REGULAR MEETING BELVEDERE CITY COUNCIL MARCH 10, 6:00 P.M. CONFERENCE ROOM I & COUNCIL CHAMBERS 450 SAN RAFAEL AVENUE, BELVEDERE, CA MINUTES

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1 REGULAR MEETING BELVEDERE CITY COUNCIL MARCH 10, 6:00 P.M. CONFERENCE ROOM I & COUNCIL CHAMBERS 450 SAN RAFAEL AVENUE, BELVEDERE, CA MINUTES COUNCIL PRESENT: COUNCIL ABSENT: STAFF PRESENT: James Campbell, Sandra Donnell, and Mayor Thomas H. Cromwell Claire McAuliffe and Bob McCaskill City Attorney Robert Epstein and City Manager Mary Neilan CALL TO ORDER OF REGULAR MEETING The meeting was called to order in Conference Room I of City Hall at 6:05 P.M. ADJOURN TO CLOSED SESSION 1. CONFERENCE WITH COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section of the California Government Code: One case. RECONVENE IN OPEN SESSION After a short recess, the meeting reconvened in open session in the Council Chambers at 6:30 P.M. The following staff members joined the meeting: Building Official Eric Banvard, City Planner Irene Borba, City Clerk Leslie Carpentiers, Public Works Manager Scott Derdenger, Finance Officer Rebecca Eastman, and Police Chief Tricia Seyler. City Attorney Epstein announced that no reportable actions were taken in the closed session. Mayor Cromwell led the Pledge of Allegiance. OPEN FORUM William Rothman, 14 Cliff Road, asked why the Council includes the phrase one nation under God in the Pledge of Allegiance. He acknowledged that the question could not be addressed by the Council because it is not on the agenda.

2 Page 2 of 6 REPORTS 2. City Council Reports Mayor Cromwell reported on the City s continued discussions with FEMA, and their suggestion that the Belvedere Lagoon levies be studied as non-levy enbankments. William Rothman, 14 Cliff Road, asked if the work which produced the rejected report will be reimbursed by FEMA; City Manager Neilan said that the work was paid for by the FEMA Cooperative Partnership Technical Grant. Future costs may not be covered by FEMA. Public Works Manager Scott Derdenger introduced new Public Works employee Shane Rodgers. 3. City Manager reports B. Report on Siren Notification Alerting the Peninsula (SNAP) system Police chief Seyler presented the staff report, with additional comments and answers to Council questions from Fire Chief Rich Pearce and Belvedere-Tiburon Emergency Preparedness Coordinator Laurie Nilsen. The consensus was that the test was successful, the system is performing as hoped, and that, when complete, SNAP will provide the warning redundancy expected in concert with Alert Marin and the other notification systems in use. Belvedere resident William Rothman objected to the fact that a system was purchased which cannot alert 100 percent of the persons on the Tiburon Peninsula, particularly in Belvedere which contributed $35,000 to the purchase. He asked that many more persons from all locations in the City be solicited to listen and report on the next siren test when the final unit has been installed. Harry Somerfield, 339 San Rafael Avenue said he and his wife did not hear the siren from inside their residence. A. Report on fireplace conversion ordinances throughout Marin County Building Official Banvard presented the staff s informational report. C. Report on Tiburon half-marathon proposed for October Police Chief Seyler presented the staff s report. The Council voiced questions and concerns about the proposed event and the potential impacts on Belvedere. Andrew Allen, Belvedere Land Company, said his company will leave it up to the Chief of Police to decide if the event is appropriate for lower Beach Road, and if it goes forward, the Land Company will be happy to help. City Manager Neilan said City staff will gather more information from the Joint Recreation Department to address the Council s questions and return with an expanded report at a future Council meeting.

3 Page 3 of 6 CONSENT CALENDAR To approve the consent calendar. The following items were on the Consent Calendar: 4. Approve minutes of the February 10, 2014, regular City Council meeting. 5. Approve warrants of February, Adopt resolution granting a private sanitary sewer easement over City property to the owner of 41 Belvedere Avenue, 39 Belvedere LLC. 7. Award construction contract for the Roadway Guardrail Construction Project to Ahlborn Fence & Steel, the lowest responsible bidder. 8. Award contract for the 2014 Slurry Seal Project to Bond Blacktop, Inc., the lowest responsible bidder. 9. Award contract for the Pedestrian Lane Handrail Construction Project to Vdovkin & Son, the lowest responsible bidder. 10. Approve revocable license for private improvements in the City s street right-of-way in front of 102 Golden Gate Avenue. Property Owner: Hasler Revocable Trust. PUBLIC HEARING ITEMS 11. Application for Planned Unit Development (PUD) overlay for seven (7) existing lots and the subdivision of five (5) of the seven (7) lots into 20 parcels (sub lots). All lots located along lower Beach Road between San Rafael Avenue and Cove Road. Property Owner: Belvedere Land Company. Project Description: The subdivision portion of the project contains a total of 72 existing residential units and 4,500 square feet of commercial space. An additional 25 residential dwelling units occupy the lots that are proposed for the PUD, but are not part of the subdivision. The proposed PUD Overlay Zone would establish the existing development as the allowed development standards, such that no additional development potential beyond what is either existing or allowed by the underlying zoning could be permitted. The project would retain existing development already established and no additional construction or redevelopment, other than sidewalk improvements is proposed at this time. Project Location: The proposed project applies to existing development located at various addresses between: 16 and 95 Beach Road; 2 and 9 Barn Road; 1A and 3B Peninsula Road; 7 and 9 Teal Road; 2 and 11D Cove Road; 550A and 536 San Rafael Avenue. Associated APN Nos , , , , , , and Approvals to Be Considered: Initial Study/Negative Declaration; introduction and first reading of An Ordinance of the City of Belvedere Amending Section , Zone boundaries and zoning map, of the Belvedere Municipal Code to Change the Date of Adoption of the Most Recent Edition of the Official Zoning Map of the City of Belvedere, to incorporate the proposed Planned Unit Development Overlay Zone (pursuant to Chapt BMC); Tentative Subdivision Map (pursuant to BMC Chapt BMC); Planned

4 Page 4 of 6 Unit Development Permit; Development Agreement (pursuant to Chapts and BMC); Development Agreement (pursuant to Chapts and BMC) City Planner Borba presented a PowerPoint presentation as part of the staff report. She answered Council questions. Mayor Crowell opened the public hearing. Andrew Allen thanked the City staff for their work on his application. When no one else wished to speak, the public hearing was closed. To adopt a City of Belvedere City Council resolution approving a Negative Declaration for the Belvedere Land Company Project consisting of a Change of Zone, Planned Unit Development Permit, and Tentative Subdivision Map for properties along Beach Road identified as Assessor Parcel Numbers: , , , , , AND To introduce an Ordinance of the City of Belvedere Amending Section , Zone boundaries and zoning map, of the Belvedere Municipal Code to Change the Date of Adoption of the Most Recent Edition of the Official Zoning Map of the City of Belvedere, to incorporate the proposed Planned Unit Development Overlay Zone. Also to read the ordinance by title only and waive further reading of the ordinance in its entirety. City Clerk Carpentiers read the ordinance title aloud. To adopt a City of Belvedere City Council resolution approving a Planned Unit Development Permit for the Belvedere Land Company properties located along Beach Road between San Rafael Avenue and Cove Road and identified as Assessor Parcel Numbers: , , , , and

5 Page 5 of 6 To adopt a City of Belvedere City Council resolution approving the Development Agreement for the Planned Unit Development Permit for the Belvedere Land Company properties located along Beach Road and identified as Assessor Parcel Numbers: , , , , and , amending the Development Agreement to be modified to provide the nine (9) additional parking spaces for Parcel Number that are not currently covered by the Tentative Map, and that those shall be recorded parking agreements. To adopt a City of Belvedere City Council Resolution approving the Tentative Subdivision Map for 6.62 acres located along Beach Road between San Rafael Avenue and Cove Road identified as Assessor Parcel Numbers: , , , , and , amended to require that parking agreements be recorded for the benefit of the Beach Road parcels. 12. Adopt resolution ordering vacation of an unimproved portion of City property on Golden Gate Avenue and authorizing City Manager to enter into agreement with the owners of 105 Golden Gate Avenue to transfer property and execute quitclaim deed on behalf of the City. Property owners: James A. Smith and Lynne Smith, as Trustees of the Smith Family Revocable Living Trust City Clerk Carpentiers presented the staff s report and answered questions from the Council. Mayor Cromwell opened the public hearing. No one wished to speak, so the public hearing was closed. To adopt the resolution ordering vacation of an unimproved portion of City property on Golden Gate Avenue and authorizing City Manager to enter into agreement with the owners of 105 Golden Gate Avenue to transfer property and execute quitclaim deed on behalf of the City.

6 Page 6 of 6 OTHER SCHEDULED ITEM 13. Make appointment to Belvedere Finance Committee Mayor Cromwell explained that he did not ask the applicant to appear before the Council; the other Council Members agreed that the former mayor is an excellent candidate. There were no comments from the public. That we appoint John Telischak to the Belvedere Finance Committee. ADJOURN The meeting was adjourned at 7:56 PM. THE FOREGOING MINUTES were approved at a regular meeting of the Belvedere City Council on April 14, 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Campbell, Sandra Donnell, Claire McAuliffe, Bob McCaskill, and Mayor Thomas H. Cromwell None None None