REGULAR MEETING BELVEDERE CITY COUNCIL APRIL 2, 2007, 7:30 P.M. 450 SAN RAFAEL AVENUE BELVEDERE, CALIFORNIA MINUTES _________________________________________________ COUNCIL PRESENT: James Berg, Gerald Butler, Thomas Cromwell, and Mayor John Telischak COUNCIL ABSENT: Barbara Morrison STAFF PRESENT: City Engineer Bob Branz, Deputy City Clerk Leslie Carpentiers, Planning Manager Pierce Macdonald, City Manager George Rodericks, and Deputy City Attorney Todd Smith CALL TO ORDER OF REGULAR MEETING The meeting was called to order at 7:30 P.M. with the Pledge of Allegiance. OPEN FORUM Mayor Telischak stated that he is aware there a large number of residents present who are concerned about the proposal to build a City storage/staging area on Lagoon Road. He wanted to make it clear that no substantive proposal or plan has yet been developed by the City staff so there has been nothing to show to the Lagoon and Maybridge residents, much less to the City Council. He also wanted it to be clear that the development of a new staging area has no bearing whatsoever on the pending approval of the San Rafael Undergrounding District. City Manager Rodericks seconded the Mayors comments. He said that, at the conclusion of the Council’s first and only discussion of the idea, at the August 2006 regular Council meeting, Staff was directed to develop suggestions for a storage facility which could be discussed in meetings with the neighbors. Since that time, Staff has been too busy with pressing projects to spend time developing scenarios for a storage facility. Therefore there is no project, just a suggestion that hasn’t even reached the planning stage. He concluded by naming the many public works projects which have been successfully carried out in the last six years as a result of close cooperation between the City Council, residents, and Staff. Mayor Telischak opened the public forum. Minutes of the Regular Meeting of the Belvedere City Council April 2, 2007 Page 2 of 7 Haig Harris, resident on Lagoon Road, submitted a letter from himself addressed to the City Council, Planning Commission, and members of the City staff with an attached petition signed by 47 residents of Lagoon and Maybridge Roads who object to the construction of a “second corporation yard” on Lagoon Road. He said that, as a result of speaking with City Manager Rodericks on the phone this afternoon, he now realizes that the residents’ fears that the City was planning to build an additional corporation yard have been fueled more by baseless rumors than by fact. Tim Ryan, 48 Lagoon Road, said that the level of property owner concern can be judged by the fact that 40 people attended a neighborhood meeting with only three day’s notice. Some were apprehensive that the City Council would conduct its next hearing on the matter in July or August when many residents are out of town. James Allen, owner of 76 and 82 Lagoon Road, asked if it is true that the existing Corporation Yard on Lagoon Road is only a temporary facility. The City Manager responded that it is permanent. Donna Motluck, 10 Maybridge Road, said the neighborhood meeting was held at her home. She was adamant that there is too much congestion on Lagoon Road already, it is a dangerous area for this reason, and a new corporation yard, no matter what its configuration or appearance, is unacceptable to the residents. She urged the City not to waste time on developing a proposal. There being no one in the audience who felt they had anything new to add to what had already said, Mayor Teslichak closed the open forum. Since this matter is not on the agenda, the Council was prohibited by the Brown Act from discussing it tonight. REPORTS 1. City Council Reports None. 2. City Manager Reports A. Date for Belvedere EOC training for Council May 23, 2007, at 3:00 PM has been set as the date for a training in the use of Belvedere’s Emergency Operating Center. Belvedere’s facility is designed to be activated if the Peninsula’s primary EOC at the Tiburon Police Department is down for any reason during an emergency. Minutes of the Regular Meeting of the Belvedere City Council April 2, 2007 Page 3 of 7 B. Review of City’s response to the Grand Jury Report City Manager Rodericks presented the Staff Report, pointing out that Belvedere’s public safety personnel have never, and would never condone, the use of hogtieing. There were no comments from the audience. MOTION: To support the Grand Jury’s findings. MOVED: By Butler, seconded by Berg; approval unanimous (Morrison absent) 3. Request for funding for 2007 Concerts-in-the-Park series City Manager Rodericks presented the Staff Report. Maureen Johnson of the Concerts-in-the- Park series said the Committee spent $19,000 last year and this is the tenth anniversary of the series. They hope to establish the receipt of 25 percent of their funding from the City of Belvedere with the rest being supplied by the community and local businesses. The City Council were wholeheartedly in favor of supporting this very worthwhile and well- attended community gathering. MOTION: To approve the funding request. MOVED: By Cromwell, seconded by Berg; approval unanimous (Morrison absent) 4. Request for funding for 2007 Tiburon Art Festival City Manager Rodericks presented the Staff Report and Tom Wright, Chair of the event with Asher Rubin, answered questions from the Council. MOTION: To support the event with a donation of $1,000. MOVED: By Berg, seconded by Butler; approval unanimous (Morrison absent) 5. Presentation to Police Officer Ryan Smith Mayor Telischak presented Ryan Smith with a plaque and thanked him for his eight years of service on the Belvedere force. Officer Smith stated his appreciation for the Council and the residents. Kenneth Johnson, Leeward Road, presented Ryan with a token of the residents’ thanks.. Minutes of the Regular Meeting of the Belvedere City Council April 2, 2007 Page 4 of 7 6. Presentation of City of Belvedere Spotlight Award to Ervin “Slim” Smith of Mill Valley Refuse Service Mayor Telischak presented the City’s first ever Spotlight Award for outstanding service to the community to Slim Smith who is retiring after 20 years as a refuse collector in Belvedere. Mr. Smith thanked the Council and expressed his fondness for the customers he has gotten to know on his route. Resident Sandy Donnell and Mill Valley Refuse owner Jim Garbarini praised Smith for his customer service ethic and said he will be missed by all. CONSENT CALENDAR Councilmember Cromwell removed Items 11 and 13 from the Consent Calendar. MOTION: To adopt the following Consent Calendar items: 7. Approve minutes of the March 5, 2007 Regular City Council meeting. 8. Approve warrants of March, 2007. 9. Second reading and adoption of a Zoning Ordinance Amendment to Section 19.48.190 of the Belvedere Municipal Code regarding minor vertical and horizontal extensions of existing structures located in required yards. 10. Adopt resolution establishing salary and benefits for the hourly City Engineer effective May 1, 2007, through June 30, 2008. 12. Approve revocable licenses for private improvements in the City’s right-of-way at 33 Bayview Avenue. Owners/Applicant: Luke C. and Charmaine Mazur. MOVED: By Berg, seconded by Cromwell; approval unanimous (Morrison absent) 11. Adopt employee job descriptions Councilmember Cromwell pointed out that the Belvedere-Tiburon Emergency Services Coordinator position was recently upgraded to full-time and that the position reports to the city managers of both towns as well as to the public safety chiefs. These corrections will be incorporated in the job description. MOTION: To approve the job descriptions. MOVED: By Berg, seconded by Cromwell; approval unanimous (Morrison absent) Minutes of the Regular Meeting of the Belvedere City Council April 2, 2007 Page 5 of 7 13. Approve revocable licenses (2) for private improvements in the City’s Beach Road right-of-way and waterfront parcel at 322 Beach Road. Owners/applicant: Nicolas and Veronique Dourassoff Councilmember Cromwell expressed reservations regarding granting revocable licenses for placing structures over City property because it would be difficult to ask someone to later tear it down. Councilmember Butler agreed and added that he plans to visit the locations where revocable licenses have been issued and see what they look like. Councilmember Morrison being absent and no one else on the Council having a conflict of interest regarding them, there was no need to vote separately on Items 14 through 16. MOTION: To approve Item 13 and the following items: 14. Approve two revocable licenses for 250 Bayview Avenue for private improvements encroaching into the City’s street rights-of-way for Bayview Avenue and Beach Road. Owner: Mandana Farhang. Applicant: Hank Bruce Architects. 15. Approve revocable license for private improvements in the City’s right-of-way at 144 Bella Vista Avenue. Owner/applicant: Emile J. Chapot, Jr. 16. Approve two revocable licenses for 10 Pomander Walk for private improvements encroaching into the City’s street rights-of-way for Pomander Walk and Bella Vista Avenue. Owner: Paul V. Wiseman. Applicant: Hunter Architecture. MOVED: By Berg, seconded by Cromwell; approval unanimous (Morrison absent) Mayor Telischak recused himself from Item 17. 17. Approve revocable license for private improvements in the City’s Beach Road right- of-way at 19 Belvedere Avenue. Owner: Mark Loustau. Applicant: Hank Bruce Architects MOTION: Approval. MOVED: By Berg, seconded by Cromwell VOTE: AYES: Berg, Butler, Cromwell ABSENT: Morrison ABSTAIN: Telischak Minutes of the Regular Meeting of the Belvedere City Council April 2, 2007 Page 6 of 7 PUBLIC HEARING ITEMS 18. A public hearing to determine whether the public necessity, health, safety or welfare require the removal of poles, overhead wires and related structures and the underground installation of wires and facilities for the San Rafael Avenue Underground Utility District Mayor Telischak read a synopsis of the order of events for consideration of this matter, the public hearing, counting of ballots, and Council vote. City Engineer Branz presented the staff report. No written protests have been received. In response to a question from the Mayor, Mark Pressman of Wulff, Hansen & Company outlined the process of setting an interest rate and issue date for the bonds. No one from the public wished to speak. Mayor Telischak gave the last call for submission of ballots and then closed the public hearing. He called a ten minute recess while Deputy City Clerk Carpentiers counted the ballots assisted by Mike Evans of ILS Associates, Scott Ferguson of Jones Hall, and Deputy City Attorney Smith. City Engineer Branz announced that the result of the first count. [A total of 38 ballots were cast, two were not properly filled out and were not counted, 86% of the lawful ballots were in favor of the underground utility district.] MOTION: To adopt the resolution. MOVED: By Berg, seconded by Cromwell; approval unanimous (Morrison absent) OTHER SCHEDULED ITEMS 19. Award contract for San Rafael Avenue Utility Undergrounding Assessment District and Street Improvements City Engineer Branz presented the staff report. The Council commended him for the successful launching of another undergrounding project. Branz thanked district residents John Pearson and John Levorsen and Irv Schwartz of ILS Associates for helping make the project a reality. MOTION: Award the contract MOVED: By Butler, seconded by Berg; approval unanimous (Morrison absent) Minutes of the Regular Meeting of the Belvedere City Council April 2, 2007 Page 7 of 7 ADJOURN MOTION: To adjourn. MOVED: By Butler, seconded by Berg; approval unanimous (Morrison absent) The meeting was adjourned at 9:55 PM.