REGULAR MEETING of the ROSS TOWN COUNCIL THURSDAY, JANUARY9, 2025 Held n-Person and Teleconference via Zoom 1. 6:00 p.m. Commencement. Mayor Bill Kircher, Jr., Mayor Pro Tem Julie McMillan; Council Members Teri Dowling; Elizabeth Robbins; Mathew Salter (absent); Town Manager Christa Johnson; Town Attorney Ben Stock. 2. Posting of agenda/changes to agenda. Town Manager Johnson confirmed the agenda was posted according to government requirements. Town Manager Johnson reported a request to remove Item 8e. SO the General Government Subcommittee may conduct additional review and return to the Council when ready. 3. Open Time for Public Expression. Tom Vilhauer, Ross resident, gave a slideshow presentation on his request for the Town to paint bike sharrows on Shady Lane. He pointed out that many children bike to school and Shady Lane is officially named a bikeway in the Town Bike and Pedestrian Plan, along with Marin County Bicycle Route 20 that also has wayfinding signs. The RMC gives the Council the right to decide how signs and signals work and emphasize the need for sharrows. 4. Mayor's Report. I hope everyone had a great holiday season and is ready for 2025. For many, the New Year is a time of turning the page on the previous year. In Ross we will be, not SO much turning the page, as maintaining our focus on moving ahead with important infrastructure projects, while also attending to the ongoing regular processes of local government. This month the Council has a relatively light calendar, not unusual after the holiday season. We also are beginning with a dry January-not in terms of alcohol, but a welcome break after a very rainy November and December, when Marin County received almost 30 inches of rain. Perhaps "calm before the storm" is too strong a phrase, but it's likely that we'll see quite a bit more rain before our rainy season is over, and things will pick up soon for the Council as well. You may have noticed that the flags outside the Post Office and our Town Hall are flying at half- mast in recognition of the passing of former President Jimmy Carter. Today has been designated as a National Day of Mourning for our former President with all Federal offices closed. Although state and local offices remain open, we do want to pause and reflect on President Carter's legacy and his long record of community service and support for human rights and dignity. Minutes, January 9, 2025 Page 2 of 11 In addition to major changes in government at the national level, a changing of the guard is also underway in Marin County following the November elections. San Anselmo and Fairfax are each welcoming two new Council members. Katie Rice, who has served us well as Supervisor for District 2 since 2011, has retired. The Marin Independent Journal perhaps best summed up her many contributions over the years when it observed that she had been a "strong and thoughtful representative of the Ross Valley community. . She will be missed, but we look forward to working closely with incoming Supervisor Brian Colbert, especially on matters of particular importance to us such as flood control, as well as other regional priorities and challenges. In Ross many of our programs, and particularly capital projects, are budgeted for and organized not on a calendar year but rather around our fiscal year, which runs from July 1 through June 30 ofthe following year. We'll be beginning our planning process for the 2025-2026 fiscal year soon, with some initial discussions at our regular February Council meeting and then continuing at our longer special annual budget workshop in April. Like our regular Council meetings, the budget workshop is open to the public. We welcome your participation in connection with these upcoming meetings and, as always, very much appreciate your input. 5. Presentation by Diane Doodha regarding the Marin County Commission on Aging. Diane Doodha, Marin County Commission on Aging, gave a PowerPoint presentation, spoke of the Commission's membership, standing committees, and ad-hoc committees which represent the needs and interests of Marin County's older adults. The Commission advises the Board of Supervisors and the Commissions constituencies and every four years the County engages in a needs assessment of the entire County's older adult population. The assessment informs goals and objectives of the Department of Health and Human Services, which she described. The number one concern of older adults is financial security and the largest growing group of unhoused people are older adults. She described poverty statistics, food insecurities for older adults, difficulties living within one's income, affordability of housing, older adults caring for older adults, and isolation issues. The Commission's goals for this year are to address financial insecurity and to increase opportunities for social engagement, among others. The Age-Friendly group is presenting two upcoming events--one this Saturday at the Marin Art and Garden Center and the second event on February 13th to celebrate Valentine's Day with a lunch for residents aged 60+. Ms. Doodha concluded her presentation and asked if the Council could review all policies, projects, services, and communications through an age-friendly older adult lens, actively seek out input from older adults, and ensure there are resources available in Ross and Countywide. Mayor Kircher and Council Members thanked Ms. Doodha for her presentation. Mayor Kircher opened the public comment period, and there were no speakers. Minutes, January 9, 2025 Page 3 of 11 6. Council Committee & Liaison Reports. Council Member Robbins reported on the Ross Valley Fire Authority Board meeting. The Council had asked the Board to consider a one-year delay in closure of the Ross Valley Fire Station to give Ross, RVPA, and the Fire Department time to ensure Ross would have adequate emergency medical responders in Town. They have been told by fire staff many times that even if the fire station closed there would be no change in response times by the RVPA ambulance, but this is not the case. The RVPA may not be as stable as thought and could dissolve in the next 5-10 years if their membership changes. More importantly, a recent study showed that an ambulance is not available 85% of the time but closer to 40% of the time. She mentioned this should not be an either/or decision where they upstaff to 3 people per engine or Ross continues to have the same response for emergency medical calls. But, with that background and comments, the Fire Board declined to delay the closure ofthe Ross fire station. Mayor Pro Tem McMillan referred to the destruction and damage of the Southern California fires. She said she had spoken with Mark Brown, Executive Officer ofthe Wildfire Prevention Authority, describing her shock at the scope of the devastation, while Mr. Brown was especially shocked at the lack of preparedness by communities with regard to evacuation, home hardening, vegetation management, and creation of defensible space. She believes Marin and MWFPA are sO far ahead of the curve in terms of preparation and described structures that survived because of wildfire preparedness efforts and creation of defensible space, believing that now, California has a 365-day fire season. 7. Staff & Community Reports. a. Town Manager Town Manager Johnson wished the Town Council and Town residents a Happy New Year and provided the following updates: The annual closure of part of the Ross Common is underway and will be in effect through early March. The closure is necessary to allow the newly seeded areas to grow and stabilize, sO there will be grass in this well-used area for the following ten months. The ADR meeting for February has been moved from 2/18 to 2/25. And finally, beginning next week, Public Works staff will begin painting curbs red within 20 feet of marked and unmarked crosswalks throughout Town in compliance with Assembly Bill 413. Known as the daylighting" law, AB 413 is enforceable as of January 1, 2025 and makes it illegal to park within 20 feet of intersections with sidewalks on both sides, even ift the curb isn't painted red. Minutes, January 9, 2025 Page 4 of 11 Because most of these intersections are already restricted in the downtown area, only one and possibly two parking stalls will be lost in the commercial area. Some residents who live near intersections in Winship Park and on Bolinas Avenue will lose on-street parking spaces, but the vast majority of residents will not be affected by the law. The concept is designed to open up intersections and eliminate blind spots, making it easier for drivers to see pedestrians and other vehicles that may otherwise be hidden. Mayor Kircher opened the public comment period, and there were no speakers. b. Ross Property Owners Association Diane Doodha, RPOA, reported they completed December's membership campaign. The Ross Auxiliary put on an amazing Winter Fest at the Marin Art and Garden Center. The holiday lights on the Common were installed and are still up.s Santa's Mailbox was open at the post office where children could drop a letter and receive a hand-written reply from an elf. Age-Friendly Ross's Challenges of Dementia Breakfast is Saturday at the Marin Art and Garden Center starting at 9:30 a.m. with three excellent speakers. The Ross Valentine Luncheon is free and will be held at 11:30 a.m. until 1:30 p.m., with the Branson School Choir for those aged 60+ and with lovely art by Cedar's residents. The next Live on the Common will be held April 25th. The RPOA assisted with the Sip and Stroll during the holidays. A photo contest is underway and flyers are out on how to participate. RPOA is working to improve landscaping of the Ross Common; and dog poop bag locations are needed and they are looking at additional areas. 8. Consent Agenda The following items will be considered in a single motion, unless removed from the Consent Agenda. Mayor Kircher stated Item 8e. has been removed previously and will be referred back to the Subcommittee. There were no other removal of items or public comments. Mayor Pro Tem McMillan moved and Council Member Dowling seconded, to approve Consent Calendar Items a, b, C, and d. Motion carried unanimously (4-0-1). a. Minutes: Special Meeting Closed Session, December 3, 2024 Minutes: Special Meeting Closed Session, December 12, 2024 Minutes: Regular Meeting, December 12, 2024 Minutes: Special Meeting Closed Session, December 19, 2024 b. Demands for December 2024. C. Town Council to approve Contract Amendment No. 1 with Moe Engineering Inc. in the amount of $20,000 and authorize the Town Manager to execute Contract Amendment No. 1 in the amount of $20,000 for additional scope of work items related to the Natalie Coffin Greene Park Pedestrian Bridge Project. Minutes, January 9, 2025 Page 5 of 11 d. Town Council to authorize the Public Works Director to execute contract change orders with Bauman Landscape and Construction, Inc. in the amount of $95,757.20 for additional and unforeseen construction-related tasks for the Laurel Grove Safe Pathways Phase IIB Project. e. Town Council to approve minor revisions to the Council Procedures Manual for the Town of Ross recommended by the General Government Subcommittee and adopt Resolution No. 2501. (This item continued to a future Council meeting.) End of Consent Agenda. 9. Public Hearings on Planning Projects = Part 1. a. 3 Quail Ridge, Design Review, Demolition Permit, a Hillside Lot Permit and Town Council adoption of Resolution No. 2446 approving the project, subject to conditions. Todd and Diane Blake, 3 Quail Ridge, A.P. No. 074-291-16, Zoning: R-1: B-5A, General Plan: VL (Very Low Density), Flood Zone: X (Moderate to Low Risk). Project Summary: The applicant requests approval from the Town Council for Design Review, Demolition Permit and Hillside Lot Permit. The project proposes several improvements and additions to an existing 2,564-square-foot single-family residence. The proposed additions total 536 square feet and include a new laundry room, two bedrooms, a breakfast room, a powder room, and a primary bathroom. Exterior upgrades include replacing the existing board lap siding with painted cement boards in a shiplap pattern and adding finished plaster at the base of the home. The project also proposes replacing the existing decks and railings with new coated aluminum guardrails and clear glass railings. Site improvements include the construction of new site walls, walkways, and a spa, as well as the rehabilitation of the front yard landscaping. The driveway will be enlarged as part of the project, with a portion to be pervious. Exterior lighting fixtures will be updated to be downward facing and shielded. Assistant Planner Lopez-Vega gave the staff report and overview of the request for Council consideration for Design Review, Demolition Permit and Hillside Lot Permit at 3 Quail Ridge. On December 17, 2024, the ADR members supported the project and noted it will be a huge improvement to the neighborhood. Staff recommends the Council adopt Resolution No. 2446 approving the project, subject to conditions. Mayor Kircher opened the public hearing and asked for the applicant's presentation and any public comments. Jessica Fairchild, Architect, reserved her time for questions as needed and thanked the Council for their review ofthe project. Mayor Kircher closed the public hearing and asked for discussion or a motion. Minutes, January 9, 2025 Page 6 of 11 Council Member Robbins moved and Council Member Dowling seconded, to adopt Resolution No. 2446 approving 3 Quail Ridge Design Review, Demolition Permit, and Hillside Lot Permit, with conditions. Motion carried unanimously (4-0-1). b. Marin Art and Garden Center, Design Review, Demolition Permit and Town Council consideration of Resolution No. 2444. Jessica Fairchild on behalf of Marin Art and Garden Center, 30 Sir Francis Drake Blvd, A.P. No. 073-231-23, Zoning: C-C (Community Cultural), General Plan: RC (Limited Specialized Recreationa/Cutural, Flood Zone: AE (Special Flood Hazard Area) and X (Moderate to Low Risk) Project Summary: The applicant requests approval from the Town Council for Design Review and Demolition Permit related, but not limited to, renovation of the Livermore Pavillion, replacement of celebration platform, replacement of storage structures, 7-ft high-site fencing, site work within twenty-five feet of a creek, renovation of landscaped areas, decks, planting, paving, lighting and pathways over 2,500 square feet. Planning Director Feliciano gave the staff report and overview of consideration for Design Review, Demolition Permit and Council consideration of Resolution No. 2444 at the Marin Art and Garden Center. Staff recommends the Council hold a public hearing and adopt Resolution No. 2444 approving the project, subject to conditions. She then described specific improvements involving the request. During the October 17, 2024 ADR meeting, members expressed support for the project. There were some recommendations for the master sign program which will return in the future. Tonight, the applicant/architect Jessica Fairchild is present, as well as Iris Lax, Executive Director of the Center. Mayor Kircher opened the public hearing and called upon the applicant, and thereafter public comments, of which there were none. Jessica Fairchild, Architect, reserved the time for questions and thanked the Council for reviewing the project. Mayor Kircher closed the public hearing and asked for questions or a motion. Mayor Pro Tem McMillan moved and Council Member Dowling seconded, to adopt Resolution No. 2444 approving Design Review and a Demolition Permit for the Marin Art and Garden Center at 30 Sir Francis Drake Boulevard, with conditions. Motion carried unanimously (4-0-1). End of Public Hearings on Planning Projects - Part 1. Minutes, January 9, 2025 Page 7 of 11 Administrative Agenda. 10. Town Council to adopt Resolution No. 2502 amending the Town's Salary Schedule to add a Senior Accountant classification effective February 1, 2025; adding a full-time Senior Accountant position to the number of authorized positions in the Administration Department; and authorizing the Town Manager to initiate a recruitment to fill the position. Town Manager Johnson gave the staff report, stating the item before the Council is a recommendation to adopt Resolution No. 2502 amending the Town's Salary Schedule to add a Senior Accountant classification effective February 1, 2025; adding a full-time Senior Accountant position to the number of authorized positions in the Administration Department; and authorizing the Town Manager to initiate recruitment to fill the position. For many years, the Town of Ross has engaged the services of a consultant to serve as the Town's accountant with additional duties that fall under the job description of Senior Accountant. Ms. Elizabeth Ford has fulfilled these roles for approximately forty years and now wishes to retire. It is necessary to find a replacement for Ms. Ford to perform these essential functions. Ms. Ford with her keen eye for detail, noticed that my staff report included the statement that she is a CPA which is not correct. Ms. Ford was a CPA for many years; however, she chose not to renew her license a few years ago. This is noted in her professional services agreement, and Town Manager. Johnson apologized for this mistake. Staff explored the option of continuing to pay a consultant to perform the accountant duties; however, no suitable replacements (accounting firms nor sole practitioners) were identified that have the required governmental accounting expertise and enough capacity to handle the Town's workload. Staff reviewed the organizational structure of the finance and accounting functions in other smaller-sized Marin County cities and found that every city devotes significantly greater amounts of staffing resources to these functions. The staff report for this item provides five examples of this. Town Manager Johnson said her opinion is that the Town has been able to perform these functions adequately with far fewer staff than other cities because of the expertise and work ethic of its former and current employees and especially its long-time accounting consultant, Elizabeth Ford. In recent years, the workload has increased due to new state and federal laws; community and Council expectations for enhanced communication and increased service levels; an increased emphasis on technology and cyber security, and increased HR/risk management related issues. In order to adequately operate the Town of Ross organization, additional staffing resources must be considered. Minutes, January 9, 2025 Page 8 of 11 A full-time Senior Accountant position will focus on the finance/accounting functions currently performed by Ms. Ford and will assume some of the transactional functions that the Town Clerk currently performs, such as payroll and accounts payable. This will allow the Town Clerk to focus on her other duties which include a greater emphasis on communication, information technology, human resources and responding to a marked increase in public records requests. More specifically, a definition ofthe Senior Accountant position and a salary range is included in the staff report for this item. The cost to fund a full-time Senior Accountant position is approximately $150,000 to $174,000 annually. These costs include salary and benefits. A portion of this cost will be expended in the current fiscal year depending on the success of the recruitment to fill the position. The current FYE25 budget will absorb the additional costs. No additional appropriation is required for the current FYE25. The Town's budget for FYE26 will be increased to reflect the annual cost of the position. The FYE 25 budget includes $77,625 for accountant consulting services. It is expected that this funding will be needed to compensate the incumbent for her time through the end of the fiscal year to train the new employee. In future years, funding for the consultant accountant will be transferred to the new position thereby defraying the costs for the Senior Accountant position. Funding will also be transferred from the "Temporary part-time wages" line item in the General Government section of the Town's budget to cover most of the remaining increase in expenses for the new Senior Accountant position. Upon Town Council approval of the new position, staff will initiate the recruitment process to fill the position as soon as possible. Ideally, the position will be filled in time to participate in the preparation of the annual budget and the annual audit processes. Mayor Pro Tem McMillan recognized what a huge benefit having Ms. Ford on staff as a consultant has been not only for the quality of her work but also for the amount of money she saved the Town over 40 years. Council Member Dowling voiced support of a full-time position given the importance of duties. Mayor Kircher agreed and opened the public comment period. There were no speakers. Council Member Robbins agreed Ms. Ford has done an amazing job and voiced support of hiring a new position. Council Member Dowling moved and Mayor Pro Tem McMillan seconded, to adopt Resolution No. 2502 amending the Town's Salary Schedule to add a Senior Accountant classification effective February 1, 2025; adding a full-time Senior Accountant position to the number of authorized positions in the Administration Department; and authorizing the Town Manager to initiate a recruitment to fill the position. Motion carried unanimously (4-0-1). Minutes, January 9, 2025 Page 9 of 11 11. Town Council to authorize the Town Manager to modernize the Town Council Chambers by replacing public seating and tables thereby increasing utilization of the space for community meetings, workshops, and recreational programs. Town Manager Johnson, on behalf of Recreation Manager Maureen Borthwick, gave the staff report and overview of the request to authorize the Town Manager to modernize the Town Council Chambers. She also referred to photographs provided in the staff report showing modernization efforts. Project costs for the upgrades will be $17,000. However, $9,000 of the estimated cost has been pre-approved by Sharp, which is the Town's Workers' Compensation JPA as part of its annual grant program to member agencies for equipment that promotes employee safety. Council Member Dowling questioned if staff wished to keep eight chairs in the Chambers attached to the floor. Town Manager Johnson noted the chairs will be attached on the sides and staff voiced interest in retaining the beauty oft these chairs which the community also love. Staff plans on storing them, given there will be opportunities for the community to provide input. They may also find more members of the community want them; however, if the Council prefers not to keep them, staff can remove them. Mayor Kircher asked if there is room for the chairs noting difficulties in visualizing the plan. Town Manager Johnson agreed and said staff can be flexible while the Town is having the floor redone and new tables and chairs can be put away ifthey find there is not enough room. Mayor Pro Tem McMillan asked if people will be able to sit in the eight chairs if they are on the sides of the room, and Town Manager Johnson said yes, and staff will ensure they are safe. Mayor Pro Tem McMillan asked and confirmed storage of the new tables and chairs will be via a cart that has a cover and stored in the back of the Chambers. Staff will work with the Public Works Director and Building Official, as well as with the Fire Marshal on maximum occupancy limits. Council Member Robbins asked if it is possible to purchase cushions for the remaining wooden chairs sO they are both pretty and comfortable. Town Manager Johnson agreed to look into this. Mayor Pro Tem McMillan suggested four and four instead of eight and eight, given it will still leave the same impression but it would not be sO bulky. Mayor Kircher agreed. Council Member Dowling agreed and was happy that the Council will be able to change its mind, given not everyone may find them aesthetically beautiful. Mayor Kircher opened the public comment period, and there were no speakers. Council Members voiced support of the modernization and thinks it will make a big improvement in the Chambers. Minutes, January 9, 2025 Page 10 of 11 Mayor Pro Tem McMillan lastly commented on the height of the Council dais, which is very high. She wondered if lowering it could be considered in the future. Mayor Kircher agreed and thinks this could be done at a later date. Mayor Pro Tem McMillan moved, and Council Member Robbins seconded, to authorize the Town Manager to modernize the Town Council Chambers by replacing public seating and tables thereby increasing utilization of the space for community meetings, workshops, and recreational programs. Motion carried unanimously (4-0-1). End of Administrative Agenda. There are no Public Hearings on Planning Projects = Part 2. 11. No Action tems: (Mayor) a. Council Correspondence - None. b. Future Council Items - Council Member Robbins remarked about the traffic jams exiting hillsides in Southern California and discussion in the past by the Council to enforce right-of-way and encroachments of private properties. She asked if the Council should begin a campaign to remove everything out of the right-of-way on every street and discuss this. Mayor Pro Tem McMillan stated the Town is currently doing this, which Town Manager Johnson confirmed, stating Chief Pata and Police staff are actively enforcing 12-foot right-of-way areas. Council Member Robbins remarked about landscaping and overgrown shrubs in fronts of homes. Mayor Kircher said Sir Francis Drake is a narrower issue and it seems the main thoroughfares were the main problem in Southern California. People were abandoning cars and bulldozers were clearing them. Council Member Robbins suggested an update on what is being done on major roads, narrow hillside roads, and whether it is adequate for evacuation. Town Manager Johnson agreed to provide a Town Manager's Report and commented staff meets once weekly where often times the Fire Department is represented. There are also some cases where homeowners have built into the right-of-way. Council Member Dowling referred to the speaker who spoke about the bikeshare sharrows and Mayor Pro Tem McMillan suggested it be included as part of the strategic planning session in February as part ofthe CIP. Town Manager Johnson said staff will include this at its February 13th meeting when staff will provide a CIP update on projects. Mayor Pro Tem McMillan requested, and Mayor Kircher voiced support for another Closed Session item on the lease negotiations with the RVPA. Minutes, January 9, 2025 Page 11 of 11 12. Adjournment. The meeting adjourned at 7:15 p.m. CALA C. William Kircher, Jr., Mayor ATTEST: DVac! Cyndie Martel, Town flerk