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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. , , ~ * , )- C' (::) O · · · · · · · · · · · · · · I* · · · I l I I l ZZzcz 3 "T "'if"t1"" ¢ I-- 0 I- I. % JZf. 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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