HomeMy WebLinkAbout09/16/2008, COMM - ' I
Staff Report recommendations:
1. ..."SLOCOPA Board and its current members must take responsibility for the professional and proper
conduct of its organization".
2. ... the Board and its members must still work through past and current issues and will need to do so in
a more professional,civil and appropriate manner than in the recent past
Examples of unprofessionalism since the staff report was released:
1. Board Chairman's Sal Espana's emails to all SLOCOPA members blaming the City Council and
Human Relations Commission for asking questions in response to African-Americana, Latino leaders,
women,younger producers and others of Charter's actions and those of the new Board members
supported by Charter.
See Attached email
2. Newly elected Board member Anthony Pope is now airing several times a week a 30 minute video
of him talking to himself about City of San Luis Obispo officials calling them insane"and"hate crimes"
and using "extortion"to get his Board to change anything. He talks about"a City Councilwoman"and the
"Human Resources"commission and other producers the way his fellow new Board members or former
or current Charter Public Access staff have.
They have the First Amendment Right to do that, but that is not following the SLO City Clerk's
recommendations or inviting people these people talk about this way to meet
See Attached transcript
3. Founding SLOCOPA Board member Leslie Bearce wrote a letter to Charter staff and SLOCOPA
Board members to ask them to meet and why women technicians get no SLOCOPA work anymore.All
she got back is that she needed to"Seek a mental health pro.....NOW from Charter's last Public Access
Director, Michael Passarelli,who with 17 votes was elected to the Board last year,then quit and
appointed his long-time paid technician,Sal Espana.
The Board Vice Chair titled another email, "mentally Ill"and sent this issue to Charter and Board emails
and misquoted Mrs. Bearce's original email, not forwarding it with his letter.
NONE of the Charter staff or SLOCOPA Board members would disavow themselves from these emails or
respond to any of Mrs. Bearce's questions.
See attached email
4.When the tong-time host and producer of the now-banned "Six O'clock News"and producer
representative to the 2007 Mediation, Ron Bearce, attempted to ask again for a any kind of SLOCOPA or
Charter-supported hearing on banned or attacked producers at the General Producers meeting in June,
2007, he was cut off before speaking even three minutes and threatened by Chair Sal Espana that the
Board would thrown out him out if he didn'tstop speaking even though he had only spoken for 2 mins. 45
seconds or less. Other non-Board members spoke longer, as the record shows.
After this meeting he was approached by appointed Board Treasurer Joan Sullivan, hit repeatedly in the
face and, as she admits,told to"wake up".
She claimed while Board member Anthony Pope laughed and added more insults to the injury that only
reason he comes to meetings is for"the attention"his wife doesn't give him.
The statements made against San Luis Obispo City officials isn't much different on the Internet, in emails
sent to all producers and on Channel 2.
When told to go to Mediation last year, Board member Monique Matta wrote a New Times opinion piece
against the SLO City Council and other producers.
That tone hasn't changed well into 2008.
5. Former Program Review Committee Chair and Charter trainee on the new SLO City equipment in
2006,Anthony Bolin, another producer banned without any hearings, but allowed to have a show at the
March 2008 election meeting, sent to the SLOCOPA Board by Certified mail within the 90 days allowed
the Bylaws an appeal to the 2008 election on how it was conducted.
He got confirmation the Board received it and that a hearing would be held.They Bylaws require one
within"30 days"of the Board receiving the letter, which would have been by mid-July 2007.
Producer of'The Underground", a music show for local musicians, Monique Grejada, also sent a certified
letter and was notified she would have a hearing_
Neither has heard anything since.
Ron and Leslie Bearce have the receipts for their Bylaws appeals for being banned without hearings as
well as emails and records asking for hearings by them and many other producers, including some not
banned.
No meetings have ever been held with any producers and SLOCOPA or Charter staff in 2007 or 2008,
other than one just before Charter pulled the live feed on the Six O'clock News in March 2008 with
General Manager Ed Merrill,who ruled the Bearces can use the studio"because it is Charter's studio".
He sent an email to them confirming this despite stating Charter would ban the live news show without
any meetings with SLOCOPA or Charter staff.
Some of the unsupported opinions or errors in the City of San Luis Obispo Staff Report on Public Access.
We would like to know where is the Who, What Where. There is no documentation of these statements
1. "Charter knows at all times who has checked out the equipment". Producers have heard even From
2. "When sanctions are imposed, an appeal process is also in place. Once an appeal is heard by the
Board of the organization the Board's decision is final."
3. "Following mediation the Board reviewed the circumstances of the earlier probation and several
suspensions.The Board lifted the probation, removed the suspension of one member and extended the
suspensions of other members."
4. "Staff does not have jurisdiction over the sanctions or rules of conduct that are put into place by
SLCOPA except if they do not comply with the non-disciminatroy,equal access requirements set forth in
the Agreement However,Staff does find that SLOCOPA's bylaws and Policies and Procedures
inadvertently conflict with the Agreement and in some cases, prohibit producers from appearing on shows
other than their own. This is matter that SLOCOPA must address."
5. "The Board and SLOCOPA membership appears to be made up of people with diverse ethnic,racial,
religious,and political backgrounds."
6. "Staff cannot substantiate claims against Charter Communications."
7. "...Prior to these suspensions,the presence of some of the producers had regularly disrupted Charter
employees who are not involved with SLCOOCPA operations.
8. "Since its inception in 2005, many of the SLOCOPA Board meetings have been contentious.
I
From:SLO County Public Access<aJQQgpa@gmaiI.co >
Date: Wed,Aug 13,2008 at 11:00 PM
Subject: SLOCOPA SPECIAL ANNOUNCEMENT: URGENT
To: SLO County Public Access <a1u&R3@goQg1eg[lZuups co >
Greetings All!
As many of you may know,SLOCOPA has been the victim of a series of attacks by a small group of disgruntled
former members.Self-financed,this group has attempted to slander our organization in the media and at City
Council and Board of Supervisors meetings.One year ago,they successfully coerced the SLO City Council to
withhold our funding and forced us to enter Mediation with them.We complied with the City,went through the
Mediation process,signed the Mediation agreement,and received our funding.Since that time,SLOCOPA has
upheld that agreement,while the opposition violated.it almost immediately.
Then,last January,this same group again went before the City Council and accused SLOCOPA of racism and
other violations of our contracL Atter the City Clerk spent numerous hours investigating these claims,and even
monitoring our elections,finally(after spending a large amount of taxpayers'dollars)the City Clerk determined
that their claims were again without merit.You would think that would be sufficient But no!
Undeterred,this group returned to the City Council with continued,unfounded accusations or racism,this time
targeting Charter(even though Charter HAS NOTHING TO 00 WITH SLOCOPA PROGRAMMING9 They were
dismissed by three Council members and the Mayor,but for some reason Councilmember Christine Mulhulland
supported them and suggested bringing the issue up once again,this time to the"Human Relations Commission."
So now,SLOCOPA is once again forced to defend itself against these outrageous accusations(at even greater
taxpayer expense).
Please come down and support SLOCOPA. Our opponents are bringing a large group of people(most of whom
have no connection to our organization)to"support"their allegations.We need equally large numbers to
demonstrate the truth about SLOCOPA.You do not have to speak(although you may!);we would simply like to
have as many of our Members attend.A crowd of supporters sitting quietly in the room can be very effective.
HUMAN RELATIONS COMMISSION SPECIAL MEETING
DATE: THURSDAY,AUGUST 14,2008
TIME: 6:00 P.M.
LOCATION: LIBRARY COMMUNITY ROOM—995 PALM STREET
Parking is available behind City Hall, 990 Palm Street and also in the parking structures located at 842 Palm and
919 Palm.
The SLOCOPA Board urges you to attend this meeting and witness for yourselves how these"people"twist the
truth in their attempt to destroy our organization.
Help us keep SLOCOPA free from this illegal government interference!
Thank you,
Sal Espana
SLOCOPA Chair
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group. It is strictly a mailing list to keep you informed about what's new at SLOCOPA.
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From:SLO County Public Access<&taopa@gmail.co >
Date:Sat,Aug 16,2008 at 11:48 PM
Subject:SLOCOPA HRC Results
To:SLO County Public Access<g14QaRa@goo Ica egr 2S m>
Hello Fellow SLOCOPA Producers:
The Board would like to thank every Producer who came and spoke at the Human Relations Commission meeting
last Thursday.Active participation is what SLOCOPA is all about.The diversity of voices in our Organization was
well represented before the Commission.
The Human Relations Commission was presented with several allegations of racial discrimination against former
members. However,despite repeated pleas from each member of the HRC,no evidence was submitted.The HRC
has yet to release its final report,but the Board expects that the Commission's findings will mirror the City
Councirs report in March of these same allegations.
SLOCOPA does not tolerate discrimination of any kind. If any Member witnesses or experiences any act of
discrimination,notify the Board of Directors immediately so that action may be taken.Contact us
at gmail.co .
Our goal is a welcome and comfortable environment for each of our 100+Members,and this requires group effort.
Thank you.
SalEspana
SLOCOPA Chair
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group. It is strictly a mailing list to keep you informed about what's new at SLOCOPA.
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9108
7:00 pm
This is not in the order of this show, but when it was live, then rewound.
"Amazing to me there are those city officials there are those in higher power who cannot perceive this,
who cannot see this. It makes me wonder if its because of our diversity—ah, ah, ah...we are beginning to
look different than the demographics of our city." "Does discrimination lies with the city of SLO"?
"I just want to take the opportunity to use my freedom of speech, like everyone else when the Constitution
was founded..."
then long rant..."hate"
"most diverse organization in our city second only to the athletic department at Cal Poly..."
"I understand there is a councilwoman who seems to prescribe to this hate against ah, ah, ah, one of the
most diverse organization in our city. There was a meeting held in our city in the library, ah, ah, ah.....I did
not see fit to attend. I did not see fit to waste my time with these unfounded laxidasical attempts to
manipulate....to strike fear into the community." I decided to not participate with the truth in our society
• This group continues to manipulate unfound ... Its amazing to me that even our public
officials are drawn into this..."..."and be able to discern what truth is and what is not fact and not to apply
personal feelings..."This issue...is beginning to cross over into a hate crime."
groups petty actions
Can't or hard to now "honor the contract between the City and Charter Communications."
these allegations are lies and manipulation by this group."
"They continue to bring forth hate and rage that borders on insanity.
This is"dangerous...by those who would do or say anything to control Public Access...there is a clear
present danger to do harm to actions that clearly aren't protected under the Constitution...under the guise
of their rights being violated they violate other people's rights and they continue to display this hate
throughout the community. Once again this hate is waged against the most diverse group in San Luis
Obispo County.
Look around your community look at our wage disparity and housing disparity and discrimination
happening right outside your door."
'Those who continue to prescribe to this hate coy itinue to waste taxpayer money...to influence the City
Council...beginning to move into the area not governed by the city but the federal
government...Constitutional and civil rights."
"There is liable, there is slander, there is invasion of our rights to operate in a safe environment..."
IMMEDIATE DANGER OF DAMAGE TO PROPERTY OR PERSONS" -
"There are fighting words that create a clear and present danger to lawless actions...if you have read the
constitution are NOT protected under the Constitution"...
I believe that our city officials should not subscribe to this invasion of of free speech"...
"As I sit here today we can all come to the table of mediation but, ah nothing should or can be imposed on
this organization and how it operates under the laws of a nonprofit. Anything else would be extortion or
fear under the guise of power".
"Why should we buckle under this slander and hate and all these lies..."
"I am sworn to stand against the tyranny of evil and unjust men and women."
"I continue to say this is looking more like a hate crime against a diverse organization who are expressing
their right to freedom of speech."
"There may be some who say well who are you, and and and and it's not like that and how can you say
something like that about our city? In the words of Isiah, Chapter 6, verse ( and 8) and I heard from the
Lord who will we send as a messenger and the Lord said, send me.And the Lord said, Go." LONG
PAUSE.
"And so as I begin to examine the issues....around Public Access...it seems to me to be amazing that
there is a group of individuals that if they cannot control Public Access television that they seek to destroy
it.And it does not matter what you and I think or you and I think about expressing our Freedom of
Speech..."
"There have been three Boards that have come and gone." HE'S BEEN ON TWO. "and no matter what
the city makes that somehow or someway...it's Charter Communications problem...and its this Board
member's problem and sooner or later it's going to be the Human Resources fault, ah, ah, ah, ah what is
somehow...the election was fixed..."
"and so as I look at these things and I begin to ponder what, what, what is this cycle of insanity..."
LONG PAUSE
"Let's talk about a hate crime. This has gone well beyond, ah, ah, ah being disgruntled, this has gone well
beyond, ah, ah, ah coming to, ah, ah, ah the table of mediation and working through our situation of
through mediation but no, these members want to destroy Public Access television."
"Public Access is available to every individual, every family-every school, every BUSINESS...expressing
our Constitutional rights to Freedom of Speech.And so I will stand against this tyranny, I will stand against
this manipulation...which in my opinion are criminal...they are lead to believe that they are lead to believe
they are...city officials
"Amazing to me there are those city officials there are those in higher power who cannot perceive this,
who cannot see this. It makes me wonder if its because of our diversity...ah, ah, ah...we are beginning to
look a lot different than the demographics of our city is all about. It is easy to be seen. " "Does
discrimination lie with the city of SLO" and to ask ourselves if there is discrimination?... or is there
discrimination of how we govern and how we perceive diversity in our city.And I'm just going to stop right
there and I just wanted to take the opportunity to USE MY FREEDOM OF SPEECH like EVERYONE
ELSE UNDER THE CONSTITUTION OF THE UNITED STATES."
Then BEGINNING of Anthony Pope's "Life After Recovery BIBLE"
"So I wanted to talk about another form of addiction, the addiction to power, the addition to hate, that in
my opinion borders on being a HATE CRIME in the process. That this hate, these false allegations, these
unlawful allegations that are being leveled at Public Access television are criminal in their nature.
"And so we want to speak about...ah, ah, ah this hate crime that wants to perpetuate itself against our
public Access television and its members. There is a simple Psalm of life that says that Jesus gave his life
to every man, to every woman, to every little boy, to little girl that when the storms of life come and hate
and evil and rage, that I fall on my knees and pray. "Lord, don't take my simple song away."And Jesus
said in Luke 10 and 12, that if you are faithful in little things, that you will be faithful in larger, in bigger
things but if you are dishonest in little things that you won't be honest in greater responsibilities.And if you
aren't untrustworthy about worldly wealth, who will trust you with trust you with true riches?"
END of his show:
"...on the subject of discrimination and hate that's going on right here in OUR community. And as always
in parting, this is your host Anthony Pope for Life After Recovery. There is one that has all power and that
one is God and may you find him now. God be with you."
From: Micl I and Lyn<passarelliaroductions@charter.neb
To: Ieslieb930@aol.com
Cc: slocopa@omail.com;salvadorespana@yahoo.com;bwilleyl @charter.net;JMLemusArc@charter.net;
artseen@charter.net;tcsc@itravelconsultants.com;lifeafterrecoverv93402@yahoo.com;
cmboroductions@gmail.com.v=ecial@aol.com;kristan.mulgrew@chartercom.com
Subject: Re:Request for SLOCOPA technical work going on;open bids yet?
Date: Mon, 18 Aug 2008 7:39 pm
Leslie.....................Please seek a mental health pro.....................................NOW
Michael
On Aug 17,2008,at 9:37 PM, Ieslieb930@aol.com wrote:
Hello.
(Can you forward this to your other SLOCOPA Board members,and let me la tow what you think of this?)
I've asked about this before as have others but what is your process for giving contracts and paid work from member
fees or grants to technicians?I've heard that Zeke Turley and others have gotten paid work.What work is that and
what does it pay?Where does the funding come from?
It seems that decisions on paid technical work is made in"dosed door"SLOCOPA Board meetings over the last year
or so.My daughter,Christina Bearee,and I have been doing great work for many,including working with four of the
your current seven Board members,and three of the four of your officers.
Christina and I do paid work for others and have great records and lots of recommendations.Can you finally open up
your process for paid technical work that Zeke Turley,Randy Allen or maybe Garrett Gninch have been doing for
SLOCOPA in 2007 and 2008?
Could you send me background information about what the pay is and copies of contracts so others can bid on them?
Can you let people know where the money comes from and other related information.
You should reach out to Kareen Md(night(I can give you contact information),also.She's the one who testified at
last year's Feb.General Producers Meeting about the years of training she and her two daughters spent to get
technical training.
Having the same one or two men do all the paid work isn't fair without letting the public know you have paid work, is
V Also,wasn't all this training free or maybe only$5 for the camera classes and that worked to put a lot of new
people on Channel 2?
If we had all been able to contribute,there was(and still is)a lot of sponsorship money from local businesses and
others who would support a very popular set of Public Access channels open to everyone in the community.
Please let me know what your answers to these questions or requests are. I'm sending this to Linda, Kristan and
Michael Passarelli who know of our work over the years.
Best,
Leslie Bearce
Founding SLOCOPA Board member
Elected Board member,two-year term 2006
(I'm doing current work for you to see that is paid,also.Christina has a lot of material and continues to do non-Public
Access paid work since she and I were banned beginning Jan.2007,which has cost both of us and others a lot of
lost money and pain.Reaching out to us and other technicians would be a good thing to do,wouldn't it?)
/�-�'6-fls O.�cG�C, CG's•�,��
Has an cable coli. an in the U.S. banns. Public Access
Y P Y
shows without meeting first with the producers of those shows?
Why hasn't Charter ever met with producers before banning them?
Charter cable pulled two shows, `The Nonprofit Show"and `The Six O'clock News", off the air live after they
reported what Charter staff, current and past, and producers supported by Charter"100°/G"were doing at
meetings.
SLOCOPA's appointed Treasurer, Joan Sullivan, stated on KVEC's Dave Congalton Show in 2007 that"The Six
O'clock News" host and producer for sic years, Ron Bearce, was banned from Channel 2 time slots for violating
a new Jan., 2007 policy banning producers from mentioning"Charter"or"Public Access"on Channel 2 or"in
public"despite other producers such as Charter's former Public Access Director Michael Passarelli, Joan
Sullivan and many others excercising their First Amendment rights to Free Speech.
Dozens of other shows are now off the air after eight producers banned, put on "probation"or"suspended"all
without any hearings or previous notice, including the only Asian-American producer Elliot Gong of"Gong
About", who came to observe the Feb. 2007 Board meeting. He hasn't come back to a single meeting in two
years. No Asian-Americans appear on Channel 2 since before Jan. 2007.
26 shows that have gone off the air since January 2007 when Charter started banning producers
and in Feb. 2007 dissolved the Scheduling Committee then imposed new rules and fees on new
producers and others. Is Charter overbooking the channel to raise fees for a few technicians?
Sharing the Central Coast Dream -Community-oriented show hosted by Calton Brown, banned by Charter
Diversity Lives-Community show hosted by the Sharing The Dream nonprofit founder Michael Lovegene
Diversity on the Central Coast-Community-oriented talk show
What's Happening-Show hosted by Hispanic host Toni Garcia, showing different events in the community.
People Around Us- Interviews with local people of different cultures.
Issues in the Community-Talk show with different panels of people talking about local issues. Banned.
The Millennium Dream-A half-hour show hosted by Toni Garcia featuring the first Catholic Mission Church African-
American ordained priest and other diverse guests and stories until 2007
SLO Issues- Half an hour community talk show about local issues. Banned 2007.
Proyecto Unido- Show about Latino Issues in the community. Banned Jan. 2007
Cable Classics- Show featuring a look back at public access cable shows of the past.
6 O'Clock News-Weekly news show done live. Featuring news, non-profits,political parties, local events,etc
Aqui- Latino issues show. Host Jose Lemus has done one episode in 12 months.
Community Arts and Music- Local artists/musicians. Host Jose Lemus has done one show in 12 months.
Curb Cuts-A show which featured news for handicapped people.
Touring w/Christina-Show featuring local places to visit
The Underground- Show featuring local bands.
Today's Issues- A show about local issues in the community.
A look at education- A show looking at the different education options in the community.
Culture Talk-A show for local college students to talk about today's events.
Culture Club-A show featuring different cultural subjects related to art and music.
Film Forum- A movie review how
BSTV- Comedy show
Todd Cornwall- local painter
Todster-Variety Show for seven years
Sermons by the City- Religious sermons
Mutant Farm"A show focusing on creationism vs evolution
Garrett Krinch-Internet movies including a French 1970s adult-content show aired during the day
Community Issues-Talk show about different community issues.
Shows that have come on the air since January of 2007
Life After Recovery-Anthony Pope-2007 Religious show host Anthony
Pope, a resident of San Luis Obispo County for less than a year, living in Los
Osos now,talks to himself for 30 minutes, currently claiming the residents of
San Luis Obispo, the City Council, Councilwoman Christine Mulholland and
the"Human Resources"commission"hate crimes", illegal activities and
more.
Faith Perspectives- D. R. Richie- First appeared as a guest on Anthony
Pope's religious show, then quickly got his own religious show giving a
sermon into the camera alone.
Praise Time-Import Religious Show from another county, all black
preachers, choir
Bread and Circuses-Sal Espana-2007 show of old tapes of Mr. E.spana's
past comedy routines and other old comedy shows, including material he
aired on his long-time boss'show, Michael Passarelli's"ZZSSXX, What Is
It?"
Ocean Dunes State Vehicle Recreation Area -A political show on how bad
off-road vehicles are there.
Jana Bean Show-Show by the owner of'The Bean" business her show is
named after. Interviews other business owners
Flying Colours-A show by a professional video production company
interviewing business to promote them.
Charter Channel 2 has been recorded daily for at least three years up until
today, 9/16/08. Copies of all the tapes of all these and other shows are
available for anyone to view or have copies of selections they need.
Call Patrick Germany, 238-2299 or email hitmeslo@yahoo.com
104 mid Public Access members?
Where will Charter to put 104 producers on one channel?
Has the channel been overbooked
while a few male technicians make money off
City of San Luis Obispo's video equipment?
Only male technicians(none are producers) are hired to do all training work for SLOCOPA. By
last year Charter had enough new producers to fill the empty time slots of the banned shows. The
channel is overbooked if everyone gets one time period in each of the three new time slots set up
to make the channel "fair". Charter still runs hours of week of ads to get new people to come in
withou telling anyone in Channel 2 ads the costs or the fees now being charged.
One new producer recently stated at membership meeting that Kristen Mulgrew, the Charter
Trafficing Coordinator, told him new producers now also have to finish two shows done before
they can air their show on Channel 2. He said new producers can only check out City of San Luis
Obispo equipment for a limited time of four weeks and that he couldn't get two shows done in four
weeks. Others have stated the same. Is that another reason hardly any news shows have come
onto Channel 2 in two years?
A new female producer stated at the Aug. 14, 2008 Human Relations Commission hearing HRC
meeting that said she paid $250 to "learn to tum on a camera on". Others have stated new
producers are required to pay hundreds of dollars for training that used to be free or$5.
Without a Scheduling Committee and the Board assigning all scheduling to Jose Lemus, who
doesn't do his two shows anymore, is this a"Bait and Switch"?
Some SLOCOPA officials with more air time than anyone else:
Jose Lemus: Schedule Committee Chair, 2005 to Jan. 2007, sets the entire schedule with
Charter staff help has 12 half-hour time slots(24 hrs. a month)Yet daily Channel 2
recordings show that he has aired only two new shows in 12 months instead of the 24 required
for his two hour-long shows he used to do. A week before he was nominated Board Vice Chair in
March 2008, he did tum in a show for°Aqui!"and "Community Arts & Music", but none since.
Michael Passerrilli: Three half-hour time slots on Channel 2, another three half-hour time slots
and Channel 21 County Government Channel. Charter Public Access Director April 2002 to April
2004. SLOCOPA ,Acting Chair four months in 2007 before appointing his long-time paid
technician, Sal Espana,Acting Chair in 2007. Appears on Mr. Espana's comedy show instead of
Sal, "Bread And Circuses", 2008. He ran the same show 60 days until Sept. 12, 2008.
Sal Espana: Charter's Public Access Director Michael Passerrilli's long-time paid techician,
Acting Chair SLOCOPA, appointed by Mr. Passerilli Nov. 2007 has hree half-hour time slots, but
appears on Mr. Passerilli's show, "Zzssxx, What.Is It?" regularly, records show..
Sara Horne: Past Chair, SLOCOPA Board, long-time producer of the League of Women Voters
political show for eleven years. Three time slots channel two, three more times slots on Channel
21 County Government Channel. Represented the SLOCOPA Board in mediation Sept. 2007.
Joan Sullivan: Producer Picture the Past, six half-hour time slots Channel 2, seven years.
Appointed (never elected), SLOCOPA Treasurer, Jan. 2008 by Irene Matta when she resigned
after a few months after receiving 24 write-in votes at the March 19, 2007 special election.
Robin Smith: Producer of the County Tobacco Tax Commission show, 6 half-hour time slots
channel two, another six half-hour time slots on Charter Channel 18's Education Channel, seven
These politically-active producers average neL NINE time slots
each and have been on the air more than S years average each.
If 104 producers average the same, Charter now needs at least three channels for the 104 paid
member of the nonprofit, SLOCOPA, that advises Charter on running Public Access.
When asked at a 2008 Board meeting if the Board would ask Charter for the additional Public Access
channels it is required by County of San Luis Obispo Franchise Agreement to provide if enough "local"
shows and popularity (determined by a joint survey done) pulls the `trigger", the Board members said
they would not do that.
If each new producer averaged this nine hours between 8 am or midnight, less than half would fit on
Channel 2.
But if these 104 producers got only 90 minutes each a week, only about 65 could have shows unless
everyone goes down to one or two 30 minutes total per week.
New producers aren't being told any of this, yet thousands of dollars is being paid out of new people's
fees without much hope for receiving much if any time.
Paid male-only technicians are working with Charter and have aired over 10,000 one-minute ads on
Channel 2 in 2007 and 2008. The Bylaws allow people who show they can turn on a camera and push
record to check out equipment without mandated training. They also no longer require anyone to be a
paid member of any nonprofit, as of the Mediation Agreement and return to 2005 Bylaws.
Charter's Franchise Agreements don't require mandated fees to any technicians or nonprofits or
groups.
The San Luis Obispo City Clerk has given exemptions for two years to the mandated annual audit for
SLOCOPA based on being out of money. Yet$5000 has been collected by SLOCOPA in new
membership and training fees, despite Board members admitting none of it is required or legally
approved by members at any "annual meeting".
Local residents see the thousands of ads, listen to Charter's Public Access Trafficing Coordinator
Kristan Mulgrew on Channel 2 many times a day, contact Charter or SLOCOPA, then come in thinking
they can get started "right away", ending up being told they have to pay fees not mandated by any
contracts or rules to use freeCcity of SLO equipment.
Yet in two years under this new system, hardly any new producers are given time slots or even get
through all the new barriers set up for new producers. The SLOCOPA officials seem to then keep their
time slots without much competition, and Charter never has to meet the "80%"of shows being "local".
Charter lobbied as part of the cable industry political group to get rid of much of California's
local government control over Public Access. Those local Franchise Agreements will be
superseded Jan. 1, 2009.
Promoting through thousands of ads and overbooking any product, then charging for something that
appears to be easy and free is illegal "bait and switch", isn't it?
Yet neither Charter staff or new SLOCOPA Board members have called the alleged "ghost producers"
they claimed were "manipulated" by white producers, all only minorities named by name of the name of
their shows to come in and get training new shows on Channel 2.
All of them, as years of daily video records show, were already hosting and producing their own shows,
and were not"manipulated" or controlled by white producers.
Also, why are only male tech considered and hired by SLOCOPA or Charter to do training inside
Charter's building if producers overall are banned from meeting in Charter now?
Where is the Who What Where?
Some of the unsupported opinions or errors in the City of San Luis Obispo Staff Report on
Public Access. We would like to know where is the Who, What Where. There is no
documentation of these statements
1. "Charter knows at all times who has checked out the equipment".
2. "When sanctions are imposed, an appeal process is also in place. Once an appeal is heard
by the Board of the organization the Board's decision is final."
3. "Following mediation the Board reviewed the circumstances of the earlier probation and
several suspensions. The Board lifted the probation, removed the suspension of one member
and extended the suspensions of other members."
4. "Staff does not have jurisdiction over the sanctions or rules of conduct that are put into place
by SLCOPA except if they do not comply with the non-disciminatroy, equal access requirements
set forth in the Agreement. However, Staff does find that SLOCOPA's bylaws and Policies and
Procedures inadvertently conflict with the Agreement and in some cases, prohibit producers
from appearing on shows other than their own. This is matter that SLOCOPA must address."
5. "The Board and SLOCOPA membership appears to be made up of people with diverse
ethnic,racial, religious, and political backgrounds."
6. "Staff cannot substantiate claims against Charter Communications."
7. "...Prior to these suspensions, the presence of some of the producers had regularly disrupted
Charter employees who are not involved with SLCOOCPA operations.
8. "Since its inception in 2005, many of the SLOCOPA Board meetings have been contentious.
City of San Luis Obispo/SLOCOPA Documented
Contract Violations, 2006-2008
Provide Equal Access: Provide access to the use of the equipment, facilities, channels,
and services provided hereunder on a non-discriminatory basis to all members of the
community for non-commercial programming purposes whether individuals, groups, or
organizations, on a first-come, first-served non-discriminatory basis, pursuant to operating
policies and procedures promulgated by SLOCOPA and consistent with the principles set
forth in Ordinance No. 1278.
Violations:
1. Banned producers are banned from using city equipment and the studio which has city
funded equipment used in it.
2. Commercial programing is allowed to run on the Channel. Case in point Diane Tuttle
Secretary of the Board runs three one minute Princess Cruise Line ads on her show
against even SLOCOPA sponsorship rules. This has been brought to the boards attention
but the show still airs. Other producer's consistently feature their sponsors as regular
guests on their shows where they talk about goods and the prices of services.
3. A new rale of SLOCOPA not agreed to by the City Council says that organizations are
allowed only two shows on the channel. Yet SLOCOPA which is an organization, through
it's board of directors has more than two shows on the air. This also limits groups like
Sharing the Dream and its members from having more than two shows on the air. At the
time this rule was put in place Sharing the Dream was the only organization whose
members had shows. Vice Chair of Sharing the Dream is Carlton Brown a banned
producer.
4. Contract states on a first-come first served basis yet producers have been taken off the air
which is a violation of this part of the contract.
Copyright Clearance: No one to our knowledge has who produces a show for Channel 2 has
ever had in writing any copyright clearances. Shows do use copyright material. But, no one
has ever been ask to show that they have copyright clearance. In fact, at a board meeting just
recently the Chair Sal Espana voiced concern about the fact that producers were using
copyright material and what legal liabilities it might cause down the road. The rest of the board
didn't seem to think it mattered.
If
rtial Funding Credit: To our knowledge SLOCOPA does not at the beginning and endingeach day give credit to the City for the funding of the equipment. Some individual
ducers thank the.city but not all.
Non-Discrimination in Employment and Service:
A. SLOCOPA shall not discriminate against any person, employee or applicant for employment or
subcontractor on the basis of race, color, creed, religion, sex, sexual preference, marital status,
ancestry, national origin or physical or mental handicap.
B. Grantee shall not discriminate in the delivery of services on the basis on race, color, creed,
religion, sex, sexual preference, marital status, ancestry, national origin or physical or mental
handicap.
Oolations:
1. When SLOCOPA hired a paid person to train people in the use of the equipment. They did not
put out to bid for the job. They did not advertise that they were seeking someone to teach their
classes and they did not take an applications or do any interviews.
?. A new rule put in place by the SLOCOPA board in Jan. 2007 was a family rule. That members of
one family or household can't have more than two shows. This discriminates against people who
live together and families.
Channels Open To Public: SLOCOPA agrees to keep the public access channel open to all
potential users regardless of their viewpoint subject to FCC regulations and other relevant laws.
Veither the City, nor Charter communications, nor SLOCOPA shall have the authority to control the
content of programming place on the public access channel so long as such programming is lawful.
Aolations:
1. Some producers between June of 2006 and Feb. 2008 had their programs removed from the air
because the SLOCOPA board decided either they did not know what was on their show, did not
appear as a host on their show, did not host, produce and edit their entire show, or had banned
members on their shows. Carlton Brown for example was told he could not run for the board
because he was banned for not knowing what was on his show. He and Patrick Germany were
the only two producers at SLOCOPA who were asked at a board meeting what was on their
shows and were later banned because they could not give full details of what was on their show.
No other SLOCOPA producer was or has ever been ask to recite to the board what is on their
show. Another SLOCOPA producer was asked by Kristen Mulgrew Charter Trafficking
coordinator what was on her show and when she said she couldn't remember she was taken off
the air. Linda Quesenberry producer of Latino Issues Today was told because Leslie Bearce
appeared on her show that her show was going to be taken off'the air. When she changed
shows the board said that because Christina and Leslie Bearce worked on her show that it would
be taken off the air. Only after Ms. Quesenberry went to the board and said she couldn't do the
show without Christina or Leslie Bearce's help did the board back down and say OK. But, they
can't appear on the show.
'.. Jason Reed the producer of The Nonprofit Show had his show taken off the air because the
board did not like the content he was running. It was a public SLOCOPA meeting and it was Mr.
Reed's opinion and take on what happened at the meeting.
1. Ron and Leslie Bearce were ask by Charter Staff in 2006 to take out of their show comments
made about Charter communications and the fact that on their live show they had no sound
going out. Plus the Bearce's show was taken off the air for having producers of other shows on
their shows on a regular basis. A rule that was put into affect in Jan. 2007. Another rule never
agreed to by the City of City Council.
I
We the undersigned support:
- Making Public Access TV for everyone again.
- That all bylaws, rules, polices, and contracts are followed.
- That there is no discrimination allowed Ibased on race, sex or religion.
- That "equal access" be restored.
M � I
4.
6.
8.
9.
o.
12.
0
13.
r
We the undersigned support:
- Making Public Access TV for everyone again.
- That all bylaws, rules, polices, and contracts are followed.
- That there is no discrimination allowed based on race, sex or religion.
- That equal access" be restored.
1. .�
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
1� rt��1 �dy C�1hr 7/ --
0�
This is a report on kre diversity of people who often rwere the Founding
Producers of Charter Communications Community Access Channel 2.
Nearly all'have been banned, put on"probation", or lost their
shows since Charter staff were key to taking over the nonprofit Patrick 11 -
group that advises Charter on how to run Public Access. Germany ny
Almost none any longer appear on Public Access after Charter's
Public Access Director Michael Passarelli, his corning toChannel 2 in g�
longtime"Public Access staff"assistant Garrett 2004 was
an
4j2
Gninch, who is now paid to teach training the 6 y dock i
classes around Charter that used to be free or news show to
$5 each,and the mother and daughter religious promote V , 4
�• y show family members who"won"the March different
2007 special annual election.All four of them everts in the
resigned a few months later after losing the community.
City of San Luis Obispo Mediation, but then Came to know
appointed their friends to their old Board posts: about Channel 2 through.lesson Reed
'+ Here are many of the founding Producers of Patrick worked to bring minority issues
Karren Charter Communications Community Access to the front in the community and
McKnight, Channel 2;all of them have been banned, put hghhght minorities and what they had
to offer to the community. His two
testified over the on"probation°, lost their shows, no longer shoyrs Issues in the Community and
years over the appear on Public Access after Charter's Public Pie Around Us Highlighted the good
frustration of her Access Director Michael Passarelli, his long-n9� work being done by many in the
and her
time"Public Access staff'assistant Garrett community. Banned in 2007 from
trying to get on Gninch, who is now paid to teach training Channel 2 as being a'ghost producer".
the air.The most classes around Charter that used to be free or Patrick is working today to get the word
Veteran $5 each,and the mother and daughter religious out in the community about the
droducer
fAfrican descent,she show family members who°won°the March tioatment of minorities by Charter
See MWrerr,Pege a 2007 special annual election.All four of them Cable and SLOCOPA.
Carlton Brown Kim Harris,Martin Luther r'
i —After being a o . King-based-Sharing The
�` -- guest on Dream"nonprofit Board
aKVEC's Dave 4 member,5 years. !
,`; Co09aften Involved in Public Access r `
Show Jan.2006 1 « c_A, ° three years.Has wanted
+� and Jan.2007 ,��� to do a show for years on
Ito,T beingasked � �, local music but instead
oB about his has helped fight for
�. nonprofirs .s minority rights against
Martin Luther J Charter Communication's
King's Birthday celebrations hisLout Ortega was actions for over two years.Testified before the
nkmprort,°Sharing The Dream°was San Luis Obispo City Council in 2007 and
putting on for 13 years and first on Public 2008_
discrimirkaGon in our area,official Access in 2005 to Was misidentified in one of the many racially-
SLOCOPA emads were sent to all promote one of the focused SLOCOPA Board emails in early
members warning against speaking fin many nonprofits 2007 as Carlton Brown's NOW since she was
b
d t
t used e on
public"or on Channel 2 about"Charter' thaa Wads woman at Charter and SLOCOPA
or"Pubfc Access"in any form,despite before Charter meetings Mr. Brown,who is also African-
former Charter Public Access Director started to run only
American, happens to have a white wife.The
See"Carlton",Pap
3 see-lode-,Page a see-Iain",Pas
Phil Cisneros-Joined SLOCOPA in 2007 Monique Grejeda–Co- —--
warded to do his own show after appearing on host and producer of
i;A
Projec[o Unido and Latmo Issues today. fhe Underground"Called the SLOCOPA phone number many 2005-2007 until her
times to ask about producing a show but no show was banned byone ever returned his phone calls.Still would Charter 2007 for overlike to get a show on the air. In 2008 one year without
SLOCOPA did email him to tell him his dues hearings or notices.
were due. This was all the communication he Scheduling Committee t�T' -
got from SLOCOPA in the year he was a member. He did pay Secretary 2007 until all
his dues and is still a member of SLOCOPA. committees disbanded.
Anthony Boltln–Trained by ChartersI
B.J.Davis–
Director of Operations Mark Eidtenberg and Received a PhD
Charters Public Access Trafficing _ from Cal Poly. ,F
Coordinator Kristan Mulgrew,2006.As a Outspoken on civil
trained video technician, shows played r" 3rights, Was fostug �`r
accurately when he programed them. Fstow on channel 2
Member of the Scheduling Committee 2006 until he was accused
to March 2007 of being a"ucghost
producer". Helped
to bring the Black
Student Graduation
to Channel 2.
"Cmnon•.Page t
Michael Passarelli attacking other producers on his Christina
n���–
show,at meetings,before the SLO City Council in producer since she r
June 2007 and more,as well as other of Charters was 14 years old for =
new Board members or supporters allowed to do that up to 21 shows airing
by 2006,put around
.Kaffen. Paw t 1000 local people of
started with her two teenage daughters by coming to diverse religious,
producers meetings at the Madonna Inn by 2002.She political,racial and
got her Charter Producer ID badge then and,as she other backgrounds on
has testified on tape and before the Jan.2007 Public Access TV.
Producers Meeting,she tried to get help doing shows Member of the original Scheduling Committee from
from Charter staff.She and her daughters resorted to 2001-20007.Attended Public Relations Committee
getting their own training at Cuesta College,finally got meetings and trained dozens of diverse new producers
one show done and on the air.but could not get to produce and host their own shows over five years.
enough support from Charter to continue. Elected Scheduling Committee Chair in Jan. 2007 with
It would be two years before another Afican-American, support from Chair Jose Lemus. Only the Libertarian
became an official producer when Carlton Brown and show producer voted against her.
Patrick Germany were invited to come to Charter by But Scheduling Committee was disbanded by Charters
Jason Reed and Leslie Bearce. signs posted announcing it Since Feb.2007 there has
She testified before the SLO City Council on July 3, been no group for new producers to go to to get their
2007,and is part of the dozens of minorities no longer shows on the air.
on the air. Sometime in late 2006,Mr. Lemus was named as the
"Clvl:w-'Page t
From page one,Brandl Smith
d telling them and the Charter-supported producers
about them,and inviting them.
Toni Garcia is a mother of Abbey:Among the first blacks to
two and former restaurant meet with producers in Jan.2006
owner who started on after Martin Luther King's Birthday
Public Access with Leslie activities coordinated for Public
+ and Christina Bearce on the Access shows and new producers
�+r Sa O'clock News show.
After learning to co-host the inside Charter's rooms/studio starting
live news straw and learn in Jan.2006.
how to produce her own Abbey helped coordinate the historic
' showsshe hosted and first-ever Black History Month
produced-what's celebration that was held at the
�- Happening'and'Sharing downtown San Luis Obispo at the
The Millennium Dream'. Farmer's market
Fier shows forming on drdersity covering HzW'c He became a regular on Channel 2 through 2006 after Patrick
heritage,traditional Mexican holidays,Caribbean- Germany came into his local art studio in downtown San Luts
African artists or professional%the historic ortlination Obispo to talk about the excitement of what was happening
of the Mission Catholic Church's fust African-Amencarh
priest,and more. with Public Access_
She lost her shows by 2007 atter minorities hosting He first appeared on Leslie and Christina Bearce's live"Six
and producing their own shows were talsely labeled O'clock News'show and with their help and that of Jason
'ghost producW,or allegedly producers who dldnt Reed and Patrick Germany,was able to discuss all the
positives of people of African descent on many shows,
including special panel discussions made up of Asian-
Brandi Smith,leader in Americans,whites,African-Americans,youth and others.
I'i establishing the first-
ever Black History -- Estalla Valasquez-Frst
Mmilf celebration in Hispanic Latina producer
Feb.2007.Wrote up the �,,;, at Public Access in 2001
agendas and ran the ! + for the Latino-oriented
i meetings at Charter r show Projeco Unido.
Communications starting Started by the Living in
in Jan.2007.She is the ,ALL America women who met
one current Vice Chair in the Charter Conference
Jose Lemus talked about _b, Room with general
in his Human Relations manager, Ed Merrill,who
Commission testimony.Each week the 15-20 invited Leslie Bearoe and Ron Bearce to meet Maria
African-Americans and their supporters of Singleton, Estella Valasquez and Isabella Ruiz to help put
diverse races met at Charter,another restriction diversity on Public Access. Maria was pleased to get
was place on them that all-white producers technical helped but asked"AII right,how much is this going
meetings never had.(See photos,emaiils, to cost us?'Ron and Leslie laughed and said, "Nothing.Well
reports,vices.etc-) help for no fee They knew the Latina women didn't have
During a live Six O'clock News straw and before funding for programs or time to train themselves.The show
a Black History Month producers meeting that as banned by Charter and the new SLOCOPA°Board°in
followed,she tried to use the empty Charter January,2007 but did at least 12 new shows a year for sol
Conference Room that white producers such as years.Hundreds appeared on that now-banned show.
Garrett Krlheh and many other producers have
used when empty for years. But as Mr. Lemus Leon Smith—As the President of the Cal
has pointed out,told by Charter Public Access Poly Black Student Union, regularly
staff she couldn't despite emads that went to
Charter about the meetings and new diverse appeared on Charter Channel 2 until .
producersPatrick Germany and other minorities
Her was told were banned and their shows were taken
group they had 10 leave that room
before even when empty and only one Charter off the air starting in mid-2005.
stat(upstairs at night(Kristan Mulgrew),wasn't Mr.Smith graduated with the honor of
told she COULD use the Public Access office, being given the award of creating a
as other white producers have for years,and positive image of Cal Poly and as featured
had to come back into the crowded studio to do in a Tribune newspaper article.
her college class work and help her daughter He stated his fellow producers at Public `
with her school work. Access shared in his award and work He ran the Multi-
She was set up by Leslie Bearce in the hot Cultural Center on campus and raised money for breast
Control Room for the hour-long show,despite cancer and other causes.
being almost mine months pregnant
No Charter staff ever visited the Black History
Month or Martin Luther King Birthday meetings
at Charter in the three years theytire been going
on despite having regular emails sent to them
Cont to page 3
-tale-,fie,or so many busirress Snfomeraals", -gym-,vase,
replacing nonprofit stories and guests in 2007.Charter email said Carlton's wife couldn't have written her own
even states daily that'every business-can have a letters since she didn't sound"blas r like the writer
show.WetNmown Gammy-winning musician Mr. thought she was.
Ortega was doing a benefit for the pregnancy Ms.Hams was told to leave the Jan.2007 SLOCOPA
counseling nonprofit"Alpha". Board meeting with two other black producers and
In Sept.2006,he was one of the five musicians that about a dozen other people.The first-ever"dosed-door
Charter's Mark Eichenberg and Kristan Mulgrew put Board meeting could then happen in which Founding
signs up at the front door and around Charter to tell Board member Leslie Bearce was pressured to resign by
guests of the nonprofit's-Sharing The Dream Telethon- the Board Chair as the last independent Board member
to not come in the front door of Charter but go up the left who was informing members like Ms. Harris of the
illegal entrance of the fire escape stairs despite there secret Board boles"on'new rules"against other
beim had no handle on the door at the top of the stairs producers doing community-oriented shows.
to get in. Coordinating this was Charter's Director of Operations
Before that,no group had been told to do that before who told producers to go waft in the Channel 2 studio
or since.Each time minorities become a large par of a despite the'Six O'clock News—Lived"about to go on.
group or Public Access Committee,Charter ports up When the News went on five at 6 pm,Charter's Mark
signs dissolving it or creates barriers only for those Eichenberg told producers to come into his small office
groups.(See signs,video proof,emails,testimony and or waft outside around the balcony while Mrs. Bearce
more.) was being asked for 45 minutes to resign.One Board
Charter's last Public Access Director was Michael member,Annie Steele,told the producers banned from
Passaarelli's,the spokesman for"Smitty's Bail Bonds" being in the meeting"We're NOT violating the Brown
before,during and after he worked for Charter from Act.',according to those there.
2002-2004. Three African-Americans sat down in Mr.Eic:henberg's
His response on his show or before the SLO City office,Ms.Harris,Carton Brown and Patrick Germany,
Council to minoities'testimony before Public Access three of the leaders in the black community and
groups or the SLO City Council has been to say they producers since as long as 2005,and told him about the
and their supporters are spreading"hints, lies and discrimination they've been experiencing_
allegations'about him,other Charter staff or Charter's Despite this an many other documented events,the San
producers the corporation supports 6100W. Luis Obispo City Staff report mentions none of it,but
No evidence of minorities being liars"is ever given. labels as Charter or Charter's new Board has that these
Mr.Ortega has been a long-time supporter for Martin minority leaders were-disruptive'o'harassing Charter
Luther King's Birthday celebrations by Sharing The stafr,with no proof of Charter ever even accusing
Dream. anyone of this. For some reason,the two City Cleric
'reports"to the City Council and later to the HRC state
this without any"who,what,where,when",etc.
"Mm"Pegs,.
only producer allowed to set the schedule—including for his own two hour-long shows despite stopping regular
production when he stopped working with Christina and Leslie Bearce on"Aquir,started by Hispanic leader Linda
Villanueva Quisenberry in 2004,and"Community Arts&Music',started by Leslie and Christina Bearce to give Mr.
Lemus a second hour-long tomcat for diversity on the channel, and all others.No one has had 24 hours a month of
Public Access time that Mr. Lemke has. Despite not following the rules and assisting Charter staff to bark
competition shows.especially other minorities,Mr. Lemus has slated he gets exemptions by working"dosey with
Charter stair,Kristen Mulgrew.
At the 2007 election meeting Christina was not given a ballot with no reason given.She has been banned from
having her own show since Jan.2007 without any reason ever given.
Wafter Harris,Cal
Poly AdmiNstratw,
also one of many
Christians who
appeared on Public
Access who were
pan of the vast
diversity of ideas,
religions,political
views,races
ages,
eft.
Atter the bans on Terry from the Parable Bible store,downtown San
shows started,ALL WITHOUT HEARINGS or PRIOR Luis Obispo,one of many Christians appearing on
NOTIFICATION,only one religion appeared on the Channel Public Access who did not support the discrimination
Before,all religions were represented,including on the Bearce occurring or banning of communit"riented straws.
family's-Six O'clock Now He used to appear on the Bearce family's new
weekly'The Six O'dodk News-Live!",a weekly
hour4ong show pulled off the air live atter a long
battle with Charter staff that started in 2005 with
Charter management"requesting'the Bearce edit out
Annual Cal Poly Slack Graduation,June 2006 an aaxrrate comment about a Charter Public Access
Cohen Cerner Perforating Arts Center staff person responsible for the slow having another
Dozens of African-American Cal Poly graduates and their
families and friends used to be featured on Charter Public
Access until too many community-oriented shows were banned Dr.Silvia Ortlz,leader-in the
by new'rules'against marred women,dedicated,unselfish Latino Community,
producers and others were wi Ow up by the host of the psychologist and frequent
Libertarian Party show,Gail Lightfoot,appointed Secretary,in contributor to Public Access
Jan.2007.While her older,white Libertarian producers,he television's-Proyeclo Unido-,
husband,Richard Venable,and Libertarian friend,Ed Moss, w the"Six O'clock News—Liver"
were given a plaque or more Libertarian shows from other and other shows banned
areas,almost all diversity,quality and local shows were going beginning in Jan.2007.An
off the air.
Gaff Ligiiffm started doing°Orientation°classes to*a)#=' avocets for mental health and
why she and other older,white people needed to do all the Latino issues,she could only
Changes they did in secret.meetingsr or through phone calls or appear on one show,'Latino
Issues', a show hosted by the
List Hispanic host left on Public Access. But producer
and host Linda Villanueva Quesenberry has even
until August 2008 been threatened with having this
_ last show of any diversity puled from the air for
alleged violations of rules, including supposedly not
knowing what is on her show,not even a violation of
the rules but applied to Cartton Brown, Patrick
�- — Germany and other alleged"ghost producers",all
ernads to each otherminorities accused of letting white producers host
She explained what would happen if there were too many black their shows.
people on Public Access(hear,ecordirig,see emails)in early All minorities also appeared fast on white producers
2007 to new and veteran producers. shows such as the"Ser O'clock News"weekly hour-
Later,she would be censored and demoted by the"Ouorum of long live show,a kind of"open mike"show for anyone
Four'remaining Board members by Sept 2007 for trying to to work on,be a guest on or even host anytime they
inform members what was going on. wanted.
Delores Huerta,Co-Founder Unfted Farm Worfaei with Cesar Chavez. Nominated Senator Hillary
Clinton or President at the 2008 Democratic Convention.Helped
Bobby Kennedy win the California nomination in 1963.At his side
.ust before he was shot.Visits San Luis Obispo and Santa
Barbara Counties, interviewed by"The Six O'clock News—Liver
hostir reporter Ron Bearce at Cal Poly in 2001.
ng a, with marry diverse guests the banned producers have
wed hard to put on Charter Channel 2,marry have been
national leaders in marry fields.That coverage ended with the false
`' accusations against dozens of commumihwriented
Producers by Charter cable staff and their special-interest/
promotional, non-diverse hosts of mainly religious,potitical
r business"infomerciar shows,starting in lade 2006 or earlier.
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V E N T U R E S
September 16, 2008
CITY OF SAN LUIS OBISPO
805-781-7114
RE: BID
Honorable Mayor and City Councilmembers
I am unable to attend this evening's meeting but I do have comments that I would
like to share.
First, I would like to compliment staff on their efforts and coordination of the Tourism
Business Improvement proposal;unfortunately,they might have been too efficient as
many properties were not totally aware of the time requirements. Some of the
Lodging community believe they did not receive notices as to a starting date, nor
were they aware of the election of the Advisory Board. This has created some
unnecessary apprehension.
Therefore, I would like to suggest that the Council adjust the start date to September
1, 2008 with the understanding that for those that didn't initiate collection by that
date, a 30 day contingency period would be granted. It would also be understood
that this assessment would not apply to any pre-paid deposits but definitely on all
funds collected after the October 1, 2008 extension date. And, for those properties
that have already initiated the collection, they should continue to perform as
originally outlined.
In closing, I would suggest that the Council recognize that the first Advisory Board
meeting,September 3,2008,with a total of five lodging numbers may not have been
a valid representation of the lodging community and this important meeting should
be re-noticed.
I believe it very important that the hospitality community act in unison, begin to
generate additional capital for marketing purposes and begin to stand on its own.
This BID is a good first step and a good business decision for all. Please continue to
support this program and offer the guidance and consideration necessary to establish
its future.
s ectfully submitted,
69hn E. King
King Ventures 285 Bridge Street San Luis Obispo, CA 93401 805544-4444 805 5445637 FAX
- � � c7l,h °<FKO
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V E N T U R E S
September 16, 2oo8
To: Mayor Dave Romero,Vice Mayor Paul Brown, Council Members Andrew Carter, Christine
Mulholland and.Allen Settle
My name is Diane Hull. I am a resident of the city of San Luis Obispo, and the corporate
controller for King Ventures, Hotel Division; Apple Farm is one of our hotels.
John King, Partner in the Apple Farm supports the efforts to launch a Tourism Business
Improvement District (TBID) to fund the promotion and marketing of San Luis Obispo. We
would have participated in the City Council hearings in the Spring of 20o8, but were not
officially notified. We did not receive any official notification prior to any of the city council
meetings in April, May or June 2oo8. To further add to our confusion, some of us still
thought the hotels were evaluating both the county and city BIDs.
We were not aware of the action taken by the city council in June until Monday September 8.
Brigitte Elke informed me there was a notice included with the August TOT return advising
about the new ordinance. We received it on August 21, 20o8, but as a matter of routine, we do
not look at TOT paperwork until the return is due, which for August is the end of September.
At a minimum, there should have been a special mailing, probably certified, immediately
following the final adoption of the ordinance on June 17, 2oo8. There should have been
extensive outreach to all hotels by the few individuals behind the ordinance, particularly given
the extremely low attendance at the council meetings in the spring.
An overwhelming majority of hotels did not begin collecting the fee in August because they
were unaware the TBID had been established.
There was an emergency meeting called by the TBID board on Wednesday September 3,
20o8. We did not receive any notification that this meeting was scheduled. Did they comply
with the Brown Act?
According to the minutes of the September 3 meeting,the TBID board decided to call hotels
to initiate collection of the fee. The Apple Farm did not receive a phone call from the board.
Our first notice was an undated letter received by the General Manager on Monday
September 8, which prompted our phone calls to the TBID administrative analyst, Brigitte
Elke.
King Ventures 285 Bridge Street San Luis Obispo, CA 93401 (805)544 4444 (805)544-5637 FAX
i
We obtained our first copy of the ordinance Monday September 8 at 5 pm. We learned from
Brigitte at 10:4o am on Wednesday September io that another meeting of the TBID was
scheduled at 11 am. Again, did they comply with the Brown Act?
Karen Roots, controller for the Apple Farm and I attended to voice our concerns about how
this has been handled. Apple Farm was the only hotel represented other than the 3 board
members present. Why didn't the TBID notify the hotels about this meeting? There has been
insufficient communication between the`founding core' hotel group, the city administration
and the hotels with respect to rolling out this new TBID. One board member stated he had yet
to make contact with 2 of the hotels on his list at the September 10, 2oo8 meeting.
Our goal is to unify the hotels and smooth over this rocky start, and embark on our new
promotion and marketing endeavor, cooperatively and mutually supportive. In addition,
since the Apple Farm will be contributing 7% ($72,000) of the annual TBID revenue, we
would like the opportunity for an active role in the TBID. What is the budget process for the
annual revenues of approximately $1 million dollars?
In conclusion, we request either 1) a`soft roll-out' of the assessment during the month of
September allowing hotels to report and remit assessment fees from the date they start
collecting, or 2) change the effective date to October 1, 2oo8 to allow hotels to update their
Expedia offerings, provide notice to guests making advance reservations, etc. Even starting
on October 1, there will be many guests with advance reservations who were not informed
that there will be an additional 2%fee charged to them.
Furthermore, we would like to understand the mechanics of how the TBID operates,
including how decisions are to be made. Due to the lack of hotel participation at the
September 2, 2oo8 council meeting, can we do a mulligan and start over with a new Advisory
Body Formation meeting, particularly since three members will serve between 5 and 8 years?
Respectfully submitted,
Q/ L4— �/ (
Diane Hull, Corporate Controller
King Ventures, Hotel Division
285 Bridge Street
San Luis Obispo, CA 93401
King Ventures 285 Bridge Street San Luis Obispo, CA 93401 (805)544-4444 (805)544-5637 FAX
JAMES ARNDT
V.P. SUMMERHILLS HOMEOWNERS ASSN.
1080 BLUEBELL WAY
SAN LUIS OBISPO, CA 93401 `
SEPTEMBER 16, 2008
Honorable Mayor Romero and Council Members
I have a few remarks regarding the subject Alder tree and a few associated observations:
The City document states that this tree is a "theme" tree. Wherein does this term been come
from and what does it mean? One of the tree committee members at the meeting to discuss the
subject tree said this tree served as an entrance to French Park. If that's the case, I suggest the
City move it across the border and into the Park where it would be more appropriate. Then we
can all be happy.
Alder tree does not appear on the City's "Street Trees Master List." Who decided to plant it in
this limited space? Such a specimen tree belongs in an open area where it can be viewed from all
sides such as in the French Park right next door. It is ironical that only the City sidewalk is
currently cracking which the city will be obliged to fix if gets any wider.
How many trees on City right-of—way does the City root-prune and install root barriers for each
year? Where are they, I would like to inspect them.
I see no reason why the C.A.O has recused himself from the deliberations just because he lives
across the street. He should be in a good position for judgment since he can see and inspect the
tree and he knows financial alternatives. Maybe he should sometime take a walk along the border
between French Park and Summerhills that stretches from Poinsettia to Morning Glory to see
some of the unsightly area on the City side of Summerhills fences.
Summerhills is a quasi organization receiving little City benefit. We maintain our streets; provide
our own street lighting, get no street sweeping, the police department considers our entire area as
"private property", we have to maintain all of our street trees, we can't put up yield signs on
Bluebell Way where it enters Poinsettia. Since we must maintain our little enclave of 78 units the
Board feels that we should be the ones to better judge issues such as that before us.
As an aside, what services are provided by the City? The City has had to replace about 25% of
the water lines leading into the residences. The resulting street excavations are filled with a "cold
patch" and later replace with a "hot patch." Last fall we were assured that all of the "cold
patches" had been replaced before we repaved our streets. Not so! Now,just a few months after
we have our streets "new" again, outlines appear where they will be dug up again. I think the
City owes us a new street coating on that stretch after the digs are done.
Thank you,
(A.� 1.,e
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ALLOWABLE ZONES CHARACTERISTICS
I-In parkway or tree well C=Fall Color D=Deciduous
2-3 to 7.5 feet from curb or sidewalk if F=flowering G= Suggested trees for Commemorative Grove
3-7.5 to 10 feet from the curb or sidewalk if resent E=Evergreen
BOTANICAL NAME COMMON NAME CHARACTERISTICS HEIGHT WIDTH ZONE
Ilex-oAmerican Hollv E 1 1 50 40 2-3
Brach chiton acerifolius Australian Flame tree E F 60 30 3
Gei'em Parviflom Australian Willow E 30 20 1-3
Pyrus calleryana Aristocrat Flowering Pear D C F 40 20 1-3
Tristaniopsislaurina Water Gum E F 45 25 2-3
Eriobouva deflexa Bronze loquai E F 15 10 1-3
McWcum quingumervin Cie ut tree E F 40 25 2-3
Platonus meemosa California Svcamore D G 80 50 3
Cinnamomum cam horn Cam hor Tree E 50 60 3
Pinus canariensis Canary Island Pine E 80 35 3
Calodmdrum capense Cape Chestnut D F 40 40 3
L onothamnus floribundus Catalina Ironwood E 35 15 1-3
Ulmus Parvifulia Chinese Evergreen Elm E 1 60 60 2-3
Chion mthus-mmsus Chinese Fringe D C I F 20 20 1-3
Pistacia chinensis Chinese Pistache D C G 60 40 2-3
Quercus agrifolia Coast Live Oak E G 70 70 3
Eucalyl3tus_tarquata Coral Gum E F 36 30 1-3
Quercus sober Cork Oak E G 60 60 3
Metasequoia glyptostroboides Dawn Redwood D 90 20 3
Cedms deodara Deodar Cedar E G 80 40 3
Cerciscanadensis Eastern Redbud D C F 35 35 1
Stmocarpus sinuams Firewheel Tree E F 30 15 1-3
Melaleuca linariifolia Flaxleaf Pu- ark E F 30 25 2-3
Koelrcuteria paniculam Goldenmin Tree D F G 35 40 2-3
-Quercus ilex Holly Oak E 60 60 3
Gleditsia triacanthos incrmis Honm Locust D C 70 35 1-3
Ficus microcarpa Indian Laurel Fig E 60 70 3
Jacaranda mimosifolia Jacaranda D F 40 30 2-3
La erstroemia fmrei Japan=Cmpe Myrtle D C F 30 30 I-3
Magnolia grandiflom"Little Gem" Litde Gem MagnoliaE F 25 IS 1-3
Platanusacerifolia London Plane Tree D 80 40 2-3
Arbutus-marina Marina Mad=e E F G 40 40 I-3
-Ginkgobiloba Maidenhair Tree D C 5o 30 1-3
-Mayterms boaria Ma en Tree E 50 20 1-3
Metrosideros excelsus New Zealand Christmas Tree E F 30 30 1-3
Bauhinia variegate PurpleOrchidTree D F 35 35 2-3
Acer mbmm .Red Maple D C 60 40 1-3
Bctula niwn River Binh D 90 60 3
Zelkova serrata Sawleaf Elm D C 60 60 2-3
Albicia'ulibrissin Silk tree D F 40 40 2-3
-Magnolia grandiflora Southem Magnolia E F 80 60 3
Heteromeles-arbutifolinTo on E F 25 25 1-3
-Pittosporum undulamm Vcmrian Box E F40 40 2-3
Crn s haeno rn Washin w Hawthorn D C F 25 20 1-3
Cercis occidentalis Western Redbud D C F 18 1 IS 1 I-3
Trees not included on this list may be used only with prior approval by the City Arborist.
REVISIONS JBLBL
DATE city Of
Remove Sweet Gum 11-� �iaiiu�llll�ltlll�llla,�U san STREET TREES
Iistupdate 11-06 Mtge LUSS MASTER LIST
Add legend;Update 1-03
STANDARD CURRENT AS OF: January 2008 OBISPO 8010
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Is the property owner responsible for repairs if the concrete damage is
caused by a tree?
The City encourages street trees in front of residences. The property owner is
responsible for the maintenance of the street tree but the City will repair the
sidewalk when the concrete has been damaged by a street tree. Concrete damaged
by other trees is the responsibility of the property owner. Maintenance, trimming and
replacement of street trees and shrubs is governed by Chapter 12.24.110, 12.24.120
and 12.24.150 of the Municipal Code.
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September 16, 2008
Dear Council:
I would appreciate that the counsel might decide not to issue the removal permit.
The site has been undeveloped for some years and has seen the attrition of several trees from
the front and interior of the parcel. The building site and vegetated corridor along the creek was
scarified just over top of bank. As part of the approval sought for development the applicant
proposed that three mature trees would be preserved, including the two individuals subject to this
hearing. Previously the applicant had representatives assert that these two trees would be
preserved and protected from the project impacts that extend to the nearly top of bank and most
every other inch of the site that could possibly have been improved.
The applicant has further informed me that he feels that eucalyptus trees are undesirable.
I would ask that the counsel consider the following. The site is located in a corridor of trees
planted adjacent to the railroad right of way. The plantings are similar to many in SLO
representing approximately 10%of the exiting trees in the city limits. Examples of these areas
include the creek side of 1220 block of Pismo Street, and the majority of trees in Sinsheimer
Park. Trees almost identical to those now lying under the council's ax are a major esthetic
feature of the Railroad Square project.
The same arguments for removal of trees could be made for these sites and others. In fact the
city has little precedent for having an entire creekside area de-vegetated, especially if the
application is done in a piecemeal fashion such as has occurred here. These trees appear to
have a very low nuisance level and provide some canopy to reduce heat and noise factors. One
would assume that they would improve the conditions to establish new plantings of native species
and allow them to become established prior to a latter application for removal. I would suggest a
ten year time line
The riparian corridor contiguous with the parcel have been protected by the city for years and
include dedications in title to the City. The site has become significantly degraded and compares
poorly with all of its neighbors and I am requesting that you find for the appeal.
/a4a,
R F Mueller
604 Henderson Avenue,Suite 200
San Luis Obispo,CA 93401
direct.805.597.5100
fax.805.597.5151