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HomeMy WebLinkAboutTC Digest 2018-06-15 TOWN COUNCIL WEEKLY DIGEST June 11-15, 2018 TIBURON Agenda 1. Agenda -June 21 -Tiburon Design Review Board Regular Meeting 2. Agenst-June 26 -Heritage & Arts Commission Regular Meeting REGIONAL NOTICES & AGENDAS Agenda 1. Agenda -June 14- Richardson's Bay Regional Agency Regular Meeting i TOWN OF TIBURON Regular Meeting Tiburon Town hall Desion Review Board 1505 Tiburon Boulevard June 21, 2018 Tiburon, CA 94920 7:00 PM AGENDA TIBURON DESIGN REVIEW BOARD CALL TO ORDER AND ROLL CALL Chair Emberson, Vice Chair Chong, Boardmembers Cousins; Kim and Kricensky ORAL COMMUNICATIONS Persons wishing to address the Design Review Board on any subject not on the agenda may do so under this portion of the agenda. Please note that the Design Review Board is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration and/or placed on a future Design Review Board agenda. Please limit your comments to no more than three (3) minutes. Any communications regarding an item not on the agenda will not be considered part of the administrative record for that item. STAFF BRIEFING Withdrawn projects PUBLIC HEARINGS 1. 22 CORTF SAN FFRNANDO: File Nos. DR2017138 & VAR2018006; Todd & Erica Chapman, Owners; Site Plan and Architectural Review for construction of a 2,802 square foot addition to single-family dwelling and a 479 square foot pool house/gym with a Variance for excess building height to allow a height of 16 feet for an accessory structure, which is greater than the 15 feet maximum height is permitted in the R-1 zone. Assessor's Parcel No. 038-322-16. [SK] (Continued to July 19, 2018) 2. 24 Juno Road: File Nos. DR2018-058 & VAR2018-015; Jon & Pamela Welner, Owners; Site Plan and Architectural Review and a Variance for fence height in the rear setback (8 feet in lieu of the maximum 6 feet). Assessor's Parcel No. 034-272-13. [SK] 3. 136 Sugarloaf Drive: File Nos. DR2018-053, VAR2018-011, & VAR2018-016;Michael Sillman & Pat Skipper, Owners; Site Plan and Architectural Review and Variances to allow 1) the proposed garage to be located 3 feet, 9.75 inches from the side property line where 15 feet is required (eaves proposed to be 1.5 feet from the property line where 3 feet is required.) and 2) the proposed garage to have a height of 37 feet where 30 feet is allowed. Assessor's Parcel No. 058-311-10. [SK] 4. 131 Taylor: File No DR2018-043; Gregory and Courtney Smith, Owners; Site Plan and Architectural Review for revisions to a previously approved Design Review application Design Review Board Agenda June 21, 2018 Page 1 for construction of additions to an existing single-family dwelling. Assessor's Parcel Number 038-081-20. [JA] ACTION ITEMS 5. JULY 5, 2018 MEETING: Meeting canceled. 6. JULY 19, 2018 MEETING: Election of a new chair. 7. MINUTES: Consider adoption of minutes of meeting of May 17, 2018 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Division at(415)435-7390. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of Design Review Board Agendas, Staff Reports, project files and other supporting data are available for viewing and inspection at Town Hall during business hours. Agendas and Staff Reports are also available at the Belvedere-Tiburon Public Library and on the Town of Tiburon website (www.townoftiburon.ortr)no later than 5:00 PM on the Friday prior to the regularly scheduled meeting. Any documents produced by the Town and distributed to a majority of the Design Review Board regarding any item on this agenda, including agenda-related documents produced by the Town after distribution of the agenda packet at least 72 hours in advance of the Board meeting, will be available for public inspection at Town Hall, 1505 Tiburon Boulevard,Tiburon, CA 94920. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please deliver or cause to be delivered a written request (including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service) at least five (5) days before the meeting to the Planning Division at the above address. PUBLIC HEARING ITEMS AND ACTION ITEMS Public Hearing items and Action Items provide the general public and interested parties an opportunity to speak regarding items that typically involve an action or decision made by the Board. If you challenge any decision in court, you may be limited to raising only those issues you or someone else raised at the meeting, or in written correspondence delivered to the Board at, or prior to, the meeting. GENERAL PROCEDURE ON ITEMS AND TIME LIMIT GUIDELINES FOR SPEAKERS The Design Review Board's general procedure on items and time limit guidelines for speakers are: Staff Update on Item(if any) Applicant Presentation—5 to 20 minutes o Design Review Board questions of staff and/or applicant Public Testimony (depending on the number of speakers) — 3 minutes for each speaker; members of the audience may not allocate their testimony time to other speakers Applicant may respond to public comments—5 minutes Design Review Board Agenda June 21,2018 Page 2 T I B U R O N H E R I T A C E & A R T S TOWN OF TIBURON COMMISSION Tiburon Town Hall Heritage&Arts Commission 1505 Tiburon Boulevard June 26, 2018 Tiburon, CA 94920 6:30 p.m. HERITAGE & ARTS COMMISSION JUNE 26, 2018 TENTATIVE AGENDA CALL TO ORDER AND ROLL CALL Commission members;Fong, Mujica-Beavers, Norris,Noguez,Hall ORAL COMMUNICATIONS Persons wishing to address the Heritage and Arts Commission on subjects not on the agenda may do so at this time. Please note however,that the Commission is not able to undertake extended discussion or action on items not on the agenda. Please limit your comments to three (3)minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Commission unless a request is made by a member of the Commission,public or staff to remove an item for separate discussion and consideration. 1. Minutes—Approve and adopt: February,April&May Meetings 2. Treasurers Report— (Town Liaison to HSA, Patti Pickett) ARTIST RECRUITMENT—NEW ARTIST EXHIBITION/RLCEPTION 1. Lobby Artist :Alexandra Louie—new artist showing July/August 2. 2019 Artist : Consider Mike Macgruder (current Lobby artist) request for 2019 Community Room assignment—May/June ACTION ITEMS 1. Artist Laureate— Welcome to the new Artist Laureate,Richard Rozen. Artist Laureate background information and orientation. 2. Youth Art Program— C. Noguez presents update on project. 3. Walking Guide,Postcard and Logo: Update on project. 4. H&A Commission Evaluation Report — Report due to Town Council. Review and approve report prepared by Staff Liaison Pickett. 5- Confirm next meeting date:July 24 ADJOURNMENT RICHARDSON'S FAY REGIONAL AGENCY Board of Directors Meeting Thursday, June 14, 2018 5:30 P.M. to 7:30 P.M. Tiburon Town Hall 1505 Tiburon Boulevard, Tiburon The Richardson's Bay Regional Agency Board of Directors encourages a respectful dialogue that supports freedom of speech and values diversity of opinion. The Board, staff and the public are expected to be polite and courteous, and refrain from questioning the character or motives of others. Please help create an atmosphere of respect by not booing, whistling or clapping; by adhering to speaking time limits; and by silencing your cellphone. PUBLIC COMMENT IS INVITED CONCERNING EACHAGENDIZED ITEM PURSUANT TO THE BROWNACT. PLEASE LIMIT YOUR COMMENTS TO THREE(3)MINUTES. AGENDA 5:30 P.M. CALL TO ORDER- ROLL CALL L Approval of minutes, May 10, 2018 2. Information item: Community Outreach Subcommittee report and presentation regarding Community Efforts 3. Resolution No. 06-18 approving and recommending an amendment to the Richardson's Bay Regional Agency Joint Powers Agreement, as a follow-up to Sausalito's withdrawal. Staff recommendation: Approve and recommend adoption by the city councils of Belvedere, Mill Valley and Tiburon, and the Marin County Board of Supervisors. 4. Next steps in pursuing the Board's direction from its April meeting. Staff recommendation: Engage in discussion regarding ideas for: a) seaworthy criteria and other vessel requirements; b) factors for a planning study on placement of moorings; c) other requirements and opportunities. 5. Open time for public expression. Members of the public are welcome to address the Board for up to three minutes per speaker on matters not on the agenda. Under the state Brown Act, Board members may not deliberate or take action on items not on the agenda, and generally only may listen. 6. Comments: a) Staff; b) Board Members 7. Adjourn. NEXT MEETING: July 12,2018 A COMPLETE AGENDA PACKET IS AVAILABLE FOR VIEWING AT THE SAUSALITO CITY LIBRARY AND ON THE RBRA WEBSITE htW.11rbra.ca.pov„ WHERE WRITTEN COMMENTS MAY BE SUBMITTED. TO RECEIVE AN ELECTRONIC MEETING NOTICE,PLEASE EMAIL REQUEST TO DON ALLEE AT daiie!2 a&Aarincounty.orp Marin County Community Development Agency,3501 Civic Center Dr.Room 308,San Rafael,CA 94903 510-812-6284 bethapollard@gmaiL.com RICHARDSON'S BAY REGIONAL AGENCY DRAFT MINUTES OF MAY 10, 2018 HELD AT TIBURON TOWN HALL CHAMBERS MEMBERS PRESENT: Marry Winter, Chair(Belvedere); Kathrin Sears (Marin County); Jim Wickham(Mill Valley); Jim Fraser (Tiburon) ABSENT: None STAFF: Beth Pollard, (Executive Director); Bill Price (Harbor Administrator) ADDITIONAL: None Meeting called to order at 5:30 PM. Minutes of April 5, 2018 Board of Directors meeting Draft minutes were approved unanimously. Report on water quality testing conducted during winter 2018 Mr. Price reviewed the test reports included in the package, pointing out the spikes that happened during the single rain event in the test locations adjacent to storm drains. He was going to forward the results to Sausalito so they could review the records and then follow up to see if they would consider paying for a portion of the test costs. Rebecca Schwartz-Lesburg of the California Audubon Society said that biannual testing didn't tell us much, especially regarding illegal discharge. She asked for a map of test locations and DNA testing for coliform origins. Sarah Bice suggested coordinating with the Romberg Center in Tiburon to get better testing protocols and accuracy. She was concerned that the RBRA wasn't paying enough attention to water quality. Mr. Price responded, explaining that Regional Water Quality Control Board personnel accompanied him on tests and took their own samples for fecal coliform. He said the sites were located in the marinas on Sausalito and county shoreline, with one open water site. He also said that the County Environmental Health Department tested at Schoonmaker Beach weekly from April to October. Chair Winter asked about the amount of water exchanged daily in the tidal cycles of the bay, and no one had a firm answer. Mr. Price explained EH Department protocol once a spike is detected, which is to post the beach as closed until a follow-up test occurs the following week. He said we are the only agency in the Bay Area conducting regular water testing, and he said that DNA testing is prohibitively expensive. 1 Presentation regarding Community Efforts Alden Bevington went over the community efforts of the Richardson's Bay Special Anchorage Association(RBSAA) to create a safer anchorage, highlighting safety checks and the burgee system of identifying vessels in compliance with their guidelines. He said,that there had been outreach to a vessel owner who was continually collecting more boats. He was concerned that Schoonmaker Marina was considering closing their shoreside access point for anchor-outs, which would reduce landing areas by 33%, and he had meetings scheduled with the harbormaster there. He stated that there were 180 boats in their latest count, with 23 vessels on the RBRA_pi�rnp-out schedule. Greg Baker reported that a 30' boat had sunk, and that he was going to pass out bright orange garbage bags for pick-up by RBRA in an ongoing, as-needed basis. Barbara Salzman of the Marin Audubon Society was concerned that new boats were not being addressed by the RBRA. Member Sears asked what efforts were being made to get people to sign up to the pump-out program, and Mr. Price responded that a working holding tank system was required to begin the process. He said that there was a stockpile of new porta-potties that were always available as ---- --- well—Doug-Storms-added that the RBSS-A guidelines required pump-out,and-he-had-50-vessels - —— listed that disposed of waste properly through a variety of methods. Mike McKinley stated that the Sausalito PD is continuing to map vessels with their survey once a month and Deputy Dan White said that the sheriff's department was actively tracking new vessels. Doug Storms said that the mariners were the biggest problem but also the biggest potential solution. He said there was a struggle with the number of boats per owner within their organization. Court Mast wanted to look for solutions in Other areas with similar anchorages that already had moorings. Sarah Bice stated that the health and water quality issues were more important than the mariners and derelict boats. Fiscal year 2018-19 Budget discussion and consideration of Resolution 05-18 adopting said budget Executive Director Pollard presented her staff report, outlining the projected annual revenues, the Board's action on a direction to modify requirements and conditions on the bay, the reliance on member agency contributions, and Division of Boating grant funding opportunities. With contemplation of the costs of the Board's new direction(legal environmental, planning, enforcement, etc.), it was determined that the budget would require at least an additional 10% contribution by member agencies for the upcoming fiscal year, with another 3% needed for cost of living and another 7%needed because lack of use reserves/carryover funds as was the case in last year's budget. 2 Member Wickham asked if RBRA could establish a non-profit arm to receive donations to help various efforts. Chair Winter pointed out that the fiscal plan would address and abate the low- hanging fruit and abandoned derelict vessels. Sarah Bice felt the testing budget should be increased by $l OK. Alden Bevington said his group had a 501(c)3 designation, and as Marin's most economically disadvantaged community, funds could be funneled to people who live on the water and work toward improving the bay. Barbara Salzman and Rebecca Schwartz-Lesburg both asked for more focused enforcement resources. Member Wickham stated that the budget process was a starting point and that it could be adjusted as needed during the year. He recognized that the RBRA was not an enforcement agency,but that we could adjust our budget to supplement increased overtime with the sheriff as an example. Member- Sears commended the Board for the increase which showed collaboration and was emblematic of a new-found cooperation. Chair Winter described this as a framework for the coming year, subject to change as needed. He said as the plan gels, we can reach out to the state for funding, and he welcomed Audubon to participate. Member Fraser commented that it was a great job so far. Resolution 05-18, approving the RBRA budget for 2018/19, was approve unanimously. Public Comments not on agenda Stacy Gregory, of Sausalito PD read a letter from the Sausalito City Council opposing moving forward with any mooring plan, and inviting the Chair and Executive Director to the next City Council meeting and to the Waterfront Working Group meeting as well to give a report on the RBRA's intentions. Mike McKinley stated that there a State bill had been introduced that would address the disposal of derelict commercial vessels. Both Ms. Salzman and Ms. Schwartz—Lesburg offered to write letters of support. Ms. Pollard noted that the legislation was limited to the Delta and did not get out of committee. Staff Comments Harbor Administrator Price advised the Board that a long-time volunteer for the RBRA, Tim Fleshman, had passed away recently and he gave a briefing on his tireless contributions over the past 13 years. Board Member Matters None The meeting was adjourned at 6:50 PM. 3 RICHARDSON'S BAY REGIONAL AGENCY STAFF REPORT For the meeting of: June 14, 2018 To: RBRA Board of Directors From: Beth Pollard, Executive Director Subject: Amendment to the joint Powers Agreement in follow-up to the withdrawal of the City of Sausalito STAFF RECOMMENDATION: That the Board approve Resolution No. 06-18 recommending the governing bodies of the member agencies amend the Richardson's Bay Regional Agency Joint Powers Agreement (JPA). BACKGROUND: The current version of the JPA was entered into by and between the County of Marin, and the cities of Belvedere, Mill Valley, Sausalito and Tiburon in October of 2000. The City of Sausalito withdrew from the Richardson's Bay Regional Agency as of July 1, 2017. The matter before the Board is revising the JPA to reflect Sausalito's departure. DISCUSSION: The jPA amendment before the Board contains the following changes.- Removes hanges:Removes reference to Sausalito from the agreement. The JPA now will reference only four agencies: County of Marin, City of Belvedere, City of Mill Valley, and Town of Tiburon. • Revises the member contribution ratios so that each member agency absorbs a share of Sausalito's former contribution; the ratios in the amendment match the ratios upon which the Board acted upon in approving the 2017-18 budget last year and the 2018-19 budget this year. • Allows the return of a departed member agency,with Board approval. The only departed agency at this time is Sausalito; while there has not been an interest expressed in returning, the revised JPA allows for such consideration should there be an interest in the future. • Modifies the voting on fiscal matters to allow for increases in member contributions up to 1S%with a simple majority vote of the Board of Directors, between 1S percent and 30 percent with a 2/3 supermajority vote, and more than 30% with a unanimous vote, and resolution approval of member agencies. The current language essentially requires unanimous approval on even minor increases that might be supported by all but one Board member; the modification is intended to allow the agency to pursue initiatives with a level of agreement commensurate with the extent of fiscal impart. Next Steps: With an affirmative vote of the RBRA Board of Directors for the JPA amendments, staff will forward the document to the member agencies with a recommendation that each agency's governing body (i.e. Town/City Councils and Board of Supervisors) approve and execute accordingly. Attach Draft Resolution No. 06-13 with draft amendments to IPA -- Cur-r-entjP-A—fr-om-October-2000 -___-__ _- _ - _--- ------ -----__ - -_-- RICHARDSON'S BAY REGIONAL AGENCY RESOLUTION NUMBER 06-18 OF THE RICHARDSON'S BAY REGIONAL AGENCY RECOMMENDING APPROVAL OF AN AMENDMENT TO THE JOINT POWERS AGREEEMENT ESTABALISHING THE RICHARDSON'S BAY REGIONAL AGENCY WHEREAS, ON October 5, 2000, a Joint Exercise of Powers Agreement(JPA) was made and entered into by and between the County of Marin and the cities of Belvedere, Mill Valley, Sausalito, and Tiburon; and WHEREAS, the JPA contains provisions allowing for the withdrawal of a member agency of the JPA, which that the City of Sausalito exercised effective July 1, 2017; and WHEREAS, the remaining member agencies wish to update the JPA to reflect the departure of the City of Sausalito, set member agency funding ratios, establish protocols for reinstatement of a departed agency, and identify Board voting thresholds for increases in agency revenue; and WHEREAS, the Board considered an amendment to the JPA incorporating the above changes at its regular meeting of June 14, 2018, NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Richardson's Bay Regional Agency approve the amendments to the JPA and recommend that the governing body of each member agency approve and execute the JPA amendment. PASSED AND ADOPTED by the Board of Directors of the Richardson's Bay Regional Agency on June 14, 2018. CERTIFICATION: Marty Winter - Board Chair Beth Pollard—Exec. Dir. RICHARDSON BAY FIRST AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT THIS AMENDMENT, made and entered into this_day of , 2018, by and between the COUNTY OF MARIN, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and the CITIES OF BELVEDERE, MILL VALLEY, and TIBURON, municipal corporations of the State of California, hereinafter referred to as "CITIES". WITNESSETH WHEREAS, COUNTY and CITIES entered into a Joint Exercise of Powers Agreement ("Agreement") dated for the mutual exercise of certain functions within the waters of Richardson Bay would be beneficial to all parties; WHEREAS, on July 1, 2017, the City of Sausalito withdrew from the Agreement; and WHEREAS, the parties seek to make amendments to the Agreement to clarify the Agreement terms and to update the COUNTY and CITIES contributions due to Sausalito's withdrawal. NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties hereto do hereby amend the Agreement as follows: 1. Paragraph 2 of the Agreement is hereby amended and restated in its entirety and shall hereafter be and read as follows: The governing body of the Agency shall be constituted of four (4) members, one to be selected by the Board of Supervisors with respect to the COUNTY representative, and one to be selected by each City Council with respect to the representative of each of the CITIES. Such member appointed shall be a member of the Board of Supervisors or City Council and shall serve at the pleasure of such governmental body. The governing body shall elect from its own members a Chairman and Vice Chairman whose terms of office shall be two years. The Chairman and Vice Chairman may not be reelected to a second consecutive term in the same office. An alternate may be appointed by each member jurisdiction and such alternate may act for the member jurisdiction in the absence of the regular member of the governing body. 2. Paragraph 3 of the Agreement is hereby amended and restated in its entirety and shall hereafter be and read as follows: The members shall each have one vote in all matters brought before the Agency provided, however, that on any matter affecting any member CITY or COUNTY's jurisdiction solely to be taken in that jurisdiction a no vote from the member of the affected CITY or COUNTY shall prohibit the Agency from taking the proposed action within the affected jurisdiction's boundaries. The no vote provided for in the precedent sentence may be cast by a member within thirty (30) days of notice of the proposed action. in the event a no vote is not cast in such period it shall be deemed waived. 3. Paragraph 7 of the Agreement is hereby amended and restated in its entirety and shall hereafter be and read as follows: On or before May 1 of each calendar year the Agency shall establish the amount of money necessary to support its activities for the next succeeding fiscal year commencing July 1 of that year provided. The parties shall contribute to the Agency among the parties hereto as follows: Agency Percentage Share County 65.4 Tiburon 15.4 Mill Valley 7.7 Belvedere 11.5 increases in agency revenue in keeping with the cost distribution formula shall require the following procedure:_ a. An increase of up to fifteen (15) percent in the agency revenue from the prior fiscal year shall require a simple majority vote of the Agency. b. An increase of greater than fifteen (15) percent but less than thirty i-An) pPrrent in the agency revenue from the prior fiscal year shall require a 2/3 vote of the Agency. c. An increase of (30) percent or greater in agency revenue from the prior fiscal year shall require a unanimous vote of the Agency, and a resolution by the governing boards of all member jurisdictions. 4. Paragraph 24 of the Agreement is hereby amended and restated in its entirety and shall hereafter be and read as follows: COUNTY or a CITY may withdraw from Agency, which withdrawal shall have the effect of requiring a renegotiation of this Agreement, dissolution of the Agency or a resolution by the member agencies remaining to provide for the new cost distribution formula. Any member wishing to withdraw may do so only on July 1 of any such year, and shall provide the Agency with at least 180 days' notice in writing of its withdrawal. Any prior member may seek to rejoin the Agency by noticing such intent to the Agency in writing and shall be voted on by the Agency board. If the Agency board votes to permit the prior member to rejoin during the fiscal year, the budget for the fiscal year shall remain the same but shall require a resolution by the member agencies to provide for the new cost distribution formula. Such cost distribution formula shall be consistent with prior percentage shares of the member agencies. Upon dissolution of Agency funds and property shall be distributed as follows: a. discharge of any liability shown on the books of the Agency; b. any remaining assets to be divided according to the amount of contribution by COUNTY and CITIES. The distribution of assets may be made in kind or assets may be sold and proceeds thereof distributed to COUNTY or CITIES, provided, however, that all facilities and rights assigned or transferred by COUNTY or CITIES to Agency shall be reconveyed to said COUNTY or CITY free and clear of all encumbrances and liens of any kind not in existence at the time of conveyance to Agency. Upon dissolution of Agency the responsibility of COUNTY or CITIES to contribute to the discharge of enforceable liabilities incurred by Agency shall be limited to the portion that the contribution made by the COUNTY or CITIES bears to the total contributions made to agency from the effective date of this Agreement to the date of dissolution. 5. This Amendment shall become effective when representatives of all of the parties have executed it and shall continue in full force and effect until terminated by an agreement executed by all parties. 6. Except as expressly modified by this Amendment, all other terms and conditions of the Agreement not specifically modified, amended or superseded herein remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first above written. COUNTY OF MARIN DATE: BY: CITY OF BELVEDERE DATE: BY: TOWN OF TIBURON DATE: BY: CITY OF MILL VALLEY DATE: BY: RICHARDSON BAY JOINT EXERCISE OF POWERS AGREEMENT THIS AGREEMENT, made and entered into this 5 'day of octobr2000, by and betwean the COUNTY OF MARtN, a political subdivision of the State of California; hereinafter referred to as "COUNTY", and the CITIES OF BELVEDERE, MILL VALLEY, SAUSALITO and TIBURO.N, municipal corporatio"ns'of the State of California, hereinafter referred to'as`CITIES". WITNESSETH: WHEREAS, COUNTY and CITIES have jointly prepared and adopted the Richardson Bay Special Area plan (with minor modifications -as it applies 6 Sausalito) Which sets forth policies and recommendations for the waters of Richardson Bay, portions of which fall within the jurisdictions of -each of the CITIES OMAN COUNTY; and WHEREAS; °COUNTY.and CITIES believe that the 'mutual exercise of certain functions r+vithin the waters of Richardson Bay would be beneficial to all paries; and WHEREAS, COUNTY and CITIES are public entities of the State'of Califamita authorized under California. law to provide police, fire and other gpvemmental services to the inhabitants and property owners located Upon and along ' Richardson Bay, as more particularly depicted on Exhibit"A", attached hereto and by this reference incorporated herein; and WHEREAS, Chapters of Division 7 of Title 1-of the California Government Code (commencing with Section 6500) authorizes agreements for the provision of services to:the residents and property owners upon and along the area depicted on Exhibit"A" so as to maximize cost savings and to coordinate the efforts on this valuable resource; i NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained,the parties hereto do hereby agree as follows: 1. There ishereby created a public agency to be known as the Richardson.Bay Regional Agency as; a separate -legal entity formed pursuant to the provisions, of Article 1, Chapter 5, Division 7, Title 1 of the California Government--Code relating-4o:the joint exercise of powers common--to-public agencies, and for the purposes of this Agreement Agency is a public entity separate from the parties hereto. 2. The,govem.ing body of the Agency shall be constituted of five (5) members;: one to be,selected by the Board of Supervisors with respect to the COUNTY representative,.and, ne to be selected by each City.Council with respect to. the representatjye ofg dh of the CITIES. Suw, member appointed-shall be a member of the Board of Supervisors or City Council and shall serve.at the. pleasure of such governmental body. The governing body shall elect from its o ^',,Members a Chairman and Vice Chairman whose terms of office shalt: be two years. The Chairman and Vice Chairman may not be reelected to a. second consecutive term in the same office. An alternate may appointed by each member jurisdiction and such alternate may act for the member jurisdiction in the absence_of the regular member of thegoveming body. 3. The members shall each have one vote in all matters brought before the Agency provided, however, that on any matter affecting any,member CITY or COUNTY a no vote from the member of the affected CITY or COUNTY shall prohibit the Agency from taking the proposed action within the affected jurisdiction's boundaries. The no vote provided for in the precedent sentence may be cast by a member within thirty (30) days of notice of the proposed,action. In the event a no vote is not cast in such.period it shall be deemed waived. 4. A majority of-:the members of the governing body constitute a quorum for the transaction of business. No act of the governing body shall be valid or binding unless a majority'of all the members concur therein. 5. The Agency shall not have any powers over any uses, zoning or subdivisions qn any area within the boundaries of its member jurisdictions. 6. The governing body shall maintain and implement those provisions of the Special Area Plan (which consists of a diagram or diagrams and text containing a description of the needs and goals of the region and statement of policies and goals for the Richardson Bay area) relative to: a. Mooring, dredging and navigational channel implementation including but not limited to the establishment and enforcement of permitted anchorage zones, navigational channels and fairways plans and similar activities. b. Public services and facilities which by the nature of their function, size, extent and other characteristics are necessary or appropriate for inclusion`in the Special Area Plan. Such facilities and services may include, but.are not'limited to, water based police and fire protection,; sewage- pump-out facilities for vessels, enforcement of a vessel Sewage no discharge area when given authority by the Environmerital Protection Agencyt and public docks or moorings_ 7. 'On or before May 1 of each calendar year the Agency shall establish the amount of money necessary to support its activities for the next succeeding fiscal year commencing July 1 of that year provided, however, that the opportunity to exercise a "no" vote contained in Section 3 hereof shall be given each member prior to May 1. The parties shall contribute to the Agency among the parties hereto as follows: Agent Percentage Share County 42.5% Sausalito :35%0 TINron 10% 'Mill Valley 5%_ Belvedbre T5% Increases in agency revenue in keeping with the cost distribution, formula may be changed by a resolution of the governing board, of all member jurisdictions. (Per amendment adopted 1997 by all parties;;) , 8. Clears-up of pre-existing conditions in the Bay shall- be the responsibility of the individual jurisdictions. This includes costs of legal action taken by the individual members. Coordination of this clean-up activity is essential to the success of this Agreement. 9. Following establishment and funding of the Agency, Agency shall have power#o enforce such regulafions to accomplish the provisions of paragraph 6 of this .AarPernent -as It may ac not frnm fimP to time, C:nStC of SII(:h enforcement shal[-bre borne by the Agency including necessary legal costs. The,RBRA Harbor:Administer is designated to enforce agency ordinances and regulations including the issuance of citations for infractions in violation of RBRA Ordinances which include but are not limited to the violations listed in " .xhibi# CAr attached hereto: and by this reference incorporated herein. (Amendment adopted 1999 by all parties). 4 t 10. The Agency• shall have the :power to issue citations and perform other enforcement actions in the name of the Agency. 11. The Agency,shall,fix and collect reasonable fees for services rendered by it from persons other than its member jurisdictions. 12. The Agency•shall be strictly accountable-to any party for all funds paid by them to the Agency and sha!# be ;strictly accountable to all participating bodies for all receipnd;disbursements. 13. The Agency is.authorized to receive gifts, donations, subventions, grants or other financial aids:or funds 1.4. The Agency may not obligate itself beyond the monies: due under this Agreement for its support from the several parties for the current fiscal year, plus any monies on,hand or irrevocably pledged to its support from other sources. No obligation ;contracted :by the.Agency shall bind CITIES or COUNTY, 15. Agency shall have the power to deliver or contract with any member hereof, or any governmental entity located within the area depicted in Exhibit "A", for the provision of-police protection services. 17. This,Agreement shall become effective when representatives of all of the parties have executed it.and shall continue in full force and effect until terminated by an agreement executed by all parties. This Agreement supersedes the Richardson Bay Joint Exercise of Powers Agreement dated July 16, 1985, under which the member agencies have been acting until the execution of this Agreement. The member agencies hereby ratify the prior acts of the Richardson Bay Regional Agency. S 16. Agency is hereby authariz"ed in its awn name to 'do all acts necessary for the exercise of the powers described'in PC raotaphs 6, 15 and 16, including but not limited, to any of the following; to make and enter into contracts; to apply for and accept grants, 6dw1hOes and "contribution$; to employ agents and , employees',to sue and be sued in ifs own name; to incur debts, liabilities or obligations; to issue bonds, execute warrants and other evidence of indebtedness;-to financecosts and-ex expenses incidental aIo the . projects o Agency; and, to exercise jointly the common powers of the parties set forth above. Agency shall have the power 6 1 f-eminent domain but not'the power to levy ad valorem property taxes. 19. Agency shall appoint a Treasurer from among the senior management staff of any of the member parties provide'd that the Member agency is amenable to the same.' The Treasurer sh I al be oftti6r the AuditoriCohtroller or TreasurerI of the COUNTY or the Treasut6r:or Finance Director-of one of the shall WN th' d itory and have custody of CITIES. The Treasurer 1- serve as e:.,epos such book- d-- funds; and t, a be 6d by reasonable sirecor-,pi�wn-s'- accounts smay, required accounting practice, Government Code S6ctio-h 6505, or by another governmental agency. (Amendment to original JPA, approved by all parties in 1992.) 90 RAmdnr mnAfinnc of fha nnvcimirin knnrri rif the.Arvcrw-v choll.ha h=lei of eitr-h times and places as shall be established by it by resolution. All such meetings, including'regular,-;6djbumod-,,or special meetings, shall be called, noticed and held and conducted in accordance with the provisions of the Ralph W Brown` Act, Sections :54950 through 54960 of the Government Code of the State of-California. 21. Agency:shall have the power and authority to issue and sell revenue bonds in accordance with Article 2, Chapter 5, Division 7, Title 1, and Chapter 6, a Division 2, Title V of the Government Code, and such other relevant provisions oflaw as may now or hereafter be applicable. 22. For purposes of referendum and any necessary votes on taxes on Agency wide basis,the boundaries of Agency shalVbe as depicted on Exhibit"A" and as described in Exhibit TO, attached hereto and by this reference incorporated herein. Under=applicable-Iaw Agency may form improvement districts. Bond elections shall be conducted pursuant to the Uniform District Election Law and applicable provisions of the California Elections Code. 23. Agency shall have and exercise all powers conferred on local agencies by the provisions of law with respect to revenue bonds. Revenues required to provide monies for bond interest and redemption of other band funds in connection with revenue bonds issued by Agency shall be derived from user fees and service etarges, which charges shall be determined by the governing board of the-Agency. 24. COUNTY or a CITY may withdraw from`Agency, which withdrawal shall have the effect of requiring either a renegotiation of this Agreement or dissolution of the Agency. Any member wishing to withdraw may do so only on July 1 of any such year, and shall provide the Agency with at least 180 days' notice in writing of its intent to withdraw. Upon dissolution of Agency funds and property shall be distributed as follows: a. discharge of any liability shown on the books of the Agency; b. any remaining assets to be divided according to the amount of contribution by COUNTY and CITIES. 7 The distribution of assets may be made in.Kind or assets:may be sold and proceeds thereof distributed to COUNTY or CITIES, provided, however, that all facilities and rights assigned or transferred by COUNTY or CITIES to Agency shall be reconveyed to said COUNTY or CITY free and: clear of all encuirovionccs and uei sUf dfIY Kilid riot in 0*tenf%e at the tiMe of conveyance,,to Agency. __.Upon:;dissolution :of Agency the responsibility of COUNTY or CITIES to 'ccntribute to the discharge of enforceable liabilities incurred by Agency-shall be limited to, the portion that the.contrbuton made by.the COUNTY or CITIES bears to;the total contributions made to agency from the effective date of this Agreement to date of Aissolution. 25. In the event .that liability is imposed upon the Agency by a court of competent iurisdiction•by reason ofthe negligent or willful act or omission of it, its officers or employees, in the performance of: this Agreement the ` moneyJudgement shall be paid in the;ratio set forth in Section'7 hereof. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day:and year first above written. List of Exhibits: Exhibit A `Key to Plan Maps Exhibit 8- Legal Description of Richardson Bay Boundaries Exhibit C- "RBRA.Bal!Schedule" COUN Ant ,,.,nn -DATE: U61 - 3 cuw. BY Steve Kinsey �! President, Board of Supervisors CITY OF SAUSALITO DATE: " t.a D BYc� _ 8 CITY OF BELVEDERE DATE: BY T�4 TOWN OF TIBURON DATE: CITY OF MILL VA&LEY DATE: f d BY ' L.C;mao ss.f;RBRA;RICH.E3AYJOINTEXERCISEQFPOWERSAGR- OC 9 EXIIiBIT A RICHARDSON ti SAY 12 z d I 0 y c� • 0 . `."_�... 0 4000 FEET Key to Plan Maps 1 -5 ! EXHIBIT "B" The -boundaries of. the Richardson Bay Special:-Asea Flan are beginnino at the point of intersection of the Sarin/San Erancisco •Cou.nty line ;and the Sausalito Shoreline, at Cavallo Point,< ence;� along 'a 1inQ connecting said point with the enc, of Bast Road,, then along the shore side oi:� East Roar: to its junction with Alexander., thence along the shore side oi: Alexander to i is intersection with grid Street, along the shore side of ,2nd St. to its intersection with Sridgeway, thence along the shore sidle of Bri_dgeway to its intersection with US 101, thence along U.S. -101 to its intersection with State Route-1 , along the shoreside of State R ute 1 (Almonte Blvd, t9 Miller Ave. , along the shore side of Millet Ave. , to its intersection with Canino Alto, thence along the shore side of Camino Alto to its inter- section with East Bli.thedale, thence along its shoreside :o its intersection with Roque, Moraes Dr. ,, along its shore side 3 ': iauiil. XI thence along its shore side to its terminus, %ce mic3ng a line 100 feet inland from the shoreline 'of :chikdson Bay near the Goodman Marsh, thence along the westerly }de of U.S. c 101 to Seminary Drive, thence rossing U.S lol nd fol'lowing •'the shore side of seminary Dpi ve t o Great Circle Dr;ive,, thence along the shore side of Great Circle- Drive to, Strawberry Drive,, thence along Strawbe rry )rive toits inter-- section with Tiburon. Blvd; thence along Ti2uron: Blvd. to San Rafael Ave; thence along San Pafael Ave. to tVas<t, thore Road, thence -along Belvedere Ave. to its intersection with. Beach Road, thence along the shore side of Beach Road Ito its intersection with -Bellevue Ave.. thence along the shore side of Bellevue. Ave. to its .intersection with Maim Street,, thenPA alongsta'in Street to its intersection with Paradise Drive,; .then.ce along the shoxeside o Paradise Drive to Point Tiburon; and inclduizag all water areas encompassed tbotein, and thence along the Tiburon Town limit line to the Marin/San Francisco County line and back to the point o£ beginning. RICHARDS014 0AII .AGENCY 'lr"solation T 5P6 C,oce Section Tota]Bait Yes:r]1Koonn � Ancharirn�, - � 1�ircl:orin :is a'rtioai-deli i arra .. _ I 3OL010+a} S29+PC Ancbotin 'for r.�on�tf�ari 72>�o�nx sti7; a�t a paw r ...� I 3.04{?10(b) S50,+PC Mair-Whug a psiv tta M22t st k-•ithoura ermit. I 3.04 810X}(il Siff+`pC" Installin `a rivateviviiibout pernsit I 3,04 010(d)(2) SSO+PC Min a rivammogringynt2s<mt:vrrizcr's pctm�i;ssioar: I 3.04i010{61)(3) 550-F PC. FaBuretoobtalm a t afbrtrMsfccofmbcrn. I 3 04 0i0(cj(S) S50,+PC aboard ahatzs�-lzoator vcssei I 3;0 :020 $100-r PG Bea r vessel X 3.0;`:040 $50+PC VesselLmed,&Ssfdy E=e*&D&ttbc 5 IATIH speed lima nest ofMcbxrdsmBay Bridge; I 4.09:010(e) S54 a Gressel ia.a racl3esr,negtlger�t'cr datgemcis manner I� 4,0010(a) SI Off: x Excxdin the,5.M1''HspCOdrinutmithiuHO!:oi•aavvttruncr,;boater,-sYilboanS;atrmsboat 1 4.09.814(b}(1) $103 Excxodin the S WE spo,i 1`nmit vvithis ZCO'of`a 6c�ch trr'lifcline I. 4.04.010(b)(3}a 1 S100 y E ccedipg the S MPH speed 1_bmitvvitfi ni='ofa ivvimning float,dit4ng plarfozm or li'fclina T 4.09:OI0(b}(2)b) 5100 n Exc m&mg6e S NIP'H specs Inii witldri 2C0'of'a dock;,tivay,or lanag£toat,to hicl.vcsscis ase I rrae fast or used for embarkirrgor aciraz erase crs 4.MQIO(b)(2)ic l 5.100: j D=eding the 5 NI TH s 'nk widdjf 200'',bf 5pX,:bome I 4.04-01 0'(b)(3) 5104 Op= o3a1�Evuct«afl ifxa the hours afsdnsct.urd ifl AM: I 4:04010(c) SSO 1 Bder-mz Ricisazdsonr gay Wwlifc5ar'.ctuatpbcC .t?ctolicr3 &March3l I 4.0010(;I) SSO Exceedh5tbe S MPH nit ia.tbe Strav+tbc Recteat an C2iarinel ,. . � L 4.04i1I0(.) SSa Bm3r+onmtsrtal:Prnfecion. Disdm ofrafirs,o 1 5.04 ;010 SI04+,PC V � ,;. Nnisanc+t t:�aenrr��na• Nfaiatc mme oft pubric nuisance(Iistafaucsariet;rorr3itions is att char— 7<s•for Bch da `the Y violator coatimas to exist), L b.04:03,0 SIQC+PC Alavia re ** m- amp with an tm dtVor ancboc kt 4.05.010 ,". 5500 I=Infraotioa 14S=t�isdcmcarror PC'—Pram o"Corrcctioa Resolution 95'-b,6121&5 f EimiYezbsxtbutslzd:doc • �I RICHARDSON'S BAY REGIONAL AGENCY STAFF REPORT For the meeting of; June 14, 2018 To: RBRA Board of Directors From: Beth Pollard, Executive Director Subject: Next steps in pursuit of the Board's April direction STAFF RECOMMENDATION: Engage in discussion regarding ideas for: a) seaworthy criteria and other vessel requirements; b) factors to consider in a planning study on placement of moorings; c) other requirements and opportunities. BACKGROUND: At its meeting of April S, 2018, the Board of Directors gave direction for actions to pursue,towards the goal of a safe, healthy, and well-managed bay. In summary,this direction included requiring that vessels be registered with RBRA; securely moored; seaworthy and free of debris and excess material; and not pollute. Other potential regulations identified for now or in the future would address number of dinghies/skiffs and vessels and length of stay. This decision is in addition to the direction already underway to remove marine debris and unattended moorings and floats, and require state registration. The Board's workplan for June and July 2018 calls for staff to provide additional information and action steps to the Board to enable it to implement or modify its April direction. DISCUSSION: Staff is collecting information from stakeholders and other agencies to help advise the Board on next steps; the other agencies include other anchorage areas with moorings. The information gathered generally falls into these three categories: • Seaworthy criteria and other requirements for vessels on the bay • Factors to consider in designing the transition to moorings • Other considerations and opportunities Attached is a preliminary rough draft outline of potential seaworthiness criteria and other requirements for vessels; factors relative to moorings; and other issues. 1 Seaworthiness criteria and related requirements The draft criteria address issues such as integrity of the vessel's equipment and exterior; safety standards; hazardous/polluting materials and conditions; and the vessel's capability to operate on its own. There are criteria listed that overlap with federal and state requirements, noted for information only. The requirements related to moorings would be addressed as part of the analysis recommended on placement of moorings_ Moorings There are a number of factors to consider in placement of moorings in Richardson's Bay. Staff recommends contracting for a professional, objective and independent study that would review and analyze information and data about Richardson's Bay, experience drawn from moorings in other anchorages, and other sources to advise the Board on the placement of moorings in the bay. Factors identified to date for the analysis to consider generally relate to location and type/technique for the moorings/ground tackle; specific issues include water depth, eelgrass and other marine life; water quality; vessel draft; spacing; shore access; - -- differentiating transient and lon-ger ter-m-vessels; and overall capacity. -- - - -- Otherissues Other issues that have been raised related to implementation of the Board direction include who/how will the inspections and certifications take place; the role of the Special Anchorage Association; registration; helping people improve their vessels to meet the criteria; mariner training; identifying some vessels that can serve as examples of seaworthy conditions; ownership and placement of moorings and ground tackle; maximum vessel length, stay, numbers; rules for different uses; there has also been an offer of volunteers from the anchorage helping to replant eelgrass. Next Steps: Staff recommends that at the June meeting, the Board conduct work session discussions on the three categories of issues so as to draw out ideas from the community- ThrP ideas would m;irp l} lrrrpzzihInn the RRRA' Wi-h zite1. iy s and agenda packet for the July Board meeting, with an opportunity to add and comment. At its July 12 meeting,the Board could then give staff direction on pur suing a study on placement of moorings, and new requirements for vessels in the anchorage for purposes of drafting language for RBRA ordinance amendments. Attach Draft outline for vessel conditions, factors regarding moorings, and other issues, with list of Codes of Federal Regulations related to recreational boat safety 2 For the RBRA Board Meeting of June 14, 2018 Richardson's Bay Regional Agency Draft Discussion Outline of Requirements for Seaworthiness and Other Vessel Conditions Vessel Condition and Safety 1. Intact hull: No open cavities, no splitting boards, no delamination, free of excessive marine growth, no excessive rot 2. Operational through hulls, hoses and seacocks 3. Operational bilge pumps 4. Safe wiring S. Decks must be cleared to allow unimpeded access from bow to stern 6. Fire extinguisher(s) on board, pursuant to United States Coast Guard(USCG) requirements: 46 CFR 25. 7. Carbon monoxide detector below deck Hazardous materials/pollutants and loose materials 8. Bilges must be oil-free 9. Batteries must be secured and in working order 10. Everything on deck must be secured; personal belongings must be stored below deck 11. Fuel containers must be securely and safely stored, and in a manner that fumes cannot accumulate; See USCG requirements 46 CFR 147.45 12. Unused or unusable motors must be free of motor oil 13. On-board marine sanitation device (MSD) and subscription to pump-out service; alternative of compost toilet may be conditionally approved. See Harbor Navigation Code (33 CFR 151/155) and Marine Sanitation Devices (33 CFR 15) 14. Waste/wastewater shall not be disposed of in the bay Vessel Operability 15. Capable of self-propelled navigation, sail or motor; and/or: vessel is operable meaning it has the ability to maneuver safely, under its own power, from any place in the bay to a dockside inspection site and back AND/OR A vessel is considered unseaworthy if the vessel is unsuitable, unsafe, or unable to travel on waters of the state,when there is risk to life, limb, or property or the vessel creates an environmental hazard in violation of any state or federal environmental protection laws; or the vessel's hulls or decks are in a state of disrepair, delaminating or decomposition; or the vessel is taking on water beyond that which can be controlled; or the vessel is lacking water-tight integrity insofar as it cannot maintain level flotation without extraordinary measures; or the vessel is likely to sink or capsize due to water intrusion. TBD: To be determined 1 For the RBRA Board Meeting of June 14, 2018 Richardson's Bay Regional Agency Draft Discussion Outline of Factors to Consider In Determining Placement of Moorings 1) Water depth; possibly use Lidar technology to help determine depth 2) Eelgrass/Seagrass beds R1 Clther annatir life and the health of the hav 4) Draft of the vessels to be moored 5) Space between moorings 6) Moorings/ground tackle type and technique 7) Shore access 8) Differentiating areas for transient vessels and those with longer stays 9) Capacity 10) Engage with a professional to perform an objective analysis on placement taking -into-account the-above-factors TBD: To be determined 2 For the RBRA Board Meeting of June 14, 2018 Richardson's Bay Regional Agency Draft Discussion Outline Other Requirements and Opportunities A. No vessel may be more than feet in length (TBD) B. No commercial vessels C. Vessels must be registered with the RBRA Harbor Administrator with owner's name, phone number and other contact and vessel information D. Compliance with mooring and ground tackle requirements (TBD from mooring study) E. Maximum number of skiffs/dinghies per vessel? F. Maximum number of vessels per owner? G. Timing parameters? H. Different requirements depending on use of vessel? I. Transient vessel definitions and requirements J. Meets state and federal requirement; For state information, see CA Boating& Waterways "The ABC's of California Boating; note also the list of Codes of Federal Regulations applicable to recreational boating K. Who places and owns the ground tackle and moorings? L. Who inspects and certifies compliance? M. Role of the Special Anchorage Association? N. Mariner training 0. Pilot program to identify a few vessels to serve as examples P. Means of helping people improve their vessels Q. Volunteer assistance with eelgrass planting TBD: To be determined 3 The pertinent parts of the Code of Federal Regulations to Recreational Boating Safety are: Penalties for Negligent operation&Interfering with Safe Operation 46 USC 2302 Numbering undocumented vessels 46 USC 123 Yacht Privileged and obligations 19 CFR 4.94 Operating a vessel while under the influence of alcohol or a dangerous drug 33 CFR 95 Regulated Navigation areas 33 CFR 165 Protection of Naval Vessels (Security zones) 33 CFR 165.2010 Vessel Numbering and Casualty and Accident Reporting 33 CFR 173 State Numbering and Casualty Reporting Systems 33 CFR 174 Carriage and use of Personal Flotation Devices(PFDs) 33 CFR 175.15 Carriage and use of visual distress signals(VDS) 33 CFR 175.101 Correction of especially hazardous conditions 33 CFR 177 Manufacturer certification 33 CFR 181.5-19 Identification of boats 33 CFR 181.21 Boats and Associated Equipment 33 CFR 183 - Display of capacity information 33 CFR 183.21-27 Safe loading 33 CFR 183.31-43 Safe powering 33 CFR 183.51-53 Flotation Requirements for Boats 33 CFR 183:101-335 Electrical systems 33 CFR 183.401-460 Fuel systems 33 CFR 183.501-590 Ventilation 33 CFR 183.601-630 Start-in-gear protection 33 CFR 183.701-715 Navigation lights 33 CFR 183.801-810 Vessel identification system 33 CFR 187 Reporting undocumented vessel accidents and casualties 46 CFR 4.05 Carriage of fire extinguishing equipment 46 CFR 25 Backfire flame control 46 CFR 25.35