“MINUTES”
CITY COUNCIL SPECIAL MEETING FLANDERS MANSION
CITY OF CARMEL-BY-THE-SEA
June 16, 2009
V. Protest Hearing
A. Receive protests regarding the discontinuance and abandonment of the Flanders Mansion Property as Public Park Land.
Mayor McCloud opened the meeting to public comment.
Roberta Miller spoke on the City’s failure to comply with CEQA regarding surplus land, the City’s failure to substantiate economic infeasibility of lease option, et cetera. She also spoke of the Flanders Foundation’s business plan for the rehabilitation and management of the Flanders Mansion.
Barbara Stiles stated that it is fiscally irresponsible to sell Flanders Mansion for a one time, short-term economic gain. She stated that the City fails to make the case that it cannot afford to rehabilitate and maintain the property. There are $10 plus million plus in reserve funds, the recent budget is $1.2 million in the black and this past quarter the City had a surplus. For 10 years the Flanders Foundation and private parties have offered to lease and refurbish the property. The City rejected all offers. Since there are viable lease options, the city cannot comply with CEQA. The report failed to prove infeasibility of a lease. The report also fails to demonstrate that the sale can better protect parkland. Since 2004/05 The City has spent almost $700,000 in trying to avoid complying with State and City laws. Now, the city has failed to make its legal case. Note: The $700,000 could have been spent on the rehabilitation of the Flanders Mansion and the park and be open today for people to use and enjoy. The Statement of Overriding Considerations fails to support the facts. All of the City’s goals and objectives can be met without the sale of Flanders Mansion; the City’s General Plan and LCP do not support the sale of parkland. In fact it speaks to preservation, protection, enhancement and purchase of parkland, not sale of parkland.
Richard Stiles stated that the Flanders Foundation repeatedly made requests to the City regarding rehabilitation and use of Flanders Mansion. Flanders Foundation has been ignored for over nine years. Almost $700,000 the city seems willing to continue to waste of public funds in difficult economic times rather than work with interested parties to work on a lease for the Flanders Mansion and retained by the public for the future and rehabilitated. The Flanders Foundation strongly believes the city must follow the law. We cannot ignore the City’s failure to comply with the law.
Barbara Livingston spoke of her vehement opposition to sale of parkland and Mission Trail Nature Preserve must remain intact and pleaded for them not to proceed with the sale of parkland.
Melanie Billig read into the record a letter from Susan Brandt-Hawley; On behalf of the Flanders Foundation, I am writing to protest the proposed sale of the Flanders Mansion because the sale of this parkland is not in the public interest. The basis for this protest is documented in the administrative record for the CEQA process conducted for the proposed sale…which is currently under challenge in the Flanders Foundation versus the City of Carmel-by-the-Sea. The City’s pursuit of the sale of this land is a waste of public funds. Thank you for your consideration.
I regret to say as President of the Flanders Foundation that we have had to pursue this course. We have asked you repeatedly over the years to please sit down with us and try to find an amicable solution that would satisfy the county neighbors and protect this park. It is with a great deal of sadness that the Flanders Foundation has no alternative but to pursue a lawsuit against the City of Carmel-by-the-Sea and that is why we have proceeded with the lawsuit.
Skip Lloyd stated that the mitigations for sale demonstrate an admission by the City that the sale does not enhance parkland, as the General Plan requires. He focused on a solution for Mission Trail Nature Preserve in its entirety; that presently, Mission Trail Nature Preserve is “a mess,” other than the Arboretum, and will require thoughtful planning, money and people of good will to return it to its natural state.
Mayor McCloud closed the meeting to public comment.
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.
Council Member SHARP stated that the Council is proposing the people decide the sale of the Flanders Mansion Property by public vote.
Council Member ROSE moved approval 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, seconded by Council Member HAZDOVAC, and carried by the following roll call:
AYES: COUNCIL MEMBERS: HAZDOVAC, ROSE, SHARP, TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
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.
Mayor McCloud opened the meeting to public comment.
Barbara Livingston asked who was responsible for the wording of the ballot measure for the November 3, 2009 election.
City Attorney Don Freeman stated the City is responsible for the wording of the ballot measure.
David Keyston spoke in favor of proceeding with the sale of the Flanders Mansion; the proceeds could be used for Sunset Center debt, Carmel’s streets.
Mayor McCloud closed the meeting to public comment.
Council Member ROSE moved approval 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, seconded by Council Member HAZDOVAC and carried by the following roll call:
AYES: COUNCIL MEMBERS: HAZDOVAC, ROSE, SHARP, TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
(Source: Archived Videos, Special City Council Meeting, June 16, 2009)
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