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ANNOTATED AGENDA - REGULAR MEETING
BELVEDERE CITY COUNCIL
MARCH 14, 2016, 5:30 P.M.
City Hall Council Chambers
450 San Rafael Avenue, Belvedere, California


 COMMENTS ON AGENDA ITEMS BY MEMBERS OF THE PUBLIC

The public will be given an opportunity speak on each agenda item when it is called.  Upon being recognized by the Mayor, please state your name and address, and limit your oral statement to no more than three minutes.  The Council welcomes comments and questions raised by interested citizens but typically does not respond during the comment period.



5:30 PM     CALL TO ORDER IN CONFERENCE ROOM I


              Meeting was called to order at 5:30 PM and adjourned to closed session.

              Council Present: Campbell, McCaskill, Winter, and Mayor McAuliffe
              Council Absent: Donnell

              Staff Present: City Manager Neilan

 CLOSED SESSION

1.     CONFERENCE WITH LABOR NEGOTIATOR

Unrepresented and represented employees: All City employees
The closed session is for a review of the City Council’s position and to instruct the City’s designated representative, City Manager Mary Neilan, regarding salaries and/or compensation paid in the form of fringe benefits to members of the Belvedere Police Officers Association and to unrepresented City employees. Closed session permitted pursuant to § 54957.6(a) of the California Government Code.

6:30 PM     RECONVENE IN OPEN SESSION IN COUNCIL CHAMBERS
                    PLEDGE OF ALLEGIANCE


             Meeting was reconvened in the Council Chambers at 6:30 PM.  Building Official
             Banvard, City Planner Borba, Public Works Manager Derdenger, Finance
             Director Eastman, City Attorney Epstein, City Clerk Foulis, and Chief Seyler
             joined the meeting.


            
Mayor McAuliffe announced that no reportable actions were taken in the closed
             session.


            
Mayor McAuliffe lead the Pledge of Allegiance.


 OPEN FORUM
This is an opportunity for any citizen to briefly address the City Council on any matter that does not appear in this agenda.  Upon being recognized by the Mayor, please state your name, address, and limit your oral statement to no more than three minutes.  Matters that appear to warrant a more lengthy presentation or Council consideration will be agendized for further discussion at a later meeting.

One speaker from the public.


REPORTS & PRESENTATIONS

2.     City Council Reports.

No reports from Council.

3.     City Manager Reports.
        A.       Provide direction to staff regarding Councilmember proposal to issue citations to vessels illegally located in Belvedere waters.

Council directed staff to draft an ordinance to allow citations of abandoned boats which enter Belvedere waters and to restrict anchoring of boats in Belvedere waters.


 CONSENT CALENDAR
The Consent Calendar consists of items that the City Council considers to be non-controversial.  Unless any item is specifically removed by any member of the City Council, staff, or audience, the Consent Calendar will be adopted by one motion.  Items removed will be considered in the sequence as they appear below.  If any member of the audience wishes to have an item removed, please step to the microphone, state your name, and indicate the item.

Motion: To approve the Consent Calendar.
Moved: 
By Campbell, second by McCaskill; approval unanimous (Donnell absent)

4.     Approve minutes of the February 8, 2016, regular City Council meeting.

5.    
Approve warrants of February 2016.

6.    
Adoption of an ordinance amending Title 19, “Zoning,” and Title 20, “Architectural and Environmental Design Review,” for modifications to the appeal period, fence height requirements in the R1-L and R-2 zoning districts, and other administrative updates.

7.    
Approve revised Joint Exercise of Power Agreement for Marin County Major Crimes Task Force.

8.    
Adopt a resolution in support of the “Safety for All” ballot initiative for commonsense gun reform.

9.    
Direct Mayor to send a letter to California State Assembly Member Eric Linder opposing Assembly Bill 1707 for proposed amendments to the California Public Records Act.


 PUBLIC HEARINGS

10.    Adopt a resolution placing a lien on the property at 6 San Rafael Avenue (APN 055-263-05) in the amount of $4010.75 for the unpaid administrative costs incurred during the abatement process of a public nuisance pursuant to Chapter 8.12 of the Belvedere Municipal Code.
Staff recommendation: Conduct the public hearing and motion to adopt the resolution confirming the amount of $4010.75 and placing a lien on 6 San Rafael Avenue.

Motion:  To adopt the resolution confirming the amount and approving the lien at
                    6 San Rafael Avenue.
Moved:    By Campbell, second by Winter; approval unanimous (Donnell absent)


11.    Appeal of a Planning Commission decision made on February 16, 2016, to deny an appeal of Design Review Exception and grant Design Review for landscaping and associated improvements for the property located at 160 Madrona Avenue. Appellant: Elizabeth T. Erhardt representing Dr. Marcia McGovern and Dr. David Stoller, owners of 170 Madrona Avenue. Property Owner: Penelope Draganic/Draganic Family Trust.
Staff recommendation: Determine whether or not to conduct the public hearing as scheduled or grant the request for a continuance from the appellant; should the Council deny the request for continuance, conduct the required public hearing; and deny the appeal and uphold the decision of the Planning Commission denying an appeal of a Design Review Exception for proposed landscape improvements at 160 Madrona Avenue.

Motion:  To deny the appeal and uphold the decision of the Planning Commission
              denying an appeal of an approval of a Design Review Exception at
              160 Madrona Avenue.
Moved:    By Winter, second by McCaskill; approval unanimous (Donnell absent,
              Campbell recused)


12.   
Introduction and first reading of an ordinance amending the Belvedere Municipal Code, Section 20.04.035, “Time limits for construction,” increasing the Construction Time Limit daily fine amounts and the maximum fine amount, the manner in which fines are collected, and minor clarification regarding the time within which an appeal may be filed.

Council directed staff to clarify the enforcement mechanisms for collecting payment of Construction Time Limit fines and return to Council with a revised draft ordinance.



OTHER SCHEDULED ITEMS

13.    Consider authorizing additional funds to complete the Lower Golden Gate Avenue Pavement Repair Project.
Staff recommendation: Authorize use of $30,000 in Measure A transportation sales tax revenue and $70,000 from the General Fund budget surplus to fully fund this pr
oject including a 10% contingency. Award the project to Ghilotti Brothers, Inc. for a total contract amount of $181,902.00.


Motion:
   To authorize use of $30,000 in Measure A transportation sales tax revenue
               and $70,000 from the General Fund budget surplus to fully fund this project,     
               including a 10% contingency; and to award the project to Ghilotti Brothers,
               Inc. for a total contract amount of $181,902.00.
Moved:    By McCaskill, second by Winter; approval unanimous (Donnell absent)


14.   
Request from Redwood High School Safe and Sober Grad Night Committee for donation to annual grad night event, continued from the February 8, 2016, regular meeting.
Staff recommendation: Consider the
request from Redwood High School Grad Night Committee.


Motion:  To approve $500 for a contribution to Redwood High School grad night event.
Moved:    By McCaskill, second by Campbell
                Ayes: Campbell, McCaskill, McAuliffe
                Noes: Winter
                Absent: Donnell
                Abstain: None

15.   
Review and approve draft agreement to form a “Tiburon Peninsula Traffic Relief Joint Powers Authority”; authorize the Mayor to execute the agreement at a future date; appoint two Council Members to serve as Directors.
Staff recommendation: Review and approve draft agreement to for
m a Joint Powers Authority (JPA); authorize the Mayor to execute the agreement at a future date to be determined; appoint two Council members to serve as Directors.


Motion:  To approve the Tiburon Peninsula Traffic Relief Joint Powers Authority
              Agreement and authorize the Mayor to execute the agreement at a future date.
Moved:    By McCaskill, second by Winter; approval unanimous (Donnell absent)


Motion:  To appoint Council Member McCaskill and Mayor McAuliffe to serve on the
              board of the Tiburon Peninsula Traffic Relief JPA.
Moved:    By Winter, second by Campbell; approval unanimous (Donnell absent)


16.   
Update on Department of Water Resources (DWR) grant (Belvedere Lagoon Coastal Levee Evaluation) and meeting with FEMA personnel; Recommendation from Citizens’ Flood Zone Committee meeting.
Staff recommendation: Pursuant to Citizens’ Flood Zone Committee recomme
ndation, direct staff to proceed with a structural evaluation of San Rafael Avenue and Beach Road levees and to develop alternatives for 100-year flood protection; appropriate $84,000 from the FY 2015-16 budget surplus to fund the City’s share of the portion of this grant funded project to be accomplished this fiscal year.


Motion:  To direct staff to proceed with a structural evaluation of San Rafael Avenue
              and Beach Road levees and develop alternatives for 100-year flood protection.
Moved:    By McCaskill, second by Winter; approval unanimous (Donnell absent)


Motion:  To appropriate $84,000 from the FY 2015-16 budget surplus to fund the City's
                    share of the portion of this grant funded project to be accomplished this
              fiscal year.
Moved:    By McCaskill, second by Winter; approval unanimous (Donnell absent)


ADJOURN

The meeting was adjourned at 8:56 PM.




 NOTICE: WHERE TO VIEW AGENDA MATERIALS
Staff reports and other materials distributed to the City Council are available for public inspection at the following locations:
>    Belvedere City Hall, 450 San Rafael Avenue, Belvedere.
       (Materials distributed to the City Council after the agenda packet is published are available
       for public inspection at this location only.)
>    Belvedere-Tiburon Library, 1501 Tiburon Boulevard, Tiburon.
To request automatic mailing of agenda materials, please contact the City Clerk at 415/435-8913.

NOTICE: AMERICANS WITH DISABILITIES ACT
The following accommodations will be provided upon request to persons with a disability; agendas and/or agenda packet materials in alternate formats and special assistance needed to attend or participate in this meeting.  Please make your request at the Office of the City Clerk or by calling 415/435-3838.  Whenever possible, please make your request four working days in advance.