PUBLIC COMMENTS AND WRITINGS CITY COUNCIL MEETING APRIL 14, 2021

Page created by Andrew Warren
 
CONTINUE READING
PUBLIC COMMENTS AND WRITINGS CITY COUNCIL MEETING APRIL 14, 2021
PUBLIC COMMENTS AND WRITINGS
    CITY COUNCIL MEETING
        APRIL 14, 2021
PUBLIC COMMENTS AND WRITINGS CITY COUNCIL MEETING APRIL 14, 2021
PUBLIC COMMENTS AND WRITINGS
       AGENDA ITEM 2
PUBLIC COMMENTS AND WRITINGS CITY COUNCIL MEETING APRIL 14, 2021
CERTIFIED MAIL PROOFS FROM APPELLANT
PUBLIC COMMENTS AND WRITINGS CITY COUNCIL MEETING APRIL 14, 2021
PUBLIC COMMENTS AND WRITINGS CITY COUNCIL MEETING APRIL 14, 2021
PUBLIC COMMENTS AND WRITINGS CITY COUNCIL MEETING APRIL 14, 2021
PUBLIC COMMENTS AND WRITINGS CITY COUNCIL MEETING APRIL 14, 2021
PUBLIC COMMENTS
PUBLIC COMMENTS AND WRITINGS CITY COUNCIL MEETING APRIL 14, 2021
From:               Joanna G
To:                 City Clerk"s Office
Subject:            [EXTERNAL] Asian TV Project - comment in SUPPORT of their appeal
Date:               Friday, April 2, 2021 5:07:08 PM

As a long term (20+ year) resident of San Marino I’d like to express my disappointment, embarrassment and disgust
at the treatment of the Asian filmmakers. Their project should have been approved and given the same treatment as
any project shooting in the area. I live in the immediate radius of one of the participants and gave my approval when
approached. I’m appalled at the treatment by the City (and some hopefully not representative bigoted community
members) to reject a project that would not have disturbed anyone including a close neighbor such as myself. I’m
horrified that the city I’ve raised my children in would behave in such a biased way against community members
who’ve done nothing but support our city.

Denying this project and the treatment of the filmmakers is appalling and an embarrassment to our city. I’ll be in
attendance on the zoom appeal and will hope for a successful outcome and an apology to the women involved with
this project,

Sincerely,
Joanna Gardner

San Marino
PUBLIC COMMENTS AND WRITINGS CITY COUNCIL MEETING APRIL 14, 2021
From:
To:                City Clerk"s Office; City Council
Subject:           [EXTERNAL] 4/16 Filming Permit Agenda Item - Public Comment
Date:              Tuesday, April 13, 2021 9:41:55 AM

Good morning, City Clerk and City Council members. I thank you for your service to our city and
appreciate having the opportunity to submit a public comment. I would like to request that this be part of
the public record for the recent film permit request. If time permits, I wish that the following text be read in
its entirety at the meeting so it can be part of the audio record for the meeting.

The City’s Municipal Code Section 11.08.04 states that the City Council shall grant the permit to film only
if it finds the proposed filming will not adversely affect the public health, safety or general welfare. The
City’s nuisance, noise and parking regulations fully protect adjacent neighbors, and applicants agreed to
abide by all of those regulations. Granting the permit will not result in an adverse effect on public health,
safety or general welfare as a result of weekend filming.

Assumptions and opinions should not impact the City Council’s decision on this matter. The proposal
involves private citizens in the privacy of their homes. As long as they’re willing to work within city
regulations, their first amendment rights should not be curtailed, nor should our City Council refuse a
project that fulfills all necessary permit requirements. I urge our City Council to base its decision on the
facts and be fair. We’re all entitled to our opinions, but permits should not be granted based on them.

Sincerely,

Marisa Kelly
PUBLIC COMMENTS AND WRITINGS CITY COUNCIL MEETING APRIL 14, 2021
From:
To:                City Clerk"s Office
Subject:           [EXTERNAL] 4/14 City Council Meeting Public Hearing Agenda Item 2
Date:              Tuesday, April 13, 2021 3:55:06 PM

Dear Ms. Baker-

     I have reviewed the report from City Staff included in the agenda for this hearing as well as the
documentation filed by counsel for the Appellant. I found the relevant material submitted by all
parties both well written and well documented. I support Staff’s recommendation to deny the
Appellant’s request to film a commercial production at four homes within the City.

    In addition, I would like to use this forum to express my outrage with a relevant YouTube Video
which the Appellants posted approximately three weeks ago. While I appreciate their
disappointment with the City’s decision to deny their request for a filming permit, it does not excuse
the fact that the video alleged anyone who opposed the Appellant’s request was discriminating
against them based on their ethnicity.

    I have attached my letter to counsel for the Appellants, which was sent on 4/2/21, requesting the
18 seconds in the 7 minute and 41 second video which contained my name and a portion of my
original email be deleted. Though Appellant’s Counsel confirmed he shared my letter with the
Appellants, they did not give me the courtesy of a response.

Respectfully-

Timothy J. Sloan

San Marino, CA 91108

From:
Sent: Friday, April 2, 2021 4:58 AM
To: rmmcdonald@carlsonnicholas.com
Cc: 'Elise Sloan'
Subject: YouTube Video

Richard A. McDonald, Esq.
CARLSON & NICHOLAS LLP
301 E. California Boulevard, Suite 320
Pasadena, California 91101
Email: RMcDonald@carlsonnicholas.com

Dear Mr. McDonald,

It is with great disappointment that I am compelled to write this letter in response to the
video that your clients posted on YouTube (https://www.youtube.com/watch?
v=SvSq_mFgSFI).
At timestamp 4:19-4:24 in the video, your clients prominently display my name and a
portion of a March 9, 2021 one-paragraph email I wrote to the City of San Marino. Given
the overall purpose of and accusations expressed in the video concerning their views as to
why they did not receive approval to film a pitch or pilot for a television show at their homes,
the prominent inclusion of a portion of my email and my name, taken out of context and
placed in an overall piece that expresses your clients’ belief that they have been treated
unfairly and for racist reasons, labels me as a racist.

Here is the totality of my email:

       Dear Ms. Baker-
           I am writing in opposition of the request for a permit to film a reality TV
       show at four residences in our beautiful city. The use of homes for a
       business purpose is fundamentally contrary to our current residential zoning
       regulations, especially one, as in this case, which would include a large staff
       and multiple vehicles and equipment. I am concerned that allowing this
       filming to occur would open a floodgate of other requests given the unique
       character of San Marino.
       Best-
       Tim Sloan

Prior to writing this short email, I can assure you that I had no knowledge who your clients
were, their addresses, their gender, their ethnicity or nationality. All I knew was that they
were San Marino residents. The concerns I expressed about their request for a commercial
filming permit from the City were based entirely on my opposition, as a City resident, to any
commercial filming in or at residences in the City.

My wife Lisa and I have been privileged to live in San Marino for over 30 years. We raised
three children who all attended our public schools and were involved in sports and other
extracurricular activities and closely interacted with persons and friends of all ethnicities in
our City, as we all still do and enjoy today. Lisa and I have generously supported the San
Marino Schools Foundation, the San Marino Library, and many capital expenditure projects
at the elementary, middle and high schools that benefited all of our diverse student and
resident population.

In addition, Lisa serves as the Chairman of the Board of the Union Rescue Mission of Los
Angeles, which serves the homeless, regardless of race, creed, color, or any other
individual characteristic other than the fact that they find themselves without any place to
call home. We have also established scholarships for under-represented minorities at the
University of Michigan and Caltech.

I could go on, but only use these examples to illustrate that we support our diverse
community and any inference that we are racist is abhorrent to us.

Our request of your clients is simple. While we do not object in any way to your clients
expressing their views and opinions in their video or in any other manner they might desire,
we ask that they please edit the video to remove my name and email, found at 2:02-2:09,
3:49-3:52, and 4:19-4:24—a total of just 18 seconds out of the 7 minute, 41 seconds video.

Respectfully-
Timothy J. Sloan
From:                Dr. Marcella Marlowe, ICMA-CM
To:                  City Clerk"s Office
Subject:             FW: [EXTERNAL] Comment Regarding Filming Project
Date:                Wednesday, April 14, 2021 8:05:50 AM

Please note for the record that this was received by all Council Members.

City of San Marino |                Dr. Marcella Marlowe, ICMA-CM
                                    City Manager
                                    2200 Huntington Drive
                                    San Marino, CA 91108
                                    mmarlowe@cityofsanmarino.org
                                    P: (626) 300-0788
                                    CityofSanMarino.org

Please note: the City is currently limiting public access to City buildings. More information about our services and how to get
in contact with staff is available at http://www.cityofsanmarino.org/coronavirus. Thank you for your patience and
understanding.

From: Bumbee Picks 
Sent: Tuesday, April 13, 2021 9:36 PM
To: City Council 
Subject: [EXTERNAL] Comment Regarding Filming Project

Dear San Marino City Council,

As a long-time resident of San Marino, I would like to voice a short comment regarding the
filming permit issue that is on the agenda for tomorrow's city council meeting. I am aware that
the city's initial denial of permit has been both slandered and libeled a racist act. The film crew
is seeking an appeal under presumably an equal protection argument, pointing out in their
Youtube video that SMCC church's filming permission is a racially charged preferential
treatment.

I just want to point out one area that I am not sure if other residents have already voiced, and
that is the issue of Constitutional Levels of Scrutiny when it comes to freedom of speech
argument. Currently, from what the public knows about this film is that it is a reality TV show
that documents these four women's lives. Neither its content nor manner seems to rise to the
level of strict scrutiny, whereas SMCC's filming on its own church property is a
constitutionally protected exercise of religious freedom.

Furthermore, the city's initial denial of permit is based on San Marino city code. The code
itself, both the face and intent, does not discriminate against race. Please do not make
exceptions just because of a small group of people's use of social media. I am of Asian
descent; my family and many others in San Marino immigrated to the United States because it
is a country governed by the rule of law. Even if a decision is unpopular, it is only when we
uphold the highest standard of the rule of law can equality truly be achieved.

Thank you.
From:                Amanda Fowler
To:                  City Clerk"s Office; Christina Baker
Cc:                  Dr. Marcella Marlowe, ICMA-CM
Subject:             FW: [EXTERNAL] Film Permits in San Marino
Date:                Wednesday, April 14, 2021 5:17:10 PM

From: Sophie Hsu 劉淳宇
Sent: Wednesday, April 14, 2021 5:09 PM
To: Amanda Fowler 
Subject: [EXTERNAL] Film Permits in San Marino

To City of San Marino

I am Sophie Hsu, a 22-year resident on Mirasol Drive of San
Marino. This email is showing my support to the city's
requirement for a proper application for filming in the city
limit. It is my support to keep least disturbance and best living
quality in the San Marino community.

Regards,
Sophie Hsu

City of San Marino |                Amanda Fowler
                                    Community Engagement Manager
                                    2200 Huntington Drive
                                    San Marino, CA 91108
                                    afowler@cityofsanmarino.org
                                    P: (626) 300-0781
                                    CityofSanMarino.org

Please note: the City is currently limiting public access to City buildings. More information about our services and how to get
in contact with staff is available at http://www.cityofsanmarino.org/coronavirus. Thank you for your patience and
understanding.
From:                Dr. Marcella Marlowe, ICMA-CM
To:                  City Clerk"s Office
Subject:             Fwd: [EXTERNAL] Letter to City Council
Date:                Wednesday, April 14, 2021 5:50:09 PM
Attachments:         Letter to City Council - filming.docx

Please see below.

City of San Marino |                Dr. Marcella Marlowe, ICMA-CM
                                    City Manager
                                    2200 Huntington Drive
                                    San Marino, CA 91108
                                    mmarlowe@cityofsanmarino.org
                                    P: (626) 300-0788
                                    CityofSanMarino.org

Please note: the City is currently limiting public access to City buildings. More information about our services and how to get
in contact with staff is available at http://www.cityofsanmarino.org/coronavirus. Thank you for your patience and
understanding.

Begin forwarded message:

        From: Jennifer Kurumada Chuang
        Date: April 14, 2021 at 5:47:03 PM PDT
        To: "Dr. Marcella Marlowe, ICMA-CM" ,
        City Council 
        Cc: Al Chuang
        Subject: [EXTERNAL] Letter to City Council

        

        Jennifer Kurumada Chuang
        home:
        cell:
        Dr. Marlowe and Esteemed Members of City Council,
        I apologize for the late submission, but I understand that this issue will be discussed
        tonight and wanted to submit some thoughts for your consideration.
        Thank you,
        Jennifer and Alan Chuang
April 14, 2021

Dear San Marino City Council Members,

We know that you have a hard decision in front of you tonight. We can only imagine the
immense pressure and weight of deliberation that you have had to endure these past months, and
appreciate the tremendous service you give to our community by being council members.
Because of this we want to urge you to vote on this issue based on the facts of the case, with
thoughts of the precedents that you potentially set – we are not actually advocating for approval
or denial of the permit, but ask you to make your decision without fear of public reprisal.

As Asian Americans, one with a degree in Ethnic Studies and the other with a minor in Asian
American studies, we want to state that we do not believe that this case is about race, and are
saddened that members of the community have made it so. The residents that voiced their
concerns over the exposure, disruption, and unwanted attention such a project would bring to our
city were labeled racist, simply because the applicants are of Asian descent. When we inquired
about the accusation that no other permit had been denied, we discovered that this was actually
true, but not because all the other permits for similar projects by white people had been approved
– it’s only true because when the City worked with the previous applicants, they realized that the
requirements for obtaining a permit were outside their ability with which to comply and never
actually filed the application. The previous applicants understood that our community does not
desire commercial filming in our city. They respected that and dropped their projects rather than
try to pressure the City Council into getting their way.

Alternatively, tonight’s petitioners circulated a video on YouTube. The YouTube video accused
staff and residents who voiced their concerns of being racist. We were dismayed to see that
residents in opposition were attacked, despite having demonstrated decades of commitment to
improving the community through volunteerism, financial support, and simple neighborly
behavior regardless of the ethnic group their service benefitted. They do not oppose this project
because the applicants happen to be of Asian descent or because of its desire to promote Asian
American lifestyles; they oppose the project because they believe it would invite unwanted
attention to San Marino, a destination city that craves a quiet life. The content of the material and
the race of the applicants is not the basis upon which the decision ought to be made.
The matter should be ruled on the basis of written laws and codes regarding consent for
commercial filming projects. That was the reason for denial of the original application; if the
scope of the project has changed, a new application should be filed, else the basis of the appeal
no longer applies.

All applicants for permits, Design Review Committee, etc. are required to meet the consent
threshold for approval. If a law is believed to be too strict, then the law itself should be
reevaluated. The appeal to circumvent the law on a case-by-case basis is unfair and inequitable.
It sets the dangerous precedent that no future projects will have to meet city requirements for a
permit and unfairly burdens the City Manager and City Council with the subjective task of
granting exceptions based on public approval. Moreover, ruling on a matter simply to appease a
small group of the public is also unfair.
If the applicants have met all of the requirements, then you should approve their request for a
permit. If they have not, then you should deny it. Please determine the answer to this question
and make your decision based on the answers and facts, not out of fear for our city’s reputation.

We have loved being a part of this close-knit community for the past 15 years and have utmost
respect and gratitude for the community members that helped make it that way and the
ordinances that protect our gem of a city.

Respectfully,
Jennifer and Alan Chuang

San Marino, CA 91108
From:                Steven Huang, D.D.S.
To:                  Christina Baker
Cc:                  Dr. Marcella Marlowe, ICMA-CM
Subject:             Fwd: [EXTERNAL] Opposed TV Show Filming Permit
Date:                Wednesday, April 14, 2021 9:55:05 PM

City of San Marino |                Steven Huang, D.D.S.
                                    Council Member
                                    2200 Huntington Drive
                                    San Marino, CA 91108
                                    shuang@cityofsanmarino.org
                                    P: (626) 300-0700
                                    CityofSanMarino.org

Please note: the City is currently limiting public access to City buildings. More information about our services and how to get
in contact with staff is available at http://www.cityofsanmarino.org/coronavirus. Thank you for your patience and
understanding.

Begin forwarded message:

        From: cgblauvelt
        Date: April 14, 2021 at 5:42:43 PM PDT
        To: Ken Ude , Susan Jakubowski
        , "Steven Huang, D.D.S."
        , Gretchen Shepherd Romey
        , Steve Talt
        
        Subject: [EXTERNAL] Opposed TV Show Filming Permit

        
        We oppose the proposed San Marino TV Show Filming Permit. San Marino is a small, safe and
        wonderful community. We do not want publicity, especially considering the current pandemic and
        attacks on Asians. Sincerely, Carol and Hank Blauvelt
PUBLIC COMMENTS AND WRITINGS
       AGENDA ITEM 3
LETTER FROM APPELLANT
PUBLIC COMMENTS
Giles Design                                                                              2290 Lorain Road
                                                                                     San Marino, Calif. 91108
Jennifer Giles, Architect                                                                   O: 626.458.5577
                                                                                             C:
                                                                                             F: 626.458.5577
                                                                                      giles.design@att.net

October 28, 2020

Members of the City of San Marino Planning Commission:

The mixed use project proposed at 2404 Mission Street to be heard during tonight’s planning commission
hearing MUST BE DENIED for the following reasons listed below:

    1. This project does not meet the current guidelines of the City of San Marino’s General Plan established in
       2003. Though this parcel is zoned for commercial use, the owner is proposing only 7% of the overall
       square footage be used for that purpose. The remaining 93% is proposed as a mansionized, residential
       monstrosity in a low-scale commercial neighborhood.
    2. This project introduces a new layer of density not found anywhere else in the 4 commercial districts of
       our city.
    3. If the intent is to propose a commercial project, why not create just that. With only 550SF of
       commercial space charging on average $3/SF, income from this miniscule space will only provide
       $1,650/month in rent. How can that be a viable commercial asset?
    4. This project creates a negative impact on the neighboring area by not being respectful of the transition
       between residential and commercial zones entering San Marino from the west along Mission Street. Its
       large 30’ height, though within the maximum commercial height guidelines, looms over the pedestrian
       sidewalk and the single-story neighborhood feel of the streetscape. Its large 25’ tall blank eastern face
       towers over the adjacent front yard of the modest craftsman home located directly east…I ask you, how
       neighborly is that?
    5. This is NOT a project for low income housing when one of the two units is almost 6,000SF in size! The
       4 en-suite bedrooms and 3 massive living room spaces are grossly out of scale to any residence in the
       immediate area. This project is a ruse and is deceitful with its intent!
    6. The owners have increased the buildable area on the site by narrowing an existing easement from 14’ to
       12’ to allow an even larger footprint area for development. This allows for a building with an even
       greater presence along the street frontage of Mission Street.
    7. This applicant previously submitted a residential proposal for a new home on this same commercial site
       in 2019. At the time, the request included roughly a 4,000SF home with new detached garage. Today’s
       proposal includes a residence that is 150% larger plus an additional 1-bedroom apartment!

This project is a wolf in sheep’s clothing. It is masking itself as a commercial development when it is actually a
residential mansion looming over its adjacent neighbors and streetscape. We need to be proud of development
projects in our City…this one truly is not!

I strongly urge you to DENY this project and send the owner and their design team back to the drawing board.
Hopefully, their next reiteration will not be an insult to our beautiful city.

Respectfully submitted,

Jennifer Giles, Architect
                   , San Marino (20 year Resident)
From:           Tanja Reutimann
To:             Ken Ude; Susan Jakubowski; Steven Huang, D.D.S.; Gretchen Shepherd Romey; Steve Talt; Dr. Marcella
                Marlowe, ICMA-CM; Aldo Cervantes; City Clerk"s Office
Subject:        [EXTERNAL] 2404 Mission St Public Comment Submission
Date:           Wednesday, April 14, 2021 2:36:16 PM

Please let me know when I may share this information with the council after 6 pm this
evening, thank you.

Good evening members of the San Marino City Council,

My name is Tanja Reutimann and I'm speaking this evening on behalf of the owner
of 2410 Mission Street, the over 100 year old property adjacent to the east of the
proposed new construction at 2404 Mission St.

In September 2019, City staff underlined that the previously proposed project for 2404
Mission Street with 3,975 square feet of living area would constitute an increase of
more than twofold from the current structure and as such “is incompatible with
adjacent residential development in the neighborhood.” As a result, staff was “unable
to support the proposed dwelling size as it would set a precedent for future
applications to request for similar entitlement in turn would have a detrimental effect
on development of nearby uses and buildings.” Today, almost two years after being
directed by the City staff to address the massing and scale issues of the original
proposal, the applicant has almost doubled the size of their proposed project to over
7,000 sq feet, only 546 feet (or 7 percent) of which would be commercial.

By all appearances the applicant is seeking to work around the City's adopted
General Plan and design guidelines for residential uses. The proposed 6,500 sf
residential structure only includes a 2' setback to our property to the east, a 100 year
old one-story, 1,100 SF cottage. The applicant attempts to circumvent these
standards by making the project commercial / mixed-use in nature but with less than
10% of the entire footprint dedicated to commercial use, this is ancillary at best and
not consistent with commercial uses within the historic Mission District. In addition,
this development would negatively impact the financial viability of our property
reducing our available daylight, impacting our privacy and altering the charm of our
historic cottage.

We are afraid about the fire and life safety issues that this project imposes
upon our adjacent property. It is imperative that adequate access be maintained
for fire-fighting apparatus to access the landlocked properties behind our home as
well as at 2404 Mission Street. If a fire were to occur and trucks with fire hoses were
unable to reach the fire, our property would be in jeopardy due to the nature of the
close proximity and lack of adequate access to fight the fire. Overgrown vegetation,
combustible materials and structures with non-conforming setbacks all would be at
the mercy of a swift moving fire if it were to occur behind our home.

The project also does not in good faith execute the intent of the Housing Crisis
Act of 2019 (Senate Bill 330), which is focused on addressing housing affordability
by reducing barriers to developing housing for low- and moderate-income households
and the unhoused. With over 6,500 sq feet set aside for just (2) units, the proposed
project will be anything but affordable. According to the California Department of
Housing and Community Development, the threshold for Moderate-Income is 80% -
120% of the Area Median Income (AMI), roughly $66,000 to $99,000 in San Marino.
Even at the upper end of this spectrum the average cost of an existing, older, more
modestly sized unit (e.g., 1,300 sq/ft) would exceed the threshold recommended for
housing costs. When I checked Zillow today the cost of the most affordable rental unit
in San Marino (a 1,720 sq ft property) was over $50,000 for one year
(Source: https://www.zillow.com/san-marino-ca/rent-houses/)

While we respect the rights of the owners of 2404 Mission Street to modernize their
home, the proposed project is NOT consistent with the City's General Plan and will
have a detrimental effect upon the nature, condition and development of nearby uses
and buildings, including our 109 year old cottages. Most importantly, the proposed
new construction fails to execute current fire and life safety standards, restricting
access to the properties behind it.

Thank you for your time and consideration of our concerns about this project.

Tanja Reutimann (for the owners at 2410 Mission Street)
You can also read