CITY COUNCIL: Resolution Decertifying Environmental Impact Report for the Sale of Flanders Mansion Property Project & Rescinding Resolution of City Council Related to Project Selection, Overriding Consideration, Project Implementation, Mitigation Measures, Public Vote & Findings

City Council
Agenda Item Summary

Name: Consideration of a Resolution decertifying the Environmental Impact Report for the Sale of Flanders Mansion Property project and rescinding Resolution of the City Council related to project selection, overriding considerations, project implementation, mitigation measures, public vote and findings regarding the
Flanders Mansion Property.

Description: The Monterey County Superior Court has directed the City to
decertify the Environmental Impact Report and remedy errors in the environmental
review process and documents City of Carmel-by-the-Sea proposed the sale of the
Flanders. As such, the City must decertify the previous Environmental Impact
Report for the Sale of Flanders Mansion property project and rescind Resolutions
approved in 2009 related to project selection, overriding considerations, projeCt
implementation, mitigation measures, public vote and findings regarding the
Flanders Mansion property.
Overall Cost:
City Funds: N/A
Grant Funds: N/ A

Staff Recommendation: Adopt the Resolution.

Important Considerations: None.

Decision Record: None.

Reviewed:

Jason Stilwell, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
RESOLUTION 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
DECERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE SALE OF
FLANDERS MANSION PROPERTY PROJECT AND RESCINDING
RESOLUTIONS OF THE CITY COUNCIL RELATED TO PROJECT SELECTION,
OVERRIDING CONSIDERATIONS, PROJECT IMPLEMENTATION,
MITIGATION MEASURES, PUBLIC VOTE AND FINDINGS REGARDING THE
FLANDERS MANSION PROPERTY PROJECT
_________________________________________________________________
WHEREAS, the City of Carmel-by-the-Sea (the “City”) proposed the sale of the Flanders
Mansion property located on an approximately 1.25 acre site in the City; and
WHEREAS, the City prepared an Environmental Impact Report to review potential
impacts of project implementation; and
WHEREAS, the City reviewed the Environmental Impact Report, selected a
project, adopted findings, a mitigation monitoring program and a statement of
overriding considerations and took other actions related to project implementation; and
WHEREAS, the Monterey County Superior Court has directed the City to
decertify the Environmental Impact Report and remedy errors in the environmental
review process and documents.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY DOES:
Rescind each of the following City Council Resolutions:
RESOLUTION NO. 2009-29: A RESOLUTION CERTIFYING THE
RECIRCULATED FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SALE
OF THE FLANDERS MANSION PROPERTY, AS ADOPTED BY CITY COUNCIL
ON MAY 12, 2009 AT SPECIAL MEETING
RESOLUTION NO. 2009-30: A RESOLUTION ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM, CONDITIONS OF SALE,
CONDITIONS, COVENANTS AND RESTRICTIONS TO BE RECORDED, AND
CONDITIONS OF LEASE, INCLUDING ATTACHMENTS, AS ADOPTED BY CITY
COUNCIL ON MAY 12, 2009 AT SPECIAL MEETING
RESOLUTION NO. 2009-31: A RESOLUTION ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS, AS ADOPTED BY CITY COUNCIL ON
MAY 12, 2009 AT SPECIAL MEETING
43
RESOLUTION NO. 2009-32: A RESOLUTION ADOPTING A PROJECT FOR
IMPLEMENTATION: SALE OF FLANDERS MANSION PARCEL WITH
CONSERVATION EASEMENTS AND MITIGATION, AS ADOPTED BY CITY
COUNCIL ON MAY 12, 2009 AT SPECIAL MEETING
RESOLUTION NO. 2009-33: A RESOLUTION OF NOTICE OF PROPOSED
DISCONTINUANCE OF PUBLIC PARK LAND AND SETTING DATE FOR
HEARING OF PROTESTS AGAINST SALE OF PUBLIC PARK LAND, AS
ADOPTED BY CITY COUNCIL ON MAY 12, 2009 AT SPECIAL MEETING
RESOLUTION NO. 2009-42: A RESOLUTION OF THE CITY COUNCIL
OVERRIDING ALL PROTESTS AGAINST DISCONTINUANCE AND
ABANDONMENT OF USE OF THE FLANDERS MANSION PROPERTY AS
PUBLIC PARK LAND, AS ADOPTED
RESOLUTION NO. 2009-50: A RESOLUTION ORDERING AN ELECTION,
REQUESTING THE COUNTY ELECTIONS DEPARTMENT TO CONDUCT THE
ELECTION, AND REQUESTING CONSOLIDATION OF THE ELECTION,
INCLUDING ATTACHMENT, AS ADOPTED
RESOLUTION 2010-1: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARMEL-BY-THE-SEA CERTIFYING THE RESULTS OF THE GENERAL
MUNICIPAL ELECTION HELD ON NOVEMBER 3, 2009
Set Aside the Results of the following Vote:
RESULTS OF THE NOVEMBER 3, 2009 VOTE: THE RESULTS OF THE
NOVEMBER 3, 2009 VOTE ON MEASURE I SUBMITTED TO THE VOTERS OF
THE CITY OF CARMEL-BY-THE-SEA, CAPTIONED AS FOLLOWS: MEASURE I:
APPROVE DISCONTINUANCE AND ABANDONMENT OF, AND
AUTHORIZATION TO SELL, FLANDERS MANSION PROPERTY PUBLIC
PARKLAND. 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?

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-
THE-SEA this sixth day of March 2012, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED:
____________________________
SUE McCLOUD, MAYOR
ATTEST:
_______________________
Heidi Burch, City Clerk