Dick Spotswood: Compromises Strengthen Strawberry Development Plan
Americans denigrate the art of compromise. Today, an “all or nothing” mentality predominates. Compromise is a sign of weakness, “selling out” or a betrayal of principles. Fortunately, some in Marin have shown they still appreciate the value of a fair compromise.
Deborah Tannen in Politico quotes “The Great Compromiser” Henry Clay. The legendary member of Congress from Kentucky said, “All legislation, all government, all society is formed upon the principle of mutual concession, politeness, comity, courtesy; upon these, everything is based.”
When was the last time you heard that kind of wisdom?
In big business and the legal profession, compromise remains valued. The process of mediation is all about reaching a compromise acceptable to all parties involved. That’s because mediation is voluntary. The parties chose to participate. Unlike the “settlement” of the U.S.-Israel-Iran War, no ambiguities in the agreement are allowed.
Compromise requires belief in the adage, “half a loaf is better than none.”
As a retired trial lawyer, I often saw Superior Court judges tell the parties’ attorneys, “Go out in the hall with your clients and work it out. You’ll end up with a better result than me making an all-or-nothing decision.”
The same solid advice is often given by Marin mayors, particularly when their councils face intractable disputes between neighbors.
Marin recently witnessed an example on how compromise results in a generally acceptable outcome. It resolved a decade-long dispute over the fate of 127 acres in southern Marin’s unincorporated Strawberry Peninsula long occupied by the Golden Gate Baptist Theological Seminary.
The site was considered for the United Nations founded in San Francisco in 1945. That vision evaporated when the Rockefeller Family donated a site on New York’s Upper East Side for the headquarters.
The Baptists were splendid stewards of the peninsula jutting out into Richardson Bay. They were good neighbors. All went well until the seminary moved and sold the land.
The new owners wanted to develop the site to maximize their profits, as would anyone in their position. That meant more and denser housing than existed.
Strawberry Neighborhood Association members understandably feared that developers would upend the bucolic peninsula and, in doing so, significantly increase traffic.
For a decade, the development of the old seminary’s site was subject to multiple proposals accompanied by vigorous citizen opposition. It was a consistent issue in campaigns for the Board of Supervisors.
Simultaneously, most understood that additional housing would inevitably be authorized. The questions were how many new units, where to site them and how related traffic impacts might be mitigated.
As years passed, the California Legislature enacted laws facilitating construction of a million new homes to address the so-called “housing crisis.” Local government’s discretion was gutted, which developers – including North Coast Land Holdings, the new owners of the property – could exploit.
Then something surprising occurred. Neighborhood leaders in Strawberry became real leaders. They understood more housing was coming. If they could entice North Coast Land Holdings to compromise, they’d craft a tradeoff allowing 337 new apartments in appropriate locations, capping their height, while mitigating traffic impacts. A senior residential care facility will be permitted along with current academic programs.
North Coast likely understood it would ultimately prevail, but only after years of litigation. It knew that delay and uncertainty is costly. The upshot was a fair compromise. No one got everything they wanted, but each got a tolerable outcome.
A minority of Strawberry residents objected to the compromise. That should be expected as unanimity in community groups is never possible. The compromise has now been approved by Marin’s Board of Supervisors.
Strawberry’s future is set, exemplifying that Clay’s “mutual concessions” remain a wiser strategy than “all or nothing” to resolve disputes.
Columnist Dick Spotswood of Mill Valley writes on local issues Sundays and Wednesdays. Email him at spotswood@comcast.net.
Deborah Tannen in Politico quotes “The Great Compromiser” Henry Clay. The legendary member of Congress from Kentucky said, “All legislation, all government, all society is formed upon the principle of mutual concession, politeness, comity, courtesy; upon these, everything is based.”
When was the last time you heard that kind of wisdom?
