MINUTES for Four Noteworthy 2 April 2013 City Council Agenda Items

MINUTES

REGULAR CITY COUNCIL MEETING

CITY OF CARMEL-BY-THE-SEA

April 2, 2013

II. ROLL CALL 

PRESENT: Council Members Beach, Hillyard, Talmage, Theis & Mayor Burnett

ABSENT: None

STAFF PRESENT: Jason Stilwell, City Administrator

Heidi Burch, Assistant City Administrator/City Clerk

Mike Calhoun, Public Safety Director

Marc Wiener, Associate Planner

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS

AND THE CITY ADMINISTRATOR

A. Announcements from Closed Session

1. Public Employment - Government Code Section 54957(b)(1) – Title: City Attorney

2. Labor Negotiations – Government Code Section 54957.6(a) Meet and confer with the Carmel-by-the-Sea’s Meyers-Milias Brown Act representative, City Administrator Stilwell, to give direction regarding terms and conditions of employment for all represented and unrepresented employees.

3. Property Negotiations – Government Code Section 54956.8, Real Property negotiations between City Administrator Jason Stilwell and Christine Sandin regarding the Sunset Cultural Center.

City Attorney Don Freeman reported that the Council met in Closed Session on March 4, 2013. There were no announcements for the public.

C. Announcements from City Administrator.

3. Update on Flanders lease

City Administrator provided the Flanders lease update.

VII. CONSENT CALENDAR

I. Consideration of (1) a Resolution Certifying the Recirculated Final Environmental Impact Report for the Sale of the Flanders Mansion Property, Determining General Plan Conformity, Selecting a Project for Implementation and Adopting Findings and (2) a Resolution Adopting a Mitigation Monitoring and Reporting Program, Findings and Conditions of Lease for the Flanders Mansion Property. 

Council Member HILLYARD pulled Item VII. I for further discussion.

Mayor Burnett opened and closed the meeting to public comment at 5:12 p.m.

Item VII.I. Consideration of (1) a Resolution Certifying the Re-circulated Final Environmental Impact Report for the Sale of the Flanders Mansion Property, Determining General Plan Conformity, Selecting a Project for Implementation and Adopting Findings and (2) a Resolution Adopting a Mitigation Monitoring and Reporting Program, Findings and Conditions of Lease for the Flanders Mansion Property.

Brian Roseth, Jon Giffen and Don Freeman answered Council questions.

Mayor Burnett opened the hearing to public comment at 5:52 p.m.

Melanie Billig, President of the Flanders Foundation, Skip Lloyd, Dick Stiles and Barbara Stiles addressed Council.

Mayor Burnett closed the hearing to public comment at: 5:58 p.m.

Council Member BEACH moved to adopt a Resolution Certifying the Re-circulated Final Environmental Impact Report for the Sale of the Flanders Mansion Property, Determining General Plan Conformity, Selecting a Project for Implementation and Adopting Findings with the second paragraph on page 3 to read “Whereas, there is now evidence in the record that some parties may be interested in a long-term lease and this suggests that a lease…” , seconded by Council Member THEIS and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BEACH, TALMAGE, THEIS AND BURNETT

NOES: COUNCIL MEMBERS: HILLYARD

ABSENT: COUNCIL MEMBERS: NONE

ABSTAIN: COUNCIL MEMBERS: NONE

Council Member BEACH moved to adopt a Resolution Adopting a Mitigation Monitoring and Reporting Program, Findings and Conditions of Lease for the Flanders Mansion Property, seconded by Council Member THEIS and carried 4-1 with HILLYARD as the dissenting vote.

VIII. ORDERS OF COUNCIL

B. Consideration of a use permit application, water allocation transfer and certification of a negative declaration for the establishment of an event center at a site located in the Service Commercial (SC) District. 

As Council Member Talmage lives within 500 feet of the proposed project, he recused himself and left the Chambers.

Mayor Burnett and Council Member Beach disclosed personal discussions with parties involved in the project.

Don Freeman noted a conflict of interest as he owns property within 500 feet, but stayed for the proceedings because the issue pertained only to water issues.

Council Member Theis and Mayor Burnett noted further personal discussions with parties involved in the project.

Tony Lombardo, Counsel for the applicants, requested a continuance of the item.

Don Freeman outlined the process for action on the item at a future date.

Mayor Burnett opened the meeting to public comment at 6:32 p.m.

Monte Miller addressed Council.

The meeting was closed to public comment by Mayor Burnett at 6:33 p.m.

The item will be re-noticed and brought back to the Council for consideration.