HomeMy WebLinkAboutORD 1265 (2003)
ORDINANCE NO. 1265
AN URGENCY ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
EXTENDING A CABLE TELEVISION FRANCHISE WITH COMCAST
OF LOS ANGELES, INC., DBA AT&T BROADBAND UNTIL APRIL 6, 2003
WHEREAS, Comcast of Los Angeles, Inc. formerly Media One of Los Angeles,
Inc., dba AT&T Broadband ("Media One") holds a non-exclusive cable television
Franchise in the City of Tustin (the "CitY") as successor-in-interest to Continental
Cablevision, Inc., pursuant to Ordinance No. 1002; and
WHEREAS, Comcast's Franchise expired July 6, 2002 pursuant to Section 4 of
Ordinance No. 1002; and
WHEREAS, the City granted an extension to Comcast's Franchise on June 17,
2002 to expire on August 5, 2002 pursuant to Urgency Ordinance No. 1254; and
WHEREAS, the City granted an extension to ComCast's Franchise on August 5,
2002 to expire on September 5, 2002 pursuant to Urgency Ordinance No. 1256; and
WHEREAS, the City granted an extension to Comcast's Franchise on
September 3, 2002 to expire on October 5, 2002 pursuant to Urgency Ordinance No.
1258; and
WHEREAS, the City granted an extension to Comcast's Franchise on
September 16, 2002 to expire on October 7, 2002 pursuant to Urgency Ordinance
No. 1259; and
WHEREAS, the City granted an extension to Comcast's Franchise on October
7, 2002 to expire on January 6, 2003 pursuant to Urgency Ordinance No. 1261; and
WHEREAS, the City has completed a thorough review of Comcast's
compliance with the Franchise, Municipal Code, State and Federal requirements and
concluded that certain deficiencies require corrective action; and
WHEREAS, the City has issued corrective notices to Comcast and is awaiting a
satisfactory response; and
WHEREAS Comcast has commenced efforts to comply with the City's corrective
notices; and
WHEREAS, the City has not verified full compliance with FCC customer service
standards for all reporting periods; and
WHEREAS, the City has not verified full compliance with National, state and
Local requirements for its physical plant; and
Ordinance No. 1265
Page 2
WHEREAS, Tustin City Code § 7415(c)(6) provides that the City Council shall
grant cable television Franchises by ordinance; and
WHEREAS, this urgency ordinance is necessary for the immediate protection of
the public health, welfare, and general safety in that the extension of Comcast's
Franchise is necessary to: regulate Comcast's access to the public rights-of-way
which may conflict with the public use thereof; insure correction of defective electrical
connections to residential, commercial and industrial buildings; continue to provide
local access channels for government and emergency information; regulate
subscriber service; and insure accurate and complete franchise payments.
THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY
ORDAIN AS FOLLOWS'
SECTION 1. FRANCHISE EXTENSION. The cable television Franchise granted
to Comcast of Los Angeles, Inc., formerly Media One of Los Angeles, Inc. dba AT&T
Broadband pursuant to Ordinance No. 1002 and extended until January 6, 2003 by
Urgency Ordinance No. 1261 is hereby extended to expire on April 6, 2003.
SECTION 2. URGENCY. This urgency ordinance is necessary for the
immediate protection of the public health, welfare, and general safety in that the
extension of Comcast's Franchise is necessary to: regulate Comcast's access to the
public rights-of-way which may conflict with the public use thereof; insure correction
of defective electrical connections to residential, commercial and industrial buildings;
continue to provide local access channels for government and emergency
information; regulate subscriber service; and insure accurate and complete franchise
payments.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be
invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this ordinance. The
City Council hereby declares that it would have adopted this ordinance and each
section, subsection, subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsection, subdivision,
sentence, clause, phrase, or portions thereof be declared invalid or unconstitutional.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 6th day of January, 2003.
Tracy Wills Worley, Mayor
Stoker
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR URGENCY ORDINANCE NO. 1265.
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council of
the City of Tustin is 5; that the above and foregoing Urgency Ordinance No. 1265 was
passed and adopted at a regular meeting of the City Council held on the 6th day of
January, 2003 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Worley, Kawashi~a, Bone, Davert' Thomas
"None
None
None
~'-~el'a Stoker, ~ity-Clerk
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk of the City of Tustin, hereby certify, under penalty of
perjury, that I caused the posting of Ordinance No. 1265 in the public notice
display case in front of the Council Chamber, 300 Centennial Way, Tustin, the
public bulletin board at the Tustin Area Senior Center, 200 "C" Street, the public
display case at Columbus Tustin Gym, 17522 Beneta Way, Tustin, and the public
display case at the Tustin Library, 345 E. Main Street, Tustin.
Pamela Stoker, City Clerk