Dear ALL,
A word of explanation on the importance of removing the Jungle Jim. First, in a CEQA action, prior non compliance does not set aside a project or compel an EIR. Second, if it is not in the Administrative Record, it does not exist for purposes of CEQA. If the Jim was put there illegally, too bad, it is part of the existing environment.
Unfortunately, the Jim was used against the setting and surroundings of the Morgan House. Everyone assumed it was allowed properly, and there was no argument. Therefore, for purposes of the water park it is free water so to speak. The Court takes the environment as it finds it. CEQA protects Historical Resources and their “immediate surroundings.” When Leslie provided the pictures of the Morgan House and their “immediate surroundings” it was to keep what was shown in the picture or rather require an EIR because of the adverse impact the project had on what was pictured. The Jungle Jim was a fact of life, that we had to live with, not knowing any better. We had to work around it.
I did not secure the truth on this impairment until well after the Hearings, in late May or June. We have now learned the whole sordid story and have an absolutely rock solid local Zoning issue. If somehow we could succeed and compel the City to remove what is by Code definition a public nuisance, that would be extraordinary, in fact it would be incredible good fortune, and worth any amount of work.
We would then be in the enviable position of presenting the Court with the Historic Morgan House as it was pictured in the official State Historical Document of 1997. This would mean that any incursion would almost be a per se attack on the “immediate surroundings” as designated in the document. The Court would be hard pressed to allow their “seismic” fence five to ten feet away from the Resource, and then allow the destruction of the rest of the surroundings. The Court could simply hang it’s hat on the Historic Resource and require an EIR. Game Over. That is how important the Morgan House is in the CEQA challenge.
This removal will be difficult, regardless of the right and wrong. The last thing CNL or Ms Jensen wish to see, is the City Council compel Zoning compliance. There is only one way to accomplish this and that is full court pressure. Inundate them with emails, demanding immediate compliance. One email is not enough. You cannot be concerned with anything other than demanding full protection of the Historic Morgan House, and not letting up. I know that some of you have not written. This is probably as important legally as your checkbook, well do not let me go crazy, but you get the point. If you want to save your tennis facility write wlatta@lquinta.org and demand Zoning compliance.
Never ever underestimate the importance of the Morgan House, in this drive to compel an EIR. I know that noise, traffic, hydrology, new project etc are the glamour boys. The Ali phantom punch is going to be the Morgan House. If you have not understood this fixation of mine on what they have done to this Historic Home, I hope you now see the reason. The strength is in the numbers, and your willingness to let the Council know you now know what has been done, and you want the violation corrected. Tell the Council again and again it is unacceptable. If you have already written, write again, because the Jim is still there, illegal as can be. Get rid of it, and up go the odds. It is just that simple.
Public awareness is important so please let Marcel at the Sun know how much you appreciate his work on Cell Tower and encourage him on Jungle Jim. Same thing on letters, but please write , so the Council is aware you have not, and will not forget. I promise, I would not encourage a wild goose chase. This is too important an issue. Sorry for long winded diatribe, but it is that important. Thanks, Richard
