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Minutes

Belvedere City Council
April 8, 2024

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Minutes
Meeting
April 8, 2024
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Belvedere City Council
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5
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OF BELVEO
E S T. 1B 9 6
City of Belvedere
City Council Meeting - Regular Meeting Minutes
Monday, April 08, 2024 - 6:30 PM
City Council Chambers City Hall: 450 San Rafael Avenue, Belvedere CA• Phone 415.435.3838 City of Belvedere Internet Address: https: www.cityofbelvedere.org

1. CALL TO ORDER
The Regular Meeting of the Belvedere City Council was convened at 6:30 p.m. in the City Council Chambers by Mayor Peter Mark.

2. ROLL CALL
PRESENT: Councilmembers Sally Wilkinson, Nancy Kemnitzer, Vice Mayor Jane Cooper, Mayor Peter Mark
ABSENT: Councilmember Jim Lynch
STAFF PRESENT: City Manager Robert Zadnik, Attorney Amy Ackerman, Administrative Services Director Helga Cotter, Planning and Building Director Rebecca Markwick, Building Official Brian Van Son, Associate Planner Samie Malakiman, and City Clerk Beth Haener

3. REPORTS AND PRESENTATIONS

3.A. City Council Reports
City Councilmembers reported on attendance at intergovernmental agency meetings, and updates since the last meeting.

Mayor Mark called for public comment and, seeing none, closed public comment.

3.B. City Manager Report
City Manager Robert Zadnik provided updates to City Council.

Mayor Mark called for public comment and, seeing none, closed public comment.

3.C. Presentation from Larry Binkley, Member of the Marin County Commission on Aging Larry Binkley, Member of the Marin County Commission on Aging, presented a report on the commission, and took questions from Council.

Mayor Mark called for public comment, and seeing none, closed public comment.

3.D. Presentation from Peyton Stein, Member of the Concerts in the Park Committee, Peyton Stein, Member of the Concerts in the Park Committee, presented a report requesting funds for the 27th annual Concerts-in-the-Park, and took questions from Council.

Mayor Mark called for public comment, and seeing none, closed public comment.

3.E. Presentation from Adam Gavzer, Chair of the Belvedere Block Captains Adam Gavzer, Chair of the Belvedere Block Captains, presented a report requesting funds for a community barbecue, picnic and emergency preparedness day, and took questions from Council.

Mayor Mark called for public comment, and seeing none, closed public comment.

4. DECLARE ELECTION RESULTS

4.A Adoption of a Resolution Reciting the Facts of the Primary Election Held on March 5, 2024 and Declaring the Results of Measure C (Fire and Emergency Medical Services Appropriations Limit Adjustment)
City Clerk Beth Haener presented the item and took questions from Council.

Mayor Mark called for public comment, and seeing none, closed public comment.

MOTION: A motion was made by Councilmember Kemnitzer, seconded by Councilmember Wilkinson, to adopt a resolution reciting the facts of the Presidential Primary Election held on March 5, 2024, and declare the results of Measure C.

Aye: 4 Cooper, Kemnitzer, Wilkinson, Mayor Mark
Nay: None

Absent: Lynch
Abstain: None

5. CONSENT CALENDAR
A motion was made by Councilmember Kemnitzer, seconded by Councilmember Wilkinson, to approve the consent calendar. The motion was carried by the following vote.

Aye: 4 Cooper, Kemnitzer, Wilkinson, Mayor Mark
Nay: None

Absent: Lynch
Abstain: None

5.A. Motion to Approve the Warrants for February 2024
ACTION: Item Approved.

5.B. Motion to Approve the request from the Concerts-in-the-Park Committee for $5,000 to fund the 27th annual Concerts-in-the-Park
ACTION: Item Approved.

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5.C. Motion to Approve the Cost to Provide Fire Protection and Emergency Services in Fiscal Year 2024-25 will exceed $450,000
ACTION: Item Approved.

5.D. Motion to Approve Resolution 2024-12 Allocating Road Repair and Accountability Act (SB 1) Funds Estimated at $54,333 in the FY2024-25 Capital Improvement Plan Budget ACTION: Item Approved.

5.E. Motion to Approve the Minutes of the March 11, 2024 Regular City Council Meeting ACTION: Item Approved.

Aye: 3 Cooper, Wilkinson, Mayor Mark
Nay: None

Absent: Lynch
Abstain: Kemnitzer

5.F. Motion to Approve the request from Adam Gavzer for $1,500 to fund a Community BBQ, Picnic and Emergency Preparedness Day
ACTION: Item Approved.

6. PUBLIC HEARINGS

6.A. Introduction & First Reading of an Ordinance of the City of Belvedere to Discontinue the Mills Act Program (Deleting Belvedere Municipal Code Section 21.20.120) Planning and Building Director Rebecca Markwick presented the item and took questions from Council.

Mayor Mark opened the public hearing and called for public comment. Public comment was made by the following: Suzanne Du Molin.

MOTION: A motion was made by Councilmember Wilkinson, seconded by Councilmember Kemnitzer, to approve the first reading of the ordinance

Aye: 4 Cooper, Kemnitzer, Wilkinson, Mayor Mark.

Nay: None

Absent: Lynch
Abstain: None

6.B. Introduction & First Reading of an Ordinance of the City of Belvedere to Amend the Construction Time Limit Ordinance to Require Reactivation of Building Permits for Projects that Exceed their Time Limits (Amending Belvedere Municipal Code Sections 16.04.030 and

20.04.035), and Adoption of Corresponding Amendments to the City's Administrative Policy Manual (Policy 14.4)
Building Official Brian Van Son presented the item and took questions from Council.

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Mayor Mark opened the public hearing and called for public comment. Public comment was made by the following: Ken Johnson and Pat Carapiet.

MOTION: A motion was made by Councilmember Kemnitzer, seconded by Councilmember Wilkinson, to approve the first reading of the ordinance with requested amendments, and defer the proposed administrative policy manual changes until the next regular City

Aye: 4 Cooper, Kemnitzer, Wilkinson, Mayor Mark.

Nay: None

Absent: Lynch
Abstain: None

7. OTHER SCHEDULED ITEMS

7.A. Discussion and Possible Action Concerning a Funding Request (up to $125,000) for Martha Property
Administrative Services Director Helga Cotter introduced the item. Erica Williams, Senior Project Manager and Bay Area Program Director of the Trust for Public Land, and Jerry Riessen of the Tiburon Open Space, gave a presentation and took questions from Council.

Mayor Mark called for public comment. Public Comment was made by the following: Ken Johnson and George Landau
MOTION: A motion was made by Councilmember Cooper, seconded by Councilmember Kemnitzer, to approve a contribution of the amount of $125K, based on the Finance Committee's recommendation to be included in the FY2024, to go towards the purchase of the Martha

Aye: 4 Cooper, Kemnitzer, Wilkinson, Mayor Mark.

Nay: None

Absent: Lynch
Abstain: None

7.B. Discussion and Possible Action on a Revocable license for private improvements in the public right-of-way along Windward Road for the property at 32 Windward Road ssociate Planner Samie Malakiman presented the item and took questions frol ouncil. Applicant's representative John Swain also took questions from Counc Mayor Mark called for public comment, and seeing none, closed public comment.

MOTION: A motion was made by Councilmember Kemnitzer, seconded by Councilmember Cooper, to approve the request for a revocable license at 32 Windward Road for existing improvements in the

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Aye: 4 Cooper, Kemnitzer, Wilkinson, Mayor Mark.

Nay: None

Absent: Lynch
Abstain: None

7.C. Discussion and Possible Action on a Revocable license for private improvements in the public right-of-way along West Shore Road for the property at 95 West Shore Road Councilmember Wilkinson stated for the record that her residence is within 500 feet of the subject property and therefore she must recuse herself from this item.

Associate Planner Samie Malakiman presented the item and took questions from Council. Applicant's representative Phebe Holscher also took questions from Council.

Mayor Mark called for public comment, and seeing none, closed public comment.

MOTION: A motion was made by Councilmember Kemnitzer, seconded by Councilmember Cooper, approve the request for a revocable license at 95 West Shore Road for existing improvements in the West Shore Road right-of-way for: Retaining Wall, Gate, Handrail, Driveway and Entryway, Garage, Residence, and Landscaping.

Aye: 3 Cooper, Kemnitzer, Mayor Mark.

Nay: None

Absent: Lynch
Abstain: Wilkinson

8. OPEN FORUM
Mayor Mark called for public comment. Public comment was made by the following: John Pollock and Jill Barnett. Seeing no one else, Mayor Mark closed the open forum.

9. ADJOURN
here being no further business to come before the Belvedere City Council, Mayor Mar diourned the Reaular Meeting of the Belvedere City Council at 9:35 p.

APPROVED:

Peter Mark, Mayor
ATTEST: BernHaener
Beth Haener, City Clerk

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