CITY COUNCIL: Ordinance Calling & Fixing Date of Special Election on Vote on Discontinuance & Abandonment of Flanders Mansion Property as Parkland

Meeting Date: 7 July 2009
Prepared by: Rich Guillen, City Administrator

City Council
Agenda Item Summary

Name: Consideration of an Ordinance 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 (Second Reading).

Description: This Ordinance will set a special election to allow the City electors to vote on the discontinuance and abandonment of the Flanders Mansion Property as ublic 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: City Council approved this Ordinance upon first reading at its special meeting held on June 16, 2009.

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 (SECOND READING)
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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 7th day of July, 2009 by the following roll call vote:

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

SIGNED,

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SUE McCLOUD, MAYOR

ATTEST:

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Heidi Burch, City Clerk