HomeMy WebLinkAboutAGENDA REPORT 2007 0418 CC REG ITEM 09AITEM q• A.
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MOORPARK CITY COUNCIL
AGENDA REPORT
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To: Honorable City Council
From: John Brand, Senior Management Analyst 8�6
Date: April 12, 2007 (CC Meeting of 04/18/2007)
Subject: Consider Time Warner Cable TV Customer Service Performance
BACKGROUND
On March 21, the Council directed staff to: 1) Transmit a written notice of material default
to Time Warner Cable for failure to meet the customer service standards of the franchise
agreement and the Moorpark Municipal Code for at least the last three months; and 2)
Place this item on the agenda for the April 18 regular City Council meeting.
On March 27, the City Attorney mailed and faxed the attached correspondence to Time
Warner Cable. Copies of the letter were sent to the top management on west coast, local
region managers, and the general counsel of Time Warner Cable. On April 11, the City
received a reply letter (also attached) indicating that Time Warner Cable is gathering
information and will respond to the City within the 30 days allowed.
Under the terms of the franchise agreement and the City's municipal code, Time Warner
has 30 days within which to respond to the notice. Thereafter, the City Council may hold a
public hearing, on not less than 30 days notice, to determine whether or not a material
default has occurred (in light of any information provided by staff and any response
provided by Time Warner) and if so, whether or not to impose fines.
Options for the Council include:
1. Take no action at this time, pending a response from Time Warner;
2. Continue this item to the meeting of May 2, 2007 for further Council consideration;
or
3. Direct staff to provide Time Warner with notice on April 27, 2007 of a hearing to be
held at the Council's regular June 6, 2007 meeting, which date is more than the
required 30 days notice after the conclusion of the notice of default period.
STAFF RECOMMENDATION
Direct Staff as Deemed Appropriate.
000054
Honorable City Council
March 21, 2007
Page 2
Attachments:
March 27 Notice of Material Default Letter to Time Warner Cable
2. April 11 Response Letter to City Attorney
000055
_ RECEIVED
?3; !j MAR 2001
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C17Y CLERKS VI141StC f.
C; 7Y OF MOORPARK
March 27, 2007
VIA CERTIFIED MAIL
Mr. Stephen Pagano
Executive Vice President
Los Angeles Region
Time Wamer Cable Inc.
550 North Continental Blvd., Suite 250
El Segundo, CA 90245
Gary Matz, General Counsel
Time Warner Cable, Inc.
290 Harbor Drive
Stamford, CT 06904 -2210
wears OKSO Ow:
Our Fy No:
01359.000 1
F+'oM aObwsfw.eorn
Re: Notice of Material Default of Moorpark Cable Franchise Obligations
Gentlemen:
This office serves as the City Attorney for the City of Moorpark ( "Moorpark ") and
writes on its behalf.
This letter serves as notice that the City has made a preliminary determination
that Time Wamer Cable ( "Time Warner ") is in material default of its obligations under the
Municipal Code and Franchise Agreement for at least the last three months for failure to
meet the customer service standards of Moorpark Municipal Code § 5.06.810.
By law, you must either correct these material violations within 30 days or provide
evidence of nonviolation within 30 days. Notwithstanding that time frame, it is
respectfully requested that you provide any evidence of compliance or correction of
violations to the City on or before April 11. That will allow the City time to review your
comments prior to April 18, the date on which the Moorpark City Council will next
consider any steps taken by Time Warner to cure the material default or any provided
evidence of non - violation.
Very truly yours,
BURKE, WILLIAMS & SORENSEN, LLP
Joseph M. Montes
000056
LA $14843 -4560 -9985 vt
TIME WARNER CABLE
THE POWER OF YOU'
April 11. 2007
Mr. Joseph N1. Nlontes
Burke. Williams &. Sorensen. LLP
414 South Flower Street. Suite 2400
Los Angeles. CA 90071 -2953
Re: Time Warner Cable Franchise
Dear NIr. Monies:
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l�c$1S1�t,• t,it,'� mitt• G••. �•. ..
Time Warner Cable is in receipt of your letter of March 27. 2007.
While your letter is not clear regarding the specific nature of the alleged default.
we assume based on prior contacts with the City that you are referring to the telephone
answering issue.
Time Warner Cable takes and' allegation of default with the utmost seriousness.
W'e note your request that we respond substantively to these allegations earlier than
required. However. this is. as noted above. a matter %�e take very seriously and one
deserving of a considered response.
It is incumbent upon us in order to protect our own interests to assemble and
prepare all relevant evidence. This will also provide the City with a complete record on
which to consider the matter.
We are preparing and will provide to you within 30 days from your letter the
information in this regard. We hope that we may then work with you and other
representatives of the City to resolve the issue in a mutually acceptable manner to the
benefit of our customers in Moorpark.
Thank you for your courtesy in this ntatter.
Sincerely.
John E. Fogam
J EF /srt
cc: Patricia Fregoso -Cox
00005