CITY COUNCIL: Resolution Ordering Election on Discontinuance & Abandonment of Flanders Mansion Property as Public Parkland

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

City Council
Agenda Item Summary

Name: Consideration of a Resolution ordering an election, requesting county elections to conduct the election, and requesting consolidation of the election.

Description: This resolution will call for a special election 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: Unknown at this time
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution.

Important Considerations: This resolution is a legal requirement of the County for the City of Carmel-by-the-Sea to conduct an election.

Decision Record: N/A

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR MCCLOUD AND CITY COUNCIL MEMBERS
FROM: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 7 JULY 2009
SUBJECT: CONSIDERATION OF A RESOLUTION ORDERING AN ELECTION, REQUESTING THE COUNTY ELECTIONS DEPARTMENT TO CONDUCT THE ELECTION, AND REQUESTING CONSOLIDATION OF THE ELECTION.

INTRODUCTION
On 16 June 2009, the City Council passed, on first reading, an ordinance calling for a special election to determine whether the Flanders Mansion Property should be discontinued and abandoned as public parkland, and sold with conservation easements and mitigations. The City Council will consider final adoption (second reading) of that ordinance earlier in this meeting. If the ordinance is adopted, the election would occur on the same date as the Statewide elections (3 November 2009).

The City Council has a choice of administering the election at the local level or requesting that the election be administered by the Monterey County Elections Department. Requesting County administration requires adoption of a Resolution requesting consolidation of the City’s election with other elections and specifying what services to provide. The Resolution must be filed by no later than 7 August 2009. The attached Resolution accomplishes both requirements and uses standard language specified by the County Elections Department.

The Resolution contains the following provisions:
• A calling of the election and a request for consolidation with other elections
• A request for County services and an acknowledgment that the City will pay all costs
• The text of the ballot question for the ballot card
• A statement of what percentage of the votes constitutes approval of the ballot measure
• A request that the full text of the ballot measure, as set forth in an attachment to the Resolution, appear in the voter information pamphlet.

The City also must submit an independent analysis of the ballot measure. This is due by 24 August 2009 and will be reproduced in the voter pamphlet. The Secretary of State begins mailing the voter pamphlets on 24 September 2009.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ORDERING AN ELECTION, REQUESTING COUNTY ELECTIONS TO CONDUCT THE ELECTION, AND REQUESTING
CONSOLIDATION OF THE ELECTION

WHEREAS, pursuant to Elections Code Section 10002, the governing body of any city or district may by resolution request the Board of Supervisors of the county to permit the county elections official to render specified services to the city or district relating to the conduct of an election; and

WHEREAS, the resolution of the governing body of the city or district shall specify the services requested; and

WHEREAS, pursuant to Elections Code Section 10002, the city or district shall reimburse the county in full for the services performed upon presentation of a bill to the city or district; and

WHEREAS, pursuant to Elections Code Section 10400, whenever two or more elections, including bond elections, of any legislative or congressional district, public district, city, county, or other political subdivision are called to be held on the same day, in the same territory, or in territory that is in part the same, they may be consolidated upon the order of the governing body or bodies or officer or officers calling the elections; and

WHEREAS, pursuant to Elections Code Section 10400, such election for cities and special districts may be either completely or partially consolidated; and

WHEREAS, pursuant to Elections Code Section 10403, whenever an election called by a district, city or other political subdivision for the submission of any question, proposition, or office to be filled is to be consolidated with a statewide election, and the question, proposition, or office to be filled is to appear upon the same ballot as that provided for that statewide election, the district, city or other political subdivision shall, at least 88 days prior to the date of the election, file with the board of supervisors, and a copy with the elections official, a resolution of its governing board requesting the consolidation, and setting forth the exact form of any question, proposition, or office to be voted upon at the election, as it is to appear on the ballot. Upon such request, the Board of Supervisors may order the consolidation; and

WHEREAS, the resolution requesting the consolidation shall be adopted and filed at the same time as the adoption of the ordinance, resolution, or order calling the election; and

WHEREAS, various district, county, state and other political subdivision elections may be or have been called to be held on 3 November 2009.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED THAT:
1. The governing body of the City of Carmel-by-the-Sea hereby orders an election be called and consolidated with any and all elections also called to be held on 3 November 2009 insofar as said elections are to be held in the same territory or in
territory that is in part the same as the territory of the City of Carmel-by-the-Sea and requests the Board of Supervisors of the County of Monterey to order such consolidation under Elections Code Section 10401 and 10403.

2. The governing body of the City of Carmel-by-the-Sea hereby requests the Board of
Supervisors to permit the Monterey County Elections Department to provide any and
all services necessary for conducting the election and agrees to pay for said services, and

3. The Monterey County Elections Department shall conduct the election for the following MEASURE to be voted on at the 3 November 2009 election:

Title:
APPROVE DISCONTINUANCE AND ABANDONMENT AND SALE OF FLANDERS MANSION PROPERTY PUBLIC PARKLAND
Question: Shall discontinuance and abandonment of the Flanders Mansion Property (APN 010-061-005) as public parkland, and authorization to sell the Flanders Mansion Property "with Conservation Easements and Mitigation" as passed on May 12, 2009 by the City of Carmel-by-the-Sea City Council by Resolutions No. 2009-30 through 2009-33, be approved?

4. The Monterey County Elections Department is requested to print the attached
measure text exactly as filed or indicated on the filed document in the Voter’s
Information Pamphlet section of the Sample Ballot for the 3 November 2009 election.
Cost of printing and distribution of the measure text will be paid for by the City.

5. The Monterey County Elections Department is hereby advised that approval of this ballot measure requires a simple majority (at least 50% plus 1 vote) of those who vote in the election.

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,

______________________________
SUE McCLOUD, MAYOR

ATTEST:

________________________
Heidi Burch, City Clerk

CITY OF CARMEL-BY-THE-SEA
BALLOT MEASURE – TEXT
Majority Vote
CITY OF CARMEL-BY-THE-SEA
Special Election
Consolidated with Statewide General Election Majority Vote
Title: APPROVE DISCONTINUANCE AND ABANDONMENT OF, AND AUTHORIZATION TO SELL, FLANDERS MANSION PROPERTY PUBLIC PARKLAND

Question:
Shall discontinuance and abandonment of the Flanders Mansion Property (APN 010-061-005) as public parkland, and authorization to sell the Flanders Mansion Property "with Conservation Easements and Mitigation" as passed on May 12, 2009 by the City of Carmel-by-the-Sea City Council by Resolutions No. 2009-30 through 2009-33, be approved?

Text:
The Flanders Mansion Property (APN 010-061-005) 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. This Ballot Measure approves the discontinuance and abandonment of the Flanders Mansion Property as public parkland and authorizes sale of the property with Conservation Easements and Mitigation. The City Council of the City of Carmel-by-the-Sea approved these actions on May 12, 2009 by adopting Resolutions No. 2009-30 through 2009-33. Before the City Council's authorization to discontinue, abandon and sell the Flanders Mansion property with Conservation Easements and Mitigation becomes effective, this ballot measure must be approved by a majority of voters in an election.

The Sale of the Flanders Mansion Property "with Conservation Easements and Mitigation" is described in the Recirculated Draft Environmental Impact Report for the Sale of Flanders Mansion Property (SCH # 2005011108), dated January 2009, certified as revised in the Recirculated Final Environmental Impact Report, dated April 2009, by the City of Carmel-by-the- Sea City Council, by Resolution No. 2009-29 passed on Mary 12, 2009, as follows:

"This alternative would consist of recording conservation easements on certain
portions of the Flanders Mansion Property in order to minimize potential impacts
to the Lester Rowntree Arboretum and a number of existing trails that would need
to be reconfigured as a result of the proposed project. Specifically, this alternative consists of applying a conservation easement (or reducing the parcel size) over portions of the Lester Rowntree Arboretum that are located within the boundaries of the Flanders Mansion parcel. This alternative would also consist of recording an easement or reducing the size along the eastern portion of the driveway to preserve existing trail access to the Mission Trail Nature Preserve (Serra Trail)
and the Lester Rowntree Arboretum. A scenic/conservation easement covering the westerly/southwesterly boundary of the site to include areas bordering ESHA
would be recorded to minimize potential biological impacts. The purpose of these
easements would be to prevent a future property owner from erecting exterior
elements or causing changes to the property within areas that are particularly
sensitive, provide access to the Lester Rowntree Arboretum, and provide areas of
the site that provide park benefits. These easements would restrict future
development activities within portions of the site covered by the easement in order
to reduce biological and aesthetic related impacts. Specifically, fencing, walls or
other man-made features would be prohibited within the boundaries of the easements. These easements would run with the land and would be legally binding on any subsequent property owner. These easements are intended to reduce and/or avoid significant impacts due to the permanent loss of parkland, ensure that park benefits associated with the Property are preserved, provide continued public use of certain portions of the property, and protect environmental resources. The total land area covered by the easements would be approximately 0.5 acres. The total remaining area of the property under this alternative would be approximately 0.752 acres, and it is assumed that all conditions and mitigations identified in this RDEIR would be applicable. Figure 6-1 provides a graphical representation of the alternative parcel configuration and easements.

Implementation of this alternative would retain existing park benefits associated
with the Flanders Mansion Property, while still allowing the City to divest itself of the property. This alternative assumes that impacted trails would also be reconfigured and additional trail connections would be provided to address project impacts. This alternative is not use-specific; therefore, it is assumed that either a
single family or low-intensity public/quasi-public use could occupy the property." Areas to be subject to conservation easements are further shown on Figure 6-1 from the Recirculated Draft Environmental Impact Report, certified by the City of Carmel-by-the-Sea City Council as modified by the Recirculated Final Environmental Impact Report by Resolution Number 29 passed on May 12, 2009. Figure 6-1 appears below.

The mitigation measures included in the Sale with Conservation Easements and Mitigation are provided in the Mitigation Monitoring and Reporting Program approved by the City of Carmel-by-the-Sea City Council on May 12, 2009 by Resolution Number 2009-30. The Mitigation Monitoring and Reporting Program is to be recorded against the Flanders Mansion Property and will run with the land, binding future owners of the property, and provides as set forth below.

Mitigation Monitoring Program
Sale of the Flanders Mansion Project
Section 21081.6 of the Public Resources Code requires all state and local agencies to establish monitoring or reporting programs whenever approval of a project relies upon an Environmental Impact Report (EIR). (See also Title 14, Cal. Code of Regs., § 15091, subd. (d), which also requires adoption of a program for reporting on or monitoring the changes or alternations made to the approved project in order to avoid or substantially lessen the significant environmental effects of the approved project.) The purpose of the monitoring or reporting program is to ensure implementation of the measures being imposed to mitigate or avoid the significant adverse environmental impacts identified in the EIR.

Mitigation Monitoring Program: City of Carmel-by-the-Sea -- Sale of Flanders Mansion Project

Mitigation Measure Number
Mitigation Measure
Compliance or Monitoring Actions to be performed. Where applicable, a certified professional is required for action to be approved.

Implementation Responsibility

Verification Responsibility

Timing

4.1 Aesthetics
4.1-1 In order to minimize potential impacts to the two (2) public viewing areas located adjacent to the Flanders Property, the City of Carmel-by-the-Sea, prior to the sale of the Flanders Property, shall provide additional trail access to these viewing locations from either the Doolittle or Mesa Trails. Appropriate trail signage and public amenities shall also be provided (e.g. benches, picnic tables, or similar), subject to the review and approval of the Forest and Beach Commission.

Prepare and record scenic deed restrictions, easements and/or Covenants, Conditions
and Restrictions

Construct new trail and provide other signage and/or amenities

City of Carmel-by- the-Sea City Attorney

Public Works and/or Building Official

City of Carmel-by-the-Sea

Review and approval by the Forest and Beach Commission

Prior to the sale or lease of the Flanders Mansion

4.1-2 In order to ensure the long-term preservation of existing scenic vistas within the Mission Trail Nature Preserve and adjacent to the Flanders Mansion parcel, the City of Carmel-by-the-Sea shall permanently preserve these locations through scenic deed restrictions or easement, prior to the sale of the Flanders Mansion. The area of the scenic easement shall include the adjacent meadow area located south/southwesterly from the Flanders property as well as the two (2) viewing areas identified in Figure 4.1-5.

Prepare and record scenic deed restrictions, easements and/or Covenants, Conditions
and Restrictions

City of Carmel-by-the-Sea City Attorney

City of Carmel-by-the-Sea

Prior to the sale or lease of the Flanders Mansion

4.1-3 In order to minimize potential indirect impacts to the two (2) public viewing areas located adjacent to the Flanders Property, future exterior changes shall preserve the existing tree line surrounding the Flanders property. Prior to any tree removal and/or the issuance of any building permit associated with future use of the Mansion, the owner shall submit detailed plans, including elevations, site plans, tree removal plans, and similar documentation, to the City of Carmel-by-the-Sea for review and approval. All tree removals shall be in accordance with the City’s existing tree removal ordinance and standards. Any exterior architectural changes shall also be in conformance with Mitigation Measures 4.3-1. This mitigation measure shall be incorporated as a future condition of sale or lease agreement and shall run with the land.
Submit plans
Review and approve plans, and tree trimming/removal permits
Owner or Lessee as Applicant
City of Carmel-by-the-Sea
City Forester and Forest and Beach Commission
Prior to any tree removal &/or issuance of any building permit