I had a year ago. MAYOR STOUT: We understand. CERTIFIED COURT REPORTERS HrrrN� . U.. . MW... (714) 558-9400 (213) 637-3550 FAX (714)836-5195 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. MARINO: Thank you for your time. MAYOR STOUT: Mr. Bennett. Yes. He's the one that brought this to our attention. Come forward, Mr. Bennett. As a matter of fact, if you would have been quicker earlier I would have gotten to you first, Mr. Bennett. MR. BENNETT: In response to your request -- yes, the City Council did request that I bring the problems in written form before the City Council. I made sheets -- I made up sheets with these problems attached similar to this. I passed them out to each one of the residents. We had a community meeting. A spokesman was elected for the community. I know I -- my wife turned in ours to the spokesman. But I think we did make a concerted effort to -- MAYOR STOUT: The reason I did that, and I don't want to put you on the spot was: I wanted to go out and take this list and look at some of these things so I'd have the opportunity to eyeball them myself. So I didn't have the opportunity. So I don't feel like -- I mean, I can listen to what's being said, but I didn't have the opportunity to prepare myself and I really wanted to do that. That's why I asked for that. MR. BENNETT: You know, the one problem we found out -- and I think it's typical of all people -- it's easy to get up and talk and relate your problems, but to ask CERTIFIED J& �] COURT REPORTERS Urrrrll • Uw.wn • MO. - (714) 558-9400 (213) 637-3550 FAX (714)836-5195 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 them to reduce it to writing, you've seen reports, they're very brief or whatever. People are just reluctant to do it. But I spent quite a few man hours trying to do just what you requested. Could I turn this -- I've got my individual problems. But I think our speaker wanted to start off. MAYOR STOUT: Yes, please. MR. KUNCKLE: Mr. Mayor, Councilmembers, my name is Kim Kunckle. My address is 10132 Whispering Forest. I am an architectural committee member and I speak on behalf of the residents. I'm only referring here to one problem, our CC&R problem that was brought up earlier. We'll have other speakers to discuss some of the other issued. A resolution issued by the Planning Commission, it was Number 83-08. It mandated the foremention of CC&R's prior to our development of our area. The CC&R's were in fact formed, appraised and recorded. The Architectural Committee was formed in connection with the CC&R's to approve permit applications prior to the City permit issuance. The City, in fact, abided by the CC&R's until Dick Scott, a committee member, transferred his control to his bank. The City has since issued permits without Committee approval in a violation of CC&R's. For instance, we have our -car garages, we have block walls. 111111 (714) 558-9400 COURT IREPORTERS (213) 637-3550 H. -ti. MO.- FAX (714) 836.5195 26 1 2 3 4 �1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 P We have in some instances excess tree cutting. And we have horse trail easement encroachment. Planning tells us they cannot use taxpayers' money to enforce private CC&R's. Our question is: If Planning is right, then why did the City mandate and appraise the CC&R's and then abide by them until Dick Scott relinquished his authority. Also, we wonder: How would taxpayer money be involved, expended, if the building required approval of building plans prior to permit issuance? The reason we feel doesn't quite hit squarely on the issue. Planning's reason, again, for not honoring the CC&R's is that they'll use taxpayer money for enforcement. Well, the word "enforcement" confuses us a little bit. We have not asked them to enforce the CC&R's. We've asked them simply to honor them by -- excuse me -- we've asked them to honor them by going through our Architectural Committee first. When they say they want enforcement, they're presupposing a conflict that never occurred when the City did honor the CC&R's. And we have no proof at this time that we'd have any conflicts now. The enforcement that would involve taxpayer money we think is a separate issue. We ask then that the Council cause the CERTIFIED COURT REPORTERS hA 11elm.n (714)558-9400 (213)637-3550 FAX (714) 836-5195 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Building Department to honor our CC&R's, which, again, are mandated. We ask the the Building Department require Architectural Committee approval prior to issuing a building permit. Can I answer any questions? MAYOR STOUT: I'd like to ask some questions of our attorney. What's the situation with the CC&R's? MR. MARKMAN: It is just as Brad stated. The reason -- I will first of all make this real clear and simple. The City does require CC&R's. Most cities do, not to enforce them, but be sure there's a mechanism in place for seeing that some policies are implemented, the classic one being the private horse trail, if you have common areas or something like that or some system set up to maintain the common areas and the fund created to start that up, and the City reviews CC&R's for those purposes. The City cannot enforce, by way of refusing to issue building permits, without Architectural Committee approval, cannot enforce that part of CC&R's. I know of no city that does that. The City can enforce design or review standards, Building Code standards, and any conditions of approval of the tract. But what it can't do -- and we would be subject to a writ of mandate action enforcing us to issue the building permit, is to hold up somebody's building a 1611 CERTIFIED COURT REPORTERS (714) 558-9400 (213)637-3550 FAX(714)836-5195 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 P461 house up based on our Architectural Committee not agreeing or waiting for the action of the Architectural Committee. We can't do that unless the CC&R's stated that the City was a party to them and could do that, which most don't say. Frankly, cities just don't -- that would create, essentially, another level of designer review board monitored and administered in the city as another step to administering the building permit. I don't know of any city that does that and I represent six of them right now; my partner represents another one. So that's the response. As far as honoring them is concerned, if Scott was managing to get Architectural Committee approval and had it on his way into get the building permits, and if, in fact, Nordic continued to do that, I'm sure that would make the City -- give the City more comfort. But we can't enforce those. We can't say: We will not give you a building permit until you show us the Architectural Review Committee appraised something. We have no jurisdictions to do that. The Council can direct us to do that, but we don't have the legal jurisdiction to do it. UNIDENTIFIED SPEAKER: As a practical matter, when Scott was developing, wasn't he building tract houses at that time? I think he did build tract houses and those CERTIFIED COURT I %qp I [,A "REPORT ERS (714) 558-9400 (213) 637-3550 FAX (714) 836-5195 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 were subject to the design review of the City because we have a policy to design review tract houses. I was on a design review committee when that was happening. I don't recall ever having a discussion about CC&R's or whether they were approved by an architectural committee or not. But he was, at least in my opinion -- when he was going through design review -- subject to the City's design processes. But the problem you're talking about, I think, is like on individual -type custom -type houses; isn't it? Or are there tracts that are going through that haven't -- MR. KUNCKEL: On custom houses and subsequent building -- modifications, second two -car garages, for example -- MR. MARKMAN: But if someone comes in to the City and says: Here, we've got plans worked up to, you know, put a block wall or something like that, takes a building permit and doesn't violate any City condition, meets the Building Code and doesn't violate a design or review standard or rendering, we've got to issue it. And we've got to issue it. We can't go back and say: You know, bring us approval of a private contractual committee. You guys can stop it. You might even be able to get them to take it down if it violates your standards by way of CERTIFIED (714) 558-9400 COURT (213) 637-3550 REPORTERS FAX (714) 836-5195 30 1 2 3 4 5 6 V] 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 private rights, enforced by private lawyers, but we can't do it. And Brad is right about that. I might also add that it's very similar to other home owners' association and CC&R's. I guess I could point to other examples -- there are similar architectural review committees are set up. They aren't set up because the City requested them to be set up. They were set up because the developer at the time -- whoever that was -- desired to have some kind of control as to what kind of homes or designs that person wanted. But that can change over time. I could point to Deer Creek where the homeowner's association is so strong you can hardly paint your house a different color without going through the homeowner's architectural committee. Because the moment someone didn't follow that, they'd get sued. That's how the mechanism works. You get these particular design issues solved in a homeowner's association. MR. KUNCKEL: Can you tell me what caused the City -- the Building Department to honor them in the beginning and then stop? MR. MARKMAN: I don't think it's a question of honoring them. If Scott controlled those homes, he controlled the plans submitted to the Building Department. And the Building Department saw whatever it was that Scott CERTIFIED COURT REPORTERS (714) 558-9400 (213) 637.3550 FAX (714) 836-5195 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 saw. So it's not a question of enforcing the CC&R's. MR. KUNCKEL: There is one custom home on the corner of Hermosa and Whispering Forest that was denied a four -car garage by the Building Department because architectural committee approval had not been obtained first. And of course, Scott would not grant -- MAYOR STOUT: Mr. Grant, do you recall a situation like that? You're the one who issued the permits. MR. GRANT: Mr. Mayor, I don't recall that, but I don't issue all those permits. We would normally not be involved in CC&R's. MAYOR STOUT: Brad, do you know anything about that? MR. BULLER: During the early development of the project with some custom homes, there was some of our staff members who were cognizant of the CC&R's, and as individual homeowners were coming through, we advised them of some of the restrictions and we worked with the homeowners to come into compliance with those CC&R's. But I don't believe we've ever denied a building permit based on a homeowner's push. We have tried to encourage them to comply with the CC&R's. And I think Mike Grossal is one who is going to get up. He is the one in particular who I think raised this issue, and he dealt directly with one of our staff members, Dan Coleman, on the matter. CERTIFIED COURT REPORTERS (714) 558-9400 (213) 637-3550 FAX (714) 836-5195 32 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. GROSSAL: My name is Mike Grossal. I'm a resident of The Woods. And first of all, I would like to clarify that the standing at this point, is that the City Attorney and the Council believes that they cannot enforce or help the community enforce the existing CC&R's. That's what I've been told through the Planning Department and through other agencies in the city. When I purchased my property, I purchased it from First Federal Savings. And at that time I received a set of CC&R's that I was requested to abide by by First Federal Savings prior to submitting my plans for a building permit. MAYOR STOUT: Is this the bank that they've talked about, that Dick Scott turned the -- MR. GROSSAL: Yes. There were 13 lots in the community that were taken over by First Federal Savings. MAYOR STOUT: Okay. MR. GROSSAL: And Mr. Barry Anderson was the gentleman at that time that was entrusted in the evaluation of architectural plans for that particular 13 lots at that time. His whole encompass of, what they would call Phase I, which was 30 lots, there were 13 lots that were sold off as customs. MAYOR STOUT: Okay. MR. GROSSAL: At that time I was working with CERnFIED []JAICOURT ]REPORTERS (714) 558-9400 (213)637-3550 FAX (714) 836-5195 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Scott Murphy that was at the Planning Department at that time. And one of his requirements placed upon myself was to obtain architectural committee approval prior to the issuance of a building permit. And my concern is the inconsistency of that that we're seeing. And I think some of the other members of the community are also concerned about that. We have notified the Planning Department several times. We've sent letters -- and I have copies also to you, Mr. Stout, and Debra Brown, Building Department, Mr. Tom Graham, an assistant planner, in April and reminded him again that there is an architectural committee. I sent a letter to everybody, Mr. Stout and Debra Brown, on June 5th of this year again reminding them with a letter from the bank when the bank requested to turn over his responsibilities to the homeowners or the architectural committee. My whole problem is: At the time I was trying to achieve receiving a building permit, that these restrictions were placed upon myself. On looking back at it now as a concerned citizen in a community that I wanted to abide by them, but maybe I shouldn't have and built the four -car garage and done some other improvements that maybe weren't according to the CC&R's, and maybe my property would be worth more in value today. CERTIFIED COURT REPORTERS (714)558-9400 (213) 637-3550 FAX (714)836-5195 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 My question is the inconsistency of the inspections and the requirements. We have seen -that periodically now throughout this development. We are concerned with the future development as far as -- most people want to stay in a home four to five years and then resell and then somebody coming in. We're concerned about all these things that are going to happen -- now -- additional two -car garages being put up, more trees being removed, people putting in pools and tennis courts and so on and so forth, which is going to have a major effect on that community, which we feel we are unique in the city of Rancho Cucamonga. The inconsistency is what I'm concerned about. We have brought it to very -- many people in different agencies and especially to Mr. Dan Coleman. And we met with Mr. Dan Coleman prior to some issuance of permits and were told point blank, myself and Mr. Kunckel and Jim Mayfase that the permits for a block wall would not be issued until it was brought before the Planning Commission. And that was on a Wednesday. On Friday the homeowner received a permit to put in a block wall. Prior to them pouring any concrete on their wall, the Building Department, Planning Department was notified that we were concerned that the wall was going to CERTIFIED LLAI COURT REPORTERS (714) 558-9400 (213)637-3550 FAX (714)836-5195 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 be installed encroaching upon a recorded easement. And I spoke to the field inspector himself, went to the Building Department and looked at the plans that were on file. It did not resemble the in -field work that was being completed. I brought it to Dan Coleman's attention. They proceeded with work. And I know Code Enforcement was up there a couple of times to talk with the homeowner. Our concern is: The City puts out little pamphlets. They have in writing, procedures for inspections. I know in my particular instance the City doesn't require for lathing to be completed on the exterior of the building for frame inspection, although I was cited by Mr. Gary Gibbons when I was building my house, that he wouldn't give me an inspection unless the lath was complete on the building. I was charged an extra $20 in inspection fees when it's not part of the City's criterias in writing. At that time I went to see Mr. Jim Schroeder and he informed me that it's up to the field inspector to make his own judgment. What I see, and what I see in the development across the street from me -- and I am in the construction business -- that there are blatant Code violations being 25 1 overlooked. And I think it's up to the Council and the COUCERTIFIED RT REPORTERS Hurrll • Il.. •nn . Nrl... (714) 558-9400 (213)637.3550 FAX(714)836-5195 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Building Department to get together and decide if they're going to investigate these thoroughly and see what the inconsistencies are on these inspections. I received a letter from the Planning Department regarding a removal of six trees for a neighbor across the street from me. And I spoke to the homeowner. And he previously had -- from my understanding -- that he had an approved grading plan and the removal of the trees was necessary to complete his grading plan, number one. Number two is that if the trees were left there, they were going to be completely buried and they would die anyway. Now, this gentleman has been put through, what I would consider, over and above or swinging the pendulum the other way when we're letting the neighbor right across the street put in a block wall with an unimproved plan which was brought to both the Building and Planning Department's attention prior to placement of concrete. We feel he has placed concrete in a recorded easement, removed an existing -- and the response is: That's the way it is. We consider it an improvement. We need to have some consistency between the inspections and the continuity between the departments. That's what we're asking. MAYOR STOUT: You indicated that there are blatant code violations going on across the street? CERTIFIED LLA COURT REPORTERS (714) 558-9400 (213)637-3550 FAX (714) 836-5195 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. GROSSEL: Well, I have observed them myself. MAYOR STOUT: I'm not an expert in the building area. Can you be more specific? MR. GROSSEL: Well, I have seen -- just briefly walking through the units -- and I know there are some considerations for septic tanks and installation which at the time that I built my unit, Mr. Gary Gibbons required that I have photographs on file, a grading plan with measurements, knowing the exact location of the septic tank, and that I supply him with a letter from the manufacturer to see if the City would approve that manufacturer of the tank. Those are some of the things that I see that I was required to do. And on the Code violations, I've seen numerous concrete repairs and concrete bearing points that were not met according to the minimum standards of UBC. MAYOR STOUT: Concrete points? MR. GROSSEL: Bearing points which mean I've seen exterior walls being hung over the exterior slabs more than two inches and the developer dry packing those. MAYOR STOUT: Dry packing? MR. GROSSEL: Which means that they're adding on to the slab without -- that's correct. Now, a lot of those things I can -- you know, CERTIFIED COURT REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836-5195 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the inspector doesn't have three hours to inspect one house for each individual inspection. So he mares a general overview. But there are some things that are maybe being rushed through that maybe need to be looked at a little bit more thoroughly. UNIDENTIFIED SPEAKER: How could you tell that situation, if it had been dry packed? MR. GROSSEL: Well, it happens to be just the units right across the street and I live on the corner. UNIDENTIFIED SPEAKER: I'm sorry. How could that be shown after it's been done? Is there a method to either check or -- MR. GROSSEL: Well, I think that basically -- probably where the situation would be caught is either in framing inspection or during the exterior lath inspection. This would be quite visible. MAYOR STOUT: Just a second. UNIDENTIFIED SPEAKER: On that packing on Lot 12, I am a new homeowner. On Lot 12 they have done that. MAYOR STOUT: Lot 12, across the street? UNIDENTIFIED SPEAKER: Nordic. I don't know what the street number is. I believe it's Copper Mountain. UNIDENTIFIED SPEAKER: I guess what I'm getting at is: Since you are in construction, is there a method that will reveal that that has been done to the wooding areas? jCERIMnFIED COURT REPORTERS (714)558-9400 (213) 637-3550 FAX (714)836-5195 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. GROSSEL: Sure. MR. GLASS: For example, there was a two-inch gap between the frame and foundation. They've came back and poured cement down between the frame and foundation and smoothed it out, which is more than noticeable. MAYOR STOUT: What's your name, by the way? MR. GLASS: Dwayne Glass. MAYOR STOUT: Okay. MR. GROSSEL: I think one of the points I wanted to bring out: Basically -- as Kim tried to bring up, is that at the very beginning I think the City, the Planning Department, the Engineer Department, and all the departments had a good knowledge of what was going on in The Woods. And as the City grew it kind of, you know, things got busy and we kind of went on our way and it wasn't looked at as closely. The problem with it is: Is that, I feel, if the inspections aren't consistent in the requirements that were placed upon me -- and I know Jim, I spoke to him last night -- Scott asked him to bring something in writing from First Fed. Mine was just bringing in a signed set of plans. And as you know, we went through this with the tree -cutting ordinance with Scott Murphy and yourself and myself. And I would like to comment that Mr. Hockum CERTIFIED COURT REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836-5195 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was brought before a design review committee on a single-family residence at that time. And there was a statement made earlier that he was not. And it's not generally -- planned, but I think at that time it was a City standpoint to stop his development, which I agree with that was the policy at that time maybe. It's not now, but at that time it was. MR. GLASS: Unfortunately for us, a jury didn't believe us. MR. GROSSEL: I was right there. I took all the heat from him every day. But that's why I'm really concerned, is that a neighbor right next door to me supplied a plan to the -- department for a tree removal permit. We met with Dan Coleman and we were told: Hey, they're not even going to get a permit until they even go before the Planning Commission. That never happened. I got a call from the Assistant Planner saying: We've given them a permit. They never ceased work the whole time this thing was going on, never. MAYOR STOUT: Which house was this one? MR. GROSSEL: This is the house right adjacent to me, the Schrews. And the other concern we had during that whole incident was that he was not a licensed contractor. So I called to find out if it's an owner -builder and CERTIFIED I&II COURT REPORTERS (714) 558-9400 (21.3) 637-3550 FAX (714) 836.5195 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 7 24 25 they're pulling a permit by owner -builder, what are the City requirements for insurance? That when the -homeowner is doing an improvement that requires a permit and it's knowledgeable by the Building Department that they're hiring people by the hour, what is the requirements from the City, if there is any, for insurance to be on file? The statement I had made to me that there was no insurance requirements. I want to refer to your little handout here. On Page 5, Item B it say: "If you intend to hire workmen on an hourly basis, you are required by law to provide Workmen's Compensation insurance and your insurance company just provide a certificate of such insurance directly to the City." That's another inconsistency that I see that's not being handled. That's some of the things that I feel are not being followed through on. And I know some of the other homeowners have some concerns about that, also. MAYOR STOUT: Okay. UNIDENTIFIED SPEAKER: What do you think would resolve the problems? Or what would take care of these big gaping holes that you're seeing in the process? MR. GROSSEL: Well, I'm sure all the inspectors and the engineers who go out in the field are overworked with more inspections than they can take care of. MAYOR STOUT: Part of the problem is too: Some of &,i10E1MFIED COURT REPORTERS Barr— • Us— r MOmm (714)558-9400 (213)637-3550 FAX (714) 836-5195 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the inspectors can trust certain builders. If they are building 10 houses, they can look at a couple of them and they're pretty sure that the others are okay. Some builders you have to look at every single detail. MR. GROSSEL: Then at that point I think that the field inspector has to make the determination: Is this guy building according to: number one, approved plans, conditions of approval, and everything that was placed upon that development during those inspections. And if this happens, you know, more than one or two times and they're not corrected -- and I know we use -- I work for a developer who just went through this in the City of Fontana. I'm sure you're fully aware of that, what's going on there. We picked up a job and a year later and $2 million later, we fixed it. And I've been to many of the council meetings where there were hundreds of people standing there with homeowner complaints. And the same thing is happening here. And it's happening again in Fontana. After watching the paper, it's happening again. It's the same developer and they're having the same problems. UNIDENTIFIED SPEAKER: And you're saying that these are problems which should be caught at the time that the building is being done? MR. GROSSEL: That's correct. CERTIFIED COURT REPORTERS (714) 558.9400 (213) 637.3550 FAX (714)836-5195 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 E41 22 23 24 25 UNIDENTIFIED SPEAKER: They aren't just problems that crop up after the people move in? MR. GROSSEL: No. Basically any inspector, he doesn't have -- he probably has 15 minutes, if that, to make a general inspection on each individual item. So if he comes at the first time and feels comfortable with each one of the plans or whatever -- they're being called off or whether it be underground or septic tanks or concrete or framing or whatever it is, an inspector gets a good feel for the project and knows whether the developer is completing things according to plan. And that's the only way to control it. The inspectors are basically the last person who can say yea or nay. I can see the inconsistencies. I know -- I was thoroughly upset at the time I was building my unit. I worked for a developer up in Upland. We built hundreds of units in Alta Loma and Rancho Cucamonga and I had never, ever seen the attitude of a field inspector. But I could not get a response at that time. I wanted to get a final inspection also. And when I was asked to pay a fee for $20 for reinspection and I went to see Mr. Schroeder at that time, there was no alternative; pay the $20 and keep right on going. Otherwise my next inspection wouldn't have happened. So that's part of the problem on the other side from the developer's standpoint or a CERTIFIED COURT REPORTERS M.1— (714) 558-9400 (213)637.3550 FAX (714) 836-5195 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 single-family homeowner who's trying to build his own house. The other thing I wanted to bring up was code enforcement. Brad and I had a conversation a few weeks ago about some conditions, I believe, along Hermosa Avenue that I felt were very unsafe that Nordic Development has left open for several weeks. I checked on the way down here again tonight, Brad. The few delineators and tape that they put up two weeks ago have been knocked down and it's still sitting the same way. The problem I have with that is: If Code Enforcement knows it is an unsafe condition, periodically they should go back and check to see if it is being remedied. There has been an open trench in a bridal trail on Hermosa Avenue which is a pathway for foot traffic, for six weeks that I know of. I have called Code Enforcement several times due to the fact that the bus stop -- the children's bus stop for grade school, high school is right in front of my house, actually on the side of it. I was successful, and my wife was last year to -- curb standard -- Nordic Development just didn't acknowledge the red curbs. I mean, I went to the construction trailer several times; I called the Sheriff's Department. And when I went over to the Sheriff's Department when we had the meeting -- there are CERTIFIED COURT REPORTERS (714) 558-9400 (213) 637-3550 FAX (714) 836-5195 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 signs posted No Parking. They have been there for three years. Every street has them. We've brought it -up several times on while during -- when even single-family homes that are being built by individual people, if their contractors are making it very difficult for us to get to work or get out of that development. There's only two streets coming in and out of there. Why can't the police department do something about ticketing these people. And I've experienced it with my neighbors. And the police department came out several times and said: Well, you'll have to put up with it. I believe if our safety -- our safety should be the number one concern. I know when I built my house that I had to consider the existing neighbors and the safety of the people, not to say: You have to put up with it. And we voiced that to the police captain and he agreed that they would start coming out and ticketing. And my concern is the school year is starting. Nordic is a very shoddy developer. I would stand nose -to -nose with them and tell them that, just by looking at what he's doing. And we're concerned that the school bus now comes up Hermosa on that very narrow strip. There are some times I can't even go to work in the morning because of CERTIFIED COURT REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836-5195 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 trucks there with no flag people, no control, no traffic control by the developer or their subcontractorg. And if it continues, sooner or later something is going to happen. And I don't think we should wait for that. I think the City agency should take it in hand and say: Look, as far as I know, right at this point Hermosa Avenue is a dedicated street. It is maintained by our taxpayers' dollars. And I'm sure there are restrictions upon Nordic's -- both tracts -- to replace or repair a certain portion of those streets. But until that time, our taxpayers' dollars are maintaining it. And we should get the services for our taxpayers' dollars, which means a safe condition to drive on. If it means that Nordic has to make another entrance to the tract, that's what they're going to have to do. But I can tell you: Everytime I go by there and there is a truck blocking the road, I call the Sheriff's Department and I'm sure a lot of the other homeowners do, and I'm sure they're tired of hearing from us. And I'm sure, you know, Code Enforcement is tired of hearing from me. But I'm going to call them everytime that I see a problem. And that's what our -- I'm paying my taxes for. MAYOR STOUT: What are these trucks primarily doing? MR. GROSSEL: They're delivering -- I Al CERTIFIED COURT REPORTERS (714) 558-9400 (213)637-3550 FAX (714) 836-5195 47 1 2 3 4 5 6 7 8 �J 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. MARINO: Delivering stuff? MR. GROSSEL: We've had several instanceig where I have called the Sheriff's Department because trucks of Nordic have thoroughly blocked the road and you can't get through. UNIDENTIFIED SPEAKER: Where can they go to? I mean, if they're delivering pieces of housing construction, where are they supposed to go to deliver it? Are they supposed to park on Hermosa or whatever it is? For instance, if they're carrying a bath tub to each unit that they're developing -- I'm just trying to imagine this -- is that what they're supposed to do? MR. GROSSEL: Well, they have existing streets in their development. During the construction of the northerly tract, it's more convenient for their contractors to unload on Hermosa Avenue, which is a City -maintained street. Which, number one, there was traffic on it over the limit or the street can handle. Number two, is that they could have pulled into their development to unload their material. But because the way they do their development, it made it difficult for the contractor. And basically the contractor is in business to make money. He's going to do it the quickest way possible. So that the gentleman that comes out there to unload the material is going to take it 1161 CERTIFIED COURT REPORTERS (714) 558-9400 (213) 637-3550 FAX (714) 836-5195 48 N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 off as fast as he can take it off, either piecework or whatever it might be. That gentleman unloading -that material doesn't know what he's doing to the rest of the community. I think it's up to Nordic to have adequate supervision out there to handle that. MAYOR STOUT: I have a question I want to ask, too. The way the tract, if I recall correctly, was developed, they just didn't do it in phases like the bottom, the middle, the top or something like that, didn't they disburse some of the units throughout it? MR. GROSSEL: The northerly section of that tract is exactly west of my house. It looks to me like they -- one street at a time. And that was the question I came up with and asked a few people how they were being able to get occupancy on each individual street that way because I've seen a lot of repairs going on in the city of right-of-ways, driveway approaches being torn out while people were moving in. And getting back to when I did my driveway approach: The Engineering Department specifically told me, if I did not have delinears in the city -- right-of-way, they would not give me an inspection for my approach. And here we're right across the street -- I mean, to try to impose those requirements on even one house, we have to impose them all the way across the CERTIFIED 1161 COURT REPORTERS Sarrelt (714) 558-9400 (213)637-3550 FAX (714) 836-5195 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 board. I experienced the same thing with the Schrews and -- and I called the Engineering Department to verify that they had an inspection prior to placing the concrete. I never received a return call, never. I have never received a return call from Code Enforcement when I've called them to say "I've been out there, look at the problem and here's what our intentions are to resolve it." I'm sure they're just tired of hearing from me, number one. Something is going to have to be done or I can see that this stuff that is happening out in the field is going to turn into another Fontana. We're going to be in the same boat. We're going to have 200 homeowners standing here. That's my opinion. You know, I've seen it. MAYOR STOUT: In your opinion could we -- I don't know if this is practical or not -- could we keep them completely off of Hermosa as far as deliveries? There's no need for them to put materials on Hermosa anyway. MR. GROSSEL: There's no reason why they can't drive in to their project. But it takes supervision from Nordic to do that. MAYOR STOUT: I think they've probably demonstrated they're not very good at doing that. JCEIMFIED F1 A COURT REPORTERS (714)558-9400 (213)637-3550 FAX(714)836-5195 317 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. GROSSEL: So -- MAYOR STOUT: Can we condition it to keep them off of Hermosa? UNIDENTIFIED SPEAKER: It is a condition; isn't it? MR. GROSSEL: Well, I think your one out might be that maybe the equipment they're putting on the street that's not designed for that load, could be one out. MAYOR STOUT: It's like you said, that's a public thoroughfare. I can't recall but there might be one or two houses, something like that, that even remotely front on Hermosa. The others are on the side streets to the south. MR. GROSSEL: The developer right now, they're in the process of finishing their streets in there. They can drive in. MAYOR STOUT: Right. And towards the north -- I can't recall -- but it seems to me there might have been a couple of houses or something -- MR. GROSSEL: There are four houses at the very northerly end of Hermosa that face Hermosa. Now would be a good time for some of the agencies to go out -- if they're concerned about code violations -- and maybe look at their last four units. They can look at them. Thank you. MR. GLASS: Dwayne Glass again, Mr. Mayor. CERTIFIED 1141 COURT REPORTERS (714) 558-9400 (213)637-3550 FAX (714) 836-5195 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I have Lot 12 in Nordic Woods. I went to the walk-through today with -- I guess his name is Greg. We had -60 items that was wrong with the house between warped walls -- MAYOR STOUT: Are these the houses on the west or the east? MR. GLASS: That would be the west side. I have a house on the east side, too. Then they have poured concrete between the framing and the foundation. They have not found the outlet for the septic tank. They've been digging for a week. We have four -foot holes all the way around in front of the window in the driveway. MAYOR STOUT: Are they sure there's one there? MR. GLASS: When I asked him that he says: There's got to be. I asked him: Then where's the outlet? He looks over at the man and he goes: Maybe it's over there. I said: Well, what are you going to do with it? He goes: Well, we'll just have to tear it up and see if we can find it. Then we have like, warped walls, tack tile. You know, the tile on the roof, he says: Well, this is the way it's supposed to be. I climbed up there and showed him. I picked up a piece. It was not nailed down. CERTIFIED COURT REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836-5195 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 You got wood frames going through, you know, it's just -- I'm not even mentioning the paint, -the dents, the chips which comes with the house, but they've gone beyond the point. Just like I live on Stratton Court now. They've taken -- and I've had to take and put $2,000 in grading that they did not do the grading that the City said they had to do. I had to do it myself. I've called the City and asked them what they're going to do about it. They've never gotten back with me. So in order for me to get the water runned off, I had to do it myself because I want to put it up for sale, make a profit, go to another house, and make a profit off of that. I understand the gentleman's problem over here. But if you go to a store and buy a bicycle, you want both tires with the bicycle, not -- you know, not saying: Yeah, we're going to make a good profit, there's no doubt about it. But do the job right the first time. Don't have us keep coming back. Have your inspectors get out there and say: Hey, this isn't right, the leach lines ain't right. You're not supposed to hand drill them; you're supposed to put them in correctly. The wall is warped by three inches. I have CERTIFIED 1161 COURT REPORTERS (714) 558-9400 (213)637-3550 FAX(714)836-5195 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 been on the other side of the room and seen it. Don't have me come in there and say: What's this problem? The wall is supposed to be straight. The floor is supposed to be straight. Sir, if you'd like to come out to Lot 12, I'll show you these things. Don't get me wrong, Nordic has improved because of the pressure you have applied upon them. but they're only doing this so they can final some other house. If you let up on them, they would go back exactly the way they were and we will get nothing done and things will come apart. That's all I have to say. Thank you. MRS. BENNETT: Mrs. Phyllis Bennett at 5167 Silver Mountain Way. My husband is George. I have a different problem. We have a vacant lot that sits east of us and that comprises about, oh, three -plus acres. The lot is overgrown with weeds for the past, oh, three years, since we've been living there, and nobody has ever come and cut it down. My neighbor, Linda Roberts, called the City about a month or maybe almost two months ago requesting: What about the weeds there? We have to have weed abatement. We get notices. So what they told her was: Well, we've CENHHED COURT REPORTERS fl.rrr�1 U.w..n Mrlm.n (714)558-9400 (213) 637-3550 FAX (714) 836-5195 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 notified the owner and if he doesn't do it we're going to come in and we're going to bring our own equipment in and we're going to cut it down. Like I said, this is two months ago, and they told her it would be done within two weeks. Now, that's a fire hazard. Now, one of the solutions was: Well, if they don't come in with their own equipment, we're going to have controlled burning, which I think would be wrong because of the fact our trees are all the eucalyptus. They can explode with intense heat. MAYOR STOUT: Wait a minute. Somebody said "controlled burning within the woods"? MRS. BENNETT: Yes. This is what they told her. MAYOR STOUT: Who are they talking to anyway? MRS. BENNETT: I don't know who she called. She called up somebody here in the City and they said: Well, if we can't get our equipment in there, we'll have controlled burning. This is what we were told. And she said fine. I don't know -- that new guy we hired. This is what it was. MAYOR STOUT: Would it be a surprise to you that we don't do weed abatement in the City? MRS. BENNETT: Well how can we get notices if our weeds -- MAYOR STOUT: The County of San Bernardino does it. CERTIFIED COURT REPORTERS (714) 558-9400 (213)637-3550 FAX (714) 836-5195 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNIDENTIFIED SPEAKER: I can reasonably well assure you that we don't go into controlled burns on residential areas. MRS. BENNETT: Well that was what she was told. This is what she was told. She called the City up. The Water Company is adjacent to this field. Their weeds aren't cut either and that's City property; isn't it? MAYOR STOUT: No. MRS. BENNETT: Their weeds aren't cut either. UNIDENTIFIED SPEAKER: It's the Cucamonga Water District. They have their own governing agency. MRS. BENNETT: Why don't they cut their weeds then? UNIDENTIFIED SPEAKER: You need to ask them. Call them. MRS. BENNETT: Because like I say, we've got weeds in back of us and the owner has supposedly been notified and yet nothing is done. That's it. Thank you. MR. BENNETT: I apologize, Mr. Mayor. I did try that. I would have tried harder, but we did not receive any phone calls. We have an answering machine. There were no phone calls. And the letter I received from Mr. Martin, I did duplicate that also and pass it around to the various homeowners. My problem is -- MAYOR STOUT: I didn't want to make a big issue of CERTIFIED COURT REPORTERS (714) 558-9400 (213)637-3550 FAX (714) 836-5195 6TI E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that, but most of the people here on the council are very interested, especially items like this in going and looking at them and seeing what they're all about. I'd like to do that if I can. I'm going to make a list of stuff. I'm going to go out and look at as much of this stuff as I possibly can. MR. BENNETT: Well, I think it's a good idea. MAYOR STOUT: But it kind of delays things a little bit. MR. BENNETT: In fact, I will bring up an example a little later on. MAYOR STOUT: I hope it's not -- MR. BENNETT: The department heads should go out there instead of depending on their subordinates. MAYOR STOUT: Hope it's not a cesspool tank or anything like that. MR. BENNETT: Mine is the flood conditions behind our property. Water runs down Mayberry for approximately three blocks. It's a very steep hill -- or two blocks. Prior to coming -- entering the street from Mayberry the street from Mayberry it comes down from the mountains. It goes west -- or north at Beaver Creek on a small -- oh, I would say not more than eight -inch drainage ditch. It goes adjacent to the property and it goes down Beaver Creek, then goes down Silver Mountain Way, part of CERTIFIED COURT REPORTERS (714)558-9400 (213) 637-3550 FAX (714) 836-5195 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it. The other part is diverted to our horse trail, goes down the horse trail, goes over the vacant lot next to us, floods out our berm, goes through our property, floods out our neighbor and two neighbors below that. We did complain. The City did come out and put a curb in, so forth. And it still did not resolve it. Where the water comes through the people's home at Beaver Creek he's put rocks and so forth to try to prevent the erosion when it rains. We have dumped several loads of dirt in the property above us to try and dam the water that won't come through, and all my neighbor gets is about four inches of dirt all over the patio. MAYOR STOUT: Is Beaver Creek one of the streets up there? MR. BENNETT: Yes. MAYOR STOUT: Because when I last saw it it was like Street A, Street B, and Street C and so forth. Mayberry, is that the common street? MR. BENNETT: Yes. I think -- in our horse trail, one of the reasons it goes through that vacant lot and it comes down through our property is because we don't have that gutter, rain gutter in our horse trail. And I think it was addressed in your minutes there. If it was on our side of the horse trail, it would prevent that water from overflowing into our property or the property up above and CERTIFIED COURT REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836-5195 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 so forth. It would be a big factor in correcting the problem. I would suggest that this be reevaluated. Now, after this was fixed a letter was written to the City. I think Mr. Huggins will bring it up -- on December 11th, 1988. And we still haven't got any response from that. I would suggest that this be reevaluated, the volume of water and the velocity of water when it comes down and better system be devised. I'd like to talk -- was there any questions on that? MAYOR STOUT: This primarily happened from nuisance water? Is this from rain water? MR. BENNETT: Rain water. That water comes down Silver Creek so much and so fast that if that street isn't clean -- and even if it is clean -- it would go over our curb and wash over our dirt and our bank. That's just how the volume of it is. MAYOR STOUT: Okay. MR. BENNETT: Street sweeping. I've fought continously with the City over that. So finally in January of '88 they considered the two weeks -- or biweekly sweeping the street. And they did pretty good for a while. Then we didn't have any for about three CERTIFIED 1161 COURT REPORTERS (714) 558-9400 (213) 637-3550 FAX (714) 836-5195 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 months. Then we complained again about last September and we started getting a little bit more. Then the individual came through, and he was going so fast he just scattered the dirt. And he only knew one side of the street. And if there was any debris in the street he would go around it and leave it, actually leave it, rocks and so forth. So the streets really looked bad. And when that debris builds up it just causes more of a problem. It just continuously builds and it becomes a real problem. We called to complain. And now, I think the last six weeks to two months we've complained he does slow down. He does know there's two sides to a street and he does hit the streets. And we have had good street sweeping. But, again, I think when this stuff comes up, the department head should go out and take a look at the problem. And I think you'll see one of the problems that I'm talking about on Archibald, north of Hillside on the west side of the street. They haven't swept that for sometime. The debris is there and the water goes out in the middle of the street and it just continues to build up. Trees. The City is rather restrictive, I understand, on trees. I would like to make a suggestion. We have to top our trees. I think that's the only way IST Mff rt�r [I ..i.:.iu ir1c1J COURT REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836-5195 .E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we're going to prevent all the damage and the windstorms. And we would like some help from the City. I know you've got deep pockets, but we're not really asking for that. Maybe a contractor to help us, maybe a better price will top those trees in the community so we aren't going to have them blown down and roof damage and streets blocked and so forth. Another thing on the trees is they're so much of a fire hazard. That we're only aware of because some fireman moved out there. And I wasn't aware that they were really a fire hazard. I guess they just explode. So some of the houses have the trees rather close. I think it would be appropriate that the City Planners would look at some alternate trees if we wanted to take some of those out. I think the trees are beautiful and we want trees. And we want to replace them. But I think some of those, it might be necessary to replace. Because he states that when they're close to the house they will explode because of the heat that goes ahead of the fire and a vapor comes off of these trees and they just explode. It would melt those aluminum windows and the glass, and the fire is right inside the house in no time. So we're going to have a meeting on it, the Community, that we can maybe trim them and so forth to prevent them. I never thought we could have a fire storm CERTIFIED COURT REPORTERS (714) 558-9400 (213)637-3550 FAX (714) 836-5195 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 M:3 19 20 21 22 23 24 25 up there because of the risks and so forth, and he said we're mistaken. I'd like to talk about the Sheriff's Department. When I mentioned the department heads -- after the July 5th meeting Captain Gilmore spoke and said that he would like to know more about what the problems were. And he was invited to a community meeting. He came up with his staff. He stated -- hit me with both barrels. I don't care. We'll see what we can do. And the Community hit him. He was very good. He explained the response time, priority calls. There was a lot of misnomers that was cleared up. It was agreed, I think in your report, community patrol, maybe a neighborhood watch. As a result of that meeting Captain Gilmore mentioned later on that it was very obvious there was a problem with communications, not only from the Sheriff's Department -- the Community, but from the Sheriff's Department to the Community. And therefore, he was going to set up a communications system throughout the community where you'd have community meetings to talk about the same problems we had with other citizens. He said he learned a lot from that meeting and he felt it necessary to let the citizens know what they're doing. So I did want to mention that one department -,ECERTIFIED COURT REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836-5195 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 head did -- he didn't alibi. He wasn't defensive. He told it the way it was and his staff. And he came out and found out what the problem is. I think on a lot of these items that you're going to find out after I've finished that maybe the department heads aren't getting the correct information that they're reporting. Thank you. MAYOR STOUT: The next -- MR. MOZER: My name is Ted Mozer. My wife and I bought like 25 up in Nordic, too, and I'm sure you're not interested in another horror story, but I guess I'm here to try to lay my little bit on the Council also. We heard this guy from -- this gentleman from Woodridge talking about being ready to move in in two months and getting ready to lease back his house and he's losing a place to stay. We're one of the four nonentities at the top of Hermosa that you referred to. We're 5498. We entered into a contract with Nordic II in February. And at that time Woodridge -- I believe were -- whatever, was cement pads. They hadn't even started the houses yet. Our house was in a framing stage. And at that time we had a May 5th move -in date. In order for us to enter into an agreement with Nordic, we had to have our house not only on the market but in escrow and by March and cleared escrow by CERTIFIED COURT REPORTERS (714) 558.9400 (213) 637-3550 FAX (714) 836.5195 63 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 May 5th. I lived in Laverne at the time so I gave a 90 -day escrow, which would move my escrow to Jurre. I'm expounding here a little bit. But Harry Cato called me and he said, "You're violating your contract. You cannot do that. You have to close by May 5th." I said, "Harry, let's play with it a little bit and see what happens." I didn't want any contingency; I wanted to sell my house. My house sold in June. I've been renting since June. I'm in the process of having to move again because when we took the temporary housing we were told at that time we had a two-month move -in date, so we took two months' temporary housing. Now that time is up. I went up to see Greg, the supervisor, this morning to ask: What's happening with my house up at 5498 Hermosa which is still in its framing stage? He said, "Rancho Cucamonga has put another two-week hold -- another two-week -- more formal inspections." I said, "That's not going to work." Because for the last 10 weeks every week I would go up there and Lauren would say, "Boy, you're going to see a big difference in the next two weeks." And I'd go up there and same old thing. In 10 weeks they enclosed one closet, that's all, framed one closet. And in that 10 -week period they put a few tiles on the roof, framed one closet and dug a CERTIFIED COURT REPORTERS N.rrwt • U.w.on • Nrimu (714)558-9400 (213) 637-3550 FAX (714) 836-5195 64 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 hole from the street to the house. And I go down and I see Jerry this morning and he said, "Yes, we did do a slow -down because we need to get these other things and it's the only way we can get the contractor to work." And I have no qualms with all these people sitting here with all their problems. I have no qualms with this gentleman over here wanting to move in in two months. And I have no qualms with the fact that the contractor should be doing his job. But the qualms I have and the question I have for the City Council tonight is: Why in the hell are you letting these people jack us around all this time? Why are you letting them continue to develop over on Sapphire? Why are you allowing them to continue to take the people's money over on another tract? I'd like to know where the City Council comes from in not asking these people, "Before you take another deposit, before you take another soul out here to Rancho Cucamonga to mislead them for the next year -and -a -half, go up and finish what you've got wrong first"? Okay? Now, who in here would like to ask me a question? MAYOR STOUT: Mr. Mozer, the question you've talked about here is not new to this City. 25 1 MR. MOZER: I know that. CERTIFIED COURT REPORTERS (714) 558-9400 (213) 637-3550 FAX (714) 836.5195 65 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAYOR STOUT: We've had this same situation come up here, it was, what, three months ago, a different developer of a similar type and we talked about that. And what is our legal authority? Can we keep someone from building and can we deny them, you know, some separate total, separate entity? We were told by our City Attorney at that time -- I doubt if the answer is going to be different tonight -- that we did not have the right to do that. MR. MOZER: Well, could I ask the Mayor why you would have to deny an arcade a permit because it might create a delinquency to the kids from 3:00 to 5:00, but yet you have people spending $300,000 for a house and you don't have any control over that developer whether he's going to defraud those people out of their money? MAYOR STOUT: Well, "Defraud," you're talking about criminal activity. That's a different -- MR. MOZER: New building codes. MAYOR STOUT: If you start charging somebody with a crime, you should -- that's something -- MR. MOZER: Well, okay. Strike the last remark. I didn't mean to overstep the boundaries. I'm frustrated. MAYOR STOUT: That's obvious. MR. MOZER: So all I'm asking for is that the City Planning Commission -- Planning and Safety is going to go k,,L."l lrmij COURT REPORTERS (714) 558-9400 (213) 637-3550 FAX (714) 836-5195 1 N 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 up there and stop the construction on something -- I had to go down today to get Jerry to say that he wodld release the inspector to go up and and inspect my property so they could get the framing inspection done. I've been waiting 10 weeks for that. That's been one excuse for 10 weeks. I've been waiting for that framing inspection. And Jerry, I went down today -- I sat and talked to Jerry during his lunch hour, got him to agree to do the framing inspection. I went back up. I got Greg to agree to call Jerry, I don't know whether he did or not because I haven't been back out there. That's half of my day of my livelihood to get my house -- at least to be agreed to be a framing inspection so they can go on with the installation, go on with the drywall, go on with building my house. Now, I don't know that they will do that. They'll find another excuse. But, I mean if this is the thing that I have to put up with, I don't know when I become an entity to the City. And right now that I was told by Jerry Martin that I'm a nobody because the contractor is the one that the City is dealing with. And once I take title to the property, then the City feels like I'm more of a problem because I'm now a homeowner. Because right now I'm not, even though I am. I'm legally, contractually obligated to the developer. It CERTIFIED COURT REPORTERS (714) 558-9400 (213) 637-3550 FAX (714) 836-5195 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 just doesn't seem like the developer is contractually obligated to me. - And there's got to be some kind of fair play here -- sense of fair play. I'm not asking for any special preference or special treatment of any kind. I just want what I entered into a contract with. And I think Rancho Cucamonga should have some kind -- more of a clout or strong-arm position with the developer to be able to make them perform on these things that -- MAYOR STOUT: Mr. Mozer, I want to ask you a question. I want your honest answer to this. Do you honestly believe that if we had an inspector sitting out there 24 hours a day watching that tract that it would have been done any faster? MR. MOZER: No. But I honestly believe that if you had told them -- I do believe. I understand they don't pay their subs. But I do believe that if you told them "You can't build on Sapphire. You can't have any more building permits in the Rancho Cucamonga -- City of Rancho Cucamonga until you straighten up your act and get these people that you have committed to straightened out, not only Nordic and Nordic II and The Woods and everybody else that they've sold to -- MAYOR STOUT: If we had the power to do that, I think that's a great suggestion. CERTIFIED COURT 161 REPORTERS (714) 558-9400 (213) 637-3550 FAX (714) 836-5195 W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNIDENTIFIED SPEAKER: What did we do with K&B? They were having problems that I remember. At least we were pounding our chests saying that we were going to do something. What was it that we did that made them acceptable in the City? MAYOR STOUT: They're not acceptable. Their streets still aren't -- UNIDENTIFIED SPEAKER: I really have to say to the Council -- and this isn't necessarily in defense of the Staff -- I have never -- in the 19 years of this I have never seen the Building Department pay this much attention to houses that are occupied and problems like you've heard today. And I wasn't kidding when I told the other gentleman -- I mean, we've got the manpower generation working on this problem that's almost unbelievable. And the pressure and the talks and everything has occurred. And you're right, we're kind of helpless to make these things happen. We can't make a guy ill. If he comes in and he goes through the planning processes in another tract, we can't relate the two except to say that we only have so many people to go around and we're going to go slower. I'm not sure that he doesn't want to go slower so he blows some people out and sells that same house to someone else for more money. We've heard all these allegations. They CERTIFIED 1141 COURT REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836.5195 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 may well all be true. We've gone so far as to contract t1Te attorney general's office. I talked to Jim Martin about their -- the Consumer Fraud section. And they have a feeling that some crimes may be being committed by the developer. If the people would come forward and file the Complaints with the District Attorney or en masse go down to the Attorney General and say "There is consumer fraud," or go to the Department of Real Estate -- I mean, virtually every avenue the City could pursue to generate a reaction has been and is being pursued. And you get some action and then, you know, if you turn away, the feeling is they're going to slow down again. But, no, you're right about this. We don't have -- I can't tell you "Here it is. We can go after these guys and stop them, you know, from doing something different." It's not a question of contractor's license. Developers don't need that. You know, developers don't need a license. All they need to do is to get a white paper from, you know, the Department of Real Estate, tract by tract. And they don't relate them. There's no license to lift. 25 1 So we feel as helpless as the people do. And 1411 CERTIFIED COURT REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836-5195 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I really can't think of an avenue that either Jerry Graham or Jim Martin hasn't suggested. And we have pursued them and we will continue to pursue them. But, I mean, we don't want to lay out false hope either. MR. MOZER: So you're saying our recourse is no recourse? UNIDENTIFIED SPEAKER: Well, you know, I can't tell you to walk away. MR. MOZER: I'm not going to. UNIDENTIFIED SPEAKER: There's a gentleman I was talking to out there who's bought four or five houses in that tract. And the developer is virtually trying to blow him off the transaction because he knows he sold cheap and he can sell it for more halfway through construction. That's pretty dispicable, and I'd like to tell you, we don't have a remedy. Of course, the homeowners have a remedy to get these things corrected. There is a general theory of law, a breach of warranty on real estate sales that you can pursue against this guy. Unfortunately, the question after you do that, your expense and your lawyers, what is left after you pursue them? Is there any money in there? I mean, they probably don't have any money sitting in that corporate entity that's going to help anybody. CERTIFIED 1161 COURT REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836-5195 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 M 22 23 24 25 MR. MOZER: When they come to do work -- to do development in Rancho Cucamonga do they have performance bonds? Are they required -- UNIDENTIFIED SPEAKER: There's performance bonds from Public Works, but we don't require them to put up a performance bond to complete your house. MR. MOZER: Or a tract? UNIDENTIFIED SPEAKER: We don't require anyone to put up a performance bond to complete a project work of construction that the City isn't going to end up owning or maintaining. That's the problem. The problem is they're taking deposits at the beginning of the escrows and they're very slow, and like you say, they're shoe -stringing these developments and they get down the line and the house is worth a lot more than they sold them for and they don't want to complete the transaction, is what sounds an awful lot like that's what's going on systematically. But the City can't solve these problems except to say that, "Sure, we can put the pressure on them to correct things like driveways and things where you can see they didn't do something per Code." But, you know, our leverage is what you see. The situation is what you see. Our leverage has been applied and the result is what you see, which is not satisfactory to the Council or to CERTIFIED COURT REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836-5195 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the citizens. UNIDENTIFIED SPEAKER: Is there any power in consumer pressure? In other words, making the quality of their product known? UNIDENTIFIED SPEAKER: See, I don't know because these houses are valuable. That escalate -- it's a two -edge sword when you own houses in several tracts; it's a two -edge sword. MR. MOZER: Well, you know, it is getting late and I don't want to take any more of your time. I would like to say, though, that when you stop the inspections you're stopping my house from being built. And when you do that, my house is still in the rough -framing stages. It doesn't have a scratch code; it doesn't have a color code; it doesn't have anything. You can see right through it, as a matter of fact. UNIDENTIFIED SPEAKER: Mr. Mozer, the point I was trying to make earlier is: When you say we stop inspections, it stops them from doing that, I don't think that's true. MR. MOZER: That may not be, but that's their excuse for not doing it. UNIDENTIFIED SPEAKER: That's what they're doing, is they're using you. MR. MOZER: That's why I took the day off and I CERTIFIED 1161 COURT REPORTERS (714) 558-9400 (213) 637-3550 FAX (714) 836-5195 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 went down and I got Jerry to say that he would release inspection. I got Greg to say that he would carl Jerry for the inspection. I said, "Now you don't have an excuse. I'd like to see something start happening on my house." Because I went down and got the inspector to say he would inspect it. And once that happens, they have no more -- UNIDENTIFIED SPEAKER: You were right. They don't have an excuse. But I still don't think they're going to perform. MR. MOZER: Well, they may not. And if they don't, I guess I'll have to put my head between my legs -- MAYOR STOUT: I'm going to try a suggestion and don't take this as a warranty that this is a remedy. But when somebody sells you a house, you get into an escrow and they represent a date of completion or an estimate and not only don't they make it, they're not going to make it, the facts show that they never intended to make it, that they didn't have the intention of performing, that is fraud. And that fraud is committed not only by the corporate entity but by the human being you dealt with. If you start looking at a private remedy that way and you start going after human beings personally with their personal assets on the line, it might change their CERTIFIED COURT _ REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836-5195 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 thinking. With the systematic stories we're hearing, I would certainly consider a whole group of peoplLs involved with these people in getting together with a private attorney who would have a legitimate stake in this. Because this sounds like there's something systematically going on like they don't intend to complete on time, like they're putting people in positions where they can blow people out, put other people in for higher prices. And that, if proven to be true, is fraud. And it's not just the corporation who commits the fraud; it's the human beings you dealt with. And if they start thinking in those terms, they may start thinking about performing. I would. UNIDENTIFIED SPEAKER: It's been brought up about Nordic, or whatever, continuing to develop another portion of the city. Can the City require certain performance bonds to be passed back to the City if performances -- MAYOR STOUT: One of the problems is I think you have to think very carefully about requiring a performance bond with completion periods and bonding companies involved in private transactions where the construction doesn't result in a public improvement. I would suggest getting involved in that. Jerry and I kind of debate that from time to time. But, you know -- however, when I -- MR. MOZER: This is a very novel situation, CERTIFIED (714) 558-9400 COURT (213) 637-3550 --- ..... REPORTERS FAX ( 714) 836.5195 75 20 21 22 11 23 24 25 thinking. With the systematic stories we're hearing, I would certainly consider a whole group of peoplLs involved with these people in getting together with a private attorney who would have a legitimate stake in this. Because this sounds like there's something systematically going on like they don't intend to complete on time, like they're putting people in positions where they can blow people out, put other people in for higher prices. And that, if proven to be true, is fraud. And it's not just the corporation who commits the fraud; it's the human beings you dealt with. And if they start thinking in those terms, they may start thinking about performing. I would. UNIDENTIFIED SPEAKER: It's been brought up about Nordic, or whatever, continuing to develop another portion of the city. Can the City require certain performance bonds to be passed back to the City if performances -- MAYOR STOUT: One of the problems is I think you have to think very carefully about requiring a performance bond with completion periods and bonding companies involved in private transactions where the construction doesn't result in a public improvement. I would suggest getting involved in that. Jerry and I kind of debate that from time to time. But, you know -- however, when I -- MR. MOZER: This is a very novel situation, CERTIFIED (714) 558-9400 COURT (213) 637-3550 --- ..... REPORTERS FAX ( 714) 836.5195 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 apparently. MAYOR STOUT: Let me tell you, people are willing to pay the cost of the bonds, plug that into the cost of the houses, I think that would be a very interesting legislative suggestion to suggest to the legislature as a requirement of these companies. At least through the subdivision process that they have completion bonds, guaranteed performance on construction when they get into escrow with these people. I don't think the City can do it, but, I think -- you know, when you hear stories like this, it's an interesting suggestion for legislation. COUNCILWOMAN WRIGHT: Within the past three years we have taken some kind of action -- and I'd like to know what it was -- that addressed the issue of quality in the new housing. Specifically we were talking about low -quality cabinetry and that kind of workmanship in the units, and somehow there was some kind of direction that we took that said that we were going to do something about that. What was it? MAYOR STOUT: Maybe Brad -- MR. BULLER: There was a project in Victoria and what the Council directed us to do was meet with the developer, which we did. And fortunately we had two very cooperative developers. And they turned around [1-16 CERTIFIED COURT REPORTERS N1,1- (714) 558-9400 (213)637-3550 FAX (714) 836-5195 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 180 degrees. COUNCILWOMAN WRIGHT: So, it was just codperation from the developer? MR. BULLER: And they felt brimmage* before this Council was very important. And they did not want to disappoint this Council. And so they turned around and started doing work that they were then proud of. They acknoledged that the work that had been done to that date was not acceptable. COUNCILWOMAN WRIGHT: I think I know what you're talking about. We were discussing goals and priorities and we discussed because some of the developers were out there selling the other parcels to other developers, we would no longer have control over, say, the big developers in town such as the William Lyon Company as subdividing and they're selling to everybody, that as one of our goals -- it was so stated as I remember in our goals that we came up with two years ago -- that we would, in the Planning Department and Engineering Department, have consensus of the Council to go out there and demand the quality from those developers. And I remember exactly what Pam was talking about. And that was an action taken by the City Council. But you had the consensus of the Council to go out there and demand those things. MS. WILDER: I think a solution -- I'm Jan Wilder. CERTIFIED 1141 COURT REPORTERS (714) 558-9400 (213) 637-3550 FAX (714) 836-5195 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I live on Stratton Court. I think part of the solution is at the time these homes were being built two -and -a -half years ago, three years ago, the inspections should have been -- followed the Code. We're not talking aesthetic problems as Mr. Grant's planning -- planning staff -- his staff memo mentioned. We have got, from my home in particular, three homes in our tract on the Nordic Woods on the east side, we have an elevation where we step down from our garage into our home. Those plans -- our roofs slant because that elevation -- the architectural plans were not changed to bring that up. We had another one, Mr. Huggins, who just had his roof, after two -and -a -half years of arguing and fighting, his roof replaced because his roof was held up by one two-by-four, a huge three -car garage roof. I think a lot of the problems -- even recently we've got septic tank and leach lines that are put in not to Code and still have not been totally corrected. And I think the problem isn't necessarily going -- I mean that I believe until Nordic fixes it we should continue not releasing permits, residency permits. I know what these people went through because we -- excuse me -- we get -- we have a couple back here, they signed a house -- or they bought their home CERTIFIED COURT REPORTERS (714) 558-9400 (213)637-3550 FAX (714) 836-5195 %V3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 two -and -a -half years ago. They moved in eight weeks ago. So they have waited two -and -a -half years to move into their home. I feel sorry for this other couple that were here and they've waited a year. It's nothing compared to what some of the people -- We moved into our home -- how we got a final residency permit to move into our house is beyond me. When we moved in we did not have a completed bathroom; we did not have a dishwasher in our house; we did not have utilities in our house. They came and installed them a week later. The Gudaras (phonetic) back here (indicating) lived in their house for what, two weeks? They did not have Edison utilities on the streets and they got residency permits from the City, final on their house. That is an iron mountain. Now, the inconsistencies -- the daily homes -- the funniest thing, the people were not allowed to move into their houses until they had -- trails and the curbs were fixed. And yet Nordic is letting these people move in with not even utilities on their streets. We have a house over on Iron Mountain. There is a gas line going upstairs into their attic and it connects to nothing. Where are our inspectors? CERTIFIED 1161 COURT REPORTERS (714)558-9400 (213)637.3550 FAX (714) 836-5195 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 We have complained and complained the whole time our house was being built. We went up there almost daily and complained about it. We were there. My husband was right there when the framing inspector signed it off. You know how he signed it off? He drove up the cul-de-sac. Barry, the supervisor, walked out with a clipboard and signed it. Our framing is horrible. If anybody would like to come to my house and look down my hallway and watch it go out four inches, is more than welcome to come to my home and visit. Or come to my home and see the half-inch crack going across my foundation. And these people that don't want to move in -- or are anxious to move in, heaven forbid you get in your homes and you have these problems. We're trying to save a lot of people a lot of problems down the road. COUNCILWOMAN WRIGHT: Excuse me. Is there the woman, the resident here, who didn't have heat upstairs? That's you? They let you move in without heat? MS. WILDER: Yes. Well, Mrs. Gudara right here, moved in for two weeks with no utilities on her street at all. And the other thing I want to say is -- on Mr. Grant's Staff Report, is that the trails, the community trails. I'm an active horseperson. We have CERTIFIED 14 COURT REPORTERS (714) 558-9400 (213)637-3550 FAX (714) 836-5195 80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 horses on our property. We ride as often as we can. I don't have a real problem with the majority of The Woods' trails. I did until I started seeing the rest of the city. Some of the other parts of the city, the western part of Alta Loma, has some horrendous trails, horrible trails. But there is a community trail, it's a City trail that is on the west side of Hermosa through the New Woods tract. It is a dangerous, hazardous trail. I'm an experienced horseperson. I have experienced trail horses, and I will not take them down there anymore. There are -- they've put the fence up, the white PVC fence; it looks very nice. They have not removed trees; there is poison oak in there; it has not been graded; it is very steep. There are loose, major rocks down in there with leaves on them. We've ridden in there and our horses have slipped on them. We do not ride down there. It is very difficult to walk on this City trail. And yet, they are allowing people to move in on the west side of Hermosa, the Nordic homes, without that City trail being completed. I think Mr. Huggins has some -- he's more technical. He's in the construction business and some other complaints of Nordic. UNIDENTIFIED SPEAKER: Mr. Mayor, I just want to CERTIFIED COURT REPORTERS (714) 558-9400 (213) 637-3550 FAX (714) 836-5195 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 comment that -- I want to point out the specific situation. We get from time to time developers illegally moving families in because of the pressure to get somebody in. The City does not issue the -- whatever the term -- we only issue utility clearances. Unless the utility clearance is issued, there is no legal granting of occupancy. There's no occupancy permit that is issued. MS. WILDER: What can you do to a developer who's doing that illegal stuff? MR. MARKMAN: We're aware of the illegal move -in, it is reported to us or we find it, that there's been an illegal move -in, we inform the developer. We try to put pressure on the person to move the family out. However, the problem is, once the family moves in, they begin seeing these kinds of problems, we get this reversal situation where -- MS. WILDER: What kind of punitive action can we take against the developer who is doing these kinds of things? MR. MARKMAN: We take action to remove the family; but when that happens, we usually have a human kind of situation where we have the family moved in already, how can you kick the person out? MS. WILDER: But that's not punitive against the CERTIFIED COURT REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836-5195 82 1 2 3 4 5 6 7 8 �61 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 developer though. UNIDENTIFIED SPEAKER: No, because the actual violator is the person who is occupying the building. MS. WILDER: The family becomes the victim. UNIDENTIFIED SPEAKER: The victim is the violator. MS. WILDER: So isn't there any recourse for a person taking that illegal action? UNIDENTIFIED SPEAKER: It is, again, to hold -- occupancies or threaten other things that have to do with future homes on those premises. MR. MARK14AN: I'm going to say this again: The problem is, if you take one lot and there is mistakes on it, we tie it to inspections or holding people out of other lots, we've got a problem with these other people who want to move in. The connection isn't there. The connection is, you know, we're just spending all our time dealing with problems with this developer. And I'm beginning to question whether they want us to inspect these other homes. I'm not so sure they're not serving one of their purposes, which is to get people to fall out of escrow. MS. WILDER: What are we doing about the stuff that he's putting up on Sapphire? We've spent, what, three hours on this one? When the people come in over on Sapphire are we going to do the same thing because we have CERTIFIED COURT REPORTERS (714)558-9400 (213) 637-3550 FAX (714) 836.5195 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to let this guy get away with it? There's got to be something we can do. MR. GRANT: It's real hard -- well, it's impossible -- I'll go this far. It's impossible for people in the construction business not to be able to pull stuff off on building inspectors, it's virtually impossible. It's -- as the mayor said, if we had an inspector out there on one house 24 hours a day, I don't think he'd catch -- if these people intentionally are cutting the corners, you're not going to catch it all. The homeowners have a remedy, but it's a remedy of seeking their own legal counsel. This thing is starting to get so systematic in its nature, it's almost sounding like not errors or like the funds, something like an intentional scheme. But I think if they got together with an attorney as a group, they might be able to apply a lot more pressure than coming to the Council trying to get the Council to direct Staff to do for them what it's doing, which I have no idea what it would be. I'm sure most of their -- I'm sure all of their specific complaints are valid. Jerry tells me they are, so I have no reason to believe they aren't. I can tell you they have problems in Anaheim, too, but they're -- CERTIFIED 161 COURT REPORTERS (714)558-9400 (213) 637 -3550 FAX(714)836-5195 84 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. HUGGINS: My name is John Huggins. I live at 10203 Beaver Creek Court. And I disagree with the guy here. What I'm seeing in my house -- I have pictures here, if you'd like to see them. They're the architect's drawings in direct code violation. That's Nordic's own architect that made up that letter and drawing. This pipe I brought in, the City inspected and passed 11 of them. One of the homeowners came to me. I'm a general engineering contractor licensed with the State of California. 29 houses they put this kind of pipe in for leaching systems, and the City passed 11 of them. I caught it. Here's the pipe it's supposed to have. Another thing they're doing wrong, the City passed 29 houses. Here's the environmental -- recommendations for the water service crossing leach lines. I brought that up to the inspector. He said he never heard of such a thing. But they made me do 48 of them just across the road. I had to do it this way. The problem is with the Building Department, not with Nordic. The Building Department is not inspecting Nordic's work. It's -- I put in 14 septic tanks up at The Woods up there where I live at. I put in my own septic tank. The building inspector signed them off. I put them in on the weekends. He signed them off on Monday morning. That's the kind of inspectors you've CERTIFIED COURT REPORTERS (714)558-9400 (213) 637-3550 FAX (714) 836-5195 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 got in the City. I will not bid another job in the City of Rancho Cucamonga if that's the kind of inspection we're going to have. The problem is with the Building Department. The only way I got my house fixed was to put the pressure on the Building Department. And to top it all off, the City made me buy from it to get the repairs done. I had to buy a new house and then I had to buy from them to get the repairs done. MAYOR STOUT: Mr. Huggins, are all these pictures from your house? MR. HUGGINS: They're all from my house. CITY COUNCILWOMAN: Isn't this the third time you had to do the roof? MR. HUGGINS: The roof fell off five times. It cost me $4,000 once to put it back on myself. They wouldn't come back. CITY COUNCILWOMAN: Has anyone pursued any other help besides -- I'm not trying to, you know, say that you should or that it's not our interest, but I just am wondering with all this going on if anyone else pursued outside help in enforcing what's going on with Nordic. Has anybody -- MR. HUGGINS: There again, most of the problems -- some of them with the septic tanks that was put in by a 1611 CERTIFIED COURT REPORTERS (714)558-9400 (213)637-3550 FAX(714)836-5195 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 contractor that was working on the City of California's contractor's license, has no City business license, and I brought it to the attention of Mr. Schroeder. He said, "We have no jurisdiction over it." I have a City license. Why can't somebody else come into the city without a City license? UNIDENTIFIED SPEAKER: I'm sure the City requires before any inspection is done, that the developers have on file all the contractors. I'm sure it's the City's policy so that the City knows that all the contractors on site have Workmen's Comp insurance -- supplies the City with a list of contractors that are working on site. UNIDENTIFIED SPEAKER: Jack, I'm not familiar with the building industry. MR. LYON: That's not correct. Maybe Mr. Grant can comment on some of the statements that were made. MR. GRANT: It's correct that if somebody's doing -- or if somebody is doing a public works contract with the City, the law requires the City to make sure they are licensed and they have Workers' Comp. When it comes to private works of construction, that is generally not the case. And as far as business license is considered, the gentleman is absolutely right. They owe us money. The business license ordinance is a revenue-producing ordinance. And somebody who does work in the City should CERTIFIED 1161 COURT REPORTERS (714) 558-9400 (213) 637-3550 FAX(714)836-5195 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 get a license. But we do not regulate by virtue of the issuance of that license. That is, we don't make a judgment as to whether they should pick it up or not based on whether they're State licensed under private work. They owe us money. The gentleman is correct. If he pays it, they ought to pay. MR. HUGGINS: Can they work in the street without a State contractor's license? MR. GRANT: They cannot work in the street on a City job, on a public works job, I'll say that again, unless they're licensed. Because we have them under a public works contract and they have to show us Workers' Comp cerficates; that's absolutely correct. When they're building a private house, we don't police that that way. I don't know of any city that does. UNIDENTIFIED SPEAKER: On all these construcion sites in the city of Rancho Cucamonga there could be hundreds, literally hundreds of subcontractors that are working out there without State licenses and the City is not collecting revenues for that? MR. GRANT: Well, I don't know if that's the case, but I'm sure some slip through. I think a lot of them pay their City licenses. UNIDENTIFIED SPEAKER: But the City doesn't require it? CERTIFIED COURT REPORTERS (714)558-9400 (213) 637-3550 FAX (714) 836-5195 88 1 F, k3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. GRANT: Of course the City requires it, but some people come into the city of Rancho Cucamonga and do the work and don't take out a business license, as is true in every city. I think most of them properly do pay, just as Huggins has; but yeah, there's some of them -- Well, there's a relationship between the developer and the contractor he uses, as you pointed out. UNIDENTIFIED SPEAKER: -- in order to receive any type of permit they require that the developer supply the Building Department with the list of contractors that are working on sites so that they can check their City licenses prior -- UNIDENTIFIED SPEAKER: That's a good idea. MS. WILDER: Fontana is doing it. You know, what really concerns me here tonight is that we've heard that CC&R's are virtually worthless unless you're the person that wants to go and sue your next-door neighbor, because you're not going to get anything from the City. And I've gone through it when I was president of the homeowner's group out there. People were not abiding by the CC&R's and we were told the same: If you've got a problem with it, sue them. The Architectural Review Board-- the William Lyon Company, wanted to give it to the homeowner's group. They didn't want it anymore. The homeowner's CERTIFIED COURT REPORTERS (714) 558-9400 (213) 637-3550 FAX (714) 836-5195 W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 group turned it down. But people did go through the William Lyon Company to get whatever addition they wanted or to move their fence. They did have to go through the William Lyon Company to get that approval before they came to the City with an issuance of a permit. Because I was a part of that, so I know that that was going on back in 1985 as well. So that is one of their complaints. We do sign the CC&R's. We expect that somebody is going to uphold those. You don't know that it's you, the resident, that's going to have to sue your next-door neighbor because they did something that was in violation of the CC&R's. Then on top of that, all I'm hearing, as well, is that subcontractors or contractors do have to have a license, but probably can slip through the cracks and no have one. And that we have no recourse, that the residents, again, if it's shoddy work, have to take up some kind of legal suit on their own, again, after they've just been told they have to do it with the CC&R's if they want to get anything accomplished. There has got to be some remedy somewhere that any developer cannot walk into Rancho Cucamonga, hire a bunch of bozos to throw up houses, and then there's no 25 1 recourse. And they keep on doing it. CERTIFIED COURT REPORTERS (714)558-9400 (213)637.3550 FAX(714)836-5195 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And when we say we want to try to do something to protect some of the new homeowners -coming in, it's illegal. We can't do that either. I just can't believe that there's nothing left or there's nothing that the City cannot legally do to protect what we might have to live with 30 years from now when these houses start becoming slums or falling down. There's got to be something to ensure that this place is going to be okay and not throwing it back on the residents saying, "Well, it's your problem. It's not our problem anymore." MR. LAM: Mr. Mayor, let me make one comment. These CC&R's are not worthless from the standpoint that the original purpose of the CC&R's is to provide a legal mechanism for homeowners' organizations to take some action against a developer or anybody else. Without the CC&R's there would not have been that vehicle. That's the real reason for CC&R's. MS. WILDER: If there's a homeowner's association. MR. LAM: That's why cities -- MS. WILDER: Correct? MR. LAM: I could say residents within the CC&R's. MS. WILDER: Right. MR. GRANT: Usually it's a group of them getting together and jointly taking an action. That's why cities require CC&R's, to provide this mechanism. If it was t CERTIFIED COURT REPORTERS (714)558-9400 (213) 637.3550 FAX (714) 836-5195 91 1 2 3 4 5 6 7 8 E 10 11 12 13 14 15 16 17 18 19 20 01 22 23 24 25 missing, then residents would not have that vehicle. But by cities' requirements, it does not mean that the city is enforcing, because we are not allowed to enforce private CC&R's. It provides a mechanism if citizens wish to -- MS. WILDER: But the residents don't know that coming in. You buy your house and the CC&R's are there and you agree to abide by them. And it's coming from the City, so you assume that the City is going to back you up if somebody is violating the CC&R's. It's not thrown back in your lap and said, "Well, if you've got a problem with it then you sue them." Because the City can't do it. MR. GRANT: Thank you. I think CC&R's in the white paper it says what they are. The State of California has created an incredible bureaucracy to buy a new home, at least for the first buyer. It's created all kinds of -- every one of these documents has to be explained. I agree about -- I mean, the City building -- we have an obligation in our building inspection mode, there's no question about that. But it should come as no surprise to people who buy private property, who contract to buy, who let the developer build it, that they do have private rights and remedies, and they have a private contractual relationship with that developer that they dealt with. And the City can't solve every problem that CERTIFIED COURT REPORTERS Hmrrr t • U.w..n M,1— (714) 558-9400 (213) 637-3550 FAX (714)836-5195 92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 pops up for them. And it should come as no surprise that if the developer has another project in the City, that we are not going to aim at that other project, hold up and cause problems there to try to leverage them on this project. I really don't believe these things really do come as a surprise to most people who enter into a real estate transaction or buy a house. If it does come as a surprise, the most bureaucracy for a home purchase ever invented, which is the State of California system, isn't getting the message across. When you sit down and they explain those 45 documents and what they mean to you and that developer -- and I just went through a spec purchase with William Lyons, for example, in Orange County. And I had to personally sit there, required by law, to listen to this page for about an hour -and -a -half about everything that was discussed in that, you know, what is this homeowner's association, what is a recreational association, what is a mellow ruse district (phonetic) what can it do to your taxes, virtually everything you're walking into is required to be orally explained to you, document by document. You got to understand. You've got a private relationship and the County of Orange or the County of C:EKTIFIED COURT REPORTERS (714)558-9400 (213) 637-3550 FAX (714) 836-5195 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 San Bernardino, the City of Rancho Cucamonga can't solve all these problems. And that's not excusing building inspection problems. I mean, I don't take issue with Mr. Mozer* insofar as he's correct about that. But once that thing gets through the inspection process and that homeowner occupies and he's got his CC&R's, and he's got a problem with customer service, I really can't tell you, in all honesty, that anything can be applied other than what the City of Rancho Cucamonga has tried to apply to this situation the last three months. I really can't. I think it would be misleading to tell you, "Yeah, here's a remedy," unless you want to think of a broad-based remedy like suggesting legislation. Because we've lived through something like this. And maybe land developers ought to be licensed. And when things like this happened, just like things happen with a contractor with a license, maybe they would be out of the business of doing this anymore in the State of California. And that has been suggested time and time again in the legislation. MS. WILDER: That's not going to fix anything. Isn't this -- MR. GRANT: That's really a remedy. Maybe these people ought to be able to keep doing this over and over again. UNIDENTIFIED SPEAKER: When I find a loophole in a CERTIFIED COURT REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836-5195 94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 nice city like Rancho Cucamonga, that I should add to my purchase price attorney's fees for any major problems that I might have. MS. WILDER: Nothing was being done until we started threatening the City that we were going to go to the Council. I know that the City and some of the Staff have been notified of this problem. Until we threatened to come to Council, all of a sudden we started getting all this activity on our house. MR. MOZER: The Staff tried to help us now because we said we were going to go to the City Council, but as of right now, I haven't had anything fixed in my house and I've been given every assurance that things are going to be done. Things are not being done. And he's telling me I should get an attorney. Why should I get an attorney to have my house fixed when the City screwed up in the first place? UNIDENTIFIED SPEAKER: Mr. Mayor, what would be the liability to the City on riding on the same thing -- show a consistent pattern, house after house, that the City inspectors -- a number of mistakes by approving and you show this pattern continuously -- yet other tracts are -- they call it nit-picking from the City inspectors, and they're beautiful homes. Would it be some liability on the City's part CERTIFIED COURT REPORTERS (714) 558-9400 (213) 637-3550 FAX (714)836-5195 95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to show consistent negligence when these homes are built like that without having inspection? MAYOR STOUT: Mr. Markman. MR. MARKMAN: The answer to that is no. First of all, I'm not accepting your allegation that the Building Department somehow turns its back on this tract and treated it differently. Even if it were -- and I am accepting the allegations from very large errors were made in building inspection. I think that that's accepted. The fact of the matter is the public -- and I'll put it this way and I don't want to get into a debate with people who have a legitimate problem who sort of resent being told that they do have a private remedy and they probably can exercise their rights against this developer and get it corrected. They don't want to hear that. They want the City to do that. I understand that. The public -- all the taxpayers, not just you -- but the public in Rancho Cucamonga has a statutory immunity when building inspectors or plan checkers make errors because it's recognized by the legislature. It happens every day. And you are not insured -- you know, you are not insured and the City does not warrant the accuracy or plan checks or inspections under the law. And the City -- it is not the City -- is the taxpayers do not stand behind you in that regard. I'm just telling you CERTIFIED COURT REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836-5195 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that bluntly. There is a statutory immunity against that. You can go check it out with your otan counsel. You will find out there is a statutory immunity because of the recognition that you can't catch all the things that happen in construction. Again, I'm not trying to get into a debate or excuse errors in building inspection. I think it would be criminal for people to walk out of here thinking the City has some weapon that's an arsenal that it's not using in a situation where we can solve the problem. I think that would be very poor -- UNIDENTIFIED SPEAKER: I don't think that's the case. I think what I'm learning -- I'm not trying to accuse that we have not exhausted every resource. What I'm trying to find out is: What other resources and what actions can we take. And I guess I'm just aghast to believe that we can't do more than we've done. I just can't believe we can allow developers to come in, throw up these houses that aren't built to code even -- we're not talking just aesthetics, not to code -- and just walk away. MR. MARKMAN: There's no good answer when you see the developer do this and hear these stories. They have, unfortunately, the right to come back into town, going through Planning and starting another development. If the Counsel wants to allocate resources and direct inspection. t,nai irlJ✓L II&I I COURT REPORTERS (714) 558-9400 (213)637-3550 FAX (714) 836-5195 97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I mean, it almost becomes a council policy management issue as to how you're going to treat that developer the next time he comes through. So most like -- I think it's analagous to a police problem. If you have an area where there's a police problem the question is: How much manpower are you going to direct at the problem? Really, that's what it boils -- that's what available to the council. UNIDENTIFIED SPEAKER: I'm sort of in shock tonight because I've probably falsely assumed, as probably most of the citizens in the city, that when the City is signing off that a building has been inspected, that that's precisely why we have the building inspected, to make sure it's complete and safe and so forth. So the errors that have been brought to us tonight, and I don't think we have a complete list, appear to be blatant. And I'm hearing -- and this is what I'm in shock about -- that our inspectors do a perfunctory job, or whatever you want to call it, you know, when you walk by a house and you drive by and you sign it off -- I'm in shock that that's how we -- if we are viewing that as acceptable, that's certainly not what I was assuming we were doing when we were inspecting. Now, if the issue is we don't have enough inspector time, then we need to know that so that we can CERTIFIED I I,&, COURT REPORTERS b.rrru • Urwwn • Nrlm.n (714)558-9400 (213)637-3550 FAX (714) 836-5195 98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 contract with inspectors or whatever we need to do to get the kind of inspection job we need in order for -those houses to be appropriately inspected. There's no way that I can have justification in my mind that those kinds of errors were made because somebody overlooked it. I don't know anything about building. I can't hammer two boards straight, but I could see that those things were wrong. That's ridiculous. That's absolutely unacceptable. Let's hire some more inspectors if they don't have time to do it right. UNIDENTIFIED SPEAKER: Mr. Mayor, maybe I could change the tone a little bit. The comments that were made with regard to private enforcement was intended to point out another remedy. That was not intended to say -- not look at the public participation, but only look at he private. It was only meant to point that out as another option. This is not meant to excuse any of the items that were brought up to our attention. In fact, I know that Mr. Grant and Mr. Markman have been diligently trying to ascertain a list of specific problem items up there. I know I've talked to Mr. Huggins personally and I've asked him twice in a telephone conversation to give us a list. Because we said: Anything that has to co with Code violations, please bring to our attention. If you feel that CERTIFIED (714) 1511-9400 REPORTERS (''13) 637-3550 ...... . ,,.,... ,,.gym_ FAX (714) 836.5195 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 lower -echelon staff have not been dealing with them, the top-level staff will deal with them as long as we are provided with specific items in there. And if there are Code violations, the Building Department will deal with those Code violations. I don't believe we've had an opportunity to hear from Mr. Grant as to the kinds of things he's found out there. I know that the discussions at staff meetings he found things like lumber cut after inspections; replacing certain windows; other things happening out there. So rather than get into a mood of City versus Homeowners, I think that the City needs to work together with the homeowners, identify the specific problems and deal with those problems, at the same time pointing out all the various options to try and cover all their problems. I think if we ignore other remedies, it is really negligent on our part not to point out all the options that are available, or even the private rights that an individual has. So we are asking that all the code items, those particular problems, whether they're code enforcement, Building Code or -- items, be put forth on a table so that their department heads can direct the Staff to deal with those. Then we can report back on what 25 1 has been done. CERTIFIED COURT REPORTERS (714)558-9400 (213) 637-3550 FAX (714) 836-5195 100 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 If we're talking about a whole grouping of items, I can systematically have Staff deal with these in different categories in a very positive way. UNIDENTIFIED SPEAKER: You know, we do contract, pay for, whatever, Mr. Markman's services and I appreciate those; however, I am not familiar with all the legalities. I don't see how we can issue permits to this particular company, I really don't. UNIDENTIFIED SPEAKER: I don't think we can do it. I can't, in all good conscience -- CITY COUNCILWOMAN: I feel like a crook doing it. UNIDENTIFIED SPEAKER: I do, too. UNIDENTIFIED SPEAKER: Until they clean up a portion of what they have. I do feel like the Building Department is trying. I really sincerely do. I think they're probably overburdened, overworked, and that creates with the homeowners and potential homeowners, a potential frustration. But I cannot in good conscience -- I prefer to be sued, I think, by this particular developer, but to have the money when they're done with their other lawsuits than to issue another permit. We're just asking to impact our own services even more by allowing them to continue to build. CITY COUNCILWOMAN: Let them prove to the jury or whatever, why they should be able to continue to build, CERTIFIED COURT REPORTERS (714)558-9400 (213) 637-3550 FAX (714) 836-5195 101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 given the evidence that they have gotten behind in. MAYOR STOUT: I think we may be able to find at least 15, 20 witnesses out here, sign them up. CITY COUNCILWOMAN: I'd like to ask Brad: Brad, how many -- just on the average -- building permits do we issue a month? Isn't it around six or seven hundred? MR. BULLER: Jerry would have a better handle on the actual number. CITY COUNCILWOMAN: I know June was real high at like 900. UNIDENTIFIED SPEAKER: Probably about an average of 600 building permits. CITY COUNCILWOMAN: And how many inspectors? UNIDENTIFIED SPEAKER: We have 10 through just our board, plus, right now, four contractors. CITY COUNCILWOMAN: 14 in the field? UNIDENTIFIED SPEAKER: Four of those within the last two months. CITY COUNCILWOMAN: Is that standard ratios to do inspections for 900 permits? UNIDENTIFIED SPEAKER: They're busy. CITY COUNCILWOMAN: Is that standard ratios? UNIDENTIFIED SPEAKER: I guess it's a reasonable number. We've had that number for a very short time. We had nine last year, plus part of the year, too. I161COURT CERTIFIED REPORTERS (714)558-9400 (213)637-3550 FAX (714)836-5195 102 .L - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CITY COUNCILWOMAN: We've had less; right? That's a lot of permits and just a few bodies. MAYOR STOUT: Do you have a comment you'd like to make? Could you stand up to the mike? MS. GLASS: My name is Cindy Glass. I presently own a Nordic home. I am buying another home. I didn't buy the house for the house. I bought it for the property because I love The Woods area. Okay? The first house I'm in, I've got plumbing problems. I've got raining in the family room, leaking under my sink, leaking in my garage. Nordic has for -- let's see, I wrote to Mr. Lam, Mr. Grant over a year ago_ about these problems. I've been in touch with the State Contractors' Board. I have not gotten any response up until when we started complaining about coming here. I asked Nordic to do something very, very simple, replace the garage door springs. They wouldn't do that. So the springs broke here in December and the garage door came down on my 9 -year-old daughter's face, busted her face up. Something as simple as that and I couldn't even get a response out of them. In December also, the other house I purchased from Nordic blew down. It was what they call "wrapped." I got ahold of Jim Schroeder at the City, had him come out and look at the house with Nordic officials and CERTIFIED (714) 558-9400 COURT (213) 637-3550 REPORTERS B. -It . u..... . M.1 -FAX (714) 836-5195 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 everything. Jim Schroeder told them to replace -all this framing from Point A to Point B, replace it. So Nordic came up with the Civil Engineer Report saying their wood was fine. They never did replace stick of wood, a nail or anything. They just pushed it back up and left it. And I have it in writing from Mr. Schroeder himself to replace that and they never did. Now they're drywalling the house and they're not going to do anything about this house that's wrecked. It's leaning like this. (Indicating.) UNIDENTIFIED SPEAKER: There was no engineering report filed by Nordic to the City stating that the wood was okay. MS. GLASS: That's what we're saying about the inconsistencies. The City -- the Building and Safety Department will come up here and pick apart a homeowner who is building an individual house, but they won't pick apart the developers. UNIDENTIFIED SPEAKER: That's just exactly my point of why we shouldn't allow them to continue on. MS. GLASS: They're strict on us, but on the developers, they just let them get away with murder, out-and-out murder. I'm sorry, that's just the way we feel at this point. We're frustrated, we're angry. We CERTIFIED 4 COURT REPORTERS (714) 558-9400 (213)637-3550 FAX (714) 836-5195 104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 �8 19 20 21 22 23 24 25 want something done. I've spent $10,000 in lawyers' fees fighting Nordic. Where does it end? UNIDENTIFIED SPEAKER: Where has it gotten you at this point? MS. GLASS: It's gotten me in court three or four times and that's about it. UNIDENTIFIED SPEAKER: By the time you see him in court Nordic will have changed their name and moved somewhere else and you get zero. MS. GLASS: They've got nine aliases that they're going to be going under. They've got another tract starting up on Atowanda that they'e gonig to be building, different name. UNIDENTIFIED SPEAKER: They've all got the same mailing address but a different name. MAYOR STOUT: Jack, what would be the problem with the City Council writing a letter to the Attorney General's Office requesting a full investigation of this organization? UNIDENTIFIED SPEAKER: Yes. And I think the mayor's business address might be another place where we might ask the same questions. And we already know the code sections; we have pursued that. Mr. Markman has already made those contacts. But I think something from CERTIFIED COURT REPORTERS (714)558-9400 (213) 637-3550 FAX (714)836-5195 105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the Mayor might catch the Attorney General's attention. The Attorney General wasn't interested in pursuing it specifically. But I think what would be interesting would be to get a transcript of this entire evening and send that with a letter both to the District Attorney and the Attorney General. MAYOR STOUT: Can you draft such a letter for us? UNIDENTIFIED SPEAKER: I certainly can. UNIDENTIFIED SPEAKER: Where do we go from here? MR. LAM: Mr. Mayor, on top of that, I would request that the people here either.late tonight, please write to Jerry and list specific items that you suspect are code violations. UNIDENTIFIED SPEAKERS: We've done that. MAYOR STOUT: Hold it, hold it. MR. LAM: What I'm saying is: We don't know if they're the same one that Jerry has. He's been going to obtain all the different individuals' problems. And he's not had a chance to do much talking tonight. But we want to be able to compare these things and make certain that we're not overlooking anything. MAYOR STOUT: I have a different idea. Why don't we address a letter to them requesting them to give this information, not just to these individuals that are present, but everybody who lives in that tract. I think CERTIFIED COURT REPORTERS Nnrr✓ii � IlnYrnnn ✓ H✓I�n •n (714)558-9400 (213)637-3550 FAX(714)836-5195 Mor I- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the message we will get across is that we're looking into this. UNIDENTIFIED SPEAKER: Even if we don't get the winter storms yet, we're wondering about -- MR. LAM: Well, our problem is going to be: Unless we get the addresses we won't -- MAYOR STOUT: We need addresses from the people here, too. But let me -- it's after 1:00 right now. And clearly everybody's mind starts to turn to mush about now. We want to get some kind of a solution, maybe not Mr. Alexander's, but at least mine -- some kind of solution out there. And we're not getting anywhere as far as that goes. We've made it perfectly clear there are problems out there. Maybe we need more specific information to start working on that, but we've made it perfectly clear there are problems. Simply reiterating the fact that there are problems out there is not going to do us any good at 1:00 in the morning today. UNIDENTIFIED SPEAKER: I wanted to ask one more question. I was wondering if the City Attorney could review our original conditions of approval and then review our CC&R's to clarify to the homeowners the position of the City is that they have no legal right or legal binding between the original conditions of approval -- 1611 CERTIFIED COURT REPORTERS (714) 558-9400 (213) 637-3550 FAX (714) 836-5195 107 1 %, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 UNIDENTIFIED SPEAKER: I've got a point I'd like to make about that. Let me throw this out here. These Mark three homes that you've been talking about. I happen to live in one of those. We got together and hired an attorney and we did our own lawlsuit and we were successful in winning that lawsuit. That's why the approach -- when we're talking about that approach, it's not totally foreign to this City when something like that happens. There's a lot of you out there and you have a lot of remedies that aren't necessarily -- I'm not saying there are some City things that we can do. I'm saying that you've got a lot of things out there that aren't code violations -- things that are poor workmanship, poor craftsmanship, so forth, these people shouldn't get away with. Simply because you've got a roof over your head that doesn't leak or you've got, you know, a driveway that doesn't have cracks in or or sidewalks, isn't the problem. Those houses are not well built. UNIDENTIFIED SPEAKER: I agree with that. But I don't live in a Nordic home. So my concern earlier was the inconsistencies of the inspections and the comment made by the City and members of the City, that they cannot enforce or help us enforce, if that word is quoted, any restrictions in our CC&R's. 25 1 And our question, I believe, on that end of CERTIFIED [a COURT REPORTERS (714) 558-9400 (213) 637-3550 FAX(714)836.5195 108 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it was that the CC&R's are required under the original conditions of approval before the map can be recorded. There is some verbiage in there relating to the City. I wonder if the attorney could review that and get back to us and say, "Look." MR. MARKMAN: I would be happy to review the documents. UNIDENTIFIED SPEAKER: Just review them. It's been a long time. It's been 1984 is when they were recorded. UNIDENTIFIED SPEAKER: In all fairness, Mr. Markman indicated that he was not the City Attorney at that time. So there's no -- MR. MARKMAN: I would be very happy to review the documents. UNIDENTIFIED SPEAKER: And see where they stand because I know at the time of -- I know -- MR. MARKMAN: I'll be happy to review it. But let me tell you what to look for, though: If the CC&R intended for the City to enforce -- and I have seen them like this -- you would see right in the CC&R's that the City is made a party. Or it says: This cannot be amended without the approval of the City of Rancho Cucamonga, or the City of Rancho Cucamonga may enforce this. You can see those, and I don't think you are going to see this in those CC&R's. If you see it in there, then I will be the JCEIMFIED COURT REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836-5195 Etik] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 first to say that as to these, we're not correct. But I don't think you're going to find that. But I will look at that. UNIDENTIFIED SPEAKER: I just wanted to clarify that. CITY COUNCILWOMAN: Mine does. MR. MARKMAN: William Lyon said* the City can enforce them? CITY COUNCILWOMAN: Yes, that's why everybody came unglued and that's why they said they thought the City could enforce them. UNIDENTIFIED SPEAKER: There's some verbiage in here of that, too. And I think that's why maybe it would be to our interest to have the City Attorney -- MAYOR STOUT: Well, he's agreed to do it. MR. MARKMAN: I'll be happy to do it. UNIDENTIFIED SPEAKER: I've listened to all the complaints that everybody has had and I see a lot of emotions, a lot of frustrations, a lot of problems that aren't getting solved. Everybody's just airing them, but not any course of action to take care of people with existing problems. I've seen some attention paid to the future problems, me moving into my house. What about other developments down the road? Rather than the people in my future tract -- CERTIFIED IdCOURT el I REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836.5195 110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 future homeowners which are very concerned about getting in before there's any kind of problem with Nordic where they can't secure their homes, I think possibly some kind of an organization between the homeowners of the existing homes -- and both Nordic I, II, whichever -- and the future people here that are moving in, which I'm trying to represent, to get together and get legal counsel to try and solve the problem. Where instead of having 5 to 10 people, we have 75 people, homeowners that form with a low fee basis to try and get some kind of resource. UNIDENTIFIED SPEAKER: That's what we did and it was very successful. UNIDENTIFIED SPEAKER: When I move in my house, and like the other 23 people that bought homes in Woodridge or Nordic or whatever you want to call it tonight, we have a vested interest that we're not going to back out of. It's just things have happened. We can't back out. We have to go forward with the situation. So I just think that the only way there is going to be any kind of recourse if some kind of control action with Nordic on the part of everybody through a legal action. I mean, I'd like to come to the City -- I don't want to come to the City later on when I have problems, because, you know, you're trying to do something but you don't have teeth. You can't do anything for me to CER'T'IFIED COURT REPORTERS (714)558-9400 (213) 637-3550 FAX (714) 836-5195 111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 solve the problems, per se. I would have to go to my own attorney, seek my own recourse through the legal recourse and try and do something. And if there's 50 to 75 people out there trying to do it, that would be the way to try to accomplish it. But I think it would have to be controlled in the sense to see what they can try and get out of Nordic as to going along. Because there are different names; there are different people. And if they're all reflected Woodridge, Sapphire, Terrace, Noric Woods II, if all those people were represented in that group, then there is going to be a definite pattern that can be established. But we want to go through the course where we can get something done, not where it's in their interest to bail out where nobody can get anything. UNIDENTIFIED SPEAKER: Nordic has a class action suit against them now. There will be many more to follow, I'm sure. UNIDENTIFIED SPEAKER: Nordic is a limited partnership. Under a limited partnership if they go to another one and they have -- the shoe* cannot sue an individual. You can sue the company, period. -- then it's over with. Then what legal recourse do you have? UNIDENTIFIED SPEAKER: I don't profess to have the CERTIFIED [a COURT REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836-5195 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 answer. I don't have the best answers to that. That's why I would go to my attorney to get answers to -that. But the main thing which I came tonight -- and I learned a lot here -- and I'm glad I came, but I'm still going to buy that house because one way or the other -- the point I'm trying to find out, basically from Staff and from Council, is are the inspections at this time going to be released through to final based on the merits of the Woodridge Estates, based on probably -- and I hope improved inspection capability, based on what their capabilities are to Staff -- if they call for inspections at Woodridge, are they going to be granted inspections? If the homes are merited, are they going to get the approved, you know, inspection approval? Are they going to pass inspection and is it going to go forward or is this still going to be an enforcing capability from this point on if there is more problems? That's the main question I was trying to find out tonight. MAYOR STOUT: Jack? MR. LAM: Members of the City Council, I kind of feel obliged to respond to a few of the remarks that were made. The implications that Building and Safety has done nothing to resolve these peoples' problems reminded me of a meeting that I sat in my office, and I believe it was raining that day, so you have some idea of when it was -- COURT REPORTERS IS.rrrl D.w..n MOl (714)558-9400 (213)637-3550 FAX (714) 836-5195 113 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 with Miss Glass. We discussed the individual items of her list on a point -by -point basis, and I pointed out to her those things which I felt we did have some control over, and those we did not because they were not safety issues. The primary issue in her case at that time was electrical problems, overloading of circuits. I had my electrical specialist a number of hours up there going through the issue -- the issues and the wiring system with the electrician and found that it was to code. I met with Mr. Huggins back in the first part of the year and he had some problems with his house. I believe that he failed to mention that, but I believe that they have primarily been corrected. He mentioned the pipe. Our inspector made an error. We went back and we corrected those. That's a matter of opinion, Mr. Mayor. Opinions differ. Mr. Huggins also mentioned how easy it was to get a septic tank system approved by the Building Inspector. He failed to mention a number that we did not approve from day to day because they were not ready for inspection. Several of them were leaking and the inspector was told not to approve them unless they were 23 1 corrected. 24 25 We have gone well beyond our code compliance efforts in addressing the 11 complaints that I had. And CERTIFIED COURT REPORTERS (714)558-9400 (213) 637-3550 FAX (714) 836-5195 114 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we are still willing to try to correct those aesthetic or non -code issues. We probably will not be able to correct all of them because of the issues of safety or aesthetics and desires of the tenants. In response to Mr. Martino's question, at least the first one, we have indicated to Nordic, based on the progress that we have observed in the last few days, that we would reinstate inspection process -- the regular inspection procedures on Woodridge Estates. Now, I'm hesitant to say that we won't reinstate them because of the lack of cooperation that we have experience starting and stopping before. In relation to a comment that was made earlier about the developers kind of being out of the reach of the contractor's board, it's my understanding that the contractor's board since January for contracts that were enacted after January 1, we do now have some authority to respond to complaints against developers. These permits were issued prior to January. And so it probably will not be in that category; but for the future, apparently there is now some recourse that the contractor's law can take against developers, where up to January there was not. I don't have copies of the law, but I was advised of that by the Contractor's Board. I don't think I have anything further that I can add that CERTIFIED COURT REPORTERS (714) 558-9400 (213) 637-3550 FAX (714) 836-5195 115 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 would be constructive at this late hour. CITY COUNCILWOMAN: Mr. Markman, maybe you can give us an update on that law. MR. MARKMAN: Yes. I have already made a note to see if there has been legislation to get some control over developers who do these sorts of things. Because our view would be to pursue any avenue of the stage and see if we can correct the problem. UNIDENTIFIED SPEAKER: We haven't filed the contractor's license board. MAYOR STOUT: Be brief. I'm going to cut it off after this. We're really not very productive at this time. We need to take action and quit talking. MR. GLASS: I agree with that. This is Dwayne Glass again. Sir, ladies and gentlemen. You're more than welcome to come out to Lot 12. As I said earlier today, I had a walk-through. I had warped walls. I have cement that is filled in. These things -- drywall was bought off by the City. MAYOR STOUT: What street is that, Lot 12? MR. GLASS: Copper Mountain. CITY COUNCILWOMAN: Will you be there tomorrow? MR. GLASS: Yes, I'll be there. Anytime any of you members would like to come, I will show you these things. Copper Hill was bought off. I called the City and said, CERTIFIED COURT REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836-5195 116 1 2 3 4 5 6 7 8 9 10 11 12 - 13 14 15 16 17 18 19 20 21 22 23 24 25 "Hey, these walls are warped by two inches." They sent out an inspector, Mr. Martin did. I give him credit. When you get on him, you tell him, he sends a man out. But why do I have to take and point to this wall -- this wall, when you can stand 10 feet away and see that it's wrong? There's a wall in the washroom where the washer -dryer is and it is two or three inches. MAYOR STOUT: Look, we've gone through this before. We know there's problems. The only question I have is: warped walls, is that something that's a Code violation or is that something that's the quality of the house? Can we make them straighten a wall that's crooked? MR. GLASS: What about the floor? The floor is not level. It has one -- it goes down, it curves up one to two -and -a -half inches, then bows back down. That's the framing. The gentleman is saying it's not the Code. If the frame is not straight, then what is the Code? MAYOR STOUT: What are the Codes? We're talking about things that I don't -- MR. LAM: Mr. Mayor, members of the City Council, going back a number of years -- and I can't put my finger on the exact Code issue -- but at one time there were workmanship provisions within the Code. They were removed because it was not related to safety, health, safety and general welfare of the populace as being an issue that C= IED (714) 558-9400 COURT [ REPORTERS (213) 637-3550 I 141-11U.—t , u...... „.,mom, FAX (714) 836-5195 117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 government should be involved in. The crookedness of a stud or deflection of a stud has nothing to do with how much it will support until it gets beyond the point of its centroid. Issues of holes being filled in the wall, it's not a safety issue. Patching of the concrete, there is not -- MR. GLASS: Concrete is from the foundation you would have -- MR. LAM: Well, Mr. Glass, I'm sorry. I don't want to pursue arguments here, but it's a matter of opinion. And without knowing the situation as to how that wall exists, whether it's a bearing wall, a non-bearing wall, how much load is on it, how this patch was done, how it was adhered, if it was, there are all these factors that enter into it, and I can't argue that point. MR. GLASS: Come out and look at it. MR. LAM: I have been out there. MR. GLASS: You should have seen the earthquake strap that a piece of -- two -by -six that fits in, not nailed and buried in -- MR. LAM: Mr. Glass, I do not make inspections on all the houses. I'm sorry, Mr. Mayor, I'm getting out of line. CERTIFIED IT,COURT REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836.5195 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAYOR STOUT: All right. The point has been made. I'm not interested in debating this any further tonight because we're not getting anywhere. We're not one iota closer than we were four hours ago. It's been informative. We've learned a lot, but we still need to come up with some action plan. Nobody here is satisfied with what's going on so we do need to do something about it. So I want some positive suggestions about that, not name calling or any further factual matters, and tell us that those houses are lousy because they are. UNIDENTIFIED SPEAKER: I don't want Nordic to be issued any more permits to continue building -- CITY COUNCILWOMAN: I agree. OTHER COUNCILWOMAN: I agree. Let them sue us. MAYOR STOUT: All right. Do they have permits on -- they don't? Okay. Then we'll not issue them the permits. CITY COUNCILWOMAN: Then we can always say it was 2:00 in the morning. MR. MARKMAN: I don't want to reiterate. Certainly I understand Mr. Alexander's and Council's point. All I can tell you is that when you hold up another tract that's already in the process, you have purchasers say that are waiting for completion and waiting for occupancy -- C=FFIED (714) 558-9400 COURT REPORTERS (213) 637-3550 „�,�, . u...... M.i.- FAX (714) 836-5195 119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAYOR STOUT: It's my understanding they haven't issued permits there. MR. MARKMAN: If you hold up the other tract we probably will invite a lawsuit and I just want to explain to the Council that that involves -- well, we'll look into that particular situation. What I can tell you is: They have financing. If they've gone through the plan check stage and they're through architecture, that what you are inviting is a lawsuit for money damages for the carrying costs. So it's not just let them sue us to make us start inspecting, it's, you know, the time we lose could be at substantial_ taxpayer's expense. CITY COUNCILWOMAN: What about withholdina the permits for future applications? MR. MARKMAN: Again, I don't know what they have that's gone through Planning. And you know, if we were going to do something with Nordic in the future, I would prefer to attempt to work with Brad at doing something in the planning conditions that could give us a hole*. Once they're through planning, the Council, as you know, you get to the stage where you have a mandatory duty to take them through the permit and inspection process. And to the extent we refuse to do so, we are subjecting the taxpayers to respond to substantial CERTIFIED COURT REPORTERS (714)558-9400 (213) 637.3550 FAX (714) 836-5195 120 17 1 2 3 4 5 b 7 8 9 10 11 12 13 14 15 lb 17 18 19 20 21 22 23 24 25 monetary damages. I have to point that out. It becomes a monetary issue for the City as well as a moral issue. MAYOR STOUT: I understand. MR. MARKMAN: My business is to point it out and it's the Council's business to tell us what to do anyway. MAYOR STOUT: The Council has reached frustration. I understand the potential ramifications; however, let me put it this way: I would like to explore not allowing Nordic to continue to work within the city until corrections are made to satisfy not only the Council but the Staff. MR. ALEXANDER: Can we write them a letter telling them what we're doing? CITY COUNCILWOMAN: Can we kind of threaten them? MR. MARKMAN: What I'd like to do is find out what they have in the city, under whatever name. We know who the human beings are, what states they're at, and report that back to the Council and see if you want action like that taken. Because it very well may be that they, as to all of them, they've got purchasers waiting to occupy them. CITY COUNCILWOMAN: That would be the smart way to go; wouldn't it? MR. MARKMAN: The Council needs to know that before we take that action. RTFIED (714> 558-9400 REPORTERS (213) 637-3550 x....... u....... H.i.... FAX (714) 836-5195 121 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAYOR STOUT: I don't mind doing that as long as you tell them that that's what we're thinking about doing. MR. MARKMAN: Well, you know, I'd almost suggest taking the transcript of this meeting and providing them a courtesy copy so that they know everything that we're doing. MAYOR STOUT: I don't think these people in here -- and I mean this in all honesty -- has said one single thing here that they haven't said to Nordic. Those people are not stupid. They know what they're doing to these people. I just want Nordic to know that we had this hearing tonight and we heard these concerns and we're seriously considering not allowing them any permits. MR. MARKMAN: Well, I think that's something that's within Jack's purview to convey the message. I'd be happy to do it. MAYOR STOUT: We'd like it to come from our attorney, is what I would like. MR. MARKMAN: It's up to you. CITY COUNCILWOMAN: Except our attorney doesn't think that. MR. MARKMAN: It doesn't matter. I'll convey the message that Council wants conveyed, if you want. MAYOR STOUT: That's a factual statement. We did discuss that, that possibility tonight. You told us what 1611 CERTIFIED COURT REPORTERS (714) 558-9400 (213) 637-3550 FAX (714) 836-5195 122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your opinion was, but we did discuss it. And I think we ought to tell them that we've been thinking abodt it. MR. MARKMAN: Okay. Let me make a note. I will convey to Nordic your message in a way I think that puts us in a better legal posture. MAYOR STOUT: That's why we pay you all the big bucks. The other thing is, I want the letter to know to whoever it is that investigates fraud, because in my position, I would suggest that we send it to the Attorney Generals first and to have them refer it to the District Attorney. MR. MARKMAN: I know they may make a referral to US. MAYOR STOUT: Explain to them what my situation is and that's why we're -- MR. MARKMAN: I'd like the Council to agree to get this hearing transcribed, however, so that we can supply everything that was said here to those -- there's no use in us sending them a generalized letter. CITY COUNCILWOMAN: Attach this to it. MAYOR STOUT: The first thing I would like is I would like everybody that we think that is appropriate in that tract that is a homeowner send a letter to the City and indicate the fact that we're conducting an investigation and we want them to write us with written CERTIFIED 1161 COURT REPORTERS (714)558-9400 (213) 637-3550 FAX(714)836-5195 123 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 responses outlining all the problems that they've had with that individual. CITY COUNCILWOMAN: And attach those letters to the other letter that you're sending the transcript of this. MR. LAM: Mr. Mayor, we will be asking for a listing of these problems that have been identified by the individual homeowners so that we can cross-reference whether those issues have been brought to our attention or not. Certain things may have fallen through the cracks. UNIDENTIFIED SPEAKER: Mr. Mayor, there has been a positive side that through the inspectors, they have applied pressure where Nordic has come a thousand percent the other direction, which is not enough. But what I'm saying: Compared to what they have been doing, they have come around where they are replacing driveways. They are trying to get things going. But this is just, like I say, to pacify you. The City Inspectors, they have came out, and like I said, they have backed what we've called up and say: Hey, this is this. We appreciate what the inspectors have been doing lately. The frustrations prior, that is past. We are working from now. MAYOR STOUT: We're not going to discontinue our efforts, but there is one thing I do recommend. I sincerely believe this: Don't believe the City can answer 25 1 all your problems. You guys are going to have to get 1611 CERTIFIED COURT REPORTERS (714)558-9400 (213) 637-3550 FAX (714) 836-5195 124 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 together. If you take one single homeowner out there and take a look at their problems, if you're in a court of law looking at that problem, you can say it's an abhorition, you can say it's an accident, you can say whatever you want to say about it. But if you've got 50 people that have all differnt kinds of problems, the circumstantial evidence becomes overwhelming. UNIDENTIFIED SPEAKER: I mentioned this two years ago to the people in the original Nordic. I had an attorney at the time. I mentioned about doing this. I was ignored until things started falling apart, major. Then they finally realized. I've only got my attorney. My wife was wrong. I've spent over $15,000 on attorneys' fees. I'm going to continue with my process. What they have to do is up to them. MAYOR STOUT: Fine. CITY COUNCILWOMAN: You know, I think more than anything what this might do is send out a message more than anything to the other developers in town who might dream of perhaps not building a quality home in Rancho Cucamonga. I think this is going to have -- CITY COUNCILWOMAN: Well, if I were the developer the message I would get is I could get away with it. That's absolutely the message I would get. 1611 CERTIFIED COURT REPORTERS (714)558-9400 (213) 637-3550 FAX (714) 836-5195 125 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CITY COUNCILWOMAN: Well, we just heard we couldn't do anything about it. CITY COUNCILWOMAN: Yeah, we can't do anything about it. UNIDENTIFIED SPEAKER: I have a slightly different feeling about it. There are developers in this city. There are developers in the city that like to do things the right way for their own reasons. So this particular organization seems to have 9,000 times more problems than some of the others do. I have talked to homeowners in the city that talk about some of the developers around here that say, "All I did was pick up a phone and the next thing I know, there was a guy out here replacing my front door," or there was a guy doing this and that. Those are the kinds of people where business is important to them and their reputation is important. To these people, their reputation is not important and they simply don't give a damn and it's obvious. CITY COUNCILWOMAN: But given the chance, some developers -- UNIDENTIFIED SPEAKER: What I'm saying is we don't need to give a message to everybody in this town because there are a lot of people around here that are appalled by -- CITY COUNCILWOMAN: But those that are good won't CERTIFIED COUP REPORTERS (714)558-9400 (213)637-3550 FAX (714) 836-5195 126 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 be bothered with the message. They know they're good. It's those that aren't, and there are those out -there. MAYOR STOUT: Is that everything we want to do tonight? All right. (Transcription of tapes concluded.) CERTIFIED (714) 558-9400 COURT (213) 637-3550 REPORTERS U.r... • MAI FAX (714) 836-5195 U.rteil • 127 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S CERTIFICATE I, a Shorthand Reporter, do hereby certify that the foregoing proceeding was written by me in Stenotypy, and transcribed into typewriting and that the foregoing is a true and correct copy of my shorthand notes thereof. Dated : AUG 2 5 1989 I�TTTT1�t�� COUD''1�L (714) 558-9400 _ REPORTERS (213) 637-3550