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HomeMy WebLinkAbout05/06/2003, A1 - DISCUSSION OF ARCHITECTURAL REVIEW COMMISSIONER RESIGNATION AND RECENT COMMUNITY COMMUNICATIONS REG council M.6"Da. j agenda nepoin "..6� CITY OF SAN L UIS OBISPO !/!' FROM: Mayor Romero and Members of the City Council Prepared By: Lee Price, City Cler6d SUBJECT: DISCUSSION OF ARCHITECTURAL REVIEW COMMISSIONER RESIGNATION AND RECENT COMMUNITY COMMUNICATIONS REGARDING AN APPOINTMENT TO THE ARCHITECTURAL REVIEW COMMISSION RECOMMENDATION Provide direction to the Council Subcommittee and/or staff, as appropriate. DISCUSSION Earlier this year, the City Clerk conducted a recruitment to fill vacancies on most of the City's advisory bodies, including two seats on the Architectural Review Committee (ARC). After the recruitment closed, the Council Subcommittee to the ARC (Vice Mayor Mulholland and Council Member Schwartz), interviewed applicants and concurred on their recommendation. At the meeting of March 18, 2003, the Subcommittee formally nominated Jim Lopes for re-appointment and Bob Vessely as a new appointee,both to serve terms of four years each. Council Member Ewan was absent at the meeting of March 18`x'. Mayor Romero voiced concerns with the reappointment of Mr. Lopes and proposed that the appointments be deferred until all members of the Council were present (see Attachment #1, 3/18/03 Minutes Excerpt). There being no support for continuing the matter, the appointment recommendation was approved on a 3:1 vote with Mayor Romero in opposition. Before and following the Council meeting of March 18th, the Council received some written and email communications about the ARC appointments. Those communications are attached (see Attachments #2, 3 4, and 5). On April 7th, Jim Lopes was sworn in to office. Bob Vessely submitted his letter of resignation(see Attachment#6)prior to officially being seated. During Communications at the meeting of April 15"', the Council briefly discussed Mr. Vessely's resignation and other recent relevant communications received to-date (see Minutes of April 15t' in this agenda packet). Because these matters were not on the agenda and had not been noticed, staff was directed to place them on the next agenda for Council discussion and to include copies of the past correspondence on the topic. 0 ARC Resignation and Appointment Page 2 It would be appropriate for the Council to provide some direction to the Council Subcommittee and/or staff about coming back with an appointment recommendation to fill the current vacancy on the ARC. While the Council may discuss existing appointments to the ARC,it should be noted that any formal action by the Council must be placed on a future agenda with direction to staff. Attachments: 1. March 18'hCity Council Meeting Minutes Excerpt 2. Email from George Moylan, Housing Authority 3. Letter from Steven Pugilisi,AIA 4. Email from John Rossetti, Rossetti Company 5. Letter from Bill Bird, San Luis Obispo Marketplace 6. Letter of resignation from Bob Vessely � I � City Council Meeting Page 2 Tuesday, March 18,2003,7:00 p.m. ATTACHMENT 1 The Council,with the assistance of Deborah Holley and Marshall Ochylski, presented the Downtown Association Beautification Awards. APPOINTMENTS Al. APPOINTMENT RECOMMENDATIONS TO THE ARCHITECTURAL REVIEW COMMISSION. Mayor Romero suggested Al be deferred until all members of the Council are present. He indicated that he is uncomfortable with one of the nominations and added that he would prefer to see an architect appointed to the ARC. Vice Mayor Mulholland and Council Member Schwartz provided comments in favor of the recommendation. ACTION: Moved by Mulholland/Schwartz to 1) Reappoint Jim Lopes to a four-year term beginning on April 1,2003 and expiring on March 31,2007. 2)Appoint Robert Vessely to a four-year term beginning on April 1,2003 and expiring on March 31, 2007; motion carried 3:1 (Romero). A2. APPOINTMENT RECOMMENDATIONS TO THE BICYCLE ADVISORY COMMITTEE. ACTION: Moved by Settle/Mulholland to 1)Appoint.Glen Matteson to a four-year term beginning on April 1, 2003 and expiring on March 31,2007. 2)Appoint Phil Reimer to a four-year term beginning on April 1,2003 and expiring on March 31, 2007; motion carried 4:0. A3. APPOINTMENT RECOMMENDATIONS TO THE CONSTRUCTION BOARD OF APPEALS. ACTION: Moved by Settle/Mulholland to 1) Reappoint Gregory King to a four-year term beginning April 1,2003 and expiring March 31,2007. 2)Appoint Niel Dilworth to a four-year term beginning April 1,2003 and expiring March 31,2007; motion carried 4:0. A4. APPOINTMENT RECOMMENDATIONS TO THE CULTURAL HERITAGE COMMITTEE. ACTION: Moved by Settle/Mulholland to 1)Appoint Barbara Breska to a four-year term beginning on April 1,2003 and ending on March 31,2007. 2)Appoint Sandy Baer to a four-year term beginning on April 1,2003 and ending on March 31,2007. 3)Appoint Frank Scotti to a four-year term beginning on April 1,2003 and ending on March 31,2007; motion carried 4:0. A5. APPOINTMENT RECOMMENDATIONS TO THE CITY OF SAN-LUIS OBISPO HOUSING AUTHORITY. ACTION: Moved by Settle/Mulholland to 1) Reappoint Jamie Daniel,tenant representative,to a two-year term to begin on April 1,2003 and expire on March 31, 2005. 2) Reappoint Elizabeth "Biz"Steinberg to a four-year term to begin on April 1, 2003 and expire on March 31,2007. 3)Appoint Marti Reed to a four-year term to begin on April 1,2003 and expire on March 31,2007; motion carried 4:0. FILE No.579 04/22 '03 15:47 .-,�D:HOUSING AUTHORITY FAX:,�05 543 4992 PAGE 1/ 1 ATTACHMENT 2 George Moylan From: Ken Schwartz[kschwart@siocity.org] Sent: Friday, February 21,2003 4:29 FM To: George Moylan Cc: Christine Mulholland Subject: Re:Architectural Review Commission George, thanks for taking the time �to share your observations regarding the conduct of one of the members of our ARC. I shall keep what you have said in mind (but also in ointment confidence) as Christine and I interview candidates to recommend to the CC for app to the ARC next year. Ken S. >>> "George Moylan" cgmoylanahaslo.org> 02/21/03 10:24 AM >>> Dear Christine and Ken: This is an extremely unusual occurrence for me, in fact it is unique. in almost 40 years of being involved in the public's business I havenot once complainedrd or t an,electedor any member official as to the conduct or operation of an appointed of a Board or Commission. Although personally successful in recent appearances before the I have been struck by the lack of professionalism of the Architectural Review Commission ulting behavior towards architects, landscape architects, Board which borders on almost ins ed with the apparent f designers, and other professionals. That couplrustration of other members of the Board who seem to be simply tired and frustrated by the some etimebeforeean comments of their colleagues makes for an uncomfortable, unpleasant app important City Commission. The incumbent who has re-applied for another term is the chief antagonist in the above situation. I believe there are four other candidates for the available positions on the Board. Three of them I have worked with personally, the fourth I do not know. However, I can state with a comfortable measure of certainty that any of of the the fouARCr would be an improvement upon the incumbent in carrying out the missionSincerely, George Moylan 1 w-4 W - 10- [UUJ 11 ;41AM JIh7VIY rUULiJI OUJ IIJ 44VO iru- UaOU r • t �i ATTACHMENT 3 SIMON PUGLISI COMPANY ARCH ITECTUM RECEIVED MAR 16 2003 RED FILE -SLO CITY CLERK ME ING AGENDA DA' ITEM #L,4 Marg 18, 2043 �/CCUNCI O'CDD DIR ,QP CAO If FIN DIR ;eACAO 6 FIRE CHIEF ja'ATTORNEY OW DIR San Luis Obispo City Council p CLpT HEAD C�IREC DI/0910 R HF 890 Palm Street ZHR a DIR San Luis Obispo, CA 93401 _..__..� ..._... ......_ Honorable Council Members Having participated In Architectural Review Commission matters since designing Marshall's Jewelers In 1975, over the next 28 years I have had the opportunity to work with the Commission on many, many occasions. Some bitter sweet, some disappointing, most good. Throughout these encounters I have come to rely on Commission members with architectural training to best understand the various proposals before them. Be it aesthetics, building codes or construction costs, the design professionals are best trained to render expert opinion and judgement. For these reasons I feel it most Important that several seats on the Commission be held by these skilled individuals. I hope you, the City Council, will consider my thoughts when making appointments to the Architectural Review Commission. Respectfully, Steven Puglisi AIA SIMON PUGLISI COMPANY 226 ENCANTO AVENUE• SHELL BEACH,CA 93449 , P.80S.773.01S1 • F.809.773.4406' hUOS.886.8795 - E.SPU01.210CHARTENNET YC,12,938 1 + ' ___ ._ _._.._._Jam --L --- — Barbara Ehrbar-James Lopes appointment to the A.R.C. _ _ _ Page 1 ATTACHMENT 4 r(u K PI rn From: "John Rossetti" <john@rossetticompany.com> Ma.i d c Lti ILL To: <behrbar@ci.san-luis-obispo.ca.us> WkA ,.gid Date: 3/21/03 3:26PM Subject: James Lopes appointment to the A.R.C. Dear Mayor and Members of the Council, I would like to comment on the appointment of Mr. Lopes to the A.R.C. I must state that this is a difficult letter for me to send as I like Mr. Lopes, as an individual very much, and sincerely hope that this does not. jeopardize our friendship. Mr. Lopes is quite frankly an obstruction to the A.R.C. completing it's task. As an example, when we were taking the remodel before the A.R.C. Mr. Lopes spent close to 30 minutes insisting the center would not be patronized by shoppers unless a.20 foot wall of Plexiglass was installed in front of each stores opening, to block the wind. A silly idea at best. This project to date has done just fine with out these plexiglass screens. He also took quite a bit of time showing drawings he had made that showed a parking garage set squarely in front of the Big 5's store. When it was stated that clearly Big 5 would never allow such a move , he offered to help us convince them that this would be in the best interests of the city and therefore in their best interests. This all took a great deal of time and sent all involved away, scratching their heads. In my opinion a more in touch candidate could be found. Thank you for listening. John Rossetti Rossetti Company 1065 Higuera Street, Suite 301 San Luis Obispo, CA. 93401 805.544.3900 805.544.3922 FAX �LP A _3e,- ,n an � uis 06z ATTACHMENT t� 4127ke t LAGS , � � coo March 25,2003 Dave Romero, Mayor City Council City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Re: San Luis Obispo Marketplace Honorable Mayor and Councilpersons: I was disappointed to learn that James Lopes was reappointed to the ARC. In most cases it would be a benefit to have a professional planner sit on a Planning Commission or ARC. Unfortunately Mr. Lopes seems to live on another planet. His thought process is very narrow minded, impractical and detrimental to the City's goal of providing constructive guidance to applicants. In my 40 years before many similar commissions reviewing developments projects I have been involved with throughout California, I have not encountered anyone as unrealistic in his approach to the tasks of an Architectural Review Commission as Mr. Lopes. This in turn inhibits the Commission from making good qualified recommendations. I believe it is pretty obvious that Mr. Lopes intends to place roadblocks for all new projects, hoping no new projects will be built. For years 1 observed Mr. Lopes make unrealistic demands at public hearings. Placing him in a position of power just feeds his attempt to force his small minded concepts on all new projects proposed in the City. Sincerely, William ird ,, '^r SAN LUIS OBISPO MARKETPLACE ASSOCIATES LLC•510 SOUTH GRAND GLENDORA CALIFORNIA 91741•PHONE(626)963-1505 FAX(626)963-5930 RT_S.[/ . ROBE VY ATTACHMENT CIVIL & STRUCTURAL ENGINEERING RECEIVED 143 Poc&St., Suite 8 San Luis Ohispo, CA 93401 805/541-2003 APR 1 1 2003 April 3,2003 SLO CITY CLERK City Council City of San Luis Obispo 990 Pahn Street San Luis Obispo,California 93401 RE:Architectural Review Commission Mayor Romero and Councilmembers, When Lsubmitted my name for consideration for a seat on the Architectural Review Commission it was with the goal of improving the relationship between applicants and the City.The ARC,by virtue of the fact that the issues discussed are often subjective,must have the highest possible degree of credibility and professionalism.It has been brought to my attention that one commission member has consistently failed to conduct himself by these standards.While it is expected that differences of opinion will occur,this commissioner has time and again demonstrated a lack of tact and is reportedly even combative on occasion. Despite a history of complaints,the Council made the decision to essentially endorse the make up of the commission.Therefore my success at improving the City/applicant relations becomes unlikely. While I continue to support the efforts of the City and its advisory bodies,I have no need to be`tarred with the same brush"as the current ARC and as a result,I respectfuHy decline my appointment to the Commission at this time. Sincerely, ''AA'' Robert S.Ve 1 ,PE cc. f Mr.Charles Stevenson,Chairman I/Mr..John Mandeville,Community Development Director -ate-, GfcdARC mdm fli -8 4iLiMcouncit memopanoum lCity of San Luis-Obispo DATE: April 29, 2003 RECEIVED TO: Fellow Members of the City Council APR 2 9 ZOOS SLO CITY CLERK FROM: Mayor Dave Romero SUBJECT: ARC Appointment Item on 5/6 Agenda Attached please see three email communications I received personally regarding the re-appointment of Jim Lopes to the ARC. dCOU:::IL -ET COD DIR ICAO $FIN DIP RED FILE �PrATT0 NEY Q'Fpw D RIRE HIEF INNG AGENDA 13 LE!T HEADS Z REC DI CHF DAT�� ITEM #�„ ❑ DART HEADS $REC DIP jJ�t J2 UTIL DIP Ja'HR DIP, Cawci!Mcmomndum Dave Romero- Re• ARC appointment - Page 1 From: Dave Romero Subject: Re: ARC appointment >>> <Newlandg(a)aol.com>03/19/03 06:01 PM >>> Mr. Mayor, I would like to see the city council reconsider its appointment of James Lopes to the ARC. At minimum have the"full'council available for the vote. George Newland 1241 Ironbark SLO Dave Romero- Re: Lopes Appointment Page 1 From: Dave Romero Subject: Re: Lopes Appointment >>>"Pete lareau" <petelareauCcDcharter.net> 04/02/03 04:44PM >>> Dave, I hope that you will vote against the reappointment of James Lopes to the ARC. Sincerely, Pete Lareau Page 1 of I Dave Romero - BIG NO ON LOPES FOR ARC ! From: "Michael Harris" To: <dromero@slocity.org> Date: 4/8/03 11:15 AM Subject: BIG NO ON LOPES FOR ARC 1 file://C:\WINDOWS\TEMP\GW}OOOOI.HTM 4/25/03 RED FILE M ING AGENDA �' RECEIVED DATE_ 3ITEM #.!_ MAY 0 2 2003 To: Mayor Romero and City Council Members SLO CITY CLERK From: Charles Stevenson, Mirman, Architectural Review Commission Subject: James Lopes re-appointment to the ARC Date: May 1, 2003 This is in response to the recent controversy surrounding the re-appointment of James Lopes to the Architectural Review Commission and is intended to provide some additional information and perspective for your consideration. As chairman, I brought this matter up for discussion with the rest of the ARC at our last meeting, including Commissioner Lopes. The letter from Robert Vessely was read by each member and its content discussed. Most questioned his strong assertions about Commissioner Lopes and the ARC. Most were a bit confused by the assertions because they could not recall when Mr. Vessely last attended an ARC meeting. I, too, was confused by some comments because during the ARC candidate interview with Mr. Vessely, Council Members Schwartz and Mulholland, and myself, these concerns were not mentioned. Regardless, there was acknowledgment by ARC members that Commissioner Lopes had at times lacked tack while making his comments.This was also mentioned in another letter about Jim. As Chairman I have discussed this with Jim in the past and I have noticed improved demeanor. Commissioner Boudreau reported that he had received calls over the past couple of years about Commissioner Lopes and offered suggestions on improving in those areas. Jim accepted these suggestions willingly. Most Commissioners agreed that his inappropriate behavior was in the past. Members present that evening voiced their support for the re-appointment of Mr. Lopes. Commissioner Root was absent from that meeting, however I have discussed this matter with him on an earlier occasion and he expressed his support of Commissioner Lopes' re-appointment. Lastly, Commissioner Lopes brings to the ARC a level of detailed review of projects that others of us often do not. This may also be the cause of some irritation by representatives in the design and development community. In addition, some of his ideas may appear to be extraneous to a project, but they are often intended to bring out larger overall urban design issues which is also the role of the ARC. Commission members acknowledge Jim's attention to detail and said while they may often not agree with him, they do appreciate his attention to small details that can often be easily over-looked. Numerous projects have benefitted by the collaborative discussion and results derived from Jim's comments and suggestions. Jim brings to the ARC a considerable amount of land development related experience from his work as an urban planner that adds to the conversation and informs the design review process. In doing so, however, Commissioner Lopes provides only one voice among many others on the ARC. 4 2f COUNCIL d CDD DIR Z CAO e'FIN DIR 0ACAO � FIRE CHIEF "ATTORNEY PW DIR fd CLERK/ORIG 0 POLICE CHF ❑ P HEADS .2 PEC DIP .B (a UTIL DIP L'HR DIR j Ken Hampi�an Advisory Body Appointmr-'s - _N Page 1 From: Jan Marx <janmarx@fix.net> RECEIVED To: <council@slocity.org> VAY Ob 2003 Date: 5/5/03 9:28AM Subject: Advisory Body Appointments SLO CITY CLERK Dear City Council Members, I am writing to urge you to protect the integrity of City's long-standing advisory body process, the reputations of individuals who volunteer to serve, and the effectiveness of the City Council. THE PROCESS: It would be a serious mistake to allow any interest group to disrupt the advisory body process, as Bill Bird, the Chamber and others seek to do now. The Chair of the ARC and the Council Subcommittee decided to reappoint Jim Lopes, based on a thorough deliberative process, and this decision was confirmed by the majority of the Council. If anyone opposed the reappointment of James Lopes, they had the opportunity to speak out at the public hearing at which he was reappointed. They did not. They missed their chance Instead, special interest groups attacked Mr. Lopes AFTER he has been reappointed. Mr. Vessly, also appointed to the ARC, resigned in a much publicized protest at Mr. Lopes' reappointement. This kind of prima donna behavior should not be rewarded. Think of the precedent it would set It is up to the Chair and the Council Subcommittee to deal with any Advisory Body appointees performance problems as they arise. Is a member missing too many meetings? The bylaws are clear, he or she should step down. Has member violated the FPPC? Has a member taken a bribe? Does a member refuse to read and analyze the material prior to a meeting? Is a member falling asleep during meetings, making fun of environmental law or insulting members of the public? All these and more are possible grounds for not reappointing someone to an advisory body. But, taking the job too seriously, being too diligent, spending too much time analyzing the facts, caring too much about our City, or probing too the issues too deeply, these are not grounds for removal. In fact, these qualities are to be encouraged. If there are internal problems, short of grounds for removal, these have been, and should be, RED FILE worked out sensibly and sensitively by the Chair and the Council Subcommittee. During my four years on the Council, I helped work out MEETING AGENDA many such problems. It is important that the Council do everything you DAT s(p ITEM # �}1 can to protect the integrity of the process from any special interest group which seekto manipulate it. The very future of the Advisory Body process is at stake here. Please protect the process. REPUTATIONS: Please consider what is happening from the point of view of the people who serve on our advisory bodies. It is up to the Council to maintain a safe environment for our volunteers. People who run for public office know they could be exposed to lies about their character or performance by special interest groups. But people who volunteer do _ not sign up for such treatment, nor do they deserve it. Think of the j k"COUNCIL dCDD DIP precedent you would set, if you allow post-hoc"recalls"of your f-r CAO DEIN DIP appointees by any interest group which chooses to target someone who <ACA0 ;?FIRE CHIEF does not make decisions that group agrees with. Please protect the ICJ ATTORNEY 2 PW DIR City's volunteers. ZCLERK/ORia 1� POLICE CHF ❑ DEPT HEADS 2rPEC DIP THE COUNCIL: The Advisory Bodies report to the Council, not to staff. d 7IJTIL DIP �1— f eHP DIP KenHbmpian -Advisory ody Appointmp^+s Page 2 They are the"eyes and ears"of the Council, and their work is invaluable. They are"watchdogs"for the residents of the City. If a special interest group—of any stripe—is allowed to ignore the process, bully appointees with prima donna tactics, and undermine the decisions of Council when it comes to advisory body appointments, the very effectiveness of the Council to lead the City is threatened. Please do the right thing, and stay loyal to your appointees. Please continue the Council's tradition of good governance. Jan Howell Marx, former City Council Member CC: <khampian@slocity.org> Allen Settle-Lopes Pogrom Page 11 From: Richard Schmidt<rrschmid@polymail.cpunix.calpoly.edu> To: Allen K Settle <asettle@polymail.cpu nix.calpoly.edu>, <asettle@slocity.org> Date: Tue, May 6, 2003 12:33 PM Subject: Lopes Pogrom Allen, I certainly hope you will support Jim Lopes, as a matter of principle to protect the integrity of our advisory committee process. If the word gets out that bullies can coerce the council into firing people from commissions, you may as well throw out the entire commission system—it will mean nothing, it will have no integrity. Commissions will become mouthpieces of the biggest bullies in town, and will cease to protect the public interest. Are we to be subjected to this sort of McCarthy-like new standard for who can serve on commissions? Please the Chamber, or pack up and leave? Think where this will end. If the bullies are empowered,what's next? Intimidation of council members? Recalls against anybody who resists the Chamber-axis? Please stand up for the integrity of the process. This sort of pogrom has no place in our city. Richard RECEIVED MAY 0 6 100 SLO CITY CLERK �20tO UNCL -t'- DIR CDD CDD iR �&-yrACAO 2'FiR DIR ,2-ATTORNEY 2 PW CHIEF J2rCLERK/ORIG OPO DIR O DEPT HEADS 2-RED DE CHF RED DIR 0� 2T"UTIL DIR 01HR DIP, RED FILE MffEME ING AGENDA DAT ITEM #_ >q I Lee Price- Item Al -ARC Appointment, ',sting Date May 6, 2003 y __.___._... ____.,_____ ___....__Page 1 From: "Cydney Holcomb" <cholcomb@charter.net> To: "Ken Schwartz" <kschwartz@slocity.org>, "John Ewan" <jewan@slocity.org>, "Christine Mulholland" <cmulholland@slocity.org>, "Allen Settle" <asettie@slocity.org>, "Dave Romero" <d romero@slocity.org> Date: 5/6/03 2:37PM Subject: Item Al -ARC Appointment-Meeting Date May 6, 2003 Dear Mr. Mayor and Members of the Council, I totally agree with all of the points made by Jan Marx in her letter to you regarding the controversy surrounding Jim Lopes' reappointment to the ARC. This situation is very disturbing and for the most part looks like dirty politics at play. The scanty record certainly doesn't support the public ridicule that Mr. Lopes has been forced to endure. Three of the five letters including Mr. Vessely's were submitted after the appointment was made. Neither Mr. Puglisi's nor Mr. Vessely's letters even mention Mr. Lopes by name. Furthermore, Mr. Vessely's accusations appear to be based on hearsay. And, as Jan mentioned no one came forward publicly to object to Mr. Lopes' reappointment. You have been placed in a very difficult position as well. These are"your"advisors and your appointment decisions should stand unless there is"justifiable" cause to revisit them. To do otherwise, would create a terrible precedent that could thwart the City's ability to recruit future applicants for all of the advisory bodies. Who would volunteer knowing they could be publicly removed because they had a silly idea or weren't particularly pro-development? I know I wouldn't. Sincerely, Cydney Holcomb CC: "Lee Price"<Ipdce@slocity.org>, "Ken Hampian" <khampian@slocity.org> EM ED 00 LERK 'COUNCIL DD D I R OCAO 2"FIN DIR ®'ACRO ,, FIRE CHIEF Z ATTORNEY [7pw DIR dCLERKIORIG Z POLICE CHF RED FILE p T.HEAD9 C'REC DIR ['�ITIL DIR M I G AGENDA = "R.DIR p - (Q `A ITEM #-A _