CIYT COUNCIL: Ordinance Abandoning and Discontinuing Use of Flanders Mansion Parcel for Park Purposes (Second Reading)

Meeting Date: 2 February 2010
Prepared by: Sean Conroy, Plng & Bldg Services Manager

City Council
Agenda Item Summary

Name: Consideration of an Ordinance abandoning and discontinuing use of the Flanders Mansion Parcel for park purposes. (Second reading)

Description: This Ordinance will formally abandon and discontinue the Flanders Mansion parcel located at 25800 Hatton Road (APN 010-061-005) as parkland and will allow the City to offer the parcel for sale.

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

Staff Recommendation: Adopt the Ordinance (2nd Reading).

Important Considerations: On 3 November 2009, the citizens of Carmel-by-the-Sea voted to approve the discontinuance and abandonment of use of the Flanders Mansion Parcel for park purposes, and to authorize sale of the parcel as set forth in the Sale with Conservation Easements and Mitigation Alternative of the adopted Environmental Impact Report. The adoption of this Ordinance is consistent with state law governing the discontinuance of public parkland.

Decision Record:
• 12 May 2009 - City certifies and Environmental impact report for this project.
• 3 November 2009 – Carmel voters approve the discontinuance of the Flanders Mansion parcel as parkland.
• 5 January 2010 – City Council holds a public hearing and first reading of the ordinance abandoning and discontinuing the Flanders Mansion parcel for park purposes.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2010-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ABANDONING AND DISCONTINUING USE OF THE FLANDERS MANSION PARCEL FOR PARK PURPOSES (Second Reading)

WHEREAS, the City became owner of the Flanders Mansion Parcel as part of a much larger property acquired in 1972; and

WHEREAS, the Mansion and grounds were zoned as Improved Parkland and used by the public as part of the larger Mission Trails Nature Preserve; and

WHEREAS, over the years, the City authorized use of the Mansion for a variety intermittent occupancies, but none of these became established as a permanent use; and

WHEREAS, the City Council initiated processes to study selling the Flanders Mansion Parcel; and

WHEREAS, on 12 May 2009, after consideration of environmental and economic studies as well as extensive public comment, the City Council certified an Environmental Impact Report and adopted the Sale with Conservation Easements and Mitigation Alternative as the best means of divesting the Flanders Mansion property; and

WHEREAS, the City Council passed a resolution May 12, 2009, finding that the Flanders Mansion parcel is no longer necessary for City use; and

WHEREAS, on 16 June 2009, the City conducted a noticed protest hearing on the proposed discontinuance and abandonment of use of the Flanders Mansion Parcel for park purposes; and

WHEREAS, on 7 July 2009, the City Council adopted Ordinance No. 2009-6 calling for a ballot measure to allow the public to either approve, or not approve, discontinuance and abandonment of the use of the Flanders Mansion Parcel for park purposes; and

WHEREAS, on 3 November 2009, the citizens of Carmel-by-the-Sea voted, 913 to 552, to approve the discontinuance and abandonment of use of the Flanders Mansion Parcel for park purposes, and to authorize sale of the parcel as set forth in the Sale with Conservation Easements and Mitigation Alternative; and

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

Section One. Abandon and Discontinue. Upon the effective date of this ordinance the use of the Flanders Mansion Parcel for park purposes shall be abandoned and discontinued. 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. 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 Three. 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 2nd day of February, 2010, by the following roll call vote:

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

SIGNED,

______________________________
SUE McCLOUD, MAYOR

ATTEST:

________________________
Heidi Burch, City Clerk