CITY OF CARMEL-BY-THE-SEA Council Report November 5, 2013

To: From: Submitted by: Subject:

Honorable Mayor and Members of the City Council Jason Stilwell, City Administrator Daryl A. Betancur, Deputy City Clerk Ratify direction given to staff relative to Public Encroachments workshop discussion of October 7, 2013. Right-of-Way

Recommendation(s): Receive and file . Executive Summary: On October 7, 2013, the Carmel-by-the-Sea City Council held a workshop

regarding Public Rights of Way (ROW) character and encroachments. The Council received a detailed presentation regarding these issues and also received input from the public.
Analysis/Discussion: The October 7, 2013 workshop on ROW character and encroachments

included input from staff and the public, followed by comments from the Council. The Council supported continuing to address ROW encroachments as a routine part of the Building Permit review process, and for staff to develop a mechanism to address ROW encroachments at the time of sale of individual properties. This latter mechanism would involve working with the Board of Realtors to include their input. Staff was advised to develop a clear basis for why certain ROW encroachments should be altered or removed, and communicate this to the public through outreach materials. Further, the Council noted that encroachments that present a hazard for traffic and emergency responders be a priority, in comparison to landscaping and more aesthetic-related encroachment issues, which should be addressed only after the development of add itional outreach and consensus building. With respect to a more proactive approach tied to the roadway overlay program, staff will identify safety hazards, boulders, gravel and extra pavement as this year's program progresses and address these as necessary. The attached transcript provides the main focus of the discussion as summarized towards the end of the workshop by Mayor Burnett:

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1. 'There seems to be general consensus that we should implement what is already in the municipal code for point of sale and we will ask staff to come back to the City Council if necessary to provide a report."
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"In terms of communicating this, we need two things: o. As part of the vision statement, we need to layout why we ore working on this. I would start with our General Plan and our residential design guidelines and look at what they say because they do have strong good language. In order to help people understand that, providing some examples of what accomplishes that with pictures is helpful. One picture is worth a thousand words. b. In terms of prioritizing, the first priority is public safety. Anywhere where there are public safety issues ought to be addressed. My guess is that most of these are not public safety issues but design issues. I have heard that there should be a focus on rocks, boulders, and pavement and other hardscapes; and a focus on gravel as three starting points."

3. "There does seem to be consensus that the way to prioritize locations around town is based on where paving is done and there may be other ways to do that. There seems to be overwhelming support f or using the repaving necessarily as the hook or the only hook for taking this on. And then, as part of the mix, there may be other hooks or other factors that may also cause staff to focus on a particular block etc. ((
Fiscal Impact:

There is no fiscal impact associated with this report . Only for ratification and to be received and filed .

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Previous Council Action/Decision History: N/A Reviewed by:
City Adm inistrator Asst. City Admin. Public Safety Dir City Engineer

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Administrative Services Dir of Public Svcs

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