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HomeMy WebLinkAbout06/17/2008, PRESENTATION - PRESENTATION OF THE COUNTYWIDE VECTOR PROGRAM BENEFIT ASSESSMENT council Mw,Du 611-2008 j acEnoa Repom 5Z11,0 ,o,1 CITY OF SAN LUI S OBI SPO FROM: Shelly Stanwyck, Assistant City Administrative Officer Prepared By: Neil Havlik, Natural Resources Manager SUBJECT: PRESENTATION OF THE COUNTYWIDE VECTOR PROGRAM BENEFIT ASSESSMENT CAO RECOMMENDATION Receive a report on the Countywide Vector Program Benefit Assessment and appoint Natural Resources Manager,Neil Havlik to represent the City on a countywide committee. DISCUSSION Background Since 2004, the City has had a policy advocating for a countywide vector control district for additional mosquito abatement and pest control. Most recently, on November 19, 2007 (Attachment 1), and on behalf of the Council, Mayor Romero provided a letter to the Board of Supervisors indicating the City's continued support for such a district. County Response to Grand Jury Report The 2006-07 Grand Jury issued a Report recommending that the Board of Supervisors consider conducting an information campaign informing residents of the need for and benefits of a mosquito abatement and pest control special assessment district. As a result the County conducted a Vector Control Program benefit assessment. Voters were surveyed to determine the likelihood of success for the passage of a special assessment to provide funding for a vector control program. Over fifty percent of those surveyed supported such an assessment. Those surveyed also established top priorities for services ranging from testing and responding to disease outbreaks associated with rodents, ticks, or fleas to reducing mosquito populations. Health Agency Presentation In preparation of a Countywide ballot measure to create this benefit assessment the County Health Agency is providing a summary presentation to local agencies. Curt Bateson, Director of Environmental Health for the County will make a presentation to the Council summarizing the Agency's survey results and describing the anticipated steps necessary to successfully accomplish the formation of such an assessment district. Following this presentation, a community Citywide Tourism Business Improvement District Page 2 committee will be formed. The County has requested representation from the City and staff recommends that Neil Havlik, Natural Resources Manager serve as the representative on this technically focused committee. ATTACHMENTS 1. November 19, 2007 Letter from the Mayor 2. April 1, 2008 County Board of Supervisors Report 00so ATTACHMENT 1 Clt O SAn PIIS OBIS y p0 OFFICE OF THE CITY COUNCIL 990 Palm Street ■ San Luis Obispo,CA 93401-3249 ■ 8 051781-711 9 November 19, 2007 Chairperson Jerry Lenthall Supervisor K. H. Achadjian Supervisor Bruce Gibson Supervisor Harry Ovitt Supervisor James Patterson County Board of Supervisors County Government Center San Luis Obispo, CA 93408 Dear Chairperson Lenthall and Members of the Board of Supervisors: It is my understanding that at its meeting of November 27. 2007, the Board of Supervisors is slated to discuss the following Grand Jury recommendation: The Board of Supervisors should consider conducting an inforinational cainvaign infornting residents of the need for and benefits of additional mosquito abatement and hest control,followed by a voter suuvev to deternu.ne the likelihood that a special assessment would be passed by 2/3 of the voters. The City of San Luis Obispo has long advocated the formation of a vector control district for additional mosquito abatement and pest control and continues to support its formation as of this time. I am enclosing for your information a letter dated September 1, 2004, and Resolution No. 9602 (2004 Series), which the City previously had sent to the Board requesting the formation of such a district. I plan to appear and testify at the November 27`h hearing. Sincerely yours, David Romero Mayor Enclosure G� LY off. (\ ATTACHMENT 1 . 444 o cityo san tuts oBispo OFFICE OF THE CITY COUNCIL (/Is/ S 0 990 Palm Street ■ San Luis Obispo, CA 93401-3249 a 805/781-7119 September 1..2004 Chairperson Harm Ovitt Supervisor Shirley ; ianchi Supervisor Peg Pinard Supervisor K. H. Achadjian Supervisor Alike Ryan County Board of Supervisors County Government Center San Luis Obispo. CA 93408 Dear Chairperson Ovitt and members of the Board of Supervisors: On August 31, 2004, our City Council held a special meeting to discuss mosquitoes, particularly in the Laguna Lake area, and the overall Nest Nile Virus problem. The County's Public Health Director, Dr. Gregory Thomas, was very helpful to our staff in preparing for the meeting and in presenting the information to the Council. Our Council approved the attached resolution, asking that the San Luis Obispo County Board of Supervisors support the formation of a vector control district. As you know, we are one of the few counties in the State without the protection of either a mosquito or vector control district. While you may have had good reasons for the earlier deferral of district consideration, with the presence of West Nile Virus, we. feel strongly that the time has arrived for action. In recent months, our respective staffs' have worked collaboratively to address the mosquito problem at Laguna Lake due to the potential health hazards involved. Traditionally, however, public health has been the responsibility Of County government. Unfonunately, as we know too well. State takeaways and other fiscal pressures have caused mann counties to retrench, or totally withdraw, from traditional county responsibilities. Therefore. while we recoaniie that the County cannot simply launch a new, major program with your already strained general fund. Your- Board can make the decision to bring this issue to voters. We believe that voters, given the choice and enough information, will support providing you with the resources needed to fulfill your public health mission as it relates to mosquitoes and other health related pests. Therefore, the San Luis Obispo City Council respectfully requests Board action to place a vector control district— or at least a mosquito control program assessment measure—before the voters of the County at the earliest possible time. Even with timely action on the part of the Board and subsequent voter approval, the City is concerned that we are already late in addressing the West Nile problem. In the meantime, we continue to appreciate the efforts of your staff and we will continue to work collaboratively with them with the resources now available to us. Sincerely yours, David Romero Mayor. cc: City Council. Dr. Gregory Thomas, City Staff Distribution C ATTACHMENT 1 RESOLUTION NO. 9602 (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING THAT THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS SUPPORT THE FORMATION OF A VECTOR CONTROL DISTRICT WHEREAS, it has been found that the disease West Nile virus, a serious threat to [fie health of our community, has been discovered within San Luis Obispo County; and WHEREAS, West Niie virus has caused the deaths of at least four people with the State of California, and infected over one hundred more; and WHEREAS, the West Nile virus is spread to people and animals by mosquitoes infected with the disease; and WHEIREAS, other health problems associated with mosquitoes and other pests can only be effectively addressed in a regional fashion; and WHEREAS, the Count), of San Luis Obispo is one of the only counties within the State that currently does not have a Vector Control District in place. NO\1', THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the formation of a Vector Control District within the County of San Luis Obispo should have a high priority with the Board of Supervisors and should be authorized for voter approval at the earliest possible time. Upon motion of Council Member Settle, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan. Mulholland and Settle. Vice Mavor Schwartz and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 31" day of August, 2004. Mayor David F. Romero ATTEST: Audrey Ho -r Citv Clerk R 9602 St " LUIS OBISPO COUNT HEALTH A T 0 2 J 2180 Johnson Avenue San Luis Obispo, California 93401-4535 805-781-4719•FAX 805-781-1273 Jeff Hamm _.. - Health Agency Director TO: Board of Supervisors FROM: Jeff Hamm, Health Agency Director dv�b DATE: April April 1,2008 SUBJECT: Submittal of public opinion survey results in continuing response to a 2006-07 Grand Jury Report on the possible creation of a Vector Control Program Benefit Assessment Recommendation It is recommended that the Board direct staff to proceed with a ballot measure to create a benefit assessment that will provide permanent annual funding for a vector control program. Discussion Survey Results and Recommendations On November 27, 2007, the Board directed staff to conduct.a survey and informational outreach to determine the level of support for the development of a benefit assessment that will provide. permanent annual funding for a vector control program. The primary purposes of the survey were to: 1. Evaluate property owners' support, desires and priorities with respect to the proposed vector control program. 2. Measure the relative level of support and priorities of the property owners and voters overall in the area by type of property owner and voter. 3. Measure the level of financial support for the proposed vector control program. The survey presented information regarding the proposed services and an annual rate of assessment for a typical single-family home of$9.80. The actual proposed assessments were independently calculated for each property owner and were based upon property use and property size and the proposed assessment was individually printed on each survey. Examples of typical assessments are as follows: E1-2 4/1/2008 Vector Control Program Benefit Assessment Page 2 of 6 �I 111CHME 2 Property Type Benefit Assessment per year Single Family residence less than one acre $9.80 -Single Family,residence 5 acres $22.15 100 unit apartment complex $162.60 %2 acre office property $27.84 %2 acre retail store $9.80 1000 acre open range land $16.46 20 acre shopping center $392.00 100 acre agriculture property $8.23 Vacant lot $2.94 The survey found the overall weighted support for the proposed benefit assessment to be 53.8% with a margin of error of+1.9%. The margin of error means that there is a 95%certainty that the actual levels of support in the County are between 51.9%and 55.7% average weighted support. A benefit assessment requires a 50%plus one average weighted support for passage. The survey was designed to be predictive in evaluating the support a benefit assessment measure would likely receive in the actual mailed-ballot election. In January 2008, over 10,000 surveys were mailed to property owners within the County. The survey included general information about the funding measure and a questionnaire with an enclosed postage-paid return envelope. Over 2,500 surveys were received from the property owners, representing a response rate of over 26%. Based on the consultants experience with other similar projects, this-response rate is very good. In 2004, a similar survey of property owners in San Luis Obispo County was conducted. The following table shows a comparison of weighted support between the 2008 survey and the 2004 survey. It also shows the percent of vote by property type for the 2008 survey. This comparison shows that the current level of support for the proposed benefit assessment is only slightly less than it was in 2004. Taking into consideration that the 2004 survey occurred after extensive outreach to the community and discussions at the Board and the 2008 survey did not have similar outreach or discussions, the results indicate a core level of support for funding a vector control program at the annual assessment rate of$9.80 per single-family residence. Weighted Support Percent of Vote Property Type 2004 Survey 2008 Survey 2008 Single Family 63.5% 59.1% 63.2% Residential Apartment and 45.5% 44.8% 16.7% Investment Property Business and Industrial 51.9% 39.6% 11.6% Large Property Owners 45.9% 29.9% 2.5% Agriculture, Other 52.0% 53.7% 6.0% Overall 56.2% 53.8% 100% E1-3 4/1/2008 Vector Control Program Benefit Assessment A�ACHMENT 6 Page 3 of 6 R MC In addition to quantifying the level of support and at what annual rate_, the survey results identified the top priorities for services as follows: • Test and respond to disease outbreaks associated with rodents, ticks, or fleas.. e Reduce mosquito populations using environmentally safe approaches. a Improve control of mosquitoes and the diseases they carry: West Nile Virus, Enchephalitis, Dog Heartworm. In summary,the survey found thatdf San.Luis Obispo County proceeded today with a benefit assessment of$9.80 per year for a typical single-family property and the measure was supported by effective outreach to the community, the measure would likely achieve a weighted majority of property owner support. The following recommendations for a benefit assessment ballot to fund the vector control program are: 1. A vector control program funding measure not to exceed $9.80 per single-family residence. 2. The funding measure should be centered on funding a vector control program that uses environmentally safe methods to control mosquitoes/vectors and the diseases they carry. 3. An effective informational outreach focusing on the need for a stable source of funding for vector control services and the need to control mosquitoes and other vectors and the diseases they carry is necessary to educate people about the benefits of a vector control program. Benefit Assessment Ballot Process and Milestones The Health Agency recommends retention of a consultant to conduct a benefit assessment rate analysis,mail out a ballot measure, and provide an engineering assessment report to assist the Health Agency in pursuing a new financing source to fund a vector control program in San Luis Obispo County. The ballot proceeding will be conducted in three phases as follows: Phase 1 —Assessment Engineering This phase identifies the budget for the proposed vector control program and the corresponding assessment rate matrix as well as the benefit assessment methodology. This phase answers the questions What is the benefit assessment for each of the property types? This phase includes an Engineer's Report that meets the requirements of a Proposition 218 ballot proceeding. Phase 2—Assessment Ballot Proceeding This phase includes designing, printing, addressing and mailing the notice and assessment ballots to approximately 100,000 affected property owners. The returned ballots will be tabulated by the San Luis Obispo County Clerk of the Board office. E1-4 4/11/2008 �Vector Control Program BeA�ACHMENT 2 Benefit Assessment Page 4 of 6 Phase 3 —Project Administration This phase includes preparation of the property database, levy, ownership information and other data required for administration of the assessment. This phase also includes updating the assessment rolls and assessments to reflect all changes in the ownership, property type and assessments. It also includes submitting final assessment to the San Luis Obispo County Auditor's office. If the Board decides to conduct a ballot proceeding, details of the three phases will be provided in a formal written proposal of services. The following is a milestone chart that outlines the process for conducting a mail-out ballot: Note: Bolded items are for public hearings with the Board of Supervisors Milestone Date Board authorization to conduct a benefit April 1,2008 assessment ballot measure Board authorization to contract with a September 30,2008 qualified consultant to assist with the process Request support from cities for the benefit November—December 2008 assessment ballot measure Board Update about City status January 2009 PHA: 1 Draft Engineer's Report submitted to February 2009 County Complete Assessment Engineer's Report March 2009 Notification of Public Hearing February 2009 Return to BOS for Public Hearing on 1) March 30,2009 Preliminarily approve budget, assessment rates and Engineering Assessment Report and Resolution of Intention to mail-out ballot and 2) Adopt Prop 218 Assessment Ballot Proceedings EHA'SE Notice and Ballot created and finalized Aril 2009 Print and address notices and Ballots May 1 — 10, 2009 Mail-out ballot to property owners May 11, 2009 Balloting Period (45 days minimum) May 12,2009—June 30, 2009 Public Hearing accepting and closing June 30,2009 mail-out ballots Counting returned ballots Jul 1-13, 2009 Return to BOS for approval of the July 14-31,2009 results and resolution levying assessments for FY 2009-10 if weighted majority support E1-5 4/1/2008 �- ATTACHMENT Vector Control Program Be`hAt Assessment J Page 5 of 6 PHASE-3. Per parcel assessment charges to Auditor's Before August 10, 2009 Office First installment of assessment proceeds January 2010 Environmental Health staff will meet with city officials to request support for the benefit assessment ballot measure. Each city has the option of participating in the vector control program. If a city wishes to not participate in the program, then properties in that city will not be sent a ballot and will not participate in the ballot proceeding and will not receive services from the program. Proposed Vector Control Program (if funded through a benefit assessment) The proposed vector control services will consist of public education, surveillance, abatement, and response to disease outbreaks for all vectors and vector-borne diseases. However, it will primarily focus on mosquitoes, ticks, fleas, and rodents. In response to mosquito-borne diseases such as West Nile Virus, most of the resources would be dedicated to the abatement and surveillance of the mosquito populations as well as public education focused on mosquito-borne diseases. In the future, at the direction of the Health Officer and the county decision.makers, resources may be reallocated to respond to other vectors and vector-borne diseases. The goals of the vector control services are proposed as follows: • Increase public awareness of vectors and vector-borne diseases through public education and outreach. • Conduct surveillance activities to identify the presence of vector species and vector-borne diseases as well as vector population densities and anticipate conditions that would increase vector populations. • Prevention and abatement efforts to reduce vector populations. • Respond to disease outbreaks in a timely and targeted fashion and coordinated with local and state agencies. The vector control program,based on a countywide program, projected levels of staffing, necessary equipment and supplies to carry out the above goals, and overhead costs is expected to cost as indicated in the following table: Description Estimated Costs Salaries $500,000 Services and Supplies $325,000 Overhead $100,000 Total $925,000 E1-6 4/1/2008 P i Vector Control Program BLfit Assessment ^ p �j pI Page 6 of 6 ATTACHMENT 2 Other Agency Involvement/Imnact The Clerk of the Board has been consulted on this matter and will tabulate the returned ballots. In addition,the West Nile Response Task Force consisting of representatives from the Agriculture Department, Animal Services, and State Department of Health Services/Vector Control Branch support the vector control program. Numerous vector control jurisdictions throughout the state including, Santa Cruz,Napa, San Mateo, Kern, Ventura, and others were consulted for information on staffing, budget, and services. Support for the vector control program and the benefit assessment ballot measure to fund the program will be requested from each city. Financial Considerations Staff has obtained cost estimates for the project from a qualified consultant. Estimates are indicated below,broken out into three phases. The third phase, project administration, would only occur if the measure passed. Tabulation of the ballots is proposed to be through the Clerk of the Board. Estimated cost for the tabulation of ballots is $63,000. The three phases of the project are as follows: Phase 1 -Assessment engineering$22,000 Phase 2 -Assessment ballot proceeding including ballot tabulation$165,000+$63,000 Phase 3 - Project administration$30,000 (contingent upon a successful ballot outcome) This cost estimate includes assistance with the planning for the educational outreach campaign. If the Board decides to proceed with the ballot measure,the Health Agency would require General Fund support to finance the three phases identified above for an estimated total of$280,000. If the ballot initiative succeeds,there will be sufficient funds recovered to return the cost of the ballot measure to the General Fund. If the measure fails,we would not proceed with Phase 3 costs, and the County's one-time loss would be $250,000. At the present time a benefit assessment of$9.80 per single-family residence and equivalent rate for other property types is the best estimate to recover the Vector Control Program's estimated annual operating costs of$925,000. Results If approved, the results of this action will be to conduct a ballot measure for creation of a benefit assessment that will provide permanent annual funding for a vector control program. If successful,the ballot measure would accomplish the following: • Provide estimated annual revenues of$925,000 to fund a vector control program. • Return the cost of the benefit assessment ballot proceeding to the General Fund by June 2010. Attachment: Report on Opinion Research and Survey of Property Owners E1-7 4/1/2008 ATTACHMENT 2 SAN LUIS OBISPO COUNTY MOSQUITO AND VECTOR CONTROL PROGRAM OPINION RESEARCH AND SURVEY OF PROPERTY OWNERS FEBRUARY 15,2008 PREPARED FOR: SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS PREPARED BY: S 11 IC11 Consulting Group 4745 MANGELS BOULEVARD FAIRFIELD,CALIFORNIA 94534 PHONE 707.430.4300 FAx 707.430.4319 www.sci-cg.com rv.xC,A� E1-8 4/1/2008 ATTACHMENT2 Page All rights reserved. No part of this work may be reproduced or copied in any form or by any means—graphic, electronic or mechanical, including any photocopying, recording, taping or information storage and retrieval systems — without permission of SCI Consulting Group. SCI Consulting Group 4745 Mangels Boulevard Fairfield,CA 94534 PH: 707.430.4300 FAX: 707.430.4319 SAN LUIS Own COUNTY MOsQurro AND VECTOR CONTROL PROGRAM OPINION RESEARCH AND SURVEY,2008 =' ConsultingGroup E1-9 4/1/2008 ATTACHMENT 2 Page ii TABLE OF CONTENTS LISTOF FIGURES..........................................................................................................:........111 INTRODUCTION.. .........................................................................................................1 PURPOSE........................................................................................................................1 SUMMARY OF RESULTS AND RECOMMENDATION ................................................................1 METHODOLOGY....................................•....•......•.............•...........................................•....2 SAMPLE..................................•.......................................................................................2 DATA COLLECTION METHOD.............................................................................................2 MARGINOF ERROR..........................................................................................................3 BENEFIT ASSESSMENT FUNDING OVERVIEW................::..........................................................4 BENEFIT ASSESSMENT OVERVIEW...............................•...................................................•4 COMPARISON OF BENEFIT ASSESSMENT WITH SPECIAL TAX..............................•.................5 SURVEY RESULTS ADJUSTED TO PROJECT WEIGHTED BALLOT OUTCOME............................6 SURVEYFINDINGS..................................................................................................................7 TYPES OF PROPERTY AND WEIGHTED VOTES THEY HOLD................................•..................7 FIRSTSURVEY QUESTION....................................•...........................................................8 OVERALL SURVEY RESULTS.............................................................................................8 SUPPORT FROM SINGLE FAMILY HOMEOWNERS ONLY........................................................8 OVERALLSUPPORT.......................................................................................................11 OVERALL WEIGHTED SUPPORT BY OWNER TYPE......•......................................................12 SERVICEPRIORITIES......................................................................................................15 RECOMMENDATIONS............................................................................................................17 SAN LUIS OBISPO COUNTY MOSQUITO AND VECTOR CONTROL PROGRAM OPINION RESEARCH AND SURVEY,2008 !ConsultingGroup E1-10 4/l/2008 C C ATTACHMENT 2 Page iii LIST OF FIGURES FIGURE 1—COMPARISON OF PARCEL TAXES AND BENEFIT ASSESSMENTS.................................6 FIGURE 2—WEIGHTED ASSESSMENT BY PROPERTY TYPE—OVERALL........................................7 FIGURE 3—SUPPORT BY RATE,SINGLE FAMILY HOMEOWNERS ONLY........................................9 FIGURE 4—DETAILED SUPPORT BY RATE,SINGLE FAMILY HOMEOWNERS ONLY—OVERALL......10 FIGURE 5-OVERALL SUPPORT BY PROPOSED RATE-OVERALL.........................................:... 11 FIGURE 6-DETAILED WEIGHTED SUPPORT-OVERALL...................................,......................12 FIGURE 7-DETAILED WEIGHTED SUPPORT-COMPARISON WITH 2004 SURVEY....................... 12 FIGURE8-SUPPORT BY AGE...............................................................................................13 FIGURE 9-SUPPORT BY HOUSEHOLD PARTY AFFILIATION......................................................14 FIGURE 10-PROPERTY OWNER SUPPORT LEVEL..................................................................16 SAN Luis OBIsPO COUNTY MOSQUITO AND VECTOR CONTROL PROGRAM "' C —� OPINION RESEARCH AND SURVEY,2008 :ConsuttingGroup E1-11 4/l/2008 C` AURACHMEW 2 Page 1 INTRODUCTION PURPOSE This report presents the findings of a scientific survey of voters and the owners of property located within San Luis Obispo County (the County) conducted by SCI Consulting Group (SCI). The primary purposes of the study were to: a. Evaluate property owners' support, desires and priorities with respect to the proposed mosquito, vector and disease control services. b. Measure the relative level of support and priorities of the property owners and voters overall in the area by type of property owner and voter. c. Measure the level of financial support for the proposed mosquito, vector and disease control services. The survey presented the proposed services and an annual rate of assessment for a typical single family home of $9.80. It should further be noted that the actual proposed assessments were independently calculated for each owner and were based upon on property use and property size, and individually printed on each survey. After a brief overview of the methodology employed in the survey, this report presents a summary of the key survey findings. The survey utilized a mailed survey approach because SCI has found this survey technique to more closely and accurately model actual ballot results for a property owner mailed ballot proceeding. SUMMARY OF RESULTS AND RECOMMENDATION The survey found the overall weighted ballot support for the proposed funding measure for the proposed annual rate of$9.80 to be 53.8°/x. Based on these results, and as described in more detail below, SCI recommends that the County could proceed with a successful funding measure if there will be an organized and active effort to educate property owners about the measure before the ballots are mailed. SAN LUIS Deism COUNTY MosourrO AND VECTOR CONTROL PROGRAM -'—� OPINION RESEARCH AND SURVEY,2008 ConsultingGroup E1-12 4/1/2008 Page 2 METHODOLOGY The survey was designed to simulate the specifics of a property owner weighted ballot proceeding for a benefit assessment in the County. The survey accounts for the unique participant response pool, effect of ballots weighted by proposed assessment amount, one ballot per household and other unique aspects of the benefit assessment ballot proceeding. In this way, the survey results will be predictive in evaluating the support an assessment measure would likely receive in the actual mailed-ballot election. SAMPLE SCI created a randomized, stratified sample pool comprised of property owners in the County. The sample was designed to draw from the property owners who would be eligible to participate in the mailed ballot proceeding for this funding mechanism and in proportion to their representation of property ownership throughout the area. Oversampling for certain types of property owners was also employed. Next, a sub-sample was created from this pool. The sub-sample was designed to test different levels of support at an annual assessment level of $9.80 per single family dwelling. The sub-sample for this research project was created using a randomized, stratified approach designed to replicate the ownership profile of property owners in the County. DATA COLLECTION METHOD Surveys were designed as a mail-based survey to replicate the mailed-ballot proceeding that would be used if the County proceeded with a benefit assessment measure. In January 2008,over 10,000 surveys were mailed to property owners within the County. The survey included general information about the funding measure and a questionnaire with an enclosed postage-paid return envelope.This data collection method closely mirrors the mailed-ballot proceeding and has proven to be highly reliable far predicting the results from an actual benefit assessment ballot measure. Over 2,500 surveys have been received from the property owners, representing a response rate of.over 26%. Based on SCI's experience with other similar projects, this response rate is very good. SAN LUIS OBISPO COUNTY MOSQUITO AND VECTOR CONTROL PROGRAM _ �® OPINION RESEARCH AND SURVEY,2008 ConsultingGroup E1-13 4/1/2008 Page 3 MARGIN OF ERROR The overall statistical margin of error for the results presented in this report is about 1.9%. This margin of error means that there is a 95% certainty that the actual levels of support.in the County are t 1.9%from the results presented in this report. SAN LUIS Oaispo COUNTY MOsourro AND VECTOR CONTROL PROGRAM OPINION RESEARCH AND SURVEY,2008 ConsultingGroup E1-14 4/1/2008 C, ATTACHMENT 2 Page 4 BENEFIT ASSESSMENT FUNDING OVERVIEW BENEFIT ASSESSMENT OVERVIEW As noted, the funding mechanism being considered in this study is a benefit assessment. Benefit assessments are a common local funding alternative for mosquito, vector and disease control services and such assessments have been approved in many other areas in California. Benefit assessments are levies on real property that are based on the °special benefit" each property receives from the mosquito, vector and disease control services to be funded by the assessments. Such assessments for mosquito, vector and disease control services have a long history of use in California. The application of special benefits generally means that the amount of proposed assessment will not be uniform for all properties. Properties that are deemed to receive greater benefit (larger properties and properties with higher numbers of dwelling units) will typically have relatively higher assessments. The benefit assessment is different from other revenue vehicles in its makeup, design, and voter participation. In short, it is charges levied upon parcels of real property to pay for benefits the parcels receive from local improvements and services. The charge is derived from the "special benefit," or a particular and distinct benefit over and above general benefits conferred on real property located in the County or to the public at large. All property owners who would pay the proposed assessments are eligible to vote. Furthermore, the method of voting is through a mailed ballot procedure by which every property owner receives a ballot indicating the total amount of the proposed assessment for their property. The property owners who cast their ballots are voting based on the total dollar amount of their proposed assessment. Therefore, the results are determined by a weighting of total 'proposed assessments of the returned ballots. In order for the benefit assessment to pass, a majority of the weighted amount of the proposed assessments of the returned ballots is needed. In other words, the weighting of assessment ballots is the equivalent of one vote per dollar of proposed assessment. If the proposed assessment is$10 per home and $5.00 per fifth acre for business properties, an owner of a single family home could cast a ballot that is worth $10.00 in weighted votes, and the owner of a business on acre could cast a ballot that is worth half as much, or$5.00 in weighted votes, SAN LUIS OBISPO COUNTY MOSQUITO AND VECTOR CONTROL PROGRAM OPINION RESEARCH AND SURVEY,2008 ConsultingG roup E1-15 411/2008 MACHMENT Page 5 COMPARISON OF BENEFIT ASSESSMENT WITH SPECIAL TAX The primary local funding alternatives for the proposed services are a special tax (parcel tax) or a benefit assessment. A parcel tax is decided by registered voters in the proposed service areas, typically in a one-day election, and it requires 66.7% voter support. As noted, a benefit assessment is decided by all property owners in the proposed service areas, including business owners, apartment owners and agricultural property owners, and it requires a weighted majority support from property owners. In an election to approve a parcel tax, only registered voters are eligible to vote. This includes tenants who will not pay the proposed tax and excludes property owners such as business owners, apartment owners and others who will have to pay the tax. Because non- owner voters have a significant say in parcel tax elections and many other property owners who would pay the taxes are excluded from the voting, the Howard Jarvis Taxpayers Association ("HJTA"), via Proposition 13, established a two thirds (super-majority) requirement for parcel tax elections. Conversely, all property owners being asked to support an assessment, including the owners of businesses, apartments and agricultural property, can vote on benefit assessments, and these property owners have a "say" that is proportional to their proposed assessment. Therefore, because all property owners who own property within the proposed service areas can vote and each owner's vote is proportional to how much they are being asked to pay, the HJTA established a weighted majority threshold for these mailed ballot measures(via Proposition 218). Figure 1 on the next page provides a further comparison of parcel taxes and benefit assessments: SAN LUIS OBISPO COUNTY MOSQUITO AND VECTOR CONTROL PROGRAMF --- OPINION RESEARCH AND SURVEY,2008 _-:ConsultingGroup E1-16 4/1/2008 AnkNOR Page 6 FIGURE 1—COMPARISON OF PARCEL TAXES AND BENEFIT ASSESSMENTS 111121 1111111,111 INI 110111 Who Votes? Registered Voters Property Owners Who Created Requirements? Jarvis Taxpayers Jarvis Taxpayers Election Venue Polling Booth Mail Ballot Election Period 1 Day 45 Days Does Everyone Who Will Pay Get a Vote? No Yes Are Votes Proportional to How Much You Will Pay? No Yes Tax/Assessment Amounts Based on Benefit? No Yes Threshold of Vote Required for Success Super Majority Weighted Majority Common For Mosquito and Vector Control Agencies No Yes SURVEY RESULTS ADJUSTED TO PROJECT WEIGHTED BALLOT OUTCOME This survey was specifically designed to predict the outcome of a benefit assessment mailed-ballot proceeding, including the relatively higher weighted ballots for the owners of larger business and investment properties and the likely participation rates for various types of property owners. Unless otherwise noted, the level of support presented in this study is the projected actual weighted ballot result for the overall measure, including ballots from the owners of residential property, businesses, apartments, investment property and other properties. SAN LUIS OmsPO COUNTY MOSQUITO AND VECTOR CONTROL PROGRAM OPINION RESEARCH AND SURVEY,2008 '.ConsultingGroup E1-17 411/2008 C Oq P`is SURVEY FINDINGS Before discussing the survey findings, it is helpful to review the types of property in the surveyed area and their respective"weighted"votes. TYPES OF PROPERTY AND WEIGHTED VOTES THEY HOLD The following Figure presents the percentage of overall weighted "votes" for each type of property surveyed. As shown, in the areas surveyed, single family residential owners represent approximately 63% of the overall weighted vote, apartment and investment property represents 17%, business and industrial properties represent 12%; agricultural and other properties(which are primarily vacant parcels) represent 6%. FIGURE 2—WEIGHTED ASSESSMENT BY PROPERTY TYPE—OVERALL o Seriesl, Percent of Vote o Series/, Single Agricultural and Family Other,6.0% Residential, 63.2% o Series1, Large Property Owners, o Series1 Business . and Industrial, 11.6% *' Series/, Apartment and Investment Property, 16.7% Note: weighting of assessments and'votes'is based on likely assessment methodology based on experience by SCI. SAN LUIS Osispo COuNTY MOsourro AND VECTOR CONTROL PROGRAM = �' OPINION RESEARCH AND SURVEY,2008 `ConsultingGroup E1-18 411/2008 ATTACHMENT2 Page 8 FIRST SURVEY QUESTION After the potential assessment rates and potential weighted votes were calculated for each property, the survey questionnaire and informational sheets were finalized and mailed. As noted, a postage-prepaid survey and informational document were mailed to a stratified sample of property owners within San Luis Obispo County. In the survey, property owners were first asked whether they would support or oppose a proposal to pay an annual property assessment for the information being presented. The first survey question on the proposed local funding measure was as follows: Question#1 (First Survey Question) In order to: • Improve services to control mosquitoes and the diseases they cant'; • Establish more thorough testing,monitoring, and public education programs for diseases carried by mosquitoes and other vectors(such as rats and ticks) would you support a new annual assessment for your pmperty(s)*in the amount of '(Note the specific amount of proposed assessment for all of the properties owned by each surveyed owner was printed on each survey In the area underlined) OVERALL SURVEY RESULTS SUPPORT FROM SINGLE FAMILY HOMEOWNERS ONLY Figure 3 on the next page summarizes the level of support from single-family homeowners only for the proposed .measure. It is important to note that the percentage of support displayed in these tables does not include other property owners, such as business,vacant and apartment owners. The analysis for single-family homeowners only is presented as an important datum to evaluate levels of support versus other measures, areas,etc. As shown in this Figure, support from single family homeowners overall was 59.1% at the proposed rate of$9.80 per year. SAN Luis Osism COUNTY MOsGurrO AND VECTOR CONTROL PROGRAM OPINION RESEARCH AND SURVEY,2008 ;ConsultingGroup E1-19 4/1/2008 ATTACHMENT 2 Page 9 FIGURE 3-SUPPORT BY RATE,SINGLE FAMILY HOMEOMERS ONLY S.FR Support by Proposed Rate 100.0% --`-- 90.0% i 80.0% 70.0% 59.1°k c 60.0% i CL 50.0% N 40.0% i 30.0% INN i 20.0% i 10.0% 0.0% $9.80 Rate SAN LUIS Own COUNTY MosQURO AND VECTOR CONTROL PROGRAM OPINION RESEARCH AND SURVEY,2008 ConsultingGroup E1-20 4/l/2008 A�ACHME�T � Page 10 Figure 4 below presents further details about the degree of support or opposition from single family owners in the County. This figure shows that many of the property owners are in the "Probably Yes" category. SCI has typically found that such owners will vote yes on the actual ballot measure if clear information about the proposed services is provided and an active opposition campaign does not develop. An equal percentage of respondents were in the "Definitely Yes" and °Definitely No" categories. This indicates that equal numbers of property owners are in strong support or opposition. SCI has found that most often these respondents will not be influenced to vote differenfly on the actual ballot measure. FIGURE 4—DETAILED SUPPORT BY RATE,SINGLE FAMILY HOMEOWNERS ONLY—OVERALL 9 27.1% 32.0% 13.8% 27.1% Detailed SFR Support by Proposed Rate 100% 90% 80% 701/0 D BD/o Y 0 50°/D Sfe.S�1 _ fiy �L 60°/1 IIIIN0000 YY1 �'�.:•s f [ �".61�f�ii�k i r 30 k a,:,rw <. 20% 10°/D 0% $9.80 Rate oDetinitelyYes oProbabyYes oProbablyNo oDefinitelyNo SAN LUIS OBISPO COUNTY MOSQUITO AND VECTOR CONTROL PROGRAM OPINION RESEARCH AND SURVEY,2008 IiConsuitingGroup E1-21 4/1/2008 Page 11 OVERALL SUPPORT As noted, one rate, $9.80 was tested for mosquito and vector control services. Figure 5 below shows the overall level of projected weighted support from all types of property owners at the $9.80 rate tested. Given the overall support is above the threshold of 50%, a ballot measure for an assessment amount at or below$9.80 could be successful if it is preceded and accompanied by an actual educational outreach effort. FIGURE 5—OVERALL SUPPORT BY PROPOSED RATE—OVERALL Detailed Overall Support by Proposed Rate 100°k i 90% 80% 70% e0% 30% 20% 110/0 - 4— $9.80 0% $9.80 Rate oDefinitelyYes oProbablyYes oProbabtyNo oDeflrii IyNo SAN LUIS OBisP0 COUNTY MOSQUITO AND VECTOR CONTROL PROGRAM OPINION RESEARCH AND SURVEY,2008 !ConsultingGroup E1-22 4/1/2008 � �1�ACHM'E�T z Page 12 OVERALL WEIGHTED SUPPORT BY OWNER TYPE Figure 6 provides more detail on the survey findings from all property owners. As shown, the level of support is highest from single family residential and agricultural property owners with support declining among business and industrial and apartment and investment property owners. FIGURE 6—DETAILED WEIGHTED SUPPORT—OVERALL Of Weighted:l 'PL e!jtType . - p Single Family Residential 63.2% 59.1% Apartment and Investment Property 16.7% 44.8% Business and Industrial 11.6% 39.6% Large Property Owners 2.5%. 29.9%. Agricultural and Other 6.0% 53.7% Total 100.0% 53.8% In January 2004 SCI conducted a similar survey of property owners in San Luis Obispo County. Figure 7 below provides a comparison of the overall survey findings from the 2004 survey with the survey findings from the recent survey. This comparison shows that current support for the proposed assessment is only slightly less than it was in 2004. FIGURE 7—DETAILED WEIGHTED SUPPORT-COMPARISON WITH 2004 SURVEY Wei -. Support 2004 '�Uppoi !iProperty Type Single Family Residential 63.5% 59.1% Apartment and Investment Property 45.5% 44.8% Business and Industrial 51.9% 39.6% Large Property Owners 45.9% 29.9%. Agricultural and Other 52.0% 53.7% Total 56.2% 53.8% SAN LUIS OBISPO COUNTY MOsQurrO AND VECTOR CONTROL PROGRAM —� OPINION RESEARCH AND SURVEY,2008 'ConsultingGroup E1-23 411/2008 ATTACHMENT 2 Page 13 Figure 8 presents an analysis of levels of support from property owners by age groupings. This data demonstrates that support for the proposed funding measure increases as the age group increases, with the 65 to 90 age group being most supportive. It should be noted that the 18-29 age group held the smallest number of property owners, so the results for that age group have a higher margin of error. FIGURE 8—SUPPORT BY AGE Support by Rate and Age 70.0% 60.0% U 50.0% 0 40.0% CL C ro 30.0% a 20.0% 10.0% r 0.0% 18 to 29 30 to 39 40 to 49 50 to 64 65 to 99 Age SAN Luis OSisPO COUNTY MOSQUITO AND VECTOR CONTROL PROGRAM OPINION RESEARCH AND SURVEY,2008 =:lConsultingGroup E1-24 4/1/2008 ATTACHMENT 2 Page 14 Figure 9 presents the analysis of levels of support by political party affiliation for households whose owners are registered to vote. This data shows that support is higher among Democrat and Mixed households, and lower among Other and Republican households. FIGURE 9—SUPPORT By HOUSEHOLD PARTY AFFILIATION Support by Political Party and Rate 80.0% 70.0% i 60.0% 50.0% 0 40.0% 0$9.80 a� 30.0% 20.0% 10.0% 0.0% ' D DD MX OR R RR Political Party Source: San Luis Obispo County Registrar of Voters SAN LUIS OBISPO COUNTY MOSQUITO AND VECTOR CONTROL PROGRAM " OPINION RESEARCH AND SURVEY,2008 '='IiConsultingGroup E1-25 41112008 ATTACHMENT Page 15 SERVICE PRIORITIES After indicating their degree of support for the measure, property owners were presented with a list of potential features and arguments for and against the measure, and were asked to indicate the degree to which each feature or argument would persuade them to vote for or against the measure. These questions were asked even of those owners who indicated that they intended to vote against the measure. This ensures that the reaction to the features and arguments reflect the overall community reaction, not dust the reactions of those who intend to vote for the measure. As the figure on the following page illustrates, the top priorities and services, garnering more than 60% favorable responses or better were: ■ Test and respond to disease outbreaks associated with rodents, ticks or fleas ■ Reduce mosquito populations using environmentally safe approaches ■ Improve control of mosquitoes and the diseases they carry.- West Nile Virus, Encephalitis, Dog Heartworm These reactions to the services provide important insight.to the community. The top priorities relate to reducing mosquito and vector populations and the diseases they cant'. The results for all the services, issues and arguments are summarized in Figure 9 on the next page. SAN LUIS Osispo COUNTY MOsouR0 AND VECTOR CONTROL PROGRAM OPINION RESEARCH AND SURVEY,2008 ?ConsuttingGroup E1-26 4/1/2008 � S m ; * 0 L a'; C g CL Ism 0) a z.,. A N J O A, � CL 0 CO) < c y Y LU m W CL W di p zi $ E r a P g $ C2 y p C U K m $ a g O v v ao lL Q > � g. o o p v! 2 ffi a E Ge (L o q € s $ a m x E $ y z .12 r s m 3 m o a o E w °° czm N a B O� _ R a O W a 5 •p pappp o g O coCY m a B Z U J N LULU e "a is O x c 4 p j j 5 Z Y p 9 O o n W z Z ° E = a co O El-27 4/l/2008 ATTACHMENT 2 Page 17 RECOMMENDATIONS The survey respondent pool closely parallels the likely universe of property owners who would probably vote in a mailed-ballot proceeding, and the survey results presented in the Report have been adjusted to account for the projected ballot participation and ballot weighting aspects of a benefit assessment ballot proceeding:Therefore, the overall results presented in this survey should be reflective of the actual weighted ballot outcome from a benefit assessment ballot proceeding, assuming the measure does not receive organized opposition and-the local and national economic conditions remain similar to the.time of the survey. This survey found that if the San Luis Obispo County Mosquito Abatement Program proceeded today with a benefit assessment of $9.80 per year for a typical single family property and the measure was supported by extensive and effective outreach to the community, the measure would likely achieve a weighted majority of property owner support. SCI makes the following recommendations for a benefit assessment ballot to fund the proposed services: 1) Rate Recommendations As noted, based on the findings from the survey, SCI recommends that a mosquito, vector and disease control services funding measure can be successful if the rate is not more than $9.80. Section 3 below lists further educational outreach recommendations td build community support. 2) Controlling Mosauitoes,Vectors and the Diseases they Cann are Top Issues. The top priorities for a local funding measure centered on controlling mosquitoes, vectors and the diseases they carry, as well as the use of environmentally safe methods to do so. This indicates that property owners will support a local funding measure if it is centered on effectively controlling mosquitoes,vectors and the diseases they transmit. 3) Education and Outreach Recommendations. An educational outreach and informational messaging approach is highly recommended. The message focus should be on the need to provide a stable funding source for mosquito, vector and disease control services, and the need to control mosquitoes, vectors and the diseases they carry. SAN Luis OeisPo COUNTY MOsourro AND VECTOR CONTROL PROGRAM 5"1 - � OPINION RESEARCH AND SURVEY,2008 F C:ConsultingGroup E1-28 4/1/2008 C' AITRCHMM Page 18 Following are additional recommendations: ❑ Address the Key Issues and Form a Consistent Message. The County will need to address the key issues controlling mosquitoes, vectors and the diseases they carry, and environmental concerns raised in the survey and form several concise messages to present to the public. These messages should be designed to further educate the public about the value of mosquito and vector control services and the need for funding to continue the County's current level mosquito.and vector control services and to expand future services. The County should also inform residents of all current and future efforts to improve mosquito and vector control services. The outreach effort should also work to increase participation in educational outreach programs.because increased participation and awareness translates into increased support. ❑ Explain that all funds raised will be used locally. The County should include in all messaging a statement that all of the funds raised by this assessment will be used for services and projects in the County, and that none of the money raised can be appropriated by Sacramento or Washington. ❑ Educate the Large Agricultural, Business and Apartment Owners. Most of the votes in a benefit assessment ballot are held by the owners of residential properties. SCI's experience has shown that providing sufficient information and establishing dialogue with the owners of these types of property can translate into higher levels of understanding and even support for the funding measure. These property owners typically require more detailed information in order to make an informed decision on this issue. SCI's experience has shown that with additional information_and.oersonal contacts, such -owners will likely-better understand the .need_ for the proposed. assessment. These owners typically recognize that their property and the local economy benefits from mosquito and vector control services. ❑ Use Media as a Conduit. Work with local media, particularly newspapers, to raise community awareness of the proposed services. Also utilize sections in all available publications to continue the educational outreach approach. ❑ Involve Community Leaders. Identify important community leaders and enlist them to assist with the planning and outreach efforts.. ❑ Make Contact with Community. The most.effective way to build awareness and understanding of a local funding measure is for local volunteers to contact other SAN LUIS OBISPO COUNTY MOSQUITO AND VECTOR CONTROL PROGRAM OPINION RESEARCH AND SURVEY,2008 '.ConsultingGmup E1-29 4/1/2008 ATIACHMENT 2 Page 19 property owners in the area. Such contacts, which can be by phone or in person, are the best way to build support for a local funding measure. a Involve the Community Stakeholders. Community Stakeholders are those who may benefit most significantly from the improved mosquito and vector control services. These stakeholders could include homeowners associations, agricultural associations, seniors, and families with children. Stakeholder leaders will need to communicate the need for improved mosquito and vector control services, within the consistent message,to their memberships. SAN Luis Oaispo COUNTY MOSQUITO AND VECTOR CONTROL PROGRAM OPINION RESEARCH AND SURVEY,2008 :ConsultingGroup E1-30 4/1/2008 CodePink— Women for Peace 3091 Johnson Ave San Luis Obispo, CA June 17, 2009 Mayor Dave Romero 990 Palm St. San Luis Obispo, CA Dear Mayor Romero, We, the undersigned citizens who live here, work here, play here and shop here, wish to make known our deep disappointment and confusion in your refusal to meet with us. Under what extenuating circumstance would you refuse to grant your own citizens 15 minutes of your time? Government is "of the people, by the people and for the people." We are your constituents, the source of your power in office and to us you are accountable. Choosing to not even meet and speak with us as friends and neighbors is both disheartening and disappointing. It is with this ugly disenfranchised feeling that we write this letter, requesting an explanation for your silence. As your staff informed us, it is your policy to refrain from commenting on matters of national politics. Think of the tragedy that would have befallen our country if Dr. Martin Luther King Jr. or Cesar Chavez had shared your perspective. Even our children are taught in school: think globally, act locally. This wrongfully-begotten war in Iraq certainly influences our local economy, as at least $60 million from San Luis Obispo taxpayers has been surrendered to it. When SLO County has a deficit of$18 million, we can use every tax dollar we deserve. Personally, we would hate to inform the families of the two San Luis Obispo County soldiers killed in action that their sons' deaths did not affect their towns. In truth, the U.S. Conference of Mayors has working sessions with topics such as climate change, global competitiveness, military relations and the 2009 White House transition; in.addition to the attendance of both Presidential candidates. Apparently, those attending Mayors certainly do feel,that they affect national politics, why shouldn't you? As for the Resolution Opposing Military Intervention in Iran, it is merely upholding the U.S. Constitution, the Geneva Conventions and diplomacy, hardly a reason for a small-town mayor to refuse to meet with his citizens. Finally, we would like to comment that San Luis Obispo has a strong history of breaking new trails. We were the first smokeless city in the country, among the first to offer curbside recycling, and the City Council and Mayor signed a Peace Resolution in 2003. These progressive and humane traditions contribute to San Luis Obispo's place near the top of desirable cities to invest and do business. With all this in hand, and no further excuse, we believe that you have the ability to lead our City into a wider future. Thank you for your time. With respect, ✓f/f LLQ� �rY�d�LL�aL�st,.lJ �K-e�+�vt�v .liG�'""� Women for Peace To: SLO City Clerk Audrey Hooper Subject: — Official City report to Public Access Board ordering end of violations of Contract with the City of SLO, "discrimination" —Anti-Jewish, anti-minority, etc. "whistleblowers" still punished? —Corrections to report? Dear Audrey, Again, many producers and community leaders following Public Access appreciate the interest the San Luis Obispo City Council has shown to look into and help supervise Charter's Channel 2 Public Access nonprofit, SLOCOPA, or San Luis Obispo County Public Access. I was a Founding Board member in 2005 and elected to a two-year term in 2006, then removed "illegally" in 2007 for being a "whistelblower" and standing up forthe minorities targeted as"ghost producers" by others wanting to keep their low-priority time slots. As you know, the City has the contract or Franchise Agreement" with Charter Communications plus a contract with the nonprofit that advises Charter on how to run Public Access. "Equal aces", non- discrimination on sex, race, religion, etc. are included in contracts like these. In addition to the positive effects your letter to the SLOCOPA Board have had—and the 5-0 vote last year against much of what has been going on in Public Access for years -- many are worried that with the major errors still in the City Staff report that more wrongs will be done using that report. Please consider that Staff may have been provided inaccurate information that can now be easily looked into and corrected. Banned producers have heard nothing from the current Board, meetings aren't announced like they used to be or are moved from month to month to different days of the week, and more. You were there when Acting Chair Sal Espana used vulgarities and hand gesters to producers who stood up to this so far just before the March 2008 Election Meeting. You saw how he changed his list of who was given ballots or even who could vote, and how he spent 20 minutes trying to get the SLO City Police to come in and remove law-abiding members of the public. Lots of documentation or proof is available for you to answer the below the questions or others in the two reports given to City officials over the last month at City Public Comment. People are waiting your answerer. Here are some of the key questions from the City Clerk's report: Regarding the SLOCOPA Board actions over two years or more: 1) When were any banned or accused producers present at a 2007 or 2008 SLOCOPA Board meeting in which they or others accused of serious actions. Who was present when they were banned?What motion was made and what Board members voted to ban other producers? 2) What evidence was ever presented in video records or witnesses against those accused producers in 2007 and 2008? 3) Were any of the 2007 or 2008 Board members on video record or other records doing exactly what they accused others of doing that they then would ban or warn or put on "probation"? 4) Were rules put in placed and enforced only against 2007 and 2008 Board opposition members that changed the outcome of the Board election this year and last? 5) Weren't there more than one unnamed producer with documentation proving the 2008 and, of course, the 2007 Board elections were not fair, "fixed" or fraudulent? 6) How can the City of San Luis Obispo recognize this nonprofit if those claiming to control it haven't followed the Bylaws in years? How can the City of San Luis Obispo recognize this nonprofit Board if it was bold July 3, 2007 to rewrite the convaluted Bylaws, and as of April 2008 announced Bylaws will be rewritten "in six months" to make them more legal?Aren't the Bylaws being rewritten by some of the same people who originally wrote them in secret meetings, banning even producers who were spouses of Board members from knowing what was going on? Regarding Charter Communications local staff: 1) Who is it that the Charter staff you interviewed and referred to in your report were"disruptive" by their "presence"?What occurred and when? Is it true that Charter is on record against only the minorities banned as to Ding "disruptive" or not welcome at Charter vs. the non-minorities on record WITH CHARTER of never being a problem for Charter? 2) Wasn't Charter staff involved in influencing Public Access elections in recent years? Didn't Charter staff"support 100%" the producers you and mediation have shown to be in violation of the City of San Luis Obispo contract, SLOCOPA Bylaws, "censorship" of free speech about Charter on Charter shows or "in public", etc.? Did such rules have to be taken back by the 2007 or 2008 Boards? 3) Do shows misplay maybe on a daily basis from what is scheduled? Why is that? 4) Did Charter staff put up signs at Charter banning minorities and others from the telethon for Martin Luther I(ing's birthday celebration, and put in other restrictions or made special statements against producers when many minorities were involved? The answer to that and many other questions is "yes", and is proven in the documentation available to you. 5) What-authority does SLOCOPA Boards have to order Charter to do anything?They have no contract with Charter, so doesn't Charter staff just do what they want regarding SLOCOPA's rules or "directives", other than when Charter banned members of the"public" from "Public Access" shows, also with no hearings or meeting with Charter staff? 6) Considering Charter staff is on record stating things like, "I'm not going to mediate this.", or "I'm just trying to keep my job", or similar to that(see the records), is it possible that Charter Communications has put a lot of pressure on local staff to cut local costs, including Public Access costs,especially making sure it never has to provide the additional Public Access channels it agreed to provide under circumstances similar to those by late 2006? Regarding documented "discrimination": 1) Isn't it known by now to the City Clerk that no female technicians have been included in paid SLOCOPA contracts or projects, even banned or personally attacked by SLOCOPA 2007 and 2008 Board members, all unfoundedly?Isn't that sexual discrimination? 2) Who are the minorities mentioned in your report who allegedly had disagreements with the Board BEFORE they reported discrimination about them or others? Isn't what the City of San Luis Obispo now saying is they MADE UP their allegations because they thought it would help there win some other fight, that they claimed "racism" falsely, despite all the documentation that the City has or should know about by now? 3) Is it true that the City Clerk met for only 15 minutes with the Founder of the "Cultural Collective" and Vice President of Martin Luther Kng's"Dream" nonprofit of"Sharing The Dream" in her office? Didn't he have more proof to go over before the report was written, and wouldn't City Staff like to hear what that is from him and other minority producers, or others? 4)To report that there"appears"to be "diversity" on the channel or Board leaves out the facts that Channel 2 has only on Hispanic on-air host left:, correct?That all the African-American and Asian hosts and nearty all the guests are now gone, other than one or two black preachers. Does the City Clerk believe that is "diversity"? Of all the dozens of Latino people who used to be on Channel 2 regularly, only two are on the Board, yet both first appeared on Channel 2 or started on the air on shows now banned by them. n Does that seem odd to the City Staff? Both also are on record not following SLOCOPA rules or their own new rules, including not playing old shows after 30 days of airing or"import" material that also is old, or not allowing one producer to host another's show, as current Chair Sal Espana accused banned Carlton Brown and Patrick Germany of doing. 5) Isn't City Staff concerned about the "establishment" of a religion when almost all religious people preach almost one religion? Is Staff concerned about the diversity of religious expression before the bans but during the time the City of San Luis Obispo funded SLOCOPA and had a contract with Charter itself? These are serious questions that judges and "the court of public opinion" or even the Los Angeles Times or others greater than any of us may have to decide. But they are easy questions for anyone to answer, thanks to the tremendous work by many to DOCUMENT all that has happened. Please consider a revision to your initial report to make sure all the facts available are inicuded, Audrey. Also, thank you for the time you have spent meeting with me or others, coming to meetings recently and for the City Council showing such interest in this issue. Over 65,000 homes get Charter and Channel 2 is one of the first on the listings. Thousands used to be on the channel and many are determined to restore what was lost and put justice and fairness back in place. I still would like to meet with you as do others to help answer these key questions as soon as possible. Thank you, Leslie Bearce Founding SLOCOPA Board member 2005 Elected to two-year term 2006-2008 Producer of two shows, still banned by Charter without any hearings or meetings dos Anades rtrh6 -U"Vi f-41 G L.A. to sue Time Warner Cable over poor service The city alleges that the company caused 'major havoc and distress' when it became the No. 1 pay TV provider two years ago. By Andrew Blankstein Los Angeles Times Staff Writer June 5,2008 The Los Angeles city attorney's office plans to sue Time Warner Cable Inc.today,alleging that the company caused "major iavoc and distress" when it became the No. 1 pay TV provider in Southern California two years ago. City Arty. Rocky Delgadillo said Wednesday that Time Warner violated state law by making false and misleading statements to subscribers.The 25-page lawsuit,a copy of which was reviewed by The Times,claims the company violated its ;ranchise agreement with the city by having subscribers spend hours on hold with customer service representatives and Blowing excessive repair work delays. "Hundreds of thousands of Los Angeles residents were ripped off," Delgadillo said in a statement. 'Time Warner must be field accountable for its promises." City prosecutors said the suit would be filed in Los Angeles County Superior Court. Time Warner Cable representatives had no immediate comment. The New York-based company could face civil penalties of tens of millions of dollars. Delgadillo's office has taken corporate interests to court several times,suing local hospitals on allegations that they dumped ndigent patients in downtown Los Angeles and accusing Anthem Blue Cross of scheming to cancel health insurance for )eople diagnosed with serious and expensive medical conditions. Time Warner became the major cable TV provider in the area when it joined with Comcast Corp. in 2006 to buy out )ankrupt Adelphia Communications Corp.Time Warner and Comcast then swapped franchises so each would dominate markets in different U.S. regions. The combination was difficult because Time Warner Cable had to upgrade the old Adelphia and Comcast systems and verge them with its own. Nearly 500,000 subscribers in the city were affected. In the suit, which focuses on service from the fall of 2006 to the spring of 2007,city prosecutors cite brochures and elevision advertisements that they say gave the false impression that pricing for cable and Internet services would stay the same. The suit says the company failed to live up to its part of the franchise cable agreement requiring hat a company answer subscribers' calls within 30 seconds and begin repairs of service interruptions within 24 hours of notification in 90% of its calls for service. The suit claims that no more than 60% of :ustomer service calls were answered in time. Service also was sub-par, the suit says, quoting a brochure saying that if a customer needed a service appointment, technicians would "fix the problem fast." Instead, technicians failed to show up on time ;o appointments to fix outages, the suit says. Cable and Internet service "was so intermittent and inferior in quality that it was not much xetter than no service at all," the suit says. andrew.blankstein @latimes.com