[0:00] event calendar [0:02] and um hear that uh at your August [0:06] meeting there were some uh changes that [0:08] need to be made to it before the council [0:10] can act on it. [0:11] >> Okay. So, we're continuing item number [0:13] 11h to the August 13 regular meeting. [0:20] Disclosure of exparte communications on [0:23] items where the town council acts in an [0:26] adjudicatory or quasi judicial capacity. [0:28] Any disclosures? [0:33] Number four, [0:35] honoring Anthony Alcazar for 10 years of [0:38] service to the Ross to the town of Ross. [0:41] Rich. [0:53] Okay. Well, when I started here in uh [0:56] December of 2016, I think within two [1:01] weeks of starting, we had a major storm. [1:05] Um started actually going over bank. We [1:08] heard the uh alarms going off and I was [1:10] watching Windship Bridge and I came back [1:13] to the office and you know, Anthony, you [1:16] know, you need to check the Oh yeah, we [1:17] checked that. Well, you need to look at [1:19] Oh yeah, we've looked at that. It was [1:20] just he'd already had all of the hot [1:24] spots covered before I even, you know, [1:26] had anything to say about it. And I knew [1:28] I had a a staff I could work with and be effective and proactive in the uh [1:34] in the public works maintenance [1:37] department. And he's continued that uh [1:40] stunningly throughout the 10 years that [1:43] I've been working with him. Uh Anthony [1:46] uh in his time while he's been here, [1:48] he's completed the leadership academy. [1:52] He's uh achieved a degree in [1:54] communications from Arizona State [1:56] University [1:57] online correspondence. He's completed [2:00] classes in arborist studies and as [2:03] maintenance supervisor. He handles all [2:04] the tree permitting and he does the [2:07] vegetation management review for all the [2:09] planning and building permits. [2:11] I've got him training or he's completed [2:15] basically the training on the [2:16] underground service alert ticket [2:18] responses and the uh subsequent pavement [2:21] markups that needs to be done. I think [2:23] we get like three of those a day. I get [2:25] a lot of those for a small town. And um [2:30] he uh yeah, he handles a utility [2:34] markings and he's extremely valuable [2:36] resource to the town and it's just been [2:38] an honor working with him for the last [2:41] 10 years and I hope he he stays on. [2:44] Anthony, you got anything to say to the [2:47] council? Step up. [2:51] >> Thank you, council. Thank you for the [2:53] acknowledgement. Um, just like to thank [2:57] uh Christa and Rich. I mean, it's a [3:00] great work environment. Makes it really [3:01] easy to come to work and 10 years have [3:05] gone really fast. So, [3:08] also all the my co-workers. It's fun [3:11] interacting with them daily. And, you [3:14] know, all the residents for making me [3:16] feel a part of the community even though [3:17] I don't live here. Um, it's just been a [3:20] great 10 years and I look forward to [3:23] hopefully 10 more. [3:25] >> Thank you. [3:26] Anthony. [3:37] » Well done. [3:41] So, Anthony, in honor of uh the your [3:44] service here, the town would like to [3:45] present you with this certificate of [3:47] appreciation for your 10 years of [3:49] service. [3:50] >> Nice. [4:10] Next, um, I get to read a proclamation [4:12] honoring public works direct director [4:14] Rich Simonich for his 10 years of [4:17] service to the town of Ross and wishing [4:20] him well in his well-earned retirement. [4:23] Christie, you want me to read this or [4:24] would do you want to read this? Oh, [4:26] >> would you please? [4:28] >> Thank you. [4:30] So I am honoring Richard Simonich upon [4:33] his retirement as public works director [4:36] and town engineer. [4:38] Whereas Richard Simonich is a Ross [4:41] native who as a child attended Ross [4:43] Elementary School, lived in Winship Park [4:46] and went on to build a career of more [4:48] than 30 years in civil engineering, land [4:50] development, water resources, and storm [4:52] water management across Marin, Monterey, [4:55] and other Northern California counties. [4:58] And whereas Richard Simmonich joined the [5:00] town of Ross as public works director [5:02] and town engineer in December 2016, [5:06] returning to serve the community where [5:08] he grew up. And whereas Richard Simonich [5:11] oversaw the successful delivery of [5:13] numerous capital improvement projects, [5:15] including the Bolinus Avenue storm drain [5:18] improvement project phase 1, pavement [5:21] rehabilitation on streets throughout [5:24] town, the conversion of 206 street [5:27] lights to LED technology, pedestrian [5:31] safety improvements through the Laurel [5:33] Grove safe pathway and Shady Lane safe [5:37] routes to school projects, securing over [5:40] $500,000 in regional grant funding, [5:43] installing new pedestrian bridges at [5:45] Navali Coffen Green Park, repaving Sir [5:49] Francis Drake Boulevard, and [5:50] establishing utility undergrounding [5:53] districts. And whereas Richard Simonich [5:55] advanced the Winship Bridge replacement [5:57] project through state and federal [5:59] environmental review and major planning [6:02] milestones, securing a projected 4.3 [6:05] million in federal and state funding for [6:07] the replacement of the more than [6:09] 100year-old bridge and shephered the [6:12] adoption of a comprehensive storm drain [6:14] system condition assessment and capital [6:17] improvement master plan in 2023 to guide [6:20] the long-term management of the town of [6:22] Ross' three miles of draining [6:24] infrastructure. [6:26] Whereas Richard Simonich is a skilled [6:29] pilot and guitarist who has brought the [6:32] same spirit of curiosity and dedication [6:34] to his personal pursuits as he has to [6:37] his professional work. And whereas it is [6:40] most fitting that the town of Ross [6:41] recognize and celebrate the many [6:43] contributions of Richard Simonich and [6:46] wish him a well-deserved retirement. Now [6:49] therefore, on behalf of the town of Ross [6:51] and the Rosstown Council, I do hereby [6:53] thank and honor Richard Simonich for [6:56] nearly 10 years of exceptional service [6:59] to the town of Ross as the Town of Ross [7:02] public works director and town engineer [7:04] for his skill and dedication that he [7:06] brought to every project and for the [7:08] lasting improvements he made to the [7:10] infrastructure, safety, and [7:12] sustainability of the town of Ross. [7:15] Thank you, Rich. [7:34] Okay. Yeah, I'd like to say something. [7:38] >> I'd like to uh thank the council [7:40] throughout the years for their support [7:42] in the capital improvement uh program. [7:45] Um, you know, moving forward, all those [7:47] projects that that the mayor mentioned, [7:49] uh, none of that could have been done [7:50] without the support of our, uh, [7:53] governing board, and I do greatly [7:55] appreciate that. Um, it's been a [7:57] wonderful 10 years. Um, you know, the [7:59] commute from Soma every day is tough, [8:01] but, you know, as soon as I get into [8:02] work, I'm like, h, I'm in Ross and the [8:05] day floats by and then there's the [8:07] commute home. [8:09] Um but uh yeah it's it's been a pleasure [8:13] uh being able to uh use the skills I [8:17] learned in the 30 years in the private [8:18] sector uh consulting civil engineering [8:21] consulting um to bring it here to move [8:24] all these projects forward and uh it's [8:26] great it was great to come back to Ross [8:29] um what the thing I loved about it is [8:31] not very much has changed in the last 50 [8:33] years it still uh physically looks the [8:37] same the demographics have changed quite [8:38] a bit since the 60s. Um, but you know, [8:41] in a good way. It's brought brought uh [8:44] the vision of the town forward. I think [8:46] it's a it's a good mix of of people that [8:49] live here. They've been great people. [8:51] They're very appreciative of good work [8:53] and good communication and uh for the [8:57] most part they've all been uh wonderful [8:58] to work with. So, thank you very much. [9:00] And uh I'll be seeing you for the next [9:03] two weeks, but then I'm down the road. [9:07] Thank you. [9:08] >> Thank you. [9:23] Um, we're moving on to item number six, [9:26] which is a proclamation honoring and [9:28] expressing gratitude to Mr. David Nassau [9:31] for his generosity and commitment to the [9:33] town of Ross, contributing to the Ross [9:36] Police Department for 14 years. And our [9:39] new police chief Aguilar will read the [9:42] proclamation. [9:49] » Good evening. [9:51] everyone. And um when I [9:54] first got here um I think uh I was um I [9:59] think it was important to show gratitude [10:01] once I learned uh everything that uh Mr. [10:04] Naso has done for this town. Um so um I [10:07] have asked for this proclamation and it [10:10] will be my pleasure to read it. Uh where [10:14] excuse me whereas Mr. David Nassau, a [10:18] Ross resident, has been generous [10:19] benefactor of the town of Ross Police [10:21] Department, beginning his charitable [10:24] contributions in 2012 and continuing his [10:28] steadfast support every year since. And [10:31] whereas Mr. Nos sustained charitable [10:36] contributions play a critical role in [10:38] safeguarding those who protect us. And [10:41] through his visionary support, the town [10:44] the town's first responders are equipped [10:46] with state-of-the-art protective gear, [10:48] advanced technological upgrades, and [10:51] vital operational tools. And whereas [10:55] this investments has done more than [10:57] modernizing the department, it has [11:00] ensured that the town's police officers [11:02] can answer every call for service with [11:05] the highest degree of safety and [11:07] confidence, ultimately creating a more [11:10] secure environment for every resident, [11:13] business owner, and visitor in the [11:15] community. And whereas Mr. Naso's quiet [11:19] and consistent generosity given year [11:22] after year with that expectation of [11:24] recognition reflects the very best of [11:26] the civic spirit that defines the town [11:29] of Ross. And now therefore, the town of [11:34] Ross hereby extends its deepest [11:36] gratitude to Mr. David Nassau. [11:41] Excuse me, Mr. David Na. [11:45] So, [11:48] I want to make sure I get it right. Uh, [11:50] for his exceptional generosity and [11:53] enduring commitment to the town of Ross, [11:56] his investment in our first responders [11:58] does more than modernize a department. [12:01] It strengthens the safety and security [12:03] of every resident, business owner, and [12:06] visitor in our community. And the town [12:08] is profoundly grateful for his visionary [12:12] support. dated this 9th day of July of [12:15] 202 2026 signed by Julie McMillan the [12:20] mayor of the town of Ross [12:22] >> Mr. Nelson. [12:33] » Thank you very much. [12:52] those it following those other folks. [12:54] It's kind of um humbling since all I did [12:57] was write checks and they do real work. [13:00] Um [13:02] also uh we've I guess this is gratitude [13:07] for 43 years of living here and uh when [13:12] the chief suggested a proclamation [13:15] at 83 you'll take any attention you you [13:18] can get otherwise otherwise I think this [13:22] would have just gone on unnecessary [13:26] so thank you very much and thank you all [13:28] for your service. [13:39] » Now it's time open time for public [13:42] expression which is limited to three [13:44] minutes per speaker on items that are [13:46] not on our agenda. [13:49] Anyone in the chamber wishes to make [13:52] public comments? [14:03] I'm uh Bob Archer. I live in Walnut [14:05] Avenue and I just want to comment [14:07] briefly on the Marin Grand Jury report [14:11] on MCE, our electricity company. It's an [14:16] extraordinary document. I wrote to you [14:18] about this and um there's a lot to do. [14:22] Today's J report on the MCE meeting [14:28] shows a continued effort of those on the [14:31] board, the chair, the vice chair, and [14:33] the chair of the executive committee to [14:35] maintain control of a process that has [14:38] gotten us to where we are today in [14:42] control of the hiring of a new CEO. [14:45] So, there's a long way to go for repair [14:49] of this organization. MCE, as you're [14:51] probably aware, is an $800 million [14:54] annual operation, [14:56] basically a commodity broker. [14:59] What less [15:01] discussed is the over $500 million of [15:05] reserves. [15:07] And there are some policy decisions [15:09] ahead [15:11] before real reform takes place as to [15:13] what to do with some of those reserves. [15:17] The pro the business as usual approach [15:20] is to spend on reportedly clean energy [15:25] climate related expenditures [15:27] which raises questions as there was one [15:30] letter to the editor of the Marin [15:34] thanking MCE for its community support [15:37] including building pickle ball [15:40] facilities. [15:41] So there's some major decisions ahead [15:44] and I think the most significant issue [15:47] right now in California and across the [15:49] country is affordability. [15:53] California's electricity rates including [15:56] MCEEs are the highest in the lower 48. [16:00] So I hope Ross will be a voice on that [16:04] board in the next year or two for trying [16:08] to reduce rates which is the pathway to [16:12] expanded climate investment and [16:15] behavior. So thanks for your attention [16:18] to this. [16:19] >> Thank you. [16:23] » Anyone else? [16:27] » Geral, are you speaking on the Winship [16:29] Bridge issue? Okay, perfect. [16:32] >> Surprise. [16:33] >> I'm going to thank you. [16:36] Uh, I love this old building, but the [16:38] acoustics in this room are just simply [16:42] hard to access. So, I appreciate what I [16:47] have read that the town is considering [16:49] doing something to improve that and I am [16:52] fully supportive of it. There are many [16:55] of us who have listened for years [16:58] and we will be very happy to have [17:00] improvement. Thank you. [17:02] >> Thank you. Anybody else in the chamber? [17:06] Anyone online for public comment? [17:08] >> No one online. Mayor, [17:10] >> thank you. We're moving on to the [17:12] mayor's mayor's report. Um, first moving [17:17] forward with our facilities project. [17:19] Last week, the town received five [17:21] proposals from architecture firms out of [17:23] 10 who earlier submitted their [17:25] qualifications. Tonight, we will [17:27] consider asking the town manager to [17:29] negotiate a contract with one of the [17:31] architects for council approval as soon [17:33] as possible. The Ross Fire Station [17:36] addressed in the recent Marin Grand Jury [17:39] report. The June 11th, 2026 Marin County [17:43] Civil Grand Jury report, quote, "Better [17:45] service at lower cost, optimizing [17:48] essential services for the future of [17:49] Marin, close quote, recommends combining [17:52] various Marin special districts to [17:54] benefit residents to improve services at [17:57] lower costs. It also addresses efforts [17:59] to reopen the Ross Fire Station. [18:02] And as noted in a recent J article, [18:05] quote, "The fight to restore the town of [18:07] Rosfire Station is a clear example of [18:10] misguided civic engagement at odds with [18:12] effective services today, which relies [18:15] on coordinating resources across [18:17] jurisdictions, not maintaining [18:19] standalone structures for symbolic [18:21] reasons. Ross' risk profile has also [18:24] changed. Stronger building standards [18:26] have reduced fire risk, while an aging [18:28] population requires better medical [18:30] response. Staffing a standalone station [18:33] is easy to demand but difficult to [18:35] sustain. According to local [18:37] firefighters, rather than building for [18:40] yesterday, Ross' elected officials [18:42] should focus on a coordinated countywide [18:44] system emphasizing strong medical [18:47] response capabilities. [18:49] I have a link to the full report in my [18:52] report. The town must respond to the [18:54] grand jury's report by September 11, [18:56] 2026. [18:58] New Sir Francis Drake paving. Thanks to [19:01] public works director and town engineer [19:03] Rich Simonich, the paving last month on [19:06] a portion of Sir Francis Drake went [19:08] seamlessly and quickly. It's wonderful [19:11] to drive on the new smooth surface and [19:13] the striping has made the roadway safer. [19:16] Marin Wildfire risk evaluations. This [19:19] week, Marin Wildfire announced it will [19:21] begin conducting free wildfire risk [19:24] evaluations in the Wellington and Shady [19:26] Lane neighborhoods during the August 3rd [19:28] time frame. In the meantime, Marin [19:31] Wildfire encourages you to review your [19:33] 2024 inspection report. And if you [19:36] haven't already, please complete some of [19:38] the recommendations. When the inspectors [19:41] arrive at your home, please join them [19:43] and learn more about hardening your home [19:45] and making your garden safer. And please [19:48] take advantage of Marin's Wildfire's [19:51] popular chipper day to remove yard [19:53] debris. You can make a reservation for [19:56] free. pick up and then I include the [19:58] link to make a reservation. [20:01] Finally, the Fourth of July parade and [20:03] festivities. We were delighted but not [20:06] surprised that former three-time mayor [20:08] and 12year council member Beach Cole was [20:12] named Grand Marshall for the town's [20:14] Fourth of July parade to celebrate [20:16] America's 250th birthday. Beach and his [20:19] wife Janie moved to Ross in 1974 [20:23] and have been huge contributors to our [20:25] town ever since. Congratulations, Beach, [20:28] and thank you and Janie for your many [20:30] years of dedication and volunteer [20:32] service. After the parade, residents [20:35] enjoyed songs from the Shady Ladies, [20:38] blueg grass from Windy Hill, and a [20:40] beautiful solo by Hayden Havlin, Ross [20:43] School graduate, and rising junior at [20:45] Soma Academy. The day went off [20:48] flawlessly with enormous thanks to many [20:50] including the Ross police for serving [20:53] delicious hamburgers, brisket, and all [20:55] the sides. The volunteers, many young [20:58] bakers competing with me, and I lost who [21:02] contributed to the delicious pie [21:04] competition. Town manager Johnson and [21:07] her husband and daughter for guiding the [21:09] many writers on the popular mechanical [21:11] bowl. Ross public works members Anthony [21:14] Alcazar and Zach Baker for their [21:17] continuous help and especially to Ross [21:20] recreation staff Wyatt Man along with [21:23] his wife and several friends and [21:26] Mallerie Baron along with her father for [21:28] organizing the day so that everything [21:30] ran perfectly and residents had a [21:33] wonderful time. [21:36] Council Committee and Liaison reports. [21:39] Anyone? [21:42] » Um Diane Rudden, who is uh one of the [21:45] leaders for Age Friendly Ross, is not [21:47] here tonight, and she asked me if I [21:50] would please read the age friendly [21:51] report that she would have given had she [21:53] been here. So, um she's sorry that she [21:56] can't attend the meeting tonight. Her [21:58] husband Russ said it was an honor to [22:00] drive Beach Cool um during the Fourth of [22:03] July parade. Um Diane wanted to thank [22:07] the town staff for helping with the [22:09] Fourth of July parade and especially to [22:11] thank Wyatt Mallerie Anthony Zach and [22:15] the Ross police. Um there is a picture [22:18] that she gave me of Ross and of Beach in [22:22] front of this fancy car and maybe that [22:25] will been Ross reviews. I've given it to [22:27] Zach. Okay. And then she says uh Beach [22:30] is definitely a cool person. There are a [22:33] few people who stopped by the age [22:34] friendly table that was in the commons [22:36] and took some of the um uh documents and [22:40] groceries that they had. Thank you. [22:45] So, I attended um the MCE board meeting [22:48] last month um in representing Ross and [22:52] as uh Bob Archer brought up in his [22:55] comments, the CEO has been removed from [22:59] MCE and the board is going through a [23:01] governance process and a process to pick [23:04] a new CEO. So hopefully there are [23:07] changes of foot. It's something that we [23:10] all need to pay a lot of attention to [23:12] especially with the and grand jury [23:14] report that was issued really scathing [23:17] um of both the management team and the [23:20] board. And I hope that our seat will be [23:23] a powerful seat because the the people [23:25] who the same people who kind of brought [23:28] this upon MCE are the same ones now [23:30] trying to steer it in a direction um of [23:33] their making. And what really needs to [23:35] happen there is a full full, you know, [23:37] cleaning of the house because it's too [23:39] big of an agency and there's too much [23:40] corruption. So, I hope that everybody [23:44] here will pay attention and and I [23:46] encourage everyone to listen into some [23:48] of the meetings because they're very [23:50] important as the as the agency steers [23:52] this new direction forward and it's it's [23:54] going to be probably the biggest most [23:56] significant uh agency that affects all [23:59] of our residents and the entire county. [24:01] So, um stay tuned. [24:06] » Anyone else? [24:09] Okay, thank you. [24:14] Yes, Chris Martin. [24:18] >> Good evening, Mayor and council members. [24:20] Um, I'm giving the report on flood zone [24:24] 9 advisory board. Earlier this year, the [24:28] county and the flood zone 9 advisory [24:30] board concluded that the proposed [24:33] building bridge 2 removal project in [24:36] Sanelmo was not viable and should be [24:40] abandoned. FEMA deter determined that [24:44] removing the bridge would rate would [24:46] increase flood elevations for close to a [24:50] dozen downstream properties and required [24:54] those impacts to be fully mitigated. [24:58] District staff concluded that these [25:01] requirements couldn't be met. At the [25:04] June 25th meeting of the Flood Zone 9 [25:08] Advisory Board, county staff was given [25:12] approval to proceed with developing [25:15] plans and a budget for the removal of [25:18] the defective fish ladder near the post [25:21] office and replace it with a new fish [25:24] ladder that allows fish to pass and is [25:28] hydraologically [25:29] neutral and will not raise base flood [25:33] elevations. s downstream or upstream. [25:37] We'll see what's developed. [25:40] The flood zone 9 advisory board also [25:43] directed staff to seek funding for the [25:46] installation of fish resting ponds in [25:49] the concrete channel. [25:53] No doubt you've heard [25:55] that a very strong El Nino has formed in [25:59] the Pacific. Chris Blunk, the director [26:02] of the county department of public [26:05] works, stated that this may mean an [26:08] increased risk of severe storms and [26:12] significantly above average rainfall in [26:15] the coming year. El Nino is expected to [26:18] temporarily raise temporarily raise sea [26:21] levels by two to three feet. Vulnerable [26:26] waterfront communities like Porter [26:28] Madera, Salelo, Larksburg, San Rafale [26:33] um will face compounded likely will face [26:36] compounded uh flood risks when these [26:40] tides overlap with storm surges. [26:43] It's been over 20 years since the Ross [26:47] Valley has had a 100year flood. The 2005 [26:53] flood threatened lives and flooded [26:55] homes, businesses, schools, fire [26:58] stations, police stations, and other [27:01] facilities, as well as causing [27:04] $100 million in property damage. [27:07] Flood zone 9 advisory board approved an [27:11] allocation of $250,000 [27:14] from its operating budget for the [27:17] county's initial preparation for the [27:19] anticipated storm season. The county is [27:23] determining how to spend these funds and [27:26] it pledged to work with uh flood zone 9 [27:29] t uh towns. Um, Ross has had an [27:35] aggressive program maintaining [27:38] uh its creeks thanks to Anthony again. [27:42] Um, but not all towns do this and their [27:46] debris and and discarded large limbs end [27:49] up in our creeks frank uh frequently. [27:53] Uh, in the past, a limited amount of [27:56] flood zone 9 money was spent engaging [27:59] the Marine Conservation Corps to remove [28:02] debris and damaged uh large tree limbs [28:05] that can clog or compromise the flow of [28:08] storm water in our creeks and and [28:12] streams. I ask that the town of Ross [28:15] consider recommending that the county [28:17] spend some of these funds clearing [28:20] debris from from flood zone 9 creeks [28:23] prior to the wet season and in [28:26] compliance with all fish and game [28:28] regulations. [28:30] Uh property property owners also need to [28:33] be reminded that it's their [28:35] responsibility to keep the creeks and [28:38] their borders free of debris and [28:40] chemicals that can clog the channel [28:43] causing local flooding and endangering [28:46] the surrounding area. Um, you know, [28:49] during the 2005 flood, Congressman [28:52] Huffman happened to be on the Logan's [28:55] Bridge and saw a hot tub going down the [28:58] creek. Um, [29:01] that happens and there's a lot of [29:03] preparation that has to be done before [29:06] the wet season. [29:07] >> Thank you. [29:09] Chris. [29:10] >> Can we Chris, can I ask you a question [29:12] about flood zone? Is there going to be [29:14] some sort of what's the flood zone board [29:17] doing and the county on the safer bridge [29:20] just like looking at what happened and [29:22] what went wrong? [29:23] >> It reviewed and it's still reviewing u a [29:27] lot of the things that went wrong, [29:29] communication issues, [29:32] uh some cases lying and presenting false [29:35] data. [29:36] uh the work that will be done on the [29:40] fish letter coming up will the board [29:43] wanted a different engineering firm to [29:45] work on it. Um there were a lot of [29:48] mistakes. There's a lot of uh changing [29:51] uh faces both at the county level and um [29:56] staff level. Um, and it's a pity because [30:00] we're not going to see an allocation of [30:03] funds like that targeting, [30:06] you know, an improvement to the uh flood [30:09] district. [30:10] >> So, sorry. So, are they working is there [30:12] an official report they're working on or [30:14] I'm just curious what [30:16] >> there's something online you can you can [30:18] get now, but um I think it's being renew [30:22] reviewed now by members and I'm sure [30:25] there'll be amendments to it. [30:27] >> Okay. Thank you. Sure. [30:29] >> Thank you, Chris. [30:33] Staff and community reports. Um, Ross [30:36] Property Owners Association. Is there a [30:38] representative from RPOA here? Is there [30:41] anyone online, Zach? From RPOA, [30:44] >> no one online, Mayor. [30:45] >> Okay. Town Manager Johnson. [30:48] >> Thank you. Uh, good evening, Mayor and [30:50] Council members. Just wanted to add on a [30:52] few things to the mayor's uh, lovely [30:53] comments about um, the Fourth of July [30:56] event. Um, we were very short staffed [30:59] this year. Um, and so I'm particularly [31:02] grateful to Zach and Anthony and our [31:04] public works department for working [31:06] overtime on a holiday, no less, away [31:08] from their families. So, um, and also [31:11] just to add on big thanks to members of [31:13] the Ross Police Officers Association and [31:16] their family and friends who put [31:18] together a terrific booth serving [31:21] hamburgers, chips, watermelon drinks to [31:23] event participants with no charge. I [31:26] think that's just an amazing a really [31:28] nice gift to the community. And also [31:30] several other community volunteers did [31:32] assist staff as well as staffing the [31:34] Ross history area and um our newest [31:37] Firewise neighborhood booth get handing [31:40] out information. So that was really [31:42] great to see. So thanks thanks to [31:44] everyone. Uh work is again beginning on [31:46] Shady Lane today and continuing until [31:49] Wednesday, July 15th. The entire roadway [31:52] will be slurry sealed and restriped with [31:54] new center line stop bars and [31:57] directional sherrows for bicyclists. [32:00] Expect no parking and single lane [32:02] traffic control between 8 a.m. and 5:00 [32:06] p.m. on the entire length of Shady Lane [32:09] between Loganas and Bolinus. [32:12] Um, thanks for everyone's patience [32:14] during the installation of our three new [32:16] pedestrian bridges in Natalie Coffen [32:18] Green Park. The contractor needs to [32:21] spend a few more days finishing up the [32:23] work. And our public works director, [32:25] Rich, has promised me he will not retire [32:27] until his project is totally done. [32:34] » Um, and then finally, I would like to [32:36] thank Rich for 10 years of exemplary [32:39] service to the town of Ross. He's been a [32:41] key member of the town's management team [32:44] and the force be behind most of the [32:47] improvements you can see around town and [32:49] even more improvements that you can't [32:51] see. Uh in my 30 years of reviewing [32:54] staff reports for council meetings. Rich [32:56] is the best public works writer I have [32:59] had the pleasure of working with. I am [33:01] going to miss him a lot, not only for [33:03] that reason, but other reasons. Um, and [33:06] so on behalf of the entire staff team, [33:08] we congratulate Rich on his [33:10] well-deserved retirement and wish him [33:12] and his family the very best. Thank you, [33:15] Rich. [33:16] >> Okay, [33:24] » item number 11 is our consent agenda. [33:27] Um, and there are items A through G on [33:32] the consent agenda. Does any member of [33:34] the council wish to remove an item from [33:36] the consent agenda? [33:39] Does any member from from the public [33:41] wish to remove an item from the consent [33:43] agenda? [33:45] >> Anyone online, Zach? [33:47] >> No one online, Mayor. [33:48] >> Okay, great. Then we'll um bring it [33:51] back. And could we please have a motion? [33:53] >> I move we approve the consent agenda A [33:55] through [33:56] G. [33:58] >> I'll second. [34:03] Mayor McMillan, [34:04] >> yes. [34:05] >> Mayor Prom Robbins, [34:06] >> yes. [34:07] >> Council member Kercher, [34:09] >> yes. [34:09] >> Council member Deli, [34:10] >> yes. [34:11] >> Council member Salter, [34:12] >> yes. [34:13] >> Passes unanimously. [34:31] Oh, I'm sorry. I'll start over then. [34:33] Lucky you. Number 12 is public hearing [34:36] on planning projects 186 Prospect Drive [34:40] design review nonconformity permit and [34:43] the variance and town council [34:45] consideration of adoption of resolution [34:48] number 2638 [34:50] approving the project subject to [34:52] conditions. Roberta. Yeah. Uh, good [34:55] evening, mayor and council members. Uh, [34:57] tonight the applicant at 186 Prospect, [34:59] uh, Drive is requesting town council [35:01] consideration for design review, a [35:04] nonconformity permit, and a variance. [35:06] The project is proposing construction of [35:08] a new swimming pool, a fire pit, a spa, [35:12] um, outdoor kitchen, repairs to the [35:14] existing rear and front uh, decks, as [35:17] well as sight walls. The project also [35:20] includes construction of new walkways [35:22] with exterior lighting and widening the [35:25] existing driveway. A variance is [35:27] required to allow the pool, spa, outdoor [35:30] kitchen, fire pit, uh retaining walls to [35:33] encroach into their required setbacks as [35:35] well as construction of a wall exceeding [35:39] six feet uh in height. Um, at the ADR [35:43] meeting on June 16th, the ADR voted a [35:46] four to zero in support of the project. [35:49] However, the ADR recommended the [35:51] applicant to reduce the height of the [35:52] proposed fireplace to 48 in. Uh, in [35:56] response, the applicant did revise the [35:58] plans and they did also uh remove that [36:01] fireplace. Um [36:04] yeah, remember the fireplace and uh in [36:06] the construction management plan, the [36:08] applicant has indicated that the that [36:10] three vehicles will be accommodated on [36:12] site and all materials will be stored on [36:14] site. Uh staff requests that the town [36:17] council consider adopting resolution [36:19] 2638 approving designer review, a [36:22] nonconformity permit, and a variance. [36:24] Thank you. [36:25] >> Thank you. Any questions from council [36:27] members? Matt. So, Alex, we I think we [36:31] had an issue before where um trucks were [36:34] going from San this this property is [36:36] right on the border of Sanelmo where [36:38] they were going through um the carrying [36:42] the the dirt and debris from and and [36:45] sort of kind of impacting the roads. I [36:48] just want to make sure that they there [36:49] is a traffic management plan that avoids [36:52] the issue we had in the past. [36:56] So the it's not in the um construction [37:00] management plan, but baked into our [37:02] conditions of approval, we did add that [37:05] condition of certain roads where they [37:07] can only have certain weight of a truck. [37:11] So that's always going to be in all the [37:13] projects that go before the council. [37:17] >> Okay, great. And then Robera, did you [37:18] did we ever I think there was this issue [37:20] where especially when it was on the [37:21] border between San and SMO, did we did [37:23] you coordinate have you coordinated with [37:25] San and SMO to make sure we're sort of [37:27] aligned? [37:28] >> I can respond or [37:30] >> thanks. I that was re that was pretty [37:32] recent. I think that happened and yeah, [37:33] that day um I did coordinate with um the [37:36] Sanmo city manager and their planning [37:39] and building director and they promised [37:42] to take a closer look at that, you know. [37:46] So I I I think it's covered. Um they [37:48] should be putting it into their [37:49] conditions for their projects. [37:52] And we did also identify the roads so [37:56] that they're very aware of this issue of [38:00] um so we did follow up. I took about [38:02] half a day. Yeah. [38:04] >> Yeah. I think it would be great if we so [38:06] you've added to the conditions of [38:08] approval if we can talk to the planner [38:10] at San make sure we're just aligned and [38:12] we both have that in there since we have [38:15] projects that will be using both roads [38:17] especially like this one for example. [38:20] Thank you. [38:22] >> Is there any public comment on this [38:24] item? [38:26] Um the applicant can make a statement [38:28] but you don't have to. [38:32] Great. [38:33] Um, [38:35] I don't think anyone has any questions, [38:37] Zach. There's no one online, right? [38:39] >> No one online, mayor. [38:40] >> Okay. So, we'll bring it back for any [38:43] discussion or a motion. I'll move that [38:45] we adopt resolution number 2638. [38:49] >> Second. [38:53] » Mayor McMillan. [38:54] >> Yes. [38:55] >> Mayor Prom Robbins. [38:56] >> Yes. [38:57] >> Council member Kercher, [38:58] >> yes. [38:59] >> Council member Dowling, [39:00] >> yes. [39:00] >> Council member Salter, [39:02] >> yes. Motion passes 5-0. [39:05] >> Great. Thank you. [39:07] >> Can you log in? [39:10] » Moving on to the administrative agenda [39:13] now. Item number 13, town council to [39:16] receive a status update from the public [39:19] works director regarding the current and [39:21] proposed overhead utility undergrounding [39:24] projects in Ross. [39:28] >> Thank you, mayor. Uh just a couple of [39:30] minutes here to um adjust here for our staff [39:35] presentation. [39:41] » Yeah, this is [41:43] I get a laptop uh logged itself off [41:46] during the previous discussion, but we [41:48] are back online for this next item. the [41:51] undergrounding of overhead utilities and [41:53] Ross current project status report. [41:59] So we have currently three uh [42:03] underground projects in various stages [42:06] of [42:07] um approval in the process. [42:10] We have a little 20A admin center right [42:13] here that we are uh working on with with [42:15] PG& and we'll get a little bit more into [42:18] the status of these as we go forward. We [42:20] have the West Ross uh rule 20B [42:23] assessment district project that's very [42:26] near to completion of the design phase. [42:29] And then we have the Upper West Ross [42:31] which is currently uh moving forward in [42:33] a petition phase and the um preliminary [42:36] engineering and that's has been done. [42:38] But this gives you kind of idea of where [42:41] these districts are forming within the [42:43] town. [42:45] First we look at the town administration [42:47] center underground utility district. Uh [42:50] this is our of course our administration [42:52] parcel. It's a small district. We're [42:54] just going to be undergrounding three [42:56] actually four poles um along Logan two [43:00] along Logan and then two along Sir [43:03] Francis Drake. this pole that says riser [43:06] pole, that's actually going to be a pole [43:07] to be removed. The riser pole is going [43:09] to be uh closer to to um Silven Lane. Um [43:16] and we'll get into the status of that [43:19] here. So, uh the town administration [43:21] center underground district that is a [43:27] town administration center uh status is [43:30] not 90% bid documents complete. [43:33] status is that we are about 35% [43:38] uh done with the bid documents. We're [43:40] just getting into we finished the [43:42] alignment of the joint trench and we're [43:44] getting into the design phase with P Gen [43:46] to uh for for them to design all the [43:48] facilities, transformer locations, [43:51] street light locations, and that that [43:53] sort of thing. Uh the estimated cost is [43:55] 2.7 million less the $290,000 [43:59] rule 28 credits that we've accumulated [44:01] over the past uh I think 20 years. [44:06] Uh the schedule is construction in [44:08] spring 2027 through fall 2027. That's [44:12] assuming we uh we can keep moving [44:14] forward with the design. It's moving at [44:16] a good pace. We have Harris Associates [44:18] as our uh district engineer and um [44:23] they've been working with P Gen. We've [44:25] had uh at least four meetings, [44:28] coordination meetings with PG& and now [44:31] that PG is entering the design phase, [44:33] we'll start pulling in Comcast and AT&T [44:36] as uh joint occupants of the poles and [44:39] then they'll be joint occupants of the [44:42] underground trenching. Uh the purpose [44:44] for the town administration center uh [44:47] underground utility district uh was um [44:51] partially so we we have this opportunity [44:53] to use our rule 20A rule 2A uh funding [44:57] that $290,000 [44:59] in credits. Uh also it's going to [45:01] provide flexibility for when we uh [45:04] redesign the administration center uh to [45:07] once these poles are undergrounded. We [45:09] have lots of flexibility as to where [45:11] ingress at egress can occur for both the [45:14] administration center and the future [45:16] housing uh that's proposed on the site [45:18] and also to beautify this uh primary [45:22] entry intersection to the town of Ross. [45:28] The proposed Upper West Ross underground [45:30] utility district is a rule 20B [45:33] district [45:36] that's shown here in gray. Um and that [45:40] is [45:42] um [45:46] a second. Yeah, we're going to talk [45:48] about the upper west Ross. Sorry, [45:50] they're all named similar. Upper West [45:52] Ross is this district up here that's [45:55] proposed uh in it's currently in the [45:58] petition phase. As I mentioned, [46:02] the items required to initiate this [46:04] upper west Ross district. It's very [46:06] similar. It's identical to the process [46:08] that we went through with the West Ross [46:11] district which we'll be talking about [46:12] after this. Um where we have an informal [46:16] assessment district boundary prepared [46:19] and u that has been prepared. Uh [46:23] the neighborhood group hired Harris [46:25] Associates to do the preliminary um [46:28] pre-initiation engineering and boundary. [46:31] They uh also prepared estimates of the [46:33] design and construction costs in order [46:35] to prepare the uh estimate of the [46:37] individual parcel assessments. So that's all been completed on a uh basis [46:42] on a preliminary district boundary. The [46:44] boundary is going through uh some [46:47] modifications here and there. A few [46:49] people have called in to uh opt out of [46:52] the district which is allowed for by our [46:54] policy. if they are on the outer fringes [46:57] of the district and they want to opt out [47:00] of the district. Uh [47:03] so far the ones who wanted to opt out [47:05] are is because they're already their [47:07] utilities are already undergrounded um [47:09] up it's the roadway off of upper road. [47:14] Um and some of them just don't you know [47:16] they don't want to be in the district. [47:18] They they would be an actual negative [47:20] vote and they won't sign the petition. [47:22] And if they are on the on the fringe and [47:24] we can keep a contiguous district, we [47:26] allow them to opt out. So, but it's [47:29] still a um fluid situation. Uh the [47:32] neighborhood group's been great to work [47:34] with. Uh very proactive group. Um [47:38] they're currently circulating the [47:39] petitions of interest. That's the step [47:42] four. And they're looking for uh 65% [47:45] property owner support in the district. [47:48] And if the initiation of the district is [47:50] approved at a public hearing, the [47:52] property owners or the subset of these [47:55] owners must pay the town in advance for [47:57] the engineering and legal services [47:58] costs. These payments will reside in a [48:01] similar or same town administered [48:04] separate general ledger account. [48:09] So um and at the end of the presentation [48:11] and after uh council we go to um public [48:16] um we open the floor to the public. I [48:18] believe the neighborhood group is here [48:20] to add some more information and and um [48:22] discuss their uh actions to date. [48:28] Moving on to the West Ross Underground [48:30] utility district which also rule 20B [48:33] assessment district. Now, rule 20B means [48:36] that um it's it's needs to be funded by [48:40] something uh other than um you know, PG& [48:45] and it doesn't need to be an assessment [48:46] district, but that's the best and most [48:48] popular way to move these districts [48:52] forward as a um a a town managed uh [48:59] capital public works project, but it's [49:01] funded through the uh the sale of the [49:04] bond bonds which are um paid for by the [49:08] annual assessments of the property [49:10] owners. [49:17] So the West Ross district and that this [49:20] is including the Thomas and Hilgurt [49:22] properties. Let me go back to this [49:25] drawing. So in the during the design [49:27] process of the district, PG& determined [49:29] that a few locations that they wouldn't [49:32] be able to complete the grid the [49:34] electrical grid undergrounding without [49:36] having to acquire easements through [49:38] private property. So in lie of that [49:41] process which would have added uh [49:43] significant costs and time um they asked [49:47] us well if if these properties on Thomas [49:50] Court and these properties up here in [49:52] Hilgurt if they would join the new [49:55] district then we won't need to get [49:57] easements from them. We can just run the [49:59] undergrounding right up the road. And uh [50:01] the neighborhood group met with those [50:03] property owners, not all of them, but [50:06] most of them. Um and they they agreed um [50:10] in concept to join the district. Now, uh [50:14] we need a council action would amend the [50:17] boundary of the rule 20B district. [50:20] That's that would be a uh required [50:22] before we can move forward. Um and uh [50:25] bond council who I believe is uh in the [50:28] on the zoom um group uh mentioned that [50:32] they should probably be petitioned. you [50:35] know, we need to see where really they [50:37] stand officially. The petitions become [50:39] part of the uh town clerk's record and [50:44] then we proceed with the uh revision of [50:47] the assessment district boundary and we [50:50] work uh those properties into the [50:53] engineers report for the assessment [50:55] district. [50:59] So the status of this project is it's [51:01] about 90% ready for uh going to bid and [51:04] balloting. The the design is of the [51:08] joint trenches completed. The design of [51:10] PG& u facilities all the locations of [51:14] all the transformers [51:16] that's all been completed of the [51:19] specifications and bid documents are are [51:21] very nearly done. Uh, in fact, I got an [51:24] encroachment permit application from PG [51:26] to do the undergrounding uh about two [51:29] weeks ago, and you know, we're [51:31] definitely not ready to issue the [51:32] encroachment permit, as I'll get into in [51:34] a minute. We have a number of steps to [51:37] go through with uh council and staff [51:39] involvement to get to this point of [51:43] getting this project going, and I'll get [51:45] into that in a in a little bit. [51:49] The 2019 estimated cost of this uh this [51:54] project was 7 million3 7 million35,000 [51:59] based on the the preliminary uh boundary [52:03] and estimates done during the [52:04] petitioning phase. The 2025 estimated [52:07] costs after we got uh PG&'s estimates [52:10] for the undergrounding is 23,820. [52:13] So you can see the course of six years [52:16] that is quite the uh what is that 300% [52:20] um [52:22] escalation [52:24] the contributor expenses to date. Now [52:27] this is money that the contributors have [52:29] uh given to the town to keep in a uh [52:32] escrow fund account um that so that we [52:37] pay the invoices as they come. We pay [52:38] the invoices for CSW, the district [52:41] engineer, and we pay the invoices for um [52:44] PG& and uh and bond council as well. [52:49] They've contributed uh $276,479 [52:53] of their own money to uh keep this uh [52:58] move this project forward. The number of [53:00] assessed parcels is 125 [53:05] and the median total assessment per [53:07] parcel total is $163,612. [53:11] Now that would be um I believe over they [53:15] would pay that back over 30 39 years I [53:19] think. Um get clarification on that but [53:22] it's 30 or 39 years. and the schedule [53:25] for this work once we get through um [53:28] bidding we and we revise the assessment [53:31] report and the assessment report is [53:32] adopted by council and we uh get [53:35] authorization to to bid and we award the [53:38] bid. It would be two construction [53:40] seasons after that point uh two years [53:43] two summer spring summer uh construction [53:46] season to uh probably complete this [53:50] project. [53:52] So this is a little um detail about how [53:56] the costs are broken down. We come up [53:58] with a basic construction cost, [54:00] incidental expenses. We have bond [54:03] financing expenses to get a subtotal [54:06] project cost of 21 million. [54:09] Uh keep a bond reserve fund 1,852 [54:15] capitalized interest 1,ion5. [54:18] Um so the total assessed project cost is [54:22] 24,431 [54:25] and of that it's broken out into a [54:27] general benefit of 2 and a half% of that [54:29] is a general benefit. That's a that's a [54:31] benefit that's not specific to any [54:34] parcel. It's a general benefit for the [54:36] general population. As such that money [54:38] cannot be part of the assessment. it has [54:41] to be paid by [54:45] somebody other than uh the the [54:48] assessment. So that would be you know [54:50] currently we're looking at um the [54:54] property owners to pay that money [54:56] upfront. Now our policy does allow uh [54:59] the town to contribute $25,000 towards [55:02] that. But that's still a a significant [55:05] amount of money that would need to to [55:07] come up with before we can uh We want to [55:11] have we need to have the bond sale and [55:12] all of this funding in place before we [55:15] award the project. [55:18] And then the special benefit that's the [55:19] amount that's going that's the amount of [55:22] the um assessment and the bond sale [55:25] um is 23,820,000. [55:29] That's the special benefit that's [55:30] allocated among all the parcels that re [55:33] actually receive a benefit from the [55:35] undergrounding. The benefit is there's [55:37] uh the safety benefit. there's a visual [55:40] benefit and um a few of the other things [55:45] that will be more specific when we uh [55:47] come to council with the assessment [55:49] district report. [55:54] So in in conclusion of this [55:58] presentation, the town professional, [56:00] clerical, and finance staff as well as [56:02] the town council must carefully [56:04] prioritize work to advance these [56:06] projects along. Timely prioritization is [56:09] important to reduce potential impacts [56:10] associated with escalating construction [56:12] costs, fluctuations in the bond market, [56:15] and changes in parcel ownership. So to [56:18] kind of summarize, [56:21] we have [56:23] the project nearly ready to go to bid. [56:24] Well, we we um also need to have the [56:28] boundary revised and we uh need to [56:32] advertise and authorize the the bid. [56:36] Once we get the all of the bids back, [56:38] the highest and most or the lowest and [56:41] most responsive bidder, we take that [56:44] amount and we give that to the [56:45] assessment district engineer. He revises [56:48] the assessments to more accurate costs. [56:51] That's another council uh hearing. And [56:54] then we [56:57] uh get have another council meeting to [56:59] approve that assessment district report. [57:04] And then we go to balloting. And that's [57:06] another um heavy council and staff um [57:12] uh commitment of time to get the get the [57:14] balloting done. the balloting uh doesn't [57:17] pass, they uh um the contributors, they [57:21] lose all the money that they've put up [57:23] front. Project does not move forward and [57:25] that's that's kind of the end ending of [57:27] it. I'm not going to get into the [57:28] particulars of the balloting and all [57:30] that. That's that's defined in the or [57:32] described pretty well in the policy. Um [57:35] so after the balloting we uh if it [57:37] passes then we need to award have [57:40] another council meeting to award the [57:41] project and get the get the project [57:44] going and in between that we need to [57:46] decide uh how and what is the process [57:50] for uh selling these bonds and and [57:53] moving forward that and financing the [57:55] project. Um so that is uh as you can see [57:59] a big commitment of time. you know, I [58:01] can see four consecutive council [58:03] meetings uh to get this project under [58:06] construction. [58:09] So, that kind of that concludes my [58:11] report and uh I'm here to answer any [58:14] questions. I um I hope uh Stephanie [58:17] DeMarco and her group is available on [58:21] Zoom, [58:24] but when we open up the public comment, [58:25] we can uh we can take those comments. [58:27] And that concludes my report. Thank you. [58:29] Rich. Questions from council [58:31] members. Matt. [58:34] >> So, thank thanks, Rich. We I don't know [58:36] if you remember, but a CIP probably last [58:40] year, the year before, we talked about [58:41] trying to create [58:44] some organization around these um this undergrounding. [58:51] Do you have any other any thoughts about [58:53] that? Because if each one of these [58:55] groups wants to do this, we have to go [58:57] through this process every single time. [59:00] And not I mean the west one obviously is [59:02] the largest and probably the most far [59:05] along. But I had we talked about is is [59:08] there a way that the town can steer this [59:10] in a direction so that it is easier to [59:12] process and easier to let neighborhoods [59:15] know that we're looking at your [59:16] neighborhood, but it has to wait its [59:18] turn essentially. [59:20] >> Yeah. Well, I think that's that's really [59:22] up up to the the council if they want to [59:26] uh sort of what I'm hearing what I'm [59:28] understanding you're saying we can't [59:30] have two or three districts going on at [59:32] the same time. That's just not feasible [59:34] with our resources. Um so when an [59:37] application for a undergrounding [59:39] district comes along and I'm just [59:41] thinking out loud here the council can [59:43] say well we need to we need to do one at [59:45] a time. um we can put you on the it you [59:49] know provide the the new neighborhood [59:51] group with some sort of um [59:53] implementation schedule or something [59:55] like that. Um that it's that's a good [59:57] question and I think that's a um that's [59:59] something that we need to start [1:00:00] considering [1:00:02] >> and I mean I know we're losing you [1:00:04] unfortunately but there are there are [1:00:07] economies of scale with doing these [1:00:10] projects correct? [1:00:12] I mean just even going to the having to [1:00:13] go to for so many bonds Yeah, strictly [1:00:16] financially speaking, I I think that [1:00:19] there is economy of scale because you [1:00:20] then you have more properties uh [1:00:23] contributing. Um but boy the disruptions [1:00:27] from this construction though during the [1:00:29] West Ross I mean you've got Glenwood [1:00:31] you've got all of Logan Fernhill [1:00:35] um parts of Norwood that it you know [1:00:38] they're going to need to be closed [1:00:39] sometimes uh for not closed but you know [1:00:43] your basic uh one-way traffic control uh [1:00:47] for two years and then when you're done [1:00:50] with all that you have to convince uh [1:00:53] 210 10 property owners to disconnect [1:00:56] their services and uh reconnect to the [1:00:59] undergrounding uh risers that are at [1:01:02] their property line. You got power and [1:01:03] you got cable and that is paid out of [1:01:07] pocket by the individual property [1:01:08] owners. Um if you uh you know talking to Tibberon about this process, they [1:01:14] have that small Hawthorne district which [1:01:16] was a cookie cutter subdivision uh [1:01:20] basically one street and a bunch of lots [1:01:21] on either side for the most part. [1:01:24] Uh there were groups of people who [1:01:27] we just couldn't get a hold of really to [1:01:29] hey you need to your power is going to [1:01:32] be shut off in two months. You need to [1:01:34] do your connect your your services to [1:01:36] these risers. You need to hire a [1:01:38] contractor and get these things [1:01:39] connected or you're you're going to be [1:01:40] without power. Now you expand that. [1:01:45] Compare that Hawthorne district to this [1:01:48] West Ross district. That's a um that's [1:01:51] going to be a huge coordination effort [1:01:53] between the the town and the contractor [1:01:55] and the property owners to make sure [1:01:57] they all get connected up to the [1:01:59] undergrounding district. I I see that [1:02:01] and and uh my discussions with the u [1:02:05] with the district engineer today. We see [1:02:09] that as as one of the um one of the main [1:02:12] time consuming and one of the more [1:02:14] difficult aspects of the undergrounding [1:02:16] district is the final get everybody on [1:02:20] connected to this underground uh [1:02:22] district so that they can have power [1:02:24] because um PG& [1:02:27] I don't know how long they wait but they [1:02:30] it's in their best interest to uh get [1:02:34] remove the poles and the power and [1:02:35] energize the undergrounding process. [1:02:38] So um economy of scale you know maybe [1:02:42] financially but when you get projects [1:02:44] this size there is logistical problems [1:02:47] that would will really start burning [1:02:49] into staff time and consultant time and [1:02:52] things like that. So that's the kind of [1:02:53] stuff you have to look at. [1:02:55] >> Yeah. Yeah. So, what I was saying is we [1:02:56] have this great policy, but now that [1:02:58] we're actually seeing things come [1:03:00] forward, it seems like we need some [1:03:02] leadership from the town and the staff [1:03:04] to toward kind of see oversee these [1:03:07] processes and make them actually work. [1:03:10] >> And that's what I'm afraid of is like [1:03:12] now you've got four different districts [1:03:14] all coming forward and I think it's [1:03:16] going to overwhelm our our staff and our [1:03:19] ability to manage this. [1:03:25] Anyone else? [1:03:26] >> I have a question. Um, Rich, was there [1:03:28] ever um or is there yet a solution to [1:03:31] how to count and for the upper west Ross [1:03:34] district, how to count the parcels that [1:03:36] are owned by the town or by the um uh [1:03:40] the county or the, you know, open space [1:03:43] district? [1:03:44] >> Yeah, that that that's a great question. [1:03:45] Thank you for bringing that up. Um so [1:03:48] yeah that [1:03:50] to get the uh petitioning done and then [1:03:53] further on to get them um these [1:03:56] governing boards to the balloting stage [1:03:59] is something that's not really addressed [1:04:02] in the in our policy. We don't we don't [1:04:05] really know and one of the parcels is [1:04:07] the the town of Ross owns. It's [1:04:09] undevelopable [1:04:10] but and it's probably a zero assessment [1:04:14] but and uh bond council is available I [1:04:17] think tonight to answer some questions [1:04:18] and this might be a good one for him to [1:04:20] answer is that uh I I think they still [1:04:23] need to go through the petitioning [1:04:25] process. Let's just take Ross for [1:04:27] example. Um it would be a council [1:04:29] action. Yes, we want to sign the [1:04:31] petition for the upper this new upper [1:04:33] west Ross district. Now what's the [1:04:35] process for that? We don't it's true. We [1:04:38] don't really have a process for that, [1:04:39] but it's something that um I think we [1:04:43] would need a consultant, either bond [1:04:45] counsel or or a municipal um consultant [1:04:48] to to help us with and that would [1:04:50] require an amendment to our policy [1:04:54] perhaps, or it could be just a council [1:04:56] action that allows this as an amendment. [1:04:58] I I not sure what the process is myself, [1:05:02] but it's something that uh staff could [1:05:04] work out with uh with our consultants. [1:05:07] Thank you. [1:05:10] » No, Elizabeth, that's the question I was [1:05:12] going to ask. [1:05:13] >> Bill, do you have anything? [1:05:16] >> I was a little confused about the the [1:05:19] general benefit, the 2.5%. [1:05:21] Did you say that the residents of the of [1:05:26] the district would pay for that or would [1:05:27] it be the entire town? [1:05:30] >> Well, it it's a good question, mayor. [1:05:32] It's we haven't really pinpointed [1:05:35] uh who's going to pay that, but it has [1:05:37] to come from from some entity or some [1:05:42] contributor or some uh you know [1:05:46] a a deep pocket somewhere. The town's [1:05:48] committed to 25,000 per our policy [1:05:52] >> policy. Sorry, I'll just step in because [1:05:53] I remember drafting that policy. [1:05:55] >> Yeah. Um, it requires some other entity [1:05:58] besides the town to pay the for the [1:06:01] general benefit. It can't be assessed [1:06:03] under Prop 218, but the neighbors in the [1:06:06] neighborhood need to come forward with [1:06:08] that as an additional amount. [1:06:11] >> So, I think I read I was having trouble [1:06:13] seeing it was $610,000 [1:06:16] minus 25,000. So, it's in the high 500s [1:06:20] that the neighbors in the district would [1:06:22] need in addition to the amount that [1:06:24] they're being assessed. [1:06:26] Okay. [1:06:26] >> Yeah. [1:06:27] >> Okay. Um, [1:06:30] any other questions? So, Bill [1:06:36] » Rich, the the money that was originally [1:06:38] put up for this project by various [1:06:42] owners. I think it was $270 [1:06:44] something,000. [1:06:47] And I I seem to recall that was [1:06:49] something that could be recovered by the [1:06:51] people who put it up if it went forward. [1:06:55] But is that in the cate I mean is it [1:06:58] that's separate from the what we're [1:07:00] talking about as a general benefit [1:07:02] contribution. [1:07:03] >> Yes. This this money was put forward and [1:07:05] I think it's it it's 325,000 [1:07:09] or something like that. I have it in [1:07:10] here. They've spent uh 260,000 to date [1:07:15] and there's some money left to to get us [1:07:17] to the point of of of balloting and the [1:07:22] district engineer reviewing the [1:07:24] assessment district. It's not for [1:07:26] construction or anything like that. And [1:07:28] yes, if the balloting passes and the [1:07:31] district moves forward, that upfront [1:07:33] money that they put up a few years ago, [1:07:35] that can be part of the assessment as [1:07:37] well as staff time spent on uh moving [1:07:40] through the district. And that's a tally I need to give Christa [1:07:44] before I leave is the time that I've [1:07:46] spent working with with uh the [1:07:49] consultant on this project because [1:07:52] that's all reimburseable too uh under [1:07:56] well it's all payable by the by the bond [1:07:59] sale and the assessment district. [1:08:02] >> Thank you. I I just wrote that down. [1:08:04] >> Okay. [1:08:04] >> Something that I need I need from you. [1:08:07] >> I I Are you done? I have one more [1:08:09] question. Why? Could you just give a [1:08:12] general explanation as to why the costs [1:08:15] have gone from 7 million to 24 million? [1:08:19] >> Uh the engineer provided me when he gave [1:08:21] me that estimate, he provided me with [1:08:23] three or four reasons. [1:08:25] A lot of them was just uh general cost [1:08:30] of um materials. [1:08:33] uh the increased cost of you know the [1:08:35] logistics behind delivering the [1:08:37] materials uh labor costs all of that has [1:08:40] gone up and and um [1:08:43] you know that's that's basically is it's [1:08:45] the cost of doing these types of [1:08:46] projects plus the actual infrastructure [1:08:50] costs and the addition of the Hilgart [1:08:54] and Thomas parcels and that [1:08:56] undergrounding [1:08:58] and you know finally knowing where all [1:09:00] these um [1:09:04] the electrical [1:09:06] what are they called transformers where [1:09:09] all the above ground transformers go [1:09:10] those are extremely expensive the that [1:09:13] count increased as well so it's it [1:09:16] that's basically it it's the cost basic [1:09:18] cost of construction for this [1:09:19] undergrounding [1:09:21] um that caused these uh these cost to [1:09:26] rise and um that's 2025 that's before [1:09:31] you know the uh the gas prices went out [1:09:34] of control and the diesel prices went [1:09:35] out of control. So, and we'd have to [1:09:37] it'll be interesting to see once these [1:09:39] bids come back what the actual costs [1:09:41] will be. [1:09:43] >> Thank you. Public comment, Christa. [1:09:46] >> Excuse me, mayor. Um and Rich, uh I [1:09:50] recall that you had a question for our [1:09:52] bond council who's been waiting [1:09:53] patiently online. Can we ask him your [1:09:56] questions? [1:09:58] >> Um [1:09:58] >> now, [1:09:59] >> yeah. Uh we have uh Nick Joerger from [1:10:01] Straddling Law. Um here just some [1:10:05] general information, Nick, if you wanted [1:10:07] to on uh your um your views of how the [1:10:11] uh this district is going and where it [1:10:12] can hit where it's headed. [1:10:14] >> Yeah, sure. Sorry. Hopefully everyone [1:10:15] can hear me. I'm not [1:10:16] >> Yeah, we can do loud. Yeah, my name is [1:10:18] Nick Jagger. I'm a partner at Stradling [1:10:19] Yaka Carlson and Ralph and we've served [1:10:21] as bond council um kind of since the [1:10:24] beginning of the West Ross [1:10:25] undergrounding district. Um, you know, [1:10:27] Rich, I don't, if you have a question [1:10:29] for me, I'm happy to answer. I don't [1:10:30] really have anything specific to add. I [1:10:32] think you kind of laid out the status of [1:10:33] where things are and and where things [1:10:35] are going um pretty well and and you [1:10:38] covered the general verse special [1:10:40] benefit um discussion as well. [1:10:44] >> Yeah. Yeah, I mean I for C if council [1:10:46] has any specific questions as far as you [1:10:49] know like I guess for the the commitment [1:10:52] to the bond sale um is that something [1:10:56] that uh I would imagine bond council [1:10:59] would assist us with or is that where we [1:11:01] would need sort of a a municipal [1:11:04] consult? So yeah, if if you know that [1:11:06] would be kind of after the stage at [1:11:08] which you know we've done the balloting, [1:11:10] the assessments are finalized and set [1:11:12] and then we would go out the town would [1:11:14] go out to sell the bonds to get the [1:11:16] remainder of the project fund. Um we [1:11:18] would assist with that as bond council, [1:11:20] you know, giving preparing the [1:11:21] documents, preparing the disclosure [1:11:23] documents to sell the bonds, but you [1:11:25] know, the town would require other [1:11:26] services. is, you know, there'd have to [1:11:28] be an underwriter that would, you know, [1:11:29] underwrite the bond sale and and sell [1:11:31] the bonds to investors as well as a [1:11:33] municipal adviser that would be the [1:11:35] town's fiduciary um to assist with kind [1:11:37] of the financial aspects of a of a [1:11:39] public bond sale. [1:11:41] >> Okay. Oh, thanks, Nick. Uh go ahead, [1:11:44] Matt. [1:11:45] >> Um so, one question for the bond [1:11:46] council. Is the bond being backed by the [1:11:50] town? Like what's the credit? [1:11:52] >> It's payable only from the special [1:11:54] assessments on the properties. So is [1:11:56] >> the town's general fund is not um [1:11:58] >> how do they assess the credit? Is it of [1:12:00] the the people that live here their [1:12:02] ability to pay? [1:12:04] >> Um it's so the bonds would be secured by [1:12:07] the right to foreclose on a property [1:12:09] that didn't pay. So it really comes down [1:12:11] to the value of the property. They kind [1:12:13] of do some um credit calculations based [1:12:15] on the value of the property as compared [1:12:17] to the amount of the bonds is kind of [1:12:20] the most basic way to think of the [1:12:22] credit. [1:12:23] >> Okay. because it would be very high [1:12:24] given that the property values are very [1:12:26] high here. [1:12:28] >> I would I I would imagine so. Yeah. [1:12:33] » Um it's it's really uh it's a shame that [1:12:38] this is such an expensive proc process [1:12:42] and how long it takes two to seven [1:12:44] years. Um I mean it clearly benefits [1:12:48] neighborhoods to have undergrounding in [1:12:51] many ways. Um, do you see any changes in [1:12:56] the future [1:12:58] of ways to streamline this [1:13:01] in uh reduce the costs either state [1:13:05] legislation or national legislation, [1:13:09] Marin County? [1:13:13] » Um, that's a good question. [1:13:15] Well, you know, the streamlining the the [1:13:18] bottlenecks in this process, if if I if [1:13:22] I may, you know, is uh getting equip a [1:13:26] commitment between uh council and staff [1:13:29] to move this forward. Uh we were ready [1:13:31] to go with this and bring it to council [1:13:33] in uh uh January uh December January. We [1:13:38] had a meeting with I had a meeting with [1:13:40] uh Stephanie DeMarco and and uh the Rich [1:13:43] Sa CSW district engineer and like and [1:13:47] I'm uh Rich, I want to bring this to [1:13:50] council in uh no later than May. [1:13:54] And he said, "Yeah, we'll we'll finish [1:13:56] it up. We'll get it going. PG is ready [1:13:58] to go." And [1:14:00] you know, when I brought it to Kristen [1:14:02] in the C in the in our coordination [1:14:04] weekly coordination meetings, it's like, [1:14:06] well, no, we can't we can't do it. We've [1:14:08] got this, this, and this going on. You [1:14:11] know, there's well, can we do it then? [1:14:13] No, it's it just kept getting pushed [1:14:16] ahead. I we could not Kristen and I [1:14:19] could not find a staff or a council [1:14:23] meeting that we could do the three or [1:14:25] four consecutive meetings. So, you know, [1:14:28] we were planning I wanted to get this [1:14:30] out to bid in June, [1:14:32] do the balloting in July, and, you know, [1:14:35] get this thing moving this construction [1:14:37] season, but we um [1:14:41] I I want to add in though is my [1:14:44] recollection is that the um the leaders [1:14:48] of the group put a pause on it. [1:14:53] They did put a pause on it when we t [1:14:55] when we we uh discussed it in uh [1:14:58] November and December. They just, you [1:15:00] know, we just given them their the new [1:15:03] estimate of costs and they wanted to, [1:15:06] you know, check the the temperature of [1:15:09] the of the group. Um, and then we uh [1:15:16] we did I didn't get back with them until [1:15:20] uh a few months later and by then [1:15:25] there was no place to to to stick this [1:15:27] into the council agenda. So, we did have [1:15:30] a a pause to kind of they they wanted to [1:15:34] get a reassessment of their of their [1:15:36] group and if there's still on board, but [1:15:38] by then it was it was too late. we'd [1:15:40] miss the the window. [1:15:42] >> Rich, I I I know that you and the town [1:15:44] have done everything you possibly can in [1:15:46] the community, neighborhood groups, too. [1:15:48] I'm actually thinking of is there's a [1:15:50] lot of towns that have this issue [1:15:53] >> all over Morin and I'm sure in [1:15:54] California. Is there any statewide [1:15:57] effort to deal with utility companies [1:16:00] and undergrounding and making this more [1:16:02] available to cities and towns without it [1:16:05] taking so long and costing so much? [1:16:08] >> Yeah, I'm not I'm not sure. I know P Gen [1:16:10] is really stepping up the undergrounding [1:16:12] of their transmission lines and and any [1:16:16] lines through extreme high fire hazard [1:16:19] places. Um [1:16:21] I don't know how low we are on that [1:16:24] totem pole, but um that our our best bet [1:16:27] would to get a PG& in a more proactive [1:16:29] role in the CPU uh to come up with with [1:16:32] some sort of streamlining of it. And [1:16:34] I'll just add Neil probably can speak to [1:16:36] that better because he's involved in a [1:16:37] lot of that statewide legislation. But I [1:16:39] just know from my own personal [1:16:40] experience with other cities [1:16:43] is cutting back on the amount that [1:16:44] they're willing to spend on [1:16:46] undergrounding like in the 2A context [1:16:49] the amount of money is not coming to [1:16:50] cities as much as it used to. There's [1:16:52] been state legislation trying to urge [1:16:54] them to do more and they've been [1:16:56] fighting that. [1:17:00] » Thank you. [1:17:02] Um, public comment on this item. Anyone [1:17:05] in the chambers would like to make [1:17:07] public comment? Gina. [1:17:17] » Okay. Well, good evening, Mayor McMillan [1:17:20] and council members. Um, my name is Gina [1:17:23] Nellison and I'm speaking on behalf of [1:17:25] the Upper West Ross underground utility [1:17:28] undergrounding neighborhood group. [1:17:31] First, thank you to town staff for the [1:17:34] work done so far for and for identifying [1:17:37] the key issue in the staff report uh for [1:17:40] our group, which is that the town's [1:17:43] policy does not currently explain how [1:17:46] public or non-residential partial [1:17:49] parcels should be handled at the [1:17:51] petition and balloting stages. [1:17:55] So this issue may determine whether our [1:17:58] district is feasible at all. And um our neighborhood is sort of unique [1:18:05] because we have uh these open space [1:18:09] parcels on the inside. So if you exclude [1:18:13] these public parcels, we have 29 out of [1:18:16] 39 parcels signed, which is 74% um well [1:18:21] above the 65% petition. But if the [1:18:24] public open space parcels inside our [1:18:27] boundary are included and they are not [1:18:30] signing uh which includes the town, our [1:18:33] support falls to approximately 64% which [1:18:36] is just below the threshold. Um because [1:18:39] these are internal and not fringe, we we [1:18:42] can't redraw the boundary. Um and so we [1:18:45] respectfully ask council to direct staff [1:18:48] working with the town attorney, bond [1:18:50] council, and the assessment engineer to [1:18:53] return with a clear answer on the [1:18:56] correct parcel count and petition [1:18:58] denominator for this project um before [1:19:01] it's deemed insufficient. [1:19:03] Um the second issue is upfront funding [1:19:06] and um the town's own experience so far [1:19:10] shows the scale of that barrier um with private [1:19:16] people having to raise between three and [1:19:18] $400,000 [1:19:20] um before getting to to just balloting. [1:19:24] And um [1:19:27] if that ballot fails, contributors [1:19:29] recover only what has not been spent. So really hundreds of thousands of [1:19:36] dollars are at risk. Um our group has [1:19:39] advanced 10,000 so far. Um but but the [1:19:44] report acknowledges that, you know, we [1:19:46] may still run into hundreds of thousands [1:19:48] of dollars. And um you know this is [1:19:52] where the creative thinking of maybe [1:19:55] combining these districts um you know [1:19:58] could be workable. Um [1:20:02] so put simply if the price of getting to [1:20:04] ballot is volunteer neighbors raising [1:20:06] hundreds of thousands of dollars many [1:20:08] otherwise viable districts will never [1:20:10] reach the point where true neighborhood [1:20:13] support can even be tested. Nearby towns [1:20:16] are finding more workable models. [1:20:18] Tibrron recently asked residents [1:20:22] to fund a third [1:20:24] uh of of early engineering and design [1:20:27] costs while the town covered the [1:20:29] remaining twothirds. Um Belvadier's [1:20:32] municipal municipality supported [1:20:34] approach has helped that city become [1:20:36] nearly fully undergrounded. And we're [1:20:38] not asking Ross to to you know copy [1:20:41] these policies wholesale. We're just [1:20:43] asking whether there can be some [1:20:45] creative early stage risk on the part of [1:20:48] the town, a reimburseable advance, [1:20:51] limited cost sharing or revolving [1:20:53] feasibility fund. Um anyway, we're very [1:20:57] grateful to Ross' help and for the [1:20:59] town's stewardship and we hope this can [1:21:02] be a win-win for residents [1:21:04] um and the town alike. So, thank you. [1:21:07] >> Thank you. [1:21:09] Anybody else in the chamber? [1:21:11] Anyone online? No one online, mayor. [1:21:14] >> No one. Okay, we'll bring it back for [1:21:17] any further discussion. [1:21:20] >> So, I I think it's clear we need to have [1:21:23] a townled initiative for this. I think [1:21:26] if we don't have this agendaized as a [1:21:30] council item to sort of work through [1:21:32] what is our plan, then we're just going [1:21:35] to have these mushrooming groups come [1:21:37] before us and even just having to issue [1:21:40] this many bonds would just be almost [1:21:42] impossible for us to do. We're already [1:21:44] seeing that in the civic center. I mean, [1:21:46] it's it's a big process to go out to the [1:21:48] market and and and seek a bond. And to [1:21:50] have to do that for every single one of [1:21:52] these districts seems really [1:21:54] duplicative. [1:21:56] So my suggestion is that we create a [1:21:59] plan. So we have a policy but now we [1:22:01] need a plan like how that the residents [1:22:04] want to do this. How do we enable them [1:22:06] to do it so that it doesn't tax the town [1:22:09] staff and our ability to execute on [1:22:12] everything we have to do and that's only [1:22:14] through coordination and our leadership [1:22:16] on what we should do. So I and and then [1:22:19] Gina's comment here. I mean the fact [1:22:21] that there are parcels that we own but [1:22:23] they are do they count or do they not? I [1:22:25] mean this is too much. We need it needs [1:22:27] to be comprehensive where the answers [1:22:29] are very clear and the residents know [1:22:31] what they're up for. The last thing I'd [1:22:33] say is the losing of the funds is just [1:22:36] this is a travesty that people would put [1:22:38] up $500,000 [1:22:39] for a district and then it just [1:22:41] completely goes away. So the there are [1:22:44] so many issues that have to be [1:22:46] addressed. I think having the policy was [1:22:48] the first step, but now that we're [1:22:50] trying to do this, we're uncovering all [1:22:51] these issues that only a coordinated [1:22:54] effort where we're leading and we're [1:22:55] saying here's what the town's doing. [1:22:57] Here's our plan and here's all the [1:22:59] answers and then we we move through the [1:23:01] neighborhoods and we say this is, you [1:23:03] know, we're going to offer this or [1:23:04] combine these districts together so that [1:23:06] there's just one bond that we're issuing [1:23:08] for all of them. But it takes leadership [1:23:11] and right now there's a void. So, I [1:23:14] really suggest it just needs to be an [1:23:16] item that unfortunately gets added to [1:23:18] the list of something we are [1:23:20] coordinating. Otherwise, it's it's very [1:23:22] quickly going to get out of hand. [1:23:25] >> Yeah, I I I appreciated the policy. It [1:23:28] was written quite a few years ago, but I learned a lot just reading that [1:23:32] policy. And I think you're right. There [1:23:34] has to be a plan. I tried to figure out [1:23:36] how do we do that without burdening [1:23:38] staff already burdened with a lot of [1:23:42] responsibilities. So, do you have a [1:23:44] suggestion for how we might have that [1:23:46] plan? [1:23:46] >> I'll have a suggestion. [1:23:48] >> You know, I I don't want to get too far [1:23:50] off our agenda item here, but I suppose [1:23:52] we're still on it and Ben will let us [1:23:54] know. Um, I tried to organize one of [1:23:57] these where I live and it really is [1:23:59] daunting. I mean you're first first you [1:24:02] have to go to your neighbors and say [1:24:04] I'll put in so much money will you put [1:24:06] in money and there was some interest and [1:24:09] then those neighbors sold their house [1:24:11] and so it's time to start over and plus [1:24:14] the topography of where I live you know [1:24:16] over on the east side these [1:24:18] neighborhoods are [1:24:20] kind of crazy I mean it's it's about as [1:24:22] far away from a grid system as you can [1:24:24] imagine and so just talking I think I [1:24:28] was talking to Rich just How would they [1:24:30] do this? And I remember Rich, you said, [1:24:33] "I'm not sure you could do it." In other [1:24:35] words, how would you even underground [1:24:37] it? And a lot of it would be hand dug by [1:24:40] hand. [1:24:41] >> Yeah. [1:24:41] >> So, this is what the initial money goes [1:24:43] towards the engineering and so forth. [1:24:45] But if you want to know why this is such [1:24:47] a long process, it's very complex and [1:24:50] for an individual homeowner, it's it's [1:24:53] really overwhelming unless you have a [1:24:55] lot of people who are on the same page [1:24:57] or somebody's really dedicated to this [1:25:00] like I remember Stephanie DeMarco was was leading this u uh well back in [1:25:06] 2019 before 2019. [1:25:08] Anyway, I I would be in favor of that, [1:25:10] but that that may be a future agenda [1:25:12] item. But I I I I do think there is [1:25:15] something here that could be discussed. [1:25:17] Generally speaking, we'd be safer and [1:25:19] the town would look a lot better if we [1:25:21] could get rid of some of these telephone [1:25:23] polls. And I think other communities [1:25:25] like Tivon, Belvadier, and so forth, [1:25:27] they are really into that. The countyy's [1:25:29] way ahead of us over in Green Bay and so [1:25:32] forth. [1:25:33] >> Anyway, [1:25:34] >> yeah, [1:25:35] >> that's that's my thought. And maybe we [1:25:37] should discuss this at the end of the [1:25:38] meeting, but I think we should bring [1:25:40] back as a future agenda item some of [1:25:43] these issues and try to advance and [1:25:46] coordinate and have some implementation [1:25:50] of our policy and work out the knits [1:25:53] that we're seeing. Maybe we have to hire [1:25:55] a consultant to to do that. Um, [1:25:59] especially with Rich retiring [1:26:02] >> part-time staff person. Yeah. I mean, [1:26:04] you think it's going to be it's going to [1:26:06] take a lot of time. [1:26:07] >> Yeah. [1:26:07] >> What's the timetable for trying to [1:26:09] determine what happens with the town [1:26:11] owned properties, you know, in in Genus [1:26:13] district, for instance, because the plan [1:26:15] can be, you know, it might take a while [1:26:17] to develop a plan, but it feels like [1:26:19] there's some urgency to try to make that [1:26:22] decide what to do with those properties. [1:26:24] >> Well, we could bring that back on a [1:26:26] future agenda item, but we'd need some [1:26:28] legal analysis and help with that. there is um as of July 30th there is no [1:26:35] one here to do this. No one. So um it [1:26:40] won't be brought back until we can um [1:26:44] obtain a replacement for Rich um because [1:26:48] even overseeing a consultant takes um [1:26:51] staff time and and understanding. So, [1:26:54] it's, you know, the council is also, [1:26:56] you've prioritized um expeditiously [1:27:00] moving forward with the architect [1:27:02] selection process. So, we've got that. [1:27:05] And then, if you recall during your CIP [1:27:07] discussion, you also have prioritized a [1:27:10] complete renovation of the Ross Common. [1:27:14] So, um I know those are things that the [1:27:16] council is going to need to think about, [1:27:18] but in answer to Mayor Prom's question, [1:27:22] I don't see that question being [1:27:23] answered, um anytime soon until we can [1:27:27] have uh Rich's uh position replaced. [1:27:30] Yeah. [1:27:31] >> So, maybe we can just put it on the [1:27:33] agenda for a future meeting and we're [1:27:34] most likely looking at next year, [1:27:38] >> not not sooner. [1:27:40] >> Well, I have one suggestion for that. So [1:27:42] I I think Gina, if you could combine [1:27:45] your group with the West group, it would [1:27:48] solve the issue because the denominator [1:27:50] will be so big at that point. So I mean [1:27:53] in the interim until we have a new [1:27:55] public works director and we can [1:27:56] formulate a plan to really try to make [1:27:59] this I mean the west group is so big. So [1:28:01] if we can try to co coordinate groups [1:28:04] together in the interim then if that's [1:28:07] allowed then we can hopefully have one big project. Yeah, Rich, could you [1:28:12] address that? [1:28:13] >> Yeah, we uh Gina and I discussed that uh [1:28:16] when we were kind of going over uh [1:28:17] strategizing. Um so the West Ross [1:28:21] district again is uh Pione signed off on [1:28:24] it. They like I said, they've issued [1:28:26] they encroachment permit application. [1:28:29] They want to get moving on it. Now if we [1:28:30] tell them, hey, we got it 40 more [1:28:34] parcels. Can we uh you know, can we turn [1:28:37] this into a new entirely new project? [1:28:40] Um, [1:28:42] a what is the West Ross folks going to [1:28:45] say about that? Uh, you know, one year [1:28:48] delay on on turning this into a new [1:28:50] project and and B, I don't think P Gen would would want to [1:28:59] do that. That's not the project. That's [1:29:01] not the that that the tariff is has [1:29:04] agreed to. There's there's there's so [1:29:06] many issues involved with that. I don't [1:29:09] think that's a solution that should be [1:29:10] pursued. [1:29:13] >> Well, so unfortunately we have to table [1:29:15] this really without a public works. [1:29:18] >> We'll add it to our pending agenda items [1:29:22] and you know when when we have a rich [1:29:25] replacement we will try to advance it. [1:29:29] Okay. Thank you Rich. [1:29:33] Now we're moving to item number 14. town [1:29:36] council to receive a presentation [1:29:38] regarding alternative project delivery [1:29:40] and procurement methods for [1:29:42] implementation of the Ross Civic Center [1:29:44] project and discuss the town's [1:29:46] priorities regarding project delivery, [1:29:49] procurement schedule, cost certainty, [1:29:51] and risk allocation. [1:29:54] David Kelly. [1:30:00] » Yeah. Mayor and council, just take us a [1:30:03] few moments to [1:30:24] Yes. [1:30:40] Good evening, Mayor McMillan, Mayor Pro [1:30:43] Tim Robbins, honorable council members. [1:30:44] I'm David Kelly. I'm your project [1:30:46] manager. Uh tonight is a presentation [1:30:49] by Dustin Alamo with Griffin Structures [1:30:52] in regards to additional procurement [1:30:55] methods that are available for the [1:30:58] town's consideration. Uh this is uh an [1:31:01] item that we've been actively discussing [1:31:03] in regards to project delivery and [1:31:06] procurement for the civic center [1:31:09] project. Um we've we've um since the [1:31:13] last council meeting, we've met with the [1:31:15] town attorney staff in regards to what [1:31:19] would be required to uh implement this [1:31:21] procedure. So council give us direction [1:31:24] and it would require some some very [1:31:26] basic amendments to our municipal code [1:31:28] which if directed we can bring back. But [1:31:32] uh [1:31:34] prior to that uh decision, we should [1:31:37] council want to move forward, we wanted [1:31:39] to give uh council uh opportunity to be [1:31:42] educated on these uh uh particular [1:31:45] procurement methods for pro project [1:31:46] delivery. Uh and some background on this [1:31:50] particularly uh progressive design is [1:31:52] that Marin County has been uh fairly [1:31:55] aggressively implementing this new [1:31:57] process that has uh been um designed to [1:32:02] uh facilitate project delivery and also [1:32:06] uh do so in a manner that provides a [1:32:08] number of benefits which uh Dustin will [1:32:11] cover in his presentation today. So with [1:32:12] that, I'll turn it over to uh Mr. Alamo [1:32:15] to give council a presentation [1:32:17] >> on some alternative procurement methods. [1:32:19] >> Great. Good evening, mayor, mayor prom, [1:32:22] members of the council. Um, as [1:32:23] mentioned, I'm Dustin Alamo from Griffin [1:32:25] Structures serving in the capacity of [1:32:27] owners rep. Uh, tonight I'm going to [1:32:29] give give you a little bit of a [1:32:31] miniseries, a master class on project [1:32:33] delivery. So, try to keep it as brief as [1:32:35] possible. Uh, but really the goal is [1:32:37] simply education and discussion. um and [1:32:41] a highle overview of project delivery, [1:32:42] what it means, the different options [1:32:44] available to the town and how those [1:32:46] decisions can ultimately affect cost, [1:32:49] schedule, risk and implementation. [1:32:52] So before getting into delivery methods, [1:32:55] um I think it's important to acknowledge [1:32:57] where the project stands today. So [1:32:59] council has identified the citizen [1:33:01] advisory committee alternate concept as [1:33:04] the preferred concept for further [1:33:06] evaluation and at the same time that [1:33:09] concept um and the facility master plan [1:33:11] are being refined. So in simple terms um [1:33:14] the town's working through two related [1:33:16] questions [1:33:18] what's exactly the project we want to [1:33:20] implement here and then once that's [1:33:22] sufficiently defined what's the best way [1:33:24] to actually uh deliver that. So those [1:33:28] two conversations are closely related [1:33:30] and that's the context for tonight's [1:33:32] discussion. [1:33:36] So the town has already completed a [1:33:38] significant amount of facility planning [1:33:40] and initial project visioning as you're [1:33:42] aware. Uh the town's completed [1:33:44] qualification process for firms capable [1:33:46] of updating the master plan [1:33:50] and uh received proposals for that work [1:33:52] on July 2nd. Um, we've been retained as [1:33:56] your owner's rep. And the next phase is [1:33:59] really about refining the project [1:34:00] concept, the budget while also [1:34:02] evaluating the appropriate delivery [1:34:04] approach. The important point here is [1:34:06] the town is not starting from scratch. [1:34:08] There's substantial work already [1:34:10] completed that can inform the next [1:34:11] decisions. [1:34:15] So before comparing the uh different [1:34:18] options, I want to define what we mean [1:34:20] by project delivery. It's simply the [1:34:22] structure used to organize, design, [1:34:24] procure, and uh construct a project. It [1:34:28] determines who contracts with whom, who [1:34:30] is responsible for design, cost, and [1:34:33] construction, when the architect and [1:34:35] contractor are integrated, um how risk [1:34:38] is allocated, and importantly, when the [1:34:40] town begins receiving meaningful costs [1:34:42] and schedule certainty. Uh this isn't um [1:34:46] there's not really one universal uh [1:34:48] correct delivery method. It really is um [1:34:51] it's about aligning the town's [1:34:54] priorities with the characteristics of [1:34:56] the project. [1:35:01] So this is a simple diagram, very basic, [1:35:04] but it's the traditional design process [1:35:06] that most of us are familiar with. You [1:35:09] really move from pre-esign uh into [1:35:12] schematic design, then design [1:35:13] development, construction documents. [1:35:16] Once you do all of that, you bid it out [1:35:18] and then you build it. It's a really [1:35:20] simple design, bid, build the and the [1:35:23] contractor generally enters the process [1:35:25] in this at the very end of the design [1:35:27] phase. And that's an important [1:35:28] distinction because by the time the [1:35:30] builder is involved, many of the major [1:35:33] design and project decisions have [1:35:35] already been made. [1:35:40] So this graphic is uh probably the [1:35:42] easiest way to understand the primary [1:35:44] differences between the three delivery [1:35:46] methods I'm going to discuss tonight. [1:35:48] The top is that design bid build. It's a [1:35:51] little bit hard to read, but the gray is [1:35:53] your owner advisor selection. The green [1:35:56] is architect selection. Um then the [1:35:59] orange is design. The other green there [1:36:02] of the top um is the bidding process. [1:36:05] And then the blue is build or [1:36:07] construction. So you can see the top one [1:36:09] is very linear. U the architect is [1:36:11] selected early, completes the design and [1:36:14] then the contractor um is selected [1:36:16] later. The second one there in the [1:36:19] middle of the page is design build. The [1:36:21] town would develop bridging documents or [1:36:23] criteria documents and then uh procure [1:36:26] an integrated design build team [1:36:28] architect and contractor together to uh [1:36:31] complete design and build and then [1:36:35] progressive design uh actually moves [1:36:37] that integrated team further or earlier [1:36:39] in the process. Uh so the town would [1:36:42] establish a project program objective [1:36:44] budget parameters and then would select [1:36:46] a design build team uh before the design [1:36:49] is fully developed. So as you move down [1:36:52] this chart what really changes is the [1:36:54] timing and level of integration between [1:36:56] design and construction. [1:37:00] Let's go into a little bit more detail. [1:37:03] So starting with that design bid build [1:37:06] approach um the first public bid project [1:37:09] in the US dates back to 1796 [1:37:13] and 230 years later um nearly everything [1:37:16] about construction has changed or [1:37:18] evolved I should say. Uh but basic [1:37:20] design bid build structure has largely [1:37:23] remained the same. Um the owner hires [1:37:25] the architect. The architect completes [1:37:27] the design and then once the design's [1:37:29] complete, the contractor bids the work. [1:37:31] And the defining characteristic is that [1:37:33] design and construction are [1:37:34] contractually and sequentially [1:37:36] separated. [1:37:42] So design bid build can absolutely be [1:37:44] successful here. Uh virtually every [1:37:46] public agency has successfully delivered [1:37:49] projects this way. The the challenge [1:37:51] here is predictability. Um because [1:37:54] contractors um they're not involved in [1:37:56] the design, the town may not receive the [1:37:58] true market pricing until uh the [1:38:01] project's fully designed and publicly [1:38:02] bid. Um and there's a lot of risk [1:38:05] especially in renovation projects. [1:38:07] Um if bids come in over budget, um [1:38:10] options become difficult and limited. Um [1:38:13] you can either add funding, redesign the [1:38:15] project, or reduce scope. And that [1:38:17] separation can also uh contribute to [1:38:19] constructibility issues, change orders [1:38:21] and disputes during construction. Mostly [1:38:24] the uh the most adversarial process of [1:38:27] them all. [1:38:29] But there are ways to mitigate it. Um [1:38:31] that's really what my firm does. Um if [1:38:34] you do design, bid, build, um you know, [1:38:37] you can mitigate those by engaging with [1:38:39] the owner rep or construction manager [1:38:41] early. Um you perform independent cost [1:38:44] estimates through design. uh you focus [1:38:46] heavily on schedule, constructability [1:38:48] reviews, site logistics, contract terms, [1:38:51] contingency management. They're all [1:38:53] tools we routin routinely use uh to [1:38:55] improve outcomes. The point here is that [1:38:58] it doesn't design bid build doesn't [1:39:00] work. It's just that um the owner has to [1:39:03] actively manage the gaps created by the [1:39:05] separation between design and [1:39:07] construction. [1:39:11] Okay, let's go to design build which [1:39:15] creates a different contractual [1:39:16] structure. Instead of separate architect [1:39:19] and contractor contracts, the town [1:39:21] contracts with a single design build [1:39:23] entity uh responsible for both design [1:39:26] and construction. It creates a single [1:39:29] point of accountability and allows cost [1:39:31] and schedule information to influence [1:39:33] design decisions in real time. It also [1:39:36] allows procurement of long lead items [1:39:38] and in some cases construction [1:39:40] activities like site grading, utilities, [1:39:42] demolition to occur uh earlier in the [1:39:45] process than waiting till you're fully [1:39:47] complete with design. [1:39:53] The trade-off is that traditional design [1:39:55] build requires owner to more clearly [1:39:58] define the project before procuring the [1:40:00] design build team. Otherwise, price [1:40:02] padding, allowances, and contingencies [1:40:04] are sure to be incorporated into pricing [1:40:07] because they're ultimately pricing risk. [1:40:09] So, you typically need strong bridging [1:40:12] documents, performance criteria, clearly [1:40:14] established quality expectations. It [1:40:17] also requires timely owner [1:40:18] decision-making. [1:40:20] And because design build proposals, excuse me, uh can be [1:40:24] expensive for teams to prepare, uh the [1:40:27] procurement itself needs to be [1:40:28] thoughtfully structured to maintain [1:40:30] competition in the marketplace. [1:40:36] So now let's get to the last one, [1:40:38] progressive design build. [1:40:40] This is a variation of design build um [1:40:43] that has become increasingly common for [1:40:45] public facilities in California. Uh the [1:40:48] biggest difference here from design [1:40:50] build is just when the uh design build [1:40:53] team is selected. So rather than uh [1:40:56] fully defining the design through [1:40:57] bridging documents um the owner can [1:40:59] establish program project objectives, [1:41:02] performance requirements and budget [1:41:04] parameters at a very early level. Um and [1:41:07] then the design build team is selected [1:41:09] through a competitive best value [1:41:11] process. From there the owner owner's [1:41:13] rep and design build team [1:41:15] collaboratively develop the project [1:41:16] together and that design progress um [1:41:20] along the the design progresses along [1:41:23] excuse me um alongside continuous cost [1:41:26] estimating and scheduling by the [1:41:28] contractor um constructibility reviews [1:41:30] and phasing analysis. And ultimately [1:41:33] we're developing the project together to [1:41:35] a point of a guaranteed maximum price [1:41:37] which is generally about um design [1:41:40] development phase. [1:41:42] Ultimately that team would develop that [1:41:44] GMP um through an open book process and [1:41:46] then the town has the option of [1:41:47] proceeding with that price or as a [1:41:50] contingency plan you could just bid it [1:41:51] out as a traditional design build [1:41:53] project. [1:41:58] So the biggest advantage is early [1:42:00] integration. You'd have the architect, [1:42:02] contractor, key trade partners, the [1:42:05] owner rep, and the town all working [1:42:06] together collaboratively uh while the [1:42:09] project is being developed. Uh the town [1:42:12] remains actively involved in all major [1:42:14] decisions. But instead of designing [1:42:16] first and pricing later, uh design [1:42:19] decisions are continuously evaluated [1:42:21] against cost and schedule and [1:42:23] constructibility. [1:42:24] This is especially helpful when due [1:42:26] diligence for existing buildings can be [1:42:28] integrated early in the process. open [1:42:30] walls, see how the existing building is [1:42:33] um you know the realities of the [1:42:34] existing building. Uh for complex or [1:42:37] evolving projects that can provide a lot [1:42:39] of uh flexibility. [1:42:44] So we we hear some um a few common [1:42:47] questions about progressive design [1:42:49] build. Um does it take longer is one of [1:42:51] the questions. Um the short answer is [1:42:54] absolutely not. uh the way that it's [1:42:56] developed gives you the ability to [1:42:58] really um overlap design and [1:43:01] construction as you saw in some of those [1:43:02] diagrams. Uh is it more expensive is one [1:43:06] of the questions and um it's not [1:43:08] inherently more expensive. It's it's [1:43:10] certainly not low bid. Um but the the [1:43:12] opportunity is you get best value [1:43:14] selection uh with earlier cost [1:43:17] transparency and fewer surprises later. [1:43:20] So we're all rowing in the boat [1:43:22] together. And then does the owner lose [1:43:25] control? Um the owner remains actively [1:43:28] involved throughout the progressive [1:43:30] phase um ultimately determining whether [1:43:33] to accept the guaranteed maximum price [1:43:35] or proceed in a different route. [1:43:43] So just just demonstrating how it could [1:43:45] look for um your project. Um the town [1:43:48] would complete the master plan amendment [1:43:51] and establish the updated program [1:43:53] project objectives and budget [1:43:54] parameters. Those documents would then [1:43:57] be the basis for the progressive design [1:43:59] build procurement and the town would [1:44:02] competitively select a design build [1:44:04] team. The team would work with the town [1:44:07] through phase one to advance design um [1:44:10] and evaluating cost schedule and develop [1:44:12] that guaranteed maximum price at design [1:44:15] development. at the end of design [1:44:16] development which is roughly 60% of the [1:44:19] design [1:44:21] then the town would have a clear [1:44:22] decision point they would return back [1:44:24] with that GMP price and you could choose [1:44:27] to proceed into phase two complete the [1:44:30] design which is construction documents [1:44:32] and then build the project [1:44:35] um and that's why it's called [1:44:36] progressive the project the design the [1:44:39] price are progressively developed [1:44:40] together. [1:44:45] So, this table summarizes the trade-offs [1:44:48] here. Um, design build design bid build, [1:44:52] excuse me, uh, provides a high degree of [1:44:54] direct design control and familiar. Uh, [1:44:58] but cost certainty and contractor [1:45:00] involvement generally arrive later. [1:45:03] Design build creates greater integration [1:45:05] and can improve schedule efficiencies [1:45:07] but requires the project to be more [1:45:09] clearly defined before a design build [1:45:11] team can be selected. And then [1:45:13] progressive design build maintains an in [1:45:15] integrated structure while allowing the [1:45:17] project to continually evolve [1:45:19] collaboratively. Um now again there's no [1:45:22] single approach that's universally best [1:45:24] for all projects. Um it just depends on [1:45:27] what the town values most and how [1:45:29] defined the project is at the time of [1:45:30] procurement. [1:45:35] So, as David mentioned, um there are a [1:45:38] number of nearby examples. Um we're [1:45:41] seeing more public agencies evaluate [1:45:44] integrated delivery methods for civic [1:45:46] and publica safety facilities. Um San [1:45:49] Rafale has used design build for its [1:45:51] public safety uh campus and is now using [1:45:54] progressive design build for its library [1:45:56] and community center. Um the county of [1:45:59] Marin using progressive design build for [1:46:02] um its fire facilities and some other [1:46:04] facilities on the docket. We're [1:46:07] currently assisting a number of uh um [1:46:09] cities and counties in SoCal on a number [1:46:12] of progressive um efforts. Um but the [1:46:15] common themes are really about bringing [1:46:16] construction expertise early um [1:46:19] improving cost certainty, maintaining [1:46:21] operations and preserving flexibility [1:46:23] for phased implementation. [1:46:32] Excuse me. Um, so bringing this back [1:46:35] specifically to Ross, uh, we see three [1:46:38] potential implementation paths. Uh, you [1:46:41] don't have to make a decision tonight, [1:46:42] of course, but just laying out some [1:46:44] options and ideas. [1:46:46] Uh, path A is the traditional approach. [1:46:49] The town completes a master plan [1:46:51] architect selection um retains that [1:46:53] architect and or releases another design [1:46:57] procurement again for full design. Once [1:47:00] that project is designed then you go out [1:47:02] for construction bid it and you build [1:47:04] it. Um path B preserves the master plan [1:47:08] architect but then adds a bridging [1:47:10] design phase. So we go more to that [1:47:12] design build option. So the architect [1:47:14] would complete the master plan amendment [1:47:17] and then develop additional documents [1:47:19] including design intent, performance [1:47:21] standards and quality criteria. [1:47:24] The town would then procure a design [1:47:26] build team on the basis of those [1:47:28] bridging documents. So you'd have to add [1:47:30] a bridging uh scope to the master plan [1:47:33] architect or procure a a bridging [1:47:36] architect. [1:47:38] And then path C is progressive design [1:47:40] build. Uh the town would complete the [1:47:42] master plan amendment using the updated [1:47:44] program um and planning documents as the [1:47:47] foundation for progressive design build [1:47:49] procurement. Uh the design build team [1:47:52] would enter early and help develop the [1:47:54] design budget phasing implementation [1:47:57] strategy together towards a GMP [1:47:59] guaranteed maximum price and then you [1:48:01] would lock in pricing early in the [1:48:03] design process. [1:48:05] Now again not not uh any recommendation [1:48:08] here tonight but just options. [1:48:14] So for Ross the delivery decision [1:48:16] shouldn't happen in a vacuum. Um there's [1:48:18] several project specific considerations [1:48:20] here. Community outreach public process [1:48:23] will be important. Um the civic center [1:48:25] has unique historical character civic [1:48:27] identity aspects. um certainly need to [1:48:30] consider town and public safety [1:48:32] operation operational continuity. Um the [1:48:36] scope and financial feasibility are [1:48:37] still being refined as well as bond [1:48:39] timing, ballot readiness, all those [1:48:41] considerations. And the town may [1:48:43] ultimately need flexibility to phase [1:48:45] improvements over time depending on [1:48:47] financials. So um taking all those into [1:48:51] um account as you decide how uh what delivery decision you'd like to [1:48:56] proceed with. [1:48:59] Um there's also procedural consideration [1:49:01] specific um to these options. [1:49:04] Alternative delivery methods are [1:49:06] permitted under California law. However, [1:49:08] as I understand it, the town's current [1:49:10] municipal code is structured around a [1:49:12] more traditional procurement. Um if the [1:49:15] council ultimately decides that a [1:49:17] alternative method is appropriate, [1:49:19] amendments to the municipal code may be [1:49:21] required. Um so we'd come back to the [1:49:24] council separately for future [1:49:26] consideration in concert with your um [1:49:28] town attorney uh and all of his [1:49:30] feedback. [1:49:35] So where do we go from here? Uh this is [1:49:37] really a policy discussion um receiving [1:49:39] council feedback tonight. Town would [1:49:41] then complete the master plan amendment [1:49:43] consultant selection process. Um as that [1:49:46] work progresses, we can continue [1:49:47] evaluating delivery strategy in [1:49:49] parallel. If an alternative method is [1:49:52] appropriate, staff and town council can [1:49:54] evaluate necessary municipal code [1:49:56] amendments and ultimately we would [1:49:58] return to council with a specific [1:50:00] procurement strategy. Um and the key is [1:50:03] really about preserving flexibility [1:50:05] today um as you start making some key [1:50:07] decisions on this project. [1:50:11] So um one final point before I uh [1:50:14] release you guys to questions here. you [1:50:17] know, moving quickly today on aspects of [1:50:20] this project doesn't always mean [1:50:21] delivering the project faster. Um [1:50:23] there's there's more to this you see on [1:50:25] the back end of this. So keep that in [1:50:28] mind as you um you know deliberate on [1:50:30] all these different um aspects of the [1:50:32] project. With that, happy to answer [1:50:34] questions. [1:50:36] >> Questions? [1:50:38] Elizabeth? [1:50:39] >> Um how long does it take to um amend the [1:50:43] municipal code and is that very simple [1:50:45] and straightforward? And if that's the [1:50:47] case, is this something we should do so [1:50:48] that it would be an easy option or do we [1:50:50] wait until we're sure that that's the procurement that that we want? [1:50:58] » Uh, as far as the amendment, it's like [1:51:00] any other ordinance. You'd have to have [1:51:01] a first and a second reading and it goes [1:51:03] into effect in 30 days. Um, so I mean [1:51:07] there's no downside in amending your [1:51:09] code to allow for these alternative [1:51:11] procedures in the future, even if we [1:51:12] don't take advantage of them now. [1:51:15] Thank you. [1:51:21] » When exactly do we need to decide on [1:51:24] these options? [1:51:26] >> Um, you don't have to decide now. [1:51:29] Um, I would say before you proceed past [1:51:33] your master plan architect, you should [1:51:35] start really uh figuring out what you [1:51:37] want to do a at the end of that master [1:51:40] plan update. That's when you really need [1:51:42] to chart. Are we using this document as [1:51:45] the basis for procurement on progressive [1:51:48] or do we need to pivot to something [1:51:50] different? And of course there's a lead [1:51:51] time for getting a procurement out for [1:51:54] any other option you want to do. So you [1:51:56] want to you know start thinking about [1:51:58] it. [1:51:58] >> And is that would that be your role as [1:52:01] part of the owner's rep along with the [1:52:04] what whichever architect is retained to [1:52:07] amend the facilities master plan? Would [1:52:09] you do that in conjunction [1:52:11] >> with the town manager too? Yeah, we're [1:52:13] here for support and as as much or as [1:52:16] little as you need. [1:52:17] >> So, you would envision coming forward [1:52:18] with a recommendation kind of down the [1:52:20] road? [1:52:22] >> Pros and cons [1:52:23] >> if that's requested? Absolutely. [1:52:24] >> Timing that that would be my request. [1:52:29] Well, [1:52:31] >> um we we've had some extended [1:52:33] discussions about the the different [1:52:36] phases of our moving ahead and we [1:52:40] started with this preferred concept [1:52:44] and now we're moving to what we're now [1:52:46] describing as the schematic stage [1:52:50] preliminary to the actual architectural [1:52:54] drawings, the construction drawings, [1:52:56] preliminary to bidding the project out. [1:53:01] So when you refer to the master plan, [1:53:03] are you referring to the schematic [1:53:05] stage? [1:53:06] >> I am. It's so [1:53:09] >> I I don't think you guys are taking it [1:53:10] quite to schematic the end of schematic [1:53:13] design. I think it was advanced [1:53:14] conceptuals is schematic. I mean to me [1:53:17] these are all key architectural [1:53:20] vocabulary words. So schematic design [1:53:24] follows conceptual design. [1:53:26] there's a whole process to that. [1:53:30] So I think conceptual design is what I [1:53:33] understand the amended uh master plan uh [1:53:37] will result in. [1:53:41] >> All right. So is it then at the end of [1:53:43] that process that you do the yes [1:53:45] >> assuming you're doing design build now [1:53:48] you get the team together and you say [1:53:49] okay here's what we have [1:53:51] >> now we need we need bids on [1:53:55] architectural firm construction firm [1:53:57] that can work together on this [1:53:59] >> if you're going to go design build you [1:54:00] need to take the design a little bit [1:54:02] further so you'd have to you'd have to [1:54:04] get a bridging architect or you know add [1:54:07] a amendment to your master plan [1:54:09] architect to advance the design to a [1:54:12] more robust bridging document set which [1:54:15] is you know basically the end of [1:54:18] schematic design. [1:54:21] >> Now I'm really confusing you. I [1:54:22] >> I just want to be clear on what what [1:54:24] stage we are coming upon. I mean one of [1:54:27] the things we'll be discussing tonight [1:54:28] is retaining an architectural firm for [1:54:31] this initial work. [1:54:34] And I I do think it's important we [1:54:36] understand what we what we're doing at [1:54:38] this stage if we want to keep the option [1:54:40] open for design build. Is that something [1:54:44] needs to be built into this right now or [1:54:46] can we proceed with what we're we're [1:54:48] already proceeding with? [1:54:50] >> I think you could proceed what you're [1:54:51] doing right now, but I would suggest [1:54:53] that um you know in the next meeting or [1:54:56] two you start really making decisions [1:54:58] about which way you'd like to navigate [1:55:01] to. So when we come back with a contract [1:55:04] for this architect, you know, is there [1:55:08] direction to proceed towards a certain [1:55:11] delivery method? Um I think that would [1:55:13] be helpful to understand so we can get a [1:55:16] jump on that process and prepare for it [1:55:19] because if it's if you want to go [1:55:21] progressive design build you know we [1:55:23] we'd want to get ahead of the [1:55:24] procurement of that and so in alignment [1:55:27] with the master plan updates you know [1:55:30] that procurement could be happening and [1:55:32] so once that's done we can take that and [1:55:34] use that as your procurement to the [1:55:37] marketplace to procure a design build a [1:55:40] progressive design build team But if you [1:55:42] go design build, you'd have to advance [1:55:45] the design a little bit further past [1:55:46] your uh master plan amendment to the end [1:55:49] of schematic design to really understand [1:55:52] the performance metrics of what you want [1:55:54] to try to build. So there's a lot of [1:55:57] qualitative information that you want to [1:55:59] define as part of a bridging document [1:56:01] set. Otherwise, if you just use your [1:56:03] amendment, um I'd say design builders [1:56:06] are going to pad your costs with all [1:56:09] kinds of things that they're just [1:56:10] pricing risk. They don't know what you [1:56:12] want, so they're just either assuming or [1:56:15] they're padding it with costs. So, it's [1:56:18] really about defining what you want in [1:56:21] design build. I think the more [1:56:23] appropriate approach would be [1:56:24] progressive design build because you can [1:56:26] work with them to define it early in the [1:56:30] process and then come up together with a price, a guaranteed maximum [1:56:34] price. [1:56:37] » Well, thank you. I'm still not sure I [1:56:39] completely understand it, but I'm sure [1:56:40] there are people who would understand [1:56:42] what you're talking about. I just want [1:56:44] to make sure if we're going to be [1:56:45] approving a contract, we're approving [1:56:47] the right things to be in that contract [1:56:50] given how we would like to move ahead. [1:56:53] >> I I think it's appropriate to approve [1:56:55] what you need to on the basis of the RFP [1:56:58] and the and the process you're on right [1:57:00] now. I think it's totally fine, but down [1:57:03] the road, you're going to have to make [1:57:04] some some decisions. [1:57:06] >> All right. Thank you. [1:57:08] >> So, um, [1:57:12] one of the things we could do right now [1:57:14] is just work with staff to change the [1:57:17] municipal code. So, we have those [1:57:18] options. We do that now. [1:57:20] >> Yeah. [1:57:21] >> And then we have a few more meetings to [1:57:23] go before we have to make that decision [1:57:25] about design build or progressive design [1:57:28] build. Correct. [1:57:31] >> Yes. [1:57:32] >> Okay. [1:57:32] >> Yeah. I'd say probably two meetings. [1:57:34] >> Two. Okay. [1:57:39] So, I'm I'm also with Bill. I'm a little [1:57:41] confused about the process. So, maybe [1:57:44] Krista can help. We we had a meeting [1:57:47] where we talked about just basically [1:57:50] redoing our facilities master plan. So [1:57:53] using the the citizens advisory [1:57:56] committee plan and then kind of updating [1:57:58] the master plan and then from there once [1:58:01] we had that master plan redone we would [1:58:04] hire an architect and start going and [1:58:06] doing schematic design. But then we had [1:58:08] a special meeting like a week or two ago [1:58:12] where it was said no we need to go [1:58:13] faster. And so that that meeting it was [1:58:17] we're going to do this RFP and then [1:58:19] we're selecting an architect to not just [1:58:20] do the facility master plan update but [1:58:23] then also work on schematic design. No. [1:58:26] So please this is the question. So [1:58:28] please advise what where are we? What was actually decided? And I was on [1:58:33] Zoom so I wasn't here. So it was is I [1:58:36] could not understand where where we're supposedly at right now. [1:58:38] >> I'd like David Kelly to to his [1:58:40] >> Yeah, that's fine. [1:58:41] >> Speaks with a lot of finess clarify. Uh, [1:58:43] thank you council member Salter for your [1:58:45] question and I'll try to dovetail and [1:58:47] address uh council member Kercher's [1:58:49] question as well. Um, you know, in the [1:58:52] next agenda item, you're going to [1:58:53] receive an update on the uh RFP process. [1:58:58] And just to foreshadow that discussion, [1:59:01] what's proposed as part of the this [1:59:03] effort is to update the uh or amend the [1:59:08] master plan to incorporate the citizens [1:59:12] advisory committee's concept into the [1:59:15] master plan and include all the elements [1:59:18] that weren't reflected on the concept [1:59:21] when it was submitted to council. [1:59:23] uh that that document you once it's [1:59:27] complete will uh provide the basis for [1:59:31] the next step. Uh and what what that [1:59:35] means is again the three processes is we [1:59:39] would hire an architect at that point to [1:59:43] develop uh construction documents [1:59:45] basically 100%. So that means you know [1:59:48] complete uh architectural drawings, [1:59:51] civil drawings that we we put out to bid [1:59:54] and we we you know it's it's kind of a [1:59:57] blind process. We we we you know we ask [2:00:01] uh contractors to provide us bids. The second alternative [2:00:06] uh design build would be we complete [2:00:09] this master plan, we uh hire or retain [2:00:14] an architect. It could be the same [2:00:16] architect that we hire to do the master [2:00:19] plan update. Doesn't have to be. And [2:00:21] make sure it comports with the city [2:00:23] attorney's analysis that we can do that. [2:00:26] They would uh I if that was the next [2:00:29] process, we would employ them to do the [2:00:32] schematic design drawings which are [2:00:34] basically 30%. 30% entails kind of basic [2:00:38] level floor planning with some of the uh [2:00:42] basic uh MEP systems. So uh you know [2:00:47] that's that's your electrical plumbing [2:00:50] and so forth. uh some of the basic civil [2:00:53] design drawings and then you engage the public process to uh take those [2:01:00] drawings to 100% uh through the design [2:01:04] build with with the progressive design. [2:01:08] We complete this master plan process and [2:01:11] with with Dustin's help we would procure [2:01:16] a progressive design build team. So you [2:01:19] would hire both an architect and a [2:01:23] contractor. Usually you're really hiring [2:01:25] the contractor that has an architect as [2:01:27] part of the team to take the project [2:01:31] through the entire design and [2:01:34] construction process. Get us at least to [2:01:37] about uh I think it's 60% design [2:01:40] development drawings to give us that [2:01:42] guaranteed maximum price. And that's [2:01:45] where you there's this off-ramp built in [2:01:47] if council doesn't feel comfortable with [2:01:49] that that we call it GMP. There's the [2:01:51] off-ramp for council to say, you know, [2:01:53] let's go traditional [2:01:56] uh uh uh bid uh design bid build. Uh [2:02:00] otherwise, you you you continue forward [2:02:03] and and you complete you you you [2:02:05] selected your contractor, your design [2:02:06] team, and you go to 100% and and you and you start moving forward with construction. So I hope that it's [2:02:13] kind of these three three buckets or [2:02:16] three tiers or three paths I guess path [2:02:19] A, B and C. Uh all of which is really [2:02:21] predicated um on completion of the [2:02:25] master plan getting all that work [2:02:28] refined making sure all those [2:02:29] assumptions uh meet with your support [2:02:32] and approval. We've got all the elements [2:02:34] there. We now want to move into this next phase uh of of design either [2:02:40] 100% [2:02:42] uh 30% for uh design build or you know [2:02:46] hire hire a contractor and and architect [2:02:50] together to take us through progressive [2:02:52] design. [2:02:52] >> And if you're more visual, you can see [2:02:54] right here that progressive this this [2:02:57] red box. This would basically be your [2:02:59] master plan amendment. You take those [2:03:01] documents and you're bidding it from [2:03:03] there to get a progressive design bill [2:03:05] entity. [2:03:06] >> Okay. So, sorry. I just was a lot. Let [2:03:08] me just break it down. So, I want to [2:03:10] make sure we're all clear. We are hiring [2:03:12] on the agenda tonight is hopefully we [2:03:14] had an RFP to select an architect and [2:03:17] that scope of work is to get us to the [2:03:20] master plan amendment and that's it. No [2:03:22] schematic design, no nothing further. Is [2:03:25] that correct? [2:03:25] >> That's correct. [2:03:26] >> Okay. And then once we have that, you're [2:03:29] saying this is where the jumping off [2:03:31] point comes to use one of these three [2:03:34] delivery options once we have that [2:03:37] facility master plan updated as a [2:03:39] concept. [2:03:41] >> That's right. Use it or enhance it [2:03:42] basically. [2:03:43] >> Okay. So then my question to you, Chris, [2:03:45] is what did we decide at this last [2:03:46] meeting? Because I thought that's where [2:03:48] we were at at the first one. So, um, at [2:03:50] your special meeting on June 24th, you [2:03:54] decided, um, the council voted to m [2:03:57] essentially maintain the status quo, [2:03:58] which was to stick with the RFP process [2:04:01] that was to amend the facil's master [2:04:04] plan. [2:04:05] >> Okay. So, nothing changed. Okay. [2:04:07] >> No, it was Yeah. [2:04:08] >> Okay. So, I'm sorry. And we weren't [2:04:11] Elizabeth and I were on Zoom, so you [2:04:12] guys were here and then I just remember [2:04:14] you saying we're fine. And so, we're [2:04:16] like, okay. Okay. So basically that's [2:04:18] what's happening. So as soon as we [2:04:19] select this architect we we're basically [2:04:22] getting this amended master plan and [2:04:24] then we have to have the jump off point. [2:04:26] Okay. Thank you. [2:04:30] » So if on this design build thing as I [2:04:33] understand it when we're selecting an [2:04:34] architect it's it's within the [2:04:37] discretion of the council and we don't [2:04:39] have to engage in a bidding process but [2:04:42] when we get to construction we have to bid it out. So when you have a [2:04:47] combined architectural planning and [2:04:51] construction firm, does that get bid out [2:04:53] or is that I mean how does that even [2:04:56] done? Yes. Is it a package deal? And so [2:05:00] um the lowest bidder gets the deal. [2:05:03] >> Lowest qualified is how the the code is [2:05:06] written. So it's a it's the best [2:05:08] qualified uh or best value is the u the [2:05:12] procurement policy. [2:05:14] So you would you would do it based on [2:05:16] qualifications and price is a component [2:05:18] of it. You know depending if it's design [2:05:20] build a progressive you know design [2:05:22] build you would have an actual dollar [2:05:25] amount for your project because you're [2:05:27] advancing to bridging documents and so [2:05:29] they can give you a more uh confirmed [2:05:32] price on the whole project value versus [2:05:35] progressive they don't they can't give [2:05:37] you a price for your project yet. we [2:05:38] generally will work on it together and [2:05:40] develop a price. But if we have um as [2:05:43] part of the master plan process an idea [2:05:45] of how much your budget is for the [2:05:47] project, we can pre-negotiate certain [2:05:50] aspects of construction. So overhead and [2:05:52] profit, their general conditions, [2:05:54] general requirements, their all their [2:05:56] fees um early in the process and use [2:05:59] that as part of the competitive fee [2:06:01] negotiations as well as all the [2:06:03] architecture fees. So there's there's a [2:06:06] strong fee negotiation piece in [2:06:08] Progressive that we can absolutely do as [2:06:10] part of the the best value selection. [2:06:13] >> If if we don't go the design build [2:06:15] route, just the traditional route where [2:06:18] the construction is the last part of it. [2:06:20] >> Yeah. [2:06:21] >> Do we then have three contracts with [2:06:23] architectural firms? First the master [2:06:26] plan, then the schematic stage, then the [2:06:30] actual detailed construction [2:06:33] >> and drawings. I mean you it depends what [2:06:36] you do with your first you know contract [2:06:38] with the architect but yeah it would be [2:06:41] separate architecture contracts and then [2:06:43] separate contractor contracts [2:06:47] >> right [2:06:49] >> which is where conflict happens. But if [2:06:51] I may on that scenario um you have the [2:06:55] option of sticking with your same [2:06:56] contract with your same architect [2:06:58] throughout the process and the [2:06:59] traditional you know early on schematics [2:07:01] won't disqualify that architect from [2:07:04] later bidding on these other alternative [2:07:06] processes when he mentioned in I'm sorry [2:07:09] I forgot your name Dustin. Dustin. Yeah. [2:07:11] When Dustin mentioned in his his uh [2:07:13] proposal or his presentation, the [2:07:16] bridging contractors, that's used [2:07:18] because if you're happy with your [2:07:20] existing architect, they can't do that [2:07:22] bridging work if they're going to later [2:07:23] bid on the design build. [2:07:27] So, there's a there's a lot of [2:07:28] iterations as this moves forward. If [2:07:30] you're happy with your existing team, [2:07:32] you're going to have to figure out how [2:07:34] to uh work with them and keep them if [2:07:36] they want to do that work in the future [2:07:38] or bid on that work in the future. [2:07:41] May Mayor um just a follow up with [2:07:44] council member Kerchers. I the way I [2:07:46] heard your question was is if we used [2:07:48] the traditional design bid build, [2:07:52] do we have to have three architects? [2:07:54] That's what I heard was your question. [2:07:56] Did I hear that incorrectly? [2:07:57] >> Three contracts. [2:07:58] >> Three different contractual [2:08:00] arrangements. They don't have to be [2:08:01] three different architects. [2:08:02] >> No, I meant that's what I meant. Three [2:08:04] different three different contracts but [2:08:06] with architects. [2:08:07] >> Yeah. So, but then Dustin, you I thought [2:08:10] I heard you agree with that. There's I [2:08:12] thought it was just we we would just [2:08:14] need two. [2:08:14] >> I heard you say three contracts, not [2:08:17] three architects. [2:08:18] >> Okay. [2:08:18] >> So, you could feasibly have an architect [2:08:21] contract for the amendment, [2:08:23] >> another contract for the architect for [2:08:25] full design. [2:08:26] >> Full design [2:08:27] >> and then a contract with a contractor. [2:08:29] >> Yeah. So, two two contracts with [2:08:32] architect engineering firms, one [2:08:34] contract with a builder. [2:08:37] That's right. I'm just trying to [2:08:38] understand. We have five proposals now [2:08:41] >> and I'm just trying to understand what [2:08:43] are they for in terms of what we've been [2:08:46] talking about. [2:08:46] >> They are to amend the facil's master [2:08:48] plan. [2:08:50] >> Right. [2:08:51] >> It's a planning level. [2:08:52] >> Yeah. Nothing further. [2:08:54] >> Planning level. Just [2:08:56] >> like planning concept level. Planning [2:08:59] level. [2:09:00] >> And our decision tonight about that is [2:09:02] not going to in any way jeopardize these [2:09:04] other options. Those other options will [2:09:07] come in a few months based on what's [2:09:11] going on with the amendment of the [2:09:13] facilities master plan and your [2:09:15] judgment. [2:09:17] >> That's right. [2:09:17] And and and the and the [2:09:19] purpose tonight is that this council [2:09:21] just like we did a few months ago with [2:09:23] having a consultant team here to talk [2:09:25] about the um debt financing. It's just [2:09:27] it's kind of educating. We want to [2:09:29] educate the council in the community and [2:09:32] staff on this and get you start thinking [2:09:34] about it. so that the council has this [2:09:36] opportunity to ask questions. Maybe you [2:09:38] want us to follow up on with more [2:09:41] information on a particular topic. We [2:09:42] want to give you time to do that before [2:09:45] we're just hitting you up straight out [2:09:47] with this very important uh decision. [2:09:50] >> Yeah, I I would agree with Elizabeth's [2:09:53] recommendation to go ahead and do the [2:09:55] ministerial work of amending the code so [2:09:59] that we have these options. um so that [2:10:02] we're not I mean the the timing is the [2:10:06] most critical thing. So we want to be [2:10:08] nimble and we want to have as much done [2:10:10] as we possibly can and have as many [2:10:12] options available as we can. [2:10:16] Um David and I already had an initial [2:10:18] meeting with um two of Ben's colleagues [2:10:21] two Fridays ago and I was very you know [2:10:23] they they're experts in their field and [2:10:27] um I it sounded like it's a very it's [2:10:29] very doable you know with with Ben's [2:10:32] help of course so can certainly work on [2:10:35] that [2:10:36] >> and that will take what two council [2:10:38] meetings [2:10:40] yeah you'll have to introduce at one [2:10:42] meeting just like any ordinance [2:10:44] introduce and then at your next ing um [2:10:46] second reading and then it takes 30 days [2:10:48] to go into effect. [2:10:49] >> Perfect. [2:10:51] >> Yeah. Matt [2:10:53] >> um just regarding the the sequencing [2:10:55] with SQA, how does that work in terms of [2:10:58] the timeline of when we would actually [2:11:01] go and start the environmental study. [2:11:08] In terms of the environmental review, [2:11:12] my recommendation would be we start that [2:11:15] process as we get close to completing [2:11:19] the draft master plan. The draftmaster [2:11:22] plan is going to provide the project [2:11:24] description that will form the basis for [2:11:28] assessing the environmental impacts of [2:11:30] the project. And we want to make sure [2:11:33] that we include as much detail and as [2:11:36] much of the elements of the project in [2:11:38] that project description. So that if [2:11:40] there's ever any question whether [2:11:42] something was included, we can point [2:11:43] back to that project description and say [2:11:45] yes, these elements were reflected in [2:11:48] the environmental document and and [2:11:50] considered. So it'll that'll be one of [2:11:53] those there there should be some [2:11:57] concurrence with respect to the timeline [2:11:59] of starting that environmental re [2:12:02] process as we're nearing completion of [2:12:06] the facility master plan. [2:12:09] Okay. Okay. So, just in terms of like [2:12:10] actual dates, if we were thinking of the [2:12:12] facility master plan amendment occurring [2:12:15] in the fall at some point, we would then [2:12:18] start the environmental review based on [2:12:20] that document [2:12:22] >> that that that follows. Uh so, [2:12:25] >> and it would take how long is your [2:12:27] estimate for the environmental review to [2:12:29] be completed and sort of go through that [2:12:31] work? [2:12:32] >> That that that's somewhat challenging to [2:12:34] answer. uh depends on our consultants [2:12:37] advice on what type of level of [2:12:39] environmental review we need to do and [2:12:40] based on the project description. It's [2:12:42] way too preliminary right now to say how [2:12:44] long it's going to take, but rule of [2:12:46] thumb is a full EIR takes a year. [2:12:48] >> A year. Okay. [2:12:49] >> Um at least a year and a half. Um and [2:12:53] that's just the rule of thumb for an if [2:12:54] we do an EIR. So just going back to so [2:12:58] if we we get the amendment done in the [2:13:00] fall and then we it will be a year of [2:13:03] environmental review so we wouldn't sort [2:13:06] of be able to let's say shovel ready for [2:13:09] a year but during that time we're doing [2:13:11] schematic design and doing all these [2:13:13] other items to be ready for for that [2:13:16] following fall to be able to do [2:13:18] construction. you run it concurrently [2:13:21] your design and sequa together and [2:13:24] hopefully it's not as involved as EIR [2:13:26] but if it is that could be a long [2:13:29] >> well our issue is the creek obviously [2:13:31] which we even when we were doing our [2:13:34] bridge there was a whole NEPA they found [2:13:36] Indian remains so there's you know it [2:13:39] can get very very quickly difficult so I [2:13:43] I'm just trying to so we all know the [2:13:45] timeline of we're done in the fall with [2:13:48] this amendment And then we probably have [2:13:50] a year of environmental review. But [2:13:52] we're concurrently doing the other work, [2:13:53] schematic design and engineering and [2:13:57] getting, you know, one of these three [2:13:59] strategies put up so that we're probably [2:14:01] hopefully ready to do construction in a [2:14:03] year's time from the fall. So fall of 27 [2:14:08] that [2:14:12] » I think what Ben says it depends on the project description, right? And [2:14:18] that's going to determine the length of [2:14:20] the environmental review and if we can [2:14:22] do a mitigated negative deck or [2:14:23] whatever. [2:14:24] >> Yeah, I mean it depends on that but also [2:14:26] depends on the design method and you [2:14:27] know there's a lot of [2:14:28] >> a lot of dependent uh issues [2:14:31] >> that are going to be sorted out as you [2:14:33] move forward. I it would be impossible [2:14:35] to provide that certainty today or even [2:14:36] a rough outline. All I can say is for [2:14:38] SQA the worst case scenario is a year [2:14:41] and a half to do an EI but whether we [2:14:44] have to do that remains to be seen. [2:14:46] >> Yeah. No, I'm just trying to get and I [2:14:48] think this would be helpful, David, in [2:14:49] one of your updates is sort of like a [2:14:52] >> chart. Yes. Just showing here's when we [2:14:54] go for squa, here's when we think we're [2:14:56] going to be shovel ready, here's [2:14:58] >> just so we these are all educational [2:15:00] items, but just helping us sort of [2:15:03] calibrate when we actually think we're [2:15:05] going to actually start this project. [2:15:08] >> Yeah. Yeah. And it might be good to [2:15:09] start [2:15:11] from January 2029 and work backwards at [2:15:14] least for you know the paramedic [2:15:16] facility [2:15:18] um because that's our critical date. I [2:15:20] mean everything else done too would be [2:15:22] wonderful but that's the most important [2:15:24] thing. [2:15:26] So earlier this week I I had a [2:15:28] conversation with council member Dowling [2:15:30] about this very thing and and we if you [2:15:32] know David has given several um updates [2:15:35] to the council and it usually does [2:15:36] include a gant charge but it's going to [2:15:38] it needs to be it's going to it's [2:15:40] continually going to be refined and so [2:15:43] we can try to put something together um [2:15:46] noting [2:15:48] um the town attorney's uh advice there [2:15:51] his comments but we'll do our best to [2:15:54] keep the council informed on what see as [2:15:56] being a timeline. [2:15:58] >> I was going to say I think it's [2:16:00] particularly important and we we'll have [2:16:02] a sense of what the contractor is [2:16:03] supposed to do, but the staff are also [2:16:05] doing things to complement the work the [2:16:08] contractors are doing and sometimes we [2:16:10] don't see that. So having a chart would [2:16:13] be very helpful. [2:16:16] >> Um can we take public comment on this [2:16:18] item? Anybody in the chamber want to [2:16:20] make a public comment? Anyone online? [2:16:23] >> No one online, mayor. Okay. So, we'll [2:16:26] bring it back for any further [2:16:27] discussion. [2:16:28] >> Sorry, we have one hand online. [2:16:30] >> Yes. Go ahead, [2:16:36] » Mr. Money. You could uh [2:16:38] >> I can you guys hear me? Okay. [2:16:40] >> Yes. [2:16:41] >> Yeah, that was um I have to commend you. [2:16:44] That was really a a very good very [2:16:47] succinct presentation. And I think [2:16:50] there's only uh there's just a couple of [2:16:52] considerations. One is that if town [2:16:55] council decides to move forward with an [2:16:57] architect and the architect uh updates [2:17:00] the master plan and schematic design, [2:17:03] then those documents in effect can [2:17:05] become uh part of the bridging [2:17:07] documents. So there's no time loss [2:17:09] there. I think it's going to be really [2:17:11] important that any architect that is [2:17:13] selected that the town retains ownership [2:17:17] of any of those documents. Some [2:17:18] architects would not allow that to [2:17:20] happen. So that if at some point in [2:17:23] time, let's say you have one design [2:17:25] architect that does all of the bridging [2:17:28] documents, which essentially would take [2:17:29] it through DD, then sometimes that [2:17:33] architect is assigned to a general [2:17:35] contractor and sometimes the drawings [2:17:38] that that architect prepared actually [2:17:41] get sent to an architect uh that the [2:17:44] general contractor has actually hired. [2:17:47] So I think that's a ownership of [2:17:49] documents is a really important [2:17:50] consideration. I think that I would [2:17:52] caution council on selecting a general [2:17:56] contractor and architect at the same [2:17:59] time. And the only reason being is that [2:18:01] many times a general contractor's [2:18:03] architect is not a design architect. Um [2:18:06] from a technical standpoint they're [2:18:08] perfectly competent. They can do the [2:18:10] construction drawing CA or whatever but [2:18:12] they're not necessarily strong in terms [2:18:14] of design. So um again I think this is a [2:18:19] really good presentation but you know [2:18:21] during this next phase of work updating [2:18:23] the master plan and if council decides [2:18:25] to move forward with doing some level of [2:18:27] schematics [2:18:29] um I think that's you know perfectly [2:18:31] appropriate. I think the good thing [2:18:33] about getting through schematics, some [2:18:35] level of schematics or let's call a [2:18:37] modified bridging documents, um [2:18:40] hopefully at the end of three or four [2:18:42] months that we would have a price [2:18:44] recognizing that, you know, there are [2:18:47] contingencies that we'd have to keep in [2:18:48] there, but we'd have a number that we [2:18:50] could start to work with that would help [2:18:53] us in terms of, you know, setting up the [2:18:55] bonding and everything else that needs [2:18:57] to be done. So, uh again, that was [2:18:59] really a great presentation. and I [2:19:01] appreciate it. [2:19:03] >> Thank you, Dan. Anybody else? Zach [2:19:06] online? [2:19:07] >> No one else online. [2:19:08] >> Okay. So, any further discussion? [2:19:13] » I just think we we have to make sure [2:19:16] we're really clear because we're not [2:19:17] even clear about what what what we're [2:19:19] deciding, what the timeline is, and what [2:19:22] the scope is. Even Dan Weiny was just [2:19:24] talking about doing schematics, but it [2:19:26] was very clear we're not doing [2:19:27] schematics. This is just a concept for [2:19:31] us to amend the master plan. And from [2:19:34] the last special meeting, I was [2:19:36] confused. I thought we were trying to [2:19:38] move this quicker and do schematics, but [2:19:40] now we're not doing that. So being [2:19:42] really clear, this is the scope. This is [2:19:45] what we're paying for. This is the [2:19:46] timeline. And then getting us to be able [2:19:49] to sequence things so that if anybody in [2:19:52] the town asks us, we're able to answer [2:19:54] them because I was I myself was very [2:19:57] confused. So we just we just really have [2:19:59] to be really clear about what we're [2:20:01] doing, what the scope is, and what the [2:20:03] timeline is and deadlines so we're not [2:20:05] overpromising and underdelivering [2:20:09] » for everything. I agree. [2:20:12] Um anything else? [2:20:13] >> I just want to say the one thing that we [2:20:15] totally agreed on that we need to do [2:20:17] right now is to um change the municipal [2:20:21] code. [2:20:21] >> So and staff will repair that. [2:20:25] >> Okay. [2:20:26] >> And Ben's office. Yeah, and I totally [2:20:28] agree with that. I think I think all [2:20:29] five of us probably do. [2:20:32] >> Okay, [2:20:34] great. So, now we're moving on to item [2:20:38] number 15. [2:20:40] town council to receive a report [2:20:42] regarding the status of the request for [2:20:44] proposals process for professional [2:20:47] planning, technical evaluation, and [2:20:49] facilities master plan amendment [2:20:51] services for the Ross Civic Center [2:20:54] project and considered directing the [2:20:56] town manager to negotiate a professional [2:20:59] services agreement with one of the firms [2:21:02] responding to the RFP process. [2:21:06] Sorry. [2:21:13] Go ahead. Go ahead. [2:21:19] » Yes. [2:21:39] computer. [2:21:53] Don't for [2:22:15] There we go. [2:22:31] All right. Okay. Uh, good evening, Mayor [2:22:35] McMillan, Vice Mayor Pro Tim Robbins, [2:22:38] honorable council members. I'm David [2:22:39] Kelly. Uh, good evening. Uh this this [2:22:42] agenda item is intended to provide a [2:22:44] status update on the request for [2:22:47] proposals or RFP for professional [2:22:50] planning technical evaluation and [2:22:52] facilities master plan amendment [2:22:54] services for the Roth Ross civic center [2:22:56] project. Uh the purpose of this [2:22:58] presentation is to update the council on [2:23:01] where we are in the procurement process [2:23:02] and outline next steps. Uh staff is not [2:23:06] requesting approval of an consultant or [2:23:08] professional service agreement that this [2:23:10] evening. [2:23:13] Uh Mayor McMillan requested that staff [2:23:15] provide the council with an update on [2:23:18] the status of the RFP's process. Uh the [2:23:20] presentation will cover a couple of [2:23:22] things. It will cover the status of the [2:23:24] RFP, the five proposals that were [2:23:27] received, the evaluation process that [2:23:29] staff is following along with next [2:23:32] steps. [2:23:34] So, quick background. Uh, as council may [2:23:37] recall, on June 11th, the council [2:23:39] authorized issuance of the request for [2:23:41] proposals. [2:23:43] This was sent to the 10 firms that had [2:23:45] previously responded uh to the town's uh [2:23:48] RFQ. [2:23:49] Uh, the purpose of this RFP is to select [2:23:52] a consultant to prepare an amendment to [2:23:54] the facilities master plan to [2:23:56] incorporate the citizens advisory [2:23:59] committee concept or the CAT concept. [2:24:02] The work is intended to incorporate and [2:24:05] validate the council's preferred civic [2:24:07] center concept which we've designated in [2:24:09] resolution 2623. [2:24:12] Evaluate operational technical issues. [2:24:15] Develop updated planning level cost [2:24:17] estimates and prepare the amended [2:24:19] facilities plan that will guide future [2:24:21] uh implementation. [2:24:25] The RFP was uh issued on June 12th and [2:24:29] proposals were uh set to be received on [2:24:32] July 2nd. In response to the RFP, the [2:24:36] town received uh f five complete [2:24:39] proposals by the deadline. The firms [2:24:41] that submitted proposals include uh [2:24:44] group four uh Gendler uh a joint team of [2:24:49] HED and BRW for reference. BRW. It was [2:24:53] the uh the architectural team that [2:24:56] submitted a a design for a fire station [2:25:01] as as part of the um the the ballot [2:25:05] measure. Uh in addition, uh proposals [2:25:08] were submitted by Nolan Tam as well as [2:25:11] uh KPA. Each of the proposals really [2:25:14] reflects a unique and different [2:25:16] approach. Uh a a unique team composition [2:25:20] and level of technical effort, project [2:25:22] schedule and fee structure and staff uh [2:25:26] upon close of the the uh process uh [2:25:30] started review of those those proposals. [2:25:35] The the RFP asked each of the [2:25:38] consultants to address six major tasks. [2:25:41] These included uh you know project [2:25:44] initiation which is just a kind of a a [2:25:46] standard task and review of existing [2:25:48] conditions along with program validation [2:25:52] moving forward into site planning and [2:25:54] concept refinement technical evaluation [2:25:57] of the CAC concept moving that effort [2:26:00] into cost estimating and imple and an [2:26:02] implementation strategy and finally [2:26:05] preparation of an amended facilities [2:26:06] plan. Uh collectively these these tasks [2:26:09] are intended to provide a well- [2:26:11] definfined project description before [2:26:13] advancing into future design and [2:26:15] implementation. [2:26:19] In preparation for review of these uh of [2:26:22] those proposal, staff prepared proposal [2:26:24] rating worksheets. The proposal rating [2:26:26] worksheets included a number of factors. [2:26:29] Um it in the evaluation criteria [2:26:33] included understanding of the project, [2:26:35] the technical approach, relevant [2:26:37] experience, whether they have public [2:26:39] safety and historic preservation [2:26:40] expertise along with the project [2:26:43] schedule and overall value to the town. [2:26:46] Uh the town manager issued a [2:26:48] supplemental staff report that provides [2:26:50] a detailed evaluation matrix providing [2:26:53] uh a summary a brief summary of uh uh [2:26:57] all of those uh review factors. [2:27:01] So in terms of the selection process [2:27:03] timeline earlier today the council [2:27:05] subcommittee which consists of mayor [2:27:08] McMillan and Mayor Prom Robbins met with [2:27:10] staff to review the submitted proposals. [2:27:14] Uh staff anticipates interviewing the [2:27:17] highest ranked firms, conducting [2:27:19] reference checks as appropriate, and [2:27:21] entering into negotiations with the [2:27:24] highest ranked consultant. Once [2:27:26] negotiations are complete, staff will [2:27:28] return to the council with a [2:27:29] recommendation for consultant selection [2:27:31] and approval of a professional services [2:27:33] agreement. And currently, staff is [2:27:35] planning to bring those forward uh for [2:27:37] council's consideration on August 4th. I [2:27:40] do want to note that uh that is of [2:27:43] course subject to the consultant or the [2:27:45] architect you know executing the town's [2:27:48] professional service agreement. [2:27:51] In terms of next steps are pretty [2:27:52] straightforward. Uh the staff will [2:27:55] conduct interviews, negotiate a [2:27:57] professional service agreement with the [2:27:58] highest ranked firm and then return to [2:28:00] council on the fourth. Uh and so [2:28:04] basically that's a that's a brief [2:28:05] overview of the RFP process. There's a [2:28:09] lot of detail in the matrix around uh [2:28:12] each of the proposers again a project [2:28:15] approach the timeline as well as the the [2:28:19] cost. Uh all of that was considered [2:28:21] today by the subcommittee and discussed [2:28:23] and uh we can say that there was [2:28:26] fairly unanimous uh nearly unanimous [2:28:29] support around the top the top three [2:28:31] firms with I think one one one exception [2:28:34] but otherwise uh out of the five there [2:28:37] was you know uh three three proposals [2:28:40] that ranked the highest. So with that [2:28:43] said, uh that really concludes [2:28:45] presentation update on the RFP process [2:28:48] and happy to entertain any questions [2:28:50] council may have regarding the the [2:28:53] process. [2:28:54] >> Questions? [2:28:55] >> Well, um thank you for sharing the [2:28:59] overview and um staff's recommendations. [2:29:02] Um it you know as as you know from our [2:29:05] meeting the the staff's recommendations [2:29:07] didn't completely align with those of [2:29:10] the council member reps. Um and my [2:29:13] question is there's no reason that the [2:29:16] town council can't proceed um tonight to [2:29:20] direct the town manager to negotiate a a [2:29:22] contract an agreement. There's not a [2:29:25] requirement to go through with more [2:29:27] discussions or interviews. Is that [2:29:29] correct? [2:29:31] I would defer to the town attorney on [2:29:33] that, but I I think you're correct. Uh [2:29:36] you know, I think the um issue that [2:29:39] you're referring to uh Mayor Pertim is [2:29:43] the discussion around interviews and I [2:29:45] think it's staff's perspective that [2:29:48] interviewing at least the top firm is uh [2:29:51] a very important as part of this uh [2:29:54] selection process. uh one is just it's a best practice and we believe [2:29:59] there's value in setting up appropriate [2:30:02] negotiations of the scope of work that [2:30:04] will form the basis of the professional [2:30:06] services agreement that will be brought [2:30:08] back for council's consideration [2:30:11] >> and that's correct. There's no [2:30:13] requirement to uh have interviews and [2:30:17] you can direct staff tonight to uh move [2:30:21] forward negotiations with one of the [2:30:23] architects as the agenda makes very [2:30:24] clear that's on the agenda tonight. [2:30:28] And [2:30:29] I I mean I'm not sure how much it wasn't [2:30:32] a closed meeting, but um [2:30:36] one of the one of the submitters a [2:30:39] majority of the committee members listed [2:30:42] the same person as as the top choice. So [2:30:46] if we were to proceed, [2:30:49] I guess the question is is there any [2:30:50] reason we wouldn't proceed with the top [2:30:52] choice of the majority of the committee [2:30:54] members today? [2:30:58] Yeah, but I'm not sure what I'm asking [2:31:00] it of. [2:31:01] >> Maybe [2:31:03] first item. Um, we're sticking with [2:31:05] questions right now. [2:31:08] >> Um, I'm I'm trying to understand what [2:31:10] happens in the second circle. So, and [2:31:14] maybe the first one. So conduct [2:31:17] interviews with the top three people and [2:31:19] that would happen between now and [2:31:23] the next council meeting which is [2:31:25] scheduled for the first part of [2:31:29] August. [2:31:30] >> I've asked the council to save the date [2:31:34] of August 4th which is a Tuesday. [2:31:36] >> Okay. So that we because the council had [2:31:39] asked me to get a date as quickly as [2:31:42] possible and that's the first date that [2:31:43] all we will have three members here and [2:31:45] in fact all five members are going to be [2:31:47] or from my understanding all five of you [2:31:49] will be able to attend that meeting. [2:31:52] Okay. [2:31:52] >> So because the August council meeting is [2:31:55] not scheduled um until the second [2:31:57] Thursday of the month is is August 13th. [2:32:01] >> So between now and August 4th the [2:32:04] committee would meet again. do an [2:32:07] interview [2:32:09] um of the top I don't know two or three [2:32:12] uh candidates and then once that [2:32:16] decision is made [2:32:18] between now and the 4th you will [2:32:20] actually [2:32:21] um develop a contract with that [2:32:25] >> top candidate. So, by the time you come [2:32:27] to the August 4th meeting, you will have [2:32:30] done the interviews, chosen the top [2:32:32] candidate, and there will be a contract [2:32:35] ready for the council to approve. [2:32:37] >> Yes, assuming the the consultant signs [2:32:39] our agreement, and I'm able to bring you [2:32:42] the contract. [2:32:43] >> So, that is my that that is that is [2:32:47] staff's recommendation. [2:32:48] >> Okay. [2:32:49] >> Um, it is not staff's recommendation to [2:32:51] bypass our process and um go with one [2:32:54] tonight. um because we have not [2:32:57] completed a full an evaluation. We've [2:33:00] literally had a couple of days. We have [2:33:03] not called references. We have not met [2:33:05] these people in person. There's uh a [2:33:09] whole a whole lot of things that we [2:33:10] would be doing. There's questions that [2:33:12] actually the subcommittee members had [2:33:14] today about the proposals that we [2:33:17] received. In many cases, we haven't been [2:33:19] able to answer the questions yet. So we [2:33:21] just we just haven't had time to to do [2:33:24] the work that is that are best practices [2:33:27] that we would normally do. So staff's [2:33:30] recommendation is as you described take [2:33:32] the top two or three interview them next [2:33:35] week. [2:33:36] >> Um and then I don't see the interviews [2:33:39] as delaying. My target goal is to bring [2:33:41] you back something on August 4th. [2:33:44] >> That's what I wanted to check. Uh [2:33:45] because if you didn't go through this [2:33:48] process of doing the interviews, uh if [2:33:51] you [2:33:52] um didn't do the interviews, you [2:33:55] wouldn't come back anyway until we say, "Okay, we're going to go with [2:33:59] the top candidate." We make that [2:34:01] decision today. You wouldn't be able to [2:34:03] bring back an a contract for approval [2:34:06] until August 4th. [2:34:07] >> Exactly. [2:34:08] >> Ah, is that is that actually true? [2:34:11] Because if we were to choose a a a [2:34:14] candidate tonight, why couldn't there be [2:34:16] a a contract that's ready sometime next [2:34:19] week? It's not a very complicated [2:34:20] contract. And that would save almost a [2:34:22] month because it's a month between [2:34:24] tonight, July 9, and August 4. So I I I [2:34:29] don't I don't quite [2:34:31] >> because the council there are not going [2:34:32] to be three members of the council to [2:34:34] take action. So anything over here when [2:34:37] >> to take action on a contract. [2:34:40] Mhm. [2:34:41] >> Uh [2:34:43] I I mean I I think that there are [2:34:47] I I would be surprised if there's not [2:34:49] some time between now and August 4 when [2:34:51] three of us are physically here. It's [2:34:53] you know [2:34:55] um [2:34:58] my well this is more discussion you know [2:35:00] how how we proceed but it it's um but [2:35:04] one question going through interviews as you were just outlining and then [2:35:10] coming before the council on August 4. [2:35:14] I don't see how there could be a [2:35:16] contract ready to sign because the [2:35:18] committee can't pick the the person the council the committee can recommend [2:35:24] a person to the council but the council [2:35:26] has to decide. So I think if uh it seems [2:35:29] to me that if we're going through an [2:35:30] interview process we're not going to be [2:35:32] ready on August 4. We're only going to [2:35:34] have a recommendation which is where [2:35:38] your council member reps to the [2:35:40] committee are already at. And and so [2:35:44] that I mean there is a possibility have [2:35:46] of having a contract much sooner than [2:35:48] August 4. Uh it only takes three people [2:35:50] to have a meeting and sign it. [2:35:54] >> Ben, how long does a contract like this [2:35:56] typically take? Or Christa, how long [2:35:59] does a contract take? [2:36:01] >> We we have a standard professional [2:36:03] services agreement that has already been [2:36:06] vetted by the town attorney that we use [2:36:08] all the time. Um we have a uh the [2:36:12] advantage of having this request for [2:36:14] proposals is we have a a scope of work [2:36:17] in it. Um so it's going to be uh and I I [2:36:23] can also ask Dustin because Dustin's [2:36:24] done a lot of these too is um we just [2:36:27] have we have to reach agreement. I'm [2:36:29] very interested in um the um the [2:36:33] recommendations that Dustin has because [2:36:35] I know the council is that your priority [2:36:38] is to move this along as quickly as [2:36:41] possible. So, I'd like to see there be [2:36:43] um provisions in that agreement that um [2:36:48] require the consultants to meet our [2:36:51] milestones. And Dustin and his firm have [2:36:54] recommendations on how to do that. And [2:36:56] of course, we need to work very closely [2:36:58] with our town attorney's office on that. [2:37:01] So, I you know, my [2:37:04] it's very very clear to me that the [2:37:06] council wants us to move forward as [2:37:08] quickly as possible. As you seeing, [2:37:10] we're we're doing stuff every week. [2:37:12] We're, you know, giving you staff [2:37:14] reports and providing information and, [2:37:17] you know, doing back handsprings to move [2:37:19] this thing forward. Um, and August 4th [2:37:23] is, let me assure you, you have all [2:37:27] given me information about what your [2:37:29] availability is. And August 4th is the [2:37:33] first work day that um we can we can [2:37:39] meet, [2:37:40] but it's not required that all five of [2:37:42] us [2:37:43] >> anymore. We should just focus on [2:37:45] questions and then do public comment and [2:37:46] then we can do discussion. [2:37:48] So I So who are the top three firms? I [2:37:51] mean and and did we score them? [2:37:54] >> I mean this is [2:37:55] >> Yeah. So we uh prepared evaluation [2:37:57] worksheets and uh those were you know [2:38:01] very detailed in terms of how the [2:38:04] scoring again based on those factors [2:38:05] that we we uh we showed earlier um [2:38:09] project understanding technical [2:38:11] approach. So there was a very distinct [2:38:14] >> so is it's a very direct question. Who [2:38:17] are the top three firms? What are their [2:38:18] names? And what are their scores? That's [2:38:20] what I want to know. [2:38:22] >> Dustin said it wasn't. [2:38:23] >> And I want to make sure with the county [2:38:24] attorney that [2:38:27] >> are are we allowed to [2:38:29] >> You're allowed There's no score. There [2:38:31] wasn't a [2:38:33] >> There wasn't a quantitative score. [2:38:36] >> Okay. [2:38:37] >> Can you not say who the top three firms [2:38:39] are? [2:38:39] >> Like I don't understand what what are we [2:38:41] doing here? Can we just whoever was in [2:38:43] the subcommittee please tell us or the [2:38:45] staff who are the top three firms? [2:38:47] >> Yeah. So, three of the five people chose [2:38:51] Gendler as the top firm. [2:38:53] >> Okay. [2:38:53] >> Um I can actually tell you in my notes [2:38:57] um [2:38:58] >> the the other two were Nolan Tam, [2:39:00] >> right? [2:39:01] >> Nolan Tam, [2:39:02] >> which was a local firm as well as [2:39:05] HEDBRW. [2:39:07] >> Hedbrw Okay. Yeah. And of those three, [2:39:11] was there a sort of standout that [2:39:14] everyone seemed to like? [2:39:16] >> Well, three of the five of us chose [2:39:19] Gendler as the top firm. [2:39:21] >> Three out of the five in the meeting. [2:39:23] >> Yes. [2:39:24] >> Okay. [2:39:25] >> And I might add that of not every we we [2:39:28] did provide scoring worksheets. Um the [2:39:31] five I did not participate in the [2:39:34] scoring. Dustin did not participate. It [2:39:37] was David Robera Filiciano, Rich [2:39:39] Simonich, and our two subcommittee [2:39:41] members that participated in this [2:39:45] evaluation. [2:39:46] Um, the subcommittee members did not [2:39:48] score on their sheets. Um, uh, one of [2:39:52] our staff members scored in an [2:39:55] interesting fashion. We don't think it [2:39:56] was it was 100% accurate. Um, but what [2:39:59] we did determine was of the people that [2:40:01] did score, they were very close. The [2:40:03] scores were very close. Um [2:40:07] there was consensus that um KPA was not [2:40:11] on anybody's top three um and that only [2:40:15] one member listed um [2:40:18] >> group four on their top three. And so I [2:40:24] thought was very encouraging news that [2:40:27] the other three had um were on were on [2:40:31] all those people's um top three list. So [2:40:34] I I think that was really encouraging. [2:40:37] >> No, no, great. I I just we don't need to [2:40:39] belabor it. I just wondering we weren't [2:40:40] there. Those of us that weren't there, [2:40:42] >> right, the other [2:40:42] >> So then the sorry the last question I [2:40:44] have is can we let's say if we wanted to [2:40:47] send our general professional services [2:40:50] contract to these top three and have [2:40:53] them start working on the contracting [2:40:55] while the interviewing and the rest of [2:40:56] this going on. And they were provided a [2:40:58] copy of the town's agreement is part of [2:41:02] the [2:41:02] >> RFP. [2:41:03] process. [2:41:04] >> Well, marking it up. I mean, I mean, I'm [2:41:06] sure you provided it, but actually [2:41:07] asking them to mark it up as if they [2:41:10] were awarded the contract. [2:41:11] >> We don't want them to mark it up. [2:41:13] >> Oh, we just make them take it. There's [2:41:15] no Okay. Sorry. I So then I'm wondering [2:41:17] why it would take a while to sign it if [2:41:18] we just force them to take it. It's you [2:41:20] know normally in this these processes [2:41:23] and and again Dustin does these all the [2:41:25] time but we this has been condensed into [2:41:28] two days. So this meeting that we had [2:41:32] today staff did not we weren't able we [2:41:35] hardly had any time the discussion was [2:41:38] not it nothing has been comprehensive [2:41:41] nothing it has not been typical we have [2:41:44] not called references we have not we [2:41:47] have many questions about the proposals [2:41:50] this was just a very initial [2:41:52] conversation so [2:41:53] >> no no I understand that I'm just all I'm [2:41:55] asking is these little pieces that we [2:41:57] were worried about because I agree with [2:41:59] council member Dowling that okay well if [2:42:01] we're sort of targeting the August 4th [2:42:04] how we can just get as much of this [2:42:07] through so that that August 4th meeting [2:42:09] is a deciding meeting essentially which [2:42:11] it sounds like [2:42:12] >> I mean that that is that is my goal rest [2:42:14] assured that is my goal and working with [2:42:18] our team we would like we would it is [2:42:21] our strongest hope I just can't give you [2:42:23] 100% commitment because it's it depends [2:42:26] a lot on on um [2:42:28] >> there consultant you get. [2:42:30] >> Yeah. [2:42:31] >> I think a critical factor I think this [2:42:34] is Mayor Pertim's point is whether [2:42:36] there's value in in the interviews and [2:42:39] uh I think staff that's a point that we we just feel is is a a critical [2:42:46] aspect of of negotiating an agreement. [2:42:49] We we we've heard the the committee say [2:42:51] who they like or who the kind of the the [2:42:53] preference is. Uh but it's also, you [2:42:56] know, part of this is a team we're going [2:42:59] to work with um for, you know, at least [2:43:02] the next three months and it could be [2:43:03] longer. Uh and there's going to be it's [2:43:06] going to be intensive work. Uh just it, [2:43:09] you know, it's it's who's part of that [2:43:11] conversation is who's going to be the [2:43:13] project manager? Uh who, you know, who's [2:43:16] going to be the primary interface with [2:43:18] staff on critical issues, how they deal [2:43:20] with those issues. And so I I think [2:43:24] that's that's where you see maybe the [2:43:27] perspective is is whether there's [2:43:29] interviews or not difference. And and I [2:43:32] think that's where staff and Chris is [2:43:34] saying, "Hey, we think it's important to [2:43:36] at least do the do another step of due [2:43:39] diligence of interviews and and [2:43:42] reference checks and and again and and [2:43:45] do it dilig quickly, efficiently, and [2:43:46] bring the bring back the recommended um [2:43:50] uh agreement, you know, with with with [2:43:53] the recommended I bring back an [2:43:54] agreement with the recommended [2:43:55] consultant at your next meeting August [2:43:57] 4th. And as as we we mentioned um we we [2:44:02] think the subcommittee members to [2:44:05] council members may or may prom should [2:44:06] be part of that interview process too [2:44:08] because we think it could be it could be [2:44:10] really valuable just to be part of that [2:44:12] process and you know ultimately we and I know Christa's perspective is to [2:44:17] negotiate the the the best price for the [2:44:19] town and that's going to be you know we see it on paper but you know it's [2:44:23] gonna we have a realistic conversation [2:44:25] with the with the architect Um, you [2:44:28] know, there there's probably going to be [2:44:29] some some some changes and maybe some [2:44:31] updates to that to that scope of work, [2:44:34] especially around some of the items [2:44:36] that, you know, we know as part of that [2:44:38] were part of their scope assumptions uh [2:44:40] that are they're going to be relying on [2:44:42] the town to do. Uh h, you know, how how [2:44:44] we we address those as well. [2:44:47] >> You know, we're being told [2:44:50] >> Oh, okay. Bill wants to [2:44:52] >> Yeah, I Well, I I have I have a question [2:44:54] about just the the negotiating process. [2:44:57] It seems to me if we designate the [2:44:59] winner tonight, then the the the winner [2:45:03] is going to know they're the winner. And [2:45:06] so, you know, you don't really have any [2:45:08] uncertainty there in the negotiations. [2:45:11] As far as they're concerned, it's a done [2:45:13] deal. They name their price and that's [2:45:15] it. Whereas if you're interviewing three [2:45:17] firms, then the person who wins doesn't necessarily know that till the [2:45:22] end. And so if there is some give on [2:45:25] these figures, you at least have that in [2:45:27] play. I mean, I would just as we're [2:45:29] talking, I'm thinking back to I would [2:45:31] never with my law firm not interview [2:45:34] somebody. Of course, I'm hiring [2:45:35] attorneys, but also contractors, people [2:45:38] who work for us, expert witnesses. I [2:45:40] mean, I would have to really be in a [2:45:42] hurry and really pressed not to [2:45:44] personally interview somebody in my [2:45:46] business. I always go out to the [2:45:48] properties and I don't just go out. I [2:45:50] walk around. I talk to the maintenance [2:45:52] people. I talk to the property. It's [2:45:55] amazing what you're going to learn when [2:45:57] you talk to people that weren't weren't [2:45:59] there [2:46:01] initially and and then that suggests [2:46:04] more questions and so forth. So, I I do [2:46:06] think that could be could be valuable. [2:46:09] I'm sorry, Ben. This is more of a [2:46:10] question, but I guess my question was, [2:46:12] isn't is is that important? And I think [2:46:14] the answer is yes. [2:46:15] >> Yeah. And and I, you know, I spoke at [2:46:17] length about this at the last meeting is [2:46:18] that, you know, if you if you tell me [2:46:22] tonight to negotiate with one firm, [2:46:24] yeah, my leverage is shot. [2:46:27] >> So I [2:46:29] know it's it, as Ben said, it's [2:46:32] something that the council can do, and [2:46:33] you're just going to have to understand [2:46:34] what the consequences of that will be. [2:46:37] So, but we already have prices, so we're [2:46:39] not really expecting to negotiate on [2:46:41] price, are we? I mean, we're really just [2:46:43] wanting to get a contract so that we can [2:46:45] get going on the work. We're I don't see [2:46:47] that we're in a negotiation. I we've have we have a scope of work and [2:46:52] people have sent in their estimates and [2:46:54] our choice looking at the the propos, [2:46:57] you know, the proposals is based on [2:47:00] their price and especially which hasn't [2:47:03] come up and wasn't in the staff report, [2:47:05] their timeline. One of the con one of [2:47:07] the one of the groups is able to turn [2:47:09] this around in 12 weeks. The others were [2:47:12] 20 to 22 weeks and one was nine months. [2:47:14] And so, you know, knowing that we've got [2:47:17] a deadline trying to get the paramedic [2:47:20] building built that we want to get a [2:47:22] bond measure for March, you know, [2:47:24] walking back that 12 weeks looked very [2:47:27] appealing and that was the firm that had [2:47:29] three first choices from the group. And [2:47:32] so and and knowing that the timeline is [2:47:34] so tight, that was one of the reasons [2:47:36] that that that we were wanting to move [2:47:39] forward tonight. And it's not it's not [2:47:42] that we just got these RFQPS. I mean, we [2:47:45] did, but way back in May, we spent the [2:47:48] same amount of time looking at these [2:47:50] same companies with their RFQS. So, [2:47:53] we've gone through talking about them. [2:47:55] We've gone through looking at their pros [2:47:57] and cons. So, it's it's not that we just [2:47:59] got this. [2:48:00] >> Um, [2:48:02] >> Elizabeth, let's save these things for [2:48:03] debate. [2:48:04] >> Okay. Sorry. [2:48:05] >> Um, mayor, may I may I add that the in [2:48:08] regards to the um the amounts of time [2:48:12] that they were that put in the proposal. [2:48:15] That's an important part of putting [2:48:17] together a contract because you could [2:48:19] have you could have a firm that says 12 [2:48:21] weeks or a firm that says 16 weeks. [2:48:23] Well, how are we going to hold him to [2:48:26] that? [2:48:27] needs to be all buttoned up in the [2:48:32] agreement and um I'd like just real [2:48:35] briefly because you know Dustin has so [2:48:37] much experience working on these [2:48:39] processes [2:48:41] is do you have any comment having heard [2:48:43] this discuss these questions is there [2:48:46] anything that David and I you could add [2:48:48] that would be helpful [2:48:49] >> yeah I mean I I think it's all you know [2:48:52] negotiations is a key part of this so [2:48:54] you know having as much leverage as you [2:48:56] can in it. It's you know totally a best [2:48:58] practice of what we do. So um that [2:49:01] that's not only contract negotiations [2:49:03] but scope negotiations and feed those [2:49:06] are kind of the three legs of the stool [2:49:08] here that we want to you know maintain [2:49:10] our position on. So uh without giving [2:49:14] away our position of what we would ask [2:49:16] for um I I'll just leave you with those [2:49:18] elements would all be uh worked on as [2:49:21] part of the agreement. [2:49:23] I have a question. [2:49:25] >> Christa, in the RFP that went out, did [2:49:28] it state that we expect this um project [2:49:34] to be done by a certain date or did it [2:49:37] just say do it as quickly as possible? [2:49:41] >> Um, you know, David wrote the RFP, so [2:49:43] let me let me I don't want to um be [2:49:45] inaccurate. [2:49:46] >> The the RFP did not provide an explicit [2:49:50] uh timeline. Um it it what it what it [2:49:54] did do is ask for the consultant's [2:49:56] recommendation on an approach and part [2:49:59] of the approach that you really see [2:50:02] varies throughout the proposals. [2:50:05] >> Uh one of the the the [2:50:08] items that consumes a fair amount of [2:50:10] time is public outreach, [2:50:13] >> right? and different consultants assumed [2:50:16] different levels of public outreach. And [2:50:20] I think that was a big factor in terms [2:50:22] of the time frame for delivery of an [2:50:25] amended master plan was the level of the [2:50:28] level of number of meetings and uh [2:50:31] design review and so forth. uh and so [2:50:36] the part of know it's not every firm has [2:50:40] different amounts of resources that they [2:50:41] can bring to the table to deliver a [2:50:43] project at within a certain timeline but [2:50:46] that also affected that timeline. So uh [2:50:49] that that's just something again to to [2:50:51] weigh as part of your consideration. But [2:50:54] they but they were specifically told in [2:50:57] the selection criteria that one of the [2:51:00] criteria is understanding the project [2:51:02] and resolution 2623 and 2623 [2:51:06] said very clearly that such analysis [2:51:08] shall be as expeditious as possible. So [2:51:11] they you know as far as I I I realize [2:51:14] that but expeditious as possible could [2:51:17] mean different things to different [2:51:18] people. So, I just want to make sure [2:51:21] particularly if you're going to be doing [2:51:22] the interviewing and we really would [2:51:24] like this sped up. So, you know, it's [2:51:26] not 24 weeks but 13 weeks that you [2:51:30] really talk about we do have this [2:51:32] deadline. Can you meet it? [2:51:34] >> Well, I think the firm that said 12 [2:51:36] weeks understands that and I think [2:51:38] >> maybe the others did not know that. [2:51:43] >> Let's keep to question. [2:51:45] >> Any more questions? Any more questions [2:51:47] and then we can have a discussion. [2:51:49] >> Okay. [2:51:50] >> Um [2:51:51] we're we've exhausted the questions. Um [2:51:53] any public comment from the audience? [2:51:57] >> Anybody online? [2:51:58] >> Oh, Bob. Yes. [2:52:01] >> Hi everyone. Uh Bob Herpst. Um you've done your RFQ. These are all very [2:52:07] well-qualified firms. There's absolutely [2:52:09] no reason to do an interview process. [2:52:12] Now, you could very well authorize your [2:52:16] town staff to negotiate a final [2:52:19] agreement with whoever you guys tonight [2:52:22] say is your favorite. Um, and and they [2:52:25] can put in there uh you need to complete [2:52:28] it by 12 weeks. You you can negotiate [2:52:31] any of these contractual issues and and [2:52:33] that's what your town staff can do. And [2:52:36] if the if that preferred architect won't [2:52:40] meet those terms, then you move on to [2:52:41] number two. It's this it isn't really [2:52:43] that complicated. This is how these [2:52:45] types of contracts are done in the [2:52:47] private sector all the time. So, I think [2:52:49] you have the information you need. You [2:52:50] definitely don't need a bunch of [2:52:51] interviews. You know who these people [2:52:52] are. They're all very wellqualified. [2:52:54] Staff did a great job with our RFQ on [2:52:56] that. Um, so it's just up to you guys [2:52:58] now. Pick someone and let staff [2:53:00] negotiate whatever terms you guys tell [2:53:02] staff you want them to finalize. They [2:53:05] got to finish it in 12 weeks, 14 weeks, [2:53:07] whatever it is. You give them two, three [2:53:10] things and and let them do it. [2:53:14] >> Thank you. Anyone else in the chamber? [2:53:16] Anybody online? [2:53:18] >> I want to give them a second to raise [2:53:19] their hand. [2:53:21] >> No one online, mayor. [2:53:22] >> Okay. Okay. So, now we will bring it [2:53:24] back for discussion. Um [2:53:28] I guess my [2:53:30] maybe I should go last as the mayor. [2:53:32] I'll go last. [2:53:36] Okay, Matt. [2:53:37] >> So, I [2:53:39] >> maybe we shouldn't go yet. We should [2:53:41] discuss more. [2:53:42] >> We should discuss. I mean, [2:53:43] >> here's what I am voting for. [2:53:46] >> I think I think we everybody here is [2:53:49] totally aligned with wanting to go [2:53:51] quicker. Like, there's just nobody here [2:53:53] who doesn't want this process to have [2:53:55] already been over with. Um, so I I but [2:53:58] you know, so for me, it's the August 4th [2:54:01] really isn't that far away. No, [2:54:02] >> like it's less than I mean it's already [2:54:04] July 9th so it's less than a month. It's [2:54:06] less than a month no to have a final [2:54:08] >> um you know sort of finalist ready in a [2:54:11] contract and and I I don't think it's [2:54:14] that that long to wait. I'm I like three [2:54:16] more weeks isn't going to make this [2:54:18] thing make or break. I really don't [2:54:20] think that. But what I what I'm hoping [2:54:22] is what I'm would love to add to this is [2:54:26] during the if there are interviews or [2:54:28] sort of questions go back to the [2:54:30] respondents is this issue of the [2:54:32] schematic design right like Dan Wein [2:54:35] said on the call oh you know we'll call [2:54:37] them bridging doc bridging documents or [2:54:39] sche is I would love if part of this [2:54:42] we're all for the amendment of the [2:54:43] master plan but that they're taking that [2:54:45] next step to sort of start drafting the [2:54:49] actual drawings well that actually will [2:54:51] move the ball forward quite a bit if we [2:54:53] get that in scope for this that it's not [2:54:56] just the master plan amendment. So my [2:54:58] hope would be like hey is that a part of [2:55:01] this scope? Can we add that to this and [2:55:04] see what they say? Because I actually [2:55:07] that is the the the the [2:55:09] item that will move this the farthest is [2:55:11] actually having schematic designs done [2:55:13] as a part of the amendment process which [2:55:16] I thought we were sort of leaning [2:55:17] towards in the last special meeting. So [2:55:20] that would be my request is like wait [2:55:23] till August 4th but go back to them with [2:55:25] here's all the things we need. We need [2:55:27] it to be 12 weeks. We need you know we [2:55:29] need you to be the fast timeline. we [2:55:31] need you to be able to do these bridging [2:55:32] documents schematics and sort of force [2:55:35] on them the scope that we really want [2:55:37] them to come back to us with and either [2:55:39] they'll say yeah I'm in and my price [2:55:41] hasn't moved or no we can't meet that [2:55:43] timeline or whatever it might be but I [2:55:46] don't mind spending 3 weeks to get that [2:55:48] diligence done so that the scope is [2:55:50] really well set to what we want out of [2:55:52] this process [2:55:54] >> but can we ask them to do something that [2:55:57] wasn't in the RFP [2:55:59] >> yeah it seems odd It seems risky to [2:56:02] change the scope. Now, if I feel like [2:56:04] when we're in the middle of it, working [2:56:05] well with an architect, I think there [2:56:07] could be changes to the plan at that [2:56:10] point, but to go back and start over, I it's it's [2:56:15] >> we should stay within the scope of the [2:56:16] RFP, but I think what I heard from [2:56:18] Dustin is people call things different [2:56:20] things depending on who they're talking [2:56:22] to. And we heard that last time from uh [2:56:24] Dan Weiny as well. So, I think that's [2:56:28] one of the reasons why staff wants to [2:56:31] further engage with these consultants to [2:56:32] understand exactly what we're going to [2:56:34] get. They have their response, but we [2:56:36] don't know until we kind of probe what [2:56:38] that looks like, what exactly it is, and [2:56:40] to find that in the scope. So, hopefully [2:56:42] it meets our our needs. Um, so I don't [2:56:45] think we should be amending the RFP [2:56:47] scope, but understanding what exactly [2:56:49] we're getting. [2:56:51] I would still push to to settle on [2:56:54] someone tonight because [2:56:56] there was one person who can do it in 12 [2:56:58] weeks who was the first choice of three [2:57:00] of the people today including Julie and [2:57:02] me and I truly doubt that we can't find [2:57:07] three of us who can be available someday [2:57:10] between now and August 4 when we could [2:57:13] sign a contract. I mean, even like next [2:57:15] on you guys are gone like Wednesday, [2:57:18] Thursday, Friday, that would be a whole [2:57:20] week. We could perhaps have a contract [2:57:21] signed as quickly as the end of next [2:57:23] week because it only takes three of us [2:57:25] at a special meeting to do that. And the [2:57:28] timing really matters and we have an [2:57:30] excellent top rated candidate and I just [2:57:34] don't know why we wouldn't go ahead with [2:57:35] that and direct our our town manager to [2:57:38] do a um to negotiate a contract. Uh that [2:57:42] was the the top rated candidate can do [2:57:44] it in 12 weeks. Um it's you know [2:57:48] I mean we're lucky that we have this. I just don't I think we're making a big mistake if we slow it [2:57:55] down because there's no benefit to [2:57:57] slowing it down. Even at the end of [2:57:59] August or beginning of August, we are [2:58:01] almost certain to end up with the same [2:58:02] top ranked candidate. And why wait all [2:58:05] these weeks to to delay the project? I [2:58:08] also don't think I quite understand if [2:58:10] there are interviews. I somebody has to [2:58:12] decide who's the top ranked candidate [2:58:14] from those interviews. I mean, we're [2:58:16] here right now. We could as the five of [2:58:18] us could choose someone. But if there [2:58:19] are interviews, then we five have to get [2:58:21] together again to talk about who that [2:58:23] would be. And then we need a contract. [2:58:25] So, we're not going to be done on August [2:58:27] 4th. If August 4th is the first time we [2:58:30] five are together, but we're together [2:58:31] now. We could choose someone now. And it [2:58:34] only takes three at a meeting to sign [2:58:35] the contract. And then we are way closer [2:58:38] to getting our bond order done and [2:58:40] getting the the paramedic building done. [2:58:43] And again, it's it's it's sort of like [2:58:46] we're dancing around our top candidate [2:58:48] and we've been doing that for months now [2:58:50] and it doesn't make any sense. [2:58:54] Well, I I tend to support a fair process [2:58:57] and I agree that having an interview can [2:59:01] make a difference in terms of how people [2:59:03] how the staff feel working with say the heads of the the teams and feel um [2:59:11] comfortable with them because they're [2:59:12] going to have to be working with these [2:59:13] people for a long time. Um I think that [2:59:16] the timing is not so terrible. August [2:59:20] 4th is what three weeks away as you [2:59:23] said. It's very if if we we can't even I think we can't really sign a contract [2:59:29] and I would until August 4th and I would [2:59:32] really like to give the staff and the [2:59:35] two of you the opportunity to actually [2:59:37] interview. I would like to make sure [2:59:39] that Christa has leverage moving [2:59:42] forward. [2:59:43] So, I I think we should do the [2:59:46] interviews between now and the fourth. [2:59:49] And the top candidate, I'm not sure what [2:59:52] happens. Does the Does the council have [2:59:54] to agree on who the top candidate is? [2:59:56] Okay. So, of the the five people agree [2:59:58] on the candidate, Christa then starts [3:00:01] negotiating that contract. [3:00:02] >> Wait, which five people? [3:00:04] >> I'm sorry. How the committee, your [3:00:06] committee, the one that you're on? [3:00:07] >> But this should be a council decision, [3:00:09] not a committee decision. Who's are who [3:00:12] we are hiring? Just ask Christa, do you [3:00:15] need the council to agree on the firm? [3:00:19] >> So, of course, [3:00:20] >> the process the process typically is [3:00:25] that the town manager brings forward I [3:00:28] am the purchasing agent for the town and [3:00:32] anything that's over $50,000, which this [3:00:34] will be, I bring forward to the council [3:00:37] as a contract with contract attached so [3:00:39] that you can review it. and the council [3:00:42] is asked to um you know authorize the [3:00:46] town manager to execute the agreement. [3:00:49] Of course, you can say no or you could [3:00:52] say [3:00:54] you know what I no, we're not going to [3:00:57] do it now until something else is done [3:00:59] with it. I mean that that's how it's [3:01:01] typically that's how it's typically [3:01:03] done. Now, we had a a great I thought we [3:01:07] had a great subcommittee meeting today [3:01:09] where we had very good discussion and [3:01:12] the subcommittee was created by the [3:01:14] council to provide input to staff on the [3:01:18] selection. So, I would very much like to [3:01:21] have these interviews next week ASAP and [3:01:24] I would very much like the two members [3:01:26] of the subcommittee to be included as [3:01:29] part of that. And then when the [3:01:31] interview's done, we'll probably have to [3:01:32] do them by Zoom. when the interview is [3:01:34] done, we we all talk about it. And I [3:01:37] would like to have that would be ideal [3:01:38] to have consensus to come to come back [3:01:40] to council. [3:01:42] But [3:01:43] >> what if we have the same as today that [3:01:46] Julie and I feel one way and you and the [3:01:49] other staff person feels the other is [3:01:52] who's who's choosing here? [3:01:53] >> So, first of all, it was not me. I did [3:01:56] not score or make an evaluation today at [3:02:00] all. So, I mean, I I I think you're [3:02:03] getting ahead. I mean, if that ends up [3:02:05] being a problem, we could attempt to [3:02:07] call a special meeting if we needed more [3:02:09] guidance. Of course, that's going to be [3:02:12] difficult because we need to have three [3:02:14] people physically in Ross. So, I mean, I don't think we should borrow trouble. [3:02:19] I'm I think we can have a good process [3:02:23] next week and have conduct some [3:02:24] interviews and and get this thing done. [3:02:29] >> Yeah, Bill. Yeah, I know. I I I I I [3:02:32] think we should do the interviews. Um, [3:02:35] you know, I I heard what Bob said and I [3:02:37] understand that and probably in my [3:02:38] business I might say the same thing for [3:02:40] the people I deal with because I deal [3:02:42] with the same types of people over and [3:02:44] over again. This is a little different. [3:02:46] I think it's a big public project with [3:02:49] lots of different moving parts. And if I [3:02:51] were doing the interviewing, I would I [3:02:53] would have a lot of questions for them [3:02:55] about well, how are they going to do [3:02:57] this and do they have the people [3:02:59] available and u do they have people in [3:03:01] this area, that area, if it's not [3:03:03] already covered in their their written [3:03:05] material and what I typically do is I [3:03:08] interview a lot of people, but I learn [3:03:10] things and then I ask the other people, [3:03:12] well, how would you approach it? And I [3:03:14] might not have even have thought of that [3:03:16] if somebody hadn't mentioned it in [3:03:17] another interview. So, I think it can be [3:03:20] valuable and I really don't think at the [3:03:23] end of the day there's going to be a big [3:03:25] time difference. I think we can get this [3:03:27] done on August 4th. [3:03:30] So, that's my take. [3:03:34] » I still I'm still uncomfortable with [3:03:38] I I think that well, first this first [3:03:42] contract if if we hire the top candidate [3:03:45] is only 12 weeks. So, we're not talking [3:03:46] about a lot of time. But I I'm still [3:03:48] kind of uncomfortable with this process [3:03:51] that that the committee instead of the [3:03:54] five of us are the ones who are [3:03:56] directing the issuance of the agreement. [3:03:59] It it it it has to come back to the five [3:04:02] of us and we're here now. [3:04:05] If I understood correctly, it it will [3:04:08] come back to us on on August 4th. [3:04:10] There'll be a contract with one of those [3:04:13] firms that was the highest scoring firm [3:04:15] based on the interviews. So we have the [3:04:18] ability to say yes, this is great or no. [3:04:23] So we do have that we do have that [3:04:25] choice to make that decision about the [3:04:26] contract. Is that correct? [3:04:29] >> Yeah. And well I would add Elizabeth is [3:04:31] that we you guys we trust you. I I don't [3:04:34] think that I don't I think that we the [3:04:36] three of us are very comfortable with [3:04:38] the two of you [3:04:39] >> but we're out vote. We're there are more [3:04:40] than two. We're not [3:04:42] >> but we'll bring it back and we all say [3:04:43] no. Right. If if if that's the case, you [3:04:45] say, you know, that we really actually [3:04:48] don't like the final contract, and [3:04:49] you're right, we will have lost time on [3:04:51] that. [3:04:51] >> We're ready. We're on that. I mean, [3:04:52] we're ready to go. [3:04:54] >> We all are leaning in the same [3:04:55] direction. Everybody really likes one [3:04:57] firm. We all know who that firm is, but [3:05:00] doing this little bit of more due [3:05:02] diligence. And quite frankly, honestly, [3:05:04] maybe we can. They are one of the [3:05:05] highest biders, right? Maybe we can [3:05:07] lower their price. I don't know what's [3:05:09] going to happen, but I I don't know that [3:05:11] this three weeks like we have we're [3:05:12] gonna this is mission critical. The [3:05:14] whole thing is going to blow up if we [3:05:16] don't do it today. So, it's three weeks. [3:05:18] It's really in the amount of time we've [3:05:20] spent on this. I feel like it's not that much to wait for. [3:05:25] >> I think if we did it tonight, it [3:05:26] wouldn't be three weeks. I think we can [3:05:27] get the contract by the end of next [3:05:28] week. That's where I don't I don't see [3:05:31] that the this August 4 stretching way [3:05:33] out is I don't feel that we need to wait [3:05:36] that long. [3:05:37] We wouldn't have three people here at [3:05:39] the end. We wouldn't have three people [3:05:41] here at the end of next week. [3:05:41] >> Well, aren't you here next week, Terry? [3:05:43] >> The two of us are gonna I think you're [3:05:44] here. You're gone. [3:05:46] >> Yeah, but the three of us are here next [3:05:48] week. All week. [3:05:49] >> I mean, so if it's a matter of signing a [3:05:51] contract. [3:05:52] >> Well, how about we leave this is if if [3:05:54] you can do it faster, right? You do your [3:05:56] interviews. If you can do it faster, we [3:05:58] just call special meeting, right? [3:06:00] Earlier than August 4. I mean, I'm [3:06:02] willing to do that. [3:06:04] >> The interviews and the contract. [3:06:06] >> Yeah. So, I'm saying if if staff and you [3:06:08] guys all agree and you get it faster and [3:06:10] the three [3:06:10] >> So, what if we had a special meeting on [3:06:12] Friday, next Friday, and then we do have [3:06:14] the interviews, then at least we're weeks ahead. [3:06:21] » Okay, Christa, what do you think? [3:06:25] >> Could I just say I think it's absurd. [3:06:27] You're you're you're just plain don't be planning on having that. And remember the council procedures [3:06:33] manual says that when you call a special [3:06:36] meeting that the intent is that all five [3:06:39] council members are able to participate. [3:06:42] That is the basis on what I pulled the [3:06:45] council. [3:06:46] You it's like you have a procedures [3:06:50] manual. You you have you give me [3:06:52] direction. That's what I do. I don't get [3:06:55] to pick and choose what it is, you know. [3:06:58] So that is the basis on which I what I [3:07:01] did the polling. Um I think it's going [3:07:04] to be challenging even and when you have [3:07:05] three people here it's going to be [3:07:07] challenging for two members one of whom [3:07:09] is going to be nine hours ahead. [3:07:12] So you're [3:07:15] >> eight and nine hours ahead [3:07:17] >> when nine and [3:07:19] >> so um to to do what to say I mean this [3:07:22] is it's it's August 4th. August 4th is [3:07:26] going to be incredibly challenging as it [3:07:28] is. [3:07:29] >> So I don't want you to start setting [3:07:31] aside Friday next week. It's not not [3:07:34] going to happen. [3:07:35] >> I guess my my view I I hear what you're [3:07:38] saying in terms of wanting to kick the [3:07:40] tires and have more leverage and do more [3:07:42] due diligence and all that kind of [3:07:44] stuff. But we started the meeting this [3:07:48] today, this afternoon by saying all five [3:07:50] of these firms are excellent firms. And [3:07:53] I think I gravitated towards Gendler [3:07:57] because it it may be a little more [3:08:00] expensive, but it's because they have [3:08:02] the availability to meet our schedule. [3:08:06] And that's the most paramount thing in [3:08:09] my mind. We have to get going. We have [3:08:12] to complete this. We we need to get this [3:08:15] paramedic facility delivered by January [3:08:17] of 2029. [3:08:19] And I would hate for us to go do, you [3:08:22] know, do more due diligence, kind of be, [3:08:26] you know, at at an impass, come back on [3:08:29] August 4th, not decide, go back out [3:08:32] again, do more interviews, do more [3:08:35] negotiations. I mean, to me, [3:08:39] Gendler is the creme de la creme. I [3:08:42] think maybe Christa, you could meet the [3:08:45] team [3:08:46] if you like. I I am assuming you're [3:08:49] going to really like the team and you [3:08:51] can negotiate a contract with that team [3:08:54] and if you don't like the con the you [3:08:56] know one of the two people you can say I [3:08:59] don't really like this person this [3:09:01] person doesn't I don't have good [3:09:03] chemistry with this person could you put [3:09:04] a different person on on this on this [3:09:07] team for me to work with um [3:09:12] and I I feel like the Gensler firm gets [3:09:16] the project they get the community, they [3:09:18] get the urgency. Um, [3:09:22] we I don't think we would go wrong [3:09:24] hiring them. So, [3:09:28] you know, and they're the only ones that [3:09:31] looked at this and recognized the [3:09:34] schedule issue. Everyone else is 20 [3:09:38] weeks, 9 months, 24 weeks, 22 weeks. [3:09:42] that's just [3:09:44] and you can negotiate, but their costs [3:09:46] are going to go up because they're going [3:09:49] to have to throw more people on earlier. [3:09:51] Um, so I I don't know that we're going [3:09:54] to get that much more value by [3:09:57] negotiating. [3:09:59] So I mean, we would get educated, but I [3:10:01] trust I trust Gendler to be a good [3:10:05] partner with us and ethical and working [3:10:09] really well with us. [3:10:11] So my view is I would rather just [3:10:13] proceed tonight with recommending [3:10:17] Gendler and asking you to negotiate a [3:10:20] contract with Gendler based on all the [3:10:23] information that they've already [3:10:24] provided us with um like all the other [3:10:28] firms um and and keep moving forward. [3:10:32] But it sounds like I am in the minority. [3:10:35] >> No, but why don't we have Christa come [3:10:37] back to us? So I mean the two of them [3:10:38] are it's hard because we are not in the [3:10:40] subcommittee so they're both saying [3:10:42] Gendler is there maybe just tell us what [3:10:45] your fear is of I know you said you want [3:10:48] to have maximum leverage is it just the [3:10:50] price or do you have your own [3:10:52] reservations like because the two [3:10:54] council members that are closest to this [3:10:56] are both sort of leaning that way so we [3:11:00] understand the process you want to do [3:11:01] but is there some issues you're having [3:11:03] with Gendler? So I'd like Dustin and [3:11:05] David to add on in the particulars but [3:11:08] um [3:11:10] for me it is that we have not been [3:11:13] allowed to do the basic standard of [3:11:20] professional staff work on this. We [3:11:24] started looking at the proposals on [3:11:27] Monday afternoon, right? 3-day weekend [3:11:32] and [3:11:33] we have not been able to we we we [3:11:36] haven't been a I haven't been able to [3:11:37] call people in other cities. Hey, how [3:11:39] did they do on that project? You know, I [3:11:41] mean, Dustin can give us some in information. [3:11:48] Um, but that that's my main concern. And [3:11:52] when you ask a lot of questions about [3:11:53] what happened to the subcommittee today, [3:11:55] well, I'm kind of embarrassed that I [3:11:56] haven't been able I can't provide I I [3:11:59] report to the entire council and good [3:12:01] staff work would be for me to be able to [3:12:04] have a staff report and a good [3:12:06] presentation that would be sharing with [3:12:08] you all all the the the input that all [3:12:12] the members everybody that was at that [3:12:14] and I have I can't do that. It happened [3:12:15] today. So that's my kind of overall um [3:12:19] concern about this. And so I would like [3:12:23] to be able to have conversation this [3:12:27] week, right? You know, it's going to be [3:12:28] summertime. I sure hope we can get [3:12:30] everybody on a Zoom call. I would like [3:12:32] to include the two subcommittee members [3:12:36] there. I I think that um I understand [3:12:39] the mayor where you're coming from, but [3:12:41] you also you're making a lot of [3:12:42] assumptions about that. you know that [3:12:46] shortening the time frame is going to [3:12:48] make us is by the other other because we [3:12:50] can ask we can ask these questions in [3:12:53] the interview process to the other firm [3:12:54] saying well one of the firms um said [3:12:57] they can do it 12 weeks how about you [3:13:00] can you do it in 12 weeks for the same [3:13:02] amount of money or less money how about [3:13:04] less money because Gendler that's my [3:13:06] main issue with Gendler is twice as much [3:13:08] money um as the third as as one of them [3:13:12] so those were my kind Those are my [3:13:15] bigger bigger picture and but I I would [3:13:18] like to ask David and and Dustin for [3:13:21] specifics [3:13:24] more specifics. [3:13:26] >> Well, I I I think Christa, you hit on uh [3:13:29] what I see as a critical issue is is and [3:13:32] I know it's because it ranks very highly [3:13:34] with the the members the council members [3:13:38] that are on the committee is the [3:13:40] timeline. And we we were not explicit in [3:13:43] the RFP. It didn't say you have to [3:13:46] complete it in you know 13 weeks [3:13:50] uh and set out you know that that spec [3:13:54] it's clear that the the firm that did [3:13:58] that was was aware of you know the time [3:14:01] constraints. Now is is was that because [3:14:05] bad actors? No, not at all. But there [3:14:08] was some insight there that they that [3:14:10] led them to provide that schedule for [3:14:13] the work. And so I I I think just being [3:14:16] prudent, we could we we would want to [3:14:18] ask, you know, who really the the other [3:14:21] firm uh that was kind of number two, [3:14:23] Nolan Tam, could you could you complete [3:14:25] it within the same amount of time? And [3:14:28] again, I think it's also just uh the [3:14:32] importance of being able to have a [3:14:35] conversation around the scope of work [3:14:38] with the team before you before you make [3:14:40] the final selection. It it's it's just a [3:14:44] it's just in my career, it's been a best [3:14:47] practice. Uh and you know, it's what you [3:14:51] what I feel comfortable with and it's [3:14:53] what we're used to as professionals. And [3:14:56] so that's why we're advising strongly [3:14:58] that we we do have an interview uh and [3:15:01] that when you at least have two firms in [3:15:03] that process, you you you create you're [3:15:07] trying to create a a level playing [3:15:08] field. But we also hear council members [3:15:10] and what you're saying in terms of you [3:15:13] know why you like the firm and that that [3:15:14] may not change but at least you could be [3:15:16] part of that process in that interview [3:15:19] so you can hear the same things that we [3:15:20] do when we have that when we ask the [3:15:22] critical questions. [3:15:26] Yeah, I would I would just add that, you [3:15:28] know, I work in this business. I submit [3:15:30] proposals all the time and most of those [3:15:33] times I'm interviewed same way because [3:15:36] people on paper are different than [3:15:38] people in person. Uh I have a whole [3:15:40] marketing team that puts together [3:15:42] proposals and they spin it and make it [3:15:44] look beautiful. But, you know, knowing [3:15:46] who you're working with on a person [3:15:48] byperson basis is so important no matter [3:15:51] who the top you know rated proposer is. [3:15:54] So just making sure that chemistry is [3:15:56] there and then of course you know [3:15:58] digging into due diligence of scope and [3:16:01] cost and timeline. These are all [3:16:02] critical aspects of the process. So um I don't think there's any issue per se [3:16:08] with Gendler. It's just doing the due [3:16:10] diligence in a robust way to make sure [3:16:12] you're making the right decision. [3:16:14] >> But even if we do interviews [3:16:18] um and another firm says yes, I can do [3:16:20] it more quickly. I don't see you Gensler [3:16:25] met met the selection criteria in my [3:16:28] opinion better than any of the other [3:16:29] firms in including you know being able [3:16:32] to do it quickly which was part of the [3:16:34] resolution. Um so I I you know and and [3:16:38] we we happen to have been working with [3:16:40] Gendler since April since uh January. So [3:16:43] and they have an excellent reputation. [3:16:44] So I don't I don't really understand [3:16:46] what what we think we're going to learn [3:16:48] in an interview. We have, as I said, we [3:16:51] have a firm that meets our collection [3:16:53] criteria [3:16:55] perfectly, um, can work quickly, has has [3:16:59] demonstrated they understand the project [3:17:01] based on what they've done already. And [3:17:04] um I I you know I don't I don't see it [3:17:07] just feels like we're wasting time and [3:17:10] you know time of the other companies [3:17:13] because I I I think we've got a you know [3:17:18] I I don't see having looked at the RFQS [3:17:21] and the RFPs I don't see that meeting [3:17:24] someone and saying hello for 45 minutes [3:17:26] is going to change my sense of the [3:17:28] reputation of these firms. I don't think [3:17:30] there's much to be gained because we [3:17:33] know a lot already. And we're also [3:17:35] hiring an entire firm with all of their [3:17:38] resources. We're not just hiring the [3:17:40] person who happens to come to the [3:17:41] interview. So that's that's just a you [3:17:43] know a small piece of the whole firm. [3:17:46] It's not where so it it's not as [3:17:49] revealing as the firm's reputation. [3:17:52] I I think we should just go around and [3:17:55] say if we want to hire Gensler tonight [3:17:58] and ask the town manager to try to [3:18:00] negotiate a contract with Gendler [3:18:03] immediately or if we want to go through [3:18:05] the interview process with the top two [3:18:07] or three firms and then bring it back as [3:18:10] quickly as possible. Um but definitely [3:18:13] by August 4th. So I'll go last. [3:18:22] So I will go first and I'm just going to [3:18:24] say it's such a strange dynamic for the [3:18:26] five of us. I mean probably I'm sure all [3:18:29] of you to because we have to not I feel [3:18:33] like I'm sort of in lost territory here. [3:18:37] I I my head spinning. I'm like what? [3:18:40] This is not our usual dynamic. So I but [3:18:43] I appreciate that because it really [3:18:45] means everybody is sort of bringing in [3:18:47] their their views and we're not trying [3:18:50] to um be in our normal alliances which [3:18:54] is sort of a a nice change I have to say [3:18:57] but it makes us a little uncomfortable. [3:18:59] Um I I would say that it just look we we [3:19:02] know we've got a great we have a great [3:19:05] diamond with Gendler and we all like [3:19:07] them. I don't think the three weeks is [3:19:10] really going to kill this project. I [3:19:11] just I I don't think it's if it was [3:19:13] going to be months and months and if we [3:19:15] end up picking them is that three weeks [3:19:16] are we going to look back years from now [3:19:18] and be like god we really should have [3:19:19] picked them three weeks earlier. It's [3:19:21] just not that much time to wait. I [3:19:23] appreciate that the staff just wants to [3:19:25] ask their questions and also evaluate [3:19:28] the other firms and I do think we all [3:19:30] have to look at our own biases. We are a [3:19:32] little biased. We've been working with [3:19:33] Gendler and Dan Weiny. We love his [3:19:35] project. We love the design. He's [3:19:38] brilliant on all these calls. He's he's [3:19:40] a master and there's a reason why he's [3:19:42] like running the firm. So, we all have a [3:19:44] little bias. We all like him. But to [3:19:46] give the staff I mean Christa said she [3:19:48] didn't even have time to really review [3:19:49] this before this meeting to give them a [3:19:51] little breathing room and just give them [3:19:53] a little more time to do the due [3:19:55] diligence. It's not going to make or [3:19:57] break this project. It's just not and [3:19:59] it's what they're asking for and I don't [3:20:00] think it's unreasonable. So, I'm with [3:20:03] you. I mean you the last meeting I was [3:20:05] like hire Gendler. You know, it's like [3:20:06] we all get that piece of it, but to give [3:20:08] our staff and give a little breathing [3:20:10] room to ask questions and quite frankly, [3:20:12] if we can negotiate them to a lower [3:20:13] price, I actually think that's [3:20:15] worthwhile if we knock a 100K off of it, [3:20:18] then that is worth the three weeks. [3:20:20] Okay? So, they, you know, and and giving [3:20:22] the other firms, there was no deadline [3:20:24] set, right? There was no timeline saying [3:20:26] you have to meet this. It's a little [3:20:27] unfair to the other firms because [3:20:29] Gendler had the inside track. They knew [3:20:31] what a rush we're in. The other firms [3:20:32] had no clue. So, can they do it? And it [3:20:35] guess what? We'll have our answer real [3:20:36] quickly if they say we cannot meet that [3:20:38] timeline. Just they're they're going to [3:20:40] bow out. So I sort of still just I'm I'm [3:20:43] where I was before. I I I totally want [3:20:45] to hire Gendler and I love Gendler and I [3:20:47] love Dan Weiny, but I don't think [3:20:48] waiting three weeks is going to really [3:20:50] just handcuff this and it gives [3:20:52] everybody a little breathing room and a [3:20:54] little more comfort in that final [3:20:55] decision. [3:20:57] >> But I'll still try to talk you out of [3:20:58] it. Um I don't know that we have to wait [3:21:01] three weeks because if we if we were if [3:21:04] we've moved forward with Gensler [3:21:06] tonight, we could have a contract by the [3:21:08] end of next week and that that is [3:21:10] better. The other thing the other point [3:21:12] is if you find out that the other firms [3:21:14] can do it, they can adjust their [3:21:16] proposals and um do it in 12 weeks. Are [3:21:20] you going to hire them? But we're we're [3:21:22] we have a lot of reasons, especially the selection criteria that that the committee went through. Gensel [3:21:29] came out on top. [3:21:31] >> I said, Elizabeth, if we end up with a [3:21:32] lower price, it would have been worth [3:21:34] $100,000 off, but they had an [3:21:35] alternative proposal and they cut it [3:21:37] down to 387 from 400 something. So, [3:21:40] they've already actually they've been [3:21:43] negotiating with us and have brought the [3:21:45] brought their proposal down as far as [3:21:48] how much money it costs. [3:21:51] Terry. [3:21:51] >> Yeah. Anyways, okay. [3:21:52] >> I can't convince you. [3:21:54] >> Interviews. Too bad. [3:21:55] >> I I support the idea of interviews. I [3:21:57] support August 4th. We make big [3:21:59] decisions. We s we get a contract. We [3:22:02] agree on it. We move on. [3:22:05] >> Interviews August 4th. Bud um interviews [3:22:10] August 4th. Subcommittee. All right. If [3:22:14] the subcommittee we go you go through [3:22:16] this and you still feel Gendler is the [3:22:18] top choice then I think the expectation [3:22:21] is that was that Crystal would take [3:22:24] direction from the subcommittee that the [3:22:26] council appointed to do this. Of course [3:22:29] that the council always has the final [3:22:30] word on this as it would on any [3:22:32] contract. But that's the process I think [3:22:35] that we should follow. I mean, it's [3:22:38] always possible something could come up [3:22:40] that is so important that nobody feels [3:22:42] comfortable going ahead without bringing [3:22:45] back to the council, but I think we all [3:22:47] feel we really would like to have this [3:22:48] done by August 4th. [3:22:50] >> But when will the subcommittee meet [3:22:52] again? [3:22:54] >> We're going to we're going to be on Zoom [3:22:55] calls next week. [3:22:56] >> Yeah, [3:22:56] >> that's what we're doing. [3:22:57] >> Just maybe via Zoom. [3:22:58] >> Yeah. [3:23:00] We're all in agreement that if it can go [3:23:02] faster, let's say you meet and have the [3:23:04] interviews and staff is like, "We love [3:23:06] this. Gendler's our picked too and it [3:23:08] comes sooner than August 4th. Let's do a [3:23:10] special meeting. I He's He's willing to [3:23:12] do it from Paris and I'll do it from New [3:23:14] York and we'll make it happen." [3:23:17] >> All right. [3:23:20] >> No, really. [3:23:21] >> Okay. So, I think I think you have the [3:23:24] direction that you that you need, right? [3:23:28] >> Yeah. Sure. [3:23:29] >> Okay. [3:23:30] >> And that's interviews by Zoom next week. [3:23:32] >> Yes. To the extent that they can be set [3:23:35] up as quickly as possible. Yes, that's [3:23:37] the plan. [3:23:40] >> Yep. [3:23:44] » Okay. [3:23:46] >> Yeah. [3:23:47] >> Um, [3:23:48] >> yeah. 10 o'clock. Do we need to take a [3:23:50] break or should we just keep going? [3:23:54] >> Five minute break. Okay. So, we'll [3:23:56] resume at 9:30. [3:24:05] We're starting um we are on agenda item [3:24:10] number 16 which is town council to [3:24:13] consider adopting [3:24:15] resolution number Hello. [3:24:20] You guys are having too much fun. [3:24:22] >> Yeah. We are on item number 16. town [3:24:25] council to consider adopting resolution [3:24:27] number 2637 [3:24:29] calling for an election for the passage [3:24:31] of the Ross Valley Paramedic Authority [3:24:33] 4-year special parcel tax for the tax [3:24:36] cycle 2027 to 2031 and requesting [3:24:41] consolidation with the November 3rd, [3:24:43] 2026 statewide general election from the [3:24:46] Marin County Board of Supervisors. [3:24:49] Manager Johnson. [3:24:50] >> Thank you, Mayor. This item was [3:24:51] continued from your June 11th council [3:24:53] meeting per town council direction so [3:24:55] that the ballot question language could [3:24:57] be edited. The Ross Valley Paramedic [3:25:00] Authority has provided paramedic [3:25:01] services to the community for over 40 [3:25:03] years and I'm going to call them RVPA. [3:25:07] is funded primarily through a [3:25:09] special uh parcel tax revenues. Every [3:25:12] four years, the voters within each [3:25:14] member agency's jurisdiction vote to [3:25:17] fund the parcel tax for another 4-year [3:25:20] period. Voters have consistently [3:25:23] approved the RVPA parcel tax. The [3:25:26] current tax expires on June 30th, 2027. [3:25:30] To maintain funding, each member agency [3:25:33] must place the parcel tax on the ballot [3:25:36] as a local ballot measure, which must be [3:25:39] approved by twothirds of the voters. [3:25:42] Under the proposed tax, each taxable [3:25:44] residential unit is taxed at a rate of [3:25:46] up to $17 $107.50 [3:25:50] the first year and every 100 square ft [3:25:54] of developed non-residential property. [3:25:57] and then that rate can be adjusted up to [3:26:01] $4 per year. Uh during the period of the [3:26:05] tax, the governing body of each member [3:26:07] agency annually confirms the tax by [3:26:10] adoption of a resolution. RVPA [3:26:12] recommends the annual increase in the [3:26:14] tax within the limit every year based on [3:26:17] the financial need of RVPA to maintain [3:26:21] its service. the tax is not [3:26:23] automatically increased $4 per year, but [3:26:26] rather may be up to that amount [3:26:28] depending on the financial condition of [3:26:31] RVPA. [3:26:33] So, as if you recall your discussion um [3:26:37] on June 11th, you asked that the [3:26:41] proposed ballot language um just the [3:26:43] beginning of it is changed. So, I won't [3:26:46] read the whole thing. It's in your staff [3:26:47] report, but to maintain local ambulance [3:26:50] services staffed by paramedics available [3:26:53] to respond to 911 emergencies, shall the [3:26:57] Ross Valley paramedic authority measure [3:26:59] be adopted continuing for four years, [3:27:02] the paramedic paramedic special [3:27:06] tax of up to 10750 and and it goes on. [3:27:10] Um, upon passage of the RVPA tax measure [3:27:14] by twothirds of the voters, the parcel [3:27:17] tax becomes effective 10 days after it [3:27:19] is declared by the town council. The [3:27:22] resolution um also that you are asked to [3:27:25] adopt tonight also requests that the [3:27:27] Marin County Board of Supervisors [3:27:29] consolidate the local election with the [3:27:31] statewide general election on November [3:27:33] 3rd, 2026. [3:27:36] So, it is re recommended that the town [3:27:38] council adopt resolution 2637 [3:27:42] calling for an election for renewal of [3:27:44] the Ross Valley Paramedic Authority [3:27:47] 4-year special paral tax for 2027 to [3:27:51] 2031 and requesting that the Merin [3:27:53] County Board of Supervisors consolidate [3:27:55] the election with the statewide general [3:27:57] election in accordance with the election [3:28:00] code. [3:28:01] >> Thank you. meet Chief Mahoney on the [3:28:05] Zoom if he if he wants to say anything [3:28:08] or add anything. [3:28:10] >> I don't know if he does. [3:28:11] >> I I don't have anything to add. Thank [3:28:12] you. [3:28:14] >> Thank you for being here. [3:28:16] Questions. [3:28:20] » Was Was the Did the text go Did the fire [3:28:23] department Did everyone review it? Is [3:28:25] everyone comfortable with the text? [3:28:28] >> Thank you. Thank you for the question, [3:28:29] Council Member Salter. I sent it to [3:28:31] Chief Mahoney who shared it with um the [3:28:35] RVPA. I don't uh they they kind of [3:28:38] pushed it back to deferred to us because [3:28:40] at the council as the local level um we [3:28:44] did send it to um our attorney that [3:28:47] we've been working with closely in Ben's [3:28:49] office again and we also sent it to the [3:28:52] county Marin County's election office to [3:28:55] make sure that it meant there's no [3:28:57] special way you count the the the num [3:28:59] the the the words in the ballot question [3:29:01] and they were um okay with it. [3:29:04] >> Okay. So, no objections from anybody. [3:29:05] >> No objections. Yes. Thank you. [3:29:08] >> Any other questions? [3:29:10] Public comment on this item. Anybody [3:29:12] here? Anybody online? Zach? [3:29:17] >> No one online. Mayor, [3:29:18] >> great. So, we'll bring it back for any [3:29:20] discussion or a motion. [3:29:24] >> One question. Elizabeth, I know you were [3:29:26] really looking at the text. Was this Are [3:29:28] you good with the new text? [3:29:30] >> This is what we agreed on last week, [3:29:32] last month. It's fine. [3:29:36] >> Someone want to make a motion? [3:29:37] >> Okay. I move we adopt resolution uh [3:29:40] number 2637. [3:29:44] » Second. [3:29:48] » Mayor McMillan. [3:29:49] >> Yes. [3:29:49] >> Mayor Prom Robbins. [3:29:51] >> Yes. [3:29:52] >> Council member Kercher. [3:29:53] >> Yes. [3:29:53] >> Council member Dowling. [3:29:54] >> Yes. [3:29:55] >> Council member Salter. [3:29:56] >> Yes. [3:29:56] >> Motion passes 5-0. [3:29:59] >> Thank you. Thank you, Chief Mahoney. [3:30:01] Good night. [3:30:04] Item 17, town council to receive a [3:30:07] status update from the public works [3:30:09] director regarding Winship Avenue bridge [3:30:11] replacement project. [3:30:14] >> Matt, I think you're [3:30:15] >> Yeah, I'm recusing myself from this item [3:30:17] because my residence is close to the [3:30:20] bridge. [3:30:28] » Let's see. [3:30:34] a second. [3:30:39] Um, [3:30:47] and to bring up the presentation [3:31:24] together. [3:31:46] All right, mayor and council, thank you [3:31:48] um for [3:31:51] uh taking in this presentation tonight. [3:31:53] Rich, public works director on the [3:31:54] Winship Avenue bridge replacement [3:31:57] project. Um just a brief update. We're [3:32:00] not going to get into too much depth [3:32:01] tonight, but we are going to cover some [3:32:03] uh key points. [3:32:06] Um I like this picture here. It's this [3:32:09] is the condition of the windshield [3:32:10] bridge about 55 years ago. Um looks [3:32:14] pretty much the same as uh it does [3:32:17] today. There's um that guy there fishing [3:32:21] is my older brother Jim. He uh used to [3:32:24] catch steel head in that creek. [3:32:29] So discussion outline we're going to do [3:32:30] the identifying the needs basically the [3:32:33] why that town council moved forward with [3:32:35] this project. We will look at um safety [3:32:38] considerations, flood protection, and uh [3:32:41] the need to improve structural [3:32:43] deficiencies. Then we'll look at the [3:32:45] SQUA and uh NEPA environmental process [3:32:49] looking at the 2020 uh initial study and [3:32:51] mitigated negative deck and the [3:32:54] mitigation monitoring and reporting um [3:32:57] program. And then we'll take a look at [3:33:00] the uh 2026 NEPA. Yes, 2026 uh NEPA was [3:33:05] approved by CALR uh just Tuesday. They [3:33:08] let me know that um all the documents [3:33:10] are in, all the signoffs are in. Uh [3:33:12] we're just waiting on the on the formal [3:33:15] letter on that. I'll get a little bit [3:33:16] more into that uh when we get to that [3:33:19] item. And then we're going to look [3:33:20] quickly at the U hydraulics [3:33:22] considerations and the uh norise [3:33:24] certification. We'll take a quick look [3:33:26] at uh the hydraulic models uh that were [3:33:29] used um to develop [3:33:33] both the uh environmental process and [3:33:35] the uh conditional no rice certificate [3:33:39] and a real quick lesson on hydraulics [3:33:42] 101 and then a quick look at the FEMA [3:33:45] process and then open it up for [3:33:47] discussion. [3:33:48] So why does the town need this bridge to [3:33:51] be replaced? So the safety [3:33:52] considerations CALR of course has [3:33:55] identified the bridges being in need of [3:33:57] uh replacement. This structural is below [3:33:59] minimum tolerable limit limits uh by the [3:34:03] NBIS and and DOT themselves. [3:34:08] Um the geometry is quote intolerable [3:34:11] requiring a high priority uh replacement [3:34:14] because of uh inadequate lane width, [3:34:17] inadequate sidewalk width um and [3:34:20] especially inadequate freeboard during [3:34:22] the 50 and 100year storms. That's a [3:34:24] criteria of the federal highway [3:34:26] association [3:34:28] uh and potential for continued continued [3:34:31] undermining scour and structural cracks [3:34:33] and spalling and the potential for [3:34:35] catastrophic failure. You can see some [3:34:37] of these um these pictures were actually [3:34:41] from I think my 2019 [3:34:43] presentation. Um but you can see the [3:34:47] bridge is in is in pretty bad shape. [3:34:49] It's definitely not a John Buck Leonard [3:34:51] reinforced concrete bridge like at Shady [3:34:54] Norwood uh Glennwood and um the S France [3:34:59] or the yeah Francis Drake bridge and the [3:35:02] Loganas bridge before it was replaced. [3:35:04] This is a earthfilled arch bridge. Uh we [3:35:07] don't have any asbuilts on it. We really [3:35:09] don't know what um the design criteria [3:35:12] was for it or uh the construction mir [3:35:14] materials that were used for [3:35:20] um flooding considerations inadequate [3:35:23] capacity identified uh in several [3:35:26] reports by several sources. Um the 2011 [3:35:29] capital improvement study by the Marin [3:35:31] County Flood Control District identified [3:35:33] it as a critical in channel measure [3:35:34] needed to increase creek capacity. Uh [3:35:37] Ross Valley flood protection wershed [3:35:39] programs. It's part of uh zone 9 flood [3:35:42] control [3:35:44] says mentions that the windship bridge [3:35:47] restricts flow in the creek causing [3:35:48] impacts due to upstream backwater [3:35:50] effects. Um but most importantly again [3:35:54] it's the the Federal Highway Association [3:35:58] uh criteria that inadequate freeboard [3:36:01] increases likelihood of debris [3:36:03] collection and catastrophic failure. Now [3:36:05] with regards to the first two uh bullet [3:36:08] points uh you know this is not a county [3:36:11] project. This is a this is a town [3:36:13] project. It always has been just because [3:36:16] the county identified it as a structure [3:36:18] within the quarter Madera Creek and St. [3:36:20] on Smal Creek floodway as causing a [3:36:23] restriction. That doesn't mean that uh [3:36:25] we are on any um obligation to meet any [3:36:30] goals of the Marine County Flood Control [3:36:32] District. I don't confer with them. They [3:36:34] don't confer with me. They like an [3:36:36] update on the schedule of our work. [3:36:38] That's basically the the content of uh [3:36:41] any of our conversations uh that we have [3:36:44] that are I myself have with with flood [3:36:47] control. um they have an interest in it [3:36:50] because of the regional impacts of [3:36:53] quarter Madera Creek and Sanoma Creek. [3:36:55] Other than that and a flood control gave [3:36:58] us reimbursed us for the SQA process [3:37:00] because that was not part of the HBP [3:37:03] program. Um but other than that uh [3:37:07] there's no uh there's no continuing [3:37:11] conversation and agenda and and uh [3:37:13] program goals that uh we're trying to [3:37:16] meet in conjunction with any uh flood [3:37:19] control agenda. The important thing that moved us forward and into an [3:37:23] approval for the HBP grant funding was [3:37:26] the uh inadequate freeboard uh which is [3:37:30] an F FHWA uh requirement [3:37:34] because of the possibility of of debris [3:37:36] collection. Now this picture here um [3:37:39] this is that flood event. It was a six [3:37:42] or sevenyear flood event that happened [3:37:44] at the end of 2016. And this is the one [3:37:46] I was talking about earlier that I [3:37:48] started work here and two weeks later we [3:37:49] had this flood and this is a picture of [3:37:51] the windship bridge upstream. Um right [3:37:54] as the um flood horns warning horns were [3:37:58] going off in Sano and Ross I the the [3:38:02] barrels are very nearly submerged and um [3:38:06] this is and again this is a six or [3:38:09] sevenyear flood. It's not the [3:38:10] hundred-year flood. So imagine if uh [3:38:13] debris started collecting and a large [3:38:15] tree or a hot tub came down and smashed [3:38:18] into the bridge now or maybe 20 years [3:38:21] from now. You're you're a good chance of [3:38:23] having a catastrophic failure. That's [3:38:26] something we want. That's why we need to [3:38:28] continue with this bridge project is [3:38:30] because if we said, "Oh, we don't need [3:38:33] it." And we stopped [3:38:36] design on it or halted it, uh, [3:38:40] and something like that happens. I mean, [3:38:42] you want to talk about liability, that's [3:38:43] we have an ongoing project. We need to be proactive and continue on [3:38:47] this project um to mitigate those type [3:38:51] of that that type of catastrophic event. [3:38:59] And as I mentioned, it's structurally [3:39:02] compromised. Earth-filled structure will [3:39:04] not accommodate rehabilitation to [3:39:06] address deficiency. So the question was [3:39:07] asked, well, why are we replacing the [3:39:09] bridge? Why don't we just widen the [3:39:10] sidewalk and widen widen the roadway? uh [3:39:13] you can't really do it with this type of [3:39:16] bridge or you you can't really do it uh [3:39:20] I don't want to say it's infeasible but [3:39:22] it would be extremely costly. We don't know what the bridge is made of [3:39:27] and how it could handle widening and [3:39:29] doing some sort of canal lever over on [3:39:32] either side over the the bridge. It's [3:39:34] just it wasn't the way we wanted to go. [3:39:37] We got the funding to for a full [3:39:38] replacement. [3:39:40] um [3:39:42] like to meet the freeboard requirement, [3:39:44] we you can't remove the center pier of a double arch bridge and hope that it uh maintains structural [3:39:51] integrity. It's just not it it's not [3:39:53] really feasible. [3:39:55] You know, require a new project scope, [3:39:57] defined and contract amendment, [3:39:59] repayment of the CALR HP funds expended [3:40:02] to date because we'd be abandoning the [3:40:05] uh replacement program. uh budgeting for [3:40:08] rehabilitation is problematic without [3:40:10] extensive investigation and testing, [3:40:12] including destructive testing. We we [3:40:14] really need to we would really need to [3:40:16] figure out what this bridge is made of [3:40:18] to in order to just widen it and um not [3:40:22] recommended at all. [3:40:26] Okay. Okay. Sequina process [3:40:29] for uh to meet the California [3:40:31] Environmental Quality Act uh [3:40:33] requirements of the project. We did uh [3:40:35] the town performed an initial study uh [3:40:38] followed by a mitigated negative [3:40:40] declaration certified in 2020 through [3:40:42] the adoption of the ISMD [3:40:45] and the mitigation monitoring and [3:40:48] reporting program that is required with [3:40:51] ISMD. [3:40:53] The initial studies findings determine [3:40:55] that project revisions and/or mitigation [3:40:57] measures outlined in the MMRP can [3:40:59] eliminate or reduce the effects on the [3:41:02] environment to a less than significant level on uh these following [3:41:08] points. Uh there there's several points [3:41:10] you need to address in a in a um [3:41:14] mitigated negative deck, but we found [3:41:17] that with the mitigation, monitoring and [3:41:19] reporting plan, we can reduce air [3:41:22] quality, biological resources concerns, [3:41:25] cultural, tribal resources, hazardous [3:41:27] materials and wildfire. Um the [3:41:30] hydrarology and water quality. Um [3:41:33] incidentally the uh Stson model showed [3:41:36] findings of no significant impact for uh [3:41:41] for the hydraulics uh impact portion and [3:41:44] we'll talk about that in a little bit. [3:41:46] Uh noise vibration and transportation [3:41:48] all of these can be mitigated to a less [3:41:50] than significant level. Therefore, we [3:41:53] were able to um continue with the ISMND [3:41:56] and not have to go to a a full EIR. [3:42:00] The mitigation monitoring and reporting [3:42:01] program that was adopted with the uh [3:42:04] mitigated negative deck um [3:42:07] uh compliance with this MMRP when we [3:42:10] most of it involves impacts during [3:42:12] construction [3:42:14] um and then there's some post [3:42:16] construction requirements as well. Um, [3:42:19] it's enforced by California uh public [3:42:21] resource code 211081.6. [3:42:25] The MMRP compliance measures integrated [3:42:27] into project bid documents and special [3:42:29] conditions. So the contractor uh must uh [3:42:33] take into account the needs for the [3:42:35] during construction mitigation [3:42:38] requirements. [3:42:40] And uh we the town will also hire [3:42:42] specialty consultants and equipment uh [3:42:45] to monitor and report compliance. [3:42:53] And then once we got SQA [3:42:56] adopted and um certified, we went into [3:42:59] the NEPA process. Be the NEPA process [3:43:02] was required because the federal funding [3:43:04] through the federal highway bridge [3:43:06] program. So that triggered the NEPA [3:43:08] requirement. It only NEA only evaluates [3:43:11] issues with strict federal oversight [3:43:13] that differ from SQUA such as the [3:43:15] Federal Endangered Species Act and [3:43:17] that's the National Marine uh National [3:43:21] Marine Fisheries and uh Department of [3:43:24] Fishing Game and those those sort of [3:43:26] federal offices. And then there's the [3:43:28] National Historic Preservation Act [3:43:30] section 106 which is the um extremely [3:43:34] intense in this case uh the the tribal [3:43:37] consultation uh which I think that it it [3:43:40] took a little bit more than three years [3:43:42] to get through just the section 106. [3:43:45] Um and then uh huray the NEPA categor [3:43:49] categorical exemption for NEPA was [3:43:52] approved by CALR uh just this Tuesday [3:43:55] July 2026. long time coming. [3:43:59] Um [3:44:00] and then with that uh categorical [3:44:04] exclusion, we are required to we have we [3:44:06] have drafted a local assistance NEPA [3:44:08] permits and environmental commitment [3:44:10] record. So that's a a big laundry list [3:44:13] of items that the the town and the [3:44:17] town's consultants and the contractors [3:44:18] will have to uh follow sort of a [3:44:21] checklist of uh during the [3:44:23] pre-construction you need to do this you [3:44:25] need to notify CALR when you're um when [3:44:29] you're starting certain elements of [3:44:31] mitigation for the um fish and wildlife [3:44:35] and and uh the section 106 stuff. So [3:44:40] it's basically a set of conditions for [3:44:43] the categorical insect exclusion that [3:44:46] CALR is uh we drafted it. It got [3:44:49] approved and um we will be distributing [3:44:52] that to our contractor when we go to bid [3:44:55] here uh in a a year maybe year and a [3:44:59] half. Um, this environmental commitment [3:45:03] record is intended to clearly document [3:45:05] the NEPA clearance commitments in a way [3:45:07] that makes them actionable during [3:45:09] construction. Requires the review and [3:45:11] approval of the our dewatering plan. Uh, [3:45:14] that's the uh realign temporary [3:45:18] realignment of the of the creek flow [3:45:20] while we work in the channel. [3:45:22] uh the fish relocation plan, the [3:45:24] riperian reveation plan and um that's [3:45:30] being prepared by Calrans prior to the [3:45:33] construction of the bridge. [3:45:36] So that's kind of the the environmental [3:45:38] process that we've uh we've concluded [3:45:41] now with the windshield bridge pro [3:45:43] project. [3:45:44] concluded the process but we're just [3:45:46] gonna just beginning to do the uh [3:45:48] mitigation requirements as we go uh into [3:45:52] construction. [3:45:54] Okay, project components just want to [3:45:57] give some highlights here. So um this is [3:46:01] the the new bridge alignment is this [3:46:03] these darker lines at the edge. These [3:46:05] are the abutments in the wing walls of [3:46:08] the bridge there and there. Uh this dash [3:46:10] line here is the public rideaway and [3:46:13] down here public rideaway. We have uh [3:46:16] John Crane's house here as the gray is [3:46:20] his deck. You can see it it's it [3:46:22] approaches into the rideway. Um fairly [3:46:25] certain that it's always been like that. [3:46:27] It's nothing that uh Mr. Crane built [3:46:30] himself. As far as I can remember, even [3:46:32] back when we lived there, that that deck [3:46:34] was always right up against the bridge. [3:46:37] Um, [3:46:38] we do intend with the new bridge to be [3:46:40] moving it away from Mr. Crane's house by [3:46:43] uh three or four feet and then it's [3:46:46] going to consequently move this [3:46:48] direction about 3 or 4 feet. Uh we're [3:46:51] going to maintain the width of the [3:46:53] sidewalk and street by um eliminating [3:46:57] those wide uh they're now planter boxes [3:47:00] and they got nice flowers in them and [3:47:02] stuff like that, but those those are [3:47:03] going to be have to go away and we're [3:47:06] going to have more of a standard bridge [3:47:08] railing like we have out here in on the [3:47:11] Logan Bridge. But you're welcome to hang [3:47:13] flowers and things like that on the [3:47:14] bridge, things like that. Um so that's [3:47:17] kind of an interview. Uh so uh Mr. Crane [3:47:20] is definitely uh the high most highly [3:47:24] impact impacted resident by the [3:47:27] construction as you can see. Um and then [3:47:31] over here we have [3:47:34] the you know the Shirani residence is up [3:47:37] here and the Carell residence 20 Winship [3:47:40] is just off the map down here. Um so uh [3:47:45] and as we move into the rideaway phase [3:47:49] which comes right after now now we're [3:47:51] out of NEPA [3:47:54] uh we're going to need construction [3:47:55] easements through uh to work around this [3:47:58] area near Mr. Crane's house and in uh [3:48:02] Mr. Carell's property and Mr. Crane's [3:48:04] property. Uh probably these will be [3:48:07] temporary access easements so we can ma [3:48:09] maintain these wing walls that extend [3:48:11] out of the rightway [3:48:14] but that's really the extent of the [3:48:16] rightway negoti negotiations that are [3:48:19] coming up. We we have this wing wall [3:48:21] carell owns this property or uh owns the [3:48:25] property all the way across here. So [3:48:27] we'll need a easement maintenance and [3:48:29] access easement for this wing wall of [3:48:31] Shirani maintenance access easement off [3:48:34] for this wing wall off of Carell and [3:48:37] temporary construction easements [3:48:40] uh for work on the bridge uh next to Mr. [3:48:46] Crane's house. More than likely this [3:48:49] section of the deck will need to be [3:48:51] removed temporarily or or permanently. [3:48:53] That's uh not up to me to decide. [3:48:57] Um but uh the the noise and vibration [3:49:01] impacts like that uh we definitely need [3:49:04] to be um sensitive to uh John Crane's uh [3:49:09] lifestyle. I believe he works at home [3:49:12] and uh that'll be uh [3:49:15] something that we need to make sure the [3:49:17] contractor is familiar with as we go [3:49:18] into construction. [3:49:23] Okay. talk about the hydraulics and no [3:49:25] rise. Um the hydraulic modeling it's [3:49:28] always u [3:49:31] confusing to the lay person because they [3:49:33] use so many different terms here [3:49:34] regarding the modeling. So for our [3:49:38] initial study on our mitigated negative [3:49:40] deck we used the stats in the 2017 1D2D [3:49:43] model. Um [3:49:46] the 1D2D model results for the proposed [3:49:49] project showed no increase in water [3:49:51] surface elevation in the flood plane and [3:49:53] therefore no flood mitigation was [3:49:55] required and no flood uh mitigation was [3:49:59] identifi identified in the ISMD. [3:50:03] The FEMA corrected effective model uh [3:50:06] the 2022 [3:50:08] version [3:50:09] um is the basis for the windshift bridge [3:50:12] no rise certification for existing [3:50:14] conditions the FEMA effective model [3:50:17] required insertion of more crosssections [3:50:20] at the bridge locations that's thus [3:50:22] becoming the corrected effective model [3:50:25] and then for the proposed conditions so [3:50:27] we can make the comparison of the no [3:50:29] rise the FEMA corrected effective model [3:50:31] required modifications to the proposed [3:50:33] bridge geometry becoming the post [3:50:36] project conditions model. [3:50:41] So hydraulics 101 it's all this is [3:50:44] showing is a cross-section of it of [3:50:47] what we uh the new bridge. This is the [3:50:49] black the roadways up on top you and I'm [3:50:52] using 5,000 cfs as a general number. [3:50:55] That's not the exact number that's [3:50:56] crossing under the bridge depending on [3:50:58] what study or what storm you're looking [3:51:01] at. So 5,000 CFS coming downstream, [3:51:05] 5,000 CFS going under the bridge, and of [3:51:08] course it's 5,000 that continues down. [3:51:11] Pretty basic. That's open channel flow, [3:51:14] non-pressurized flow. [3:51:17] Then you get into the condition where [3:51:19] the flow exceeds the capacity of the [3:51:23] bridge coming under. um the driving [3:51:27] force, what's pressurizing this water to [3:51:30] be to force the 5,000 going through and [3:51:33] is the elevation difference of this [3:51:36] water. As this water builds up, it's a [3:51:38] pressure that drives through. We call [3:51:40] this uh head. The delta H is the change [3:51:43] in elevation head. Whether this comes [3:51:46] from a a group of pumps or it's coming [3:51:49] from uh elevation or or or something [3:51:52] else, it's all the energy that pushes [3:51:54] through pushes the water through this [3:51:56] one. Assuming this has reached the the [3:52:00] peak its peak elevation, it stopped [3:52:03] rising. It's usually occurs at the peak [3:52:05] of the storm or this is no longer [3:52:07] rising. So you have 5,000 coming in, [3:52:10] 5,000 going under, 5,000 coming out. [3:52:13] What that means is you you're not you're [3:52:15] not adding more water here or or here. [3:52:19] It's all in equilibrium. So that's kind [3:52:21] of the fundamentals of getting no rise [3:52:24] when you have when you have a more [3:52:27] constricted uh opening. [3:52:31] You would say, well, you're increasing [3:52:35] the opening. You're going to increase [3:52:37] all the flooding downstream. Well, no, [3:52:39] you're not really. It's just going to [3:52:42] you're going to build up backwater and [3:52:43] force the same amount of water through [3:52:45] the bridge. [3:52:50] So the no-rise certification um as far [3:52:53] as the FEMA process is concerned, the [3:52:55] town of Ross followed the only process [3:52:57] acceptable to FEMA for compliance with [3:53:00] 44 CFR. [3:53:02] also satisfies [3:53:05] Ross Municipal Code 15.36 flood damage [3:53:08] prevention code for construction within [3:53:11] the regulatory floodway. FEMA does not [3:53:14] review or approve no rise certification [3:53:16] documents. The responsibility to obtain, [3:53:18] review, and approve these documents lies [3:53:21] strictly with the local flood plane [3:53:22] administrator. Now a good example of [3:53:25] this is I've done at least two no- rise [3:53:29] certifications in Ross. The one the most [3:53:31] recent I remember was a a ADU on Shady [3:53:35] Lane about three years ago. They were [3:53:37] only place they could put their ADU. [3:53:39] Part of it was sticking into the [3:53:40] regulatory floodway. Uh [3:53:44] and I said, "Well, no, you can't do that [3:53:46] unless you can prove no rise." Well, [3:53:48] they they hired Stson and Stson did an [3:53:51] evaluation and was able to to show that [3:53:54] the project does not did not cause a [3:53:57] rise. [3:53:58] Stson had has no interest in whether [3:54:00] this project moves ahead or not. They [3:54:04] came up with the requirements to show [3:54:08] under FEMA's uh no rise requirements [3:54:12] that there's there's no rise. So, I'm [3:54:13] not submitting that to FEMA or anything. [3:54:15] They rely on me as a the flood plane [3:54:18] administrator to say, "Yeah, he's he's [3:54:21] followed the rules. He he's he's okay to [3:54:24] do this encroachment into the into the [3:54:26] flood blade." This project is no [3:54:28] different. It's a It's a city project. [3:54:31] Yeah, the city's the owner. It's [3:54:33] slightly different, but um [3:54:36] FEMA the bottom line is FEMA has no no [3:54:40] review of no rise certification. It's up [3:54:43] to the town. [3:54:45] The proposed bridge and channel design [3:54:47] parameters used in the no-rise [3:54:48] certification must be verified by the [3:54:51] post construction as built. So this is [3:54:53] important too. So this norise [3:54:55] certification we have now is [3:54:56] conditional, right? We haven't built the [3:54:58] bridge yet. [3:55:01] Stson originally when they came up with [3:55:04] a no rise, they said, "Richard, [3:55:06] with your 20 Quincy's 2017 design, we're [3:55:09] not we're not getting no rise. This is [3:55:12] what you have to do. You we uh little [3:55:15] modifying of the bottom of the channel. [3:55:17] We actually had to lift it up a little [3:55:18] bit and some minor adjustments to the [3:55:22] bridge geometry. [3:55:25] sent all that to Quincy. They said, "No [3:55:27] problem. This is we'll it's already [3:55:29] incorporated into the original designs. [3:55:32] So based on that proposed design, we [3:55:36] have a no- rice certification. What we [3:55:38] need to verify is after the project that [3:55:41] the geometry in the channel bottom [3:55:43] matches the model uh what's what's in [3:55:46] the no-rise model and then we're we're [3:55:48] good to go. We can finalize our own [3:55:50] permit. If it's not, we need to correct [3:55:55] that so that it does. So, it's a [3:55:57] conditional norise certification. That's [3:56:00] important to know. But, um, most [3:56:04] no-rise certif certifications, well, all [3:56:06] of them that I've done have been [3:56:08] conditional. [3:56:09] They are they're always done before the [3:56:11] project. Hey, can we do this project? [3:56:12] Yeah, if you build it this way, [3:56:15] uh, and the no- rise certification says [3:56:17] that if you build it this way, there's [3:56:19] no rise, then you're, uh, you've met [3:56:22] FEMA's requirements. [3:56:24] I hope that that makes sense. [3:56:27] So, that concludes my presentation for [3:56:30] tonight and I open it up to discussions [3:56:33] and questions for staff. [3:56:38] » Questions? [3:56:39] Thank you, Rich. [3:56:43] And again, this is just an update. [3:56:45] There's no action item. [3:56:51] » Um, you know, as you went through like [3:56:53] the the no rise in the certifi [3:56:55] certifications, um, there's still a lot [3:56:58] of, you know, community members who are [3:57:00] concerned about about the replacement [3:57:03] causing more water downstream. [3:57:07] I don't quite know how we address that. [3:57:12] Are you asking me how we would address [3:57:14] that? [3:57:14] >> I mean, I mean, are you confident that [3:57:17] there that replacing the bridge won't [3:57:19] create more flow downstream? [3:57:25] » Based on the the review, the analysis, [3:57:27] yes, it's uh [3:57:30] it's sound hydraulics. There's there's nothing wrong with the idea that [3:57:34] just because you're increasing the open [3:57:38] area of the bridge that that's going to [3:57:40] cause a rise. It just doesn't it doesn't [3:57:42] work that way. What what would be a [3:57:45] problem is if you've created a large [3:57:48] opening because you had a catastrophic [3:57:50] failure and you have backwater. If that [3:57:52] happens instantly, yeah, all those [3:57:54] houses are they're going to get flooded [3:57:57] and worse. [3:57:58] It's the gradual gradual varied flow of open channel flow and then going into [3:58:05] pressure flow that you know we we it's [3:58:08] been proven in labs for hundreds of [3:58:10] years and that's how things function. Um [3:58:13] if you get uh like turbulence turbulence [3:58:19] in in eddies because a tree got stuck on [3:58:22] the wing wall and yeah you'll get you'll [3:58:25] get a rise there because you know [3:58:27] something got something changed the [3:58:28] hydraulic characteristics of the bridge. [3:58:30] So I'm I'm I'm confident that the [3:58:34] hydraulics are making sense. [3:58:37] >> Thank you. [3:58:39] because there's the the flow that's [3:58:41] coming down the creek is the same that's [3:58:44] going under the bridge is the same [3:58:45] that's going [3:58:47] that historically before the bridge was [3:58:50] built and after the bridge was built. [3:58:51] There's no change in what's coming down [3:58:53] the channel. Now, if you look at the [3:58:56] building bridge 2, [3:58:59] our project is worlds apart from that. [3:59:00] We've met FEMA's requirement. We've met [3:59:02] our own flood plane requirement because [3:59:05] we had an have a no rise. We're not that [3:59:08] there was no historical overbank uh with [3:59:11] the FEMA effective model. [3:59:14] So we haven't raising the bridge doesn't [3:59:17] pull more water into the channel which [3:59:19] is was the fadedia comp play of the of [3:59:23] the building bridge 2. Hey we removed [3:59:25] this obstruction but all of a sudden all [3:59:26] this water that used to go into Sano [3:59:29] downtown is now staying in the channel [3:59:32] because there was always this backwater [3:59:33] effect that happened. FEMA's documented [3:59:36] it. Stson's documented it. Uh the no [3:59:41] rise certification showed shows no [3:59:44] overbank situation. It's the same queue. [3:59:48] Stson's analysis during the ISMND should [3:59:52] show showed no downstream impact. [3:59:56] » Thank you. [4:00:02] » Any questions? [4:00:05] Bill, do you have any questions? [4:00:06] >> Okay. Um, [4:00:10] any public comment? [4:00:13] N [4:00:15] >> I'm just I'm going to come first because [4:00:17] I don't get to ask you questions. So [4:00:19] then I can do during public comment. [4:00:21] From the neighbors I've spoken to, the [4:00:24] concern seems to be that one, if you're [4:00:28] digging the channel out to make the no [4:00:31] rise, um whether that um you know, dirt [4:00:36] moves, so it could come back and then it will, you know, change the flow. [4:00:41] So, I know you're not allowed to answer [4:00:42] my questions, but I'm just giving you [4:00:44] the the the digging out of the channel [4:00:46] and maybe one of the council members can [4:00:48] help. But that was one question. And [4:00:50] then the other was John Crane in his [4:00:52] email had um actually the county or [4:00:55] somebody put a chart showing building [4:00:59] bridge 2 leaves and it shows you this [4:01:01] rise and then it says the windship [4:01:02] bridge leaves and then there's even this [4:01:04] more rise. So these are I mean these are [4:01:08] like they're just normal residents and [4:01:10] they're seeing these things and like but [4:01:11] it's showing these these rises and [4:01:13] they're digging out the channel. So, I [4:01:15] totally appreciate your analysis, but I [4:01:17] think helping the public learn a little [4:01:19] bit more about these very particular [4:01:22] issues might might put to rest some of [4:01:24] the questions. [4:01:26] >> Might I respond? [4:01:28] >> Yeah, go ahead, Rich. [4:01:30] >> Yes, thank you. Uh, Mr. Salter. Um, [4:01:34] yeah, a couple things. And I did read [4:01:35] John Crane's email. So, we're we're not [4:01:39] actually digging out the channel. were [4:01:41] uh part of the um process that uh Stson [4:01:46] identified was the fact that the uh the [4:01:49] 20 the 2017 [4:01:52] Quincy drawings showed the channel being [4:01:54] excavated under the bridge. Uh and that [4:01:58] was causing the water to uh change [4:02:02] it quickly as it came out of the bridge [4:02:05] because of this scoop and that was [4:02:07] causing a rise. So Stson actually [4:02:11] recommended that we bring that back up [4:02:14] to match more of the existing channel [4:02:16] grade. So if you look at that [4:02:17] cross-section that John Crane uh showed, [4:02:21] and it actually confused me the first [4:02:22] time I had to call sets and say, "Wait, [4:02:25] what are you doing here?" We say, "Well, [4:02:27] we're you need to keep the channel the [4:02:29] same elevation that it is historically. [4:02:32] You're not going to get that jump as it [4:02:33] comes out of the bridge." Um, so I [4:02:36] encourage John to look at that or more [4:02:38] closely. It's what they're showing is [4:02:40] that hey, Quincy wanted it scooped out [4:02:42] down here. [4:02:45] If you want to remove that hydraulic [4:02:47] turbulence, you need to bring the [4:02:49] channel back up to more of what the [4:02:53] current elevation is. I'm not 100% sure [4:02:56] why Quincy did that. Uh, I think they [4:02:59] were they were just showing grading and [4:03:01] that was going to be filled with [4:03:02] anti-cour material or something like [4:03:04] that. Bottom line is it needs the [4:03:07] channel bottom needs to match kind of [4:03:09] where it is now. We can't be we're not [4:03:11] altering that. Um, we're altering the [4:03:15] Quincy's design. We're saying don't [4:03:17] scoop out. Keep keep it level running [4:03:20] through. So, that's just a misconception [4:03:22] of reading that cross-section. The other [4:03:25] thing uh the other question was about [4:03:28] those pictures of the rise. Now that's I [4:03:30] had to chuckle when I when I saw those. [4:03:32] are those are pictures of the [4:03:35] effects of removal of building bridge 2. [4:03:37] This is those pictures were set up for [4:03:39] the safer EIR process. [4:03:43] If you remove building bridge 2 and you [4:03:45] let all this water through, look at this [4:03:47] is the rise you're going to see at [4:03:48] Winship Bridge [4:03:51] downstream. And we all know now by the [4:03:54] past history of the past few years is [4:03:56] yeah it rises by a couple inches due to [4:03:58] the safer project. It's got nothing to [4:04:01] do with our project [4:04:04] except the fact that yeah maybe that if [4:04:07] we do our project even more water is [4:04:10] going to be coming through because of [4:04:12] the safer project. Now, that project is [4:04:14] identified as a cumulative impact in our [4:04:17] ISMND. [4:04:19] According to what Chris said earlier, [4:04:21] that safer project's pretty much off the books at this point. So, we need [4:04:27] to keep moving forward with our project [4:04:29] and not worry about what's happening [4:04:31] with building bridge 2. When that [4:04:32] happens and we're done with our project, [4:04:35] that's not our that's not our problem. [4:04:38] I mean, I would defer to the town [4:04:41] attorney that it's not our problem. or [4:04:42] maybe we need to relook at our ISM andd [4:04:45] and take appropriate actions to uh make [4:04:50] sure we have a solid document that uh [4:04:52] the public is happy with and that [4:04:54] staff's happy with right [4:04:59] when we move forward with the project [4:05:01] for bidding we'll have to update our [4:05:03] IMSD make findings of whether you know [4:05:06] given the lapse of time whether certain [4:05:08] studies need to be conducted [4:05:10] uh to update the IMSD or not. That again [4:05:13] is a secret consultant driven process [4:05:16] when we're ready to move forward with [4:05:17] the actual construction. [4:05:20] Um, one final thing on that interesting [4:05:23] one of the photos that was sent to me to [4:05:25] try to prove that the bridge was causing [4:05:27] flooding was showing that all the flood [4:05:30] protection, increased flood protection, [4:05:32] our problem was our our bridge was [4:05:34] causing upstream. is like, well, that's [4:05:37] not a very good not a very good piece of [4:05:40] evidence showing that our bridge is [4:05:42] causing flooding when it's showing 14 [4:05:43] inches of of additional flood [4:05:46] protection. So, that that's out of [4:05:48] context. All those photographs that [4:05:50] you've seen of these these mysterious [4:05:54] pictures that that were up and I' I saw [4:05:56] them. I remember when the county put [4:05:58] them up and then five months later [4:05:59] they're gone. I don't know why I didn't [4:06:01] put them up there. Those other county [4:06:03] safer project photos is it's it's [4:06:07] totally irrelevant. [4:06:11] » Anyone else? Public comment. Yes. [4:06:19] » Hi everybody. Uh my name is Jennifer Ma [4:06:22] and I live at 82 Sir Francis Drake [4:06:24] Boulevard which is two houses downstream [4:06:26] of John Crane. Um, [4:06:30] so I'm hearing that the this project has [4:06:33] nothing to do with the safer, but [4:06:36] correct me if I'm wrong. This project [4:06:38] was part of the final EIR that was [4:06:43] approved for the safer project in 2018. [4:06:47] Correct. [4:06:49] >> The win. [4:06:49] >> Oh, you can't answer. [4:06:53] » Okay. Um so with the final EIR with the [4:06:58] safer project Winship Bridge was [4:06:59] included in that project. It's in the EIR and in that project there are [4:07:05] many homes downstream of the building [4:07:08] bridge in San and Selmo that are we're [4:07:11] going to see an increased rise in base [4:07:13] flood elevations in the 100red-year [4:07:15] event. Um and my home is one of them [4:07:18] along with many downstream. Uh I'm sure [4:07:20] you guys followed the safer project and [4:07:23] what happened with that, but um after [4:07:25] going through a whole process with FEMA [4:07:29] and there's lots of evidence out there [4:07:30] that removing that obstruction caused [4:07:33] more water to stay in the channel and [4:07:36] create increase in water level [4:07:39] downstream. [4:07:41] So what I saw in a um earlier like notes [4:07:45] or presentation was that taking out this [4:07:47] obstruction is going to lower the water [4:07:50] surface elevation upstream of the bridge [4:07:52] by 14 in. So where is that water going [4:07:56] to go? Every action has an equal and [4:07:59] opposite reaction. So if you're lowering [4:08:01] the water 14 in right upstream of the [4:08:04] bridge, how can you say there's going to [4:08:06] be no rise anywhere else? [4:08:09] Um, so my concern really is that, you [4:08:13] know, in the final EIR for this project [4:08:16] was approved in 2018. I haven't seen an [4:08:19] EIR approved or even completed for [4:08:23] anything that was um for this no-rise [4:08:28] analysis that was done in 2022. [4:08:31] Since the final EIR in 2018, this [4:08:36] project, not the safer, but the Winship [4:08:38] Bridge project has changed. There's been [4:08:42] changes in the design. There's now going [4:08:44] to be a change in the creek bed. Um, as [4:08:48] a public member who lives right [4:08:50] downstream of this bridge, I I haven't [4:08:53] seen any public notice as to why these [4:08:56] changes have been made. Um, it also [4:09:00] seems to me that a different model was [4:09:02] used to run [4:09:05] this simulation. In the EIR in 2018, the [4:09:09] 1D2D model was used, but it looks like [4:09:11] in this norise [4:09:14] um review, the FEMA 1D model was only [4:09:17] used, which shows way lesser impacts [4:09:19] than the 1D 2D model. Um, my concern is [4:09:25] not simply that the analysis of this no [4:09:28] rise in 2022 versus the analysis of the [4:09:31] removal of the bridge in 2018 have [4:09:33] different results. But that the public [4:09:37] record doesn't clearly explain how a [4:09:40] project that was evaluated in 2018 [4:09:43] under one design has become a project [4:09:46] now certified as having a no rise in [4:09:49] 2022 [4:09:51] after design modifications were [4:09:54] incorporated. [4:09:56] Um sorry, may I just have another [4:09:59] minute? Um, I think that I would like to [4:10:03] be entitled and I think the public and [4:10:05] all of you should be really asking some [4:10:08] deeper questions here. Um, I think that [4:10:12] uh it would be really important to be [4:10:14] able to see a detailed description of [4:10:17] the design changes made. Um, and why why [4:10:22] those changes were made, what and what [4:10:24] those impacts are. um a des I would like [4:10:27] to see a description of why they were [4:10:31] necessary and how they affect modeled [4:10:34] flood elevations downstream and [4:10:37] upstream. I also think it's really [4:10:39] important to see a comparison of the [4:10:42] hydraulic results from the 2018 [4:10:46] final EIR [4:10:48] and the 2022 norise certification [4:10:52] analysis. [4:10:54] Um, [4:10:56] I also would like an explanation of [4:10:58] whether the design changes made after [4:11:01] the final EIR require additional [4:11:05] environmental review. [4:11:07] Um, I haven't heard anything about an [4:11:09] EIR being completed since 2018 and I [4:11:13] know that there have been changes to [4:11:15] this project in the design which is very [4:11:18] concerning to me especially living so [4:11:21] close to the bridge. So, thank you. [4:11:24] Appreciate the extra time. [4:11:25] >> Thank you. [4:11:29] » Can you respond to that, Rich? [4:11:31] >> Um, I can respond to a few of a lot of [4:11:33] what she asked were actually was [4:11:35] actually presented in my presentation. [4:11:38] Um, [4:11:40] the Winship Bridge. Yeah, I was part of [4:11:43] the analysis from the safer EIR. So, was [4:11:46] uh everything down to [4:11:49] Kentfield and including Silven Lane. Uh [4:11:52] all everything was part of the hydraulic [4:11:54] analysis shown on uh um the the plates [4:11:58] of of who's receiving additional [4:12:03] flooding and who's getting flood [4:12:04] reductions. Um they were they're in the [4:12:08] ER. They were in our uh mitigated [4:12:11] negative deck. Again, we the town of [4:12:13] Ross did not prepare an EIR. We prepared [4:12:16] a mitigated negative deck. Um, the [4:12:20] reason for [4:12:22] if you have 14 in upstream and you've [4:12:25] reduced it to nothing downstream, I [4:12:28] explained that in hydraulics 101 earlier [4:12:32] that it's all driven by uh pressure [4:12:34] flow. If you build up head upstream, you [4:12:37] can push the water through it. That's [4:12:41] um I don't think I need to go through [4:12:43] that again. Um, [4:12:46] a lot of the other questions are, you [4:12:48] know, that would need to be submitted to [4:12:50] staff uh for evaluation. [4:12:54] As far as the, you know, the changes in [4:12:56] the um slight changes in geometry and of [4:12:59] the channel, I'm not sure if that uh is [4:13:03] what uh triggers a re-evaluation of our [4:13:07] ISMND, but I think like what the town [4:13:10] attorney says, it's uh once we get into [4:13:12] final design, we we are not even in [4:13:14] final design. We're still on the with [4:13:16] these minor changes that we haven't [4:13:19] changed the IR. We've just told Ste uh [4:13:23] told Quincy who's now consor the design [4:13:25] engineer to make sure that this gets [4:13:27] incorporated into the final design. We [4:13:29] haven't changed anything yet but we but [4:13:31] we plan on doing it and um that sort of [4:13:35] thing. Well, the final design will be [4:13:37] available to the public and uh we want [4:13:40] to have another we will have another [4:13:42] presentation on that when it goes to um [4:13:46] when we go to bid or pre- bid. If I [4:13:49] could just add amplify what uh Rich is [4:13:52] saying, the 2018 EIR, we're not relying [4:13:54] on that. That's a that's a flood control [4:13:56] district EIR. How they analyzed what we [4:13:58] were doing, that's not our document. Our [4:14:00] document that we did for SQL purposes [4:14:02] with the 2020 uh initial study make MMD. [4:14:07] So that's the conclusions in that MMD is [4:14:09] what guide the project. So whatever the [4:14:12] 2018 EIR that was not, we were not the [4:14:14] lead agency for that. That was for the [4:14:16] safer project. Thanks. I just want to [4:14:18] make that clear because I think the [4:14:20] speaker was confusing those two [4:14:22] concepts. [4:14:23] >> What's the what's it called again that [4:14:25] you're basing [4:14:26] >> the EIR from 2018 was led by the flood [4:14:30] control district [4:14:32] >> from 2020? [4:14:33] >> Correct. [4:14:34] >> What was the name of that exactly? [4:14:36] >> The initial study mitigated neg negative [4:14:39] declaration from 2020 which was [4:14:40] certified. [4:14:45] It's on the town website for download. [4:14:48] It's been up there for several years. [4:14:56] » I think I have one minute of it. Only I [4:14:58] only have two [4:14:59] >> I I want Charlie Goodman to go and then [4:15:02] we got to It's getting really late. [4:15:07] Just before I start, the 2020 SQUA that [4:15:10] you referred to, were there any public [4:15:13] comments made to that? [4:15:16] >> Yeah, there were there were several. Oh, [4:15:18] yeah. [4:15:20] >> Do I have comments in there? [4:15:22] >> I think you do. Yeah, I know John Crane [4:15:25] has some there. We got We got several. [4:15:29] » Okay. I I do not remember a 2020 sequel. [4:15:34] >> Yeah, I got it. It was right before [4:15:37] COVID started and uh I got it certified [4:15:39] at the county [4:15:40] >> 2018. [4:15:41] >> Well, 2019 and it it broke out in March [4:15:44] 2020. I was I was at the [4:15:45] >> 2020. [4:15:46] >> Yeah. Uh that's when I was at the county [4:15:48] getting it certified. [4:15:49] >> Charlie, go ahead. [4:15:50] >> Okay. Um [4:15:53] you all received um my letter already. [4:15:56] So, uh there's been a number of things [4:15:58] tonight that are additional things [4:16:01] um that have come up. First of all, I [4:16:04] heard Chris Martin stand in front of you [4:16:06] and as your advisory board member admit [4:16:10] that the county has lied and given [4:16:13] misinformation. Okay, that's coming. [4:16:15] We've been saying that, Gary, John [4:16:18] Crane, Jenna, we've all been saying that [4:16:20] for years. The information that you're [4:16:23] relying on is not true. Stson's [4:16:27] information, you have a you have a D1 [4:16:30] and a D2 and it's all been intertwined [4:16:34] so that the numbers come out that you [4:16:36] can do these things and they now the [4:16:38] county now knows that it's not. So [4:16:41] they're looking at the that the the um [4:16:44] we're down at um where the fish ladder [4:16:47] is. Now all of a sudden at the last [4:16:49] advisory board meeting they say, "Oh, we [4:16:52] can't do anything with that because 200 [4:16:55] homes are going to flood downstream." [4:16:58] All of a sudden, we've been screaming [4:16:59] about this for years. All of a sudden [4:17:02] though, they admit they can't do [4:17:04] anything. They have to have a absolute [4:17:06] negative change in that fish ladder. And [4:17:09] that's why that's not going to go [4:17:11] forward. So if you look at all of these [4:17:13] projects that have been done in Marin [4:17:14] County, every one of them has failed. [4:17:17] the Sunnyside uh detention basin [4:17:20] supposed to hold 88 cubic uh yard [4:17:23] whatever it is of water it holds 13. You [4:17:26] get into Sano the whole situation with [4:17:29] the the bridge failed. You come down [4:17:32] into Ross all of these things are [4:17:34] failing. You can't keep going like this. [4:17:36] And one of the big things you're worried [4:17:38] about is indemnification. Well, let me [4:17:40] tell you, you take that bridge out, you [4:17:42] are all on the hook. He's gone, but [4:17:45] you're going to be on the hook if [4:17:46] there's any failure or any wrongdoing [4:17:49] there. The final thing I want to tell [4:17:51] you is you talk about the Windship [4:17:53] Bridge and how how bad it is. You know, [4:17:56] this is what they use in CTO Madera [4:17:58] Creek where the where the Army Corps of [4:18:00] Engineers is. That's the steel that was [4:18:03] used in the Loganas Road Bridge. And the [4:18:06] poor guy that did that job lost money [4:18:08] because built that bridge was built like [4:18:11] a brick house. Pardon that [4:18:13] expression. You so you say that you [4:18:15] don't know what's in the windshift [4:18:17] bridge. Well, I got to bet that this is [4:18:19] the kind of product that they use in the [4:18:21] windshift bridge, not this. The final [4:18:24] thing is I know that the safety for the [4:18:26] children going across that bridge is an [4:18:28] issue. Have we looked I I went by there [4:18:30] today and I looked, you know, maybe [4:18:32] there's a way of putting a three- foot [4:18:34] wide bridge or or walkway alongside of [4:18:38] that windship bridge that we could put [4:18:41] in. and and we we resolved the safety [4:18:43] issue. [4:18:44] Thank you. [4:18:46] >> Thank you, Charlie. [4:19:03] Yeah, I had something else planned, too. [4:19:05] It was going to be funny, but frankly, I [4:19:07] don't think it's very funny at this [4:19:09] point. Um, it just seems that um, [4:19:14] unfortunately, [4:19:16] well, let me just say Charlie and I have [4:19:18] both been doing this flood stuff for 50 [4:19:21] years. I worked hard on the Lagan [4:19:23] Bridge. I'm familiar with CALR. I have [4:19:26] worked with the core. [4:19:28] We're not newbies to this. We've been [4:19:31] through this. And yet we're hearing a [4:19:34] lot tonight that appears to be it's it's [4:19:38] taken us by surprise to hear that all of [4:19:42] these procedures that we're asking for [4:19:44] have been completed. [4:19:47] Excuse me. When how much public input? [4:19:52] Because we have just finished with the [4:19:54] court of Madera Creek and Safer. And [4:19:57] what did we do? We had public input and [4:20:01] we spoke to the federal agencies who do [4:20:04] the permitting and they said, "You're [4:20:06] right. [4:20:08] These projects are in feasible." The [4:20:11] county was not saying that. [4:20:14] But this all happened because for a long [4:20:18] time no one listened. [4:20:21] So when Richard is saying that he has [4:20:24] done all this, I don't say he hasn't [4:20:26] done it. I'm sure he's done everything [4:20:27] he said he did, but I also heard coming [4:20:30] out of his mouth [4:20:32] things that the county has now put in [4:20:35] their lessons learned [4:20:37] from what happened to the pausing of [4:20:40] those two very expensive projects. [4:20:43] And unfortunately, he said them for a [4:20:46] long time and I think he still believes [4:20:48] them. And I'm not this is not the moment [4:20:50] to argue about them. That's silly. But I [4:20:53] will tell you they are not true. They [4:20:56] are unfortunately no longer relevant. So [4:20:59] what I would say, I will give you this [4:21:02] one little piece. Since 2014, it's a [4:21:05] long time ago, unforeseen factors have [4:21:08] delayed replacing the windship bridge. [4:21:11] Recorded testimonies link windship to [4:21:14] the sand and homo flood projects past [4:21:16] and future. The council is hearing [4:21:19] questions based on changed conditions [4:21:22] and technology. [4:21:24] Public hearings and a reassessment are [4:21:28] essential because there are a number of [4:21:31] items that you did not hear tonight. The [4:21:34] bank grading is important. There is [4:21:38] overbank flow. If you're going to mess [4:21:41] with the banks, that needs to be [4:21:43] quantified. I I don't see that resolved. [4:21:46] Uh there is also the bedrock drilling [4:21:50] which alarms the neighbors very much [4:21:53] because and it's in Quincy. I mean it's [4:21:55] not a secret. It's been there since the [4:21:57] beginning. It needs to be resolved. [4:22:00] There needs to be a careful look at what [4:22:03] mitigation is going to be required [4:22:06] before you step into this mess because [4:22:10] unfortunately [4:22:11] the old information is being used to [4:22:15] build current [4:22:18] NEPA and this is wrong. [4:22:21] Cl is the way to go, but FEMA cannot [4:22:25] give you accurate CLR without a proper [4:22:29] updated MT2. [4:22:32] That's I mean that's how it's done and [4:22:34] that's how we got to the point of the [4:22:37] permitting not being possible for those [4:22:41] two projects. [4:22:43] And it would be unfortunate to have to [4:22:46] go through that again. But honestly, if [4:22:49] we know you're wrong, [4:22:52] what choice do we have? I'm not going to [4:22:54] sit back and let it happen. [4:22:57] Thank you. [4:23:04] » Is there anything you want to respond [4:23:05] to, Rich? [4:23:08] >> Um, just a reminder that we're not using [4:23:11] the Stson model for the no-rise. for [4:23:14] using the uh the FEMA effective model. [4:23:19] That's all we're required to use. Um [4:23:23] there are parts of the Stsoness model [4:23:24] that I don't necessarily [4:23:27] agree with. [4:23:29] A lot of it a lot of the uh the channel [4:23:33] geometry and things like that. Yeah, [4:23:35] they they've got more detail, but um [4:23:40] I think we we need to stick with the FEMA model per the code of [4:23:44] federal regulations and our own [4:23:46] permitting uh our own flood plane ordinance code [4:23:52] and and the requirements of FEMA. That's [4:23:55] it. [4:23:58] We have no we're not compelled to use [4:23:59] the the Stson model except for we used [4:24:02] it for our ISM andd and it showed no [4:24:05] effect. [4:24:09] » Um is there any there's no one else in [4:24:11] the chamber. Is there anyone else online [4:24:13] for comment? [4:24:15] >> No one online, mayor. [4:24:16] >> Okay. Um, so we're not acting on this. [4:24:22] Was just a uh report. [4:24:26] So, a status update. Um, does anyone [4:24:30] want to say anything else? [4:24:33] Thank you, Rich. We're I'm not sure what [4:24:36] we're going to do without you, [4:24:38] >> but thank you so much. All right, moving [4:24:42] on to item number 18. [4:24:45] town council to consider authorizing [4:24:47] staff to initiate the recruitment of one [4:24:49] resident at large member to the advisory [4:24:53] design review ADR group. Roberta. Oh, [4:24:58] you say it's so late for this. Thank [4:25:00] you. [4:25:04] » Good evening, council. And [4:25:07] >> sorry, just a pause. We had made a new [4:25:11] rule about whether we worked late. [4:25:15] This one. [4:25:22] » Yeah, [4:25:26] » I know. Me, too. [4:25:29] I'll make it quick. Uh, good evening, [4:25:31] Mayor and Council. So, this item is [4:25:34] coming before you because we have an ATL [4:25:38] large ADR member whose term is up on [4:25:41] August 13th and they are not seeking um [4:25:45] reappointment for their term. So, the [4:25:49] item before you is to consider [4:25:51] authorizing staff to put out a [4:25:53] recruitment through the Ross review and [4:25:57] through email blast. It would be out for [4:26:00] 30 days and then we would get um [4:26:03] applications for um residents in the [4:26:07] community who are who could be an [4:26:10] atlarge member. They don't have to have [4:26:12] design or architecture experience or [4:26:15] background. Um there is in the [4:26:20] resolution under the section of making [4:26:23] an appointment that the town council [4:26:26] shall conduct interviews and appoint the [4:26:29] ADR group member and that a majority [4:26:31] vote of the council is required for the [4:26:34] selection of an ADR group member. Um [4:26:37] currently we do have four members so we [4:26:39] still have a quorum and even if we had [4:26:42] three who could attend that would be [4:26:44] sufficient. So, if this isn't, you know, [4:26:46] a priority at this time and you didn't [4:26:49] want to conduct interviews, you know, in [4:26:54] August or September, you could postpone [4:26:56] to a future date or you could also [4:26:59] modify the recruitment approach. [4:27:03] And I'm here for any questions. [4:27:04] >> Thank you, Robera. Any questions? [4:27:06] >> Just do all council members have to [4:27:08] participate in that interview process? [4:27:10] >> Um, it needs a majority vote. So, as [4:27:12] long as there's a majority at that um in [4:27:16] at the interview, then you could proceed [4:27:18] with that. [4:27:20] >> It's an interview at the right here at [4:27:22] the council, right? [4:27:23] >> Yes. [4:27:24] >> It is is an option for the council to [4:27:26] consider, let's say, if you do get if we [4:27:28] do a recruitment and if we do get quite [4:27:30] a few applicants, could we ask the ADR [4:27:34] to to screen them or shortlist it so to [4:27:37] speak and then bring the bring them back [4:27:39] to the council? Is that something the [4:27:40] council could do? So that you don't [4:27:43] spend an entire meeting. [4:27:45] >> Yes, I believe so. They could modify the [4:27:47] approach. [4:27:47] >> I think that's a great idea. [4:27:49] >> Or I was wondering, can we do it to one [4:27:51] of our subcommittees? We have [4:27:52] subcommittees. [4:27:54] >> Maybe the government What's the [4:27:56] government one? [4:27:57] >> You don't usually don't usually replace [4:28:00] yourself. That's where it's a little odd [4:28:02] the ADR doing it, but [4:28:03] >> No, no. I'm just saying we the council [4:28:05] has a subcommittees for these things. I [4:28:08] would refer this to a subcommittee. So, [4:28:10] it's two council members to do the [4:28:12] interviews because that's how we picked [4:28:14] the treasurer. Julie and I met and we [4:28:16] interviewed and then we and we [4:28:19] recommended to the full council and then [4:28:21] everyone approved. [4:28:21] >> So, would it be general government? Is [4:28:23] that the [4:28:25] >> Okay. So, [4:28:26] >> that would be my recommendation. So then [4:28:28] you don't waste the full council. [4:28:29] >> That's a good idea. [4:28:30] >> But one Oh, can I ask a question? So, [4:28:34] and you know, it's great we have four [4:28:36] design people and this is the at large [4:28:38] seat, but if there was a design person [4:28:39] who was interested, is there any reason [4:28:41] we couldn't appoint that person? [4:28:44] >> Um, the makeup, [4:28:46] >> but I see it says at large, but it [4:28:48] doesn't say, you know, [4:28:50] >> Oh, yeah, it does say other residents [4:28:52] from the town may be appointed as [4:28:54] necessary. Um, but it did say the makeup [4:28:58] would be four architects, design [4:29:00] professionals or building designers and [4:29:03] one resident at large. So, it seems like [4:29:06] you do have the discretion to appoint [4:29:09] another design professional if that was [4:29:12] your preference. [4:29:13] >> I was just saying sometimes it's hard to [4:29:15] get design professionals to be on the [4:29:16] ADR and if we have, you know, five and [4:29:19] then one leaves then and then maybe [4:29:22] that's a non a non-design person. I had [4:29:25] to turn down someone with design [4:29:27] experience who wants to be on the ADR [4:29:29] because they are really valuable. [4:29:32] So I guess then we would recruit, [4:29:35] you know, it can be it's an atlarge [4:29:38] position. You don't need design um [4:29:40] background but but design background is acceptable. [4:29:45] Is is that [4:29:45] >> not disqualifying? [4:29:46] >> It's not disqualifying, [4:29:48] >> right? [4:29:48] >> Yeah. [4:29:52] » Okay. Any public comment on this item? [4:29:56] Anybody online, Zach? [4:29:58] >> No one online, mayor. [4:29:59] >> Okay. So, um [4:30:02] I think you have our authorization, [4:30:05] Roberta. [4:30:06] >> Okay. So, we'll post the recruitment and [4:30:09] go from there. Did you um want to [4:30:12] proceed with having ADR [4:30:15] conduct the initial interviews or a [4:30:17] subcommittee? the subcommittee of [4:30:19] Elizabeth and Terry, the general [4:30:21] governance committee, I think that's [4:30:23] what you're called, [4:30:24] >> or the procedures manual committee. [4:30:28] >> Okay. Okay. [4:30:28] >> Okay. [4:30:30] >> Thank you so much. Um, item 19, [4:30:34] >> I think you have to take public comment. [4:30:35] >> I did. [4:30:37] >> Yeah. Um, item 19, there's been a a [4:30:40] request to potentially continue that [4:30:42] item until August. Does anyone object to [4:30:46] that? [4:30:47] Okay. [4:30:48] >> Can I can I have a comment on that [4:30:50] >> on the continuence? [4:30:51] >> Yes. I'd just like to make a comment to [4:30:54] the council because I'm not going to be [4:30:55] here next month. [4:30:56] >> Okay. [4:31:02] So, I I was um a little surprised to see [4:31:05] this um on the agenda and um you know, [4:31:10] having spent 12 years on the council um [4:31:14] you know, it it probably cost me a [4:31:17] couple thousand dollars a year um out of [4:31:20] my pocket and I'm sure that it you know, [4:31:23] at this point you're you're spending [4:31:24] that. But um I did it because I felt it [4:31:29] was a privilege to be able to serve the [4:31:33] town of Ross and you know I had lived [4:31:36] here for 50 years. It was it was really [4:31:39] my way of giving back and I kind of felt [4:31:43] like the founding fathers you know they were in South Carolina or Virginia [4:31:48] and they had to go all the way to [4:31:49] Philadelphia on their own money and stay [4:31:52] in their own hotels. But they did it [4:31:55] because they wanted to build a country. [4:31:59] And the other thing is that you know [4:32:01] when you go out and you're doing a [4:32:03] variance, you're doing this things, you [4:32:04] know, you're doing this out of your time [4:32:07] and your effort and nobody can say to [4:32:10] you, "Oh, well, you're getting paid for [4:32:11] this job. You know, you're making money [4:32:13] on this." [4:32:15] I know the other communities get paid a a stipen, but I've just always felt, [4:32:22] you know, whether it was the Marin [4:32:23] County when we had our mayor and [4:32:25] councilman's meeting, you know, the [4:32:27] other towns would pay for that, but Ross [4:32:30] always paid individual council members [4:32:33] paid to go to those meetings. [4:32:35] >> I just feel that this is a um a [4:32:38] different community than anywhere else [4:32:40] in the whole country. And [4:32:44] I just feel that that it's wrong. The [4:32:47] amount by the time you pay your taxes, [4:32:50] you're not making any money. Why would [4:32:52] you want to Why would you want to do [4:32:54] that? I I think it kind of [4:32:57] cheapens what we do up here. Thank you. [4:33:00] >> Thank you, Charlie. [4:33:07] Any [4:33:12] council correspondence? Sorry, we're [4:33:14] moving to item number 20. No action [4:33:16] items. Any council correspondence? [4:33:19] Um, future council items. We already [4:33:22] discussed amending the ordinances to [4:33:25] allow us to do those options of [4:33:29] building, bidding, etc. Anything else? [4:33:34] Yeah, I wanted to agendaize if everyone [4:33:37] if someone would join me on this Tony [4:33:39] Tutoto's issue this the the letter we [4:33:43] got. I'm cons really concerned that um [4:33:49] that that it might drive the business [4:33:51] out. So, um I don't know what the [4:33:55] usually these things are dealt with with [4:33:57] the town, but if this gets public and [4:34:00] there's I think the public's going to be [4:34:02] very upset. So, I don't know how to [4:34:04] handle that or but I do think there will [4:34:06] need to be a public forum to to to talk [4:34:10] about it. [4:34:13] Um I uh [4:34:14] >> this is um I earlier this evening today [4:34:18] I sent the council just to give them a [4:34:20] heads up about the um code compliance [4:34:23] letter that was sent because of the [4:34:25] violations of the town's code [4:34:30] » process under code enforcement and it [4:34:31] will come to you eventually if it needs [4:34:33] to. So it it's not an administrative [4:34:36] legislative item for a future agenda [4:34:38] item. It wouldn't be appropriate to [4:34:39] follow that process under on itself [4:34:42] >> if it's challenged. Correct. [4:34:45] >> Okay. [4:34:48] >> Anything else? Um, council member [4:34:51] participation at the communication table [4:34:55] on the What's the dates, Christa? August [4:34:58] 13th. [4:34:59] Who Who would like to be at the post [4:35:02] office table? Terry and I did it today. [4:35:04] It was very enjoyable. We did not [4:35:06] receive one complaint. Everyone found a [4:35:09] place to park. Everyone was in a good [4:35:11] mood. It went by really fast. [4:35:15] >> Any takers? [4:35:17] >> Elizabeth, you said yes. [4:35:19] >> Yes. [4:35:20] >> Okay. Anybody else? [4:35:24] >> August 13th. [4:35:28] » It's a Thursday. [4:35:33] » I can try to to do it with Elizabeth. [4:35:37] >> Okay. [4:35:39] great. Thank you. Um 21 meeting [4:35:43] evaluation. [4:35:45] It's really late. [4:35:50] Any comments? [4:35:53] >> I think it was late. [4:35:55] >> Good discussion. [4:35:55] >> It was good. A good discussion, right? [4:35:58] >> Good. Yeah, I agree. All right, we are [4:36:00] adjourned. Thank you.