BELVEDER
EST. 1896
City of Belvedere
City Council Meeting - Regular Meeting Minutes
Monday, September 09, 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 5:30 p.m. in the City Council Chambers by Mayor Peter Mark.
2. ROLL CALL
PRESENT: Councilmember Jane Cooper, Nancy Kemnitzer, Jim Lynch, Sally Wilkinson, and Mayor Peter Mark
ABSENT: None
STAFF PRESENT: City Manager Robert Zadnik, Attorney Andrew Shen, Wu, Associate Planner Samie Malakiman, and City Clerk Beth Haener
3. PUBLIC COMMENT ON CLOSED SESSION, AGENDA ITEM 5.A
There were no public attendees.
4. ADJOURN TO CLOSED SESSION
5. CLOSED SESSION
5.A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1).)
(1) Golden Gate Belvedere, LLC v. City of Belvedere, Case No. CIV2203266 (Marin County Sup. Ct., filed October 7, 2022)
(2) Scott L. Robertson v. City of Belvedere, Case No. CV0002045 (Marin County Sup.
Ct., filed February 14, 2024)
6. RECONVENE IN OPEN SESSION AND ANNOUNCE ACTIONS TAKEN IN CLOSED
SESSION, AS REQUIRED
Mayor Mark stated there was nothing to report from the closed session.
7. REPORTS AND PRESENTATIONS
7.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. Public comment was made by the following:
William Rothman.
7.B. City Manager Report
City Manager Robert Zadnik provided updates to City Council.
Mayor Mark called for public comment and, hearing none, closed public comment.
7.C. Badge Pinning of Sergeant Jeremy Clark
Police Chief Jason Wu presented Sergeant Jeremy Clark with a Sergeant Badge; formalizing Sergeant Clark's promotion.
Mayor Mark called for public comment and, hearing none, closed public comment.
8. CONSENT CALENDAR
Councilmember Kemnitzer requested item 8.C. be removed from the Consent Calendar for further discussion, and Councilmember Cooper requested item 8.D. be removed for turther discussion. A motion was made by Councilmember Lynch, seconded by Councilmember Wilkinson, to approve items 8.A., 8.B., and 8.E. in one motion. The motion was carried by the following vote.
Aye: 5 Cooper, Kemnitzer, Lynch, Wilkinson, Mayor Mark
Nay: None
Absent: None
Abstain: None
8.A. Motion to Approve the Warrants for August 2024
ACTION: Item Approved.
8.B. Motion to Receive the City's Fourth Quarter Investment Report ACTION: Item Approved.
8.E. Motion to Approve the Minutes for the August 12, 2024, City Council Regular Meeting ACTION: Item Approved.
Items removed for further discussion
8.C. Motion to Approve a Resolution Authorizing the City Manager to Delegate Determinations Regarding Employee Disability Retirements to the Director of Administrative Services
Councilmember Kemnitzer commented on the item and asked questions of Administrative Services Director Helga Cotter.
No action was taken, and the item was continued for a future Council meeting.
Mayor Mark called for public comment and, hearing none, closed public comment.
8.D. Motion to Authorize the City Manager to Execute a Contract with ClearSource Financial Consulting for a Citywide Comprehensive Fee Study, not to exceed $19,980 Councilmember Cooper commented on the item and asked questions of Administrative Services Director Helga Cotter.
Mayor Mark called for public comment and, hearing none, closed public comment MOTION: A motion was made by Councilmember Cooper and seconded by Councilmember Wilkinson to authorize the City Manager to execute a contract with ClearSource Financial Consulting for a citywide Comprehensive User Fee Study.
Aye: 5 Cooper, Kemnitzer, Lynch, Wilkinson, Mayor Mark
Nay: None
Absent: None
Abstain: None
9. PUBLIC HEARINGS
9.A. An Appeal of the Construction Time Limit Penalties Assessed to the Construction Project at 54 Peninsula Road for the Amount of $83,700
Building Official Brian Van Son presented the item and took questions from Council.
Mayor Mark opened the public hearing. Appellant Charlotte and Jon Doyle presented and took questions from Council.
Mayor Mark called for public comment and, hearing none, closed the Public Hearing and brought it back to Council for discussion.
MOTION: A motion was made by Councilmember Lynch and seconded by Councilmember Wilkinson to reduce the assessment of penalties ir an amount equivalent to four weeks ($25,200) and impose, by resolution, a total penalty of $58,500.
Aye: 5 Cooper, Kemnitzer, Lynch, Wilkinson, Mayor Mark
Nay: None
Absent: None
Abstain: None
Councilmember Lynch stated for the record that he needed to leave the meeting.
9.B. Introduction & First Reading of an Ordinance of the City of Belvedere Amending Belvedere Municipal Code Section 3.28.080, to Update the Fire and Emergency Medical Services Tax Rates for Fiscal Year 2024-2025 Administrative Services Director Helga Cotter presented the item and took questions from Council.
Mayor Mark called for public comment and, hearing none, closed the Public Hearing and brought it back to Council for discussion.
MOTION: A motion was made by Councilmember Kemnitzer and seconded by Councilmember Cooper to Approve the First Reading of an Ordinance of the City of Belvedere for Proposed Amendments to Belvedere Municipal Code (BMC) Section 3.28.080.
Aye: 4 Cooper, Kemnitzer, Wilkinson, Mayor Mark
Nay: None
Absent: 1 Lynch
Abstain: None
10. OTHER SCHEDULED ITEMS
10.A. Discussion and Possible Action on a Revocable License for private improvements in the public right-of-way for the property at 4 West Shore Road Associate Planner Samie Malakiman presented the item and took questions from Council.
Landscape Architect Micheal Erskine took questions from Council.
Mayor Mark called for public comment and, hearing none, closed public comment MOTION: A motion was made by Councilmember Kemnitzer and seconded by Councilmember Wilkinson to approve a request for a revocable license at 4 West Shore Road for existing improvements in the West Shore Road right-of-way for: (Existing) Driveway, Walkway, and Landscaping.
Aye: 4 Cooper, Kemnitzer, Wilkinson, Mayor Mark
Nay: None
Absent: 1 Lynch
Abstain: None
10.B. Recommendation to Approve Resolution No. 2024-31 Adopting an Updated Emergency Operation Plan
City Manager Robert Zadnik presented the item and City Manager Zadnik and Police Chief Wu responded to questions from Council.
Mayor Mark called for public comment and, hearing none, closed public comment.
MOTION: A motion was made by Councilmember Kemnitzer and seconded by Councilmember Wilkinson to approve a resolution adopting the updated Emergency Operations Plan, with amendments requested by Council
Aye: 4 Cooper, Kemnitzer, Wilkinson, Mayor Mark
Nay: None
Absent: 1 Lynch
Abstain: None
11. OPEN FORUM
Mayor Mark called for public comment and, hearing none, closed the Open Forum.
12. ADJOURN
There being no further business to come before the Belvedere City Council, Mayor Mark Adjourned the Regular Meeting of the Belvedere City Council at 8:46 p.m.
APPROVED:
Peter Mark, Mayor
ATTEST: IDen
Beth Haener, City Clerk