SELL THE HOUSE & SAVE THE PARK! Vote YES on measure I

ABSTRACT: The text of the SELL THE HOUSE & SAVE THE PARK! Vote YES on measure I color postcard mailed to Carmelites, sent by the Committee for AYE on Measure I, is reproduced and COMMENTS are made.

SELL THE HOUSE & SAVE THE PARK!

Vote YES on measure I

IT’S AS EASY AS AYE ON I

A = ACTIONS by Carmel City Mayors and Councils since 1999 have been to sell the house. Any public use with public events is impractical, with the burden of financing on the taxpayers.

Y = YOU have the power to stop the payment of taxpayer money in frivolous litigation, nearly $800,000 to date, which could be used to improve our local needs.

E = ENVIRONMENT and parkland will be preserved. The Flanders Mansion is on 2% of the Preserve. All 5 trails are unaffected.

VOTE YES ON MEASURE I

Paid for by Committee for AYE on Measure I P.O. box 22351, Carmel, CA 93922

COMMENTS:
• The color photo on the postcard depicts a park bench and bridge near the 11th Av. Entrance surrounded by invasive vegetation overgrowth.

• Since 2000 when Sue McCloud was elected mayor, the City has not appointed an Ad Hoc Committee or Task Force to examine potential public uses for the Flanders Mansion, nor has the City placed proposals for potential public uses on any public hearing agenda for public input and consideration. Therefore, there is no evidence since 2000 that “any public use with public events is impractical.”

• The Committee for AYE on Measure I characterizes litigation involving defendant City of Carmel-by-the-Sea as “frivolous;” translation, the City defines “frivolous” as substantive violations of municipal and state laws. This definition places the City above the law. Interestingly, at the 6 October 2009 City Council meeting, a private attorney deemed the City’s motion to dismiss his clients’ lawsuit against the City as “frivolous,” to which Council Member Gerard Rose replied that a court’s decision in favor of the City granting dismissal of the lawsuit made the motion not frivolous. Applying the same rationale, if a court’s ruling in favor of the City made the City’s motion not frivolous, then a court’s ruling in favor of Flanders Foundation and against the City made the Flanders Foundation similarly not “frivolous.”

• As parkland, the Flanders Mansion Property in Mission Trail Nature Preserve will not be preserved according to the goals, objectives and policies in the City’s General Plan/Coastal Land Use Plan. The construction of new trails is mandated due to the creation of a private inholding, if sold to a private owner, because of the permanent loss of parkland currently used by the public.

PLEASE VOTE YES ON MEASURE 'I'

ABSTRACT: In the Friday, 2 October 2009 edition of The Carmel Pine Cone, there appears a ‘PLEASE VOTE YES ON MEASURE I' advertisement. Six claims and a “partial list” of supporters are presented. The advertisement is reproduced; informational NOTES are made.

PLEASE VOTE YES ON MEASURE “I”
• Flanders is and will remain an historic single family residence for its local significance.

• No municipal use for the 1.252 acre parcel has been found despite 35 years of study and input from 5 citizen groups

• Restoration of Flanders in 2005 was estimated to cost $1.7-$2.2 million.

• None of the many trails in the Park intersects the parcel.

• The City has 138 acres of open space completely accessible to the public.

• Each of the past 6 City Councils has taken action toward the sale of Flanders.

We support the sale of the “Flanders Mansion” (partial list):
Carolyn Akcan
Robert Ballard
Josh Banks
Mary Janet Barger
Susan and Bob Belk
Mary Bell
Sarah and Clay Berling
Judy and Woody Beville
Barbara and Roger Bolgard
Judy and Dick Borda
Justin Borello
Phil Bowhay
Sylvia and Buck Breiholz
Paul Brocchini
Linda Calafiore
Chris and Pam Carroll
Betty and Joseph Chaffers
Sarah and Gary Chang
Gene and Bob Clifford
Gene Conley
Susan Conway
Marilyn and Lee Cox
Mary Kay Crockett
Jerian and Al Crosby
Judy and Mike Cunningham
Lucia Dahlstrand
Walt deFaria
Kathleen DeMaria
Tina DeMaria
Fleece Dennis
Dixie Dixon
Nancy and Bill Doolittle
Liam Doust
Hallie and Brad Dow
Jean Draper
Francis Duda
Corky Duke
Lillian Eccher
Patricia and Bill Eggleston
Gloria Eldred
Janis and Randy Elliott
Roberta and David Elliott
Mary Ann and Joe Ford
Joyce and Jerry Frasca
Peppy Garner
Barbara Genovese
Lois Genovese
Karol and Jerry Gleason
Patricia Golman
Donald Graham
Dolores (Dee) Hagey
Barbara and Dick Hammond
Lindsay Hanna
Harriet Harrell
Hildegunn Hawley
Lillian Hazdovac
Paula Hazdovac
Jim Heilig
Alexander Heisinger
Michael Heisinger
Pamela and Jim Heisinger
Dale Hekhuis
Dorothy and Howard Herning
Steve Hillyard
Suzanne and Gordon Holm
Kay and Don Holz
Angie and Bob Irvine
Donna Jett
Martha Jordan
Casey Jones
Mary Jones
Karen Juhring
Sally and Bill Kadell
Les Kadis
Florrie and Paul Kagan
Carol and Jesse Kahn
Liz and Scott Kantor
Jack Kendall
Pam and Clyde Klaumann
Marguerite and John Krisher
Elinor Laiola
Gary LaMar
Doris Lawton
Jill Lee
Brian Leidig
Marian and Glenn Leidig
Jody LeTowt
Denny LeVett
Bernice and Bob Little
Robert Little
Keira and Matt Little
Judy and Gary Logan
Judy Lyle
Michael Lynch
Caroline MacDonald
Ruth McClendon
Sue McCloud
Alton McEwen
Mia and Gerry Maddoux
Sheila and Joe Mark
Susan and Rich Mastio
David Mauldwin
Linda and Walter McCarthy
Jude and Phil Melrose
Pam and Steve Meyer
Marikay and Bob Morris
Martha Mosher
Gisela and Peter Murray
Lillian and Warren Neidenberg
Jody Norman
Dick Nystrom
Linda O’Connor
Lynn and Bob O’Neill
Joyce Gil Osorio
Roger Parkes
Burt Pike
Jane and Jim Price
Judy Profeta
Debbie Quayle
Nancy Reese
Diane and Bob Reid
Jan and Niels Reimers
Mary and John Ricksen
Maureen and Benjamin Richards
LaVonne Rilling
Nita Robbins
Chris and Graeme Robertson
Joan and Steve Robinson
Mary and Brian Robotti
Gloria and James Rodda
Paige and Carl Roetter
Ronni Roman
Gerard Rose
Anne and Jim Rurka
Gail and Bill Scearce
Debbie and Dennis Sharp
Karen and David Sharp
Donna Shore
William Shreve
Pat and Dick Sippel
Nancy Slade
Leslie and Charlie Snorf
Jean Sonoda
Susan Sory
Bob Spencer
Connie and Robert Spencer
Pat Steele
Dick Stewart
Cathy and Larry Stewart
Pat and Rod Stofle
Brendan Sullivan
Nancie and Merv Sutton
Ken Talmage
Anne and Chris Tescher
Judy and John Thodos
Georganne Thurstun
Vonda and Dan Tibbitts
Sally Tierney
Paula and George Tipton
Rosaleen Trambley
Hilary Traynor-Duda
John Wagner
Patty and George Walker
Perry Walker
Suzanne Webb
Carla and Jeff White
Ramie Wikdahl
Susan Willey
Anna Yateman
Linda Yellich

Paid for by the Committee for Aye on Measure I, P. O. Box 22351, Carmel, CA 93922 • 831-624-6543

(Source: The Carmel Pine Cone, October 2, 2009, 5A)

NOTES (on Paid for by the Committee for Aye on Measure I):
• Mailing Address: Robert and Marikay Morris, Hatton Fields
• Phone Number: Sarah Berling, sister of Mayor Sue McCloud

REBUTTAL: VOTE YES ON MEASURE I ADVERTISEMENT, Committee for AYE on Measure I

ABSTRACT: In the 25 September 2009 issue of The Carmel Pine Cone, an advertisement, “SELL THE FLANDERS HOUSE AND SAVE THE PARK VOTE YES ON MEASURE I,” paid for by the Committee for AYE on Measure I, appeared on page 2A. The contents of the advertisement are reproduced. The advertisement’s claims are rebutted, including a rebuttal to ‘Sell the House and Save the Park,’ as follows: Monterey County Superior Court Judge Robert O’Farrell ruled that the Flanders Mansion Property is “parkland.” Ergo, selling the “house” is selling parkland, not saving parkland.

SELL THE FLANDERS HOUSE AND SAVE THE PARK

VOTE YES ON MEASURE I

Our mission statement:
Sell the House and Save the Park.

• Only 1.25 acres will be sold while the remaining 31.15 acres of land and trails will be maintained as parkland for all Carmel residents to enjoy.

• The Flanders litigation has cost Carmel taxpayers over $785,536 and is rising: Money that should be spent on useful projects for the community of Carmel and its residents.

• Selling the house for single-family use as it was intended, will give a family the chance to care for and restore the home, and will raise much needed funds for Carmel.

Vote Yes to Preserve:
• The Park
• The Mission Trails
• The Wildlife
• The Residential Character
• The Historic Family Home
• The Financial Health of Carmel

Join us The Friends of Flanders in preserving the park and vote the responsible choice.

ON NOVEMEBER 3RD OR BY ABSENTEE BALLOT:

VOTE YES ON MEASURE I

This ad sponsored by the committee for:

Aye on Measure I

Paid for the Committee for AYE on Measure I

(Source: The Carmel Pine Cone, September 25, 2009, Pg. 2)

REBUTTAL:
• ‘Sell the House and Save the Park’
Monterey County Superior Court Judge Robert O’Farrell ruled that the Flanders Mansion Property is “parkland.” Ergo, selling the “house” is selling parkland, not saving parkland.

And contrary to the inference that the proceeds from the sale of the Flanders Mansion Property would be budgeted for the maintenance of Mission Trail Nature Preserve, the monies from the sale of the Property would go into the City’s General Fund, not earmarked for Mission Trail Nature Preserve. Given the City has failed to fund and implement provisions pertinent to Mission Trail Nature Preserve from the City’s General Plan/Coastal Land Use Plan and the Mission Trail Nature Preserve Master Plan, it is doubtful the City would use the proceeds from the sale to adequately maintain our largest park.

• Only 1.25 acres will be sold while the remaining 31.15 acres of land and trails will be maintained as parkland for all Carmel residents to enjoy.

The Mission Trail Nature Preserve Master Plan indicates that the Flanders Mansion is an “intrinsic part of the preserve and the surrounding area.” Significantly, the loss of the Flanders Mansion from City control represents “a significant and unavoidable impact that would conflict with policies that are intended to avoid and/or minimize potential impacts to parkland.”

Moreover, while the Flanders Mansion Property (1.252 acres) represents only 4% of the total Mission Trail Nature Preserve acreage, the loss of this acreage represents a disproportionate loss to Mission Trail Nature Preserve, as the Flanders Mansion is the focal point and differentiates the Preserve from all the other City parks.

• The Flanders litigation has cost Carmel taxpayers over $785,536 and is rising: Money that should be spent on useful projects for the community of Carmel and its residents.

The statement that the "Flanders litigation has cost Carmel taxpayers over $785,536" is fallacious. Approximately $105,000 was expended, not as a result of litigation, but rather as a legally required expenditure for a Draft Environmental Impact Report and Final Environmental Impact Report in order to sell the Flanders Mansion Property. Moreover, approximately $425,000 was expended by the City for the RDEIR, RFEIR, Consultant Planning Services, Economic Analysis Project and Site Evaluation and Construction Cost and attorney fees as a result of the City’s decision to continue to pursue the sale of the Flanders Mansion Property after Judge Robert O’Farrell’s ruling finding in favor of the Flanders Foundation and against the City and City Council of Carmel-by-the-Sea.

Note: Mayor Sue McCloud caused a lawsuit to be filed against the City when she advocated for the hiring of attorney William B. Conners to argue the Flanders Mansion Property was not “parkland” and the City was therefore not legally required to conduct a vote of the people. Moreover, a Monterey County Superior Court judge had to order the City to comply with the law and conduct a vote on the sale of the Flanders Mansion Property.

While the Committee for AYE on Measure I advertisement states over $785,536 “should be spent on useful projects for the community of Carmel and its residents,” the City has not identified specific projects to fund from the proceeds of the sale of the Flanders Mansion Property.
Note: Years ago, Mayor Sue McCloud stated publicly that the proceeds from the sale of the Flanders Mansion would fund the Carmel Fire Station Seismic Retrofit Project; however, General Fund revenues had already been budgeted for that Project.

• Selling the house for single-family use as it was intended, will give a family the chance to care for and restore the home, and will raise much needed funds for Carmel.

A precedent was established, when in 1972, a Carmel-by-the-Sea City Council made the decision to merge the Flanders Parcel and the Doolittle Parcel to form Mission Trail Nature Preserve. Accordingly, since 1972, the Flanders Mansion has been a public asset in the context of the City’s largest park, Mission Trail Nature Preserve. Moreover, a responsibility of our elected representatives is to act as good stewards of public properties. In this instance, that means using taxpayer dollars to preserve publicly owned parkland and maintain and determine and implement a public use for the Flanders Mansion for the benefit and enjoyment of present and future generations.

The City of Carmel-by-the-Sea does not need to raise “much needed funds,” rather Carmelites need the City to competently manage our taxpayer dollars. For example, as set forth in Miller, Jane Kingsley vs. City of Carmel-by-the-Sea (M99513), the City mismanaged taxpayer revenues by allegedly compensating city employees who failed to earn or merit additional compensation. Note: The City has a 2009/10 General Fund Budget of $13,741,050 and $10.5 million in reserve funds.