REGULAR MEETING BELVEDERE CITY COUNCIL MARCH 11, 2013, 5:45 P.M. CITY HALL CONFERENCE ROOM I & COUNCIL CHAMBERS 450 SAN RAFAEL AVENUE, BELVEDERE, CA MINUTES COUNCIL PRESENT: James Campbell, Thomas Cromwell, Claire McAuliffe, Bob, and Mayor Sandra D. Donnell STAFF PRESENT: City Clerk Leslie Carpentiers, Deputy City Attorney Emily Longfellow, and City Manager Mary Neilan CALL TO ORDER OF REGULAR MEETING The meeting was called to order in the Council Chambers of City Hall at 5:48 P.M. 1. Interview applicant for Planning Commission The City Council Members interviewed David Feinberg. To adjourn to Closed Session. By Cromwell, seconded by Campbell; approval unanimous ADJOURN TO CLOSED SESSION The Council reconvened in Closed Session in Conference Room I of City Hall at 5:55 PM, with all members preset. Staff present: City Manager Neilan and Deputy City Attorney Longfellow. 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Gov. Code Section 54956.9(a)] Claim of City of Belvedere v. County of Marin 3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION [Gov. Code Section 54956.9(a)] Name of case: City of Belvedere, et al. v. Paul Kraus, et al. (Marin Courts Case No. CIV1201281)
Page 2 of 7 RECONVENE IN OPEN SESSION The meeting reconvened in open session in the Council Chambers at 6:36 P.M. The following staff members were present: Building Official Eric Banvard, City Clerk Leslie Carpentiers, Public Works Manager Scott Derdenger, Finance Officer Rebecca Eastman, Emergency Services Coordinator Laurie Gordon, Police Chief Tricia Seyler, and Community Development Director/Assistant City Manager Felicia Wheaton. Deputy City Attorney Longfellow announced that no reportable actions were taken in the closed session. Mayor Donnell led the Pledge of Allegiance. 4. Interview applicant for Planning Commission The Council Members interviewed Amy Garrison. William Rothman asked to speak and said he did not think it would be appropriate for a member of the Planning Commission to bring children on a property inspection. OPEN FORUM William Rothman, 14 Cliff Road, asked that, during Item 15, the City Manager explain where the money is coming from in the General Fund to pay for the proposed emergency sirens. REPORTS 5. City Council reports Mayor Donnell noted the names of Belvedere citizens who have passed away in the last year. She welcomed James Campbell who was appointed by the Council on February 5 to fill the seat vacated by Siavash Barmand. Vice Mayor Cromwell reported on the Marin Energy Authority, the opening of the Lyford Drive parking lot, and Belvedere s emergency trailer. 6. City Manager reports City Manager Neilan announced a correction to Agenda Item No. 10: the annual cost to the City of Belvedere under the emergency management services MOU will be $3,566 for each of the
Page 3 of 7 next three years. She also reported on delays on Tiburon Boulevard and an upcoming recruitment for the position of City Planner. 7. Presentation from Tiburon Fire Protection District regarding proposal to install four emergency notification sirens on the Tiburon Peninsula Battalion Chief Kelly Bradley gave a PowerPoint presentation on the proposed upgrade in the Peninsula s emergency notification siren system. He, Fire Chief Richard Pearce, and Emergency Services Coordinator Laurie Gordon answered questions from the Council and audience. William Rothman, 14 Cliff Road, and Harry Somerfield, 339 San Rafael Avenue, offered alternative suggestions to the sirens and questioned the need to spend the amount proposed to upgrade the warning system. CONSENT CALENDAR When no one removed an item, Mayor Donnell asked for a motion to adopt the Consent Calendar. I so move. By, seconded by Cromwell; approval unanimous The following items were on the Consent Calendar: 8. Approve minutes of the February 11, 2013, regular City Council meeting. 9. Approve warrants of February 2013. 10. Approve amendment to Memorandum of Understanding with the Marin County Office of Emergency Services to increase the annual cost to the City of Belvedere to $3,566. 11. Approve First Amendment to the Agreement of Formation for the Marin Telecommunications Agency, providing that the distribution of net franchise fees to members of MTA be based on franchise fee revenue reports rather than subscriber numbers. INDIVIDUAL CONSENT CALENDAR ITEM 12. Approve revocable license for private improvements in the City s street right-ofway in front of 60 Madrona Avenue. Owners: Andres Pineda and Matina Seremetis Councilors Campbell and recused themselves because their residences are within 500 feet of the subject property.
Page 4 of 7 To approve the revocable license for private improvements in the City s street right-of-way at 60 Madrona Avenue. By Cromwell, seconded by McAuliffe VOTE: AYES: Cromwell, McAuliffe, and Mayor Donnell NOES: None RECUSED: Campbell and OTHER SCHEDULED ITEM Mayor Donnell moved Item 15 up on the agenda. 15. Adopt a resolution authorizing an amendment to the City of Belvedere Annual Operating Budget for Fiscal Year 2012-2013 in the amount of $35,000 to fund the City s share of the cost to purchase and install four emergency notification sirens on the Tiburon Peninsula City Manager Neilan stated that the $35,000 requested would come out of the General Fund reserve. Mayor Donnell invited comment from the audience. Steve Block, 213 Golden Gate Avenue, and William Rothman, 14 Cliff Road, spoke on the appropriateness of where the sirens will be located. Harry Somerfield, 339 San Rafael Avenue, also spoke. Staff and members of the Council answered audience questions. Mayor Donnell closed the public comment period. Council discussion followed. That the City Council approve the resolution authorizing a budget amendment in the amount of $35,000 to fund the City s share of the cost to purchase and install four emergency notification sirens on the Tiburon Peninsula. By McAuliffe, seconded by Campbell; approval unanimous PUBLIC HEARING 13. Appeal of the construction time limit penalty for the construction project at 213 Golden Gate Avenue. Owner and appellant: Steven J. Block Trust Mayor Donnell recused herself because her residence is within 500 feet of the subject property. She left the Chambers.
Page 5 of 7 Building Official Banvard presented the Staff s report and answered questions from the Council Members, assisted by Public Works Manager Scott Derdenger. Property Owner Steve Block spoke briefly, after which Vice Mayor Cromwell closed the public hearing. That we approve the decision of the Appeal Committee to abate the penalty. By, seconded by Campbell; approval unanimous (Donnell recused) Ms. Donnell was recalled to the Chambers and the dais. OTHER SCHEDULED ITEMS 14. Mid-year review of the City of Belvedere Annual Operating Budget for Fiscal Year 2012-2013 City Manager Neilan and Finance Officer Eastman presented the report and answered questions from the Council. A Council budget study session will be scheduled for the near future. 16. Adopt resolution approving the following sections of the Belvedere Administrative Policy Manual: new Easement Application Process; revised Guidelines for Public Memorials Public Works Manager Derdenger presented the Staff s report. Jan Anderson, Parks and Open Space Committee Chair, helped answer the Council s questions. There was no public comment from the audience. The Council encouraged the Committee to continue to seek new ways that donors can memorialize loved ones other than by purchasing benches. An additional amendment was made to the memorials policy by adding that both moratoriums will be reviewed in three years. That we approve the updates to the Belvedere Policy Manual, by approval of the resolution. By, seconded by Campbell; approval unanimous 17. Appoint Council Members to various County and City committees and boards. (Continued from 2/11/2013 meeting) The Council discussed and approved the following appointments and changes:
Page 6 of 7 Entity & Position Assignee(s) Alternate Meetings ABAG Delegate & Alternate McAuliffe City Mgr. Annual General Assembly Spring America s Cup 34 (AC34) - Member NA Monthly TBA, Servino s Belvedere Citizens Flood Zone Committee Co-Council Representatives & Chair Cromwell NA Every 2d Wed., 6:30 PM Belvedere City Hall Belvedere Community Foundation Liaison Donnell NA Belvedere Finance Committee Committee Members Mayor/Vice Mayor As needed, 2+ meetings per year Belvedere Historic Preservation Committee Council Representative Cromwell McAuliffe NA As needed, typically on 2d Tues 5:30 PM, City Hall Belvedere Parks and Open Space Committee Council Representative Campbell Donnell Donnell NA Odd months 2d Thurs 4 PM Belvedere City Hall Belvedere Traffic Safety Committee Donnell McAuliffe As needed Council Representative Belvedere-Tiburon Chamber of Commerce Economic Development Committee Council Donnell Every 1st Wednesday 8 AM Servino s Representative Belvedere-Tiburon Joint Disaster Council Member from Council & Alternate Cromwell Campbell Belvedere-Tiburon Joint Recreation Committee Voting Member NA 3d Mon 7 PM Tiburon Town Hall Belvedere-Tiburon Library Agency - Liaison McAuliffe NA Every 3d Monday 6:15 PM California Joint Powers Insurance Authority Board Member & Alt. Carpentiers Annual meeting in July Community Action to Reduce Traffic (CART) Members Mayor/Vice Mayor Every other Friday 11 AM Tiburon Town Hall Community Development Block Grant Campbell NA As needed Priority Setting Committee County of Marin Ad Hoc Committee on Donnell NA TBD Polices for Homelessness in Marin League of California Cities Voting Delegate Donnell NA Annual Conference Sept. & Alternate Marin Energy Authority (JPA) Board Member & Alternate Cromwell Cromwell Every 1st Thursday 7 PM Marin Telecommunications Agency (JPA) - Commissioner & Alternate Donnell Every 2d Wednesday 7 PM MCCMC Legislative Committee - Member McAuliffe NA Every 4th Monday 8 AM MCCMC - JPA Oversight Committee Member McAuliffe NA Varies, 7 pm Richardson Bay Regional Agency (JPA) - Board Member & Alternate Cromwell Campbell Every 3d Thursday 5:30 PM Sausalito City Hall Southern Marin Emergency Medical Cromwell NA As needed Paramedic System (JPA) Board Member Transportation Authority of Marin JPA - Commissioner & Alternate Donnell Campbell Every 4th Thursday 7 PM County Civic Center Transportation Authority of Marin - Sustainable Communities Strategies Ad Hoc Committee- Council Representatives Campbell Donnell Varies
Page 7 of 7 18. Appoint a member to the Belvedere Planning Commission for a partial term through June 30, 2015 The City Councilors discussed the applicants. That the City Council invite David Feinberg to join the Planning Commission for the City of Belvedere. By, seconded by Campbell; approval unanimous ADJOURN To adjourn. By, seconded by Cromwell; approval unanimous The meeting was adjourned at 8:43 PM.