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1988/12/07 - Agenda Packet - RDA
�I CITY ON RANCHO CUCAMONGA REDEVELOPMENT AGENCY AGENDA REGULAR MEETINGS ist and 3rd W- dnesdays — 7:00 p.m. December 7, 1988 Lions Purk Community Center 9161 Base Line Road Rancho Cucamonga rrr Agency Alembe s Dennis 1. Stout, t.T.0 e..... Pamela J. Wright, vt+. cs.b p.m. Deborah N Brown, As, Charles J. Bugt,et, ,q...r M.obn Vtlllam J .Alexander, Ast w6/.nb.r rrr Lauren M. Wasserman, e,,..u. +ow. jsn..uq Cup osire• 939.1851 Llons Park 9843143 �row.ias... 5 PAGII Bed.velopmeat Ageety Agenda ,c•,�+,, t December 7, 1988 1 A. rALL TO Omit • 1. Boll Call: Brove , Buquat , Stout ,S{ Alexander __, and Gright _. f• X. CONSM CALKNDAA i . the following Consent Calandgr items are expected to bi ,+{q' routine and non- coatrovereial. they will be acted upon by the BO► at one ties without discussion. Any item may be removed by an Ateneymm,ber at member of the audience for 1 discussion. 1. 1. Approval of Ninutesl July 20, 1988 (,King, Nrisht absent); August 90 19081 and Anaust 170 1988 (Buquet, Ling absent). 2. Approval to receive sad file current Investment Schedule I as of November 00, 1988. C. PUBLIC BIARr 1. No items submitted. D. STAFF BBPOBY9 1. ANENDNBNT i0 RDA COUNTY PBB -TRIAL R TENIION FACILITY j NOU CO BA 87 -021 2. ANNUAL REPORT OP REr- VELOPNBI7I AGENCY ACTIVITIES FOR 11 FISCAL YEAR 1987/88 N. OONIOdICATICM V" I.. PUBLYC Thli is the time and Place for the general pnVlic to address the Redevelopment Agency. state law prohibits the Redevelopment Agency from addressing any issue not previously included on tba Agenda. the Redevelopment Agency may receive testimony and set the matter for a subsequent .eating. Commeatt are to be limited to five minutes per individual. F. ADJOU117lSN'I Nesting to adjourn to executive session to discuss potential property acquisition. t I July 20, 1988 CITY OP RANCHO CDCAMONCA REDSVELOV)BNf ACENCY MLWDTBg Ro�ular Heetina A. i A regular meeting of the Redevalopment Agency of the City of Rancho Cucamonga met on Wadresday, July 20, 1980, in the Lious Park Community Center, 9161 Base Line Road, Rancho Cucamonga. The meet ;ng vas called to order at 7100 p.m. by Chairman Dennis L. Stout. Present vero Agencymemberst Deborah b. Brovn, Charles J. Buquet 1I, and Chairman Dennis L. Stout. Also present veret Executive Director, Lauren H. Wasserman; Deputy Director, Jack Lam; Legal Counsel, James Markman; Assistant Secretary, Beverly A. Autheletq and Assistant Secretary, Debbie Adams. Absent Us re Ageacymembtret Jeffrey Ring and Pamela J. Wright (both members were on vacation). A, + r a B. _CONSBNr CAI.HRDAR Bl. Approval of Hiuuteat May 19, 1488 B2 Approval to Raceive and Pile the Redevelopment Agency Investment Schedule through July 17, 1988. B3. Approval of the Annual Statement of Iuvestment Policy for the Agency. R4. Approval of Annual RepayrAnt of Caty Loan for 1987 -88 HOTIONt it —el by Buquet, seconded by Btowa to approve the Content Calendar. Motion carrieJ 3 -0-2 (Ring and Wright absent). ♦ a r e a • P i a Redevelopment Agency NinuGe S July 20, 1988 Page 2 X C. PUBLIC IiBINCs ), . >, No items submitted. \. 4 c_ D. Bwv BBPORIS • No item submitted. 4 * * * 4 Y__COM UNICASIOYg YROM TNY PUBLIC • a i No communication vas made from the public. Jansu Markman, Legal Counsel, wanted to mention that the Plontoya Plan Amendment •j trial was set for the third week in September. R F. AD.TOUF'bB[R t MOTIONt Moved by euquet, seconded by Beovn to adjourn. Notion carried 3 -0-2 �• (Ring and Wright absent). Meeting adjourae4 at 7102 p.m. Ye.1pectfully submitted, Debbie Adams Assistant Secretary Approvedt t i August 3s 1988 ., CITY OF RANCHO CUCAMONGA REDHFBLOBMNr AGENCY HUPMS � Reau ler Its atlna r S" { A. CALL To ORDER A regular meeting of the Redevelopment Agency of the City of Rancho Cucamonga c met on Wednesday, August 3t 1988, in the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga, California. The meting was called to order at 7:05 p.m. by Chairmaa Dennis L. Stout. Prareat were Agencymombers: Deborah N. Brown, Charles J. Buquat II, Jeffrey King, Pamela J. Wright, and Chairman Denoia L. Stout. Also present wares Deputy Director, Jack ldal Assistant Secretary, Beverly A. A•,thelati Laaal Counsel, Andrev Aresynski. Absent vast Executive Director, Lauren N. Waasermaa. i O R f e e B. CONSENT CALBNOAR Bl. Approvnl of Minutes: June 15, 1988, and June 28, 1988. B'c. Approval to receive and file Iuvesta.nt Schedule as of July 31, 1988. 33. Approval of Redevelopment Agency By -Laws Amendment. RHSOLUr ?nti No, RA 88 -004 A RESOLUTION OF THE RANCHO CUCAMONCA RCDBYELOPNE4T AGENCY, AMENDING RESOLUTION Ko. RA 81 -1, ADOPTING BY -LAWS FOR SAID AGENCY B4. Approval of Chino Satin Municipal Water District Tax Increment pass -Thru Estimate for PY 988 /89. This m,thorires official notification to Chino Basin that due to our tam increment cap the Redavolopoutnt Agency would not be able to fully meet the districts 88/89 ludgetary ra4uast (until the Plan Amendment is approved). MOTIONt Moved by Wright, secoaCad by Brown to approve the Consent Calendar. Notion carried 3 -0-2 (ABSENT: fuquet 6 King). a }*ass C. PUBLIC HEARINGS He items submitted. Redevelopment Agency Minutes August 3, 1988 Page 2 y± B. STAFF WORTS ¢j h No its= submitted. w t k f f k k f ji E. MCATIM FUN TEL PUBLIC k No conmunitatlon was made from thr public. k k f f a n P. AOJ(SANA T MOTIONS Moved by Wright, secoadol by Brovu to adjourn. Notion csrriud 3 -0-2 (Absent: King, Buquet). The meeting adjourned at I01 p.w Respectfully submitted, Beverely A. Authelet Assistant Secretary Approveds k August 17, 1988 CITY OF RANCHO CUCI;WHGA REDSV3LOPWJr AGENCY MMOTES Regular Neetinx A Carr- TO ORL[R A regular seating of the Radavalopuant Agency of the City of Rancho Cueuooga not on Wedmosday, August 17, 1988, in the Lion's Park Community Canter# 9161 Bane Line Road# Rancho Cucamonga, California. The meatiug was called to order at 7107 p.m. by Chairman Dennis L. Stout. Present ware Ageneymemberas Deborah N. Brow, FAmels J. Wright, Chairman Dennis L. Stout. Also present werct Executive Director, Lauren N. Wassermaa; Deputy Director, Jack Lam; Legal Counsel# Janus ;;azkman; Assistant Secretary, Beverly Authelet. i Absent were Ageneymemberst Charles J. Buquet II and Jeffrey Ring. r r r r r r 3. CONSENT CALEMI Bi. Approval to designate the Deputy Executive Director to process the consent Lo the substitution of subcontractors pursuant to the public contract code. RESOLUTIO8 NO. RA 58-005 A RESOLUTION OF THE RANCHO CUCANONGA REDEVELOPHENT AGENCY, AUTHORIZING AND DIRECTING THE DEPUTY B68CUrIVE DIRECTOR TO PROCESS ARD, IF APPROPRIATE, CONSENT TO THS OUBSTITUTION OF SUBCONTRACTORS PURSUANT TO THE CALIFORNIA CONTRACT CODE NOT10NS Nomad by Brow# secoude6 by Uright to approve the Consent Calendar. Notion carried 3 -0-2 (Absents Buquet and Ring). r r r r r r C. PUBLIC 1MARrNCS No items submitted. r r r r r r No items submitted. D. STAFF REPORTS r r r r r r n 0 i v� Rader4$. +au:nt ARentiy Minutia � August 17, 1988 Page 2 R. CATIONS PION TIM PVVLIC •, �- None submitted. 4 r r r• r r ` D. AWOUANOW ( NOTION$ Moved by Rrigbt, aeeondad by Brow to adjourn. Notion carried 3 -0-2 ' (Absent$ Buquet and Kiog). The matting adjourned at 7$10 p.m. :$ Respectfully submitted, P. Btvarly A. Authelet Assigtaut secretary Approvedt r e ,f ,�. October S, 1988 CITY OF RANCHO WCANONGA RRDRPRLOPHSHT CCSNCY NINU'r3S :' 2eau Lr Y.eot ina M J� A. CALL TO ORDRR Praseut voce Agencymov3eret Deborah lI. Brow, and Chairman Dennis L. Stout. Absent were Agencymnmlo.st Psmla J. Vright, Charles J. Buquet II, and Jeffrey Kind + R R R R O R S. CfV3KVT CALM" i 81. No item suhmitted. R R R R R R C. PUBLIC NKARTNCS Cl. No item submitted. r , I.-SAM VKPORTs D1. No item submitted. • R R R + r S. CO.Y9NICATIONS YON THB PUBLIC El No item submitted. • r + R R P. ADJOURNKENt The meting was adjourned for lock of quorum, to reconvene in a joist meting with rho City Council in a cicsed session following the City Council mooting to discuss litigation between the school districts and the Redevelopment Agency. Respectfully submitted, Beverly A. Authelet Assistant secretary Approvedt + \ | , | , ` i ik ■ ■ ■ ■ | h h q . . Ell: \ \ / ® at, al� § & &zaQ6 / .t Ge\ � qt� yy •� • c s a:s :Y "eti.ii a cg� aa� ,, hYSi a`9tl "se9- eH�99t3 @g e9hG5 a "i35 `.?'" r 56 t� °���� a c. M It ' r, g 3 3 iF ea• Bi 8"t= @RSC ESR -a'a a �!axY7a'}t�T3 sa;tspa 'p Yas�Yaiai 403 as } a � a a xns pp a sssssa asasalaw s a esss etas 13th 9 '�4 p3aai}Si$ } Hai Al %k:1 ' X9 a gas a as d aassaasisaaaaksas g ssasfiasss 3� a � e gs 9 *� nfras`V -V- 16341 "a981i.YcaG9s $ C1 aa�s a as 6 aaaas sasasaaaSaw a esa axe ieta a ` 33� a sic E3�&�a�Sggp @5 aHoa�a H2 E 333 3 83 OUSN1190 9 #N36 t 999F9FJ3t �I r r r�� �•rrr� -��� �r c 933 : E9 6 9E9Ea ?�frs:9���?«Ea9 9 2fE936 §£3 �I F a ? 9aK _ __ a 9b�3..fina.tl6�K @93..Y 9 .3rsu�t`ea9 •?a ., ■.#|ge ae |.a |o |k �g1 dig f ||. |m |22� ■ ■ „■ ■I �$ | �§ |§ t§ � �� • } % | E �q k go! & a , ? | || t ! !t!t t k | as ;§§; ;; § !| § ; !� § § ; ;§; § ;; § •� ; §;§ [ ;; ; .f || | | || || | '| . , Fr 4- . ,.a. E „ MON.. AMF / a 2 ■ � | / ■ � |, } ■ 6 | § , * | !3 t;■ � r CITY OF RANCHO CUCAMONi REDEVELOPMENT AGENCY STAFF REPORT DATE: December 7, 1988 TO: Chairman and Members of rile Redevelopment Agency FROM: Jack Lam, AICP, Deputy Executive Director SUBJECT: Amendment to RDA/County Fie -Trial Dentenllon FocNty MOU RECOMMENDATION: Approve, nocificallon of Sectlon 3.1 of the RDA /County MOU and forward to the County Board of Supervuors for county action BACKGROUND: In September 1987 1 .a R .ncho Cucamonga Redevelopment A ency and San Bernardlno County entered Into a Memorandum of understanding regarding the pre -trio) detention faclEty. ANALYSIS: In recent discussions with the county, 9 was agreed that the original longuoge In section 3.1 was too brood, end R would be desirable to refine It to reflect a more workable document with greater speclflcity wllh regard: to the off site Improvements. Staff believes that the attached mods lcor'on to section 3.1 would address this need for greater specificity and the county staff concurs with the same. Respecifull su,{bmdtod, Jack Lam AICP Deputy Executive Director 9 i *COUNTY OF SAN BERNARDINO STANDARD CONTRACT eoun,r D.patm.nr CONTRADT NUMPER Cwntr pgrtm,nt C4sh.1 Rew.sennt. O R. w. O Tesmwate, 10.10: Ph Ea BuOrt Unit No. BunOel.er No. cane No, op NO. Arnoamto u¢r Deck On.• 0E.Mrseiture C]Rmmn Il crntr.n kn mor. thwist,a wm.nto,tenrnt, eprnW.n rh, IdlwNna. SSA. d F.Wt.I Nwnhw of u.rmenn EnpbawlD# Enlnethi.shountaftsoh. S THIS CONTRACT is entered Into in the State of California by and between the County of . n Bernardino, hereafter ..called Use County, and hereafter called IT IS HEREBY AGREED AS FO! LOWS: (Um mace below and rwwar side of fonts ! / needed. Set forts semra to be mnderrd, emounr to be Paid, ou,, ro /Payment, nine for prtotrunre or romPlIUM detesmAMtion of ydsfeclnry nMormanm and btrsn tot tcrmrnation, abler temN and conditions. end orthi Plans, spedfiations, and adcendi, If my ) ANIENU6IENTTO AGREE51ENT 487.858 Article III, Section 8,1 is amended effective November 7, 1988 to react as follows: Section 0.1 Pursuant to Section 4.1 of the Agreement, and this Memorandum of Understanding, Agency shall provide sufficient funds to reimburse Gounty to construct and Install: (1) offsite water, waste - water, gas, telephone, electrical, cable TV Improvements= end, (2) offsite public Improvements for Etiwanda Avenue and Fourth Street Oncluding, but not limited to pavement, curbs and gutters, sidewalks, street lights, landscaping and Irrigation, traffic signing, striping P id markings, traffic signals, and storm drainage facilities), necessary to operate and maintain County's pre -trim detention facility, provided such reimbursement shall not exceed 51,000,000 (One Million Dollars). County Mall submit Invoices to Agency for expenditures subject to reimbursement and Agency Phall relmbucso County for such expenditures within sixty (80) days thereafter. Any provisions on the reverse side and "ferenced attachments hereof con e,tute a part of this contract and are incorporated herein in full COUNTY OF SAN BERNARDINO e Chairman Boat �UperV Wr6 Dated ATTESTED e Clerk of the Board of Supervisors Andress — — :Stare J rwParohan c Psts , OW) By - - -- /ApMrnrM Sgn+tuTl Dated Title County Cwnwi t 02 12215 10, is., Iurn) st nevq..eu at to U neat ea Mnonure p Covniv Aammnu ,v. Office p,.. 1 er__ MEMORANDUM OF UNDERSTANDING FOR CONSTRUCTION OF REGIONAL PRE -TRIAL DETENTION FACILITY PUBLIC IMPROVEMENTS BETWEEN THE COUNTY OF SAN BERNARDINO, THE RANCHO CUCA41ONGA REDEVELOPMENT AGENCY, AND THE. CITY OF RANCHO CUCA51ONGA ARTICLE l PARTIES AND DATES This Agreement eatcred into in tho City of FLm "tio Cucamonga, County of San Bernardino, State of California, this /,�/,% day of September 1987, between the COUNTY OF SAN BERNARDINO, a political subdivision of the State of California ( "County "), end the RANCHO CUCAMONGA REDEVELOPMENT AGENCY, a public body ( "Agency "), and the CITY OF RANCHO CUCAMONGA. a municipal corporation ( "City "). AIt79CLE 11 RECITALS Section 2.1 Agency i,i presently undertaking it program under the California Community Redevelopment Law (Health and Safety Code Section 33000 cl se g. • for thn redevelopment, replanning and redesign of certain noncontiguous and bligl,ied areas within the City with stagnant, improperly utilized and unproductive. land known as the Rancho Redevelopment Project ( "Project ") and requiring redevelopment in the interestof the health, safety, and general welfare of people of tha City of Rancho Cucamongc pursuant to Ordinance No. 166 adopted by the City Council of Rancho Cucamonga, California, on December 23, 1981, or amended, which authorizes the redevelopment ofun aree within the territorial limits of the City by the Agency. fI 'All Subsequent references, unless otherwise noted, are to the California IIealth and Safety Code. -1- ection 2.2 County, Agency, and City have previously entered into on agreement on February 21, 1982, entitled "AgreemantRegarding Rancho Redevelopment Project Aren (Rancho Cucamonga Redevelopment Agency) ",.and certain amendments thereto (the re "Agement!% pursuant to Sections 53401 and 334 -06. The purpose of the Agreement is to assist In the financing of certain regional facilities I Alch Agency and City have found to be of primary benefit to the Project and for which cherr Is no other reasonable means of finencing. Section 2.3 County, Agency, and City pursuant to Section 4.1 of the Agreement, as amended, wish to provide for certain reimbursements to County in order to facilitate redevelopment witilin City and to further provide for the cooperation of County and Agency in carrying out redevelopment activities by financing the construction of certain public improvements appurtenant to and of benofit to County's pro -trial detention facility to be located in the vicinity of the northwest corner of Etiwanda Avenue and Fourth Street. Section 2.4 Agency has found and determined that it would be appropriate to pay money to the County which shall be used for the construction of public improvements which are regional facilities nod of primary benefit to the Project and by otherwise assisting in the financing of County's pre -trial detention facility. NOW, TUEREFORE, in consideration of the foregoing and the mutual promises and covenants contained herein, the parties hereto agree ae fullowa: ARTICLE III AGENCYREIMUURSEMENTOFCUUNTY Section 3.1 Pursuant to Section 4.1 of this !agreement, and this Memorandum of Understanding, Agency shall provide sufficient funds to reimburse County to enable County to constructand installoffsitc water, waste - water, gas, telephone, electrical , and cable TV improvements necessary to operate and maintain County's pre-trial detention facility, provided such reimbursement shall notexceed $1,000,000 (One Million Dollars). �L -2- >`•'iv" ' Wri•�.1:?Pry -i., ,y. ��.i'5:�. «��y;-•.^t.. ... • ;r,. ,J:t•• �'lr "_ i',ri't bi:3w•r1 a :. q• r�: � �s1i f`r�'`.,.1. - •.{, , ±y7;7 =iIF; County shell submit lnvolces to Agency'for expenditures subject to reimbursemept end. Agency shall reimbuise County forsuehexpenditures within sixty (60) days thereafter. I I Section 3.2 City shall have the right'to exercise preliminary site development review of the pre -trial detention faculty as such review reldtes to and concerns the Integration of public improvements so as to insure public safety and access. City's Planning Commission shall also have the right to informally review County's site development master plan and building designs for v ich facility In a manner consistent with such body's review of County's law an$ justice center County shall cooperate with and assist, in such review process. ' Alt'P1CLE 1 V TERM This Memorandum of Understanding shall become effective upon execution by all parties. All rights and obligutions under the terms and conditions of this Memorandum of Understanding shall terminnte in the event the Agency's right to claim and receive tax increment pursuant to Section 33670(b) ceases. 9 • -3- cr^ry OF ItANC110 CUCAMONGA g - ? -97l ate Mayor A'1`rLS'C: ty er f /` ecrotary RANCHOCUCAMONGA REDEVELOPMENT AGENCY i[rman APPICOVED ASTO FORM: au L Ueputy Count C unsel COUNTY OPSAN BERNAItDINO SEP 2II 1987 Y ato rne G �a r Hon ard o. ervls rs SIGIED AND +GC'= 'THAT A CON OF THIS DOQP' rr HAS BEM DUXVERED TO O mm amIMC'1�1M OF MIE BOARD M UTIIA H.- SCUDDER Clerk of the Board of Supervisors .00ff / the e CCount of San Bari rdino BY eputy -4- CITY OF RANCHO C REDEVELOPMENT STAFF REPORT DATE: December 7, 1988 TO: Chairman and Members of the Redevelopment Agency FROM: Jack Lam, AICP, Deputy Executive Director BY: Olen Jones, Redevelopment Analyst SUBJECT: Arnuai Report of Redevelopment Agency Activities for for Fiscal Year 1987/88 RECOMMENDATION: Review and Accept the 1987/88 Annual Report and authorize Its transmittal to the appropriate State agencies. BACKGROUND: The Heath and Safety Code requires every Redevelopment Agency to file and Annual Report of Its activities vAlhin six months of the close of the fiscal year. This report is required to conlaln the following Information: • Activities which Involved participation by the Agency in FY 1987/88 and a description of the revenues and Indebtedness of the Agency • Comparison of actual Agency achievements with the work program goals Identified in the Annual Report for Fy 1986/87 • Proposed work program goals for Fy 1988/89. • All activities of the Agency which affected housing • A copy of the Aur tt Report for FY 1987/88. • An opinion from Agency counsel regarding the Agency's compliance with the laws and regulations governing redevelopment ANALYSIS: The attached Annual Report for FY 1987/88 has been prepared In accordance with the applicable legislation, and contains all of the required information as outlined above. Once the Report has been accepted by the Redevelopment Agency, it will be sent to The appropriate State agencies. Jack Lam, AICP Deputy Executive Director �� ;/ 7, 1. 1 FISCAL YEAR. 1987/88, I I Table of Contents 1. INfRODUCTION. ........... _ .............. __... „. _.....„.„.. .. „ „ ............. „............I 11. FISCAL STATEMENT FOR ACTIVrI MS DURING FISCAL YEAR 198788.... .............. A. Major Programs ._.._........_.._...._.. „.._ ..... _. „ „__...._.. „.... „.... „. „__1 DayCreek/Mello Roos Program .......................... ..............................1 Foothill Fire Protection Dist rict .......................... ........_.....................2 OPA841.._...„„ ... _ ................. _ .... „ ...................... „................ „............3 Neighborhood Conservation„.....„_....__.„.... ....... „__„ .............. ....4 Public Safety /Civic Facility Business Property Improvement Loan Redevelopment Plan Amendment„ .._.._ „., „. „... „ „...... „.._.... .. „S Marketing/Promotions ..................................„..„.. ..............................5 Foothill Specific Plan ..................... __._._,. „ ..... ......... ............... 6 B. Fiscal Analysis............„ ...................„................._....... ..............................6 III. COMPARISON OF FISCAL YEAR 198687 WORK PROGRAM GOALS WITH ACTUAL ACHIEVEMENIS OF FISCAL YEAR 198788_ „......_ _...... „__....__... „.. „......._....... „ .............7 IV WORK PROGRAM GOALS FOR FISCAL YEAR 198889__ ............... 7 Day Creek/Mello Roos Program .......................... ..............................8 Foothill Fire Protection District .......................... ..............................8 OPA84- 1 ..........................„....„..........„........................ ..............................8 Public Safety /Civic Facility __ .......... .... ................. ........ ...............8 Home Mortgage Revenue Boud Financing ...... ..............................8 Marketing / Promotions .......................................... ..............................9 Foothill Specific Plan ........ ___ .......................................... _....._....10 Neighborhood Conservation ..._ ............... ......... .............................10 V AGENCY ACTIVTTfES AF! CUING HOUSING ......................... ...........10 VI. AUDIT FOR FISCAL YEAR 1987/ 88 ......................... ..............................1 I VII AGFNCY COUNSEL OPINION LETTER OF COMPLIANCE WITH LAWS AND REGULATIONS....„.... ...... __ .......... .............. . „ .............. _ ..... 10 1 3 L IN i RODUCTION This Annual 'keport is intended to satisfy the requirements of the California Health and Safety Code, beginning with Section 33080, as it pertains to the activities of the Agency through fiscal year 1987/88. This report recognizes the fifth complete fiscal year of the Agency's existent- and will consider the following items: - Discussion of the Agency's activities during fiscal year 1987/88. This discussion includes a description of the revenues and indebtedness of the Agency. - A comparison of the achievements of fiscal year 1987/88 with the goals outlined in the Annual Report for fiscal year 1986/87 - A work program for fiscal year 1988/89. - A description of the Agency's activities affecting housing and displacement . An independent financial audit report for fiscal year 1987/88. - An opinion from Agency counsel regarding the Agency's compliance with the laws and regulations governing redevelopment. II. FISCAL STATEMENT FOR ACTIVITIES DURING FISCAL YEAR 1987/88. A. Major Programs Day Creek /Mello Roos Program In an effort to relieve flooding conditions in certain portions of the city, the Redevelopment Agency worked closely with the City, the County of San Bernardino, the City of Ontario and various prcperty owners to establish a Community Facilities District in fiscal year 1983184. In fiscal year 1985/86, an 818 Million Bond Issue was sold, the proceeds of which will be used to construct a major flood control facility As a part of the bond structure, under the terms of a Loan and Pledge Agreement between the Agency and City, the Agency has committed a portion of its tax irerement revenues towards 1 —19'— debt service for the bonds. This Agency contribution helps to reduce the per -acre- assessment to the prope rty owners. Recognizing the potential for onn reclamation of usable groundwater, the Agency and City obtained a lone from the Bureau of Reclamation to fund a portion of the project. Agency has also committed a portion of it tax project meenttanmvenu scat Yes ear repayment of this loan. Construction othues, and should be completed in 1986/87. The project consists of three p fiscal year 1989/90. In conjunction with the development of the Regional Flood nObuted s30ems in the eastern portion of the Project Ann, the Agency provides to the study of the Etiwanda Drainage SystemhtsaFdolocal drainage review and analysis of the regional, master planned, nd systems in the area to determine their proper development to relationships. It will also determine if interim facilities are needed prior the completion of the regional facilities, and what impact each of these will have on the regional facilities. Foothill Fire Protection District. During fiscal year 1987/88, the Agency participated with the Foothill Fire Pr-ktectioa District in the following areas: 1. Aerial Ladder Truck Company - The Agency entered into a contract for the purchase of an aerial ladder truck to provide y usarea. primary service to developing with down pY meat as made i fiscal year subsequent annual installments of $65,000.00 per year 2, Fire Protection Capital improvements Program - In February, 1986, the Agency and Fire District executed a Memorandum of Understanding which defines their their rC5pectiv Capital roles and responsibilities in the prep the improvements Program which is facilities eoorservfor new development of new fire protection development in the Project Area. In February, 1987, the Agency approved a financing plan for the development of the needed fire protection on currentsp identified of by the Fire District. This p lan, revenue, d that the will f l ire ph ses. Ph seoneconsisofhe devel pmentotwonew ire stations, and phase two consists of the construction of new — tS 2 training and maintenacce facilities and the relocation of an existing facility. In October, 1987, Wolff/Long /Christopher was selected as the architect for the project, and land acquisition was started Design work or phase one of the facilities also was begun in October, 1987. Working with the Fire District, the Agency sought to locate available land that would provide the necessary fire protection coverage for the Project Area. Due to the necessity of locating the stations in areas which would allow the quickest response times, acquisition of the required land had not beet: consummated by the end of the Fiscal Year. In May. 1988, the Agency entered Into a Lease Agreement with the City of Rancho Cucamonga for the purpose of selling $9,5000.000 in Certificates of Participation to finance the construction of phase one of the Master Plan, stations 4 and 5. 3. Fire District Flan Checker - In order to assist the Fire District in providing adequate review of building plans in a timely fashion, the Agency entered into contract with the Fire District for specific commitments to plan review and plan check activities in the project area. The contract provides for rite retention of one plan check review person by the Fire District, with a matching commitment by the Agency. The new position was filled in Febtvary, 1988. OPA 84.1 In April, 1987, the Owner Participation Agreement between the Agency and HFA Associates was amended to allow up to a three year extension in the time of performance. This extension was necessitated by the review of market demographics for the area, which indicated that the market area was net quite [nature enough to generate the ecessary support. The Agency's financial commitment to the project has been fulfilled HFA Associates coo. -need a sign advertising the location and opening date of the Shopping Cum. in September, 1987. The Agency and City have begun design work on the I- 15/Foothi" Boulevard interchange, in order to provide better traffic circulation for the development of the regional shopping center. The developer of :he 3 —� " Regional Shopping Center contributed to the cost of the interchange B improvements. t Tie Agency explored the possibility of realigning the Edison easement along Day Creek Bouleva*d. Neighborhood Couservatir.n: As a part of the Agency's program for ." improving and Increasing the supply of affordable housing in the community, as required by Section 33334.2 of the California Health and Safety Code, the Agency has identified thirteen (13) neighborhood capital improvement projects in targeted neighborhoods which will be financed with the Agency's housing set aside funds. In conjunction with this program, the Abrncy entered into a Reimbursement Agreement with the City to provide the financing for the qualified projects. Under the terms of this agreement, the City advances the cost of the improvements, and is then reimbursed by the Agency. In June, 1986, the Agency received notice of the filing of a lawsuit by the Western Center on Law and Poverty, Inc. on behalf of certain residents of the San Gabriel Valley Labor Association labor camp. The owner of this facility had elected to demolish the buildings rather than make the necessary repairs required to meet minimum health standards. It should be noted that this lawsuit was part of a statewide effort on the part of Western Center on Law and Poverty, Inc., to force the State legislature to address the ambiguity of the statutes that relate to the use of this set - aside money Rancho Cucamonga Redevelopment Agency was only one of many who were sued on the issue. Due to the lawsuit, no further expenditures have been made under this program Public Safety /Civic Facility Design for the Public Safety /Civic Facility, as implemented by the City, was completed during fiscal year 1986/87 This will provide permanent facilities for the Redevelopment Agency, City departments and Public Safety functions. Funding for the facilities is provided jointly under the terms of an agreement between the City and Redevelopment Agency The contract for the construction of the facility was awarded to Berry Construction in September, 1987. Construction of the fatality was begun in October, 1987, and is approximately 40% complete. I —Y fi v J Business Property Improvement Loan Program In March, 1987, the Agency approved a Business Property Improvement Loan Program for tbo ;S purpose of assisting property owners fronting Foothill Boulevard in upgrading the physical appearance of their properties. The program offers loans of up to $50,000 to property owners for qualified property improvements Vineyard National Bank: was selected as the leader for the program in July, 1987 Advertising brochures were mailed directly to property owners explaining the program and encouraging their participation. The Agency is also working with the Chamber of Commerce and Code Enforcement staff to publicize the program along the Foothill Corridor. Redevelopment Plan Amendment: A Redevelopment Plan Amendment was adopted on Tune 23, 1987 however, due to a problem with the Postal Service, notice to some affected property oauers may not have been delivered until after the public hearing. As a result, the Agency held a second public hearing in August, 1987, at which time the original ordinance was rescinded and the amendment reapproved. Although not legally required, the Agency took this step to ensure that affected property owners had an opportunity to address the Agency In September, 1987, the Agency received notice of the filing of a lawsuit by three elementary school districts in the City. Negotiations with the three districts continued throughout the fiscal year. Marketing /Promotions Several creative marketing and image pieces were produced during fiscal year 1987/88. To cclebratb the City's 10th Anniversary, Agency staff prepared a mutli -media production for presentation to the community. Since the project area is receiving the majority of new development in the City, new videos were profit ced to illustrate the development review process and the procedures for developing a new business in the City in order to ensure compliance with the Plan. Redevelopment slide shows were produced for use by speakers at community group meetings and for presentation at the Inland Em"'Ire West conference. Two colorful advertisements debuted, garnering much attention -- the "Good Life" ad, highlighting the City's quality of life, and tim "Chicolate" ad. The logo- shaped chocolates created for this promotion have been enthusiastically received by mane targeted audiences Through 5 - IF' aovertising and exhibits, the Agency /City have made valuable concocts with prospective business firms, developers, and investors. Foothill Specific Plan: With the approval of the Foothill Specific Plan by the City Council, the Agency and City developed an implementation program outlining available resources and potential timing of the Specific Plan. The Implementation Program define.% the Agency's participation in the renovation of Foothill Boulevard, and the impacts of this program on other Agency priorities. The Agency's financial commitwent to this program is contingent upon the successful implementation of the Redevelopment Plan Amendment No. I B. Fiscal Analysis A fiscal analysis of the Agency is shown, in part, on the attached Statement of Indebtedness. Briefly, the total outstanding indebtedness for the Project Area, as of June 30, 1987, was $15,753,804. This total debt is a combination of loans from the City, interest on the loans, obligations under the pass - through agreements with Chino Basin Municipal Water District and Cucamonga County Water District, and total payments of both tax allocation bond issues, TA 86 -1 and TA 87 -1 over the thirty year lives of the bonds. In fiscal year 1987/88, the Agency received it total of $11,525,117 in tax increment revenue. The majority of this revenue is used tt: pay existing debt obligations. The Agency is also required to set aside 20% of the gross tax increment receipts pursuant to Section 33334.2 of the California Health and Safety Code. There are two special districts which r.zeive direct payments from the Agency when tax increment is received. These two districts, Cucamonga County Water District and Chino Basin Municipal Water District, teceive avenue, pursuant to pass- through agreements executed at the time the Project Area was formed. These pass - through payments are used by the districts to meet capital and bonded indebtedness obligations. In fiscal year 1987/88, a total of $763,936 was paid to these special distracts pursuant to Section 33401(b) of the California Health and Safety Code. _1Ot - III. COMPARISON OF FISCAL YEAR 1986/87 WORK PROGRAM GOALS WITH ACTUAL ACHIEVEMENTS OF FISCAL YEAR 1987/88 The Annual Report for fiscal year 1986/87 identified ten (10) program areas to which the Agency would devoie the majority of its efforts in fiscal year 1987/88. These areas included: Day Creek/Mello Roos Program, Tax Allocation Bond 86 -1, OPA 84 -1, Public Safety /Civic Facility, Home Mortgage Revenue Bond Financing, Foothill Fire Protection District, Marketing /Promotions, Certificates of Participation, Neighborhood Conservation, and the Redevelopment Plan Amendment. As indicated in Section II, these goals have been substantially met. IV. WORK PROGRAM GOALS FOR FISCAL YEAR 1988/89 During fiscal year 1988/89, the work program will consist of implenauuting the projects which have been prioritized In the Redevelopment Plan. Thus, projects begun during the past year will receive furthet implementation and other projects will be considered as they relate to the overali goals set forth to the Redevelopment Plan, which include: I Protect and promote the sound development and redevelopment of blight as defined in Sections 33030 through 33032 of the California Health and Safety Code. 2. Assure that projects in the fToject Area provide assistance in alleviating physical rnd economic barriers to development in the Project Area. 3 Assure that projects in the Project Area are in conformance with die City's General Plan goals. 4. Assure chat projects in the Project Area provide for balanced and orderly development. 5 Provide for assurance of adequate tax increment to help finance improvements in the Project Area. The following is a summary of the projects and goals anticipated to be implemented during fiscal year 1987/88. —2o- 7 it Day Creek /Melto Roos Program: uihminAgen yofintends 0t annually financially to the project by p 8 8 towards debt service an the bonds. The pledged amount will help to reduce the per- acre - assessment of the property owners. The Agency will pay the minimum pledge e f ° Increment revenue targeted f or the purpose odevelopingreg onal flood control facilities, pursuant to the pass- through agreement executed between the Agency and the County of San Bernardino at the time the Project Area was formed. Additionally, the Agency has agreed to enter into a Loan Agreement with the Federal Bureau of Reclamation for funding of a portion of the Day Creek Improvements. This no- interest loan will fund Phase 3 construction of the Day Creek facility, which include improvemens from Basrline son[h to the City. limits. The loan is expected to be received in iecrements, approximately $3 Million expected in fiscal year 1988/89. Foothill Fire Protection District: The first phase of the approved Master Plan will be started during fiscal year 1988189. With the sealeet-tiOn of the architect, the design of Fire Stations 4 and 5 will begin, substantially completed by the end of the fiscal year Purchase of the required land for all three stations will be accomplished in 1988/89. Financing for the first phase is expected to be in place early in fiscal year 1988/85 As proposed, the City will issue Certificates of Participation, secured by a lease with the Agency. This method of financing will have minimal impact on the Agency's bonding capacity OPA 84 -1: With the issue of Tax Allocation Bond TA 86 -1, the Agency has fully satisfied its financial commitment under the terms of OPA 84 -1 Under the terms of OPA 84.1, the developer of the regional shopping center is required to submit off -site improvement plans to the Agency in May, 1990. Public Safety /Civic Facility' Construction of the Public afetY /Cifor Facility began in fiscal year 1987/88. Agency staff, asp ro project manager the Agency /City, will monitor the progress of this jointly - funded project in the interest of the Agency /City Construction of the project is erected to be complete in mid 1989. Home Mortgage Revenue Bond Financing: To the extent that there Is sufficient developer interest in a new Homo Mortgage Revenue Bond Issue, is —aI- This comprehensive program places Rancho Cucamonga at the forefront of g the national market. It Is designed to reinforce the 'competitive edge' and strengthen the community's economic base. Foothill Specific Plan. As defined in the Implementation Program for the Foothill Specific Plan, the Agency's financial commitment to this revitalization program is cotrtingent upon the successful implementation of the Redevelopment Plan Amendment No. 1. Should the Redevelopment Plan Ameriftent No. 1 be r:.solved in tire Agency's favor, construction of the public improvements along it Foothill Corridor will begin as outlined in the Implementation Program. Neighborhood Conservation- Although the Agency has identified the targeted neighborhoods eligible for receiving Agency funding for public improvements under this program, no work program for fiscal year 1938/89 has been developed due to the litigation filed by the Western Center on Law and Poverty. Subsequent to tLe favorable resolution of the lawsuit, a program for the identified projects will be developed and construction begun. V. AGENCY ACTIVITIES AFFECTING HOUSING During fiscal year 1987/88, no households or families containing persons of low or moderate incomes were displaced or moved from their dwellings as a result of Redevelopment Agency activities. In addition, the Agency does not expect to displace or move any low and moderate income households or families from their dwellings during fiscal year 1987/88. During fiscal year 1987/88, no dwellings housing persons and families of low and moderate incomes were removed from the housing market as a result of Agency activities. Except for those first time home buyr -s who participated to the Agency Single Family Mortgage Revenue Bond Programs, no Agency assistance was provided for the constriction, rehabilitation, acquisition or subsidization of affordable dwelling units to persons and families of low and moderate incomes. The Rancho Redevelopment Project Area was formed in fiscal year 1981/82 and, therr.fore, must comply with Sections 33334.2 and 33334.5 of the California Health and Safety Code. These sections require the Agency to set aside 20% of all gross tax increment revenue receipts from the Project Area for improving and increasing the community's supply of affordable housing. To date the Agency has committed a portion of this 10 —2.2' :7 fund to assist in the development of a senior citizen housing project (Calmark developer agreement, refer to fiscal year 1983/84 Annual Report). Additionally, the Agency executed an agreement with the City of Rancho Cucamonga, under the terms of which the costs for Infrastructure Improvements in certain targeted neighborhoods will be reimburseri to the City Validation proceedings to ensure that the propotsd improvement costs will qualify as legitimate debt have been completed, in the Agency's favor. However, with the tiling of the lawsuit by the Western Center op Law and Poverty, Inc, Agency counsel has advised the Agency to withhold sny payments under the terms of that agreement until the lawsuit is resolved. The Agency has identified thirteen qualified neighborhood conservation projects which it intends to finance through the use of the 20% set aside funds. The Agency intends to continue to assist in completing these projects, either through the sale of tax allocation bonds, or through successive reimbursement agreements with the City. VI. AUDIT FOR FISCAL YEAR 2987/88 In accordance with California Health and Safety Code, Section 33080.1(a), the Rancho Cucamonga Redevelopment Agency contracted with the firm of Lance, Sell, & Lunghard, Certified Public Accountants, to complate an examination of the financial records and transactions of the Agency for the year ending June 30 1987 This financial audit, as prepared by the auditor and submitted to the Redevelopment Agency, is attached as a part of this report. VII. AGENCY COUNSEL OPINION LETTER OF COMPLIANCE WITH LAWS AND REGULATIONS In accordance with California Health and Safety Code, Seed "'80.1(2), an opinion letter from the legal counsel for the Rancho Cura.monga Redevelopment Agency is attached to this report. The opinion latter indicates the Agency's compliance with the laws, regulations and administrative requirements which governs the activities of the Agenc; �3- II the Agency will Pursueetheosix' ie and marketoconditonsoin order to be an issue depends largely financially viable. This year's marketing program has been btarketing /Promotions. planned to maximize exposure to a selected audience of'. executives, international devetopeF Full ge colors ads will be placed in a the commercial /retail industry variety of trade journals and well -read association magazines, even reaching 98 foreign eouarries. Our goal is national recognition as the young, premiere city within southern Califmria. To further enhance our image, awareness, and potential with this ntgroup. the au�crtising campaign will be enahnced with appearances at cor.ferences. The agency will be exhibiting with: the National Association of Ituinstriat and Office Parks (NAIOP) in October This group Promotes emotes high quality development and work eavirouments. In May, a Rancho Cucamonga booth will be hosted for the shopping center - retail trades at the ICSC (International Council of Shopping Centers) conference. And, th- agency will also be represented at the LdACORE (int his inaan i solute al on of Corporate Real Estate Executives) annual meeting. group of decision makes from the largest American corporations. The Agency also plans to personalize its marketing efforts by offering unique tours to interested companies, investors and developers. In coordination with the Chamber, these tours would highlight our mast attractive areas and new development, and include a multi -media presentation. rat invitations , job intensivemanufacture s,benterttainment providers, sales tax generators, j inviting several people desired commercial f,: +s, and top developers. BY Ea we Ian to from the same firm, and creating a unique and appealing Y. P encourage much participation. The marketing program's promotional materials will also be updated this year, further illustrating our successes and the implementation of contemporary concepts. The agency's marketing video will be extended to include the best of row development and relatzd life -style shots. A more aesthetic exhibit booth will be create and outfitted, tondocungao d with the city's exceptional image. T'ne p package coordinating literature also will be expanded. -a4- 0 r' , P RANCHO CUCAMONGA REDEVELOPMENT AGENCY FINANCIAL STATEMENTS JUNE 70, 1988 as Lauren M. Wasserman Jack Lam Jim Hart James Markman m ili69 Executive Director/ Secretary Deputy Executive Director Treasurer Legal counsel C RANCHO CUCAM('NGA PEDEVELOPMENT AGENCY ESSTABLISHED HAY 20. 1901 GOVF NIR NG 89LU J;) 4 Tarn Exnires ,t Dennis L. Stout chairman 1988 �5e Charles J. Dug0et ZI 1990 ,1; Jeffrey King 1980 Pamela J Wright 1988 Deborah N. Drown 1990 Lauren M. Wasserman Jack Lam Jim Hart James Markman m ili69 Executive Director/ Secretary Deputy Executive Director Treasurer Legal counsel C E RANCR9 CUCAMONGA REDEVELOPMENT AGENCY Sballm AUDITOR'S REPORT 1 Financial Audit 2 Compliance Audit FINANCIAL STATEMENTS Exhibit A - Combined Balance Sheet - All Govern- Account Groups , mnntal Fund Types and Exhibit B - Combined Statement of Revenues, in Fund Expenditures and Changss Governmental Fund Balances - All 4 Types Exhibit C - Combined Statement of Revenues, in Fund Expenditures and Changes - All Governmental Fund Balances Types - Budget and Actual (Budgetary 5 Basis) NOTES To FINANCIAL STATEMENTS SUPPLEMENTARY INFORMATION Schedule 1 - Combining Balance Sheet - All Debt 26 Service Schedule 2 - Combining Statement of Revenues, in Fund Expenditures and Changes - All Deb' Service Funds 27 Balances Schedule I - All - CgProjects 28 Capital Funds Schedule 4 - Combining Statement of Revenues, in Fund Expenditures and Changes Balances - All Capital Projects 29 Funds Schedule 5 - Statement of Trustee's Cash Receipts, 70 Disbursements and Transfers LaiiCS 72003 [i.OMOLl Aae 10tl o0G� 6ulte 280 fn0 �' [tl0' a �lii} 18id W(213), CA 00002 a cw P \ (2137 870E727 CERTIFIED PUBUC ACCOUNTANTS Governing Board Rancho Cucamonga Redevelopment Agency r, Rancho Cucamonga, California INDEPENDENT AUDITOR'S REPORT �., We have audited the component unit financial statement ` of the Rancho Cucamonga Redevelopment Agency as of and for the year ended June 30, 1988 as listed in the accompanying table of contents. These component unit financial statements are the responsibility of the Agency's management. Our responsibility is to express an opinion on these component unit financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing atandards. Those standards require that we plan and perform the audit to obtain reasonable assurance about material misstatement. An audit includes ornmining, on a test basis, evidence supporting the amounts and disclosures in the component unit financial statements. An audit also includes assessing the accounting principles used and significant financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the component unit financial statements referred to above present fairly, in all material respects, the financial position of the Rancho Cucamonga Redevelopment Agency at June 30, 1988, and th[, results of its operations for the year than ended in conformity with generally accepted acconnting principles and the accounting systems prescribed by the State Controll3r's office and State regulations governing special districts our audit was made for the purpose of forming an opinion on the component unit financial statements taken as a whole. The supplemental schedules listed in the accompanying table of contento are presented for purposes of additional analysis and are not a required part of the component unit financial statements of the Rancho Cucamonga Redevelopment Agency Such information has been subjected to the auditing procce as applied in the audit of the component uri: financial stately .1::. and, in our opinion, is fairly presented in all materia[ respects in relation to the component unit financial statements taken as a whole. October 14, 1988 a vaa), qy , o7°r V[uICP Cy1,pwN /O[,f ry p C[I,II,YO NnC,IJYFWI,.MI[ /y'lµ. tl6T141[ d C[ANrtO N>C,6'NIIICMI[ MLaw ce 720 08.OIeaNeal Ae. mcnsac sea s nesBnW ghafd \YN111e,, C1.90002 fthad r( al (213) 0998727 a,n+o 4 Panty �• CERNPIEO PUBLIC A=UNTANTS a. Y Governing Board ` Rancho Cucamonga Redevelopment Agency Rancho Cucamonga, California K INDEPENDENT AUDITOR'S COMPLIANCE AUDIT We have audited the component unit financial statement of the Rancho Cucamonga Redevelopment Agency as of and for the >� year ended Juno 30, 1988 an listed in the accompanying table of contents. These component unit financial statements are the responsibility of the Agency's management. Our responsibility is to express an opinion on these component unit financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about 4hether the component. unit financial stetemento are free of material misstatement. An aaldit includes examining, on a test basis, evidence supporting the amounts and uisclosurns in the component unit financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. tie oelieve that our audit provides a reasonable basis for our opinion. As part of our review we have completed a compliance examination as required under section 33080.1 of the Health and Safety Code of the State of California our compliance examina�lon was made in accordance with the State of California, State Controller Division of Local Government Fiscal Affairs Guidelines for Compliance Audits of Call.fornia Redevelopment Agencies and included such other tests and procedures as we considered necessary in the circumstances. In our opinion, the Rancho Cucamonga Redevelopment Agency has complied with laws, regulations and administrative requirements, as contained in the Guidelines for Compliance Audits of California Redevelopmont Agencies, of the State of California, governing its activities for the fiscal year ending June 30, 1988 October 14, 1988 uaueu c Wro,au swan d c.mnao nrauc.apmru,n .�any+i mmima.v wa�seo ruxe.awwaurta ■ � !'. -' -- 2� 2o .�g - a; . 2 1�....,._ k |/5 of leek IlG =G +� &g- ! !!q6 G 6! Iq ; ! \) � �_ . !! &■ § ! ! , / § k \ » e y - [. \A§§ /a§ [#» A Z 1. I| 77777 ;e 0 0 .- § J�z „ . p I =�lS�I�� �I#! RRe « =ig }66sa � (�f■ !, . !_ ;!, |, )2§§ | -mom ,� ,■ � � ! |: 9. , [� £•. & / |- ■���\ � � ! G5 ®.- Qa�GJ4,2AEl,�� ;2g2K�`aG#5RlR� 55 h |�, q , ■e = § � /� \I A k| � 9 E ■e;2 E qp) IKE 0 , � \ \ \a b� \ % §& \ \ � �/ � . � - (���� \ tal % £» q , ■e = § � /� \I A k| � 9 E ■e;2 E qp) IKE 0 , � \ \ \a b� \ % §& q , ■e = § � /� \I A k| � 9 E ■e;2 E qp) IKE 0 , � \ \ \a b� \ ■. ;| - ■si. 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E ! k- ! �E} [< {.�■ ; ��� P § V , ! ° � k ■; � , [§# § /\ [�£6 - - ( \ \� � ( { ) ( ( 57 $d & E - y0 C. v uc[.ws.l +. ✓. a r.yecy O Cw.10 I[) r.y)w. JO OCiY.C• Lance, Soll 6 Lunghard Certified Public Accountants 7200 South Greenleaf Avenue Suite 280 Whittier, California 90602 Gentlemen: CON; MENE'Ar. mrec. oyc ew.: "cyu. c .cw • o ea. to se a +[.. uu.cwyu aaeaa -roe. Inq pea -a eat 1ClV..CyC In)1 e)1 )en July 14, 1988 Re: Pending litigation involving City of Rancho Cucamonga At the request of Lauren Wasserman, City Manager of the City of Rancho Cucamonga, we are nereby supplying to you information regarding pending litigation in which the city of Rancho Cucamonga and the Redavelopmant Agency are involved. Lawsuits filed against the City are currently being handled by several law firms. We have contacted thou& firms and have compiled a list Of cases currently pending. please note that in those cases where no specific law fi"A is listed as representing the City, this firm is providing representation. Listed below is a summary of information related to each specific matter in litigation: 1. 22=" 3,S.tlaatiem a• Alcorn Pence SC. y. Shoots r f putt■ A=. &t Al., San Bernardino County Superior Court Ho. RCV 044248. i improvements installed stop yShootercLiButtslatnReduHill and Heritage Park. Plaintiff has sued to recover approximately $11,500.00 and the City is in a "stake holder" position, &slid stop notices were received, monies withhold and there ought to be no exposure to the City, except for attorr.&ys' fees. We note that the surety for Shooter i Butts has been working to clear all of the stop notices and resulting actions in a diligent fashion. Accordingly, the City's exposure is nominal. b. Carilio, It Al V. City Q.L Ranch p Cucamonga, 4t Al , San Bernardino County Superior Court No. OCV 42002 W Lance, Sell a Lunghard July 14, 1988 Page Two This is a petition for writ of mandate and declaratory and injunctive relief directed toward the City and Redevelopment Agency wherein Plaintiffs are seeking a peremptory writ of mandate ordering the City not to expend monies from the Agencl's Low and Yoderate income Housing Fund pursuant to a previously executed Reimbursement Agreement or for any public improvement which is not specifically related to the development or rehabilitation of low or moderate income housing. The City, City Council and Rancho Cucamonga Redevelopmant Agency, all Defendants in this matter, have answered. The matter has remained dormant for the past year. Nevertheless, inasnuch as this lawsuit is seeking essentially equitable relief and not zones, damages, there appears to be little likelihooet of substantial exposure to the City other than a prayer for attorney's fees made by the Western center on Law and Poverty, attorneys for Plaintiffs. C. C60trAl =IQ" DIMt,-U= Y. AU Person, 5.19., xt al., San Bernardino County Superior Court No. OCV 43194; %il9amenga ;tom District Y. All Persons., 519., " Al., San Bernardino County Superior Court No. 42329; Etitr n a School 2J"tict Y, d,ll Persona, rl A), , San Bernardino County Superior Court No. 43193; Prad , At Al. Y. AU Pe-sons, I"., SL Al., San Bernardino Superior Court No. 4;1836. The four cases named above have been consolidated, for all purposes, and consist of an attack on the validity of tae adoption of an amendment to the redevelopment plan adopted and approved by the City council and Redevelopment Agency. The school districts have filed a multifaceted attack including environmental and procedural issues reyarding the plan amendment. The primary thrust, however, of the suits filed by the school districts is to extract greater sums of tax increment monies available as a result of the plan amendment. The Prad9 plaintiffs, while joining in the environmental and procedural issues, primarily desire the allocation of e20i set- aside" monies for spacifie low and solarate income residential construction projects. The actions essentially suel: to overturn the plan amendment and, accordingly, the exposure for the City and Redevelopment Agency is primarily for attorneys' foes. The matter is at -isaus and a trial is scheduled for September of this year. Due to the voluminous record, however, it is unlikely that a decision will be rendered by the Court before the and of the calendar year. r Lance, Soll 6 Lunghard July 14, 1908 Page Three d. FdXUAI Theatres Circuits' Inc. y 41 Rancho Cucamonga. .0t Al., San Bernardino County Superior Court No. OCV 39736. The plaintiff filed this action seeking preliminary and permanent injunctions against enforcemont by the City of • the provisions of its Admissions Tax Ordinance. Trial was gold with respect to the issuance of a permanent in ?unction and a declaration that the said ordinance is unconstitutional, after the court restraining order. filed an appeal. Should a court find, ultimately, that the ordinance is unconstitutional, Plaintiff. could That taxu e is estimated to be approximately $200,000.00 per year. e• ��1Sa�Btrir qu=ly, rti al. COUrt= 2= k Butts, A=., It al., OCV 42237. This is a stop notice action arising out of the improvements installed by Shooter S Butts at Red Hill and Heritage Park. Plaintiff has sued to recover approximately $63,400.00 and the City is in a "stake holder" position. Valid stop notices ware received, monies withheld and there ought to be no exposure to the City, except for attornays' fees. He note that e surety clear all ofthesto f Shooter 6 o pnoticesandresulting actionsin � to a diligent fashion. Accordingly, the City's exposures is nominal f. MiU,I, QLUinat, I=., Y• City PS Rancho Cucamonca, 2=,, It ll•, San Bernardino superior Court tio. OCV 42700. This is a stop notice action arising out of the improvements installed by Shooter 6 Butts at Red Hill and Heritage Park. Plaintiff has sued to recover approximately $23,700 00 and the City is in a "stake holder" position. Valid stop notices were received, monies withhold and there ought to be no exposure to the City, except for attorneys' fees. we cltale for an6lt' , a to has earl of the stop notices and resulting no diligent fashion. %ccordingly, the City's expoaure is nominal. q. X98 Ellatrj2, ltff•. X. City gI Hlnth4 Cucamonga, I ^ � y,l San Bernardino Superior Court No, OCV 42535. This is a stop notice action arising-out of the improvements installed by Shooter t Butts at Rod Hill and Heritage Park. Plaintiff has sued to recover approximately l:OM Lance, Sall L Lunghard July 14, 1988 Page Four $304,400.00 and the CJty is in a "stake holder" positio Valid stop notices were received, monies withheld and there ought to be no exposure to the City, except for attorneys' fees. we note that the surety for Shooter i Butts has been working to clear all of the stop notices and resulting actions in a diligent fashion. Please note that NBR has included a claim of approximately $135,000 0o for "extras" based upon denial of a substitution package for ball field lights. we have tendered defense of that portion of the action to the City's design consultant and believe that tender will be accepted. According::, the City's exposure in this case appoars nominal. h. Lincoln Pronerties Y. City gJ gang Cucamonga. =AMMU 2j9bRP,l District. at al,,, San Bernardino Superior Court No. OCV 36186. This case stria from the collection of school fees as part of an approval process for Plaintiff's apartment project. The City of Rancho Cucamonga was apparently named as a Defendrnt, although not mentioned in the underlying complaint, based upon its adoption of a resolution authorising the collection of such fees and the issuance of a subsequent building permit based upor correspondence from the Defendant School District indicating that Plaintiff had paid its fees. Subsequently, co- Defendant Cucamonga School District filed an action for the issuance of a writ of mandate directing the City to suspend the building permits pending resolution of the issuance of the payment of fees, which writ was denied. The matter is proceeding, however, there appears to he little or no exposure to liability to the City of Rancho Cucamonga in this matter. i HU ",ez Concrete,, Inc. yy City g= gpnchc Syaamonga, San Bernardino County Superior court No. OCV 46166. This is a stop no.ics action and In a companion case to yal yp=p It SROB- ing. Y. city at Ranohp rya, reportad hereinafter. As in the City's other stop -notice action, the City's position in withholding agreed upon payments t the Contractor Is that of a "stake holders. In this pcsition, and pursuant to laws governing atop notices, the City is required to maintain withheld paymants pending resolution of the underlying contractual dispute between the supplier of goods or services and the party receiving such goods and /or services. Accordingly, this City's only apparent liability is the cost of litigating the natter, inasmuch as the City has properly withheld payment in accordance with stop notice regulations. (0( Lance, Soll F Lunghard July 14, 1988 Page Five Accordingly, there appears to be little or no exposure to liability for the City. j - fits Ri Rancho rUgAWn=, 954., Lt ai. y. Morrow, San e.^rnardinc Superior Court No. RCv 04'..78. This matter is an enforeeewnt action filed by this office to cause compliance with the City, s lucal equestrian trails easement policies. The Morrove, despite notice of the subject easement on their property, Constructed a fence closing the easement to other persons legally authorized to line the same. The matter was recently filed and is, in essence, a request for an injunction directing the Property owners to discontinuo their actions. Exposure :7o the City ought not exist, except for attorneys, fees and court costa. k. UAILUA 4LR =1M=O.1: = y. SiiC4tat i Aatta. lnc. =Y Rf Bancha Cucamonoa It Al,l San 6ernardino county Superior Court No. ON 41057. This is another stop notice action. As before, the City is a stake holder in this action, with respect to contract payments withhold. The appropriate amount of funds have bean maintained pursuant to the stop notice filed in this matter and, accordingly, there appears to be little or no further exposure to liability on the part of the city. 1• 41Li 8(16k R=ducte, At2, Y. HAA.Ghal �4u At Ai... San Bernardino County Municipal Court No. 59479. is A improvemontsiinstalledobynS hooter& buttsiatnReduHill and Heritage Park. Plaintiff has sued to recover approximately 5 stop notices dwere received, Monies aWithheld rand the enoughtlto be no exposure to the City, except for attorneys, fu4c we note that thi surety for Shooter i Butts has been working to clear all of the stop notices and resulting actions in a diligent fashion. Accordingly, the City's exposure is nominal a Pat Gran yy rites at AAN*Q III, man Bernardino County Municipal Court No. 55000. This is a companion case to the W Foth y,. 2itY R► Ranch p CtleameWA matter reported below. Inasmuch as the City is a more stake holder in this matter, and appropriate sums have been withheld pursuant to the filed atop - notice, there appears to be little or no further exposure to liability on the part of the City. Z_ Lance, Sall & Lunghatd July 14, 1988 Pagk Six i n• rite 91 Bs119119 CRCamanU y. Portillo, San Bernardino County Superior Court No. RCV 045578. This matter is ano�her cote enforcement action filed by this office. The defendants built a room addition, without Permits, which encroaches 7.5 feat into the required 15 foot setback area. Accordingly, we are requesting an injunction from the court to obtain complianc9 with al building and zoning +, codes. There would appear t0 be no exponure to the City, excepting fees and Court costs. o. S1Ly s! Fanchn Cuc& &QBrA Y. Ths Board 01 r, S1+r)*rvlsors 21 she 92U= 21 W asm4=1na, Fourth Str. et Ho^k CruNhsr Comoanv, rSC., Mt Al., San Bernardino County Supnriar Court NO. OCV 39486. The City filed this action for writ of mandate seeking to compal the County of San Bernardino to withdraw its surface mining permit and environmental impact report issued with respect to a OXOposed surface gravel nine operation within the City. Ultimately, the City's petition for writ was denied, altdmugh numercun procedural errors by the County of San Bernardino with re• -pact to its approval process have been identified. Accordingly, the City has appenlled the decision of the superior court. Zn any avant„ the primary exposure to the City of Rancho Cucamonga appears to be for its costs of litigation in this matter. P. S.ltY 21 iAW= CuCamonaa,�r., AL Al- Y. County 21 9JM Bernardino, gtc., " Al, Sacramento County Superior court No 358193. This action, a proceeding in mandate and for an accounting, has been tiled on behalt of numerous communitites in San Bernardino County. The matter alleges failure on the part of the County to properly disburse funds received from fines and forfeitures (criminal and traffic) to t?, cities. The action was rewntl} filed by Neyers, Nave, Rioack & Nest, 835 East 14th Street, San Leandro, California 94577. Elizabeth H Silver, Esq. in load counsel ar.d would have further particulars. S`5e any be reached at (415) 577 -3333. 'the City's only exposure would ap(.ear to be We p"o -rata share of attorneys' fees and court costs. q• City 21 EAa= Qlcuenos, Xtg., Y. Vi.lart 1 , sSC•. It Al., San Bernardino Superior Court NO. HCV 045445. This action is an eminent domain proceeding whereby the City seeks to acquire an easement for storm drain purposes an property on Hain Street near Turner Avenue. The value or (O3 Lance, Sell i Lunghard July 14, 1980 Pago Seven the take is nominal (leas than $1,000.00) and a deposit has been made into the court. The City ha■ obtained a right of immediate poosession and the construction of public facilities is proceeding. Novever, due to the death of an owner of a fee interest and the lack of a completed probate proceeding, this matter will continue for name time. There is no real dispute regardinc value; rather, the issue is the distribution of nst proceeds. Accordingly, the City's exposure in this matter is nominal. r. Rancho .:i!G980=j y Warn* Coneultina Services, San Bernardino County Superior court Ro. OCV 32988. The City filed this action in order to obtain a Permanent injunction, thereby restraining the 'Cowgirl Restaurant ", essentially a topless bar, from utilizirq topless waitresses in violation of the City Code. A permanent injunction was ordered and the cowgirl Rastaurant, through its oarent corporation, is appealing the setter. The city is represented by Robert E. Doughertv of Covington i Crowe. Mr. Dougherty may be contacted at 1131 W. sixth Street, Suits 300, Ontario, California (714) 983 -9393 for further information. a• T.A. alvard y. city Qj $Anc,yQ Cucasnnoa, San Bernardino County Superior Court No. OCV 39646. This Casa stases from a disagreement concerning interpretation of a request for proposal fnr sever and street construction, including removal of asphalt therefrom. Plaintiff is contending that the scope of work to be performed is not as broad an contemplated by the City with respect to the costs of removal of certain types of asphalt. After performing the work, Plaintiff now contends that it is owed an additional sum of approximately $145,000.00. Our analysis of the bid and contract documents indicate that the City's requirements are unambigc ous and, therefore appear to be of no assistance in Plaintiff's claim for further payment t• 22ccola X. Rancho Sd1Caa =&, San Bernardinn County Superior Court No. OCV 40746. Plaintiff filed this action after providing goods and services to a co- Defendant contractor on a public works Project, with no payment having been made. The action was instituted to enforce Plaintiff's stop notice and to obtain the benefit of said co- Defendant's bond. As of this date, the W Lance, Soll 6 Lungt.ard July 14, 19f8 Page. Light surety providing the bond has become insolvent. Additionally, the City has cross - complained against the prime contractor for breach of contract. At this time, our file indicates little or no activity occurring it this natter since a default was entered with respect to the surety. Accordingly, it appears that the Plaintiff will b6 compelled to reek recovary as a simple creditor of thu co- Defendant surety. U- Ma 70th Y- = 9f EAIWb2 QIC 22MR, State 2f ral ifornia, !S Al., San Bernardino Count), Supario•f Court No. OCV 40925. This is a atop notice action filsd after Plaintiff allegedly furnished a water truck and operator at a construction site on a public works project, as requird by the city's Lnginewring Departmant. The Plaintiff Su claiming the sus of $60,900.00 as additional cosponssition. 'rho r,1ty .la■ only recently answered the coaplaint arvi information in our files indicates that funds have been vithheld to satisfy the claims asserted by others. Additionally, Plaintiff purports L3 assert that the City is v ongf'lly withholding monies due to it t however, as noted above, stop notice actions bave been filed which mandate the City's retention of the funds in dispute. Plaintiff's assertions regarding "axtrae compensation appears to be ill- founded and it is the City's present intention to defend the matter to finality. 2. ■elf- (aeu=pyQS Maum a• Az—t •one Y- S'•1LY 9f EA=b2 Cucamonga, San Bernardino County Court No. OCV 41594. The plaintiff in this case is alleging that the City of Rancho Cucamonga, and other public entity defendants, allowed a dangerous condition of public property to exist on an arec of sidewalk upon which Plaintiff stopped and was injured. Plaintiff has dlsaidaed the City from the action. Lfeawrar, the City of Ontario has cross- rosplained on a theory that Rancho Cucamonga permorrwl say have been invo)ved, in soap Banner, in the maintenance of the location. Discovery is proceeding and the action does not appear to create a serious exposure for the City. Lance, Sell 6 Lunghard July 14, 1988 Page Nine b. Harto y. City 29 gaO ho Cucanonaa, San Bernardino Superior Court No. OCV 78112. This case is an auto vmrsus auto collision. The Plaintiff was traveling southbound on Etlwanda Avenue and pulled into the path of a westbound auto on Highland. Plaintiff claims that a dangerous condition existed because the stop sign was 25 foot behind the limit lino, preventing a motorist at the stop sign from seeing oncoming traffic. The extent of Plaintiff's injuries are unknown at this time. The liability of the City is questionable because two witnesses claim that the Plaintiff did not stop at all. The lawsuit was nerved upon the City of Rancho Cucamonga on July 21, 1986 and has bean assigned to the law firm of Bruggeman, Salt-h G eckham for defense which may have further information availak, if necessary That firm may be contacted at $24 N. Noun'a n 'iiew Avenue, San Bernardino, California (714) 884 -6254. c. Bataan, PS , &J. M. city 2= Ranch 2 Cuca+_onaa, San Bernardino County Superior Court Yo. OCV 42202. This action arises out of the death of one Wendell Bateman occurring as a result cf a solo traffic accident on November 8, 1986 on Redhill country Club Drive. Bateman was in the bed of a 1977 Chevrolet pickup truck. The driver, apparently intoxicated, lost control of the truck which struck the curb, rolled over and apparently crushed the decadent. The driver was speeding and, it would appear, the sole cause of the accident. Plaintiffs assert various tneorioa of liability primarily based upon a purportedly dangerous condition of the roadway. We believe the matter represents a limited exposure to the City since the road does htt appear to be in a dangerous condition, and, moreover, the decadent was a 17 -year -old not providing any level of financial support to the family. The case appears to be within the City's self- insured program which appears adequate. d. Bateman, at Al. y. City 2f Rancho Cucamona4, SSG , sL Al, San Bernardino county Superior Court No. RCV 45432 This action is a companion matter to the jtomaa case described above. Plaintiffs have recently filed a complaint alleging "spoliation of evidence" as a result of the loss of photographs of the accident steno by Sheriff's Department personnel The matter has been tendered to the County under the agreement for indemnity and defense contained in the contract for police services betvaen the City and County. We anticipate acceptance of our tender, without reservation of i . Lance, Sall L Lunghard July 14, 1988 Page Tan rights. Moreover, "spoliation of 4vidence" is a judicially created tort and ought not be available against the City. Accordingly, the matter appears to represent no exposure to liability or dosages. a. Brady Y• SitY isf Poncho Ln_enmonca. At U., San Bernardino superior Court No. O:V 11147. This case 'nvolves a wrongful death claim which occurred when the Plaintiff's wife drowned when the Plaintiff attempted to cross floodwaters on Holman Avenue in his vehicle. Decedent and Plaintiff both axitsd the vehicle which was cov0rod with water. Defense of this matter is being handled by the law offices of lteclachlan, Burford d Arias. The matter has recently been settled by the City's insurance carrier for $10,000.00 cash, plus structured settlements totalling approximately 550,000 -00, over time, tO the minor children of the decedent. The settlement has been tparoved by the court but cloning documents have not been recolvod. Further thatnfiirm atl5 regarding oW. rifthsStreetm, a Suite 103, Son Bernardino, California (715) 885 -4491. f. Cole M. Cit,� 21 galicho Z;ca oa naa, San Bernardino County Superior Court No. OCy 41419. This matter wall filed by the wife and family of a passenger killed in an automobile accident within tht City. The Plaintiffs 4110ga that the cause of the accident was a dangerous intersection maintained by the City. The Plaintiffs were late in filing their claim, but were subsequently relieved of the claims requirements through court action. X4nneth Xresble of MacLChlan, Burford and Arias is handling the matter. The case is moving into discovery and a summary judgment motion is expected shortly. Further information should be obtained from the above -named firs at (714) 885-4491. San Bernardino County Superior Court No. RCV 044717. This action arises out of a solo vehicle accident occurring on July lb, 1987 on Big Tree Road. Plaintiff was seriously injured and has filed suit against the City and counts, of San Bernardino alleging a dangerous condition of Big Tree load. we have forwarded to Plaintiff's counsel documentation shoving that the road in question is owned, operated and maintained by the Federai Forest Service although Lance, Sell i Lunghard July 14, 1988 Page Eleven it Is physically within the City (at least whore the accident occurred). The City was served in April, 1988 and we presently have an open extension of time in which to plead. we believe that the City will be dismissed from the notion in the near future If not, a notion to dismiss for lack of jurisdiction or similar notion viVL be filed. The matter appears to prevent little, if any, exposure. h. DAMS Y. City 2C Rancho QBSSRDSa, it al•, San Bernardino county Municipal Court No. 50840. This case aria -as out of a solo vehicle arcid-ant allegedly caused by a dangerous conditiLan of the City's property. At this time, our roports iniicate that co- defendant Cucamonga county water District may have been remginsible for caueinq the alleged defect in the road and, accordingly, a cross- cooplaint has Men filed agminst that public entity. Cur files further ixn5icats that Plaintiff is suing only for damage to her vehicle in the sun of appro:ximatel s $4,500.00 and, accordingly, the City's self- insure retention, should liability be found, appears adequate at thin time. i. Parr Y. Stokes, It A1.., San Bernardino County Superior Court No. OCV 35261. This came involves a claim for wrongful death. The decedent was hit by an automobile while she was walking across Foothill boulevard at the intersection of Foothill and Turner. Plaintiff alleges that there ware no t_affic signals, poor ovarhead lighting and no cross - walks. The other parties to the lawsuit are Richard Hilton, the owner of the cars Robert Stokes, the driver of the car and Southern California Edison. The investigation as of this date has disclosed that the road is owned by the State of California and the lighting is controlled by Southern California Edison. Liability on the Part of the City is extremely questionable. Defense of this matter is being handled by the law offices of MacLachlan, Burford 6 Arias. Further information can be obtained by contacting that firm. I Plillsr, At Al. Y. Hiller. Litt 4L BJDChe Cucanonaa, fig., It Ll., San Bernardino County Superior Court No. RCV 043858. This action arises out of a vehicular collision which occurred on March 25, 1987 at the intersection of Hallman Avenue and Eighth Street in the City of Rancho .�ucasonga. It appears that Defendant Miller failed to stop for a stop signal Lance, Sall i Lunghard July 14, 1988 Page Twelve and injured the Plaintiffs. The utter vas only recently served and the Complaint only sakes bold, unsubstantiated allegations of a purported dangerous condition. No thorougngoing analysis has yet been conducted and we have advised Plaintiffs of the defective nature of the Complaint. The City has been granted an open exteAzion of time, pending filing and service of an amended complaint. At this time, the matter does not appear to give rise to uubstantial exposure and appears wall within the City's insurance rctentior. X- HOuah Y. =Y 121 RADQ219 CuramOnam, OL F1.... San Bernardino County Superior Court No. OCV $1877. This case arit_es out of a solo autosouile accident occurring at a construction site. The investigation done to date indicates that the construction company was hired by the school district and that the company had agreed to provide traffic control signr. However, in granting the psrsits to the construction company and permission to encroach upon the City's right -of -way, the City had reserved the right to supply signs if the construction company did not. Apparently the signs wore not in the proper location after the accident. It appear* as though liability will be shared between the City and the construction company if the cause of the accident is found to be attributable to the failure to have proper signs. However, since discovery hau establimhed that Plaintiff had teen drinking, any award would naturally be offset by eontributoly Bata or oeissions by Plaintiff. Defense is being haril*d by the law officon of MacLachlan, Duri'ord i Arias and trial is scheduled for October, 1985. Further infn%wation can be obtained by contacting that firm. 1. Ellin Y. City 21 aw=g SSiC WMA, PSG. , I& Al. , San Bernardino Superior Court No. OCV 42675. Thin action arises out of a "trip and tall" accident occurring on February 18, 1947. It appears that Plaintiff, a senior citizen, tripped over a solidified casant "dropping" lying in Malvern Avenue noar a city recreation canter. Plaintiff allegedly sustained severe injuries including c wrist fracture and neck fracture. The matter has only reached the discovery stage and additional information is being gathered and Boma exposure may be present. We must point out, however, that the cement "dropping" appears to have been a rather oUvious condition and, accordingly, we believe that a substantial amount of culpability rests with Plaintiff. The matter appears to be within the city's self - insured retention M Lance, Sell L Lunghard July 14, 1988 Page Thirteen M. lAYa4H Y• S.SLS. 91 RBnshq LStcamonce, San Bernardino county Superior Court No. ACV 40215. fence rhilolonn her lbiel action cle, whichhad been rinstalled byico -a Def.ndant ;hooter L Butta. Inasmuch as Lhe city is an additional Insured under tt.s required general liability policy maintained by Shooter C. Bul:ta, we have tendered the defense of this matter to their selecitad counsel. In the masntime, you may obtain further information from counsel for the City, Irwin Goldenberg at Shields, Garrison i Hisity, 414X HacArthnr Boulevard, Suite 220, Newport Bush, California 9266.), (714) 476 -7894. n. ti, martinet y.• V= ag gan,hQ cuu ■o aa, yam„ nl•, San Bernardino Superior Court No. OCV 42021. Thu traffic Accident a t recover damages de ntwhichoccurredOnSepte aber16 based upon , 19 4att the intersection of Haven Avelue and Gth Street. It appears that Plaintiff was stopped in the left turn pocket turning south from 6th Street to Haven Avenue. Apparently, another motorist in the left turn pocket for Haven to 6th (eeetbound) "waved" Hartines through the interseetion. For some inexplicable reason, Plaintiff did not turn left but, ratner, proceeded through the intersection Lnd was struck by Defandant Davis, vehicle. Plaintiff alleves a "dsaign defect" and the complaint is otherwise of little assistance in ascertaining the factual basis for liability Exposure appears neainalr however, Plaintiff suffered severe injuries. Accordingly, the matter must be considered serious. o. HcPhersen Y. QiU 2f IlAnc 14 ZWARRMA, San Bernardino County Sunerior Court No. OCV 15095. damages This case for was served of Rancho Cucamonga on March 10,1986, In the lawsu!t, the ity namQ0 co- rufendant■ are the State of California, County of San Bernardino, Chaffsy Drd on High School District, and Sursatto Hurbert. According to the complaint, the accident occurred on SsPhirs street Naar Vitmar Drive. Plaintiff was traveling north on Saphlre and claims that Defendants Hurbert and the School District negligently maintained an auto so as to cause her injuries, and that a dangerous condition existed at that intersection causing her injuries. we are informed the,: the matter has been settlud by the School District and we are awaiting dicmissal documents. /0 r� Lance, Sell i Lunghard J July 14, 1988 Page Fourteen p• Magic E Y. S..SSY pf Ranch n Oicavonoa, g1S., yl Al., San Bernardino Superior Court No. ocv 33010. This matter is a cross - complaint ariaing out of a matter entitled Imftwich y. KfAifk, S1 Al, The litigation is promised upon the death of ono Leslie Ray Leftwich which occurred on April 18, 1983. The decedent and Masick are apparently involved in a traffic accident on Foothill Boulevard near Baker. Foothill Boulevard is a State highway (State Poute 6d) and the City has no interest in the design or maintenance of the street. The attorneys ror Masick have bean edvised that the underlying claim was urtiesely, no request for relief from the claims statutes was rade nor relief granted and that City is not a proper party. Thu City has been granted an open extension of time in which to plead and, moreover, It mould appear that a dismissal will be forthcoming in the near future. Accordingly, the matter appears to present no exposure for this City. g. Ma= Y. ^f ty 41 Rancho .LYtIDIIg.0.41, Ben Bernardino County Superior Court No. O.^V 41766. This is a "trip and fall" case which was filed after Plaintiff tripped on a public sidewalk within the City of Rancho Cucamonga in an area where the sidewalk has keen raised. At this time, there is a question of fact concerning specifically where the Plaintiff actually Qtepped palor to falling and, there is an additional moue presented with respect to the cause of the raising of the sidewalk. Specifically, the adjoining landowner's tree roots appear to at ieast be a partial caus.a of the condition. Medical specials are approximately $5,OOo.0ot however, there do not appear to be permanent injuries in thin matter. Accordingly, the City's Rolf - insured retention !n effect at the time of this accident should be ado- junta. r. PisciottA Y City 2f Ranch 9 &llaanQnan 912 AS Ai San Bernardino Superior Court No. OCV 42155. Plaintiff in this action was jcgginq at: night along Foothill Boulevard, near Turner Avenw, when he fall int) ■ 6 foot deep concrete drainage structure. The location, allegedly, was inadequately lit and had no barricades or markers. However, all of our records reflect the area to be owned and maintained by the State of California (Foothi 1 Boulevard is State Route 66). we have meads contract wit., Plaintiff's counsel and advised him of defects in the Complaint and the status of ownership and control of the relevant right - l i Lince, Soil i Lunghard July 14, 1988 Page Fiftaon of -way. We have been granted an open extension of time in which to plead. The case appears to be of little, If any, exposure to the city. a. Powell v_. 911Y gf B:1BSh2 crea qm, 9 •, 4L Al., San Bernardino Puperior court No. VCV 011406. This matter arises out of the allegedly false arrest of Plaintiff by Sheriff's Deputies on August 21, 1987. Defense of the action has been tendered to, and accepted without reservation of rights, by the County of San Bernardino. Raymond Gail, Esq., of Gail i Varden, 909 North nD" Street, Suite 9, San Bernardino, California 92410 has been assigned the case. The litigation ought not create any liability for the City since the activities complained of were conducted by the Sheriff's Department. mr. Gail atf be able to provide further information and uny a contacted at (714) 884 -5371. t• ZAa9112 AaGdOws Y• City 2f Rancho Cucamongn, San Bernardino County Superior court No. OCV 41320. This is a claim stemming from alleged flooding of Plaintiff's property purportedly caused by the City's, and other co- Defendants', runoff waters. The Plaintiff has alleged general negligence against thu City and, based upon this defective pleading, the City has obtained an open extension to respond, pending service of an amended complaint which is still forthcoming. Inasmuch as diucovery has not yet been commenced, there is little information in our files to indicate the extent of any damages. Nevertheless, at the time Plaintiff's damages &:trued, the City was maintaining a self - insured retention which appeara to be more than adequate to cover any lia:j111ty in this matter. U. Rivers, 21 Al- Y. City 2f Ranch1: Cucamonga, A=., SS Al , San Bernardino Superior Court No. OCV 43102. The $1Yfir1 action arises out of a traffic accident which czcurrsd on Arrow Route, wet of Sierra Marire on August 151 1986- Plaintiffs have MO'S <3e c09i,laint for damages as e result of the death of a mint i 1, Joseph Sandoval, who was fatally injured by an autosobi .'.r 6.!ven by a Mr. Doyle. The complaint was served in January, 1988. Upon raview, we noted substantial defects and advised Plaintiffs' counsel of those defect= (including "general negligence" allegations and a purported cause of action for emotional distress). In the z Lance, Soil s Lunghard July 14, 1988 Page Sixteen event, the City has not yet b.en required to plead and we anticipate the filing of an amonded complaint. The matter does not appear to generate any sutstantial exposure. v, i1• boy X. )(ouch, !Lt Al., San Bernardino County Superior Court No. OCV 31805. This is a companion case to Hough y S1 21 Rancho Cucamonga, re -lorted above. Plaintiff was a passenger in the Hough vehicle end, tnrcugh this action, she alleges that in addition to the negligenro of cc- Defendant Hough and a contractor doing constru.:tion near the roadway, the City caused a dangerous condition of its property to exist, thereby contributing to Plaintief's injuries. our files indicate that the construction area in question had been properly barricaded prior to the accident. Accordingly, liability appears questionable. Further information may ho obtained from MacLachlan, Burford i Aries. w. 2SanBa1 1112haS X• LL1Sia sia ,4ChS91 Qjytrict, nS sly, San Bernardino County Superior Court No. OCV 36153. This matter involves personal injuries that occurred in an auto versus ay.to collision. Plaintiff claims that the Etiwanda School District, and the "City of Etiwanda" are additional defendan':s. Therw are no allegations in the complaint all&gl.ng nogligance against either the City of Rancho Cucamonga or the Etiwanda School District. This lawsuit was received on August 14, 1985. There is probably no liability an the part of the City because the accident apparently occurred outside the City limits. Moreover, the complaint would require amendment to reflect the City of Rancho Cucamonga as a Defendant. x. Sarinana, S=. 9.Y. al. Y• City 21 Rancho Cucamonga, A., it al., San Bernardino County Superior court No. RCV 044450. This action was nerved on tha city on June 13, 1988 and involves a minor child (6 years of age) who apparently was playing in and am-at a eomitruction site ass4aeiatei with storm drain and street improvements occurring in the vicinity of 9303 Hermosa Avencs. Since w have only recently boon served, the facts are not altogether clear; however, it appears that some type of steel pipe had boon stacked near an "abandoned" house at the roferonced location. While p /eying with the pipe, one len)th apparently fractured the zhild's hand. -Wi are in the proeeso of tendering defense to the contractor on the job, Stanl4y F. Yelich i Co. The City is a named additional insured on the contractor's policy, and we believe the tender of `73 Lance, Soll & Lunghard July 14, 1988 Page Seventeen ,Y? defense will be accepted. The injuries do not appear significant and the natter ought to be well within the City's self- insurance program evan if the tender of defense is rejected. ,•• Y- fig"rha. St&- X. county sLf am Bernardino, City s1 BCBChC Cucaaonea, �., At al„ San Fernardino County Municipal Court No. 60160. t This +attar was filed to recover dazaged purportedly sustained by the minor (1{ years) Plaintiff when arrested by San Bernardino County Sheriff's officers and defense has bean L tendered to the County. The tender was accepted, without r reservation of rights, and the :ass is being defended by cotkin, Collins i Pranscell. Further information may be obtained from that firm at 550 South Nill Streat, Suits 1300, Loa Angeles, California 900131 (713) 627 -2696. San Bernard si Solana M. Am m AJA :- 3 0 =�9a' County Superior Court No. OCV 37633. 4y This case arises out of an arrant by San Earnardino sheriffs, and involves a suit for violation of civil rights and wrongful datth after an officer accidentally.shot an individual he was pursuing on foot. Defense has aLccesafully been tendered to the County of San Bernardino ■nd is being handled by Cotkin, Collins i Franscall. Since the count" has a duty to defend and indamnify the City in these matters, the City should have no exposure. •a• Ss.1X Y. city AS PAnchO 2UCAVIlU, San Bernardino County Euperlor Court No. OCV 39033. Plaintiff filed this action after being injured whilu riding as a passenger on a co- Defandent's bus. She is alleging that the City allowed a dangerous condition of its property to exist. The Plaintiff's medical damages appear to total Approximately $3,000.00 although she was the only passenger actually injured. Cisoovsty 's contimeint ix this matter ear it dow not appear to pose a threat of substantial exposure to the City Na note that the City's self - insured retention was $25,000.00 at the tits of this accident and will probably be sufficient should liability be found. e)4- Lance, Sell i Lunghard July 14, 1988 Page 8ighteen 3. T!S Atlgnd Action Appended hereto please find a. copy of a letter directed to Hr. Wasserman from Paul A.,Crubs, Jr., Deputy County Counsel providing the most recent status report concerning all tax refund actions pending against the City. As you can see the City is one of literally dozens of defendants. Liability, if any, wculd only be for the City's pro -rata share of any ultimate refund. Further particulars may be obtained from Hr. Grubs. Regarding cases which Are covered by insurance or the City's self- insurance retention fund, as indicated above, please be advised that insofar as punitive damages are claimed in any of the above cases, the insurance company for the City would undoubtedly reserve its rights Punitive damages ought not to be recoverable against the City of Rancho Cucamonga, as distinguished from recovery against any of its employees. With respect to cases being defended by insuranca company counsel or counsel retained by the cityh self- insurance administrator, such counsel would obviously be more intimately familiar with the facts of any such cases and would, therefore, be able to provide you with more ■peeifie information regarding the same. Where it is stated in this latter that a matter is or appears to be covered either by insurance or the City's self - insurance retortion fund, that statement is based upon acceptance of defense by the insurance company or transmittal by the city's administrator without reservation of rights known to us. However, claims for punitive damages are routinely reserved and, if they are not, may very well be reserved by operation of law. Accordingly, insurance coverages are subject to any applicable aggregate limits in the Cityla insurance coverage, including the City'c self - insurance retention fund. All statements of the amounts involved era based a•laly upon the pleadings in our possession and are subject to change. Additionally, it must be noted that cases which have beer. filed in Superior Court cannot, pursuant to the Code of civil Procedure, be filed with a specific dollar amount in the prayer In such case*, damages are subject to proof at trial. Any asrounts established by the pleadings are, as noted, subject to proof. However, due to the passage of Proposition 51, it appears that claims for pain and suffering would be subject to limitations that the City woald be liable only for its pro -rata share thereof notwithstanding the agility of co- Defendants to contribute. The California Supreme Court has recently ruled that Proposition 51 is prospective only and, Lance, Soil i Lunghard July lt,n 1988 Page Nineteen accordingly would apply to thou* actions where the underlying incident occurred after the effective date thereof (Jung, 1936). " We also note that recant legislation has made it theoretically possible for the city to pay all or a portion of a punitive damage award entered against an emploveo. Such,a payment would occur only at the discretion of the City council, in all possibility after a case has been tho.Kooghly litigated and damages awarded; we can render no opinion as to whether the city Council would make any such payment with respect to any pending or future claims. Wit note, however, that such Payment would undnubtedly -not be made by any insurance carrier and would be payable sblsly from t)le City's funds. If we may be of further assistance to you in this natter, ple -se do not hesitate to contact us at your convenience. very ly yours, An r V. Arcrynsk ew Assistant city Attorney AVA:pam City of Rancho Cucamonga L \173 \RCLitLtr cc: Mayor and City Council Lauren Wasserman, City Manager Jim Hart, Administrative Services Director 7G a, r' +"�"• Y. .. <''` ?'; `L';: - gy!Yra r. iot.! rw :'�.:ey,ye'r. \(lri;t }_'.7.9 :,.; .w :.yLy'r';•�j--m�i::d'.+yM f` •:� �t X12. a•hY't.J yr, yJ{ <J: � {F y �- Va•!y!,• . S r ` ,i. i December 7, 1988 r Ciry or RANCHO CUCAH0317A RLDBYei0PHENT aozNCf Mr;NTES ` v{l�: $twlar kwtind hr . A '`'• A regular meeting of t'.a Aedavelopeent Agency of the City of Rincho Wecuinga cat on Redna, day, Decoober 7, 1988, In the Lion's Pax)t Community, Cedtar, 9161 tape p Line Pdad, Poncho CUCAMOngat California. The meeting wi ta11sQ "fo order at 7x03 p.m. by Chairman Dennis L. Stout. .,•• Presont wara AgercyuxmDsrs, William J. Alexander, Deborah`N. Br,,,, Charles J Buquet Ir, and Chairman Donnie L. Stout. Absent was Ageneyoambers Pamela J Nright. Also present were: Lauren N. Waoserman, Bxeeotive Director; Jack Lam, Depsty BAYGYtiVe Director; James Markman, regal Ccunsel/ 01en Jones, RDA Analyst$ a.ad sevarly A. AnAUlet, Assistant Secretary. . 'VT (e � F A, .0 f O1 App ,val of Minutest July 20, 19881 August J, 19881 August 17t 19801 and October 8, 1988. Agoncymember august stated that he wanted to abstain on the August 17, 1988 minutas In order to do so, there Would be a lack of quorun for approval of said g minutes ACT10NS Dues to lack of quorum, Item to return on next agenda for approval, Zfl 82 Approval to receive and file sorest Investment Schedule as of November: 30, 1988 •, ,rr MOTIM, Mived by Buquat, seconded D Brown to a Y pF ='owe, Motion "�arrid 3 -0 -1 -1 \ )Wright abesrt, Aloxsndsr abstain). � e. �- ��:i%f �, - _ a Ji�'•_+.:.1Tf• i. .,.r�l ,r; "'t.1 •'°i.�!t•Ysi :��!'�r.AX�,�; ��; � a''-y 'ir /' ",k � J`.�w' rt' -0,- • a+.ck v:w.' ,L;ti ,..- ' \,^i % .. ,.. .. 7S'sk' .y^ •r•M f� 'i . i . il�, �'�'`^i•� ,q. Redevelopment agency Min0 &tr, .. ., sy ``-' ^j,7, r s, ^ December 7, 1988 ,r• .'; O ni 0e � Page 7 , V• i'�,' S', DLcre n.Axlnaa 5 'y. i NO _tams submitted t D. srxpP xrsn61£ }, ^ i�1 Dl AMZNDMtni • O RDA /MMTY PR2I:7j1 4 r�•% staff report presented by Jack Lem, Deputy Lsecutivi'Diractor. MOTION, Moved by Brow, seconded by 14%rjet tm approve the annndas' toatht NOV. "c at 'n^ Notion carried uaanlaaosly, 4-0 -1 (Wright absent). a'. ,r D7 AANDAL REPORT oN agLNL� �Txv:TreS roR rraC, q$A]t 1997 /f� - 'r 'r; Ltaff report presented by Olen Jones, ROA Analyst f" MOTION: Moved by Stowe, stranded by Alexander to approve the report, aro1 to forward copies to the StaW and CMIty of first. Doti *n earned unenima sly, 4 -0- rk 1 Wright absent). H. C'C>ryNrC,il,iigNH 7vom THt Pvetr� .a ' t Thee were nor *. t° • . ♦ • • { {•w P. aO.rcmx!ezwM• property Otoui adjourned the parcel located 3neu:lvs session to dlacves potential property acquisition of a pared Mottled at A"hector and - Ooth.ill.- The meeting ^ adjourned at 7,10 p.m. (Agstc2lc ar Wright scrlrtd at 7$10 p.m.). �-st n: f: Asspectfully submitted, - Hs0-'1(Y�_11AU2"h4lVt . Assistant 8terteary N43� h` Approved January 18, 1909 :_t,,ri S %.'X �:.lr -`;a r,:y�j,.r�.{$' - .'.:,'• .. , ' � $ "1pp__``11fie"