Sunday, July 12, 2020

MINUTES TIMETABLE: City Council’s Regular and Special Meetings, Closed Sessions, Announcements Regarding FLANDERS MANSION RESIDENT CURATORSHIP PROPOSALS

ABSTRACT:  Over a twenty-nine month period, between January 9, 2018 and May 5, 2020, City Council Minutes indicate seventeen (17) city council agenda items regarding the Flanders Mansion Resident Curatorship, on the following dates, as follows:
January 9, 2018 REGULAR MEETING
August 7, 2018 REGULAR MEETING
September 11, 2018 REGULAR MEETING
February 4, 2019 SPECIAL MEETING & CLOSED SESSION
April 1, 2019 SPECIAL MEETING
April 2, 2019 REGULAR MEETING
September 9, 2019 SPECIAL MEETING
October 7, 2019 SPECIAL MEETING
November 4, 2019 SPECIAL MEETING
December 2, 2019 SPECIAL MEETING
January 6, 2020 SPECIAL MEETING
February 3, 2020 REGULAR MEETING
February 4, 2020 SPECIAL MEETING
March 2, 2020 SPECIAL MEETING
May 4, 2020 SPECIAL MEETING
May 5, 2020 REGULAR MEETING
With regard to the FLANDERS MANSION RESIDENT CURATORSHIP PROPOSALS, by the deadline of December 12, 2018, the City had received eight (8) proposals (one proposal was subsequently withdrawn, according to City Clerk Britt Avrit), including FLANDERS MANSION RESIDENT CURATORSHIP PROPOSALS from the following individuals:
Les and Trish Albiol
Joseph G. Headley, Lisa L. Headley, Grant L. Headley and Jake T. Headley
Laura A. Bowling
Michael & Brittney Buffo
Raquel M. Carter
William J. Gordon
Jennifer Blevins and Martin Watson
MINUTES TIMETABLE is presented.
The City’s deadline for receipt of Proposals for Flanders Mansion Resident Curatorship was December 12, 2018 by 5:00 PM PST.  The City received eight proposals (one proposal was subsequently withdrawn, according to City Clerk Britt Avrit).
At the CITY COUNCIL SPECIAL MEETING, February 4, 2019, the City Council unanimously approved Resolution No. 2019-018, Appointing Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8;
Property: 25800 Hatton Road;
Agency Negotiators: Sharon Friedrichsen and Robert Harary;
Negotiating Parties: Prospective Residential Curators 1 through 8.
Under Negotiation: Terms and Conditions for New (Residential Curatorship) Lease
At the CITY COUNCIL REGULAR MEETING, April 2, 2019, Acting City Attorney Jon Giffen announced that Council interviewed two applicants and provided staff with direction to eliminate applicants 3 through 8, and that there was nothing new to report.
At the CITY COUNCIL REGULAR MEETING, May 5, 2020, during ANNOUNCEMENTS, Item B: City Attorney Announcements/ Closed Session Oral Report in accordance with GC § 54957.1(a) The City Attorney stated the City Council met in Closed Session on May 4, 2020 and discussed the matters listed on the agenda. The City Attorney stated, with regard to Item C, Conference with Real Property Negotiators (§ 54956.8) Property: 25800 Hatton Road. Agency Negotiators: Director of Contracts & Budgets Sharon Friedrichsen, and Director of Public Works Robert Harary. Negotiating Parties: Les Albiol and Patricia Albiol. Under Negotiation: Terms and Conditions for New (Residential Curatorship) Lease; the City will be discontinuing negotiations with the parties at this time, at their request, and will evaluate available options with regard to Flanders Mansion as time permits; no other reportable action.


MINUTES
PROPOSALS FOR FLANDERS MANSION RESIDENT CURATORSHIP


MINUTES
REGULAR MEETING
CARMEL-BY-THE-SEA
Tuesday, January 9, 2018

Item 13. Receive a presentation regarding possible options for the use of the Flanders mansion and provide direction to staff.

Director of Budgets and Contracts Sharon Friedrichsen presented the staff report.

SPEAKING FROM THE FLOOR:
Skip Lloyd, President of Friends of Mission Trail Nature Preserve

For the record, Mayor Dallas stated that in addition to Mr. Lloyd’s letter, Neils Reimers, and Barbara Livingston also wrote letters to Council via email, which Councilmembers possess.

Barbara Moseley read a letter from Barbara Livingston, endorsing a curatorship option.

Les Albiol endorsed a curatorship option.

Bertie Bialek Elliott endorsed a curatorship option

Sue McCloud spoke about the different options proposed.

Melanie Billig, President of the Flanders Foundation, thanked Council for their past funding and requested consultation going forward concerning the historicity going forward.

Mike Brown endorsed a curatorship option.

Council questions and discussion followed.

Staff responded to Council questions.

Action: Mayor Dallas moved, seconded by Councilmember Reimers, to explore both an RFP for a curatorship and a ground lease option as well.

AYES: Richards, Reimers, Dallas
NOES: Theis, Hardy
ABSTAIN:


MINUTES
REGULAR MEETING
Tuesday, August 7, 2018

ORDERS OF BUSINESS
Item 2: Update on History of Legal Proceedings and Council Decisions Regarding the Flanders Mansion Property.

Assistant City Attorney Jon Giffen presented his report providing a brief overview of the Flanders Mansion legal history. Ultimately, in 2012, the City decided on thee options: 1.) Sale of the mansion; 2.) Lease of the mansion; and 3.) Enter into an agreement for a curator to live and work at the mansion. The City decided to lease the mansion in 2012, but a potential Lessee never came forward. The EIR prepared by Denise Duffy is now 5-6 years old, and would be applicable to a sale of the property, but not a lease. An EIR also would not be necessary to a curatorship because it would not involve a transfer of the title.

Mayor Dallas opened the Public Hearing at 6:42 p.m.

Les Albiol said he has researched the mansion back to 1970. One Council wanted to sell it, another wanted to turn it into a business like a cooking school, but there were issues with parking. He said he believes this council is at a particular unique position to go forward with a curatorship, and he asked the Council to please consider this course of action.

Skip Lloyd said he was happy to see this on the agenda because the mansion is an integral part of the Mission Trail Nature Preserve. He believes a fresh look at the EIR will probably be necessary because it is not an open and shut case.

Gene Hughes said Flanders is a unique asset and if a way can be found to preserve both the mansion and the park, then that would help in managing both in a holistic fashion. He favors a curatorship.

Karen Ferlito lives across the canyon from the mansion. She said the park is just beginning to come into its own, and urged Council not to create a holding within the park. Most land trusts buy them up because there is always a conflict. A curatorship would definitely be the best way to move forward.

Richard Kreitman reminded Council about the election of 2009 when 66% of the population voted against retaining ownership of the mansion. He doesn’t see the mansion as an asset, and admires the Council for being willing to take it on again.

Mary Ponder urged the Council to move forward with the curatorship, and to post the availability quickly. Perhaps a special meeting in October could be arranged, and the mansion would provide housing for a single family with no cost to the city for restoration. The time for action is now.

Barbara Livingston said this Council could distinguish itself in finding a solution to the mansion issue. She prefers the curatorship option, and said it would make state history. It’s done widely on the East Coast, but not so much here on the West Coast.

Trish Albiol spoke in favor of curatorship.

Birdie Bialek Elliott said the idea of curatorship is exciting, and thinks it would be a welcome addition to the neighborhood.

Mike Brown also supports a curatorship, and suggested thirty days for proposals.

Melanie Billig said the Flanders Foundation Board feels strongly about the need for an RFP process, which could be done quickly.

Mayor Dallas closed the Public Hearing at 7:00 p.m.

After discussion from members of the City Council, and after Mr. Rerig said this was for direction only from the Council, discussion on this item ended at 7:16 p.m. with a general sense that a curatorship is an attractive option, that the current bar for proposals was set too high, and that a sale of the house should still be looked into to exhaust all possibilities.


REGULAR MEETING MINUTES
Tuesday, September 11, 2018

ORDERS OF BUSINESS
Item 4: Receive an Update on the Residential Curator and Ground Lease Options Regarding the Use of the Flanders Mansion, Provide Direction to Staff on these Options and Consider the Adoption of Resolution 2018-089, Endorsing a Long-Term Curatorship for the Flanders Mansion.

Director of Contracts and Budgets Friedrichsen gave the staff report.

Mayor Dallas opened the Public Hearing at 6:01 p.m.

Lauren Banner – spoke in favor of a curatorship
Skip Lloyd - spoke in favor of a curatorship
Mike Brown - spoke in favor of a curatorship
Melanie Billig - spoke in favor of a curatorship
Barbara Livingston - spoke in favor of a curatorship
Sue McCloud – Asked that a decision be postponed until additional information could be received.
Bertie Bialek Elliot - spoke in favor of a curatorship

Councilmember Reimers said she is not opposed to a curatorship, but is concerned about costs. A curator will have a need for privacy. She sees Mr. Lloyd’s letter as a challenge for curators living in the house.

Councilmember Richards asked for clarification about the escrow account.

Mr. Rerig said the intention is to set it up like a performance bond. The decision
about the amount of it is up to council.

Councilmember Hardy said she asked for an update on Flanders when she was appointed to council two years ago, and that she commends Ms. Friedrichsen for the thorough staff report. She is in favor of a curatorship, but is concerned about the minimal annual investment, which she thinks is low. She also believes the submittal deadline is tight, and that eight weeks seems better. She suggested frontloading the escrow account, but was unsure of how much would be needed.

Mayor Dallas agreed that the escrow account should be frontloaded, at least for the first five years. Inspecting the house once per year seems in order, and he thinks six weeks is plenty of time for submittals.

Mayor pro tem Theis said she is also pro the curatorship option. It is a way to improve the property and respect its historical nature. The EIR outlines the Conditions to take, and 60,000-75,000 per year in rent seems right, although the annual fee for restoration needs to be higher. She thinks eight weeks is good for submittals, and that the post of curator should be widely advertised.

Councilmember Reimers reiterated that she has basic concerns. She wants people to enjoy a private home for private reasons. The driveway should be their driveway, the porch should be theirs, too.

Councilmember Richards agreed with Ms. Theis, except for casting a wide


December 12, 2018: Deadline for City receipt of “Proposals for Flanders Mansion Resident Curatorship”
REQUEST FOR PROPOSALS
RESIDENT CURATORSHIP
FLANDERS MANSION
CITY OF CARMEL-BY-THE-SEA

All proposals must be in a sealed envelope and clearly marked “Proposal for Flanders Mansion Resident Curatorship” and must be received by the City by 5:00 PM PST on Wednesday, December 12, 2018.

PROPOSAL FOR FLANDERS MANSION RESIDENT CURATORSHIP
Submitted to City of Carmel-by-the-Sea
By Les and Trish Albiol
12 Dec 2018

A Team of Curators
.................. Tools at the ready .............
Joe Jake Lisa Grant
The Headleys'
Joseph G. Headley

Proposal for Resident Curatorship at Flanders Mansion
Laura A. Bowling – Branding, Design, Conservation Executive and Experienced Curator
OUTLANDS
Flanders Mansion & Mission Trail – A Conservation Crown Jewel for Carmel-by-the-Sea

LETTER OF INTEREST AND PROPOSAL IN RESPONSE TO REQUEST FOR PROPOSALS FOR RESIDENT CURATORSHIP OF FLANDERS MANSION
From the Office of Michael Buffo
Advocate for the Restoration of the Flanders Mansion
Mike & Brittney Buffo

Proposal for Flanders Mansion Resident Curatorship
RAQUEL M. CARTER

FLANDERS MANSION
CARMEL-BY-THE-SEA, CALIFORNIA
RESIDENTIAL CURATORSHIP PROPOSAL
PRESENTED BY
WILLIAM  J. GORDON
DBA
OUTLANDS 80, LLC
DECEMBER 12, 2018

Proposal for consideration for the Curatorship position for the Flanders Mansion
Jennifer Blevins
Martin Watson


MINUTES
CITY COUNCIL SPECIAL MEETING
Monday, February 4, 2019

ORDERS OF BUSINESS
Item 1: Resolution No. 2019-018, Appointing Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8;
Property: 25800 Hatton Road;
Agency Negotiators: Sharon Friedrichsen and Robert Harary;
Negotiating Parties: Prospective Residential Curators 1 through 8.
Under Negotiation: Terms and Conditions for New (Residential Curatorship) Lease

City Administrator Chip Rerig presented this item.

Public Comment
The following members of the public spoke on this item:
- Skip Lloyd
- Sue McCloud
- Mike Brown

---End Public Comment---

ACTION: Council approved Item 1. by the following vote:
AYES: BARON, REIMERS, RICHARDS, THEIS, POTTER

CLOSED SESSION
 Item D: Conference with Real Property Negotiator (§ 54956.8)
Property: 25800 Hatton Road
Agency Negotiators: Director of Contracts & Budgets Sharon Friedrichsen, and Director of Public Works Robert Harary.
Negotiating Parties: Prospective Residential Curators 1 through 8.
Under Negotiation: Terms and Conditions for New (Residential Curatorship) Lease


MINUTES
CITY COUNCIL SPECIAL MEETING
Monday, April 1, 2019

CLOSED SESSION
Item C: Conference with Real Property Negotiator (§ 54956.8)
Property: 25800 Hatton Road
Agency Negotiators: Director of Contracts & Budgets Sharon Friedrichsen, and Director of Public Works Robert Harary.
Negotiating Parties: Prospective Residential Curators 1 through 8.
Under Negotiation: Terms and Conditions for New (Residential Curatorship) Lease


MINUTES
REGULAR MEETING
Tuesday, April 2, 2019
CLOSED SESSION
Acting City Attorney Jon Giffen announced the Closed Session items heard by
Council on April 1, 2019

Item C: Conference with Real Property Negotiator (§ 54956.8)
Property: 25800 Hatton Road
Agency Negotiators: Director of Contracts & Budgets Sharon Friedrichsen, and Director of Public Works Robert Harary.
Negotiating Parties: Prospective Residential Curators 1 through 8.
Under Negotiation: Terms and Conditions for New (Residential
Curatorship) Lease
Acting City Attorney Jon Giffen announced that Council interviewed two applicants and provided staff with direction to eliminate applicants 3 through 8, and that there was nothing new to report.


MINUTES
CITY COUNCIL SPECIAL MEETING
Monday, September 9, 2019

CLOSED SESSION
 Item G: Conference with Real Property Negotiators (§ 54956.8).
Property: 25800 Hatton Road.
Agency Negotiators: Director of Contracts & Budgets Sharon Friedrichsen, and Director of Public Works Robert Harary.
Negotiating Parties: Prospective Residential Curators 1 and 2.
Under Negotiation: Terms and Conditions for New (Residential Curatorship) Lease


MINUTES
CITY COUNCIL SPECIAL MEETING
Monday, October 7, 2019

CLOSED SESSION
Item C: Conference with Real Property Negotiators (§ 54956.8).
Property: 25800 Hatton Road.
Agency Negotiators: Director of Contracts & Budgets Sharon Friedrichsen, and Director of Public Works Robert Harary.
Negotiating Parties: Prospective Residential Curators 1 and 2.
Under Negotiation: Terms and Conditions for New(Residential Curatorship) Lease


MINUTES
CITY COUNCIL SPECIAL MEETING
Monday, November 4, 2019

CLOSED SESSION
Item C: Conference with Real Property Negotiators (§ 54956.8).
Property: 25800 Hatton Road.
Agency Negotiators: Director of Contracts & Budgets Sharon Friedrichsen, and Director of Public Works Robert Harary.
Negotiating Parties: Prospective Residential Curators 1 and 2.
Under Negotiation: Terms and Conditions for New Residential Curatorship) Lease


MINUTES
CITY COUNCIL SPECIAL MEETING
Monday, December 2, 2019

CLOSED SESSION
Item C: Conference with Real Property Negotiators (§ 54956.8).
Property: 25800 Hatton Road.
Agency Negotiators: Director of Contracts & Budgets Sharon Friedrichsen,
and Director of Public Works Robert Harary.
Negotiating Parties: Les Albiol and Patricia Albiol.
Under Negotiation: Terms and Conditions for New (Residential Curatorship) Lease


MINUTES
CITY COUNCIL SPECIAL MEETING
Monday, January 6, 2020

CLOSED SESSION
Item C: Conference with Real Property Negotiators (§ 54956.8).
Property: 25800 Hatton Road.
Agency Negotiators: Director of Contracts & Budgets Sharon Friedrichsen, and Director of Public Works Robert Harary.
Negotiating Parties: Les Albiol and Patricia Albiol.
Under Negotiation: Terms and Conditions for New (Residential Curatorship) Lease


MINUTES
CITY COUNCIL SPECIAL MEETING
Monday, February 3, 2020

CLOSED SESSION
Item C: Conference with Real Property Negotiators (§ 54956.8).
Property: 25800 Hatton Road.
Agency Negotiators: Director of Contracts & Budgets Sharon Friedrichsen, and Director of Public Works Robert Harary.
Negotiating Parties: Les Albiol and Patricia Albiol.
Under Negotiation: Terms and Conditions for New (ResidentialCuratorship) Lease


MINUTES
REGULAR MEETING
Tuesday, February 4, 2020

City Attorney Pierik read the three items from the Monday, February 3, 2020 Closed Session:

C. Conference with Real Property Negotiators (§54956.8).
Property: 25800 Hatton Road.
Agency Negotiators: Director of Contracts & Budgets Sharon Friedrichsen, and Director of Public Works Robert Harary.
Negotiating Parties: Les Albiol and Patricia Albiol.
Under Negotiation: Terms and Conditions for new (ResidentialCuratorship) Lease

There was no reportable action.

MINUTES
CITY COUNCIL SPECIAL MEETING
Monday, March 2, 2020
CLOSED SESSION
Item B: Conference with Real Property Negotiators (§ 54956.8).
Property: 25800 Hatton Road. Agency Negotiators: Director of Contracts & Budgets Sharon Friedrichsen, and Director of Public Works Robert Harary. Negotiating Parties: Les Albiol and Patricia Albiol.
Under Negotiation: Terms and Conditions for New (Residential Curatorship) Lease

MINUTES
CITY COUNCIL SPECIAL MEETING
Monday, May 4, 2020

CLOSED SESSION
Item C: Conference with Real Property Negotiators (§54956.8).
Property: 25800 Hatton Road.
Agency Negotiators: Director of Contracts & Budgets Sharon Friedrichsen, and Director of
Public Works Robert Harary.
Negotiating Parties: Les Albiol and Patricia Albiol.
Under Negotiation: Terms and Conditions for New (Residential Curatorship) Lease


MINUTES
REGULAR MEETING
Tuesday, May 5, 2020

ANNOUNCEMENTS
Item B: City Attorney Announcements/ Closed Session Oral Report in accordance with GC § 54957.1(a) The City Attorney stated the City Council met in Closed Session on May 4, 2020 and discussed the matters listed on the agenda. The City Attorney stated, with regard to Item C, Conference with Real Property Negotiators (§ 54956.8) Property: 25800 Hatton Road. Agency Negotiators: Director of Contracts & Budgets Sharon Friedrichsen, and Director of Public Works Robert Harary. Negotiating Parties: Les Albiol and Patricia Albiol. Under Negotiation: Terms and Conditions for New (Residential Curatorship) Lease; the City will be discontinuing negotiations with the parties at this time, at their request, and will evaluate available options with regard to Flanders Mansion as time permits; no other reportable action.

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