Loading...
HomeMy WebLinkAbout06/09/1981City Council Minutes June 9, 1981 - 7:00 p.m. Page Two 1. Report of Activities of Standing Council Subcommittees: A. Area Council of Governments Mayor Billig reported that Councilwoman Dovey.would be sitting in her place on COG from now on. On transportation, she reported on three system changes in the county, the first being a trial program to be evaluated in one year. She said the second service will be from Paso Robles to Templeton, and the last would be an expansion of the handicapped system. With respect to Outer Con- tinental Shelf drilling, she reported that they have been investigating par- ticipating in the suit along with the city of San Luis Obispo and other counties and cities in the state. Another item was a study item brought up to the council relating to hazardous waste. She said that there has been no coordin- ation between the county and the cities so COG was looking into ways of coordin- ating the hazardous waste problem. She reported that COG was concerned about what the city wanted to do with respect to the Los Osos Valley Overpass. She said the council must decide if they want to have the overpass and if so Mayor Billig said she would make suggestions about funding at that time. She reported that the city has gotten the 100 percent grant for monies for the three new vehicles for the bus system, and that next year the Reagan Admini- stration still says they are interested in funding capital improvements and costs, which is very important for the city. B. C.C.C.J.C. Councilman Bond reported that this coming Thursday.there will be a meeting to give out the grant monies under criminal justice. He said that by October and November there will no longer be a criminal justice planning program, therefore all regional criminal justice planning committees will cease and desist. He said in December there would be a special meeting to form a (2) county commi- sion in order to keep in touch and exchange ideas even though the federal monies stop. C. County Water Advisory Committee Mayor Billig reported that they haven't had any meetings to speak of, but said it was important to note that Santa Barbara has cut back and there was a high probability that they wouldn't go with the State Water Project. She felt that the city should be taking a look at Nacimiento and that with Vandenburg expand- ing there might be an impetus to back the State Water Project; that the longer the city waits the more expensive it gets. D. North Coastal Transportation Councilman Settle reported that on May 20 the North Coastal Transportation met to continue on the grant to purchase an additional bus using Section 18 funds mentioned earlier. E. Parking Committee Councilman Dunin reported that he has attended half of their meetings and that nothing has changed in their approach at this point, and that at the next meeting they will have the recommendations from the council and will report then. F. Whale Rock Committee Mayor Billig reported-that on June 26 there will be a dedication of the phasing program and that invitations have been sent out to the various state agencies and dignitaries. She said that they are looking at hydro - electric program for Whale Rock and at the water that is currently discharged to the people below the dam. She said that it will basically be funded by the state as a project for experimentation to try to sell to the other entities. She said that on June 26 there will be a Whale Rock meeting at which time there will be dis- cussion about the water allocations and the particular use by various agencies, especially over -use. 1 F_J 1 1 City Council Minutes June 9, 1981 - 7:00 p.m. Page Three G. Zone 9 Advisory Committee Councilman Dunin reported that the Zone 9 Advisory Committee meets bi- monthly, that there has been no meeting since the last council meeting.so there will be no report to the next meeting. 2. Council to confirm appointment of Jack Whitehouse to f to the B On motion of Councilman confirm the appointment expire 11/1/82. Passed 3. Settle, of Jack on the sory Board. seconded by Councilman Dunin, that the council Whitehouse to.the BIA Advisory Board, term to following roll call vote: AYES: Councilmembers Settle, Dunin, Bond, Dovey, and Mayor Billig NOES: None ABSENT: None Public hearing to subscriber rates. Sonic Cable TV to Geoff Grote, Legal Assistant, reported that the council has received a letter from a citizen influencing a Spanish Television Channel and also received a letter from an organization called Western Translators interested in FM radio. He said that the representatives may wish to speak to those issues, and that the council has also received copies of the proposed recommended rates. Councilman Dunin said introduction of part since the rates will qualify himself. he would like the council to consider negotiating for an of a whole channel in the Spanish language, and added that directly involve him as an apartment owner he would dis- Mayor Billig declared the public hearing open. Robert Tait', 177 Paso Robles, found.that there was a question concerning some increase of 14.28 percent, and also an increase in the tax an additional 5 per- cent. He felt there was a question as to whether or not it should be submitted to the council. He said that if the city has the power at this time to increase the tax, it will give them an increase of $97,000 per year. Additionally, since the cable company also operates HBO from which the income should be considered because it is over the network that has the franchise. He didn't think we should be contributing to inflation by allowing excessive profits. - He-added that when the company first started they.required a $10 deposit from every subscriber and they have retained that since 1974 indicating that if you were to take the income from a possible estimate of subscribers they would have had $950,000.in the bank drawing interest from which the people would receive no benefit. He felt that it was-up to the city to make certain that the company's profits are not excessive and that they receive a reasonable return for their whole operation including.HBO, and that a 14.28 percent increase was hard to justify for any business. Ray Juaregi, 2280 Santa Ynez, speaking for the Spanish- speaking community, provided some insight as to why this development was important to the community. He felt that the Spanish - speaking community should have some representation, and said that Cuesta College and the other schools would take advantage of Spanish TV .programs. He. said -it'�woul& -not sdffice to:give_the. raise. iri7 benefits and then draw the line and exclude the Spanish stations, because it was an entertaining and cultural mode not only for the older citizens. but also for the children who want to be bi- lingual. Russ. Kimmell, 1351.Royal Way, referred to a letter from Western Translators, Inc. dated June 5, 1981, an organization in the business of providing Christian radio programming. He said that the group has financed the technical equipment to bring the Christian programming into the area, but that Sonic has refused City Council Minutes June 9, 1981 - 7:00 p.m. Page Four to put the San Francisco radio station on the cable. He was not.opposed to _ the rate increase, but urged the council to be concerned with seeing that Sonic Cable acts in the interest of the community and to also take into consideration that there is no FM Christian programming put across their cable. He felt that', putting the FM programming onto the cable would preclude further rate increases in the future because of the number of subscribers they would pick up. He asked the council to urge Sonic to consider a request:of the_ community to process the San,Francisco- KEAR.FM translator station onto th_e_ _ cable. - -- Norman Johnson, 1206 Murray Street, stated that he was mainly interested.in the educational aspects and believed that through improvements of.their amplifier system that Sonic has greatly improved their signal capabilities. He urged the council to consider the rate increase, the.quality and education benefits so that more channels would be brought in for education. He said that the local schools and the other institutions would have access to the cable and that possibly two -way capabilities can be brought into the community. Manual Limon requested that the City Council consider the franchise include the delivery of Channel 34 because the addition of that channel would be gratefully received by the Spanish- Mexican community. Don Smith wanted to see more public TV and recommended that the council be careful about granting a rate increase without getting better service. He felt that a 35 or 37 percent increase was too much. Mr. Lara, 280 Warren Way, stated that he has been a.subscriber to cable TV for the last 12 years and has spent a lot of time watching Spanish- speaking channels. Although Spanish- speaking people make.up a large segment of the community, he felt that a Spanish- speaking channel as.part of the public pro- gramming would be an appreciated community service both for.English- speaking I as well as Spanish- speaking people who would like to see some other channels other than the channels that they are accustomed to seeing. Mrs. Maxine Lewis spoke on behalf of Sonic Cable TV. She felt that their ser- vice was very beneficial in the county especially for seniors who are home- bound and also for.the children who benefit from the educational channels. Sheasked the council to consider the rate increases. Louie Acala, Grover City, felt that he understood the needs of Channel 34 and urged the council to be more sympathetic to the requests of the community. Charles Long, representing the Village Motel.and Trailer Park and also the Motel -Hotel Association, felt that a 43 percent increase in 12 -18 months was quite drastic. Even though the service has improved he felt that type.of increase was quite substantial. Jess Norris said he appreciated Cable TV but did not think that they deserved an increase stating that the theory was that Cable TV in essence gets an increase in revenue every time they get a new subscriber. He felt that their costs were to a large extent fixed and that by getting more subscribers they get more money to operate on. Frank Lanzone urged the council, not to_make"aiiy decision concerning rate._. increases without regarding programming because he would hate for the council to make decisions about his program. He commented that Sonic seems to, be the bad guy and speaking from his personal experience he felt that Sonic and Chris Cohan had brought them through tough times. Tom Butch, Sonic Cable TV, stated that the last time the City Council.granted a rate increase was in 1974. He read a letter from Chris Cohan, Sonic Cable TV, to the City Council dated July 3, 1980 outlining the rate increase request and asking for early approval of the rate schedule. A summary of Rate Schedule "A" follows: City Council June 9, 1981 Page Five CONNECTION CHARGES 1. Residential a. Primary Outlet $15.00 b. Additional Outlet n/c (installed at same time as primary) c. Additional Outlet 15.00 (installed separately) 2. Commercial a. Primary Outlet 15.00 b.. Additional Outlet n/c C. Additional.Outlet 15.00 (installed separately) RELOCATION CHARGES $15.00 MONTHLY SERVICE CHARGES Minutes . -.7:00 p.m. Tom Butch discussed the prospects of Channel 34 stating that they have made no commitment, are looking at other serivices and that they would have to look at the requirements. As a timetable, he did not know when the channel would be offered on the system. Bill Hendricks, 299.Hermosa Way, called attention to the opening statement in the letter from Sonic Cable TV that says that they have not approached the council about a rate increase since 1974. Since Sonic was not talking about $8.00, which was a 43 percent increase, he felt that was a slipping kind of remark since they opened the letter by saying they have not approached the. council since 1974. Manuel Hernandez, 1168 Brighton, Grover City, spoke against the increase and __ on the educational approach that Chanael:34::may make to the area He urged__ , the council to keep in mind the needs of the Spanish- speaking community in the area. Mavor Billig declared the public hearing closed. Mayor Billig stated that the basic issues the council was considering tonight were: 1) the rate increase itself and what is appropriate for various categories; 2) the quality of service; 3) the franchise fee which is currently 4 percent - question of whether to raise that; and 4) the issues of programming. 1. Residential a. Primary Outlet 8.00 b. Additional Outlets - each 1.50 2. Commerical a. Each Dwelling Unit 6.95 b. Additional Outlets - each 1.50 c. Motels - 50% occupancy factor of commercial rate On a question from Councilman Bond, Tom Butch explained why there was not a ' Spanish- speaking channel at the present time. He said that there was a problem in that the Spanish - speaking channel is delivered to Cuesta Peak which is their distribution site. He continued that the microwave at Cuesta does not have channels at this point and in order to provide would require a modification of the license with FCC, which would be an approximately $18,000 investment and monthly recurring charge to that channel would be $2,000 a month. He stated that he would be happy to review it further. He hoped that the council's consideration of the request for a rate increase would be confined to the need for increased revenue. He said that it was essential that the rate increase be granted to cover both the additional operating costs that have been incurred in order to continue to expand and improve facilities and add channels.as they become available for distribution. Tom Butch discussed the prospects of Channel 34 stating that they have made no commitment, are looking at other serivices and that they would have to look at the requirements. As a timetable, he did not know when the channel would be offered on the system. Bill Hendricks, 299.Hermosa Way, called attention to the opening statement in the letter from Sonic Cable TV that says that they have not approached the council about a rate increase since 1974. Since Sonic was not talking about $8.00, which was a 43 percent increase, he felt that was a slipping kind of remark since they opened the letter by saying they have not approached the. council since 1974. Manuel Hernandez, 1168 Brighton, Grover City, spoke against the increase and __ on the educational approach that Chanael:34::may make to the area He urged__ , the council to keep in mind the needs of the Spanish- speaking community in the area. Mavor Billig declared the public hearing closed. Mayor Billig stated that the basic issues the council was considering tonight were: 1) the rate increase itself and what is appropriate for various categories; 2) the quality of service; 3) the franchise fee which is currently 4 percent - question of whether to raise that; and 4) the issues of programming. City Council Minutes June 9, 1981 - 7:00 p.m. Page Six Councilwoman Dovey felt that the proper time to consider the programming would be with the discussion of the franchise itself and not in a rate increase discussion. She wanted the issue to be decided on the basis of real_ information on SLO tty because only that was within the council's purview; information to include figures.on how many people need or desire a particular kind of program. Councilman Bond agreed that the proper time to address the addition of the other channels would be when the council discusses the franchise. He thought that as a distributorship they should look more toward the Spanish- speaking community for the fact that it would increase the amount of people that would subscribe; therefore the company would make more money. He felt the same way about the Christian programming and said that the people would have to.lobby more. He thought that the quality of service was good and was getting better and didn't have a problem with granting the increase. He agreed with Councilwoman Dovey that the franchise fee should not be discussed at this time. . Councilman Settle stated he would support the interim increase of the rate to $7.00 or $8.00. He thought the level of service was good, and was disappointed that Cable TV has made no effort to do any market studies of the Spanish- speaking community. He wanted to see the channels increased because people would be very supportive of that. He felt that Sonic deserved a reasonable profit on their investment and rate adjustments for their service, seeing that efforts have been made to further expand. He reiterated that he was a supporter of such things as the educational TV stations and was in favor of the interim rate increase. Mayor Billig stated that both studies demonstrated that some kind of rate in- crease was justified. She commented that the programming should not be dis- cussed until the franchise is discussed. She would go along with a rate in- crease and felt strongly about the fact that Sonic should be making a con- sistent and concerted effort with respect to the quality of service. On a question from Councilman Bond as to the next time the franchise will be discussed, Geoff Grote indicated that there.were other methods to terminate so he couldn't guarantee that it would be 15 years. After discussion of the rates, it was moved by Councilman Settle seconded by Councilwoman Dovey, to raise the cable TV rates as follows: $7.50 for residential units; $1.50 for additional outlet; $7.00 drop fee + $2.80 per unit for apartments, trailers, motels, and hotels with a review of the rates in two years. Passed on the following roll call. vote: AYES: Councilmembers Settle, Dovey, and Mayor Billig NOES: Councilmember Bond ABSENT: Councilmember Dunin Council's comments on the issues regarding programming, quality of service, and the franchise fee follow: Councilman Bond felt that the subscribership would go up and the community would be happy if the educational and Spanish- speaking stations were increased along with the other religious network. Councilman Settle would support the Spanish- speaking station and Western Trans- lators if possible, felt that the current service was unsatisfactory, and with regard to the franchise fee he wanted to see 5 percent but would com- promise at 411 percent. Councilwoman Dovey wanted to see some sort of survey on the various numbers of people in a certain segment that want a particular type of programming, and asked that the company keep in touch with the council in that regard. She supported raising the franchise fee to perhaps 41� percent and would consider 5 percent in a 2 -year rate increase consideration. 1 1 1 City Council Minutes June 9, 1981 - 7:00 p.m. Page Seven Councilman Dunin stated that Sonic should consider the amount of people in- terested in a Spanish- speaking channel as soon as it was practicable and the company should decide which channel they want to bring in from Monterey. He felt the educational channel was good but said that there were a lot of reruns on the other channels and suggested that if it was in their power that the company select other channels which are of better quality. With regard to Western Translators, he thought that the company should make their decision from the standpoint of the practicality and to report to the council on how they would be able to handle from a technical point of view. Since the franchise was a 15 -year franchise and would run out in 12 years and if the company would voluntarily agree to the change in the franchise agreement, he would settle for 411 percent and would consider 5 percent. Mayor Billig felt that Sonic should resolve the programming issue with sensi- tivity to the two groups who have spoken. She could support 41� percent on the franchise fee and would have difficulty in going to 5 percent. On motion of Councilman Settle, seconded by Councilwoman Dovey, that staff be directed to negotiate with Sonic Cable TV to adjust the franchise fee from 4% to 41�%. Passed on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Billig NOES: Councilmember Bond ABSENT: None 4. Revised Zoning Regulations Public hearings to consider the following: A. Consideration of certification of the final environmental impact report; and B. Consideration of adoption of new regulations. Henry Engen, Community Development Director, stated that the Zoning Regulations were last on the agenda in early May of this year and that this evening the public hearing would be on the text of the Zoning Ordinance. He continued that the project first went to the Planning Commission in November of 1979 with a staff draft of the Zoning Ordinance which would bring the text in compliance with the General Plan. In 1977, following adoption of the General Plan, the text was not fully amended to bring it into compliance. An EIR was required of the draft as modified by the Planning Commission in 1980. He said that one of the actions that would ultimately be required would be to certify the EIR as complete and that there were several other actions that the council should consider once they are satisfied with the zoning text dated June, 1981 and titled "Zoning Regulations, City Council Hearing Draft." Mayor Billig:.declared::the_:public-meeting open. Charles Long, Motel-Hotel Association, was interested in the parking require- ments coming up for motels for new construction. It was his understanding that the requirements were for two spaces for the manager's quarters, one space for motel units, and one space for staff. He felt that the spaces required for staff were not needed because staff doesn't come to work till 9 o'clock in the morning and by that time 20 to 30 percent of the motel tenants have left already. This would be a great waste of land to a non - producing use, and said that businesses have to put to use every bit of land and space to create income to keep ahead of expenses. He recommended staff parking should be deleted from this requirement. Jess Norris was in favor of the ordinance requiring one space for each motel unit. He questioned the need for two'spaces-for the manager, since managers live on the premises and most have one car. He was concerned about the one staff space for each ten units. He thought that motels were different than some City Council Minutes June 9, 1981 - 7:OO p.m. Page Eight other businesses because the maids are generally there when-the customers-=_ are not there, and felt that additional spaces were not needed for maids. Mayor Billig..declared;'the_ piublic:.,.hearing: closed. Mayor Billig stated that the actions before the council tonight were: 1) to ' certify the EIR; 2) pass the Zoning Ordinance; and 3) give direction regarding the C -C map and the historical overlay zone, and also to make sure that the parking standards become effective at the same time that the ordinance does, so the staff, council, and people don't find themselves in a bind. The council reviewed the Zoning Ordinance page by page, agreed to delete the "one space per ten from requirement" parking requirement for hotels and motels, reviewing the definitions, inserting and deleting wording changes where appro- priate, and coming to consensus on the items discussed in the document. Because of the late hour, it was moved by Councilman Bond, seconded by Council- woman Dovey, to continue the discussion of the zoning regulations to the Friday, June 12, 1981 noon council meeting, following budget session. 5. Advanced Planning Work Program Council to review the Advanced Planning Work Program for fiscal year 1981 -82. This item was continued to Monday, June 15, 1981 at noon as part of the Community Development Department budget discussion. There being no further business to come before the council, the meeting was adjourned at 12:40 a.m. to Friday, June 12, 1981 at 12:10 p.m. Pamela Voges, Acting City Clerk , APPROVED BY COUNCIL ON: /VIA/ B "Olivia Grande, Recording Secretary 8/4/81 ---------------------------------------------------------------------------- - - - - -- M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO FRIDAY, JUNE 12, 1981 - 12:10 P.M. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA unii rail Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Allen Settle, and Mayor Melanie Billig Absent: Alan Bond City Staff Present: Lee Walton, Administrative Officer; Pamela Voges, City Clerk; Henry Engen, Community Development Director; Rudy Muravez, Finance Director; Richard Minor, Fire Chief; Geoff Grote, Legal Assistant; Jim Stockton, Parks & Recreation; and Olivia Grande, Recording Secretary.