CITY COUNCIL RESOLUTION OF PROPOSED DISCONTINUANCE PARK LAND & DATE FOR PROTEST HEARING AGAINST SALE

CITY OF CARMEL-BY-THE-SEA
RESOLUTION NO. 2009-__
A RESOLUTION OF NOTICE OF PROPOSED DISCONTINUANCE OF PUBLIC PARK LAND AND SETTING DATE FOR HEARING OF PROTESTS AGAINST SALE OF PUBLIC PARK LAND

WHEREAS, the City proposed as a project the sale of the Flanders Mansion parcel (APN
010-061-005), consisting of an approximately 1.252-acre parcel improved with a single-family
residence (hereinafter referred to as “the Property”);
WHEREAS, the City Council has, by companion action this day, adopted A Resolution
Certifying the Recirculated Final Environmental Impact Report for the Sale of the Flanders
Mansion Property;
WHEREAS, the City Council has, by companion actions, passed A Resolution Adopting
a Mitigation Monitoring and Reporting Program, Conditions of Sale, a Declaration of
Conditions, Covenants and Restrictions to Be Recorded Against the Property, and Conditions of
Lease;
WHEREAS, the City Council has, by companion action this day, passed A Resolution
Adopting a Statement of Overriding Considerations;
WHEREAS, the City Council has, by companion action this day, passed A Resolution
Adopting a Project for Implementation: Sale of Flanders Mansion Parcel with Conservation
Easements and Mitigation;
WHEREAS, the City Council has, in its Resolution Adopting a Statement of Overriding
Considerations, identified benefits of sale of the Flanders Mansion Property with Conservation
Easements and Mitigations;
WHEREAS, the City Council has, in its Resolution adopting a Mitigation Monitoring and
Report Program, Conditions of Sale, Conditions, Covenants and Restrictions to Be Recorded
Against the Property, and Conditions of Lease, imposed the Mitigation Monitoring and
Reporting Program upon the Sale of the Flanders Mansion with Conservation Easements and
Mitigation, and required the Mitigation Monitoring and Reporting Program to be recorded
against the Property so that it binds the City and all future owners of the property;
WHEREAS, the City Council has, in its Resolution adopting a Mitigation Monitoring and
Report Program, Conditions of Sale, Conditions, Covenants and Restrictions to Be Recorded
Against the Property, and Conditions of Lease, provided that, if the public vote disapproves a
sale of the Property, Mitigation Monitoring and Reporting Program requirements shall be
imposed upon any future lease of the Flanders Mansion Property;
WHEREAS, the Mitigation Monitoring and Reporting Program requires rehabilitation of
the Flanders Mansion Property, and, as such, the Sale with Conservation Easements and
Mitigation would achieve the historic rehabilitation of the Flanders Mansion property;
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WHEREAS, the City Council has, by companion action this day, passed A Resolution
Adopting a Project for Implementation: Sale of Flanders Mansion Parcel with Conservation
Easements and Mitigation, based on the findings and conclusions in the above-referenced
Resolutions and the actions taken in them;
WHEREAS, the Sale of the Flanders Mansion with Conservation Easements and
Mitigation involves sale of public park land; and
WHEREAS, Government Code sections 38440, et seq., establishes authority and a
process for sale of public park land.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF CARMEL-BY-THESEA
DOES:
1. Propose to discontinue and abandon public park land, to wit, the Flanders
Mansion parcel (APN 010-061-005), consisting of an approximately 1.252-acre parcel with
improvements, in particular, a single-family residence, within the Mission Trail Nature Preserve
in the City of Carmel-by-the-Sea, California.
2. Find that the public interest or convenience requires the discontinuance of the use
of such land as a public park.
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3. Find that the Flanders Mansion property is no longer necessary for the City's use.
4. Declare that the public park land to be discontinued and abandoned is commonly
known as the Flanders Mansion property.
45. Propose to sell the Flanders Mansion parcel, subject to conditions of sale and
covenants to be recorded to run with the land which will protect, preserve, rehabilitate, and
restore the historic home, as more fully described in the Mitigation Monitoring and Reporting
Program, Conditions of Sale and the Declaration of Covenants, Conditions and Restrictions,
adopted by companion action this day by A Resolution Adopting a Mitigation Monitoring and
Reporting Program, Conditions of Sale, a Declaration of Conditions, Covenants and Restrictions
to Be Recorded Against the Property, and Conditions of Lease
56. Find that the land was not acquired by money derived from bonds authorized for
park purposes.
67. State that the City Council of the City of Carmel-by-the-Sea intends to call a
special election to submit the question of discontinuance of the above-described public park land
to the city electors.
78. Notify the public that:
a. During the regular monthly meeting of the City Council, on June 216,
2009 beginning at 4:30 p.m., the City Council will hear and pass upon protests against the sale of
public park land, to wit, the Flanders Mansion property.
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b. Protests may be presented orally at that hearing.
c. Any person or persons interested may protest in writing against the
proposed abandonment and discontinuance, or to the extent thereof.
d. Any written protests shall be delivered or sent to:
Heidi Burch
City Clerk
CITY OF CARMEL-BY-THE-SEA
City Hall
East Side of Monte Verde Street Between Ocean and Seventh Avenues
P.O. Box CC
Carmel-by-the-Sea, CA 93921
e. Any written protest must be received by the City Clerk no later than the
time set for the hearing.
89. Direct City staff to start the process required for selling public park land and
provide appropriate notices including this notice of the City's intent to discontinue, abandon and
sell parkland, in compliance with the provisions of Government Code section 38440 et seq.
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/ / 910. Direct City staff provide notice of the hearing on protests against sale set for
regular City Council meeting on June 216, 2009 at 4:30 p.m.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THESEA
this 28th day of April 2009, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED:
____________________________________
Sue McCloud, Mayor
ATTEST:


____________________________________
Heidi Burch, City Clerk