From:
Paul Spiegelman
Sent:
Wednesday, January 17, 2007 4:23 PM
To: Ellen Lirley – Coastal Commission
Cc:
Kevin Oliver – San Diego Park
and Recreation Department;
Linda Colley - UCPD;
John Beaver; Joe Burwell
Subject: Torrey Pines Projects
Dear Ms. Lirley,
Please convey SDMGA’s thanks
to the Commissioners for their willingness to consider our concerns
about the Torrey Pines projects. Although we had hoped the Commission
would weigh the impact of the whole project on low-cost recreation
before approving the Phase I parking lot, we were gratified with the
commitment to consider this impact if and when a Phase II application is
made. We ask that the staff keep us advised of any subsequent
applications by the City. One question SDMGA had is whether the filings
we made in conjunction with the original appeal and the Phase I
application are a part of the file for Phase II or whether we need to
resubmit our arguments after the City actually files the Phase II
permit?
One matter which arose
during the hearing last Thursday was of concern. Kevin Oliver asserted
in a rebuttal that “Mr. Spiegelman is mistaken when he says that the
Golf Advisory Council disapproved the clubhouse, they actually approved
it.” (Or words to that effect). Mr. Oliver’s assertion is incorrect.
Mr. Oliver was referring to a 2005 Golf Advisory Council (GAC) decision
that approved the concept of the clubhouse. Although this is true, what
he neglected to acknowledge was that subsequently the GAC rejected the
clubhouse when it found out its financial impact on low-cost recreation
at the Torrey Pines Golf Course. As GAC Chair Randy Gustafson put it, “GAC
supported the concept of the plan until council members learned how it
was going to be funded.” See Adriane Tillman, Golf Plan won’t fly,
lands in bunker. La Jolla Village News, February 23, 2006,[1]
As Ms. Tillman reported, the GAC rejected the City’s Five-Year Plan
primarily because of the clubhouse: “The council primarily objected to
the proposed clubhouse for Torrey Pines, which is widely unpopular among
residents and is suspected to be linked to an increase in greens fees.”
Ibid. The San Diego
Union reported on the Golf Advisory Council’s February 21, 2006 meeting
as follows:
The city's Golf Advisory Council
rejected the plan, 8-3, after the nearly 4½-hour meeting in Kearny Mesa.
The majority of the advisory council members said they couldn't support
spending $13 million on a clubhouse when other improvements were needed
at the golf courses.
Craig Gustafson, Advisory panel
rejects plan for city's golf courses, San Diego Union
Tribune, February 22, 2006.”
Thus, in the context it was
made, Mr. Oliver’s statement was highly misleading. While we do not
believe this misrepresentation directly affected the Commission’s
decision, we think it is important to set the record straight for two
reasons. First, if the City presents Phase II to the Commission, they
should be aware of the actual facts – the Clubhouse project is “widely
unpopular with local residents,” and the Golf Advisory Council rejected
the clubhouse projects because of their cost and impact on greens fees.
Second, the misleading information presented by Mr. Oliver casts serious
doubts on the City’s credibility. Mr. Oliver either knew or should have
known that his statement was highly misleading. As developed on pages 11
to 14 of our Supplemental Statement in Opposition to Torrey Pines
Projects, the City has continuously engaged in a pattern of deceptive
statements designed to mislead the public and decision-makers about the
true nature of its plans. Mr. Oliver’s statement fits into this
continuing pattern of deception. We urge the Commission and the staff to
be highly skeptical of any statements the City makes.
By copy of this
email to Kevin Oliver, we are asking that he clarify his misleading
comment and acknowledge that the GAC and the UCPG Executive Board have
rejected the Clubhouse projects and that the projects have been
overwhelmingly opposed by the golfing community. Such an acknowledgement
could help correct the misimpressions created by his statements to the
Commission and might be a first step to rehabilitating the City’s
credibility on these issues. The City has made a decision to generate
the revenue to pay for the construction projects through sharply
increased greens fees which will price many City residents, seniors and
county residents off of Torrey Pines and alter its character as an
affordable municipal golf course. If it can square these actions with
the Coastal Act’s policy in favor of maintaining low cost coastal
recreational facilities, it should do so. But it should not engage in a
“disinformation” campaign and attempt to mislead the Commission about
the actual facts.
Respectfully yours,
Paul J. Spiegelman
Attorney for SDMGA
Endnotes: