“The people cannot be all, and always, well informed. The part which is wrong will be discontented, in proportion to the importance of the facts they misconceive.”
---Thomas Jefferson November 13, 1787, Letter to William S. Smith
On 3 November 2009, the “will of the people” was, as follows: 913 Carmel-by-the-Sea voters (62%) voted to approve Measure I and 552 Carmel-by-the-Sea voters (38%) voted against Measure I, which stated:
"Approve discontinuance and abandonment of, and authorization to sell, Flanders mansion property public parkland. Shall discontinuance and abandonment of the Flanders Mansion Property (APN 010-061-005) as public parkland, and authorization to sell the Flanders Mansion Property "with Conservation Easements and Mitigation" as passed on May 12, 2009 by the City of Carmel-by-the-Sea City Council by Resolutions No. 2009-30 through 2009-33, be approved?"
Moving forward, given the prospect of another vote on the sale of Flanders Mansion, Carmel-by-the-Sea voters would be wise to consider the following:
• The Flanders Mansion, a National Register of Historic Places property, one of only two properties in the City of Carmel-by-the-Sea, is “located within, and surrounded on all sides by Mission Trail Nature Preserve,” the City’s largest park. The City’s General Plan/Local Coastal Plan supports the preservation, protection and enhancement of historic structures, parkland and open space. A sale of the Flanders Mansion Property would create an in-holding within Mission Trail Nature Preserve. The creation of a private in-holding in a pubic park is the antithesis of good planning policy and often results in conflicts between private owners and public park users.
• In carrying out the policies of the General Plan/Local Coastal Plan, the City’s Historic Resources Board, Forest and Beach Commission and Planning Commission are responsible for the preservation and protection of historic resources and parkland.
• In Environmental Impact Reports, the identified “Environmentally Superior Alternative” was the Lease Alternative because “that alternative would reduce impacts to historic resources and park resources since the City would retain ownership. In addition, the 2005 DEIR also determined that the Lease Alternative would minimize potential impacts on adjacent parkland since the property would be retained by the City. Moreover, it was also determined that this alternative would avoid significant and unavoidable impacts related to 1) land use and planning, and 2) parks and recreation.”
• The Mayor’s and City Councils’ decisions to sell the Flanders Mansion Property have resulted in taxpayer expenditures of $1,047,319.39, as of the City's December 2011 Check Register. Initial expenditures were required for environmental impact reports as required under CEQA. Subsequent litigation expenditures were required due to a Superior Court Judge determining that the City violated its Municipal Code with respect to maintenance and upkeep of historic structures and the City violated state law in not allowing a public vote to sell Flanders Mansion. Ergo, without litigation, the City would have continued to violate the Municipal Code and State law. Therefore, contrary to recent letters to the editor and public perception, city expenditures have been the result of the City violating municipal and state laws.
• Since Sue McCloud became Mayor of Carmel-by-the-Sea in 2000, the City has failed to place the issue of a potential use for the Flanders Mansion on a public agenda and has failed to negotiate in good faith with parties expressing interest in a life estate, lease and/or curatorship. Moreover, during the past twelve years, the City did not apply for grants or solicit donations for Flanders Mansion.
• As recognized by the Sierra Club, Ventana Chapter, “This park is also a county asset. There are monthly walks with cultural and natural history talks. This nature preserve is a unique regional asset and must be protected for future generations.” And, consistent with the City’s General Plan/Local Coastal Plan, as follows: “The purpose of the City’s General Plan/Local Coastal Plan is to favor the general interest over the special interest in order to give durability to the Carmel experience and our special quality of living.”
After carefully considering the aforementioned facts, we, Carmel-by-the-Sea voters, should ask ourselves: Is it consistent with our values and our General Plan/Local Coastal Plan to sell a National Register of Historic Places resource in Mission Trail Nature Preserve? Would our interests be best served if we explored alternative options for potential uses of the Flanders Mansion at public meetings where we can engage in a consensus-driven process to determine the best use for the Flanders Mansion in the context of Mission Trail Nature Preserve? Is it possible that the City, in its myopic intent to sell the Flanders Mansion, colluded with the local media to present a distorted and misleading presentation of all the facts surrounding the sale of the Flanders Mansion and manipulated a majority of voters into voting to sell a cultural resource when it arguably is in our best interest to retain an irreplaceable, historic resource and celebrate its contribution to our village character, natural beauty and unique sense of place?
Published & Written by
L. A. Paterson
No comments:
Post a Comment