Citizen Denied Timely Hearing On Mills Act Contract

David and Debbie D. Hutchings are the owners of The Elizabeth Armstrong House, Lincoln Street, 3 NW of 9th, Carmel-by-the-Sea. The residence, on the City's Register of Historic Resources, is an English Arts and Crafts style residence designed by noted local architect C.J. Ryland and constructed in 1935 by Miles Bain.

Chronology of Events:

1. Kent Seavy completed a Department of Parks and Recreation Primary Record; Building, Structure, and Object Record; and Continuation Sheet. April 9, 2002.

2. On 17 October 2005, the Historic Resources Board placed the residence on the City's Register of Historic Resources and recommended approval of a Mills Act Contract to the City Council.

3. On the City Council's Regular Meeting Agenda for 6 December 2005, XI. Orders of Council, C. Consideration of a Mills Act Contract for an Historic Residence.

In the Staff Report, Sean Conroy, Associate Planner, recommended to the City Council approval of the Mills Act Contract and adopt the Maintenance and Management Plan.

4. At the 6 December 2005 City Council meeting, Council Member Rose moved to continue Hutchings item, seconded by Council Member Hazdovac. David Hutchings then addressed the City Council regarding the continuance. He stated that he had cleared his schedule to come to the meeting and was only notified of the continuance that Monday, the day before the meeting. He expressed a concern about whether he or the City Council had the right to continue his agenda item. Mayor McCloud closed the meeting to public comment. After a withdrawn motion, a substitute motion, a failed substitute motion, Council Member Cunningham moved to CONTINUE the item without a commitment to Mr. Hutchings that his item would be addressed at the next regular meeting of the City Council or at a specific meeting date in the future, as is customary procedure for local governments. The motion to continue carried with AYES, Bethel, Cunningham, Hazdovac & McCloud; NOES, Rose.

The City of Carmel-by-the-Sea's General Plan/Coastal Land Use Plan and Carmel Municipal Code section 17.32.100 Mills Act Historical Property Contracts contain provisions for Mills Act Contracts. During the City Council discussion at the 6 December 2005 meeting, the City Council agreed that they needed a workshop on the Mills Act prior to entering into an agreement with an applicant. A workshop? After the Mills Act Contract has been codified in the Local Coastal Program, after the item was placed on a City Council agenda, and after the Staff recommended approval of the contract with the Hutchings? Additionally, Council Member Cunningham pledged to Mr. Hutchings that he didn't think this process would extend past 6 months. December 2005 , January 2006, February 2006, March 2006, and still no Mills Act Contract agenda item in sight for the Hutchings.

Good Government?