CITY COUNCIL: Special Meeting on Flanders Mansion Property Protest Hearing, Resolution & Ordinance

NOTICE OF SPECIAL CITY COUNCIL MEETING
Special Meeting
Tuesday, June 16, 2009 -- 4:30 p.m.
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, June 21, 2009
8:00 a.m., KMST Channel 26

I. Call to Order

II. Roll Call

III. Pledge of Allegiance

IV. Announcements from Closed Session (if any)

V. Protest Hearing
A. Receive protests regarding the discontinuance and abandonment of the Flanders Mansion Property as Public Park Land.

VI. Resolutions
A. Consideration of a Resolution of the City Council Overriding All Protests Against Discontinuance and Abandonment of Use of the Flanders Mansion Property as Public Park Land.

VII. Ordinances
A. Consideration of an Ordinance (1st Reading) of the City Council Calling and Fixing the Date of a Special Election to Submit to the City Electors the Question of Discontinuance and Abandonment of the Use of Public Park Land on Which Protests Were Overruled.

VIII. 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.

CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR MCCLOUD AND CITY COUNCIL MEMBERS
FROM: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 16 JUNE 2009
SUBJECT: CONSIDERATION OF ACTIONS RELATED TO DISCONTINUING AND ABANDONING THE USE OF THE FLANDERS MANSION PROPERTY AS PUBLIC PARKLAND

INTRODUCTION
On 12 May 2009, the City Council determined that the Flanders Mansion Property should be sold with conservation easements and mitigations. To accomplish this, the City must first hold a protest hearing, vote to override protests and place before the voters at a special election whether the use of this public park land should be discontinued and abandoned. At the meeting of 16 June 2009, the Council will consider the following:

􀂃 Hold the protest hearing

􀂃A Resolution to override all protests

􀂃First reading of an Ordinance calling for a special election

PROTEST HEARING
California statutes provide safeguards against the loss of public parkland. The public must first have an opportunity to protest, both orally and in writing. After hearing all protests, the City Council may decide whether or not to proceed with the sale. The Statute requires a two-thirds vote of the Council. A proposed Resolution for this decision is attached.

ORDINANCE
If the protests are overridden, the Council then may adopt an Ordinance, calling for a special election. The Ordinance identifies the property and specifies the date of the election. A proposed Ordinance would call the special election for November 3, 2009, to coincide with the General Election set for that date. This would be a first reading. Second reading (adoption) would occur at the next regular City Council meeting on 7 July 2009.

Meeting Date: 16 June 2009
Prepared by: Rich Guillen, City Administrator

City Council
Agenda Item Summary

Name: Consideration of a Resolution Overriding All Protests Against Discontinuance and Abandonment of Use of the Flanders Mansion Property as Public Park Land.
Description: The proposed resolution will override all protests received during the protest hearing and allow for the discontinuance and abandonment of the Flanders Mansion Property as Public Parkland.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution.

Important Considerations: California Statutes provide safeguards against the loss of public parkland. The public must first be given an opportunity to protest, both orally and in writing. After hearing all protests, the City Council can decide if it still wants to proceed with the sale. The Statute requires a two-thirds vote of the Council.

Decision Record: N/A

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA OVERRIDING ALL PROTESTS AGAINST DISCONTINUANCE AND ABANDONMENT OF USE OF THE FLANDERS MANSION PROPERTY AS PUBLIC PARK LAND

WHEREAS, the specific property subject to this action is an approximately 1.252 acre parcel located at 25800 Hatton Road in Carmel, Monterey County, California, and situated within the Mission Trail Nature Preserve (APN 010-061-005), and is commonly known as the Flanders Mansion Property; and

WHEREAS, the City Council has determined that the public interest or convenience requires the discontinuance of the use of such land as a public park, that the Flanders Mansion property is no longer necessary for the City's use and that the Flanders Mansion Property should be discontinued as abandoned for use as public parkland; and

WHEREAS, the City scheduled a protest hearing for 16 June 2009 and provided public notice through publication twice in the Carmel Pine Cone on May 15 and 22, 2009, physical posting of the property a minimum of every 300 feet around the perimeter beginning May 14, 2009, and posting of notice at City Hall, the Harrison Memorial Library and the Post Office; and

WHEREAS, the City Council held a protest hearing on 16 June 2009 to receive public comments on the proposed discontinuance and abandonment of the Flanders Mansion Property as public parkland; and

WHEREAS, the City Council has carefully reviewed and considered all written and oral testimony received at, and prior to, the hearing.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF CARMEL-BY-THE-SEA DOES:

Override all written and oral protests against the proposed discontinuance and abandonment of use of the Flanders Mansion Property as public parkland.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 16th day of June, 2009, by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

ATTEST: SIGNED,

_________________________ ________________________________
Heidi Burch, City Clerk SUE McCLOUD, MAYOR

Meeting Date: 16 June 2009
Prepared by: Rich Guillen, City Administrator

City Council
Agenda Item Summary

Name: Consideration of an Ordinance (First Reading) Calling and Fixing the Date of a Special Election to Submit to the City Electors the Question of Discontinuance and Abandonment of the Use of Public Park Land on Which Protests Were Overruled.

Description: The proposed Ordinance will allow for a special election to be set to allow the City Electors to vote on the discontinuance and abandonment of the Flanders Mansion Property as Public Park Land.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Adopt the Ordinance.

Important Considerations: If the protests are overridden, the Council may then adopt an Ordinance calling for a special election. The Ordinance identifies the property and specifies the date of the election.

Decision Record: N/A

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2009-
AN ORDINANCE OF THE CITY COUNCIL CALLING AND FIXING THE DATE OF A SPECIAL ELECTION TO SUBMIT TO THE CITY ELECTORS THE QUESTION OF DISCONTINUANCE AND ABANDONMENT OF THE USE OF PUBLIC PARK LAND ON WHICH PROTESTS WERE OVERRULED (FIRST READING)
________________________________________________________________________
WHEREAS, the City Council has determined that the parkland known as the Flanders Mansion property is no longer necessary for the City’s use; and

WHEREAS, the public interest or convenience requires the discontinuance of the use of the Flanders Mansion Property as parkland; and

WHEREAS, in accordance with California State Statutes, discontinuance of public park land requires public notice, an opportunity for protests at a public hearing and a subsequent vote of the electorate if the protests are overruled; and

WHEREAS, the City scheduled a protest hearing for 16 June 2009 and provided public notice through publication twice in the in the Carmel Pine Cone on May 15 and 22, 2009, physical posting of the property a minimum of every 300 feet around the perimeter beginning May 14, 2009, and posting of notice at City Hall, the Harrison Memorial Library and the Post Office; and

WHEREAS, the City Council held a protest hearing on 16 June 2009 and has carefully considered all written and oral testimony received at, and prior to, the hearing; and

WHEREAS, the City Council has determined to overrule all protests by a two-thirds majority vote.

NOW, THEREFORE, the City Council of the City of Carmel-by-the-Sea does hereby ordain as follows:

Section One. Call Special Election. A special election is hereby called to put to a vote of the City’s electors the question of whether the use of that specific public park land known as the Flanders Mansion Property should be discontinued and abandoned. The specific property subject to this action is an approximately 1.252 acre parcel located at 25800 Hatton Road in Carmel, Monterey County, California and situated within the Mission Trail Nature Preserve (APN 010-061-005).

Section Two. Date of Election. The election is hereby called, and will take place on 3 November 2009.

Section Three. Severability. If any part of this ordinance, even as small as a word or phrase, is found to be unenforceable such finding shall not affect the enforceability of any other part.

Section Four. Effective Date. This ordinance shall become effective 30 days after final adoption.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this ____th day of __________ by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED,

______________________________
SUE McCLOUD, MAYOR

ATTEST:
________________________
Heidi Burch, City Clerk

MINUTES
SPECIAL CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
June 16, 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.

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. ANNOUNCEMENTS FROM CLOSED SESSION (IF ANY)
There were no announcements, as there was no closed session.

V. PROTEST HEARING
A. Receive protests regarding the discontinuance and abandonment of the Flanders Mansion Property as Public Park Land.

Mayor McCloud opened the hearing to public comment at 4:38 p.m.

Roberta Miller, Barbara Stiles, Richard Stiles all jointly read into the record the attached statement; Barbara Livingston addressed Council; Melanie Billig, read into the record the attached letter dated June 16, 2009; and Skip Lloyd addressed Council.

Mayor McCloud closed the meeting to public comment at 4:49 p.m.

VI. RESOLUTIONS
A. Consideration of a Resolution of the City Council Overriding All Protests Against Discontinuance and Abandonment of Use of the Flanders Mansion Property as Public Park Land.

Council Member ROSE moved adoption of a Resolution of the City Council Overriding All Protests Against Discontinuance and Abandonment of Use of the Flanders Mansion Property as Public Park Land, seconded by Council Member HAZDOVAC and carried by the following roll call:

AYES: COUNCIL MEMBERS: HAZDOVAC; ROSE; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

VII. ORDINANCES
A. Consideration of an Ordinance (1st Reading) of the City Council Calling and Fixing the Date of a Special Election to Submit to the City Electors the Question of Discontinuance and Abandonment of the Use of Public Park Land on Which Protests Were Overruled.

Council Member ROSE moved adoption of an Ordinance (1st Reading) of the City Council Calling and Fixing the Date of a Special Election to Submit to the City Electors the Question of Discontinuance and Abandonment of the Use of Public Park Land on Which Protests Were Overruled, seconded by Council Member HAZDOVAC.

Mayor McCloud opened the meeting to public comment at 4:52 p.m.

Barbara Livingston and David Keyston addressed Council.

Mayor McCloud closed the meeting to public comment at 4:54 p.m.

Council Member ROSE, on reconsideration, moved adoption of an Ordinance (1st Reading) of the City Council Calling and Fixing the Date of a Special Election to Submit to the City Electors the Question of Discontinuance and Abandonment of the Use of Public Park Land on Which Protests Were Overruled, seconded by Council Member HAZDOVAC and carried by the following roll call:

AYES: COUNCIL MEMBERS: HAZDOVAC; ROSE; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

VIII. ADJOURNMENT

Mayor McCloud declared the meeting adjourned at 4:57 p.m.

Respectfully submitted, ATTEST:
_____________________________ ____________________________
Heidi Burch, City Clerk SUE McCLOUD, MAYOR