The Flanders Foundation v. City of Carmel-by-the-Sea et al. (M99437)
For Immediate Release
Contacts: Melanie Billig, 831.236.6689
Attorney Susan Brandt‐Hawley, 707.938.3900
Judge Rules Against Carmel: Stops Sale of Flanders Mansion and Invalidates Vote
Carmel (March 16, 2010) – Last June, the Flanders Foundation filed a lawsuit to challenge Carmel’s decision to sell the historic 1924 Flanders Mansion. Located within the Mission Trail Nature Preserve, the mansion is honored as one of only two Carmel properties listed both on the National Register of Historic Places and the California Register of Historical Resources.
Monterey County Superior Court Judge Kay Kingsley ruled today that the Carmel City Council’s approval of the sale of Flanders Mansion again violated the California Environmental Quality Act (CEQA). The City lost a previous case regarding the sale of Flanders in 2007. Among other things, the Court ruled that the City was demolishing the Mansion by neglect. Since then, the City has made some repairs to the Mansion, prepared a Revised EIR, and reapproved the sale despite viable offers to lease. The City then put the sale to a public vote despite urgings of the Foundation and others that the City should wait for the result of the current Court challenge to avoid costs of the premature election. By going ahead with the election before the Court challenge was resolved, the City needlessly spent tens of thousands of dollars and wasted a lot of its citizens’ time.
The Court ruled today that “Carmel failed to proceed as required by law” because the Revised EIR “did not fulfill its information disclosure function” relating to Surplus Land Act requirements relating to sale of parkland, requiring that Carmel first offer the Mansion for sale or lease to another public agency.
Further, “the Court finds that the EIR is without substantial evidence in the record or reasoned analysis regarding the Surplus Lands Act issue,” since it contains only “generalized discussion” and “there is also a lack of analysis of what uses could be made of the Mansion by an agency, and ‘precisely’ what amount of water is available...”
The approval of sale must now be set aside. Reapproval and a new vote to abandon parkland cannot be considered until the EIR is revised to analyze foreseeable environmental impacts of compliance with the Surplus Land Act. The EIR must also include essential information regarding the alternative of a possible sale or lease of a reduced-size parcel.
Said Foundation attorney Susan Brandt-Hawley, “All of the grounds on which the judge ruled in the Foundation’s favor were violations of law that were repeatedly brought to the attention of the Carmel City Council. It did not listen.”
“The City Council has spent nearly a million dollars on its quest to sell Flanders and needlessly lose a key part of Carmel’s treasured parkland. It continues to violate the law. Surely enough is enough. In ten years, the City has failed to try to find a use and to resolve this community issue. Flanders should be leased in a way that minimizes impacts to Hatton Road, provides for maintenance and repairs, and allows some public access. This can be done as soon as the City becomes a willing partner," said Foundation President Melanie Billig
Tuesday, March 16, 2010
Sunday, March 14, 2010
POINT OF VIEW: ‘Experience’ – can Carmelites afford to reelect the experienced incumbent team?
Several letters to the editor writers, particularly Pat Sippel, Erik Davidson, Corky Duke, Herschel Peak, and David Sharp cite the “experience” of the incumbents Mayor Sue McCloud and Council Members Paula Hazdovac and Gerard Rose as the reason the incumbent “team” deserves to be reelected to the City Council in 2010. Yet, excluded and unmentioned incumbents’ experience includes the following:
• Experience of either being ignorant of facts they should have known or being knowledgeable about the facts and prevaricating to the Editorial Board of The Monterey County Herald regarding the issue of what Judge Larry E. Hayes meant in his ORDER AFTER HEARING, signed 3 February 2010, involving the claims of four senior City employees, claims similar to on-leave Human Resources Manager Jane Miller, of “hostile” work environment, gender-based discrimination and forced retirement between 2003 and 2008.
• Experience in knowing of attorney Michael Stamp’s representations of four senior City employees from 2003 and 2008 yet approving taxpayer monies towards filing a motion to disqualify attorney Michael Stamp from representing on-leave Human Resources Manager Jane Miller in 2009. City contentions on the motion were deemed “not credible,” “contradicted by the testimony offered by Plaintiff and by documentary evidence” and the City “failed to establish that the City’s delays were in good faith under the totality of the circumstances,” according to Judge Larry E. Hayes, who denied the City’s motion.
• Experience allowing Assistant City Administrator/City Clerk Heidi Burch to make a declaration in the Jane Miller case which was characterized as “materially false, stretched and exaggerated the truth, and grossly mischaracterized documents” and “not admissible because there was an insufficient foundation for any opinion.”
• Experience in not taking the City’s Sexual Harassment Policy seriously, minimizing and/or ignoring complaints of City employees regarding a “hostile” work environment, gender-based discrimination and forced retirement and not promptly investigating complaints with impartial and thorough investigations, et cetera.
• Experience in misleading reporters/staff writers to believe that the mayor is presently in settlement discussions with the Flanders Foundation attorney when early on no substantive progress was possible because Mayor Sue McCloud was unwilling to consider any option that did not involve the sale of the Flanders Mansion property.
• Experience in not being accountable to constituents by failing to explain how it was that the City reneged on its promise to Building Official John Hanson and his family regarding pay differential and benefits while serving as a California National Guard reservist in Afghanistan.
• Experience in not being accountable to constituents by failing to renovate the Forest Theatre according to the City’s own announced timetable and failing to have consultant William Camille present his final report to the public at a City Council meeting within the one month period as prescribed in the contract.
• Experience in not being accountable to constituents by failing to budget for and implement ADA improvements to the Scout House for the purpose of reopening the Scout House to historic user groups and other organizations.
• Experience in delaying a decision to implement a long-term fire protection services solution for the Carmel Fire Department in the context of the Citygate Associates Fire Department Consolidation Feasibility Analysis for the Cities of Monterey, Pacific Grove and Carmel, Final Report, 2007.
• Experience in violating Municipal and State laws with regard to the selling of the Flanders Mansion property and continuing to proceed with sale after Flanders 1 without the mayor inviting proposals for the environmentally superior alternative of lease use of Flanders Mansion and/or negotiating in good faith with the Flanders Foundation.
• Experience in installing Sunset Cultural Center, Inc., a non-profit organization, without ascertaining whether or not there was a public consensus supporting a non-profit organization managing Sunset Center as the City’s Interim Executive Director promised he would do as he most important task.
With all the aforementioned experience of the incumbent “team,” can Carmelites and the City of Carmel-by-the-Sea financially, legally and ethically afford another two year term for Mayor Sue McCloud and another four year term for Council Members Paula Hazdovac and Gerard Rose, respectively?
• Experience of either being ignorant of facts they should have known or being knowledgeable about the facts and prevaricating to the Editorial Board of The Monterey County Herald regarding the issue of what Judge Larry E. Hayes meant in his ORDER AFTER HEARING, signed 3 February 2010, involving the claims of four senior City employees, claims similar to on-leave Human Resources Manager Jane Miller, of “hostile” work environment, gender-based discrimination and forced retirement between 2003 and 2008.
• Experience in knowing of attorney Michael Stamp’s representations of four senior City employees from 2003 and 2008 yet approving taxpayer monies towards filing a motion to disqualify attorney Michael Stamp from representing on-leave Human Resources Manager Jane Miller in 2009. City contentions on the motion were deemed “not credible,” “contradicted by the testimony offered by Plaintiff and by documentary evidence” and the City “failed to establish that the City’s delays were in good faith under the totality of the circumstances,” according to Judge Larry E. Hayes, who denied the City’s motion.
• Experience allowing Assistant City Administrator/City Clerk Heidi Burch to make a declaration in the Jane Miller case which was characterized as “materially false, stretched and exaggerated the truth, and grossly mischaracterized documents” and “not admissible because there was an insufficient foundation for any opinion.”
• Experience in not taking the City’s Sexual Harassment Policy seriously, minimizing and/or ignoring complaints of City employees regarding a “hostile” work environment, gender-based discrimination and forced retirement and not promptly investigating complaints with impartial and thorough investigations, et cetera.
• Experience in misleading reporters/staff writers to believe that the mayor is presently in settlement discussions with the Flanders Foundation attorney when early on no substantive progress was possible because Mayor Sue McCloud was unwilling to consider any option that did not involve the sale of the Flanders Mansion property.
• Experience in not being accountable to constituents by failing to explain how it was that the City reneged on its promise to Building Official John Hanson and his family regarding pay differential and benefits while serving as a California National Guard reservist in Afghanistan.
• Experience in not being accountable to constituents by failing to renovate the Forest Theatre according to the City’s own announced timetable and failing to have consultant William Camille present his final report to the public at a City Council meeting within the one month period as prescribed in the contract.
• Experience in not being accountable to constituents by failing to budget for and implement ADA improvements to the Scout House for the purpose of reopening the Scout House to historic user groups and other organizations.
• Experience in delaying a decision to implement a long-term fire protection services solution for the Carmel Fire Department in the context of the Citygate Associates Fire Department Consolidation Feasibility Analysis for the Cities of Monterey, Pacific Grove and Carmel, Final Report, 2007.
• Experience in violating Municipal and State laws with regard to the selling of the Flanders Mansion property and continuing to proceed with sale after Flanders 1 without the mayor inviting proposals for the environmentally superior alternative of lease use of Flanders Mansion and/or negotiating in good faith with the Flanders Foundation.
• Experience in installing Sunset Cultural Center, Inc., a non-profit organization, without ascertaining whether or not there was a public consensus supporting a non-profit organization managing Sunset Center as the City’s Interim Executive Director promised he would do as he most important task.
With all the aforementioned experience of the incumbent “team,” can Carmelites and the City of Carmel-by-the-Sea financially, legally and ethically afford another two year term for Mayor Sue McCloud and another four year term for Council Members Paula Hazdovac and Gerard Rose, respectively?
Friday, March 12, 2010
MCW Editor Paul Wilner: ‘In the new communications age, information wants to be free – except, apparently, in Carmel.’
ABSTRACT: Highlights of Monterey County Weekly Editor Paul Wilner’s commentary entitled “Not So Fresh Thinking: P.G. market ruckus symbolizes civic wrong turns” (March 11, 2010) are presented with a link to the complete commentary.
Highlights of MCW Editor Paul Wilner’s ‘Not So Fresh Thinking:”
• “The current Carmel mayor and City Council debate, which should be an occasion for the community to reflect on political and ethical mistakes, reform its ways and chart a new course, have instead become yet another occasion for the incumbents to circle the wagons.”
• “They have been enabled, of course, by The Carmel Pine Cone, house organ of the downtown establishment.”
• “...Pine Cone publisher Paul Miller, denouncing the Weekly for running comments on the letters page that were critical of Carmel mayor Sue McCloud…Miller proudly announced that he and his staff dropped readers’ comments from their website in 1998 and 'have never been the slightest bit tempted to revive our web forum.'"
• “His (Paul Miller’s) real beef seems to be that the comments on McCloud’s administration were negative – which simply reflected what our website’s visitors were saying. In the new communications age, information wants to be free – except, apparently, in Carmel. “
• “But small-town, small-time thinking won’t solve real problems.”
(Source: Not So Fresh Thinking: P.G. market ruckus symbolizes civic wrong turns., Paul Wilner, MONTEREY COUNTY WEEKLY, March 11, 2010)
Highlights of MCW Editor Paul Wilner’s ‘Not So Fresh Thinking:”
• “The current Carmel mayor and City Council debate, which should be an occasion for the community to reflect on political and ethical mistakes, reform its ways and chart a new course, have instead become yet another occasion for the incumbents to circle the wagons.”
• “They have been enabled, of course, by The Carmel Pine Cone, house organ of the downtown establishment.”
• “...Pine Cone publisher Paul Miller, denouncing the Weekly for running comments on the letters page that were critical of Carmel mayor Sue McCloud…Miller proudly announced that he and his staff dropped readers’ comments from their website in 1998 and 'have never been the slightest bit tempted to revive our web forum.'"
• “His (Paul Miller’s) real beef seems to be that the comments on McCloud’s administration were negative – which simply reflected what our website’s visitors were saying. In the new communications age, information wants to be free – except, apparently, in Carmel. “
• “But small-town, small-time thinking won’t solve real problems.”
(Source: Not So Fresh Thinking: P.G. market ruckus symbolizes civic wrong turns., Paul Wilner, MONTEREY COUNTY WEEKLY, March 11, 2010)
Wednesday, March 10, 2010
A Village Gathering to Support Adam Moniz for Mayor of Carmel-by-the-Sea
INVITATION TO ALL CARMEL-BY-THE-SEA REGISTERED VOTERS
All Carmel-by-the-Sea registered voters are cordially invited to attend:
A Village Gathering to Support Adam Moniz for Mayor of Carmel-by-the-Sea
DATE & TIME: Saturday, March 13, 2010, 5:00 P.M. - 7:00 P.M.
LOCATION: PEPE’S VINO NAPOLI (Corner of Dolores and 7th)
NOTES: Join Adam, friends and supporters for free Little Napoli food and wine! Registered voters may RSVP by sending their name, address, and telephone number to Events@CarmelTogether.com or by mail to:
A Village Gathering to Support Adam Moniz for Mayor of Carmel-by-the-Sea
Michael LePage, Event Chairperson
Box Twenty-One
Carmel-by-the-Sea, CA 93921-0021
Visit the campaign online at: www.CarmelTogether.com
All Carmel-by-the-Sea registered voters are cordially invited to attend:
A Village Gathering to Support Adam Moniz for Mayor of Carmel-by-the-Sea
DATE & TIME: Saturday, March 13, 2010, 5:00 P.M. - 7:00 P.M.
LOCATION: PEPE’S VINO NAPOLI (Corner of Dolores and 7th)
NOTES: Join Adam, friends and supporters for free Little Napoli food and wine! Registered voters may RSVP by sending their name, address, and telephone number to Events@CarmelTogether.com or by mail to:
A Village Gathering to Support Adam Moniz for Mayor of Carmel-by-the-Sea
Michael LePage, Event Chairperson
Box Twenty-One
Carmel-by-the-Sea, CA 93921-0021
Visit the campaign online at: www.CarmelTogether.com
Sunday, March 07, 2010
2010 MUNICIPAL ELECTION: The Carmel Pine Cone Candidates’ Q & A Forum
WHO: Moderator: Owner/Publisher/Editor Paul Miller, The Carmel Pine Cone
Mayoral Candidates incumbent Sue McCloud and challenger Adam Moniz; and City Council Candidates incumbents Paula Hazdovac and Gerard Rose and challenger Jason Burnett.
WHAT: Candidates’ Forum hosted by The Carmel Pine Cone
WHEN: Tuesday, March 9, 2010, 7:00 P.M. – 9:00 P.M.
WHERE: Carpenter Hall, Sunset Center
W/s Mission St. between 8th Av. & 10th Av.
Carmel-by-the-Sea, CA.
NOTES:
Audience members will be invited to submit questions at the forum. Questions can also be submitted in advance by email to mail@carmelpinecone.com.
The Forum will be broadcast Sunday, March 14 at 8:00 A.M. on Comcast Cable Channel 26.
Mayoral Candidates incumbent Sue McCloud and challenger Adam Moniz; and City Council Candidates incumbents Paula Hazdovac and Gerard Rose and challenger Jason Burnett.
WHAT: Candidates’ Forum hosted by The Carmel Pine Cone
WHEN: Tuesday, March 9, 2010, 7:00 P.M. – 9:00 P.M.
WHERE: Carpenter Hall, Sunset Center
W/s Mission St. between 8th Av. & 10th Av.
Carmel-by-the-Sea, CA.
NOTES:
Audience members will be invited to submit questions at the forum. Questions can also be submitted in advance by email to mail@carmelpinecone.com.
The Forum will be broadcast Sunday, March 14 at 8:00 A.M. on Comcast Cable Channel 26.
Saturday, March 06, 2010
UPDATE: Historic Inventory Designation Appeals to the Historic Resources Board
Resource Name: W. A. Smith House
Location: Santa Fe St. 3 S.E. Mountain View Av.
Distinction: APPEAL GRANTED, one of many California Ranch House-style residences constructed in Carmel in the post-World War II era, the residence was determined to lack the degree of physical and architectural distinction necessary to meet the criterion for listing in the Carmel Historic Resource Inventory.
UPDATE: HISTORIC APPEALS TO THE HISTORIC RESOURCES BOARD
(November 2005 – January 2010)
APPEALS GRANTED: 45
APPEALS DENIED: 20
APPEALS DISMISSED: 14
APPEALS OF A PRELMINARY DETERMINATION OF INELIGIBILITY:
GRANTED: 1
DENIED: 3
TOTAL NUMBER OF APPEALS: 83
NUMBER ADDED TO REGISTER FROM INVENTORY: 1
HISTORIC APPEAL TO THE HISTORIC RESOURCES BOARD (January 25, 2010)
(Name of Property Owner, Physical Location, Resource Name, APPEAL GRANTED or DENIED)
HISTORIC RESOURCES BOARD
REGULAR MEETING AGENDA
Monday, January 25th, 2010
City Hall Council Chambers
East side of Monte Verde Street Between Ocean and Seventh Avenues
BOARD MEMBERS:
ERIK DYAR, CHAIRPERSON
ELINOR LAIOLO
ERLING LAGERHOLM
LAURA PRISHMONT QUIMBY
NICOLE SCHROEDER
APPEAL
Consideration of an appeal of the City’s determination to place an existing structure located in the Single Family Residential (R-1) District on the City’s Inventory of Historic Resources.
Name of Property Owner: Gary Wagner
Resource Name: W. A. Smith House
Location: Santa Fe St. 3 S.E. Mountain View Av.
APPEAL GRANTED
Friday, March 05, 2010
‘MINUTES’ for Two Noteworthy 2 March 2010 City Council Agenda Items
“MINUTES”
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
March 2, 2010
V. Announcements from Closed Session, from City Council Members and the City Administrator
C. Announcements from City Administrator
1. Receive report on the election process.
Assistant City Administrator/City Clerk Heidi Burch introduced Scott Martin, owner of Martin & Chapman Co.
Scott Martin, President and owner of Martin & Chapman, has been in business for 54 years, located in Anaheim. Martin & Chapman provides a “personalized service, individual to each city.” The Company is the primary election consultant to 62 plus cities in the County of Los Angeles. The Company consults or advises all of the 480 cities in the state of California. Why would a city contract with us instead of the county? The Company is not in competition with the County; the company has a unit price based on size of city and requests from cities. Martin does not know why Monterey County's cost is more expensive than Martin & Chapman.
Regarding rumors about moving election dates, there are four reasons: save money, bigger turnout, extend terms for City Council, i.e., April to June or November and city clerk doesn’t want to do it.
Martin expects election results no later than 9:30 P.M. on the day of the election, April 13, 2010. The Company knows municipal elections. The Company has conducted thousands of elections. The Company works for “Heidi and the City Manager.” And the Company “cannot be bought.”
City Attorney Don Freeman asked whether or not absentee ballots can be counted prior to the closing of the polls at 8:00 P.M. Answer: Yes; they will begin counting the ballots at 7:30 P.M. or earlier if requested.
Richard Flower, Carmel-by-the-Sea resident and member of the CRA Board of Directors, requested that they be able to meet with someone on the staff to get answers to some of their questions.
Carolyn Hardy, resident of Carmel-by-the-Sea, stated that it would be valuable to know the actual cost for the election, post-election, including staff time, county time, et cetera.
Skip Lloyd, Carmel resident, observed that Heidi is given a lot of discretion in the process and essentially running the election.
Scott Martin remarked that the city clerk, Heidi Burch, is the election official.
VII. CONSENT CALENDAR
These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.
F. Consideration of a Resolution urging the Governor and the State Legislature to approve CalPERS pension reform in 2010.
Council Member Ken Talmage referred to WSJ article on CalPERS regarding lower projected rate of return from 7.75% to 6.00%.
Council Member ROSE moved to approve Consent Agenda Items A-G, seconded by Council Member HAZDOVAC and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: HAZDOVAC; ROSE; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
March 2, 2010
V. Announcements from Closed Session, from City Council Members and the City Administrator
C. Announcements from City Administrator
1. Receive report on the election process.
Assistant City Administrator/City Clerk Heidi Burch introduced Scott Martin, owner of Martin & Chapman Co.
Scott Martin, President and owner of Martin & Chapman, has been in business for 54 years, located in Anaheim. Martin & Chapman provides a “personalized service, individual to each city.” The Company is the primary election consultant to 62 plus cities in the County of Los Angeles. The Company consults or advises all of the 480 cities in the state of California. Why would a city contract with us instead of the county? The Company is not in competition with the County; the company has a unit price based on size of city and requests from cities. Martin does not know why Monterey County's cost is more expensive than Martin & Chapman.
Regarding rumors about moving election dates, there are four reasons: save money, bigger turnout, extend terms for City Council, i.e., April to June or November and city clerk doesn’t want to do it.
Martin expects election results no later than 9:30 P.M. on the day of the election, April 13, 2010. The Company knows municipal elections. The Company has conducted thousands of elections. The Company works for “Heidi and the City Manager.” And the Company “cannot be bought.”
City Attorney Don Freeman asked whether or not absentee ballots can be counted prior to the closing of the polls at 8:00 P.M. Answer: Yes; they will begin counting the ballots at 7:30 P.M. or earlier if requested.
Richard Flower, Carmel-by-the-Sea resident and member of the CRA Board of Directors, requested that they be able to meet with someone on the staff to get answers to some of their questions.
Carolyn Hardy, resident of Carmel-by-the-Sea, stated that it would be valuable to know the actual cost for the election, post-election, including staff time, county time, et cetera.
Skip Lloyd, Carmel resident, observed that Heidi is given a lot of discretion in the process and essentially running the election.
Scott Martin remarked that the city clerk, Heidi Burch, is the election official.
VII. CONSENT CALENDAR
These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.
F. Consideration of a Resolution urging the Governor and the State Legislature to approve CalPERS pension reform in 2010.
Council Member Ken Talmage referred to WSJ article on CalPERS regarding lower projected rate of return from 7.75% to 6.00%.
Council Member ROSE moved to approve Consent Agenda Items A-G, seconded by Council Member HAZDOVAC and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: HAZDOVAC; ROSE; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
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