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Minutes

Belvedere City Council
January 13, 2025

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Minutes
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January 13, 2025
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Belvedere City Council
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C 3 T. 1896
City of Belvedere
City Council Meeting - Regular Meeting Minutes
Monday, January 13, 2025 - 5:30 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 convened at 5:30 p.m. in the City Council Chambers by Mayor Jane Cooper

2. ROLL CALL
PRESENT: Councilmember Kevin Burke, Pat Carapiet, Peter Mark, Sally Wilkinson, and Mayor Jane Cooper
ABSENT: None
STAFF PRESENT: City Manager Robert Zadnik, Attorney Andrew Shen, Administrative Services Director Helga Cotter, Planning anc Building Director Rebecca Markwick, Public Works Directo Antony Boyd, Building Official Brian Van Son, Police Chief Jason 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)
(3) County of Marin, et al. v. Monsanto Co., et al., Case No. CV2202843 (Marin County Sup. Ct., filed September 8, 2022)

6. RECONVENE IN OPEN SESSION AND ANNOUNCE ACTIONS TAKEN IN CLOSED

SESSION, AS REQUIRED
City Attorney Andrew Shen stated for the record that Councimember Wilkinson and Councilmember Mark were recused from Closed Session item 5.A. item 2, due to the proximity of their residents to the property in question, and that the remaining Council unanimously voted to deny the claim submitted for the same item, 5.A. item 2.

Mayor Cooper requested a moment of silence in honor of Belvedere resident and former Mayor Connie Wiley, who passed away on December 24, 2024.

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 Cooper 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 Cooper called for public comment and, hearing none, closed public comment.

7.C. Police Chief Report
Police Chief Jason Wu presented the Belvedere Police Department Quarterly Report and took questions from Council.

Mayor Cooper called for public comment and, hearing none, closed public comment.

7.D. Presentation by Adam Gavzer Regarding the 2025 Belvedere Home-Made Film Festival Belvedere resident and creator of the Belvedere Home-Made Film Festival, Adam Gavzer, reported on last year's event and requested funding for this summer's event.

Mayor Cooper called for public comment and, hearing none, closed public comment.

8. CONSENT CALENDAR
A motion was made by Councilmember Mark, seconded by Councilmember Burke, to approve the consent calendar in one motion. The motion was carried by the following vote.

Aye: 5 Burke, Carapiet, Mark, Wilkinson, Mayor Cooper
Nay: None

Absent: None
Abstain: None

8.A. Motion to Approve the Warrants for December 2024
ACTION: Item Approved.

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8.B. Motion to Adopt Resolution 2025-01 Designating signatories for the City of Belvedere's Westamerica Bank Operating & Payroll Accounts, and Resolution 2025-02 Designating signatories for the City of Belvedere's Westamerica Line of Credit ACTION: Item Approved.

8.C. Motion to Approve Appropriation of $5,000 to Fund the 2025 Belvedere Home-Made Film Festival
ACTION: Item Approved.

8.D. Motion to Approve the Minutes for the December 9, 2024, City Council Regular Meeting ACTION: Item Approved.

8.E. Motion to Approve Resolution 2025-03 accepting the recent update(s) to the Belvedere Police Department Policy Manual (Lexipol)
ACTION: Item Approved.

9. PUBLIC HEARINGS

9.A. Introduction & First Reading of an Ordinance of the City of Belvedere Amending Belvedere Municipal Code Chapters 19.79 "Accessory welling Units and Junior Accessory welling Units"
Planning and Building Director Rebecca Markwick presented the item and took questions from Council
Mayor Cooper 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 Mark and seconded by Councilmember Wilkinson to approve the First Reading of an Ordinance of the City of Belvedere Amending Belvedere Municipal ode Chapters 19.79 "Accessory welling Units and Junio
cessory welling Units.

Aye: 5 Burk, Carapiet, Mark, Wilkinson, Mayor Cooper
Nay: None

Absent: None
Abstain: None

9.B. An Appeal of the Construction Time Limit Penalties Assessed to the Construction Project at 30 Cliff Road for the Amount of $187,200
Building Official Brian Van Son presented the item and took questions from Council.

Mayor Cooper opened the public hearing. Appellant Ben Jacoby presented and took questions from Council.

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Mayor Cooper 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 Mark and seconded by Councilmember Wilkinson to deny the appeal and reduce the assessment of penalties in an amount equivalent to forty-five (45) days ($54,000) and impose, by resolution, a total penalty of $133,200 Burk, Carapiet, Mark, Wilkinson, Mayor Cooper
None
None
Abstain: None

10. OTHER SCHEDULED ITEMS

10.A. Discuss Updates to the Facility Use Contracts Between the City and the Ranch (the Belvedere-Tiburon Joint Recreation Department) and Consider Appointing Two Council Liaisons to Aid Staff with the New Agreements
City Manager Robert Zadnik presented the item to questions from Council.

Mayor Cooper called for public comment and, hearing none, closed public comment.

MOTION: A motion was made by Councilmember Carapiet and seconded by Councilmember Mark to assign Councilmember Wilkinson and Councilmember Burke to work with Tiburon and the Belvedere- Tiburon Joint Recreation Committee to review and update various contacts with the Ranch

Aye: 5 Burk, Carapiet, Mark, Wilkinson, Mayor Cooper
Nay: None

Absent: None
Abstain:

10.B. Consideration of a Revocable License for Private Improvements in the Public Right-of- Way Along the Property at 81 West Shore Road
Associate Planner Samie Malakiman presented the item and took questions from Council. Applicant David Thompsom took questions from Council.

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

MOTION: A motion was made by Councilmember Mark and seconded by Councilmember Carapiet to approve a request for a revocable license at 81 West Shore Road for improvements in the West Shore Road right-of-way for: (New) Driveway Pavers and (Existing) Landscaping.

Aye: 5 Burk, Carapiet, Mark, Wilkinson, Mayor Cooper
Nay: None

Absent: None
Abstain: None

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10.C. Discussion and Possible Action Regarding the Planning Commission's Composition and Membership, as set forth in Belvedere Municipal Code, Chapter 2.28 City Manager Robert Zadnik presented the item to questions from Council.

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

Steger Johnson.

Council directed staff to make changes to the Belvedere Municipal Code and to the Administrative Policy Manual to adjust the Planning Commission Composition from 7 Commissioner seats to 5 with up to two alternates, and to bring these policy changes back to Council for discussion and possible action at the March Council meeting.

11. OPEN FORUM
Mayor Cooper 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 Cooper adjourned the Regular Meeting of the Belvedere City Council at 8:58 p.m.

APPROVED: _ Jat cooper aper
ATTEST: Beh ltz
Beth Haener, City Clerk

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