MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
January 8, 2013
I.
CALL TO ORDER
The
regular meeting of the City Council of the City of Carmel-by-the-Sea,
California, was held on the above date at the stated hour of 4:35 p.m. Mayor Burnett called the
meeting to order.
II.
ROLL CALL
PRESENT:
Council Members Beach
ABSENT:
None
STAFF
PRESENT: Jason Stilwell, City Administrator
Heidi
Burch, Assistant City
Mike
Calhoun, Public Safety Director
Marc Wiener, Associate Planner
V. ANNOUNCEMENTS FROM CLOSED SESSION,
FROM CITY COUNCIL MEMBERS AND THE CITY ADMINISTRATOR.
A. Announcements from Closed Session.
1. Public Employee Performance Evaluation - Government Code
Section 54957. Title: City Attorney.
2. Public Employee Performance Evaluation - Government Code
Section 54957. Title: City Administrator.
3. Property Negotiations – Government Code Section 54956.8,
Real Property negotiations between City Administrator Jason Stilwell and
Christine Sandin regarding the Sunset Cultural Center.
Mayor
Burnett noted the completion of the evaluation of the City Administrator.
City
Attorney Don Freeman said the Council met in Closed Session on January 7, 2013. There was no reportable action taken.
1. Completion
of successful side fund payoff.
3. Present the proposed budget calendar for FY 2013/2014.
City
Administrator Stilwell presented the proposed calendar and noted key dates for
special City Council meetings.
VIII. ORDERS OF COUNCIL
A. Update on the Water Replacement Project. (Oral Report)
A. Update on the Water Replacement Project. (Oral Report)
Mayor
Burnett presented the status report. Council Member Talmage presented additional
information to the Council and public.
Mayor
Burnett opened the meeting to public comment at 5:48 p.m.
Skip
Lloyd addressed Council.
Mayor Burnett closed the meeting to public comment at 5:49 p.m.
B. Review and consider the Recirculated Final Environmental Report for theFlanders Mansion
B. Review and consider the Recirculated Final Environmental Report for the
Don
Freeman introduced Brian Roseth, the planning consultant in charge of the project.
Brian
Roseth presented the report.
Denise
Duffy, principal of Denise Duffy & Associates and author of the Environmental
Impact Report, and Jon Giffen, legal counsel for the City, answered questions.
Mayor
Burnett opened the meeting to public comment at 7:00 p.m.
Addressing
Council on this issue were: Dick Stiles; Skip Lloyd; Barbara Livingston; Barbara
Stiles; Pat Sippel; Les Albiol; Melanie Billig, President of the Flanders Foundation;
Barbara Brooks; Joyce Stevens; Mike Brown; Rich Pepe; and Cindy Lloyd.
Mayor
Burnett closed the meeting to public comment at 7:30 p.m.
Council took a scheduled break at 7:30 p.m.
and reconvened at 7:56 p.m.
Denise
Duffy and Brian Roseth addressed the comments and concerns presented.
Council
Member HILLYARD moved that the Environmental Impact Report is adequate, seconded
by Council Member TALMAGE, and carried by the
following vote:
AYES:
COUNCIL MEMBERS: BEACH; HILLYARD; TALMAGE; THEIS & BURNETT
NOES:
COUNCIL MEMBERS: NONE
ABSENT:
COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
Council
Member HILLYARD moved that both sale and lease conform to the General Plan, seconded
by Council Member TALMAGE, and carried by the following vote:
AYES:
COUNCIL MEMBERS: BEACH; HILLYARD; TALMAGE; THEIS & BURNETT
NOES:
COUNCIL MEMBERS: NONE
ABSENT:
COUNCIL MEMBERS: NONE
ABSTAIN:
COUNCIL MEMBERS: NONE
Council
Member TALMAGE moved that a single family residence is in conformance with
the General Plan, seconded by Council Member HILLYARD, and carried by the
following vote:
AYES:
COUNCIL MEMBERS: BEACH; HILLYARD; TALMAGE; THEIS & BURNETT
NOES:
COUNCIL MEMBERS: NONE
ABSENT:
COUNCIL MEMBERS: NONE
ABSTAIN:
COUNCIL MEMBERS: NONE
Les
Albiol addressed Council questions regarding boundaries.
AYES:
COUNCIL MEMBERS: BEACH; HILLYARD; TALMAGE; THEIS & BURNETT
NOES:
COUNCIL MEMBERS: NONE
ABSENT:
COUNCIL MEMBERS: NONE
ABSTAIN:
COUNCIL MEMBERS: NONE
Council
Member TALMAGE moved to approve the mitigation measures as outlined and to include
the recommended amendments made by Historic Resources Board and Planning Commission,
seconded by Council Member HILLYARD, and carried by the following vote:
AYES:
COUNCIL MEMBERS: BEACH; HILLYARD; TALMAGE; THEIS & BURNETT
NOES:
COUNCIL MEMBERS: NONE
ABSENT:
COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
Council
Member TALMAGE moved to authorize the City Administrator to immediately begin marketing the Flanders
Mansion
1)
The property must be used as a single-family residence during the lease term;
2)
Potential lessees must show sufficient liquid financial resources to restore
and renovate
the residence and grounds consistent with a preservation plan approved by the
City according to historic preservation standards;
3)
The lessee must agree to conform to and implement all mitigation measures approved
by the City Council;
4)
The lessee must restore the property on a timely basis, maintain the property throughout
the lease, and return it to the City in its fully restored condition;
5)
Lessee must agree to pay market rent, including all expenses (with possible allowances
to offset improvements);
6)
Lessee must provide adequate insurance to protect the City from any and all
liability and
to indemnify and defend the City against any potential legal action; and
7)
Offers that meet the minimum conditions will be evaluated upon receipt. If a suitable
tenant/lease has not been approved by May 1, the matter will be scheduled for
review for possible sale, seconded by Council Member HILLYARD, and carried
by the
following vote:
AYES:
COUNCIL MEMBERS: BEACH; HILLYARD; TALMAGE; THEIS & BURNETT
NOES:
COUNCIL MEMBERS: NONE
ABSENT:
COUNCIL MEMBERS: NONE
ABSTAIN:
COUNCIL MEMBERS: NONE
Council took a short break at 9:45 p.m. and
reconvened at 9:50 p.m.
Mayor
Burnett opened the meeting to public comment at 9:52 p.m.
Skip
Lloyd, Les Albiol, and Melanie Billig addressed Council.
Mayor
Burnett closed the meeting to public comment at 9:59 p.m.
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