ABSTRACT: On the City Council Agenda (November 6, 2007), there is a Resolution “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 and findings regarding the Flanders mansion property project.” The Agenda Item Summary and Resolution are reproduced in their entirety. Comments are made and References are cited.
City Council Agenda
Regular Meeting
November 6, 2007
X. Resolutions
B. Consideration of a Resolution 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 and findings regarding the Flanders mansion property project.
Meeting Date: 6 November 2007
Prepared by: Brian Roseth,
Planning Services Manager
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 resolutions of the city council related to project selection, overriding considerations, project implementation, mitigation measures and findings regarding the Flanders mansion property project
Description: In September 2005, the City Council certified the Environmental Impact Report for the Flanders Mansion project. This action was challenged in Superior Court. The Court directed the City to de-certify the EIR and the proposed resolution fulfills this direction.
Overall Cost:
City Funds: N/A
Grant Funds: N/A
Staff time: N/A
Staff Recommendation: Adopt the Resolution.
Important Considerations: The decision in the Flanders case in Monterey County Superior Court requires the City to de-certify the Environmental Impact Report (EIR) for the Flanders Mansion project. The proposed resolution would de-certify the EIR and rescind all resolutions adopted by the City Council when the project was approved.
Decision Record: The resolutions being rescinded were adopted on 22 September 2005.
Reviewed by:
__________________________ _____________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
RESOLUTION NO. 2007-
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 AND FINDINGS REGARDING THE FLANDERS MANSION PROPERTY PROJECT
WHEREAS, the City proposed the sale of the Flanders Mansion property located on an approximately 1.25 acre site in Carmel; 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 OF CARMEL BY-THE-SEA DOES:
Rescind each of the following City Council Resolutions:
RESOLUTION NO. 2005-55: A RESOLUTION CERTIFYING AN ENVIRONMENTAL IMPACT REPORT FOR THE SALE OF THE FLANDERS MANSION PROPERTY
RESOLUTION NO. 2005-56: A RESOLUTION ADOPTING A PROJECT FOR IMPLEMENTATION; SALE OF THE FLANDERS MANSION PROPERTY
RESOLUTION NO. 2005-57: A RESOLUTION OF INTENTION TO SELL THAT REAL PROPERTY COMMONLY KNOWN AS THE FLANDERS MANSION
RESOLUTION NO. 2005-58: A RESOLUTION ADOPTING A MITIGATION MONITORING PROGRAM AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE SALE OF THE FLANDERS MANSION PROPERTY PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA this __ day of ______2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
SIGNED:
__________________________
SUE McCLOUD, MAYOR
ATTEST:
___________________________
Heidi Burch, City Clerk
COMMENTS:
• After expending nearly $350,000 in professional fees and services, the City Council must now decertify the EIR and rescind resolutions regarding the proposed sale of the Flanders Mansion property because Monterey Superior Court Judge Robert A. O’Farrell ruled against the City Council, thereby ordering the City Council to “decertify the Environmental Impact Report and remedy errors in the environmental review process and documents.” What a grievous waste of taxpayer resources, which could have been better spent on the rehabilitation and renovation of this unique National Register of Historic Places resource.
• To those Carmelites who ingratiate themselves to elected city officials with records of not acting in the best interests of Carmelites and the City of Carmel-by-the-Sea, the lesson of the Flanders Foundation “victory” is basic; namely, the Flanders Foundation and their supporters are able to celebrate their “victory” not because they chose to be congenial and conciliatory, but because they chose to be confrontation, they risked being labeled controversial and they chose to stand up for the rule of law, even when these actions made them uncomfortable.
REFERENCES:
UPDATE: $78,780 TOTAL CITY COMPENSATION TO SPECIAL COUNSEL WILLIAM B. CONNERS
M76728, FLANDERS FOUNDATION v. CITY OF CARMEL-BY-THE-SEA et al. (March 2005 – October 2007)
113901 9/25/07 WILLIAM B. CONNERS $ 620.00 LEGAL EXPENSES-FLANDERS LITIGATION
113982 10/9/07 BRANDT-HAWLEY LAW GROUP $ 160,000.00 FLANDERS LAWSUIT SETTLEMENT PAYMENT
(Source: Carmel-by-the-Sea, October 2007 Check Register, http://www.ci.carmel.ca.us/)
3 comments:
You have to give Melanie Billig and the Friends of Flanders full marks for sticking to their guns in the face of the very strong opposition from the mayor and city council of Carmel. The Friends clearly had the law on their side but it was a long and expensive process. McCloud and company always seem to hope they can outlast and outspend the opposition (having essentially unlimited tax dollars to draw on) even when the oppostion has a stong case. If this doesn't work, the record shows the city will probably lose most of its cases unless it can manage to appear before a very conservative judge, who lets political or social prejudgement get in the way of a fair trial. It is too bad that the people, who have been elected and appointed to look out for Carmel are more interested in futhering a narrow agenda that only tangentally benefits Carmel
It's a shame that Mayor McCloud and her city council are willing to spend huge amounts of our taxpayers dollars on the slim chance that they can win cases brought against the city. That $350,000 could have been used for so many more useful things. The money could have been used to address the backlog of repair and maintenance of public buildings, streets and equipment; mitigating understaffing problems etc. from which Carmel suffers needlessly. Obviously, some of the money should have been used to maintain Flanders. Now the cost of repairs will be much greater than the cost of proper maintenance would have been.
Unfortunately, Mayor McCloud and the City Council never seem to learn. Based on their history to date, we can expect them to do as little as they can get away with in carrying out the court's requirements. In the future we can expect they will willfully act in a similar fashion to the way they did in the Flanders situation and in other situations that preceded it. Some may argue that the members of the City Council have changed over the years since McCloud became mayor but that would ignore the fact that, with one exception, she has hand picked each of the members both past and current.
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