HomeMy WebLinkAbout1995/01/04 - Agenda PacketCITY COUNCIL
AGENDA
CITY OF RANCHO CUCAMONGA
REGULAR MEETINGS
1st and 3rd Wednesdays - 7:00 p.m.
January 4, 1995
Civic Center
Council Chambers
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
City Councilmembers
William J. Alexander, Mayor
Rex Gutierrez, Mayor Pro Tem
Paul Biane, Councilmember
James V. Curatalo, Councilmember
Diane Williams, Councilmember
Jack Lam, City Manager
James L. Markman, City Attorney
Debra J. Adams, City Clerk
City Office: 989-1851
City Council Agencla
January 4, lgg~
PAGE
All items submitted for the City Council Agenda must be in writing. The
deadline for submitting these items is 6:00 p.m. on the Tuesday prior to the
meeting. The City Clerk's Office receives all such items.
1. Roll Call:
A. CALL TO ORDER
Alexander Biane , Curatalo
Guljerr~z , and Williams
B. ANNOUNCEMENTS/PRESENTATIONS
Presentalbn of Proclamation to Capt. Bruce Zeiner for his service to Rancho
Cucamonga as Police Chief.
C. COMMUNICATIONS FROM THE PUBLIC
This is the time and place for the general public to address the City Council.
State law prohibits the City Council from addressing any issue not previously
included on the Agenda. The City Council may receive testimony and set the
matter for a subsequent meeting. Comments are to be limited to fwe minutes
per individual.
D~ CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and non-
controversial. They will be acted upon by the Council at one time without
discussion. Any item may be removed by a Councilmember or member of the
audience for discussion.
Approval of Warrants, Register Nos. 12/14/94 and 12/21/94; and Payroll
ending 11/30/94 for the total amount of $2,302,322.27.
Approval to appropriate $40,000.00 from Fund 14, Air Quality Improvement
Grant, Account No. 14-4158-6028, forthe Bike Pathways Project, located on
Terra Veda Parkway, Church Street, Greenway Corridor, Haven Avenue,
Archibald Avenue, and Eljwanda Avenue.
3. Approval of Extension of Comcast Cable T.V. Franchise.
RESOLUTION NO. 91-012-S
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING
COUNTY OF SAN BERNARDINO FRANCHISE LICENSE
WITH COMCAST CABLE T.V. FOR 90 DAYS UPON
EXPIRATION OF CURRENT LICENSE WITHIN THE CITY
OF RANCHO CUCAMONGA
10
11
City Council Agenda
January 4, 19~6
PAGE
Approval to Order the Annexation to Landscape Maintenance District No. 3B
and Street Lighting Maintenance District Nos. I and 6, for Condition Use
Permit No. 94-16, located at 9272 Hyssop Drive, submitted by Airtouch
Cellular.
RESOLUTION NO. 95-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING
THE ANNEXATION OF CERTAiN TERRITORY TO
LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND
STREET LIGHTING MAINTENANCE DISTRICT NOS. 1
AND 6 FOR CONDITIONAL USE PERMIT 94-16
Approval to execute Amendment No. 9 to renew the lease between the City
of Rancho Cucamonga and Valley Baseball Club, Incorporated (CO 92-064)
allowing the tenant to continue leasing additional space at the Sports
Complex for Calendar Year 1995.
Approval to accept Improvements, Release of Bonds, and Notice of
Completion for Terra V'~sta Parkway Street improvements east of Mountain
V'mw Drive,
Release: Faithful Performance Bond
RESOLUTION NO. 95-002
$ 476,000.00
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
THE PUBLIC IMPROVEMENTS FOR THE TERRA VISTA
PARKWAY STREET IMPROVEMENTS EAST OF
MOUNTAIN VIEW DRIVE AND AUTHORIZING THE
FILING OF A NOTICE OF C~ON FOR THE WORK
Approval of Final Payment to Southern Padtic Transportation Company and
SCRAA-Metrolink, and Release of Remaining Funds deposited under
Agreement CO90-139 for payment of southern Padtic Railway
Improvements at the Rochester Crossing, to the William Lyon Company.
RESOLUTION NO. 95-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING
THE FINAL PAYMENT TO SOUTHERN PACIFIC
TRANSPORTATION COMPANY AND SCRRA-
METROLINK, AND RELEASE OF REMAINING FUNDS
DEPOSITED BY THE WILLIAM LYON COMPANY FOR
PAYMENT OF SOUTHERN PACIFIC RAILWAY
IMPROVEMENTS AT THE ROCHESTER CROSSING
12
14
17
19
20
21
22
** '"T' "r't"q'"
City Council Agenda
January 4, lgg5
;=. CONSENT ORDINANCES
The following Ordinances have had public hearings at the time of first reading.
Second readings are expected to be routine and non-controversial. They will
be acted upon by the Council at one time without discussion. The City Clerk
will read the titb. Any item can be removed for discussion.
No Items Submitted.
F. ADVERTISED PUBLIC HEARINGS
The following ilems have been advertised and/or posted as public hearings as
required by law. The Chair will open the meeting to receive public testimony.
No Items Submitted.
G. PUBLIC HEARINGS
The following items have no legal publication or posting requirements. The
Chair will open the meeting to receive public testimony.
No Items Submitted.
H. CITY MANAGER'S STAFF REPORTS
The following items do not legally require any public testimony, although the
Chair may open the meeting for public input.
1. CONSIDERATION TO WAIVE PENALTY CHARGES THAT ARE
APPLICABLE TO MARKS CABLEVISION
I. COUNCIL BUSINESS
The following items have been requested by the City Council for discussion.
They are not pubic hearing items, although the Chair may open the meeting for
public input.
No Items Subrrdlled.
J. IDENTIFICATION OF ITEMS FOR NEXT MEETING
This is the time for City Council to identify the items they wish to discuss at the
next meeting. These items will not be discussed at this meeting, only identifmd
for the next meeting.
PAGE
23
City Council Agenda
January 4, 1996
PAGE
K. COMMUNICATIONS FROM THE PUBUC
This is the time and place for the general public to address the City Council.
Stab law prohibits the City Council from addressing any issue not previously
included on the Agenda. The City Council may receive testimony and set the
matter for a subsequent meeting. Comments are to be limited to fwe minutes
per individual.
L. ADJOURNMENT
MEETING TO ADJOURN TO JANUARY 17, 1994 AT 7:00 P.M. IN THE COUNCIL
CHAMBERS AT THE CMC CENTER, 10500 CIVIC CENTER DRIVE, RANCHO
CUCAMONGA, CALIFORNIA.
I, Debts J. Adsins, City Clerk of the City of Rancho Cucamonga, hereby certify that
a true, accurate copy of the foregoing agenda was posted on December 28, 1994,
seventy-two (72) hours prior to the meeling per Government Cede 54953 at 10500
Civic Center Drive.
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8
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
TO:
FROM:
BY:
SUBJECT:
January 4, 1995
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
William J. O~Neii, City Engineer
Michael D. Long, Supervising Public Works Inspector
APPROVAL TO APPROPRIATE $40,000.00 FROM FUND 14, AIR QUALITY
IMPROVEMENT GRANT, ACCOUNT NO. 14-4158-6028, FOR THE BIKE
PATHWAYS PROJECT, LOCATED ON TERRA VISTA PARKWAY, CHURCH
STREET, GREENWAY CORRIDOR, HAVEN AVENUE, ARCHIBALD AVENUE,
AND ETIWANDA AVENUE
I!Ir, COMMRNBATION:
It is recommended that the City Council approve an appropriation of $40,000.00 from Fund 14, Air
Quality Improvement Grant, Account No. 14-4158-6028, for the Bike Pathways Project, located on
Terra Vista Parkway, Church Street, Greenway Corridor, Haven Avenue, Archibald Avenue, and
Etiwanda Avenue that was renamed to the fund balance at the end of the 1993/94 Fiscal Year.
wlACKGROUND/ANA! ,YSIS
The subject project was awarded at the City Council meeting on November 16, 1994, and includes
locations approved in the 1993/94 Fiscal Year budget that included Term Vista Parkway, Church
Street, Greenway Corridor, Haven Avenue, Archibald Avenue, and Etiwanda Avenue. The project
was not bid in the 1993/94 Fiscal Year period; therefore, the 1993/94 Fiscal Year project appropriation
was returned to the fund balance.
Respectfully submitted,
William J. ~eil
City Engineer
WJO:MDL:dlw
DATE:
TO:
FROM:
SUBJECT:
CITY OF RANCHO CUCAMONGA
STAFF REPORT ·
January 4, 1994
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
Susan Mickey, Management Analyst I ~
EXTENSION OF COMCAST CABLE T.V. FRANCHISE
RECOMMENDATION
Adoption of Resolution No. 91-012S extending Comcast's Franchise License for 90 days.
BACKGROUND
The City staff would appreciate the opportunity to continue with the negotiations with Comcast to insure that
every opportunity has been made available to Comcast to obtain a Franchise License.
so:jls
Attachment
RESOLUTION NO. 94-012-S
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, EXTENDING COUNTY OF SAN BERNARDINO
FRANCHISE LICENSE WITH COMCAST CABLE T.V. FOR 90 DAYS UPON
EXPIRATION OF CURRENT LICENSE WITHIN THE CITY OF RANCHO
CUCAMONGA
WHEREAS, the Franchise License granted to Comcast Cable T.V. by the County of San
Bernardino and grandfathered into the City of Rancho Cucamonga will expire on January 18, 1995; and
WHEREAS, negotialions are ongoing between the City of Rancho Cucamonga and Comcast
Cable T.V.; and
WHEREAS, all terms and conditions of the current license will continue the same.
NOW, THEREFORE, the City Council of the C_.,ity of Rancho Cucamonga does hereby resolve
to extend the Franchise License for 90 days after the expiration of the current County' of San Bemardino
License.
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
TO:
FROM:
BY:
SUBJECT:
January4,1995
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
William J. O?qeil, City Engineer
Jerry Dyer, Associate Engineer
APPROVAL OF ORDERING THE ANNEXATION TO LANDSCAPE
MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. I AND 6, FOR CONDITIONAL USE
PERMIT 94-16, LOCATED AT 9272 HYSSOP DRIVE, SUBMITTED BY
AIRTOUCH CELLULAR
RECOMMF. NDATIONS
It is recommended that the City Council adopt the attached resolution ordering the annexation to
Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for
Conditional Use Permit 94-16.
BACKGROUND/ANAl ,YSIS
Conditional Use Permit 94-16, located at 9272 Hysso Drive was approved by the Planning
Commission on July 27, 1994 for the development
oF a cellular telecommunications facility
consisting of a 588 square foot ttipment building and a 90--foot monopole antenna at 9272 Hyssop
Drive, located in the General Ineausu'ial District (Subarea 14) of the Industrial Area Specific Plan.
Airtouch Cellular has submitted a signed Consent and Waiver to Annexation form signed by the
property owner(s). Copy of said form is available in the City Clerk's office.
Respectf !y bmitted,
William J. O~leil
City Engineer
WJO:dlw
Attachments
VICINITY MAP
IIII
//
A.T. & S.F. R/R (METROLINK)
PROJECT SITE
9272 HYSSOP DRIVE
APN 229-293-12
FOURTH
CITY OF RANCHO CUCAMON(IA,
N.T.S.
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
CUP 94-16
13
RESOLUTION NO. q,__~ - ~ O /
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 6 FOR CONDITIONAL
USE PERMIT 94-16
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously
formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act
of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said
special maintenance district known and designated as Landscape Maintenance District No. 3B, Street
Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (hereinafter
referred to as the "Maintenance District"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act
of 1972" authorize the annexation of additional territory to the Maintenance District; and
WHEREAS, at this time the City Council is desirous to take proceedings to annex the
property described on Exhibit "A" attached hereto and incorporated herein by this referenced to the
Maintenance District; and
WHEREAS, all of the owners of property within the territory proposed to be annexed to the
Maintenance District have filed with the City Clerk their written consent to the proposed annexation
without notice and hearing or filing of an Engineer's "Report".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLOWS:
SECTION 1: .That the above recitals are all true and correct.
SECTION ~: That this legislative body hereby orders the annexation of the property as
shown in Exhibit "A" and the work program areas as described in Exhibit "B" attached hereto to the
Maintenance District.
SECTION 3: That all future proceedings of the Maintenance District, including the levy of
all assessments, shall be applicable to the terntory annexed hereunder.
EXHIBIT "A"
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. 3B
STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 6
//
A.T. & S.F. R/R (~tETROLINK)
7TH STREET
L
PROJECT SITE
9272 HYSSOP DRIVE
APN 229-283-12
FOURTH STREET
CITY OF RANCHO CUCAMON(IA
N.T.S.
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
CUP 94-16
EXHIBIT "B"
WORK PROGRAM
PROJECT: C.U.P. 94-16
STREET LIGHTS:
Dist.
S1
S6
NUMBER OF LAMPS
9500L 16.000L 22.000L
27.500L
LANDSCAPING:
Community
Equestrian
Trail
Dist. D.G.S.F.
L3B
Turf Non-Tuff
S.F. S.F.
Trees
Ea.
I1
Street
Nam~
Hyssop Dr.
ASSESSMENT UNITS:
Parcel Acres
N/A 2.15
Assessment Units
By District
S1 S6 L3B
4.30 2.15 2.15
Form Date 11/16/94
16
DATE:
TO:
-- CITY OF RANCHO CUCAMONGA
STAFF REPORT
January 4, 1995
Mayor and Members of the City Council
Jack Lain, AICP, City Manager
FROM:
Linda D. Daniels, Redevelopment Manager
BY:
Jan Reynolds, Assistant Redevelopment Analyst
SUBJECT:
APPROVAL TO EXECUTE AMENDMENT NO. 9 TO THE RENEW
THE LEASE BETWEEN THE CITY OF RANCHO CUCAMONGA
AND VALLEY BASEBALL CLUB, INCORPORATED (CO 92-064)
ALLOWING THE TENANT TO CONTINUE LEASING
ADDITIONAL SPACE AT THE SPORTS COMPLEX FOR
CALENDAR YEAR 1995
RECOMMENDATION
The City Coundl approve Amendment No. 9 renewing the lease between the
City of Rancho Cucamonga and Valley Baseball Club, Inc., which will allow for
the continued lease of office spaces within the stadium building.
BACKGROUND/ANAI .YSIS
In July 1993, the 'City Council approved Amendment No. 2 to the lease between
the City and Valley Baseball Club, Inc., which allowed for the lease of two
additional office spaces within the stadium· This additional lease space
included rooms of approximately 157 square feet on the third floor and 189
square feet on the concourse level. A one year renewable term was established
for the lease of additional space at a rate of $1.00 per square foot per month.
The attached amendment renews the one year term of the lease established in
the above-mentioned Amendment No. 2. All previously agreed terms remain
the same: annual renewal, and lease rate at $1.00 per month. This amendment
applies only to the lease space agreed to in the original amendment with the
same operation and maintenance responsibilities and does not add additional
space· The term of the lease will remain one year renewable to allow the City
the ability to use the additional space as necessary for future programming and
City activities.
Res tfully submitted,
Manager
17
AMENDMENT NO. 9 TO LEASE
This Amendment No. 9 is entered into as of
· 1995, by and between the CITY OF RANCHO
CUCAMONGA ("CITY" hereinafter) and VALLEY BASEBALL CLUB,
INCORPORATED, a California Corporation ("YENANT" hereinafter).
This Amendment hereby extends the term of the Additional
Space designated in Amendment No. 2 to Lease entered into on July 7, 1993,
between CITY and TENANT. Said term to commence on Janu.ary 1, 1995,
and conclude on December 31, 1995.
Other than as expressly amended hereby, the Lease, as previously
amended by Amendment Nos. 1 through 8, and each and every term and
provision contained therein shall remain in full force and effect.
Wherefore, CITY and TENANT have entered into this Amendment
No. 9 as of the date set forth hereinabove.
CITY OF RANCHO CUCAMONGA
ATTEST:
By:
Debra J. Adams, City Clerk
BY:
William J. Alexander, Mayor
VALLEY BASEBALL CLUB, INC.
Henry E. Stickney, President
18
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
TO:
FROM:
BY:
SUBJECT:
January 4, 1995
Mayor and Members of the City Council
Jack Lam, AiCP, City Manager
William J. O~Neil, City Engineer
Steve M. Gilliland, Public Works Inspecto~
ACCEPTANCE OF IMPROVEMENTS, RELEASE OF BONDS AND NOTICE OF
COMPLETION FOR TERRA VISTA PARKWAY STREET IMPROVEMENTS EAST
OF MOUNTAIN VIEW DRIVE
lIECOMMENDATION:
The required street improvements for Terra Vista Parkway have been completed in an acceptable
manner and it is recommended that city Council accept said improvements, authorize the City
Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful
Performance Bond in the amount of $476,000.
BACKGROUND/A NA I ,YSIS
Tetra Vista Parkway Street Improvements east of Mountain View Drive
Release:
DEVELOPER:
Lewis Homes
P.O. Box 670
Upland, CA 91785
Faithful Performance Bond
$476,000.00
Respectfully__~mitted,
William J~~"~
City Engineer
WJO:SMG:Iy
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE
PUBLIC IMPROVEMENTS FOR THE TERRA VISTA PARKWAY
STREET IMPROVEMENTS EAST OF MOUNTAIN VIEW DRIVE
AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
WHEREAS, the construction of public improvements for Tetra Vista Parkway Street
Improvements east of Mountain View Drive have been completed to the satisfaction of the City
Engineer; and
WHEREAS, a Notice of Completion is required to be filed, certi.fying the work
complete.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby
resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a
Notice of Completion with the County Recorder of San Bernardino County.
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
January 4, 1995
TO:
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM:
William J. O~4eil, City Engineer
BY:
Dan James, Senior Civil Engineer
SUBJECT:
APPROVAL OF FINAL PAYMENT TO SOUTHERN PACIFIC TRANSPORTATION
COMPANY AND SCRAA-METROLINK, AND RELEASE OF REMAINING FUNDS
DEPOSITED UNDER AGREEMENT CO-90-139 FOR PAYMENT OF SOUTHERN
PACIFIC RAILWAY IMPROVEMENTS AT THE ROCHESTER CROSSING, TO THE
WILLIAM LYON COMPANY.
I~F, COMMENDATION :
It is recommended that the City Council adopt the attached resolution approving the final payment to Southern
Pacific Railway and SCRRA, and the release of remaining funds to The William Lyon Company.
BACKGROUND/ANAl ,YSIS
On October 3, 1990, the City Council approved an agreement with The William Lyon company. Per the
agreement The William Lyon Company deposited $146,334.00 for improvements to be installed by the Southern
Pacific Railroad (SPRR)at the Rochester Avenue crossing. The improvements have been complete since
February 1993.
The City has received the final invoices from SPRR and SCRRA. The William Lyon Company has reviewed
these final invoices and concur with the amount The expenditures from the $146,334 deposited by The William
Lyon Company are as follows:
$39,624.00 to SPRRA in December 1980
$30,000.00 to The William Lyon Company in May 1993
$34,000.00 to The William Lyon Company in June 1994
$20,654.26 final invoice to be paid to SPRR
$ 4,889.64 final invoice to be paid to SCRRA-Metrolink
$17, 166.10 remaining funds to be paid to The William Lyon Company
It is appropriate to authorize the fmal payment and release of funds to close out the account.
City Engineer
WJO:DJ:dlw
Attachment
21
RESOLUTION NO. ~--- C?> D ,~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FINAL
PAYMENT TO SOUTHERN PACIFIC TRANSPORTATION
COMPANY AND SCRRA-METROLINK AND RELEASE OF
REMAINING FUNDS DEPOSITED BY THE WILLIAM LYON
COMPANY FOR PAYMENT OF SOUTHERN PACIFIC RAILWAY
IMPROVEMENTS AT THE ROCHESTER CROSSING.
WHEREAS, Agreemere CO 90-139 approved at the City Council meeting of October
3, 1990, by Resolution 90-382 by and between the City and The William Lyon Company; and
WHEREAS, said Agreement provided $146,354.00 for improvements by Southern
Pacific Transportation Company; and
WHEREAS, said iprovements have been completed and accepted; and
WHEREAS, final invoices have been received from Southern Pacific and Metrolinlc
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California
hereby resolves, that said final invoices shall be paid in full and the remaining funds be released to
the William Lyon Company.
DATE:
TO:
FROM:
BY:
SUBJECT:
January. 4, 1994
Mayor and Members of the City Council
CITY OF RANCHO CUCAMONGA
STAFF REPORT
Jerry Fulwood. Deputy City Manager
Susan Mickey, Management Analyst I
CONSIDERATION TO WAIVE PENALTY CHARGES THAT
ARE APPLICABLE TO MARKS CABLEVISION
RECOMMENDATION:
That the City Council consider the request made by Marks CableVision to waive penalties which
were charged due to a late franchise fee payment.
BACKGROUND:
Marks CableVision purchased Simmons Cable TV in February 1994. The period in dispute is
the time between January 1, 1994, and January 31.1994. There was a question as to who was
responsible for the franchise fee payment. At that time, Simmons owned the system. However,
Simmons contended that they had deposited monies in an escrow account at the time of closing
to cover the franchise fee payment. Marks disputed that there were sufficient funds deposited.
Staff researched the closing documents and discovered a clause which stated that if Simmons did
not pay the balance of the franchise fees within 30 days of closing, then Marks would be liable
for the payment within 45 days. After providing Marks CableVision a copy of the document,
they promptly paid the franchise fee of $19,508.43. However, the franchise fee payment was paid
after the 45 day deadline.
ANALYSIS:
According to Section 7.02.130 (C) of Title 7 regarding late franchise fee payments, the Grantee
shall pay as additional compensation an interest charge equal to the maximum interest rate that
could lawfully be charged by a private lender in effect upon the due date (10%) and a 5% penalty
charge. These fees would amount to $2,370.41.
Since the City Council is the only body that can waive a fee or penalty, Mr. Marks Sr.is
requesting that the City Council waive the penalty charges of $2,370.41 (see attached letter).
s lly S b ~
j
CableVision
December 6, 1994
The Honorable Bill Alexander
10500 Civic Center Drive
Rancho Cucamonga, CA 91729
Dear Mayor Alexander:
I am writing you to request your consideration in a matter that stems from a simple
misunderstanding on the part of both Marks CableVision and city staff.
On February 1, 1994, DCA CableVision/dba Marks CableVision acquired Scott Cable
Communications (Simmons Cable) serving the northern portion ofRancho Cucamonga. It
was our prudent and reasonable assumption that Marks CableVision would be responsible
for franchise fee payments accumulated from February 1, 1994 and on. It was also our
prudent and reasonable assumption that Scott Cable would be responsible for the payment
in full, of all franchise fees accumulated to date, prior to February l, 1994. As you know,
franchise fees are calculated as 5% of gross revenue. Since Scott Cable received all
revenue generated prior to February it was rational for us to believe that Scott Cable was
responsible for paying franchise fees for January, on revenue they generated and kept.
Over the course of the year on several occasions, we have had conversation with Jerry
Fulwood and Susan Mickey regarding the above circumstances. Each time, we told them
that we honestly believed that Scott Cable is, and should be, responsible for any unpaid
franchise fees prior to the acquisition. On all occasions, city staff never questioned our
response nor argued otherwise.
On November 22, 1994, Jerry Fulwood and Susan Mickey notified Scan Hogue, that
Resolution No. 93-219 approving the sale of Scott Cable to Marks CableVision dated
December 14, 1993 contains language transferring the responsibility of payment of said
franchise fees from Scott Cable to Marks CableVision should Scott default on paying any
balance generated prior to the acquisition.
Upon this notification, and examination of Resolution No. 93-219 we acknowledged that
we did make this agreement with the city of Rancho Cucamonga, and we would
immediately honor our promise. As of the date of this letter, Marks CableVision has paid
in full, the January 1994 franchise fees accumulated by Scott Cable.
In addition to payment of January franchise feea, Jerry Fulwood has notified us that city
law dictates that interest charges and penalty fees Gh~ll be charged on this amount for the
period it was delinquent.
We appeal to the city council to waive the interest and penalty fees. Neither Marks
CableVision nor city staff was sure who was responsible for the payment of these
franchise fees. When city staff learned that in fact Marks CableVision was responsible, we
responded promptly with payment.
An acquisition the size of the Marks/Scott deal required well over a hundred documents
to be signed between the buyer and seller, franchising authority, yentiers, programmers,
suppliers, landlords, etc. This was quite simply an oversight. Nothing more. We have
now honored our commitment.
Based on our strong working relationship with the city over the past three years and
especially during this past year, we hope that the city will recognize this misunderstanding
and will waive all fees other than the actual franchise fee amount.
Thank you for your consideration.
Sincerely,
Bill Marks, Jr., Executive Vice President/C.O.O.
Marks CableVision
CITY OF RANCHO CUCAMONGA
I dEMORAND
DATE:
January 5, 1995
TO:
FROM:
SUBJECT:
Chairman and Members of the Redevelopment Agency
Jack Lam, AICP, Executive Director
William J. O'Neil, City Enginee~
( ,/
DELETION OF CONSENT CA'EENDAR ITEM NO. 3
Item No. 3 Consent Calendar, Approval of Professional Services Agreement with Parsons,
Brinckerhoff, Quade and Douglas, Inc., for work on the Interstate 15 and Route 66 Interchange
Project has been removed from the Consent Calendar. The reason for the removal of this item is
to resolve some differences concerning Insurance Requirements and Indemnification.
This item will be placed on a future agenda.
WJO:MO:Iy