Right. Do we want to kick off?
Yes, please. Okay. I will call to order
this uh January 12th council meeting at
5:00. Beth, can you call the role,
please?
>> Council member Cooper,
>> Council Member Burke,
>> here.
>> Mayor Wilkinson,
>> present.
>> Council member Mark,
>> here.
>> Council member Keriet,
>> here.
>> Okay, we are going to be going into
closed session. Um and I um Beth, do we
have any public comment on those close
session items?
>> There are no attendees.
>> Okay. In that case, I think we can
adjourn to go into close session.
Adam.
» Okay, I'm going to call back to order
this uh council meeting. Nothing to
report out from our closed session.
Beth, do I do you need to do another
roll call or we're fine? No. Okay,
perfect. Okay, we are um going to move
on to item number 3A, city council
reports. Does any council member have a report?
>> I I I have a quick report. I attended
the um January RBR um meeting and um I'd
like to report that the um anchor routes
um in Richardson Bay are down to the
number five and they uh three of those
five are currently actively in the
process of getting um housing
um on land. So, the numbers are
dwindling and they do anticipate having
everyone out of the um EEL zone um by October of this year.
>> Thank you. Anybody else?
>> I I didn't really have a council report,
but I know that we're um planning on um
placing uh Mr. Snyder back uh I'm
assuming back on the mosquito and vector
control district. And I was just going
to remind everyone that we decided we at
one point we'd love to have our um
agencies come and speak to us at
sometime. And I think it would be nice
if we could also hear from him whether
over Zoom or in person and also um Larry
Binkley who's our representative to the
Marin County Commission on Aging.
So, so Beth, can you think about that in
terms of the next few months agendas to
get these people uh scheduled? Uh,
anybody else? No. I'm going to give a
quick update on um Ring Clean Energy. Um
I'm not sure if people are following,
but uh PG& has made some pretty
aggressive moves as of January 1st. So
they are both cutting their generation
rate um and they're also there's
effectively an increase in the charge to
MCE consumers uh it's an indifferent
charge to charge consumers for the
ongoing cost to PG&E from the shift. So
um the result is that MCE rates right
now will be pretty uncompetitive to
compared to PG&E but MC is just going
into its budget and rate cycle. So over
the next few months those decisions will
get made and hopefully we will be able
to bring down rates for consumers as
well so that we will be able to be um
close to competitive with PG&.
» Um in that case I'm going to if with no
questions or comments from council I'm
going to open this section up for public
comment.
» We have Dr. Rothman.
>> Mr. Rothman. Good evening.
>> Yes. Thank you very much. I'm so glad
that uh Mayor Wilkinson
uh is keeping
uh a very close eye and a close hand on
what's happening uh with MCE.
Um
I know that when I I I read the
explanation in the J I'm sorry to say it
was too complex for me to understand. Um
but uh when MCE as it was announced at a
previous meeting uh that although the
cost of electricity were going down uh
the rate our rates were going up
and Sally intervened uh to get an
oversight committee. I think that's just
so wonderful. I don't know whether the
correction that she's hoping for can be
made. As I say, I I acknowledge it's a
very complex issue, but I'm so glad that
she's doing her best in in that respect.
Thank you very much.
>> Thank you, Dr. Rothman. Any further
comment, Beth?
>> Hands raised. Great. Okay, we're going
to move on to the city manager report.
Robert,
>> yes. Uh, thank you, Mayor Wilkinson. I
have a few updates this evening.
I'll start off by mentioning that over
the next couple of months, you may
notice a new face around city hall, uh,
Alex Olivaria will be helping out on a
temporary basis at the front desk while
we work through a position vacancy left
by Christina Cook. We'll be advertising
an opening for an administrative aid
technician this week. So, if you know
someone who will be a good who would be
a good fit, you'll be able to find
details on the position, including job
duties and salary, on the city's
website.
Shifting gears to public works, I'd like
to announce that the structural and
seismic update project for Beach Road is
in its final design stage. This project
will strengthen the failing seaw wall on
Beach Road, particularly in locations
where the seaw wall's foundation is
undized and would fail during an
earthquake. Notably, this project does
not increase the height of the seaw
wall. Even still, at $4.4 million, it
does represent a large public work
project that this one of the largest
that the city has tackled in several
decades. So with that in mind, we want
to uh ensure success. We've been working
with the mayor and director Boyd to
establish an ad hoc working group. This
group will be as will be asked to assist
staff in audit uh auditing the final
project plans, financials, contract bid
documents, and ultimately the
contractor's proposals over the next few
months. We're looking forward to having
the extra eyes and expertise on the
project before we ultimately bring it
back to city council to approve the
final project and the contract. We
anticipate the majority of the ad hoc
group meetings will be open to the
public for continuity. Some of the
project's EIR review committee that met
in 2022 will be returning. We're also
looking to pull in volunteers from the
finance committee and disaster
preparedness task force. We'll be
publishing a work plan and agenda. So,
keep your eye on the website if this
project interests you.
Moving on, there are a couple important
dates I don't want you to miss. First is
the annual town meeting which will be
held on January 27th at 6 PM. Please
join us to celebrate our 2025 citizen of
the year in CIS in the Merita. And the
second date to remember is in February.
We'll be hosting the annual council
retreat in the community center. We'll
be discussing a variety of important
future planning topics for the city.
That date will be Monday, February 23rd
from noon to 4 pm. Uh you can keep an
eye on the monthly newsletter with the
Belvier Breeze or you can check the
city's website for more information as
the events get closer.
And then finally, please be aware that
the special planning commission meeting,
which was originally scheduled for
tomorrow, the 13th, has been rescheduled
to the 2nd of February.
Uh on the agenda is the topic of
Mallerie's request to amend two
conditions of approval regarding the
expiration of the entitlements and when
the certificates of occupancy will be
issued for the project's build sequence.
In parallel, city staff continue to meet
with the developers team to work through
required information for the demolition
bulkhead per demolition and bulkhead
permits on that same project. Uh that's
all I have now, but I am open for
questions.
>> Do any council members have questions?
I I'm curious about the ad hoc group.
So, do you are is that open for people
to join at this point or do you feel
like you're pretty set on
um who who you want to have given that
you have certain groups?
>> That's something that the mayor, myself,
and public works director Boyd have been
talking about, you know, who's the who's
the best group of uh people to be on
there and looking at backgrounds and
experience. Um we've made we've made
some initial outreach to see who's
available and we're still working on
that but if you have recommendations
we'd certainly take them.
>> Okay. Yeah.
>> Great. Thanks.
>> Uh couple a question and a comment. Uh
first of all on the beach road
stabilization project. Do you have a
sense of the timing meaning when when the next milestones would be
reached?
>> Uh ideally we'd be going out to bid the
project sometime in February. There's a
few things that have to happen. Of
course, the schedule with this ad hoc
subcommittee has to align uh and give
the committee enough time to review the
documents. Like I said, we'll be they'll
be looking at final project plans, the
RFP, which is the, you know, kind of
contractor's bid package that ends up
being published, the financials, and
then finally after a couple of months of
the project being bid out, then we'd be
returning back with those bids and
reviewing those with the with the
working group as well. So between three
to four months is what we're estimating
before we get to that, you know, final
point where we be able to bring it back
to city council.
>> Perfect. Thank you.
>> Yeah.
>> And um
you mentioned this the second question
has to do with um um ancillary or or
additional staffing both for this
project, the the beach stabilization
project and potentially not potentially
but but but Malard Point as well. Um,
and I'm just curious, um, what's your
thinking or what are the what what's
the, um, the, um, not the algorithm, but but but your calculus to to when you
would bring those people in for those
two various projects, because I
understand that, especially with an
outside um, project like Mal Point,
there's there's ultimately a fixed fee
that this would go against and the
longer we have that person, the less the
more we spend for that person out of
that fee. So, we want to be efficient
about how we do that. I just curious
about your calculation for both those
projects when you think you would need
the the additional support.
>> Yeah, absolutely. It's a balance
between, you know, what we can afford
necessarily and, you know, what do we
actually need? I think for both
projects, there's a benefit in bringing
somebody on sooner than later. Um,
particularly with the seaw wall project,
knowing how complex that is and getting
that person integrated early.
>> I see the beach road
>> beach road seaw wall project. Yes. with
bringing them in and getting them
integrated with the project and the you
know the stakeholders is a good thing.
Um I think there's also benefits in
doing that with Malard Point all you
know to your point though we we do want
to make sure we're collecting fees and
revenue from that to to fund that
position. We're not getting too far
ahead of ourselves. Um, director Rebecca
Marwick has been working on uh doing
some outreach and she's she has a few
names on her list um of uh consulting
firms that do that type of project
management and oversight work
>> as as the uh I know you mentioned that
the um potential review by those
conditions move to February, but as that
gets resolved or whatever the subsequent
um steps might be, it would be great to
let us know specifically your timing and
the type person and when they would, you
know, come on board to to support the
staff that you already have.
>> Yeah, of course. I can keep you updated.
» Any other questions for Robert?
>> Oh, um, Robert, I know we we talked
about this separately, but I wanted to
raise it again in public. Obviously with
all of the um flooding that we saw
throughout Marin over the the weekend,
there's been questions raised about um
the extent to which the beach road
stabilization project may or may not
address any of the the flood the
potential flooding issues related to
that seaw wall. Can you just elaborate
on that?
>> Yeah, like I mentioned in the report,
this project and and truthfully that the
EI that was done to study this project
did not contemplate any increase in
height of the seaw walls. We're looking
that at that as a separate phase.
Really, we're focusing right now on
structurally improving the seaw wall so
it can withstand an earthquake event and
not topple over just over a long period
of time. Um, it's a costly project at 4
and a.5 million and to integrate uh
increasing the height of the seaw wall
would require would require more
engineering and more cost. Um, that's
something that we need to plan for in
the future and it's kind of on a
long-term outlook.
I think there is some nuance there
though however in that there are some
areas of that that stretch that are
being contemplated to be worked on where
there's clear settle settlement
>> um so at the end of the day I can
imagine you're going to leave it settled
you're going to probably restore it to
the elevations of the the the you know
immediate area I don't mean raising
everything but if something is
noticeably lower than other places it'll
probably at the end of the day be be
consistent in height with with the rest
of the wall I'm talking about like the
lower curve. I'm not talking about
anything higher,
>> right? Yeah. And it's a the more you dig
into that topic, it's actually fairly
complex about how the water enters
through those areas and ultimately could
get trapped even if you build up a small
segment. So, we had originally
contemplated a passive seaw wall that
didn't have any breaks, a continuous
height. That's something we'd have to
think about and it's something I've
asked Tony to look into with our
engineers is is there some kind of a an
intermediate phase that would give us
some real flood protection while we're
working on this project. So, it's uh
it's something we'll look into.
>> Okay. Um I'll open this to public
comment. Do we have any public comment,
Beth?
>> Yes, we have Dr. Rothman.
» Hi, Dr. Rothman.
Thank you very much. Uh with respect to
the uh beach road, there seem to be two
aspects and you've alluded to them in
your discussion this evening and Mr.
Zadnik did in his introduction. One is
strengthening the the location. when I
served on the uh flood committee,
whatever it was called, uh they said
there was no foundation under uh Beach
Road, that it was just big rocks and
small rocks, that there was no
intentional foundation in a sense of
resisting the water and that that was
the problem. And I'm glad that's being
dealt with. The second though doesn't
seem that complicated to me, and that's
the height.
Anyone who goes by there knows that
there is a seaw wall. It's about four 4
and 1/2 ft high. The only trouble is
it's got holes in it. I don't mean holes
from deterioration. It was designed with
openings in it. Now, whatever may be the
need for some long-term thing, if those
holes were simply filled up with
concrete,
it seems to me, unless Mr. Adnik has
some reason why it's not true that that
would keep the water, the waves and the
spray from coming over Beach Road. So, I
don't know. Sometimes when there's a
project, people want it to be a big
project. And maybe sometimes it does
have to be a big project, but now if you
look at the that the the wall that's
along there, you'll see that it's more
open with those holes than it is closed
with the stansions. So, I would like to
know whether someone on the council
could say why the simple measure of
filling up those holes isn't being done.
Thank you very much.
>> I have asked the same question. I'm
going to ask the same question to Robert
if you'd like to comment on it.
>> And like I said, it's a complex
engineering discussion. Uh when you
start looking into it, whether or not it
could uh reduce the amount of wave
action, that's one component. If you
recall what we've studied in this
project, that might be true. The the
more significant or severe condition is
the still water action. Uh I think
traditionally when you know agencies
look at uh providing real protection,
that's what they're trying to focus on
is how do we keep the still water out
and that's where the engineering
complexity comes into play of how that
water uh would enter that you know kind
of a hole with with a a seaw wall with
holes in it and how it would evacuate
afterwards. Um, it works great when you
have a full project. It doesn't work so
great when it's just peace meal. So,
again, that's something what we're
looking at with our uh our engineers and
hopefully we'll have an answer soon.
>> Okay. Thank you, Robert. Um, okay. We
are going to move on to item 3C, our
police chief report from Jason.
Which one? This.
» Okay. Thank you.
>> All right. Good evening, Mayor Wilkinson
and council members. Tonight, I'm
pleased to present the police
department's fourth quarter report for
2025.
Um, starting off with the department
policy manual. Now, during this quarter,
we updated 19 and implemented two new
lexable policies in alignment with amen
laws and best practices. And these
updates are detailed in the staff
report.
And during this quarter, the department
handled 801 incidents which included two
part one offenses and nine part two
offenses. And they are all highlighted
in bold. And the remaining 790 incidents
are generically classified as all other
incidents.
In another snapshot, the department
conducted nine traffic stops, made one
arrest, and referred one case for
prosecution. We received multiple
citizen appreciations and zero citizen
complaints. We also assisted Tibberon PD
on two occasions.
One applicant for the vacant police
officer position successfully met all
post pre-employment requirements.
Meanwhile, we are continuing to recruit
for reserve officers.
Regarding ARIPA data, officers detained
13 individuals stemming from nine
traffic violations, two suspicious
activities, and two mental wellness
checks. The perceived racial
compositions consisted of nine
Caucasians, one Hispanic, one Middle
Eastern, one Asian, and one Pacific
Islander. Of these 13 contacts, nine
were officer initiated while four were
related to calls for service. In all,
nine warnings were given, two citations
were issued, and one arrest was made.
And during this quarter, PD personnel
attended in-person and online training
that were either mandated or for
knowledge and skill enhancements. Uh
this during this quarter, Sergeant Clark
attended week two of the posts
supervisory school which he successfully
completed.
And as part of our ongoing community
policing, we always take great pride and
joy in participating in community
events.
And with that, I am available for
questions.
>> Does anyone from the council have
questions for Chief Woo?
>> No questions. Okay, let's open this up
for public comment.
We have Dr. Rothman.
» Hi Dr. Rothman.
>> Thank you very much. Um I'm sorry if it
seems like I'm monopolizing things, but
I these are all very uh interesting and
important things I believe. Um you know
the saying it can happen here. Uh well,
sometimes the things that can't happen
here do happen here. And I'm hoping that
the with the recent events of the
killing of the of of the woman in
Minneapolis,
my own opinion uh is that these ICE
people are irresponsible, many of them.
And I do hope that if it does happen
here, I don't mean that somebody gets
killed. God forbid that that should
happen. But if there is a coming to
Belvadier
of ICE
uh to arrest people, to deport them, I
do hope that the police department w
um a policy about how to deal with such
circumstances. I don't know what the
policy should be and I'm not
knowledgeable enough to make a
suggestion about what it should be, but
I do think that and it doesn't have to
be broadcast or something, but I do hope
that Chief Woo uh has considered that
and and will have a plan uh to to convey
to the officers if God forbid ICE comes
to Belvadier. Thank you very much.
Jason, would you like to comment?
>> Um, yes. U, in short, the Belvadier
Police Department along with the rest of
California law enforcements are governed
by SB2 with regarding to ICE activities
rendering assistance to ICE. It is not
our our job. In fact, we're prohibited
by law to assist ICE uh in immigration
enforcements.
>> Okay. Thank you. Okay. We will move on
to item 3D which is swearing in of
police officer Tyler Preston. Jason, I
think the floor is yours.
>> Thanks again, Mayor Wilkinson. It is
with great pleasure that I present
Officer Tyler Preston to the council and
to the community as the newest member of
the Belair Police Department.
Accompanying him tonight is his fiance
Jasmine and their oneyear-old son,
Atlas.
Tyler was born and raised in
Connecticut. While pursuing a college
degree, he became a corrections officer
for the state of Connecticut. Tyler's
passion for the great outdoors led him
on a journey to the west, where he
managed to visit 26 national parks along
the way. It was at this point that he
decided to move out to Northern
California to pursue his stream job as a
police officer.
Tyler began his law enforcement career
in 2023 with the Mil Valley Police
Department where he worked as a patrol
officer. Tyler is a community caretaker
at heart and has always expressed a
strong desire to work in Belvadier.
There is no doubt that he will serve our
residents with dedication and
professionalism.
What he enjoys the most is spending time
with his family in seeking outdoor
adventures. So at this time will officer
Tyler and his family please come to the
front of the das for the swearing
ceremony.
All right, please raise your right hand
and take office.
I
do solemnly swearly
that I will support and defend
the Constitution of the United States
and the Constitution of the States of
California. United States
against all enemies, foreign and
domestic against all enemies, foreign,
domestic. that I will bear true, faith,
excuse me, that I will bear true faith
and allegiance
to the Constitution of the United States
and the Constitution of California.
Constitution
>> that I take this obligation freely take
this obligation freely
>> without any mental reservation
>> for purpose of evasion
>> purpose of evation
>> and that I will well and faithfully
discharge I will well and faithfully
discharge
>> the duties upon which I sought to
accomplished.
Congratulations.
I think that's probably the youngest
member of our audience that we've seen
in a long time.
Okay, we're going to move on to item 3E,
which is I believe Adam, you're coming
to present on the homemade film festival
and the concerts in the park.
>> Good evening, Mayor Wilkinson and uh
council members. My name is Adam Gabser.
I'm here first on behalf of the
Belvadier Homemade Film Festival. I will
be producing a third annual event this
year and I am asking for your continued
support. Um, keeping the ask as the same
as last year. I think um, we had a
really successful year last year. I
ended up screening 33 films, had an
audience of about 350 people. In
addition, I ran uh, free film making
workshops at the library all summer. Had
about 200 attendees there and uh, that
brought a bunch of films in. I also
worked with the Redwood High School and
closely with the library um to get the
word out and to receive films. So, um I
won't go on any longer. I just want to
say uh I'm hoping for your support again
this year and I'll take any questions.
>> Any questions? Jane,
>> good evening.
I um wanted to know for
people who weren't able to attend or
couldn't stay through the whole viewing
experience, is is there ever a way that
you have that available that we could
either put on the city's website so
people could see it or there's a link to
it that we could put out in the breeze
so that people had the opportunity. I
think it would be nice since we
participate that people of Belvadier
could um go back and look at it if they
didn't have a chance and it might be
great advertising for you for next time.
>> Uh the short answer is yes. I have all
of the films. The question becomes
>> I don't mean those films. I meant the
one you put together.
>> Oh, my personal films.
>> The one that you showed us.
>> It's the films the the the curated films
that you showed at the film festival.
There were 33 films. Is that what we're
talking about?
>> Whatever you showed that night.
>> That night. Yeah. So, I do have all of
them.
>> Okay.
>> The question becomes,
have the filmmakers approve them to be
posted publicly on a website.
>> Okay.
>> And I don't know. I we could talk about
that. I'm happy to provide a link to all
of them and they could be posted on the
website, but I think I should check with
the filmmakers first to see whether
they're comfortable with that. But my
five films, you're welcome to.
>> I I misunderstood because I thought you
had created one film from all the
individual ones, but you load up each
one.
>> Correct. They're all loaded into a
PowerPoint presentation.
>> Oh, okay.
>> Which generally speaking should work,
but we had a little sniffer. But yeah.
>> Yeah. Okay. Well, if if anything like
that could happen, um
>> would that be something you'd want to
post on the city website?
>> It might be.
>> Okay.
>> Or it might be a link that we could send
out if that's possible.
>> I would love that.
>> Promote, promote, promote.
>> Yeah. I I just think people would
>> enjoy seeing what happened last year and
then it might entice more.
>> We might consider maybe just a
highlights of
>> or highlights of Yeah.
>> Okay. I'm happy to
>> anything along those lines. I think
>> great. I would love that.
>> Be great. Um, what one of the things
that happened last year at your event
was that B Ready Belvadier had their go
bag giveaway.
>> And um, those of us on the committee
thought it was it worked out really
well. I think there were some timing
ideas that could change, but is that if
the committee had another event, would
you be opposed to joining up that same
way having it the same evening?
>> So, I will come up with a double
negative. I am not opposed to it.
>> Okay.
>> Um, in fact, I think it was great. Uh
the I was going to talk to Pat a little
bit more about this as we get further
along with this timing, but I'm thinking
of starting my event at six o'clock. So
there's not that lag time because we had
people like, "Oh, we're here." And then
they came over to my event and was like,
"Wait, we're not ready for you." So I
thought if you start at 5 to 6, then
mine will start right at 6 so people can
just come straight over.
>> That that would be great. Either way,
either we start ours later or you start
earlier, but I think it would be great
to link up
>> and have people come down.
>> Agree.
>> Yeah.
>> And I just want to add something to what
Jane said is is that um I'm sure you
must have
some kind of agreement or something that
all these people with their
films um sign.
>> Yeah. when they submit on film freeway.
I think there is a waiver there that
you're giving me the right to screen
them at my festival.
I mean, we could also do it and wait for
people to say, "Wait, I don't want mine
up there." But
>> no, no, no. Not saying go to them and
ask permission, but maybe in the future
you can have
>> live there on anything that the city
funds since you do a lot of community
events that you know we always have the
right
>> to
use the content.
>> That's a great suggestion and I will
execute on that.
>> You might want to have some optouts
there. People that have children might
not want their kids all over the
internet.
Right.
>> Um, any other comments?
>> No, just thank you. They're both great
events.
>> I haven't talked about concerts yet.
Well,
>> Pety, are you up next for the concerts
or
>> Yeah.
>> Oh, I didn't My executive producer
» executive producer for the film
festival. Okay. Now, shall I switch
hats?
>> Okay. Now, we'll switch sides. Um, now
I'm here on behalf of the Belvadier
Concerts in the Park and uh we are now
planning our 29th event, 29th season uh
with four concerts, free concerts in the
park. We met this past Saturday to start
the process of uh selecting bands.
We are, you're probably very aware that
costs of things are just going up and
up, but we are very conservative on our
committee. We're really trying to keep
it tight. Um, so we're not increasing
our ask this year. We're asking for the
same amount last year and we're going to
be living within that budget. So, um,
the bands are not finalized as of yet.
Once that's settled, we will publicize
it in the normal way.
>> Any question?
>> Want to say we have a a small but mighty
committee and we actually even probably
got one or two bands figured out on
Saturday in one meeting. So, we have a
few more meetings. If you all have any
anybody has any b idea of bands, now's a
good time to to put them to Adam or me
and we can make sure they get
considered. Um, thank you for I just
want to say thank you always for
supporting us and always for coming to
the concerts because we love what we do
and we're really excited to be a part of
the community and be able to offer this.
>> Thank you to both of you. Any questions
from city council? No, I just want to
say that um for the concerts in the
park, I think that the community just
loves the concerts and the word has
gotten out. So now we're getting people
from all over and uh but people really
enjoy it and and I think that it's a
great community event that brings people
together in a very social fun way and I
think the same holds true for the film
festival. So, thank you both and your
co-en directors and everything else and
their committees for all their hard
work. We truly appreciate it.
>> Thank you.
>> Anybody else? No. Let's open for public
comment.
>> Uh, Mayor Wilkinson, there are no hands
raised.
>> Okay. Thank you to the three of you for
tonight and for everything that you do.
Um, okay. We will now move on to the
consent calendar. Um, the consent
calendar consists of items that the city
council considers to be routine or
council has discussed previously and do
not require further discussion. Unless
any item is specifically removed by any
member of the city council, the consent
calendar will be adopted by one motion.
Council will take public comment on all
items on the consent calendar when the
calendar is called. Um, so I believe
here that we're going to separate out E.
So, um, does anybody beyond that wish to
have any item? uh removed from the
consent calendar.
» No.
>> Nope. Um
should I seek public comment now? So,
let me uh ask for public comment on
consent calendar items 4A through 4 I
excluding 4E.
>> We have Dr. Rothman.
>> Dr. Rothman, welcome back.
>> I hardly left. Uh
I I'm sorry. I don't know how to put up
on my screen uh the c the agenda and the
pictures of you people. So I would like
to discuss or have discussed beyond
consent the item I don't know the number
of it but it's the one that involves uh
the the fine the $300,000 fine.
>> So Dr. that's the one that's been
removed separately so we can we can
treat that separately.
>> Thank you very much. Thank you.
>> Okay. So, can I get a motion to approve
4 A through 4 I with the exception of
4E?
>> So, moved. Second.
>> All in favor?
>> I
>> motion passes. Okay. So, let's move to
4E. And the reason this is separated is
because
>> yes, I am um I'm not recused, but I was
absent so I won't vote on it. So, I'll
abstain from discussion and voting.
>> Okay. And so, let's reopen this for
public comment.
Oh, we have no hands raised.
>> Oh,
>> Dr. Rothman, this is the item 4E
>> which is discussing 339 Golden Gate.
>> There we go. There he is.
» Thank you very much. Uh I for the long
discussion that you had uh this being I
guess you call the second reading or
something. It went on longer than I
could be by the uh by the computer. So I
didn't get to comment and since the item
is still open I would like to comment at
this time. I think you're making a big
mistake by pursuing uh this huge fine.
Uh, I look back over the cases, you've
only had one success in court on these
overtime fines, and that was back in
about 2005, and that was the Ley case,
and that case did not involve the same
issues, and it was only a $100,000 fine.
I think that's a very weak read on which
to hang any feeling that you may have
that you're going to succeed against
David Flare's situation.
Um I spoke with um uh Mr. Van's son and
asked him how many of the big projects
on the uh island itself get done in the
period of time and in the last three
years and he said none none get done.
Therefore uh it it's just hard to
construct things on the island. Uh and
um the fines keep going up from the
lately of $100,000. You're now up with
one of $300,000.
And um the bigger the fines, the more
likely that someone's going to sue. You
just found yourself out uh approximately
$130,000
uh with the case of the Lafuetses. If
you consider the legal expenses that you
had and the amount of money that you
have to pay the Lafuetses and that
doesn't include the extra staff time
that had to be put up. So I would
imagine that that case is costing
$160,000
and it you obviously felt that there was
something or the lawyers felt that there
was something weak about your case or
you wouldn't have given them $50,000.
Now uh
it said that we try to be fair. We have
to be fair. So we have to give the
fines. But if and you say in the
ordinances each of them that have come
up with the overtime it states clearly
we consider these time limits to be
reasonable. Well, if no one can get the
jobs done in the time, then by by
definition, they aren't reasonable
unless you consider that it's reasonable
to make unreasonable demands on people.
So instead of being fair to everyone,
you're becoming equally unfair to
everyone. And I would close by saying
that who is it who feels that this
ordinance that you're prosecuting under
is a bad ordinance? You people feel it.
And the reason I know that you people
feel it is because you changed it. If it
was a good ordinance, you would be
standing by it and saying, "Oh, this is
a good ordinance." But you know that
it's no good. So what's happening is in
my opinion, you're being unfair to
everyone. And I hope you're not going to
go along with this. If you want to go
over a financial cliff, okay, but please
don't take the residents over the edge
with you. Thank you very much.
Thank you for your comment. Okay, so
we're going to move to item 4E. Um,
>> excuse me, mayor. May I just add offer a
brief comment?
>> Of course you can.
>> All right. Thank you. My apologies. So,
we certainly always appreciate public
comment here at Belvadier City Council,
but I just do want to know for the
record that Mr. Vanson is not in
attendance tonight. He cannot speak to
the accuracy of Mr. Rothman's claim that
no projects are completed on time on the
island. Um, I won't go into all the
details here, but I believe that
statement is untrue. Again, you know,
Mr. Rothman has every right to make such
comment at these public meetings. Uh,
but again, I do just want to know note
that that statement is not verified in
any way. Thank you.
>> Thank you, Andrew. Okay. Um, can I get a
motion for 4E?
» I move to approve.
>> I'll second.
>> All in favor?
>> I.
and you're abstained. Okay.
All right. We are moving on to item
five, which is our um public hearing,
which is a second reading and approval
of an ordinance adopting the 2025
California Fire Code and 2025
California Wildland Urban Interface Code
as modified by Tibbron Fire Protection
District Ordinance number 133. Is there
a staff report?
>> No staff report. Mayor Wilkinson, I'll
just comment that this item was
introduced and uh approved on first
reading last month with the presentation
from our building official. Timberon
Fire Protection District also attended
to answer any questions. There were no
requests or changes or edits. So, we're
looking for a motion to approve the
attached ordinance. Ordinance is on a
second reading this evening.
>> Okay. Thank you. Um do any members of
council have any uh questions? Okay. In
that case, I will open the public
hearing. Beth, um, is there anybody
online that would like to make a
comment?
>> Traced. Okay. In that case, I will close
the public hearing um, and bring this
back for a motion.
>> No discussion. I can make a motion.
>> Second. All in favor?
>> I motion passes.
Okay, we're moving on to
uh item number six, discussion and
possible action to approve allocation of
fiscal year 202425 excess reserves.
Helga, I believe this is you.
>> Yes. Good evening, Mayor Wilkinson and
council members. The item before you
tonight is to review the allocation of
the city's fisc year 2425 excess
reserves and approve the resolution
authorizing the budget amendment to
approve these appropriate these funds.
At the completion of the fisc year 2425
audit after accounting for all actual
revenue expenditures and transfers the
city's general fund balance was 7.4 4
million, which becomes the fiscal year
2526 revised starting balance based on
the city's reserve policy, which
requires that that unrestricted reserves
equal at least 50% of projected general
fund expenditures plus buyer transfer
plus debt service. Throughout the
five-year planning period, staff have
identified 1.38 million in excess
reserves that could be reasonably
appropriated and the ratio would remain
above the 50% threshold throughout the
5-year forecast period.
Budget outcomes can vary from forecast
and maintaining a buffer above the
minimum is a sensible approach. Like
past practice, staff requests that
350,000 of the 1.38 million remain in
the general fund as unassigned,
leaving 1,30,000
in one-time funds to be appropriated.
The finance committee held a meeting on
December 2nd to review the audit results
and approve staff's recommendation of
the amount of excess reserves to be
allocated. Before you tonight is the
allocation of these funds for your
approval.
Staff have identified several immediate
operational and capital one-time
projects for the use of the 1.03
million. Staff are recommending an
allocation of 830,000
for the Beach Road stabilization
project. Construction is expected to
begin in June of 2026 and conclude by
fall of 2026.
When the fiscal year 2526 budget was
prepared, the project's cost was
estimated at 3.8 million. However, due
to increases in construction and
construction management costs, the
project estimate has risen to 4.4
million. The current budget includes
1.25 25 million in transfers from the
general fund to the critical
infrastructure fund over the next two
fiscal years with a proposed allocation
of 830,000.
This is anticipated to eliminate the
need for further transfers from the
general fund assuming there are no
additional cost overruns.
Secondly, an additional 50,000 is
proposed to advance the storm drain and
retaining wall condition assessment to
support long-term capital planning.
100,000 is proposed for a required BCDC
shoreline cleanup project on Beach Road.
The project involves removing sections
of an outdated retaining wall that has
fallen into the bay on a city parcel
known as the strip. The Bay Conservation
and Development Commission has
jurisdiction over the beachfront area
and considers this unpermitted fill.
They are mandating that the city clean
up the site and the project must be
completed within the next few months to
meet BCDC's deadline. And finally,
50,000 is proposed for police department
facility improvements to better align
the space with current operational
needs. Any savings from the BCDC cleanup
would be directed to this project.
In total, the proposed use of the 1.03
million aims to address critical
infrastructure project that are already
in progress, meet operational needs, and
support priority community initiatives.
With the allocation of the 1.03 3
million. The city's estimated general
fund balance at June 30th, 2026 will be
4.9 million and the budget will remain
in compliance with its reserve policy
over the 5-year forecast period. And
with that, I'm available for questions.
>> Does anybody have questions for Helga?
» I have a few just simple questions just
clarification. So, working backwards for
the critical critical infrastructure
fund, um there's 2.2ish in there now
plus the 830 plus the 125 over the next
two years gets us north of the 4.4. Is
my math generally correct?
>> Yes, it would be about uh four
>> I guess I'm asking what's in there now?
>> There would be about 49,000 left.
>> But but so what's in there now is
2223ish something. 2.5.
>> Oh, okay.
>> Yeah,
>> that seems a little higher. But um uh
the second question is relating to
BCDC's demands to clean up the shoreline
there. These are private improvements
that fell from private property,
>> Robert.
>> Yes, that's correct.
>> And I mean, were they on private
property initially? I mean, they're the
improvements prior to their destruction
or or deterioration.
>> That's where it gets a bit complicated
because these are very old structures
that were built probably before
revocable licenses were a thing in
Belvadier. So, it's on the shoreline
band. They're private improvements on
what is technically public land in that
case, but without a clear revocable
license.
>> No, no, no. I understand that. But, but is it on the is were they originally
installed in the in in the strip?
>> In the strip. Correct. Yes.
>> Okay. So, they were on our property.
Yes.
>> Okay.
Thank you. Um uh and
last couple months ago, we we looked at
the um snapshot at the 2425
year end prior to the audit. And if I
recall correctly, the
financial surpluses, I'm sorry, the
revenue surpluses and the cost less than
expected costs were greater than the
1.03. I assume that's the difference of
that is why it's not rolling all down to
this to this um um um reserve fund um
surplus is capital improvement rollovers
and some other things. Could you just
comment on that briefly?
>> Right. So at the end of June 20
June 30th 2025 the surplus showed 3.07
07 million but that was based on the
expenditures.
The fiscal year the reserve amount was
based on the 2526
general fund expenses fire transfer and
debt service that was part of the 2425
budget. And when you roll that 7 million
forward and you account for the new
expenses in 2526 and the increase in
expenditures and then the reserve amount
is based on 2627's
general fund expenses plus fire transfer
plus debt service. that number is higher
than what was used at as part of 2425.
So,
>> no, I understand. I understand. Thank
you.
» No, no, just I I think what you're
saying is is as of as of as of the end
of 2425,
there was the 38, but that 38 isn't
doesn't drop to the um um general fund
reserve. It it's applied to the 2526
budget um which rolls down at that point
but that applies 2627
>> expenditures.
>> Correct.
>> Thank you.
>> Any other question?
>> I remember Mark from asking that
question.
>> Any other questions?
>> I I don't have a question. Do you want
me to wait until after?
>> Let's Let's open this up for for public
comment quickly.
>> Do you have a question? No,
>> let's open for public comment. No,
>> Mayor Wilkinson, there are no hands
raised.
>> Okay, in that case, let's bring this
back for discussion. Jane,
>> so first of all, it's always nice to
have money left over even though it's a
lot. Um, so thank you. H
>> even though it's a lot.
>> It shouldn't be. That's great that it's
a lot.
>> No, it's great that it's a lot. And I
think we're all really excited that the
beach road project will actually happen
and hopefully get done as planned. So
definitely having the funds to get that
done is a number one. So thank you um
for that. Um I I noticed in going
through everything, this is minor, but
in the 2425 budget, there's a nice big
chart that compares all the different
years. And in the 2526 one, there's
nothing. It doesn't it doesn't have that
in there. So, I'm hoping that in the
next version that can go back in again
because it helps people that aren't as
familiar as you are with all the
different line items.
>> So, I'm just suggesting that that could
please
>> Sure. We can take a look at that.
>> I've been trying to create my own and
not that easy. So, um and then you know I think this is it
it's great when we have one-time items
that we need funded which we always do.
So that's terrific. But um I think you
know planning having our our when we
finish that infrastructure
process and um you know just determining
what things in the city over time need
to be looked at and need to be addressed
and storm drains, retaining walls, etc.
that that'll really help with long-term
planning. So, it doesn't just have to
come from one-time funds because the
one-time funds seems like we're cutting
off
long-term funding things by always
having it be one time.
>> And that is that is the goal of the
long-term why we're doing these
assessments is so that we can plan
better.
>> Yeah, that would be great. That will be
great. Thanks,
Um, so my only comment was when um I was
uh looking over the allocations for all
the funds. Um, and I know this doesn't
necessarily directly to you, but in
general, I just want to say that, um,
I'm not quite sure 100% of all the
things that the police department needs
to have done, but the 50,000 seems a
little skinny in these days with the
cost of things. And it would be nice
that they could have a um,
pleasant, healthy space to work in.
Right. And so the 50,000 is basically
just to get things started down there
kind of design and then as part of the
next budget cycle, you know, we
anticipate putting more money towards
that project.
>> Okay. All right. Good. So the 50,000 is
just to get the project off the ground.
It's not actually for the construction
part of it.
>> That's my understanding.
» Yes. Right. Okay. Thank you.
Yes.
>> Anything else?
>> No, I would just say I appreciate how
the city continues to be very
disciplined in managing the budget. Um I
think we are very fiscally conservative
and uh as a result we have um these
types of results where we can uh
allocate money to um projects that need
uh additional funding. So I appreciate
the diligence that the team goes through
and uh how you operate um fiscally. So
thank you.
>> Thank you. Um, and how could I just add
in there that we for the at the retreat
we're going to bring back a much more
complete discussion of long-term budget
planning. Correct.
» Um, yes, we can.
>> But did you just get surprised by that?
Because there's there's a lot of things
in motion right now and so there's a lot
of pieces that will be slowly coming
together and so we can have a more
strategic discussion around some of
those items.
>> Yes, we can.
>> Okay. Thank you. Okay. Unless there's um
you have work to do that you didn't know
about. Um, okay. So, in that case, can
is do we need a motion for this? We do
know.
>> Uh, yes.
Can I get a motion from um one of the
council members? I can make a motion to
authorize a budget amendment to allocate
fiscal year 202425
excess reserve funds as noted in the
staff report.
>> Second.
>> All in favor?
>> I.
>> Motion passes. Okay. We move on to our
final item which is the open forum. Um,
this is an opportunity for any member of
the public to briefly address the city
council on any matter that does not
appear on this agenda, but that is
within the city council's subject matter
jurisdiction. Upon being recognized by
the mayor, please limit your oral
statement to no more than 3 minutes.
Under the Brown Act, council members may
not deliberate or take action on items
not on tonight's agenda. Matters that
may warrant a more lengthy presentation
or council consideration may be placed
on the agenda for further discussion at
a later meeting.
Paige, would you like to make a public
comment? No. In that case, is it anybody
on Zoom?
>> We have Dr. Rothman.
>> Dr. Rothman, welcome again.
» Thank you very much. Um,
uh, Council Member Mark, uh, this is a
process, uh, question or statement. Uh,
Congress,
not yet. Council member Mark uh said
that uh I had said that no project
on the island ever gets finished in the
time within the time restraints. U
perhaps I don't speak clearly enough but
that's not what I said. What I said was
no big project meaning a two-year
project
according to what I was told by Mr. Ban
sun gets done within the time
restriction. It's on that basis. Now, if
uh I I that stands as a fact and it's on
the tape. So, please I don't want to say
disregard what uh council member Mark
said, but it's on the tape and I said
the project the big projects on the
island where construction is more
difficult do not get done. And that I
have been told that by Mr. Vansson.
However, having said that, I'm so glad
that council member Mark raised that
question, raised that issue. Do they or
don't they get done? Because if they
don't get done, then the statement in
the ordinance that the time limit is
reasonable is actually an untrue
statement. So, what I would urge the
council to do is to find out what the
circumstance is. You certainly don't
want to have an ordinance that has an
untrue statement in it. So, please, as
Cong as Council Member Mark uh alluded
to, please have Mr. Van Son there and find out, do the projects get done
or don't they? One other thing, I
appreciate the fact that council person
uh Mark uh took such great care to
reassure me that I had a right to make a
public statement as a member of the
public. I'm very thankful that he is so
protective of me, but I really was aware
of that. Thank you very much for your
attention.
>> Bill, thank you for the clarification. I
think our legal counsel wants to
comment. Yeah, just very briefly, um, I
do want to clarify, Dr. Rothman, of
course, we always appreciate your public
comment. I do just want to clarify the
record that I was the person who
previously spoke um, when you, uh,
address this item, not council member
Mark. Until now, I did not realize I
sounded like council member Mark, but
thank you again for your participation
tonight.
>> Okay. Thank you. Is there anybody else,
Beth?
>> I see none.
>> Okay. In that case, we will adjourn.
Good night.
6:30.