ABSTRACT: At a Special City Council Meeting today, Tuesday, June 16, 2009 at 4:30 P.M., the City Council will conduct a Protest Hearing regarding the discontinuance and abandonment of the Flanders Mansion Property as Public Park Land and may consider a Resolution Overriding All Protests Against Discontinuance and Abandonment of Use of the Flanders Mansion Property as Public Park Land and an Ordinance Calling and Fixing the Date of a Special Election to Submit to the City Electors the Question of Discontinuance and Abandonment of the Use of Public Park Land on Which Protests Were Overruled. The Flanders Mansion Property 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). The Flanders Mansion is listed on the National Register of Historic Places (NRHP). Selected excerpts from the Staff Report and Agenda Item Summaries are presented under each agenda item. If a 2/3 vote of the City Council overruling protests is realized, then a Resolution Overriding All Protests Against Discontinuance and Abandonment of Use of the Flanders Mansion Property as Public Park Land and an Ordinance Calling and Fixing the Date of a Special Election on November 3, 2009, to coincide with the General Election, can be adopted.
NOTICE OF SPECIAL CITY COUNCIL MEETING
Special Meeting
Tuesday, June 16, 2009 -- 4:30 p.m.
Council Chambers
East side of Monte Verde Street between Ocean and Seventh Avenues
Live and archived video streaming available
V. Protest Hearing
A. Receive protests regarding the discontinuance and abandonment of the Flanders Mansion Property as Public Park Land.
PROTEST HEARING
California statutes provide safeguards against the loss of public parkland. The public must first have an opportunity to protest, both orally and in writing. After hearing all protests, the City Council may decide whether or not to proceed with the sale. The Statute requires a two-thirds vote of the Council. A proposed Resolution for this decision is attached.
VI. Resolutions
A. Consideration of a Resolution of the City Council Overriding All Protests Against Discontinuance and Abandonment of Use of the Flanders Mansion Property as Public Park Land.
Description: The proposed resolution will override all protests received during the protest hearing and allow for the discontinuance and abandonment of the Flanders Mansion Property as Public Parkland.
Staff Recommendation: Adopt the Resolution.
Important Considerations: California Statutes provide safeguards against the loss of public parkland. The public must first be given an opportunity to protest, both orally and in writing. After hearing all protests, the City Council can decide if it still wants to proceed with the sale. The Statute requires a two-thirds vote of the Council.
VII. Ordinances
A. Consideration of an Ordinance (1st Reading) of the City Council Calling and Fixing the Date of a Special Election to Submit to the City Electors the Question of Discontinuance and Abandonment of the Use of Public Park Land on Which Protests Were Overruled.
Description: The proposed Ordinance will allow for a special election to be set to allow the City Electors to vote on the discontinuance and abandonment of the Flanders Mansion Property as Public Park Land.
Staff Recommendation: Adopt the Ordinance.
Important Considerations: If the protests are overridden, the Council may then adopt an Ordinance calling for a special election.
(Note: “A proposed Ordinance would call the special election for November 3, 2009, to coincide with the General Election set for that date.”)
(Source: Special City Council Flanders Meeting Agenda Packet)
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