CITY COUNCIL: Agenda & Minutes April 28, 2009

NOTICE OF SPECIAL CITY COUNCIL MEETING
Special Meeting
Tuesday, April 28, 2009
4:30 pm
Council Chambers
East side of Monte Verde Street between Ocean and Seventh Avenues

Live video streaming available at:
www.ci.carmel.ca.us
Broadcast date
Sunday, May 3, 2009
8:00 a.m., KMST Channel 26

I. Call to Order

II. Roll Call

III. Pledge of Allegiance

IV. Orders of Council
A. Consideration of an Economic Analysis Report of the Flanders Mansion Property
prepared by CBRE Consulting, Inc.

B. Consideration of a Resolution Certifying the Recirculated Final Environmental Impact
Report for the Flanders Mansion Project.

C. Consideration of a Resolution adopting a Mitigation Monitoring and Reporting
Program for environmental impacts and Conditions of Sale and Covenants to be
recorded to run with the land, or Conditions of Lease.

D. Consideration of a Resolution adopting a Statement of Overriding Considerations.

E. Consideration of a Resolution adopting a project for implementation: Sale of Flanders
Mansion Parcel with conservation easements and mitigations.

F. Consideration of a Resolution of Notice of Proposed Discontinuance of Public Park
Land and setting a date for hearing of protests against the sale of public park land.

V. Adjournment
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at Carmel-by-the-Sea City Hall, on the east side of Monte Verde Street, between Ocean and 7th Avenues, during normal business hours.

MINUTES
SPECIAL CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
April 28, 2009

I. CALL TO ORDER
The special meeting of the City Council of the City of Carmel-by-the-Sea, California,
was held on the above date at the stated hour of 4:35 p.m. Mayor McCloud called the
meeting to order.

City Attorney Don Freeman announced that the Council met in closed session regarding a potential litigation, not related to the Flanders Mansion, and that no decision was made on the matter.

II. ROLL CALL
PRESENT: Council Members Hazdovac, Rose, Sharp, Talmage & McCloud
STAFF PRESENT: Rich Guillen, City Administrator
Heidi Burch, City Clerk
George Rawson, Public Safety Director

III. PLEDGE OF ALLEGIANCE
Members of the audience joined the Mayor and Council Members in the Pledge of
Allegiance.

IV. ORDERS OF COUNCIL
A. Consideration of an Economic Analysis Report of the Flanders Mansion Property
prepared by CBRE Consulting, Inc.

B. Consideration of a Resolution Certifying the Re-circulated Final Environmental
Impact Report for the Flanders Mansion Project.

C. Consideration of a Resolution adopting a Mitigation Monitoring and Reporting
Program for environmental impacts and Conditions of Sale and Covenants to be
recorded to run with the land, or Conditions of Lease.

D. Consideration of a Resolution adopting a Statement of Overriding Considerations.

E. Consideration of a Resolution adopting a project for implementation: Sale of
Flanders Mansion Parcel with conservation easements and mitigations.

F. Consideration of a Resolution of Notice of Proposed Discontinuance of Public Park
Land and setting a date for hearing of protests against the sale of public parkland.
City Attorney Don Freeman outlined the issues to be addressed at the meeting.

Brian Roseth, consultant for the City, introduced the team that worked on this project.

Lynn Sedgway of CB Richard Ellis (CBRE) outlined the financial feasibility analysis of the four options for the disposition of the property.

Brian Roseth noted that the Forest & Beach Commission, the Historic Resources Board, and the Planning Commission all recommended that the Council find the Final Environmental Impact report adequate. He highlighted the five resolutions for consideration, explained the errata that placed several findings from the original draft into more appropriate sections, and outlined the process.

City Attorney Don Freeman said there would be one public hearing period.

Mayor McCloud opened the meeting to public comment at 5:02 p.m.

Speakers included: Les Albiol, resident curator for the Maryland Department of Environmental Resources; Thomas Yots, an historic preservationist from Niagara Falls, New York; Skip Lloyd; Alexander Crosby, David Keyston, Jeff Weir, Marikay Morris, Robert Knight, Karen Ferlito, Richard Stiles, Suzanne Weir, Robert Morris, Jerian Crosby (read a letter from Liz and Scott Kantor); Darby Worth; Roberta Miller; Melanie Billig; Yoko Whitaker; Barbara Brooks; Dan, Joyce Stevens; James Wright; Pat Sippel; Jim Emory; Barbara Mearns; Alt McEwen; Virdette Brumm; Shirley Humann; John Hicks; Sarah Berling; Harvey Billig; Bertie Bialek Elliott; Mike Brown; Barbara Stiles; Susan Brandt-Hawley; and Barbara Livingston.

Mayor McCloud closed the meeting to public comment at 6:35 p.m. and Council took a recess to allow the team to review the public comments.

Council reconvened at 7:21 p.m.

City Attorney Don Freeman recommended that, in order to give more time for public review and comments, the meeting be continued and that a Special Council meeting be held on near May 14th, 2009. He said that written comments from the public received at City Hall no later than Monday, May 4th at 5:00 p.m., will be included in the record. The Special Meeting will be re-noticed with the same agenda as that of April 28, 2009. The City Attorney said the public hearing will not be reopened at the special meeting. Documents will be available to the public 72 hours prior to the special meeting, providing adequate time for public review.

V. ADJOURNMENT

Mayor McCloud declared the meeting adjourned at 7:27 p.m.

Respectfully submitted,

_____________________________
Heidi Burch, City Clerk

ATTEST:
____________________________
SUE McCLOUD, MAYOR