Ordinance Number 494256
ORDINANCE NO. 494
CABLE TELEVISION SYSTEMS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 7, CHAPTER 2, OF THE
SAN JUAN CAPISTRANO MUNICIPAL CODE ESTABLISHING
RULES AND REGULATIONS FOR CABLE TELEVISION SYSTEMS
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Amendments
Title 7, Chapter 2 of the San Juan Capistrano Municipal
Code is hereby amended to read as follows:
1. Section 7-2.01, Definitions, is amended to read as
follows:
"Section 7-2.01. Definitions.
"For the purposes of this chapter, unless otherwise
apparent from the context, certain words and phrases used in
this chapter are defined as follows:
"(a) 'Cable television system' shall mean and
include any facility that, in whole or in
part, receives, directly or indirectly, over
the air and amplifies or otherwise modifies
the signals transmitting programs broadcast
by one or more television or radio stations
and distributes such signals by wire or cable
to subscribing members of the public who pay
for such services. 'Cable television system'
shall not include any of the following:
"(1) Any such facility that serves fewer than
fifty (50) subscribers; and,
"(2) Any such facility that serves only the
residents of one or more apartment
_ dwellings under common ownership,
control, or management and commercial
establishments located on the premises
of such apartment dwellings.
"Any modified definition of a cable
television system approved by the
Federal Communications Commission
subsequent to the effective date of this
Ordinance, shall immediately apply to
all the terms and conditions of this
chapter and shall completely supersede
all previous definitions for the
purposes of interpreting the provisions
of this chapter.
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"(b) 'Cable TV Board' shall mean a body of persons
acting under Council authority and appointed
by the Council. The membership of the Board
shall consist of persons from the community
and/or from the administrative staff of the
City. The powers and duties of the Board
shall be determined by the Council.
"(c) 'City Manager' shall mean the City Manager of
the City or his designee.
"(d) 'Director of Administrative Services' shall
mean the Director of Administrative Services
or his designee.
"(e) 'Grantee' shall mean any person, firm, or
corporation granted a franchise by the
Council pursuant to the provisions of this
chapter and the lawful successor, transferee,
or assignee of such person, firm, or
corporation.
"(f) 'Materially alter' shall mean and apply to a
change that significantly and adversely
affects the ability of the grantee to provide
the cable TV services in accordance with its
franchise at a reasonable profit.
"(g) 'Gross revenues' shall mean any and all
compensation received directly or indirectly
by a grantee, including the following:
11(1) Installation fees;
11(2) Disconnect and reconnect fees;
"(3) Rental fees, including, but not limited
to, deposits accepted by a grantee;
11(4) Fees for the transmission of broadcast
signals and access and origination
channels, if any;
"(5) Per -program or per -channel charges;
11(6) Leased channel or facility revenues;
"(7) Advertising revenue; and,
"(8) Any other income derived from the
system.
"Gross revenues' shall exclude all sales taxes
and excise taxes payable by a grantee to
Federal, State, or County governments as a
direct result of operations pursuant to the
provisions of this chapter. Refunds and
deposits shall be deducted from current gross
revenues upon return.
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"(h) 'Property of a grantee' shall mean all
property owned, installed, or used within the
City by a grantee in the conduct of a cable
television system business under the
authority of a franchise granted pursuant to
the provisions of this chapter.
"(i) 'Street' shall mean the surface, the air space
above the surface, and the area below the
surface of any public street or other public
right -o£ -way or public place, including
public utility easements.
"(j) 'Subscriber' or 'user' shall mean any person
or entity receiving for any purpose any
service of a grantee's cable television
system, including, but not limited to, the
conventional cable television system service
of transmissions of television broadcasts,
radio signals, original cablecasting, and the
local government, education, and public
access channels, or other services, such as
leasing of channels, data and facsimile
transmissions, pay television, and police,
fire, and similar public service
communications.
2. Subsection (b)(1) of Section 7-2.03, Supplemental
rules, regulations, and standards, is amended to
read as follows:
"Section 7-2.03. Supplemental rules, regulations,
and standards.
"(1) Resolutions of intention. The Council
shall pass its resolution of intention
stating or describing the rules,
regulations, or standards to be adopted,
amended, modified, deleted, or otherwise
changed and fixing and setting forth a
day, hour, and place certain when and
where any persons having any interests
therein or objections thereto may appear
before the Council and be heard. Such
resolution shall direct the City Clerk
to publish such resolution at least once
within ten (10) days after the passage
thereof and to mail a copy of such
resolution to any grantee or applicant
for a franchise not more than thirty
(30) days, nor less than fifteen (15)
days, prior to the time fixed for the
hearing thereon.
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3. Subsection (a) of Section 7-2.05, Franchises:
Designated service areas, is amended to read as
follows:
"Section 7-2.05. Franchises: Designated
service areas.
"(a) The franchises granted by the City pursuant to
the provisions of this chapter shall be
nonexclusive and shall authorize the grantee
to construct, operate, and maintain a cable
television system only within the service
area of the City particularly described in
the franchise. Additions or deletions to the
designated service areas shall be made only
upon the prior authorization of the Council.
Subsection (2) of Section 7-2.09, Franchises:
Applications: Determinations, is amended to read
as follows:
"Section 7-2.09. Franchises: Applications:
Determ nations.
"(2) The Council shall pass a resolution of
intention to consider the granting of
such a franchise, giving notice of the
receipt of the application, describing
the character of the franchise desired,
stating the name of the proposed
grantee, the character of the franchise,
the terms and conditions upon which such
franchise is proposed to be granted,
that copies of the proposed franchise may
be obtained at the office of the City
Clerk, fixing and setting forth a day,
hour, and place when and where any
person having any interest therein or
objection to the granting of such
franchise may file written protests and
appear before the Council and be heard,
and directing the City Clerk to publish
such resolution at least once within ten
(10) days after the passage thereof and
to post such resolution at the
designated official posting places
within the City. The City Clerk may
also be directed by the Council to
arrange for airing such resolution on
one local TV channel between the hours
of 7:00 p.m. and 9:00 p.m. for five (5)
consecutive days prior to the hearing.
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5. Subsection (a) of —ection 7-2.11, Franchise:
Payments, is amended to read as follows:
"Section 7-2.11. Franchise: Payments.
"(a) Amounts. In consideration of the granting
and exercise of a franchise to use the
streets for the operation of a cable
television system, the grantee shall pay to
the City, quarterly, during the life of the
franchise a percentage of the gross revenue.
6. Subsections (1), (2) (i), (ii), and (iii), of
Section 7-2.11, Franchise: Payments, are hereby
deleted.
7. Subsection (c) of Section 7-2.15, Franchise:
Termination, is amended to read as follows:
"Section 7-2.15. Franchise: Termination.
"(c) Requests to terminate. If the failure,
refusal, or neglect of the grantee continues
for a period of thirty (30) days following
such written demand, the Council or City
Manager may place a request for the
termination of the franchise upon the next
regular Council meeting agenda. The Council
or City Manager shall cause to be served upon
such grantee, at least ten (10) days prior to
the date of such Council meeting, a written
notice of the intent to request such
termination and the time and place of the
meeting, notice of which shall be published
by the City Clerk at least ten (10) days
before such meeting.
8. Subsection (h) is hereby added to Section 7-2.16,
Rights reserved to the City, to read as follows:
"(h) The City shall have the right from time to
time to conduct an independent technical
survey of any cable system operating in the
City. The survey will be conducted at the
sole expense of the City. The grantee will
cooperate in providing information to the
City.
9. Subsection (g) of Section 7-2.18, Properties of
grantees: Location, is hereby deleted and the
existing subsection (h) is hereby renumbered to
read as (g).
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10. Section 7-2.22, Bonds, is hereby retitled to read
as follows:
"Section 7-2.22. Bonds and Security Deposits.
11. Section 7-2.22, Bonds and Security Deposits, is
hereby amended to read as follows:
"(a) Performance of law and franchise provisions.
Upon being granted a franchise pursuant to
the provisions of this chapter, and upon the
filing of the acceptance required by the
provisions of Section 7-2.10 of this chapter,
the grantee shall file with the City Clerk,
and shall thereafter, annually, during the
entire term of such franchise, maintain in
full force and effect, a corporate surety
bond or other adequate surety agreement in
such amount and kind as shall have been
approved by the Council.
"The bond or agreement shall be so conditioned
that in the event the grantee shall fail to
comply with any one or more of the provisions
of this chapter or of such franchise, there
shall be recoverable jointly and severally
from the principal and surety any damages,
losses, or costs suffered or incurred by the
City as a result thereof, including
attorney's fees if grantee is at fault and
the costs of any action or proceeding, and
including the full amount of any
compensation, indemnification, or cost of the
removal or abandonment of any property or
other costs which may be in default, up to
the full principal amount of such bond. Such
condition shall be a continuing obligation
for the duration of such franchise and
thereafter until the grantee shall have
satisfied in full any and all obligations to
the City which shall arise out of or pertain
to such franchise. Neither the provisions of
this section, nor any bond accepted by the.
City pursuant to the provisions of this
section, nor any damages recovered by the
City thereunder shall be construed to excuse
faithful performance under the franchise
issued pursuant to the provisions of this
chapter or for damages, either to the full
amount of the bond or otherwise.
"(b) Performance of agreements and undertakings
with subscribers. Upon being granted a
franchise, and upon the filing of the
acceptance required by the provisions of
Section 7-2.10 of this chapter, the grantee
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"shall keep and maintain a continuing cash
deposit of $1,000.00 with the Director of
Administrative Services. The initial deposit
shall be accompanied by a written agreement
providing that if grantee shall fail to
comply with any one or more provisions of any
agreement or undertaking made between the
grantee and any subscriber, any damages or
costs suffered or incurred by any such
subscriber as a result thereof, including
reasonable attorney's fees if the grantee is
at fault and the cost of any action or
proceeding may be recoverable from such
deposit. Grantee shall, moreover, replenish
the aforesaid fund to maintain the minimum
balance at all times.
12. Subsections (a) and (b) of Section 7-2.26, Service
standards, are hereby amended to read as follows:
"Section 7-2.26. Service standards.
"(a) Technical standards. Cable television
systems in the City shall be constructed,
installed, operated and maintained in a
manner consistent with all applicable laws,
ordinances, construction standards,
governmental requirements and Federal
Communications Commission technical
standards. In addition, grantee shall provide
the City, upon request, with a written report
of the results of the annual proof of
performance tests conducted pursuant to
Federal Communications Commission standards
and requirements.
"(b) Continuous operation. Any cable television
system in the City and all the equipment of
such system shall be rated for and provide
twenty-four (24) hour per day continuous
operation, except in instances beyond the
control of the grantee.
13. Subsections (g) and (h) are hereby added to
Section 7-2.26, Service standards, to read as
follows:
"Section 7-2.26. Service standards.
"(g) Standby power. Any cable television system
in the City shall maintain equipment capable
of providing standby power for headend,
transportation and trunk amplifiers for a
minimum of two hours.
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"(h) Security. Any cable television system in the
City shall maintain adequate security of all
headend, hubsite and other equipment so as to
maintain systemintegrity and prevent
vandalism. Such equipment should be fenced
or secured in a manner acceptable to the
City.
14. Subsections (4) and (7) of Section 7-2.28,
Subscribers: Rates and charges, are hereby
amended to read as follows:
"Section 7-2.28
Subscribers: Rates and charges.
11(4) Preliminary hearings: Notices. If so
directed by the Council, the Cable TV
Board shall issue a written notice
fixing and setting forth the day, hour,
and place certain when and where any
person having any interest therein may
appear and be heard.
"The City Clerk shall cause such notice
to be published. The City Clerk shall
also cause such notice to be posted at
the designated official posting places
within the City. The City Clerk also
shall cause a copy of such notice to be
mailed to any grantee at least ten (10)
days prior to the date specified for the
hearing, as well as to civic and
community organizations.
"(7) Resolution of intention. After the
expiration of ten (10) days following
the receipt of the report and opinion of
the Cable TV Board, and if no objection
has been filed thereto, the Council
shall determine whether to adopt the
opinion or to hold a further hearing and
shall pass its resolution of intention
to do so, describing and stating any
rates or charges to be changed, the
reasons of the Council therefor, and
fixing and setting forth a day, hour,
and place certain when and where any
person having any interest therein may
appear before the Council and be heard.
Such resolution shall direct the City
Clerk to publish the resolution at least
once within ten (10) days after the
passage thereof and to post such
resolution at the designated official
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"posting places within the City. The
City Clerk may also be directed by the
Council to arrange for airing of the
resolution on one local community TV
channel between the hours of 7:00 p.m.
and 9:00 p.m. for five (5) consecutive
days prior to the hearing. In addition,
the City Clerk also shall cause a copy
of such resolution to be mailed to the
grantee and to community and civic
organizations in the City at least ten
(10) days prior to the date specified
for the hearing thereon.
15. Subsection (d) of Section 7-2.29, Subscribers:
Complaints, is amended to read as follows:
"Section 7-2.29. Subscribers: Complaints.
"(d) Credits and refunds. In the event of service
interruption or individual subscriber
complaints where the signal quality fails to
meet the technical standards established by
the Federal Communications Commission, except
when caused by circumstances outside of the
grantee's control, such as fire, earthquake,
riot, power failure, and other similar
circumstances, the grantee shall credit or
refund to the affected subscribers, upon
verbal or written request, an amount equal to
10% of the monthly fee for each day or
fraction thereof of such system or signal
failure in excess of twenty-four (24)
consecutive hours beginning from the time
such failure is reported to the grantee. The
restoration of service in cases of
circumstances out of the control of the
grantee shall be completed as soon as
possible.
16. Subsection (e) is hereby added to Section 7-2.29,
Subscribers: Complaints, to read as follows:
"(e) City procedure for handling complaints. It
shall be the grantee's responsibility to
resolve subscriber complaints; however, when
the City is called on to help resolve a
complaint the following procedure will be
used.
"(1) Upon receiving a complaint, the City
will notify the grantee as soon as
possible of the circumstances. The
grantee will respond to the City within
twenty-four (24) hours of the actions
taken or to be taken.
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11(2) If complaints have not been resolved
between grantee and subscriber and a
request for resolution has been received
from either party, the Director of
Administrative Services shall forthwith
notify the respondent of the nature of
the complaint or controversy, and the
solution sought. Such notification
shall be made in writing and shall
require the respondent to reply within
twenty-four (24) hours after receipt.
"If satisfactory resolution has still not
resulted, either party may request a
conference before the Director of
Administrative Services who shall hear
the matter and arbitrate the dispute.
"Either party may ask to review the
decision of the Director of
Administrative Services and ask for an
informal conference before the City
Manager.
"(3) The Director of Administrative Services
may also impose a penalty of up to
$200.00 for any occurrence giving rise
to the complaint. This shall be at his
sole discretion and funds for the
penalty shall be taken from the security
deposit established in Section 7-2.22.
If a penalty is levied, the grantee will
reimburse the security fund within 30
days.
"(4) In the event that the decision of the
Director of Administrative Services is
not satisfactory to either party, either
party may request that the complaint be
reviewed by the City Manager as
authorized in Section 7-2.16(e).
_ 17. Subsections (a) and (d) of Section 7-2.33, Equal
opportunity employment: Affirmative action, are
amended to read as follows:
"Section 7-2.33. Equal opportunity employment:
Affirmative action.
"(a) In carrying out the construction,
maintenance, and operation of the cable
television system, the grantee shall not
discriminate against any employee or
applicant for employment because of race,
creed, color, sex, age, or national origin.
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"(d) The grantee, -in all solicitations or
advertisement for employees placed by or on
behalf of the grantee, shall state that all
qualified applicants will receive
consideration for employment without regard
to race, creed, color, sex, age, or national
origin.
SECTION 2. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 3. City Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause same to be posted at the duly designated
posting places within the City of San Juan Capistrano within
fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 6th day of
October 1 1983 , by the following vote, to wit:
AYES: Councilmen Friess, Buchhdim
Schwartze, and Mayor Bland
NOES: None
ABSTAIN: Councilman Hausdorfer
ABSENT: None
ANTHONY L. BLAND, MAYOR
ATTEST:
J
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF- SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Ordinance No. 494 , which was
introduced at a meeting of the City Council of the City of San
Juan Capistrano, California, held on September 20-r 1983 and
adopted at a meeting held on October 6th , 1983
(SEAL) ,ji 2-,,Y1,
MARY APW HANOVER, TY CLERK
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Z by
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
and says:
AFFIDAVIT OF POSTING
MARY ANN HANOVER, being first duly sworn, deposes
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 79-2-21-7 and on the 7 th day of October , 1983
she caused to be posted:
ORDINANCE NO. 494
being: CABLE TELEVISION SYSTEMS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 7, CHAPTER 2, OF THE
SAN JUAN CAPISTRANO MUNICIPAL CODE ESTABLISHING
RULES AND REGULATIONS FOR CABLE TELEVISION SYSTEMS
in three (3) public places in the City of San Juan Capistrano,
to wit: The Administration Building; The San Juan Hot Springs
Dance Hall; The Orange County Public Library.
CHECK LIST
ORD. NO�RES. NO............
........
,Mayor has signed
....
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Clerk has signed
............ City Seal stamped
.._.✓_ All blanks typed in /-/ �A•n
.Absent" ---.................................__._.....
"Noes .............. -- ---- ------------------- --- -
------- .----- Typed in Official Record Book
....... ....... Posted to Classified Cards
Copies sen[UY-Ic%I�r<�-
....... I ....................................
Legal Publication ordered to be published
(date).--................_._...........-------------.....---`
No. Affidavits ----- .-------_.
No. -Printed copies required ----------- _..._------
Remarks V�------------------------------ -------
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.......!0...1�........ ------------ ----------- -----
MARY ANN HANOVER, CITY CLERK
San Juan Capistrano, California
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