Four Noteworthy 3 August 2010 City Council Agenda Items

ABSTRACT: Four noteworthy 3 August 2010 City Council Agenda Items, namely Public Appearances, Consideration of an encroachment permit application for the construction of a driveway at the end of Lopez Avenue and review of a geotechnical report for Second Avenue, a Resolution authorizing the City Administrator to enter into a financial assistance agreement with the State of California Water Board for the Carmel Bay Areas of Special Biological Significance (ASBS) project and Receive report and provide policy direction on options for the 2012 Municipal Election, are presented. Excerpts from Agenda Item Summaries, Resolutions and Staff Reports are presented.

AGENDA PACKET
Regular Meeting
Tuesday, August 3, 2010
4:30 p.m., Open Session

Live and Archived video streaming

City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues

VI. Public Appearances

Anyone wishing to address the City Council on matters within the jurisdiction of the City that are not on today’s agenda may do so now. Matters not appearing on the City Council’s agenda will not receive action at this meeting but may be referred to staff for a future meeting. Presentations will be limited to three (3) minutes, or as otherwise established by the City Council. Persons are not required to give their names, but it is helpful for speakers to state their names in order that the City Clerk may identify them in the minutes of the meeting. Always speak into the microphone, as the meeting is recorded. The City Council Chamber is equipped with a portable microphone for anyone unable to come to the podium. If you need assistance, please advise City Clerk Heidi Burch as to which item you wish to comment on and the microphone will be brought to you.

ADDENDUM:
Carmel residents blast settlement of sexual harassment lawsuit
Carmel councilman holds meeting about lawsuit
KEVIN HOWE Herald Staff Writer, 08/03/2010

VIII. Public Hearings

If you challenge the nature of the proposed action in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

B. Consideration of an encroachment permit application for the construction of a driveway at the end of Lopez Avenue and review of a geotechnical report for Second Avenue.

Description: The applicant is requesting permission to construct a driveway in the public right-of- way at the end of Lopez Avenue. A geotechnical report was prepared at the request of the City Council to determine the feasibility of re-opening Second Avenue.

Recommendation: Review the information and determine if Second Avenue should be re-opened.

Important Considerations: 1) Current vehicle access to the subject property is provided by a dirt driveway on Second Avenue. As developed, this driveway does not provide adequate vehicle access to the property. The applicant is proposing to construct a driveway at the end of Lopez Avenue to provide vehicle access to the property. 2) The geotechnical study indicates that the closed portion of Second Avenue is unstable, with an estimated cost of $300,000 to $500,000 to repair. The geotechnical engineer has indicated that a larger section of Second Avenue also may be unstable.

Decision Record: The Planning Commission reviewed this project on 14 July 2010 and unanimously recommended that the City Council approve a driveway at the end of Lopez Avenue, on the east side of the street.

STAFF REPORT
BACKGROUND/PROJECT DESCRIPTION:
The subject property is a 7,908-square-foot parcel of land located at the southeast corner of the Lopez and Second Avenues, across the street from Pescadero Canyon. The lot is developed with a one-story home along the hillside. Vehicle access to the property is limited due to the slope of the driveway and condition of Second Avenue.

In July 2009, the applicant submitted a Design Study application to construct a driveway at the end of Lopez Avenue. The driveway would provide vehicle access near the southwest corner of the property, as opposed to the north end off of Second Avenue. The Design Review Board reviewed the proposal and forwarded it to the City Council for a final decision. The DRB recommended that the City Council approve the driveway with special conditions.

At its 1 September 2009 meeting, the City Council reviewed the proposal and requested the following additional information before making a decision:
• That the proposed driveway be staked with story poles.
• That the City Forester re-evaluate the two significant trees on Second Avenue which prohibit paving or grading of the existing dirt driveway.
• That the City Engineer review the proposal for a driveway at the end of Lopez Avenue.
• Provide information on public utilities within the vicinity.
• Provide a plan for the proposed new residence.

At its September 1 hearing, the City Council also expressed an interest in re-opening Second Avenue as a potential solution to the driveway situation. The ability to approach the driveway from a westbound direction would significantly improve the use of the existing driveway.

Questions were also raised about the necessity of Second Avenue as an emergency access road. The portion of Second Avenue that is closed is approximately 200 feet long and is located on the hillside between North Casanova Street and Lopez Avenue. The road was closed as a result of distress following heavy storms in 1998.

On 9 October 2009, the Council commissioned a geotechnical study to investigate reopening Second Avenue. The geotechnical report provides an evaluation of the hillside stability and recommendations regarding the re-opening of Second Avenue.

Since the September 1 Council hearing, more information has been obtained and the applicant is now proposing a second option for placing a driveway at the end of Lopez Avenue. On 14 July 2010, this project was reviewed by the Planning Commission to review new information and evaluate the new driveway proposal. The Planning Commission has reviewed the proposal and made recommendations to the City Council, which are summarized at the end of this staff report.

EVALUATION:
The purpose of this hearing to is to 1) review the geotechnical report; and 2) evaluate all options of providing a functional driveway to the subject property, including the possibility of re-opening Second Avenue. Staff will begin by providing a summary of the geotechnical report and issues related to re-opening Second Avenue.

Second Avenue Geotechnical Report: Subsurface conditions were explored by drilling a total of seven exploratory borings to depths of up to 21.5 feet. Soil samples were analyzed to evaluate stability. The analysis indicates that the subject road is both statically and seismically unstable. The road will continue to fail over time and will incur additional distress as a result of seismic events. In order to re-open the road to traffic, the engineer recommends that a retaining wall be constructed to support the outboard edge of the road. The estimated cost is between $300,000 and $500,000.

Emergency Access: The geotechnical engineer has indicated that the subject road has the stability to support the weight of emergency vehicles in the case of an emergency. Staff met with members of the Carmel Fire Department to discuss the use of Second Avenue as an emergency access road. The Fire Department likely would use Second Avenue as a secondary option in the event of a structure fire. The Fire Department would also use Second Avenue in the case of a vegetation fire or rescue operation. Public Input for Second Avenue: A Carmel resident submitted a letter in opposition to the re-opening of Second Avenue. The resident is concerned that re-opening Second Avenue will adversely impact the character of the neighborhood by increasing traffic and noise. The letter also raises concerns about pedestrian safety since Second Avenue is currently used as a pedestrian pathway. A petition was submitted with numerous signatures from Carmel residents who have read the letter and are opposed to re-opening
Second Avenue. A copy of the letter and petition are included for Council review.

Encroachment Permit: Encroachment permits are required any time a private property owner proposes to construct improvements in the City’s public right-of-way. Minor encroachment permits can be approved at the staff level by the City Administrator. More significant encroachment permits typically are forwarded for City Council review.

Options for the Driveway: Staff will present four options to the City Council referenced as options A, B, C and D. Option “A” is the original proposal, which places the driveway on the west side of Lopez Avenue. Option “B” is a new proposal, which places the driveway on the east side of Lopez Avenue. Staff will also present an option of paving the existing driveway without re-opening Second Avenue (Option “C”) and the option of re-opening Second Avenue to improve the use of the existing driveway (Option “D”).

Option “B” Driveway on East Side of Lopez Avenue: Option “B” places the driveway on the east side of Lopez Avenue and covers an area of approximately 404 square feet in the public right-of-way. The proposed driveway is 28 feet long with an outer wall that is eight to nine feet tall. The driveway has a slope of approximately 12-13% and also serves as a walkway. The proposed driveway requires the removal of three non-significant trees located on the property. No trees would be removed from the public right-of way.

City Engineer’s Review: The City Engineer has reviewed both proposals and made the following recommendations:
• Both a soils report and engineering study should be required for both proposals.
• Evaluate drainage and provide erosion control measures to handle the drainage from the street.
• Verify that the turning radius is sufficient for larger vehicles.
• Recommends that a guard rail be installed at the outer radius of the turn.

Public Utilities: There is a water main that runs under the area of the proposed driveway. Should a driveway be approved at this location, the applicant and staff will need to work with Cal-Am Water on this issue. It is the applicant’s responsibility to pay for re-routing the water main if needed. Gas, sewer and electric utilities will not be impacted by either of the proposed driveways.

Public Input for Lopez Driveways: The applicant has submitted a petition with more than 100 signatures from Carmel residents living in the vicinity of the project who support a driveway at the end of Lopez. Several opposition letters were also submitted by residents who live at the north end of Lopez, near the proposed driveway. The residents who live at the end of Lopez Avenue are concerned with increased congestion and safety issues associated with a new driveway at this location. Both the petition and letters are provided as attachments.

Staff has visited the site with a member of the Police Department to evaluate potential safety issues created by either of the proposed driveways. The officer did not identify any significant safety issues that would be created by either driveway.

Option “D” Re-open Second Avenue and Pave Existing Driveway: At its September 1 hearing, the City Council expressed interest in re-opening Second Avenue as a potential solution to the driveway situation. Re-opening Second Avenue would allow the applicant to pave and use the existing dirt driveway without having to grade the hillside. The Council also had concerns about the necessity of opening Second Avenue as an emergency access road. As previously mentioned, the geotechnical study indicated that it would probably cost between $300,000 and $500,000 to re-open Second Avenue. This estimate only includes stabilizing the 200-foot stretch of road that is closed. It appears that opening Second Avenue is not a viable option.

Planning Commission Recommendation: The Planning Commission unanimously recommends that the City Council approve Option “B.” The primary reason for supporting a driveway at the end of Lopez Avenue, as opposed to maintaining the driveway at its existing location, is concern over the long-term stability of Second Avenue. The Commission raised the issue that approving a driveway on Second Avenue could potentially commit the City to future repairs and maintenance of this road for the benefit of only one property owner.

The Commission recommended that the driveway incorporate a natural stone veneer and that landscaping be provided to soften the mass of the structure. It also recommended that the property owner provide two parking spaces to take cars off of Lopez Avenue.

STAFF RECOMMENDATION:
Review the information and determine the appropriate action.

X. Resolutions

A. Consideration of a Resolution authorizing the City Administrator to enter into a financial assistance agreement with the State of California Water Board for the Carmel Bay Areas of Special Biological Significance (ASBS) project.

Description: The State Water Resources Control Board has determined that the City of Carmel-by-the-Sea is eligible to receive funds from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) Clean Beaches Program for its storm water program. The grant cannot be fully executed until a Resolution has been adopted. This resolution authorizes the City Administrator to enter into a financial assistance agreement with the State Water Board.

Overall Cost:
City Funds: $125,000 City match
Grant Funds: $2.5 million

Staff Recommendation: Adopt the Resolution.

Important Considerations: The grant cannot be fully executed until a Resolution is adopted by Council.

Decision Record: Resolution 2008-42 (July 1, 2008), authorizing the submittal of a $2.5 million grant application to the State Water Resources Board for projects associated with storm water runoff.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO A FINANCIAL ASSISTANCE AGREEMENT WITH THE STATE OF CALIFORNIA WATER BOARD FOR THE CARMEL BAY AREAS OF SPECIAL BIOLOGICAL SIGNIFICANCE PROJECT

WHEREAS, the State Water Resources Control Board (State Water Board) has
determined that the City of Carmel-by-the-Sea is eligible to receive funds from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) Clean Beaches Program; and

WHEREAS, the City of Carmel-by-the-Sea will use these funds for eligible project costs of the Carmel Bay Areas of Special Biological Significance (ASBS) Project, which is designed to comply with the discharge prohibition into Areas of Special Biological Significance contained in the California Ocean Plan eligible project costs; and

WHEREAS, the City of Carmel-by-the-Sea is authorized to enter into a financial assistance agreement with the State of California and the State Water Board.

XI. Orders of Council
A. Receive report and provide policy direction on options for the 2012 Municipal Election.

Description: Staff is requesting direction regarding whether the City should continue to conduct a standalone election for the mayoral and council seats in April or consolidate with the County’s November election.

Overall Cost:
City Funds:
Grant Funds: N/A

Staff Recommendation: Provide staff direction.

Important Considerations:

Decision Record: None.

STAFF REPORT

ANTICIPATED COSTS
November consolidated election – County estimate $12-$17,000*

Traditional April election –County estimate $50,679

Traditional April election – Martin & Chapman estimate $23,000
• The City was charged $16,340 by the County for the election in November 2009.

SUMMARY
Contracting with the Monterey County Registrar’s office for election services for an April election is no longer a viable alternative. Staff requests Council direction to continue contracting with Martin & Chapman for its April election or to take measures to move the election to November and consolidate with the County and other agencies.