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Minutes

Belvedere City Council
August 12, 2024

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Minutes
Meeting
August 12, 2024
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Belvedere City Council
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ELVEDER
6 37.1896
City of Belvedere
City Council Meeting - Regular Meeting Minutes
Monday, August 12, 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: Councilmember Nancy Kemnitzer, Councilmember Jim Lynch, Vice Mayor Jane Cooper and Mayor Peter Mark
ABSENT: Councilmember Sally Wilkinson
STAFF PRESENT: City Manager Robert Zadnik, Attorney Andrew Shen, Administrative Services Director Helga Cotter, Planning and Building Director Rebecca Markwick, Public Works Director Antony Boyd, Building Official Brian Van Son, Police Chief Jason Wu, 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. Hearing none, he closed public comment.

4. CONSENT CALENDAR
Councilmember Cooper requested items 4.D. and 4.E. be removed from the Consent Calendar for further discussion. A motion was made by Mayor Mark, seconded by Councilmember Kemnitzer, to approve items 4.A., 4.B., 4.C. and 4.F. in one motion. The motion was carried by the following vote.

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

Absent: 1 Wilkinson
Abstain: None

4.A. Motion to Approve the Warrants for July 2024
ACTION: Item Approved.

4.B. Motion to Award Contract for the 2024 Road Maintenance Project in the Amount of $225,141 to QA Constructors, Inc. with a 25% Contingency for City Engineer Approved Field Modifications and Change Orders
ACTION: Item Approved.

4.C. Motion to Approve the Minutes of the July 8, 2024 Regular City Council Meeting ACTION: Item Approved.

4.F. Motion to Approve Response to Marin County Civil Grand Jury Report Entitled "Cyber Preparedness: Are we there yet?" and Authorize the Mayor to Sign on Behalf of the City ACTION: Item Approved.

Items removed for further discussion

4.D. Motion to Adopt Resolution No. 2024-27 Approving the City of Belvedere Annex for Inclusion into the 2023 Marin County Multi-Jurisdictional Local Hazard Mitigation Plan Councilmember Cooper asked questions of City Manager Zadnik Mayor Mark called for public comment, and seeing none, closed public comment.

MOTION: A motion was made by Councilmember Cooper, seconded by councilmember Lynch to Adopt Resolution No. 2024-27 Approving he City of Belvedere Annex for Inclusion into the 2023 Marin County Multi-Jurisdictional Local Hazard Mitigation Plan

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

Absent: 1 Wilkinson
Abstain: None

4.E. Motion to Approve Amendments to the Administrative Policy Manual, Policy 14.1 Staging and Parking Plan Review Criteria
Council asked questions of City Manager Zadnik and Building Official Brian Van Son.

Mayor Mark called for public comment. Hearing none, he closed public comment.

No action was taken on this item. Council called for a continuance at a future Council meeting.

5. PUBLIC HEARINGS

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5.A. An Appeal of the Construction Time Limit Penalties Assessed to the Construction Project at 89 West Shore Road.

Building Official Brian Van Son presented the item and took questions from Council.

Mayor Mark opened the public hearing. Jeremy Faull, the appellant's project manager, presented to Council.

Mayor Mark called for public comment. Hearing none, he closed public comment.

MOTION: A motion was made by Councilmember Lynch, seconded by Councilmember Cooper to alter the Construction Time Limit Penalties Assessed to the Construction Project at 89 West Shore Road to $3,600

Aye: 3 Kemnitzer, Lynch, Cooper
Nay: 1 Mayor Mark

Absent: 1 Wilkinson

5.B. An Appeal of the Construction Time Limit Penalties Assessed to the Construction Project at 22 Eucalyptus Road
Mayor Mark stated for the record that his residence is within 500 feet of the subject property and therefore he must recuse himself from this item.

Building Official Brian Van Son presented the item and took questions from Council.

Vice Mayor Cooper opened the public hearing. Property owner Laurent Lefouet presented to Council.

Vice Mayor Cooper called for public comment. Public comment was made by the following: Phoebe Holscher and Jorden Guthrie.

MOTION: A motion was made by Councilmember Kemnitzer, seconded by Councilmember Cooper to deny the appeal of the Construction Time Limit Penalties Assessed to the Construction Project at 22 Eucalyptus Road

Aye: 3 Kemnitzer, Lynch, Cooper
Nay: None

Absent: 1 Wilkinson
Recused: 1 Mayor Mark

6. OTHER SCHEDULED ITEMS

6.A. Discussion and Possible Action on a Revocable License for Private Improvements in the City-owned Tide Lot for the property at 228 Beach Road
Associate Planner Samie Malakiman presented the item and took questions from Council.

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Mayor Mark called for public comment. Public comment was made by the following.

Lillian Murray.

MOTION: A motion was made by Councilmember Cooper, seconded by Councilmember Lynch, to approve a request for a revocable license at 228 Beach Road for existing and new improvements in the City- owned tide lot (APN: 060-213-11) for: (Existing) Retaining walls, and (New) Staircase, Landings, and Landscaping, with amendments noted by Councilmember Lynch

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

Absent: 1 Wilkinson
Abstain: None

6.B. Discussion and Possible Action on a Revocable License for Private Improvements in the Public Right-of-Way Along 26 Peninsula Road.

Associate Planner Samie Malakiman presented the item and took questions from Council.

Mayor Mark Cooper called for public comment. Public comment was made by the following: Ken Friedman
MOTION: A motion was made by Mayor Mark, seconded by
Councilmember Lynch to approve a request for a revocable icense at 26 Peninsula Road for existing improvements in th Peninsula Road right-of-way for: (Existing) Driveway, Walkway, and

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

Absent: 1 Wilkinson

7. OPEN FORUM
Mayor Mark called for public comment. Hearing none, he closed the open forum.

8. ADJOURN
With no further business on the agenda, Mayor Mark adjourned the Regular Meeting of the Belvedere City Council at 9:25 p.m
APPROVED!
Peter Mark, Mayor
ATTEST: Bellh
Beth Haener, City Clerk

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