HomeMy WebLinkAboutAGENDA REPORT 2007 0516 CC REG ITEM 09EMOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Joseph Montes, City Attorney
DATE: May 10, 2007 (CC Regular Meeting of 5/16/2007)
9. E.
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
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ACTION:
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SUBJECT: Consider Update on Time Warner -- Request City Attorney to Re- Schedule
June 6 Hearing
BACKGROUND AND DISCUSSION
At the Council's meeting of April 18, the Council directed that a hearing be set for June 6,
2007 to consider whether Time Warner has breached the terms of the franchise agreement
and, if so, to consider imposing penalties. Notice for such hearing did not go out insufficient
time for the June 6 hearing date, so the City Attorney is requesting that the Council move the
hearing date to its meeting of June 20 so that the required 30 day notice can be sent.
Additionally, at the meeting of April 18, the City had not yet received any substantive response
from Time Warner. The City has now received a letter from Time Warner indicating they
believe that a different customer service standard than that identified by the City applies to
them. The City Attorney will brief the council on this issue and suggest that the hearing notice
to be sent for 6/20 also respond to this issue raised by Time Warner, so that Time Warner
does not focus on the incorrect standard in their preparations for the hearing.
Attached for the Council's reference is the April 18 staff report concerning this item.
STAFF RECOMMENDATION
Direct the City Attorney to provide Time Warner with notice of a hearing to be held at
the City Council's regular June 20, 2007 meeting; and
2. Re- Schedule hearing from June 6, 2007 to June 20, 2007.
Attachment: 4/18/07 Agenda Report Item 9.A.
000105
ATTACHMENT
MOORPARK CITY COUNCIL
AGENDA REPORT
To: Honorable City Council
From: John Brand, Senior Management Analyst •�
Date: April 12, 2007 (CC Meeting of 04/18/2007)
� o; •�i1 Meeting
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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.
000 -1-OG
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
RECEIVED
2 i a z 3 J _ 1, 2 _ MAR ii 2001
CITY i,L ERKS JI ASiC^
CiTt` OF M00APARK
March 27, 2007
VIA CERTIFIED MAIL
Mr. Stephen Pagano
Executive Vice President
Los Angeles Region
Time Warner 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
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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 Warner 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. Mantes
LA 44843 -4560 -9985 v1
0001-1. 0
TIME WARNER CABLE
THE POWER OF You
April 11. 2007
Mr. Joseph 1M. Montes
Burke. Williants & Sorensen. LLl
444 South Flower Street. Suite 2400
Los Aneeles. CA 90071 -2953
Re: Time Warner Cable Franchise
Dear NMr. NIontes:
f '
Time Warner Cable is in receipt of your letter of `•larch 27. 2007.
While your letter is not clear regarding the specific nature of the alleged default.
\\e assume based on prior contacts with the Cit\ that �-ou are refiring to the telephone
ans\yering issue.
Time Warner Cable takes any allegation ot' default \pith the utmost seriousness.
We note your request that we respond substanti\ el\ to these allegations earlier than
required. However. this is. as noted above. it matter we take very seriousl\ and one
deserving of a considered response.
It is incumbem upon us in order to protect our wyn interests to assemble and
prepare all relevant evidence. This will also provide the Cily %%ith a complete record on
Much to consider the matter.
We are preparing and will provide to yoti within 30 days from your letter the
inforniation in this regard. We hope that xyc may that work \yith � ou and L-ther
representatives of the Cite to resolve the issue in a mutually acceptable manner to the
benefit of our customers in Moorpark
Thattk %ou for your courtesy in this Matter.
Sincerely.
E "I / -
st
John F Fogart\
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cc: Patricia Frcaoso -Cox
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