Agenda
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[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?
[4:00:15]
>> 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.