SPECIAL CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Tuesday, May 8, 2012
City Hall
East side of Monte
Verde Street between Ocean and Seventh Avenues
II. Roll Call
PRESENT: Council
Members Beach
ABSENT: None
STAFF PRESENT (partial list): Jason Stilwell, City
Administrator
Heidi Burch, Assistant
City
Don Freeman, City Attorney
V. Orders of Council
B. Receive recommendation of the ad hoc Committee and
consider an appointment to the vacant City Council seat.
Mayor Burnett reviewed the Memo on the subject of the Ad Hoc City Council Vacancy Interview
Committee prepared by Ad Hoc Committee members Mayor Jason Burnett and Council
Member Hazdovac and their recommendation of Carrie Theis and Steven
Hillyard. Burnett stated that “they
would assist in completing the range of expertise and qualifications that the
current four-person council has” and either person would “contribute to
achieving the four goals the city council has set,” namely Community Character,
Long-term Vitality, Organizational Effectiveness, and Fiscal Stability.
Mayor Burnett opened the meeting to public comment.
Keith Paterson, Planning Commissioner, stated that he has
served with Steve Hillyard for about two years and he is an excellent member of
the Commission and endorsed Hillyard for the council.
Thompson Lange, Homescapes owner, worked with Carrie Theis
over the years and with the concerns of the inns being a primary focus, he therefore
endorsed Carrie Theis, head of the Innkeepers Association and innkeeper
herself.
Monte Miller recommended an additional individual for
review, namely Michael LePage, who was barely defeated by Ken Talmage in a
previous election and served on the Design Review Board.
Bobbie Richards stated that Carrie Theis gives us a voice
with the Monterey County Convention and Visitors Bureau which is important to
all the inns in town and works with broader organizations.
Barbara Livingston observed that the person to fill the
council seat should have “a clear understanding of the Preamble to Ordinance
No. 96” which states that “Carmel
is primarily, essential and predominately a residential City,” written in 1929
by Judge Argyll Campbell. And the person chosen should be conversant
with the General Plan and the General Plan should inform decisions. She advocated for the person selected to have
served on a City Board or Commission.
Roberta Miller stated her attendance at Planning Commission
meetings and advocated for the selection of Steven Hillyard who has a smorgasbord
of significant professional skills and intelligence and integrity.
Jim Emery advocated for Steve Hillyard based on his
recommendations and resume. He alleged a
potential conflict of interest with Carrie Theis.
Rich Pepe advocated for more and serious consideration of
the candidates who ran for election namely, Tom Leverone, Bob Profeta and
Michael LePage. He also applauded Carrie
Theis and Steven Hillyard.
Ken White, former Mayor and Planning Commissioner, stated
his experience on the Planning Commission was “immensely important” once he was
elected to the council. He recommended planning commission experience
for the selected individual.
Mayor Burnett closed the meeting to public comment.
Mayor Burnett stated that the Ad Hoc Committee’s
recommendation is a recommendation only.
Council Member Talmage stated that the ten individuals are a “talented
group” and believed all ten applicants were qualified. And therefore it is a “fit issue.” And there was no need for a unanimous vote for
selection.
Council Member Hazdovac stated that she hoped the decision
would be unanimous and Mayor Burnett
agreed.
Council Member Talmage reviewed the resumes of Steve
Hillyard, Carrie Theis and Michael LePage.
Council Member Hazdovac advocated for Carrie Theis (owner
Hofsas House), a person on the council representing the business community and
hotel industry, and TOT represents about 50% of total revenue to the City. And she reviewed the resumes of Carrie Theis
and Steve Hillyard.
Mayor Burnett stated that Carrie Theis is a “problem
solver,” for example the Hospitality Improvement District proposal. Steve Hillyard has a “great analytical mind”
and approaches issues by analyzing components towards a larger whole.
Council Member Talmage inquired of Mayor Burnett if he had a
bias; Mayor Burnett stated that he advocated for a person with a particular
approach to issues and decision-making and advocated for Steve Hillyard. Council Member Talmage stressed Steve
Hillyard’s legal training as a complementary skill to the council.
AYES:
COUNCIL MEMBERS: BEACH; HAZDOVAC; TALMAGE & BURNETT
NOES:
COUNCIL MEMBERS: NONE
ABSENT:
COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
5 comments:
This is very interesting. A shibboleth repeated over and over again during the campaign was that serving on the planning commission and comprehension of the General Plan were essential prerequisites to serving on the council. Okay. Was that claim made in good faith or was it a campaign ploy to get Jason Burnett favorites Victoria Beach and Steve Hillyard on the council to make Jason’s job easier as the infamous CRA email put it? Let’s assume they made their claim in good faith. The upcoming process of the sale of the Flanders Mansion will answer that question. Let’s assume they made their claim in good faith. Then, a majority of planning commissioners must vote “no” on the sale of Flanders Mansion because the General Plan does not support the sale of parkland and the sale conflicts with LCP goals, policies and objectives including To avoid impacts to parkland and ensure that park benefits are preserved and enhanced; City to protect, preserve and acquire parks and open spaces; City to protect and preserve park views and view sheds; City to preserve park access, the passive enjoyment of the park and optimize the use of the parks; Preserve and enhance our forest, protect, conserve and enhance the unique natural beauty and irreplaceable natural resources of Carmel.; and Preserve and protect areas within Cannel which due to their outstanding aesthetic quality, historic value, wildlife habitats or scenic view sheds should be maintained in permanent open space to enhance the quality of life. Conflicts referenced: PS-46; PS-139, PS-107, P6-8. P7-3; 05-21, 05-32, 05-41; 05-6. 05-4,05-8. OS-3, 05-13 (See General Plan/Coastal Land Use Plan). Or simply put, the planning for idiots manual says the City's General Plan/Local Coastal Plan does not support the sale of any parkland. In fact, it speaks to preservation, protection, enhancement, and purchase of parkland, not sale of parkland. Similarly, former planning commissioners Steve Hillyard, Victoria Beach and Ken Talmage must also vote “no” on the sale of Flanders Mansion. Will the three council members and former planning commissioners apply their expertise gleaned from their years on the planning commission, vote to uphold the General Plan/LCP and show their supporters they were justified in supporting them or will they support the mayor’s political agenda of selling Flanders Mansion without an attempt at consensus on all the options put forth by all the parties who have contacted the city with ideas and proposals?
Don't get your hopes up GP. Witness Paula Hazdovac's preference for Carrie Theis and Jason Burnett's preference for another planning commissioner Steve Hillyard and the enormous pressure on Paula to conform to a unanimous vote. The selection of Hillyard was a political win for the mayor. The slate won plus another team member to get the mayor's agenda's done.
Sanity and reason would dictate that these ex-planning commissioners would use their independent judgment and halt the hardline position to sell Flanders, but expecting sanity and reason to prevail on Flanders is probably to much to hope for. There will either be little to no discussion on the issue or there will be efforts at revisionist history and/or misinterpretation of the general plan and municipal code. Recall in the first lawsuit, Flanders Foundation challenged the city when the city argued the code did not apply to the city only private property owners of historic residences. The judge ruled the city was wrong and ordered the city to follow its code, but the city has shown it does not learn lessons from its past errors and mistakes.
"All the options put forth"? Would you be so kind as to list, say, the 3 most viable options for Flanders? Options that would pass an EIR, since any use at all would generate an increase in traffic, parking, water, etc. affecting the surrounding neighborhood? Options that would be fundable (realistically - not pie-in-the-sky plans for grants or multimillionaires fixing up a property they don't actually own)?
The Environmentally Superior Alternative identified in EIR documents is a long-term lease.
Option I: Curatorship. A long term lease with a Curator who pays rent in the form of services, specifically the rehabilitation and maintenance of the property, and also allows limited public use during lease period.
Frequently Asked Questions
Historic Curatorship Program
State of Massachusetts
http://www.mass.gov/dcr/stewardship/curator/hc-faq.htm
Public Benefit Activities at Curatorship Properties
http://www.mass.gov/dcr/stewardship/curator/index.htm
Option II. Lease to a single family.
Option III: Lease to a non-profit group. The City would have the most control over hours of use and duration of use to lessen the impacts to park users and neighbors.
In the context of the City’s commitment to expend millions and millions of taxpayer dollars beginning in 2004 to not only subsidize SCC to manage the Sunset Center, but pay for the maintenance and upkeep of the building and most recently commit to $100,000 in matching funds to remodel the north rooms, it is not unreasonable to expect the City Council to commit annual funds for the upkeep and maintenance of Flanders Mansion with the understanding that a non-profit group would solicit private donations to manage the property for the benefit of park users, residents, visitors and, importantly, maintain the physical integrity of Mission Trails Park.
This is a no-brainer. Jason Burnett publicized his "green" credentials of having worked at the EPA and living in a LEED residence during the campaign. To be consistent, he should adopt the green environmentally superior alternative of leasing Flanders Mansion and lose his hardline sell Flanders position. Jason knows that a man with past experience as a curator in Maryland contacted the city about a curatorship. Jason knows the Flanders Foundation has been and is interested in leasing the Flanders Mansion. Jason also knows a couple contacted the city expressing interest in a life estate and agreed to donate their entire art collection to the city at their deaths. With all these opportunities to lease Flanders Mansion, he should host a workshop on Flanders, contact the people and organizations who expressed interest earlier and have them make a presentation before the public at a council meeting, get public comments and then make a decision on leasing Flanders Mansion.
Mayor Jason Burnett can show leadership and show his campaign rhetoric was real by endorsing the "green" leasing option, having an open, transparent selection process and consensus driven decision-making resulting in a win-win-win benefit for the council, the leasee and the residents, visitors and neighbors.
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