Seven Noteworthy 7 February 2012 City Council Agenda Items

ABSTRACT: Seven Noteworthy 7 February 2012 City Council Agenda Items, namely Announcements from Closed Session; Receive Mayor's Annual Report; a Resolution accepting a grant from the California Coastal Conservancy in the amount of $250,000 to implement the Del Mar Master Plan and to authorize the City Administrator or his designee to execute the agreement and any other grant-related documents or amendments; an Appeal of the Planning Commission's decision to approve a project with special conditions for the demolition of an existing residence located on Monte Verde, 2 N/E of Third Avenue. The appellant is Claudio Ortiz Design Group, on behalf of owner Plum Holdings, LLC.; a Resolution appointing the Mayor and a designated Councilmember to represent the City on the Monterey Peninsula Regional Water Authority; Adopt updated Harassment Prevention Policy; Approve amendments to the contracts with the Board of Administration of the Public Employees' Retirement System and the City Council as follows: 1) A Resolution of Intent and first reading of an Ordinance amending provisions of Municipal Code Section 2.56 (Retirement System) establishing a 2% at 60, FAS Retirement Plan for Miscellaneous Employees hired on or after April 15, 2012. 2) A Resolution of Intent and first reading of an Ordinance amending provisions of Municipal Code Section 2.56 (Retirement System) Establishing a 2% at 50, FAS Retirement Plan for Safety Employees hired by the City of Carmel-by-the-Sea on or after April l5, 2012; are presented. Excerpts of Agenda Item Summaries, Staff Reports, et cetera are reproduced; and the letter from appellant Claudio Ortiz Design Group, on behalf of owner Plum Holdings, LLC., the City’s HARASSMENT PREVENTION POLICY and Resolution of Intent to Adopt an Ordinance on March 6, 2012 amending the CalPERS Contract documents are embedded.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA PACKET
Regular Meeting
Tuesday, February 7, 2011
4:30 p.m., Open Session

Live & Archived Video Streaming

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

II. Roll Call

V. Announcements from Closed Session, from City Council Members and the City Administrator.

A. Announcements from Closed Session.

1. 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 labor negotiations with the various bargaining units.

2. Existing Litigation -- Government Code Section 54956.9(a) - Conference with legal counsel regarding The Flanders Foundation, a California Nonprofit Public Benefit Corporation, Petitioner v. City of Carmel-by-the-Sea, Respondents – Monterey County Superior Court Case No. M99437/State of California Court of Appeals, Sixth District, Civil Case No. H035818.

B. Announcements from City Council members (Council members may ask
a question for clarification, make a brief announcement or report on his or
her activities).

1. Receive Mayor's Annual Report.

VII. Consent Calendar
These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.

C. Consideration of a Resolution accepting a grant from the California
Coastal Conservancy in the amount of $250,000 to implement the Del Mar
Master Plan and to authorize the City Administrator or his designee to
execute the agreement and any other grant-related documents or amendments.

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.

A. Consideration of an appeal of the Planning Commission's decision to approve a project with special conditions for the demolition of an existing residence located on Monte Verde, 2 N/E of Third Avenue. The appellant is Claudio Ortiz Design Group, on behalf of owner Plum Holdings, LLC.

Description: The Planning Commission approved the project with 10 special conditions. The appellant is requesting that three of the special conditions for the project approval be removed. The project is located on Monte Verde 3 NE of Third A venue (Block 31 Lot 14).

Staff Recommendation: Grant the appeal but revise the special conditions.

Important Considerations: The Planning Commission is the decision making body for Track Two Design Review project. CMC Section 17.54.040.C indicates that Commission decisions can be appealed to the City Council. Council Member Burnett lives within 500 feet of this property, so must recuse himself from considering this appeal.

Decision Record: On January 11, 2012 the Planning Commission unanimously approved this project with special conditions.

BACKGROUND & PROJECT DESCRIPTION
This site is located on Monte Verde Street three northeast of Third Avenue and is developed with a one-story residence, a detached garage and a subordinate unit. The subject property slopes from east to west at approximately 23%. The property contains 12 trees, six of which are significant.

The applicant is proposing to construct a new two-story residence with a guesthouse. The proposed residence has three levels, but is designed so that no portion of the building qualifies as three stories. The residence includes a 1,341 square foot main (upper) floor, a 1,088-square-foot middle floor (367 sq. ft. devoted to guesthouse) and a 670 square foot basement that includes a garage with tandem parking.

The Planning Commission reviewed this project on three separate hearings and on January 11, 2012 unanimously approved the project with ten special conditions (see attachment “A”). The property owner is appealing three of these conditions.

APPEAL
The property owner’s representative filed an appeal on January 11, 2012. The property owner is only appealing special conditions 5, 6 and 10. The appellant has provided a letter outlining the basis for the appeal (see attachment “B”).

Special Condition #5: The applicant is only permitted to install retaining walls for the driveway and rear patio. The driveway retaining walls shall taper down to the ground as they approach the street.

Special Condition #6: The applicant shall reduce the ridge height by two feet while maintaining the 6:12 roof pitch.

Special Condition #10: Any external changes to the project shall be brought before the Planning Commission for review.

RECOMMENDATION
Grant the appeal but revise Special Conditions 5, 6 and 10 as follows:

5. The applicant is only permitted to install retaining walls for the driveway, and rear patio, and south of the driveway to replace the existing retaining wall in roughly the same location. The driveway retaining walls shall taper down to the ground as they approach the street. The final landscape plan shall include plantings that will screen the retaining wall running south from the driveway to the extent possible and no new paving shall be added between the street edge and the wall.

6. The applicant shall reduce the ridge height by two feet one foot (1’) .

10. The applicant shall submit in writing any proposed changes to the project plans as approved by the Planning Commission on 11 January 2012 and revised by the City Council on 7 February 2012, prior to incorporating changes on the site. If the applicant changes the project without first obtaining approval, the applicant will be required to either: a) Submit the change in writing and cease all work on the project until either the Planning Commission or staff has approved the change; or b) Eliminate the change and submit the proposed change in writing for review. The project will be reviewed for its compliance to the approved plans prior to final inspection approval.”

Attachment "A" Special Conditions
1. The applicant shall plant one upper-canopy tree of substantial size and caliber and of a species approved by the City Forester. The tree shall be planted onsite located approximately 10 feet from any building and shown on the final landscape plan submitted with the building permit application.
2. The guesthouse shall not be used as a subordinate unit or permanent living facility.
3. The applicant shall obtain an encroachment permit for all encroachments into the right of way prior to the issuance of a building permit.
4. The walkway opening on the lower floor shall remain unenclosed.
5. The applicant is only permitted to install retaining walls for the driveway and rear patio. The driveway retaining walls shall taper down to the ground as they approach the street.
6. The applicant shall reduce the ridge height by two feet while maintaining the 6:12 roof pitch.
7. The applicant shall revise the front entry stairs so that they follow the natural grade.
8. The applicant shall eliminate the front portion of the crawlspace that extends beyond the footprint of the house.
9. The soil on the green roof above the garage shall be sloped and not terraced as shown on the plans.
10. Any external changes to the project shall be brought before the Planning Commission for review.

Appellant Plum Holdings LLC Ortiz Letter

Claudio Ortiz, Principal, Claudio Ortiz Design Group, Inc. (CODG) Plum Holdings, LLC Appellant Letter

X. Resolutions

B. Consideration of a Resolution appointing the Mayor and a designated
Councilmember to represent the City on the Monterey Peninsula Regional
Water Authority.

Description: The mayors of the six Peninsula cities (Carmel, Monterey, Pacific Grove, Seaside, Sand City, and Del Rey Oaks) determined that it is in their best interest to form a Joint Powers Authority (JPA) to provide a diverse array of options to undertake actions with regard to development of the Regional Project or one or more alternative water supply projects to offset the water supply restrictions. The Authority will provide a public forum to deliberate and participate in the governance of such water supply projects that includes representation directly accountable to the customers served by California-American Water (Cal Am). The Carmel-by-the-Sea City Council approved participating in the JPA on January 10, 2012, and the other five cities have subsequently done so.

Each city will appoint a director and an alternate director from its elected body to serve as a member of the Authority.

Fiscal Impact: N/ A

Staff Recommendation: Adopt the Resolution appointing the Mayor to be the City's director and a Councilmember to be the alternate director to the Monterey Peninsula Regional Water Authority.

Decision Record: City Council approved Resolution 2012-4 (January 10, 2012) approving the City's participation in the six-city Monterey Peninsula Regional Water Authority.

XI. Orders of Council

C. Adopt updated Harassment Prevention Policy.

Description: At the direction of Council, City Attorney Don Freeman has prepared an updated draft of the City's Harassment Prevention Policy. The draft was circulated to the employee unions and at-will employees for their comments. The comments were compiled by the City Administrator.

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

Staff Recommendation: Adopt the updated Harassment Prevention Policy.

Important Considerations: None.

Decision Record: At the May 3, 2011 City Council meeting, City Attorney Don Freeman recommended that Council table consideration of an updated harassment policy until Fall 2011. City Council unanimously voted to retain the existing harassment prevention policy and requested the City Attorney and City Administrator determine how the existing policy has been working in practice.

CITY HARASSMENT PREVENTION POLICY Feb 2012

CITY HARASSMENT PREVENTION POLICY (February 2012)

E. Approve amendments to the contracts with the Board of Administration of the Public Employees' Retirement System and the City Council as follows:

1) A Resolution of Intent and first reading of an Ordinance amending provisions of Municipal Code Section 2.56 (Retirement System) establishing a 2% at 60, FAS Retirement Plan for Miscellaneous Employees hired on or
after April 15, 2012.

2) A Resolution of Intent and first reading of an Ordinance amending provisions of Municipal Code Section 2.56 (Retirement System) Establishing a 2% at 50, FAS Retirement Plan for Safety Employees hired by the City of Carmel-by-the-Sea on or after April l5, 2012.

Resolution of Intent to Adopt Ordinance CalPERS

Resolution of Intent to Adopt an Ordinance on March 6, 2012 amending the CalPERS Contract