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Home My WebLink AboutTC Digest 2015-08-14TOWN COUNCIL WEEKLY DIGEST Week of August 10-14, 2015 TIBURON Correspondence, Notices and other Information 1. Letter - July 31- Richardson's Bay Anchorage in Jeopardy 2. Application - Blue & Gold Fleet - Authorization to adjust fares 3. November Election Update - Nov. 3, 2015 Nomination Results Agenda, Minutes 1. Agenda - August 20 - Design Review Board 2. Agenda - August 25 - Heritage & Arts REGIONAL, NOTICES AND AGENDAS Agenda, Minutes 1. Agenda - August 12 - Tiburon Fire District 2. Agenda - August 12 - Marin Telecommunications Agency 3. Agenda - August 13 - Sanitary District 5 4. Agenda - August 13 - Richardson's Bay Regional Agency 5. Agenda - August 13 - Marin Local Agency Formation Commission * Council Only DIGEST San Francisco Bay Conservation and Development Commission 455 Golden Gate Avenue, Suite 10600, San Francisco, Califomia 94102 tel 415 352 3600 fax 415 352 3606 Barbara Salzman, President Marin Audubon Society P.O. Box 599 Mill Valley, CA 94942-0599 AND Andrea Jones Director of Bird Conservation 376 Greenwood Beach Road Tiburon, CA 94920 SUBJECT: Richardson's Bay Anchorage in Jeopardy Dear Ms. Salzman and Ms. Jones: July 31, 2015 RECE VED AUG 1 0 2015 TOWN MANAGERS OFFICE TOWN OF TIBURON Thank you for your letter highlighting the ecological importance of Richardson's Bay to many fish and wildlife species, the vital role eelgrass plays in this habitat of significance, and the adverse impacts that are occurring to these resources by the presence of approximately 200 moored vessels. Many of these vessels, especially those used for residential purposes, are illegally moored in Richardson's Bay. By its own admission, the Richardson's Bay Regional Agency (RBRA) is not able to properly manage the use of Richardson's Bay. Consequently, the RBRA is trying to identify a more effective management approach, as evidenced by its vessel registration program implemented in 2014, its "Anchorage In Jeopardy" workshop held on March 14, 2015, and the recent staff recommendation to develop an anchorage management strategy, including a request for increased funding from its members, that was first considered at the RBRA meeting of May 7th and again, in revised form with a reduced budget, on June 4, 2015. At present, this revised RBRA staff recommendation awaits local approval from the five member agencies. Assuming each member agency votes to augment its budget, BCDC expects the RBRA to approve the revised staff recommendation at its upcoming meeting on August 13, 2015. info@bcdc.ca.gov 1 www.bcdc.ca.gov State of California 1 Edmund G. Brown, Jr. — Governor • @50 evk, r.4 ems: Barbara Salzman Andrea Jones July 31, 2015 We applaud the RBRA for its recent effort to change the status quo and develop an effective strategy to manage Richardson's Bay in a manner that is consistent with all existing regulatory requirements, including, but not limited to, the provisions of the Richardson's Bay Special Area Plan (RBSAP) that flow from the provisions of the San Francisco Bay Plan and the McAteer- Petris Act. BCDC is committed to assisting the RBRA achieve compliance with RB SAP policies. For example, our staff was instrumental in supporting the RBRA to secure the $495,000 CalRecycle grant in 2012 that enabled it to remove vessels at an increased rate during the past three years. And, BCDC staff will serve as a member of an advisory group as the RBRA expedites the process of developing and implementing an anchorage management strategy. Again, thank you very much for sharing your thoughts with me. Sincerely, LAWE J. GOLDZBAND Executive Director LG/AK/gg cc: Members of the Marin County Board of Supervisors Members of the Sausalito City Council Members of the Belvedere City Council Members of the Tiburon City Council Members of the Mill Valley City Council BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Application No. ECCIV Application of Blue & Gold Fleet, L.P. (VCC-77), For Authorization to Adjust Fares on Its Vessel Common Carrier Service on San Francisco Bay Between Tiburon on the One Hand and Authorized Points in San Francisco on the Other Hand DIGEST AUG 12 LUtb TOWN CLERK TOWN OF TIBURON Daniel F. Reidy, Esq. LAW OFFICES OF DANIEL F. REEDY 270 Blair Mine Road (P.O. Box 760) Angels Camp, CA 95222 Telephone: (209) 736-0712 Fax: (209) 736-0714 Email: dfreidy@pacbell.net Dated: August 10, 2015 Attorney for Blue & Gold Fleet, L.P. 1 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Application of Blue & Gold Fleet, L.P. (VCC-77), For Authorization to Adjust Fares on Its Vessel Common Carrier Service on San Francisco Bay Between Tiburon on the One Hand and Authorized Points in San Francisco on the Other Hand APPLICATION Application No. By this Application, BLUE & GOLD FLEET, L.P. (VCC-77) hereby respectfully applies to the Public Utilities Commission of the State of California ("Commission") for authorization to adjust passenger fares on its vessel common carrier service on San Francisco Bay between Tiburon on the one hand and authorized points in San Francisco on the other hand ("the Tiburon/SF Service"). In support of its Application and pursuant to Public Utilities Code section 454, Applicant alleges as follows: 1. Applicant is a Delaware Limited Partnership which has been duly organized and is authorized to do business in the State of California. Applicant's status was acknowledged by the Commission in its Decision D.97-06-0066 issued in 1997 after documentation of Blue & Gold Fleet, L.P.'s status was filed with the Commission as part of Application No. 95-12-071. 2. Applicant's corporate and operational business office address is: Blue & Gold Fleet, Pier 41 Marine Terminal, San Francisco, CA 94133. 3. Pursuant to Rule 2.1(c), Applicant proposes that this Application be processed as a ratesetting proceeding, without need for a hearing, on the following schedule: August 10, 2015 August 17, 2015 September 18, 2015 October 23, 2015 Application filed. Notice published in Daily Calendar. Any Protests due. Decision Adopted (Assuming no Protests). 2 For scoping purposes, the only issue presented by this Application is whether it is appropriate and reasonable for Applicant to adjust its Schedule of Passenger Fares in its Tariff as requested. Pursuant to Commission Rule 2.1(b), notices, correspondence and communications with respect to this Application should be addressed to the Applicant's attorney: Daniel F. Reidy, Esq. LAW OFFICES OF DANIEL F. REIDY 270 Blair Mine Road (P.O. Box 760) Angels Camp, CA 95222 Telephone: (209) 736-0712 Fax: (209) 736-0714 Email: dfreidv@pacbell.net 4. Applicant is a Vessel Common Carrier (VCC-77) authorized by the Commission to carry passengers on vessels on San Francisco Bay. Applicant has been providing vessel common carrier service for over thirty-five (35) years since it was granted its operating authority by the Commission in the name of its predecessor Blue & Gold Fleet, Inc. in Decision No. 91925 issued on June 17, 1980. Applicant has been providing the Tiburon/SF Service continuously since 1997 when the Commission approved the transfer of assets and routes of Red & White Fleet, Inc. to Applicant in Decision No. D.97-06-066. 5. Applicant's Tariff on file with the Commission provides that under Scheduled Service, Applicant shall provide a minimum of one (1) trip per weekday (Monday through Friday, inclusive, excluding holidays) in each direction. This statement of minimum service was last revised by the Commission in Decision No. 00-06-060 on Application No. 00-03-006. On August 2, 2001, the Commission passed Resolution TL - 18970 (2001 CA. PUC LEXIS 755) granting Blue & Gold Fleet's request for approval of voluntary revocation of portions of the authorizations granted in 1997 but that left the Tiburon/SF Service with its stated minimum level of service unchanged. There is no requirement in past Commission decisions nor in Applicant's current Tariff for Applicant to specifically provide service during commute hours on its Tiburon/SF Service. 3 6. Applicant has been providing service during commute hours on its Tiburon/SF Service and has a fare listed for a Commuter book of 20 tickets in its Schedule of Passenger Fares in its current Tariff for its North Bay Service Routes, which includes fares for its Tiburon/SF Service. 7. Applicant has been in discussions with the Golden Gate Bridge Highway and Transportation District ("Golden Gate Bridge District") about the Golden Gate Bridge District taking over the commuter hour service between Tiburon and San Francisco and then providing commuter hour service such as it currently does between Sausalito and San Francisco, and Applicant is agreeable to Golden Gate Bridge District taking over the commuter hour service between Tiburon and San Francisco. There would be no adverse impact on the public customers if Applicant ceases to provide commuter hour service on its Tiburon/SF Service since equivalent commuter hour service would be provided by the Golden Gate Bridge District, and also any commuter tickets purchased from the Applicant but not yet used for a passenger trip will be honored by the Golden Gate Bridge District on its commuter hour service between Tiburon and San Francisco going forward. Also, Applicant would still be providing the required minimum service on its Tiburon/SF Service stated on its Tariff through its scheduled passenger vessel runs between Tiburon and San Francisco at other hours of the day. 8. By this Application, Applicant requests authorization to revise its Schedule of Passenger Fares in its Tariff to delete the Commuters (20 tickets) line item. 9. Relinquishing the commute hour service on its Tiburon/SF Service to the Golden Gate District will not result in a significant change in Applicant's operating ratio since savings in operating costs will balance off the decrease in revenues from the commuter hour service. 10. It can be seen with certainty that there is no possibility that the granting of this Application for authority to adjust Applicant's schedule of passenger fares in its Tariff by deleting the line item for commuter fares on its Tiburon/SF Service as requested will have a significant adverse effect upon the physical environment. 11. Short notice authority under Section 491 of the Public Utilities Code is requested so that the revised passenger fares can be published as soon as possible upon authorization. This Application is one that can be handled under the Commission's ex 4 parte procedures for immediate approval, since there would be no adverse impacts upon any other vessel common carriers, since there are no other vessel common carriers providing scheduled passenger service between Tiburon and San Francisco. Respectfully submitted, Date: August 10, 2015 /S/ Daniel F. Reidy Daniel F. Reidy, Esq. LAW OFFICES OF DANIEL F. REIDY 270 Blair Mine Road (P.O. Box 760) Angels Camp, CA 95222 Telephone: (209) 736-0712 Fax: (209) 736-0714 Email: dfreidv@pacbell.net Attorney for Blue & Gold Fleet, L.P. VERIFICATION I, Carolyn Horgan, am the President of Blue & Gold Fleet, L.P.. and I am authorized to make this verification an its behalf. The statements in the foregoing document are true of my own knowledge; except as to matters regarding the procedural history of Blue & Gold Fleet, L.P. before the Commission for which I am relying on our company's attorney, and as to those matters I believe thein to be true, I declare under penalty of perjury that the foregoing is true and correct. Executed on August . 2015 in San Francisco, California. 1 S / ( r Carolyn Horgan President, Blue & c_jold Fleet, L.P. 6 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Application No. Application of Blue & Gold Fleet, L.P. (VCC-77), For Authorization to Adjust Fares on Its Vessel Common Carrier Service on San Francisco Bay Between Tiburon on the One Hand and Authorized Points in San Francisco on the Other Hand CERTIFICATE OF SERVICE OF APPLICATION OF BLUE & GOLD FLEET, L.P. (VCC-77) FOR AUTHORIZATON TO ADJUST FARES ON ITS VESSEL COMMON CARRIER SERVICE ON SAN FRANCISCO BAY BETWEEN TIBURON ON THE ONE HAND AND AUTHORIZED POINTS IN SAN FRANCISCO ON THE OTHER HAND Daniel F. Reidy, Esq. LAW OFFICES OF DANIEL F. REIDY 270 Blair Mine Road (P.O. Box 760) Angels Camp, CA 95222 Telephone: (209) 736-0712 Fax: (209) 736-0714 Email: dfieidyrc pacbell.net Dated: August 10, 2015 Attorney for Blue & Gold Fleet, L.P. CERTIFICATE OF SERVICE 1, Brenda D. Reidy, certify under penalty of perjury under the laws of the State of California that the following is true and correct: On August 10, 2015, I served copies of the following document: APPLICATION OF BLUE & GOLD FLEET, L.P. (VCC-77) FOR AUTHORIZATON TO ADJUST FARES ON ITS VESSEL COMMON CARRIER SERVICE ON SAN FRANCISCO BAY BETWEEN TIBURON ON THE ONE HAND AND AUTHORIZED POINTS IN SAN FRANCISCO ON THE OTHER HAND by sending copies of the documents by U.S. Mail to the government agency offices listed below: Town Clerk Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Ben Stock, Town Attorney Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Marin County Clerk 3501 Civic Center Drive, Suite 208 San Rafael, CA 94903 Marin County County Counsel 3501 Civic Center Drive, Suite 208 San Rafael, CA 94903 County Clerk, City and County of San Francisco San Francisco City Hall, # 168 1 Dr. Carlton B. Goodlett Pl. San Francisco, CA 94102 San Francisco City Attorney 1390 Market Street San Francisco, CA 94112 Golden Gate Bridge Highway & Transportation District P.O. Box 9000, Presidio Station San Francisco, CA 94129-0601 Dated: August 10, 2015 at San Francisco, California. 1 /S/ Brenda D. Reidy NOVEMBER ELECTION UPDATE FOR TOWN COUNCIL DISGEST NOVEMBER 3, 2015 NOMINATION RESULTS a/o Friday, August 7, 2015 CITIES/TOWNS yr q r -r & •4i. CITY/TOWN COUNCIL MEMBERS Corte Madera Fairfax Town Clerk Town Treasurer Larkspur Mill Valley Novato San Anselmo Town Clerk Town Treasurer San Rafael Mayor City Clerk City Attorney Tiburon CLOSED - NO CONTEST CLOSED - NO CONTEST CLOSED - NO CONTEST EXTENSION CLOSED - NO CONTEST EXTENSION EXTENSION CLOSED -CONTEST EXTENSION EXTENSION CLOSED - NO CONTEST CLOSED - NO CONTEST CLOSED - NO CONTEST CLOSED - NO CONTEST CLOSED - CONTEST* Note to Council: *Tiburon has 3 Nominees for 2 seats: Erin Tollini Brian McCullough Frank Doyle TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 AGENDA TIBURON DESIGN REVIEW BOARD DIGEST Regular Meeting Design Review Board August 20, 2015 7:00 P.M. CALL TO ORDER AND ROLL CALL Chair Tollini, Vice Chair Kricensky, Boardmembers Chong, Cousins and Emberson 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 (if any) OLD BUSINESS 1. 173 STEWART DRIVE: File No. VAR2015015; Afie Royo, Owner; Site Plan and Architectural Review for construction of a new single-family dwelling, with a Variance for excess lot coverage. The applicant proposes to construct a new two-story, 2,755 square foot house with a 600 square foot garage. The lot coverage of the house would increase to 2,382 square feet (31.5%), which is greater than the 30.0% maximum lot coverage permitted in the R-1 zone. Assessor's Parcel No. 055-101-21. [DW] 2. 3 TRESTLE GLEN CIRCLE: File No. DR2015031; Arthur Giovara, Owner; Site Plan and Architectural Review for construction of a new single-family dwelling. The applicant proposes to construct a new three-story single-family dwelling on a currently vacant lot. The house would include 4,391 square feet of floor area, with a 607 square foot garage and 1,406 square feet of basement area. Assessor's Parcel No. 039-061-93. [DW] 3. 5 TRESTLE GLEN CIRCLE: File No. DR2015062; Arthur Giovara, Owner; Site Plan and Architectural Review for construction of a new single-family dwelling. The applicant proposes to construct a new three-story single-family dwelling on a currently vacant lot. The house would include 5,805 square feet of floor area, with a 670 square foot garage and 1,228 square feet of basement area. Assessor's Parcel No. 039-061-96. [DW] Design Review Board August 20, 2015 Page 1 PUBLIC HEARINGS AND NEW BUSINESS 4. 1810 VISTAZO WEST STREET: File No. VAR2015014; Gordon and Jennifer Hull, Owners; Site Plan and Architectural Review for construction of a new single-family dwelling, with a Variance for reduced front yard setback and a Floor Area Exception. The new three-story dwelling would cover 1,191 square feet (33.5%) of the site and would include 2,212 square feet (38.6%) of floor area, which would be 209 square feet greater than the 35.0% maximum floor area allowed for a lot of this size. The house would extend to within 5 feet, 2 inches of the front property line in lieu of the required 15 foot front yard setback. Assessor's Parcel No. 059-071-30. [DW] 5. 36 LINDA VISTA AVENUE: File No. VAR2015011; David and Jayne Love, Owners; Site Plan and Architectural Review for construction of a garage and carport addition to an existing single-family dwelling, with Variances for reduced front and side yard setbacks and excess lot coverage. The proposed garage and carport would increase the lot coverage to 3,031 square feet (45.5%) which exceeds the 15.0% maximum permitted lot coverage. The garage and carport would extend up to the front and left (west) side property line and within 1 foot, 8 inches of the right (east) side property Iine, in lieu of the required 15 foot front yard setback and 8 foot side yard setbacks. Assessor's Parcel No. 059-193-21. [DW] 6. 7 PARK PLACE: File No. DR2015036; Jonathan and Jeanette George, Owners; Site Plan and Architectural Review for construction of additions to an existing single-family dwelling. The applicant proposes to construct a 1,760 square foot addition on the northwest side of the house which would include a guest suite, media room, game room, wet bar, and a hallway, and would result in a total floor area of 5,995 square feet. Assessor's Parcel No. 038-011-33. [KO] CONTINUED TO SEPTEMBER 3, 2015 MINUTES 7. Regular Meeting of July 16, 2015 ADJOURNMENT Design Review Board August 20, 2015 Page 2 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 Secretary 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.ci.tiburon.ca.us) after 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) clays before the meeting to the Planning Division Secretary at the above address. PUBLIC HEARING ITEMS AND BUSINESS ITEMS Public Hearing items and Business 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 ❖ Design Review Board questions of staff and/or applicant ❖ Public Testimony (depending on the number of speakers) — 3 to 5 minutes for each speaker; members of the audience may not allocate their testimony time to other speakers ❖ Applicant may respond to public comments — 3 minutes ❖ Design Review Board closes the public testimony period, deliberates and votes (as warranted) ❖ Time limits and procedures may be modified in the reasonable discretion of the Chairman Interested members of the public may address the Design Review Board on any item on the agenda. ORDER AND TIMING OF ITEMS No set times are assigned to items appearing on the Design Review Board agenda. While the Design Review Board attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order without notice. NOTE: ALL DESIGN REVIEW BOARD MEETINGS ARE AUDIO RECORDED Design Review Board August 20, 2015 Page 3 ITIBURON HERITAGE A R TS COMMISSION Town of Tiburon Heritage & Arts Commission 1505 Tiburon Boulevard, Tiburon, CA 94920 415-435-7373 AGENDA HERITAGE & ARTS COMMISSION August 25, 2015 - Town Hall Conference Room - 6:30 p.m. I. Call to Order II. Roll Call III. Oral Communications Persons wishing to address the Heritage & Arts Commission on subjects not on the agenda may do so at this time. Please note however, that the Heritage & Arts Commission is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, committee or staff for consideration or placed on a future Heritage & Arts agenda. Please limit your comments to three (3) minutes. IV. Minutes — July 28, 2015 V. Treasurer's Report VI. New Commissioner - Kenna Norris a. b. Chair Merrill welcomes new commissioner Kenna Norris Administration of Oath VII. Artist Recruitment - New Artists for Exhibition (At each meeting, any Commissioner may present art work for consideration for future exhibits. Once approved by the group, the individual's samples will be turned over to one of the Artist Recruiters for scheduling and processing.) a. b. VIII. Old Business a. b. c. IX. New Business a. b. X. Adjournment Ginny Doyle — Community Room Oct/Nov 2017 or WL Feb/Mar 2017 Change in Lobby Artist — Sept. 1— Daphne Gerlach (Shirley Hodges XL) Reception Request — Sept. 9 — Patti/Host Bradley Tree — Dave Getz, Town Historian: Proposal & C:►st Heritage & Arts Award — Approval of Nominee Historical Walking Tours — Brochures — found remaining 3000 Website page rebuild — Staff Report — Patti Pickett Town Council "Workshop" — Staff Report — Patti Pickett Next Regular Meeting — August 25. 2015 TIBURON FIRE PROTECTION DISTRICT BOARD OF DIRECTORS MEETING AGENDA 1. CALL TO ORDER 2. CONSENT CALENDAR A. Approval of Minutes, July 8, 2015 3. COMMUNICATIONS WEDNESDAY, AUGUST 12, 2015 6:30 P.M., HEADQUARTERS FIRE STATION 1679 TIBURON BLVD. R--- 4/ r 4. PUBLIC OPEN TIME for items not on the agenda This portion of the meeting is reserved for persons who want to address the Agency on any matter not listed on the agenda. The Ralph M. Brown Act prohibits discussion of items that are not duly placed on the agenda. Speakers are limited to three minutes. Please Note: the Chair will allow time for public comment on each agenda item. 5. CLOSED SESSION A. Personnel (Government Code 54957) 6. CHIEF'S REPORT A. Monthly Report B. Approve step raise for Mark Fitzgerald, Range 317, Step IV, $7,300/mo., effective August 1, 2015 7. RESOLUTIONS A. Approve Resolution #2015-20, District contribution towards medical premiums 8. TREASURER'S REPORT A. Finance Committee — Directors Kirchhoff and Sears Finance Committee Meeting — Monday, August 10, 2015, 1530 hrs. Headquarters Fire Station, 1679 Tiburon Blvd. B. Approval of Warrants C. Discussion of San Francisco publication on transparency D. Approve engagement letter with Maher Accountancy for 2014/15 audit 9. COMMITTEE REPORTS A. MERA — Chief Pearce B. SMEMPS — Director O'Neill C. PERSONNEL — Directors Sears and Miller D. SPHERE OF INFLUENCE — Directors O'Neill and Kirchhoff 10. BOARD OF DIRECTORS 11. ADJOURNMENT In compliance with the Americans with Disabilities Act, ifyou need special assistance to participate in this meeting, please contact the District office at 435-7200. Notification at least 48 hours prior to the meeting will enable the District to make reasonable arrangements. NEXT REGULAR TFPD BOARD MEETING: September 9, 2015, 6:30 P.M. A complete agenda package is available for viewing at 1679 Tiburon Blvd. Copies of past TFPD minutes are available for viewing at the same location. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the District office at 435-7200. Notification at least 48 hours prior to the meeting will enable the District to make reasonable arrangements. tGEST g12 AGENDA ITEM G MARIN TELECOMMUNICATIONS AGENCY 555 Northgate Drive, Suite 230, San Rafael CA 94903-3698 415-446-4427 www,mtamarin.oru DATE: August 12, 2015 TO: MTA Board of Directors FROM: Barbara Thornton, Executive Officer SUBJECT: AGENDA ITEM G: UPDATE REGARDING LARKSPUR'S WITHDRAWAL FROM MTA EFFECTIVE JULY 1, 2015 Recommended Action: To receive an update regarding Larkspur's withdrawal from MTA effective July 1, 2015 including a Memorandum from Greg Stepanicich, MTA General Counsel addressing the financial consequences of Larkspur's withdrawal. Discussion: Larkspur's withdrawal from MTA was effective July 1, 2015. Executive Officer Thornton has met with Dan Schwarz, Larkspur City Manager and reviewed various administrative aspects associated with Larkspur's withdrawal. These included information regarding the timing of the transition of video service provider franchise and PEG fee payments to Larkspur beginning with the revenues earned July 1 — September 30, 2015, video service provider contact information, franchise information, handling of video customer inquiries and complaints, etc. It was agreed that letters of notification to Comcast and AT&T would be sent jointly with new contact information, timing of transition of payments, etc. The franchise and PEG fees earned through June 30, 2015 that will be received by MTA August 15, 2105 will be paid to Larkspur by MTA. In addition to the administrative aspects, it was necessary to have Greg Stepanicich, MTA's General Counsel review MTA's Agreement of Formation, MTA franchise agreements and DIVCA, the May 2014 MTA-CMCM Dedicated Access Provider Agreement and related documents in order to provide information to the Board regarding the financial consequences of Larkspur's withdrawal from MTA effective July 1, 2015. The attached memorandum to the Board addresses the financial consequences and two specific questions are answered. The first question is whether Larkspur will be entitled to directly receive from Comcast and AT&T the franchise fees and PEG Access Fees (PEG Fees) based on revenues derived from Larkspur subscribers. The second question is whether Larkspur remains liable for its pro -rata share of the franchise fee payments made by the MTA to CMCM pursuant to the Designated Access Provider (DAP) Agreement, dated May 14, 2014. Recommendation: Receive update and discuss or ask questions of staff as desired. Attachments: — Memorandum to Board from MTA General Counsel Greg Stepanicich regarding Larkspur Withdrawal, August 10, 2015 — Member Share of DAP Franchise Fee Payments to CMCM - Larkspur Impact G-Agendaltem_081215 MTA Bd Mtg_Update-Lksp Withdrawal_final.docx PM RICHARDS WATSON GERSHON sn!' ATTORNEYS AT LAW - A PROFESSIONAL CORPORATION 44 Montgomery Street, Suite 3800, San Francisco, California 94104-481 1 Telephone 415.421.8484 Facsimile 415.421.8486 MEMORANDUM TO: Chair and Members of the MTA Board CC: Barbara Thornton, Executive Officer FROM: Greg Stepanicich, General Counsel DATE: August 10, 2015 SUBJECT: Larkspur Withdrawal This memorandum addresses the financial consequences of Larkspur's withdrawal from the Marin Telecommunications Agency (MTA) that was effective on July 1, 2015. Two specific questions are answered. The first question is whether Larkspur will be entitled to directly receive from Comcast and AT&T the franchise fees and PEG Access Fees (PEG Fees) based on revenues derived from Larkspur subscribers. The second question is whether Larkspur remains liable for its pro -rata share of the franchise fee payments made by the MTA to CMCM pursuant to the Designated Access Provider (DAP) Agreement, dated May 14, 2014. Background Facts The Agreement of Formation (Joint Powers Agreement) establishing the MTA became effective in 1998. This agreement defined the relationship between the member agencies and provided for the manner in which a member could withdraw. When each member joined the MTA, they also adopted a uniform Telecommunications Ordinance that also addressed the withdrawal of members from the MTA. On June 24, 2006, the MTA granted to Comcast a cable franchise for a term of ten years covering the territory of the MTA that at the time included Larkspur. The local MTA franchise was terminated when Comcast obtained a state video franchise on May 13, 2011 that covered the territory of the MTA and each of its members. AT&T never obtained a local cable franchise from the MTA, but instead commenced video service in Marin County pursuant to a state franchise granted on March 30, 2007 which included the territory of the MTA and each of its members. On May 14, 2014, the MTA entered into a new DAP Agreement with CMCM. Under this Agreement, the MTA agreed to transfer to CMCM all PEG fees received from the Cable Companies for PEG purposes within thirty (30) days after receipt of those PEG fees. The MTA also agreed to make a payment of $605,000 funded from the MTA's operating budget over a 11373-0001'.1861426v 1. d oc RICHARDS I WATSON 1 GERSHON ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION MEMORANDUM Chair and Members of the MTA Board August 10, 2015 Page 2 three year period. The result of this agreement was that the members were foregoing a pro -rata share of franchise fees received by the MTA. Section 16D stated: "The MTA agrees to provide the following additional funding for PEG services and capital equipment refresh and modernization as follows: For FY 2014/15 $220,000 For FY 2015/16 $220,000 For FY 2016/17 $165,000 This finding shall be paid to CMCM on a quarterly basis within thirty (30) days after the receipt of franchise fees from the Cable Companies. The additional payments by the MTA to CMCM pursuant to Section 16D (the "additional payments") are intended to address the budgetary challenges faced by CMCM during the period of time that Comcast is paying less than the full 1% PEG fees to the MTA. The additional payments shall not be construed as an obligation by the MTA to provide any additional funding to CMCM beyond the amounts expressly required by Section 16. However, the additional payments required by Section 16D shall be made in full by the MTA even if Comcast begins paying to the MTA the full 1% PEG fees prior to the completion of the additional payments in the 2016/17 fiscal year." Due to the policy significance of contributing franchise fees to CMCM, each representative of a member of the MTA sought authorization from their governing body as to whether such contribution should be made. The total dollar amount of the contribution for which governing body authorization was sought was $660,000. When the MTA approved the franchise fee funding, the amount of the contribution was reduced to $605,000. This was a result of the San Rafael City Council condition of approval which required that CMCM' reserves be reduced by the end of the bridge period to 50% of their annual operating budget of approximately $770,000. It was estimated that a reduced $605,000 funding contribution by the MTA would result in a CMCM reserve at the end of the bridge period approximately meeting the San Rafael condition. Section 14 of the Agreement of Formation permits any member to withdraw from the MTA upon written notice of the adoption of an ordinance on or before May 1 of any year specifying that such withdrawal shall become effective not earlier than the end of the next successive fiscal year. Larkspur timely notified the MTA and its members of the adoption of an ordinance providing for the withdrawal of Larkspur from the MTA effective July 1, 2015. 11373-000111861426v 1.doc RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION MEMORANDUM Chair and Members of the MTA Board August 10, 2015 Page 3 Payment of Franchise Fees and PEG Fees To Larkspur After Withdrawal Section 14 of the Agreement of Formation addresses the withdrawal of members. In addition to the notice required to withdraw, Section 14 describes the manner in which the cable franchise granted by the MTA will be administered with respect to the withdrawn member. These provisions were drafted on the assumption that the MTA would continue to administer cable franchises granted by it. The members could not have foreseen the adoption of DIVCA when the Agreement of Formation was drafted and executed. Section 14 provides that during the initial term of any franchise issued by the MTA, the withdrawn member does not have any administrative authority over the franchisee. However, the withdrawn member is given a limited right to vote on matters that pertain solely and exclusively to the portion of the franchise located within the withdrawn member's territory provided that the withdrawn member cannot vote on any matter affecting other members. This section further states that the MTA shall continue to administer the franchise in the withdrawn territory as if a withdrawal had not taken place during the initial term of a franchise granted by the MTA. Thus, the franchise fees derived from the withdrawn territory would continue to first be paid to the MTA during the initial term of the local franchise.. These administrative provisions of Section 14 only apply during the initial term of a franchise granted by the MTA. Therefore, these provisions would have applied if Larkspur withdrew during the term of the Comcast franchise granted by the MTA. However, since this local franchise has expired and Comcast is operating under a state franchise that the MTA does not administer, the administrative provisions of Section 14 no longer apply. These provisions also are not triggered by the AT&T video franchise since this franchise was granted by the CPUC under DIVCA rather than the MTA. The Telecommunications Ordinance adopted by each member of the MTA, including Larkspur, contains provisions similar to Section 14 of the Agreement of Formation. However, it also has an additional provision stating what happens after the initial term of a cable franchise granted by the MTA expires. The relevant part states: "Upon expiration of the initial term of a franchise, the provisions of this chapter shall cease to be applicable to that portion of the telecommunications facilities and the operations by the franchisee thereof ... within the territorial limits of any constituent jurisdiction which has unilaterally withdrawn from membership in the Agency." It is our conclusion that effective July 1, 2015, Larkspur is no longer subject to the provisions of the Agreement of Formation or the Telecommunications Ordinance adopted by the members. 11373-0001\1861426 v 1.doc RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION MEMORANDUM Chair and Members of the MTA Board August 10, 2015 Page 4 Larkspur has repealed this Telecommunications Ordinance in its Municipal Code as part of its withdrawal. The provisions of DIVCA do not expressly address the situation where franchise fees and PEG Fees are paid to a Joint Powers Authority and one of the members of the Authority withdraws. Public Utility Code Section 5840(a) states that the CPUC is the sole franchising authority for a state franchise to provide video service under DIVCA. Neither the CPUC or any local franchising authority or other local entity may require the holder of a state franchise to obtain a separate franchise or otherwise impose any requirement on any holder of a state franchise except as expressly provided in DIVCA. Section 5830(j) defines local entity as "any city, county, city and county or joint powers authority within the state within whose jurisdiction a holder of a state franchise under this division may provide cable service or video service." Section 5860 provides for the payment of the 5% franchise fee to the local entity. Subsection (a) states that the holder of a state franchise shall remit to the local entity the required franchise fee based on gross revenues. Gross revenues are defined by subsection (d) to mean all revenue actually received by the holder that is derived from the operation of the holder's network to provide cable or video service within the jurisdiction of the local entity. Under DIVCA, since Larkspur is no longer part of the MTA and is no longer subject to the Agreement of Formation, it is entitled to directly receive the 5% franchise fee from the gross revenues derived by Comcast and AT&T from their operations in Larkspur starting with the third quarter 2015 payment. Public Utilities Code Section 5870(n) provides that a local entity may by ordinance establish a 1% PEG Fee. On January 10, 2007, the MTA adopted Ordinance No. 2007-02 which established a 1% PEG Fee pursuant to DIVCA. However, this ordinance only applies within the jurisdiction of the MTA. After July 1, 2015, the jurisdiction of the MTA no longer includes Larkspur. Therefore, the MTA will no longer receive PEG Fees from Comcast or AT&T based on revenues derived from Larkspur subscribers starting with the third quarter 2015 payment. We understand that Larkspur has adopted a PEG Fee Ordinance. Therefore starting with the third quarter of 2015, Larkspur will be receiving PEG Fees that they can only spend for PEG purposes. By Ordinance No. 2007-01, the MTA established a schedule of penalties for violation of customer service standards under DIVCA. Like Ordinance No. 2007-02, this ordinance only applies within the jurisdiction of the MTA. Commencing July 1. 2015, the MTA has no 11373-0001\ 1861426vt.doc RICHARDS 1 WATSON 1 GERSHON ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION MEMORANDUM Chair and Members of the MTA Board August 10, 2015 Page 5 obligation or authority to enforce customer service standards on behalf of Larkspur customers. Larkspur now has that responsibility. DAP Agreement Payment to CMCM Two fiscal year payments by the MTA from franchise fee revenues remain to be made to CMCM under the DAP Agreement. These are the Fiscal Year 2016 payment of $220,000 and the Fiscal Year 2017 payment of $165,000 for a total remaining payment of $3 85,000. The first payment of $220,000 for Fiscal Year 2015 was paid when Larkspur was a member of the MTA. The question is whether Larkspur is obligated to contribute its share of the remaining two fiscal year payments which is $29,507. The DAP Agreement was entered into by the MTA and not its individual members. Section 11 of the Agreement of Formation states: "The debts, liabilities and obligations of the Agency shall not constitute any debts, liabilities or obligations either jointly or severally of the County or the Municipalities." Section 14 of the Agreement of Formation regarding withdrawal does not have any special provisions relating to the financial obligations of a withdrawing member. Therefore, Larkspur has no obligation to contribute franchise fees to fund the remaining two Section 16D payments by the MTA under the DAP Agreement. The payment of the remaining $385,000 to CMCM is a fully enforceable obligation of the MTA payable from the operating budget of the MTA. Under Section 6(a) of the Agreement of Formation, franchise fees received by the MTA from state issued franchises are paid to the members only after a deduction is first made by the MTA for its annual operating budget and reserves. This results in Larkspur's remaining franchise fee share of $29,507 being absorbed by the remaining members of the MTA as shown on the attached chart prepared by the Executive Officer. The County and San Rafael have the largest share of this amount, $9,563 and $8,331 respectively over a two year period. The share of the other members ranges from $510 to $2,572 over a two year period. The future withdrawal of any other member would not affect the final two fiscal year payments to CMCM since the notice requirements of the Agreement of Formation would not permit any member to withdraw prior to July 1, 2017 after the final payment will be made. 11373-000111861426v1.doc The BOTTOM Chart provides the detail for the "Without Larkspur" amounts. Difference paulgwoD LIAR pue 9T,d.1011401 - Jncts81e1 3noy;Im esea»ul Jagwayy 00 01 O .-4 0 01 m 01 01 01 0 .ti N 10 01 In 10 0 01 4A CO N Oi m .-4 .4 4h N cn .-I W r I V1 $ 2,572.82 1 .-4 .4 L11 t0 V N m CO V o .'4 N ih N 01 .-I rn m m VT N V1 Cl m Ln r•1 to CO Q1 00 N LO .1 V1 of I'll N 0 in cf.; N 41). Without Larkspur Total Member Share of FY16 & FY17 $385.000 Franchise Fee payment to CMCM per May 2014 pAP Agreement .N4 m V3 t V1 fno n LO 00 o N N 124,786.77 1 $ 14,871.37 03 N 10 CO 01 .n t0 10 0 V V1 V1 <n I<i CO V1 N LO� 0 IO 441 CO 0 v N N th $ 108,711.60 1 O CO o o N V} t'-0 m .-i N V1 $ 365,000.00 1 With Larkspur - Detail Total Member Share of FY16 & FY17 $385000 Franchise Fee payment to CMCM per May 2014 DAP Agreement m r+ .r -I l0 4.1 N m IN Oi V1 N CO r . -I V1 m V1 N .m-1 to v m in N V1 $ 30,996.33 I $ 5,603.46 O. H m N V1 In CO r np 0 .-i V1 1 -Li V1 Iin . V1 CO l0 CV � V1 Cr p 0 if.; m 4h Member Share of FY17 5165.000 Franchise Fee payment to CMCM aper May 2014 DAP Agreement tt MI M 10 1. 44 $ 8,260.87 O N 0~ O m 01 V ah I $ 5,884.97 0 0 C 10 N .-4 0- V ..I coo N m .-1 0. CO V' O O N V1 0 N 00 W 0 r-1 V1 IO 00 0.-31 O r.l C 4.1 $ _ 7,948.94 W 01 LO 10 W V/ 0 0 0 0 1/1 t0 r, V1 Member Share of FY16 $z20,000 FranchiseFee_ payment to CMCM per May 2014 DAP Agreement 01 N ,--1 V7 M V1 0 0 3 . -I 0 r~ . V1 30 l0 a 00 to 10 th E$ 7,846.62 V m ~N 10 00 W , in o1 ri - .I N N N 4."1 OO 01 O N m Uk V 01 W V 4' - N .'I 00 13 n m r 41 1..1. 1 $ 10,598.58 0 t0 00n ..r r•I 1-4 4h 0 O O q vGG O N N th Mbr % of Total MTA Franchise • tor 6, lY 0 LOo - , to 2N m CT N 3" N V1 m 1 t0 t0 N 3 V1' O 00 10 10 R .-I 3Q CO in 10 3- N 30 N CO t 34 V1 N In g O0 N Jurisdiction 1Belvedere 1 Corte Madera `County & Unincorp Novato 1 x _ Fa Larkspur a. N � —_ N m 0 E y N d a 'San Rafael M In C 0 P 0 0 I,- . Based on 1Q15 Franchise Fee Revenues Without Larkspur - Detail Total Member Share of FY16 & FY17 5385,000 Franchise Fee a ment to CMCM pes May 2014 DAP Agreement N 34 N 10 V1 0 m 0 r, 0 CV 1" N N 10 COla N r♦ V1 N cn .-I W r I V1 In 0 O. V1 m V1 N 10 00 0 V1 1 $ 27,456.48] 1 $ 108,711.60 $ 20,087.04 1 .-1 10 10 01 N N 0 0 p OC to on 4.6 Member Share of FY17 5165,000 Franchise Fee Ipavment to CMCM /per May 2014 DAP Aereement rm'f Inn co N V1 tD 1n V 00 41. $ 53,480.051 V m n m 10 V1 $ 14,386.78 $ 2,600.62 1 LO O 110 N r -i r4 Vl 03 N 10 CO 01 .n t0 10 0 V V1 V1 $ 9,388.55 1 O 8 0 1n 10 w 4h Member Share of FY16 5220,000 Franchise Fee. payment to CMCM per May 2014 DAP Agreement N 01 Cm0m m Ill nnmn 00 .ti r - V1 N N V1 $ 8,497.93 N O1 0 N N v m VT Or QI l0 to .-4 V1 01 M O W vCO N,- t0 ri 4.1 V) 0 CO 0 N .1-1 1.4 $ 220,000.00 Mbr % of Total MTA Franchise N u. 1•I a m N .-I 34 Or 1n 3-4 .4 Q N m 10 00 m (****3 N N W 0o V1 .4 m .-4 N 'O (V N N 00 0 N 0g 01 30 V1 0 ri Jurisdiction 4 13 > ILI M Corte Madera 1County & Unincorp Novato 1 C LL Mill Valley 1Ross 1San Anselmo San Rafael Sausalito 0 2 zi F Total 8/9/2015 6:35 PM \ Finals \G-Att_08121S MTA Bd Mtg_Mhr Share -DAP IF payments to CMCM_lksp impact_080715.xlsx m 0) a O O1 0 O C 0 .0 .n Y mJ f+ 0 • 0 3 1n -0 3 u a, U E o 0 0 u o a O O Michael Lasky. President Richard Snyder, Vice President John Carapiet, Secretary Catharine Benediktsson, Director Tod Moody. Director NOTICE AND AGENDA Regular Board Meeting at Sanitary District No. 5 of Marin County Meeting Room 2001 Paradise Drive, Tiburon, CA 94920 Thursday, August 13, 2015 5:00 P.M. REGULAR BOARD MEETING CALL TO ORDER ROLL CALL CLOSED SESSION: 2-4/3 1. Convene to Closed Session (the public may provide comments regarding the closed session item(s) just prior to the Board beginning the Closed Session. Closed sessions are not open to the public. a. Closed Session pursuant to Section 54957(b)(1) — Employee Performance Evaluation i. Employee — District Manager OPEN SESSION: PUBLIC COMMENTS: The public is invited to address the Board on items that do not appear on the agenda and that are within the subject matter jurisdiction of the Board. The Brown Act does not allow the Board to take action on any public comment. Please limit public comments to no more than three minutes. DIRECTORS' COMMENTS AND/OR AGENDA REQUESTS CONSENT CALENDAR 2. Approval of July 16, 2015, Regular Board Meeting Minutes (Dohrmann) 3. Approval of all Electronic Fund Transfers (EFT) and Warrants for July 10t1' through August 6`h, 2015; Check No. 7879 through Check No. 7942, in the amount of $469,488.14 (Dohrmann) 4. Receipt of Financial Reports for July, 2015 (Dohrmann) Board of Directors Agenda Regular Board Meeting, August 13, 2015 Page 2 of 2 MANAGEMENT REPORTS 5. District Management Summary Report (Rubio) NEW BUSINESS 6. Consideration of Adoption of Resolution No. 2015-1 I : A Resolution by Sanitary District No. 5 of Marin County Accepting Completion and Directing District Manager to File Notice of Completion for the Main Plant Office / ADA Access Improvement Project (Rubio) — Action UNFINISHED BUSINESS: COMMITTEE REPORTS: 8. Capital Improvement Program Committee (Lasky/Carapiet) 9. Governance Committee (Snyder/Benediktssoi-i) 10. Finance & Fiscal Oversight Committee (Bened1ktsson/Moody) 11. Personnel Committee (Carapiet/Snyder) OTHER BUSINESS: ENVIRONMENTAL: CORRESPONDENCE: INFORMATIONAL ITEMS: 12. Standard & Poor's Rating Services: Summary Credit Profile for Tiburon/Belvedere Wastewater Financing Authority, California & Marin County Sanitary District No. 5 Water/Sewer ADJOURNMENT The Board will be asked to adjourn the meeting to a Regular Board Meeting on September 17'', 2015, at 5:00 p.m. at the Main Plant of Sanitary District No. 5 of Marin County, located at 2001 Paradise Drive, Tiburon, California. The Board of Directors may at its discretion consider agenda items out of the order in which they appear above. Accessible public meetings: Upon request, the District will provide written agenda materials in appropriate alternate formats, or disability -related modification or acconmrodation, including auxiliary aids or services to enable individual with disabilities to participate in public meetings. Requests are to he submitted in writing to the District a1 P.O. Box 227, Tiburon, CA 94920 or rdohrmann@sani5.org at least two days prior to the meeting. T:\Board\Agendas12015 08 13 Regular Agenda RLi] TR BLS.doc �i;n uj4 a C;c c Gsd V ti RICHARDSON'S BAY REGIONAL AGENCY /"Ar/ Thursday, August 13, 2015 5:30 P.M. to 7:00 P.M. Sausalito City Council Chambers 420 Litho Street Sausalito, CA PUBLIC COMMENT IS INVITED CONCERNING EACH AGENDIZED ITEM PURSUANT TO THE BROWN ACT. PLEASE LIMIT YOUR COMMENTS TO THREE (3) MINUTES. AGENDA 5:30 P.M. CALL TO ORDER - ROLL CALL 1. Election of Chair and Vice -Chair for two year terns 2, Minutes of June 4, 2015 Meeting 3. Review report of Harbor Administrator 4. Approve prior expenditures for July - August 2015 5. Review and amend 2014-15 budget lines to reflect additional revenues and expenditures pertaining to Oil Spill Response Trailer 6. Approve FY 2016 SAVE Grant application 7. Status report on Anchorage Management program 8. Public comments invited concerning items NOT on this Agenda (3 -minute limit) 9. Staff continents 10. Board member matters NEXT MEETING: Tentatively planned for October 8. 2015. Board members please review your calendars and advise Staff as to your availability. A COMPLETE AGENDA PACKET IS AVAILABLE FOR VIEWING ON THE RBRA WEBSITE 1ittp://rbra.ca.aav, AND AT THE SAUSALITO CITY LIBRARY. TO RECEIVE AN ELECTRONIC MEETING NOTICE, PLEASE EMAIL REQUEST TO DON ALLEE AT dallee a) narincounty. org Marin County Community Development Agency, 3501 Civic Center Dr. Room 308, San Rafael, CA 94903 Cell 415/971-3919 bprice@marincounty.org RICHARDSON'S BAY REGIONAL AGENCY MEMORANDUM August 3, 2015 TO: RBRA Board FROM: Ben Berto, RBRA Clerk SUBJECT: August meeting Board members: In this first meeting of the new fiscal year, it seems appropriate that several changes are taking place. Consistent with your Board's vote in June, this is the first regular RBRA meeting date, now occurring on the second Thursday of alternating months. The first item is the election of new RBRA Officers. It has been Staffs privilege and pleasure to serve Chair Sears these tumultuous last two years. Like her, the new RBRA Chair will have some major challenges. Today's circumstances point towards more and increasingly active RBRA roles. Staff is confident the new Board Chair and Vice Chair will be up to the challenges, and looks forward to assisting the new officers. Adding to the challenges, the proposed anchorage program for this fiscal year is on hold for the time being. As will be reported elsewhere in this packet, Sausalito is still in the nascent stages of determining their anchorage management priorities and positions. Staff is working with Sausalito to clarify their fmancial position and secure a path forward. A financial item concerns retroactive increases in RBRA's FY 2014-15 revenues and expenditures budget to accommodate the earlier -than -anticipated arrival (and accompanying invoice and reimbursement) of the trailer that holds RBRA's new emergency oil spill containment boom and equipment. Complete funding for the equipment and trailer was underwritten by the State. The budget changes keep respective last year's line items consistent with actual revenues and expenditures. The RBRA and other local emergency responders will now for the first time in Richardson's Bay be able to greatly ameliorate the effects of a substantive oil spill such as the Cosco Busan. Kudo's to Harbor Administrator Price for spearheading our agency's successful effort to obtain the trailer, equipment, and training. Anticipating the usual hurry -up -and -wait situation with State DBW grants, staff has drafted a memo for your Board's approval that will allow us to finalize our eventual SAVE grant without the need for further Board action. See everyone Thursday. 02_Clerk 080315 mem.doc RICHARDSON'S BAY REGIONAL AGENCY MINUTES OF SPECIAL MEETING OF JUNE 4, 2015 HELD AT SAUSALITO CITY HALL CHAMBERS MEMBERS PRESENT: Kate Sears (Marin County); Herb Weiner (Sausalito); Erin Tollini (Tiburon); Marty Winter (Belvedere) ABSENT: Ken Wachtel (Mill Valley); STAFF: Bill Price (Harbor Administrator); Ben Berto (RBRA Clerk) ADDITIONAL: Leslie Alden (Aide to Supervisor Sears); Meeting called to order at 5:32 PM. Request to change the date of future RBRA meetings The future meeting date of the regularly scheduled RBRA meeting was changed from the third Thursday of every second month, to the second Thursday of every second month. This change was approved unanimously. Minutes of May 7, 2014 Meeting Minutes were approved Prior expenditures The expenditure report was accepted unanimously Review and amend 2014-15 budget lines Ben Berto started off the discussion pointing out the adjustments needed to close out the past year's budget, and he explained the various changes. Alden Bevington asked that the Board reimaging the anchorage. He stated that enforcement would extend budget and he felt that vessel abatement was an expensive proposition and that the RBRA had gamed it for profit. He said that if rules were enforced we could reduce the budget and maintain life on the water. Member Tollini stated that the amendments as presented served to memorialize what was already happening, and that the changes were all part of adjusting the regular budget to reflect fiscal reality. The recommended changes were approved by the Board unanimously. 1 Review and consider amendments to the RBRA budget for 2015-16 Mr. Berto related his recent experiences presenting the RBRA's previously proposed Scenario 43 anchorage program and budget to the Sausalito City Council on May 19. The Council determined that they would not be able to commit to any further increase in dues prior to conducting their own public outreach process, to be undertaken by a two council member task force over the course of the next six months. As a result, RBRA's proposed comprehensive Anchorage program and budget was not supported by their council. This placed the full program on hold until such time as funding would be made available. Given RBRA's anchorage management responsibilities, the Anchorage subcommittee was returning to the RBRA Board a revised Anchorage program and budget that incorporates what the Sausalito City Council said needed to be done first, at an overall cost approximately one- third of the comprehensive Scenario #3 budget. Chair Sears asked if the revised budget included public outreach and Mr. Berto replied that it would include all of the public outreach contemplated in the comprehensive program budget, minus funds for information —gathering. It would be in Sausalito's best interest to support this revised scenario, since the costs for outreach would be split between all RBRA member agencies. Chair Sears also pointed out that S15K of legal advice was included in the current budget scenario to address enforcement issues. Chair Sears expressed concern over the dwindling State grant funding. Mr. Berto replied that there was a chance the we could secure funding through a NOAA grant but that grant application wouldn't be open until late Fall 2015. Member Winter alluded to a move in Sacramento that would focus more on enforcement and abatement. Mr. Berto explained that the movement had its genesis in the Delta, where the local sheriff in Contra Costa County still can't keep up with the derelict boats even with a $6 million annual budget. He thought a long term fiscal solution would be a recycling fee added to annual registration, but it is hard to push past boater's lobby groups. Chair Sears asked if Sausalito had more discussions, and Mr. Berto replied that the City had not committed yet to additional discussions. Chair Sears said that our facilitator, WRT Group, had maximized outreach through the workshop and Mr. Berto said that they had also been helpful post -workshop working on proposed next steps. Member Weiner thought that the RBRA and the City should conduct a combined outreach program. He also asked where the historical member contribution split formula had arisen. Mr. Berta said that the percentages of dues reflected Sausalito's status as a maritime city with the most at stake, and said that the formula could only be changed through a board resolution after discussion. Sue Fox said that she was glad Sausalito had required more time for community input, and that the impact of living on a boat was much smaller that living in a house on land. Dane Faber stated that he had researched the origins of the fiscal split: it was set in place by Supervisor Aramburu and RBRA could supersede City Council. He stated that RRBA was abdicating its authority to the City and that the entire coast from Humboldt to San Diego had already dealt with their mooring issues. He said that he felt the City Council was cowardly and had sidestepped their responsibility. 2 Mr. Bevington felt that the stakeholders should be the decision makers and that WRT had cherry -picked the workshop to encourage the mooring field solution. Doug Stones said that the Council can't stop the train and that they hadn't thought out the implications of their actions. He asked if the eelgrass argument really represented an environmental disaster. Bob Lorenzi said that if codes were enforced, only those with conflicts would object, i.e. those on illegal moorings. He felt those who are worried should participate instead of complain. Eric Hendrick said that there is excessive damage from boats hitting property. Mr. McCauliff asked if there was a place on the website to find enforcement actions and Mr. Berto replied the Harbor Administrator's report documented those actions, and the packets also included any formal actions the Board took. Chair Sears asked Sausalito Councilmember Jill Hoffman (in attendance) if the sub -committee had envisioned the outreach program yet, and Member Hoffivan replied that she had no comment at this time. Member Tollini stated that Tiburon was in favor of committing funds, and that some of the issues were 1) making sure Sausalito was aboard with the plan and was not railroaded; 2) enforcement still remains one of the thornier issues no matter what the funding is; and 3) will the gate for additional vessels close once a mooring field was in place. She did support the newly revised program. Member Weiner wanted to reach out and engage with citizens. He also noted the Sausalito side of the budget split amounted to more than Tiburon, Belvedere and Mill Valley combined, and he suggested looking carefully at the percentages again. He did not want to clear the anchorage as was done in Redwood City, Treasure Island and the Oakland Alameda estuary — he wanted to work it out. Member Winter stated that he had been around the waterfront for 25 years and that he recognized the frustration, but he didn't feel that elimination of the anchorage would be viable option. He said the Anchorage plan was viable, and that the best proposals are most often disliked equally by all parties. He was advocating to Belvedere Council to move forward. Chair Sears stated that there was no pre-set outcome in the public outreach workshop, and she felt the RBRA should continue to lead the public outreach process but that it needed funds to continue. RBRA has managed for years but faces new funding challenges in the light of more vessels and attached enforcement costs. The sub -committees' work was productive, but just the beginning of the conversation, and the RBRA would need more funding to continue to move forward with a well -conceived public process. She advocated putting in the $40K to keep the public process moving and not lose momentum, while fully involving Sausalito residents. Member Weiner moved to communicate with residents and said he would support that option. After discussion, the Board unanimously passed both funding packages, 41 and #2, the final budget to be dependent on the outcome of Sausalito budget hearings. 3 Public Comments Mr. Lorenzi felt a strict 72 hour policy was necessary, with permits and decals issued to inspected vessels in order to make people play by the rules. He also felt vessels should be required to be occupied. Neil Whitlaw asked to get the website up-to-date, and Mr. Berto responded that there had been technical difficulties, but these had been addressed. Mr. Storms said Staff should be directed to get biggest bang for the buck. In order to deter disaster, he felt RBRA should re -implement mooring inspections, seaworthy tests, a garbage boat, and a ground tackle upgrade program. He asked or permits to be issued in order to determine who really owns the boat and the mooring. Mr. Bevington said that anchor outs need recognition of legal standing in order to have a sustainable and responsible anchorage. Louis Tenwinkle stated that Supervisor Aramburu inspired the hatred that was still associated with the RBRA. He appreciated the outreach and the community spirit and he apologized to Chair Sears for lashing out at a past meeting, saying that he was stuck in the 80's. Staff Comments Mr. Berto advised the Board that new officers would have to be selected at the next Board meeting since current officers' terms were coming to an end. Board Member Matters None The meeting was adjourned at 7:00 PM. NOTE: The next meeting of the RBRA is tentatively scheduled for August 13, 2015 at 5:30 PM at the Sausalito City Hall Chambers. 4 RICHARDSON'S BAY REGIONAL AGENCY HARBOR ADMINISTRATOR'S REPORT August 1, 2015 WORKING RELATIONSHIPS • Boating and Waterways —The application has been submitted for the Surrendered and Abandoned Exchange Program (SAVE) grant for $150K. We submitted the day the grant opened, but they won't begin the review and approval process until 8/1/2015. Assuming that DBW will approve us up to the full amount, Staff has drafted a resolution (attached) that will allow us to finalize the application process without requiring further RBRA Board action. • Cal Recycle — We spent down every cent of the $495K grant just before it expired. Unfortunately, this grant source will not be available in the future due to CalRecycle's reluctance to address any more projects on the state's waterways. • OSPR — The oil spill response trailer is in position at the Army Corps of Engineers, and first responders from Southern Marin Fire, Sausalito PD, Marin County Sheriff, and the Army Corps of Engineers completed training with classroom and on -the -water exercises. • NOAA — Communicating with NOAA staff preparatory to submitting a grant proposal through their marine debris program. To date, grant applications have not opened for the current fiscal year. Note: Even if the (eventual) grant is successful, funds will not be accessible until mid -2016 at the earliest. DEBRIS REMOVAL • Disposed of 7 vessels. 3 vessels are currently awaiting demolition. • 2 boats are currently impounded. RAPID RESPONSE • 5 vessels recovered and secured. WATER QUALITY • The Neighborhood Watch reported anchor out boat was not being pumped out. It was on the schedule, so staff went on a ride -along and made sure the boat was being pumped, and sent a photo to the reporting party of the occasion. O 1'HER • Ale Eckstrom, a 50 year resident of the bay, passed away recently. His vessel was a 63' wooden powerboat that is unsalvageable and will be secured by the RBRA at the end of the month. Costs for this type of work will be borne by RBRA, since the 2016 SAVE grant program cannot be used until the contract is fully completed. Richardson Bay Regional Agency a) O U a) C T o T O N a) o ra IX 'a To O t6 C O d , O LC) O i , F- 'a pc N -0 • c) a -°O c Y c (6 Y C (0 (6 N co (6 Sausalito marina abandoned -VTIP Sausalito marina abandoned - VTIP Sausalito anchorage abandoned - VTIP O N N O O N O CD 0 CD N- O 0 c'•) O C LO a0 cc) O O (0 (0 C7 • CO CES O) U) N N 0 ti CO • lf) r M �' d'69 r E v3, W� EA ER 69 (f} N a U) O 0c c O 000 .0.0.0 L 4. L N W 0 0 0 0" O Q n d0O.O O O >NC c 0 C .0 .Q • E— a) a) a) a) O O O O N U) eo 0 O O O O O) 0) O) in COOis) rnin cri Ty- M (!) CO CO N N RBRA Vesse O 1— Y a) <O Wr m as Q <o=c < ❑O0u) <WOw cn 2mw❑ m • 00000 0 N N CV N N N N • 0) CO O s— N I- ti FRISCO FLYER z O O LOLOWWWWW • N c`) — N N N Lo (• 0 in (0 co co co 7 vessels total *** indicates estimated invoices d 01 ea a RBRA - BALANCE SHEET May 10, 2015 - June 30, 2015 DATE 5/13/2015 6/30/2015 5/31/2015 6/30/2015 6/11/2015 5/13/2015 5/13/2015 5/13/2015 5/13/2015 5/13/2015 6/17/2015 6/17/2015 6/17/2015 6/10/2015 6/10/2015 5/12/2015 5/12/2015 5/12/2015 5/12/2015 5/12/2015 5/12/2015 5/12/2015 5/12/2015 5/12/2015 5/12/2015 5/12/2015 5/14/2015 5/14/2015 5/19/2015 6/2/2015 6/2/2015 6/4/2015 6/4/2015 6/4/2015 6/10/2015 6/30/2015 6/30/2015 6/30/2015 6/30/2015 6/30/2015 6/30/2015 6/30/2015 6/30/2015 6/30/2015 COST CENTER Sales and Services State - Grant ProfSery-CntySalRe Professional Srvcs Professional Srvcs Bldgs & Grounds Rent Bldgs & Grounds Rent Bldgs & Grounds Rent State - Grant State - Grant Bldgs & Grounds Rent Bldgs & Grounds Rent Bldgs & Grounds Rent State - Grant Bldgs & Grounds Rent HazMat Clean Up Rent - Off Space Rent - Off Space Prof Svcs - Other Rent - Off Space Rent - Off Space Prof Svcs - Other Prof Svcs - Other Prof Svcs - Legal Com Srvc - Broadband Com Srvc - Broadband Prof Svcs - Other Prof Svcs - Other Com Srvc - Cell Phon Rent - Equip Rental HazMat Clean Up Rent - Off Space Prof Svcs - Other Prof Svcs - Other Prof Svcs - Other Rent - Equip Rental HazMat Clean Up Com Srvc - Cell Phon HazMat Clean Up Oil & Gas Outside Corn Srvc - Broadband Tray - Parking Com Srvc - Broadband Subscriptions DESCRIPTION REVENUES MCSTOPP reimbursement -2,800.00 VTIP reimbursement -21,384.32 Salary and Benefits 11,334.92 CDA services 42,716.00 WRT - Anchorage workshop 8,125.00 Mooring rental -150.00 Mooring rental -150.00 Mooring rental -160.00 Waste Aweigh reimburse] -7,511.99 CalRecycle - final -20,443.30 Mooring rental -100.00 Mooring rental -200.00 Mooring rental -150.00 CalRecycle - final -49,489.16 Mooring rental -160.00 Total -40,522.85 PALS - Asbestos removal Libertyship - dry storage Schoonmaker - slip fees Diego Towing - tow vessels Schoonmaker - slip fees ICB - Office rent EMS - pump -out services Alexander - Website services Shute - legal services AT&T - phone/fax line AT&T - broadband Wedlock - vessel survey MT Head - pump -out service AT&T - mobile phone Hertz rental - backhoe Bay Cities - Debris disposal Schoonmaker - slip fees MT Head - pump -out service EMS - pump -out services Diego Towing - tow vessels Hertz rental - backhoe Bay Cities - Debris disposal AT&T - mobile phone Bay Cities - Debris disposal Chevron - fuel for workboat AT&T - broadband Parking for mtg in oakland AT&T - phone/fax line Wind report line annual 1 EXPENDITURES 600.00 240.00 415.79 472.68 160.00 428.00 250.00 460.00 350.00 40.00 46.71 235.00 275.00 79.00 1,148.22 1,065.35 160.00 275.00 250.00 384.00 305.52 1,588.40 81.19 1,150.05 57.20 46.78 14.00 40.00 109.99 DATE 6/30/2015 6/30/2015 6/30/2015 6/30/2015 6/30/2015 6/30/2015 6/30/2015 6/30/2015 6/30/2015 6/30/2015 6/30/2015 6/30/2015 6/29/2015 6/26/2015 6/23/2015 6/23/2015 6/23/2015 6/23/2015 6/23/2015 6/23/2015 6/18/2015 6/18/2015 6/17/2015 6/17/2015 6/17/2015 6/16/2015 6/16/2015 6/15/2015 6/15/2015 6/10/2015 6/10/2015 6/10/2015 6/10/2015 6/5/2015 6/4/2015 6/4/2015 6/4/2015 6/2/2015 6/2/2015 6/2/2015 6/2/2015 6/2/2015 6/30/2015 6/2/2015 6/2/2015 6/2/2015 6/2/2015 COST CENTER Prof Svcs - Other Prof Svcs - Other Prof Svcs - Other Prof Svcs - Other Prof Svcs - Other Prof Svcs - Other Prof Svcs - Other Prof Svcs - Other Rent - Off Space Rent - Off Space Rent - Off Space Prof Svcs - Other Trav-Hotel Lodging Prof Svcs - Other Rent - Off Space HazMat Clean Up Oth Maintenance Postage Trav-Meals Trav - Mileage Prof Svcs - Other Rent - Equip Rental Rent - Off Space Com Srvc - Broadband Com Srvc - Broadband Com Srvc - Cell Phon HazMat Clean Up Trav - Mileage Trav-Meals Prof Svcs - Legal Prof Svcs - Other Prof Svcs - Other Prof Svcs - Other Prof Svcs - Other Rent - Off Space Rent - Off Space Rent - Equip Rental Rent - Off Space Prof Svcs - Other Prof Svcs - Other Prof Svcs - Other Prof Svcs - Other Prof Svcs - Legal Prof Svcs - Other Rent - Off Space Postage Publicat & Legal Not DESCRIPTION KR KR San Rafael Yacht Harbor - boat disposal San Rafael Yacht Harbor - boat disposal Day labor Parker Diving - Rapid Response Parker Diving - fuel disposal Parker Diving - raise boat Schoonmaker - slip fees Schoonmaker - slip fees Libertyship - dry storage San Rafael Yacht Harbor - boat disposal Lodging - Harbormaster Board mtg Day labor Clipper YH - impound slip San Rafael Recycling - hazmats Dust masks Fed Ex and post office Food & water for crew mileage to Oakland, Richmond Dave's Diving - Rapid Response Hertz rental - backhoe Clipper YH - impound slip AT&T - broadband AT&T - phone/fax line AT&T - mobile phone A&S Enviromental - oil disposal mileage to Harbormaster Board mtg meals @ Harbormasters Board mtg County Counsel - 3rd qtr Dave's Diving - Rapid Response Maher Accountancy - audit Day labor Wedlock - vessel survey Schoonmaker - slip fees Libertyship - dry storage Hertz rental - backhoe ICB - Office rent Alexander - Website services Alexander - Website services Alexander - Website services Day labor County Counsel - 4rd qtr DMV transfer Clipper YH - impound slip Fed Ex and post office Marin IJ - legal notice 2 EXPENDITURES 250.00 275.00 4,250.00 4,200.00 150.00 900.00 1,380.00 2,000.00 411.00 160.00 240.00 5,600.00 320.08 75.00 250.00 45.00 95.00 24.10 28.91 27.60 275.00 691.72 250.00 46.80 40.00 79.04 562.50 211.60 83.64 256.25 250.00 12,650.00 50.00 235.00 411.32 240.00 286.07 428.00 260.00 260.00 260.00 225.00 153.75 100.00 250.00 24.33 771.76 Total 50,761.35 Percent of Budget and Percent of FY2014-2015 as of June 30, 2015 Revenue Remaining 4% Realized 96% Expenditures vs. Adopted Budget Expenditures $546,338 Adopted Budget $566,548 Realized Revenue vs. Budgeted Revenue Realized Revenue Budgeted Revenue $545,910 $566,813 RICHARDSON'S BAY REGIONAL AGENCY MEMORANDUM TO: RBRA Board FROM: Bill Price and Ben Berto SUBJECT: Re -allocation of funds for FY 14-15 RBRA Budget DATE: August 8, 2015 Background: The Richardson's Bay Regional Agency incurred unbudgeted income and expenditures in the FY '14-15 budget, and needs to re -allocate funds to balance the budget. Status: Staff successfully achieved a grant from the Department of Fish and Wildlife (DFW) to cover the cost of an Oil Spill Response Trailer. Delivery of this trailer was expected in July 2015, so the FY '14-15 budget was not adjusted to reflect the expense and reimbursement. However, the trailer was completed and delivered in FY 2015, and the accompanying invoice was paid in 2015. Reimbursement from the DFW matching this expenditure was also received in FY 2015. Recommendation: Increase FY '14-15 revenues by $30,000 in the following budget line: • State Grant revenue account G/L # 4530527 Increase FY '14-15 expenditures by $30,000 to cover the cost of the trailer, training, and consumables, in the following budget line: • Equipment & Machinery G/L # 5482050 Approved 8/13/15 RBRA Chair Clerk FY 15 budget trailer adjstmt 080515.docx RICHARDSON'S BAY REGIONAL AGENCY RESOLUTION NUMBER 01-16 OF THE RICHARDSON'S BAY REGIONAL AGENCY APPROVING THE ACCEPTANCE OF GRANT FUNDS FROM THE STATE DEPARTMENT OF PARKS AND RECREATION, DIVISION OF BOATING AND WATERWAYS, FOR THE AMOUNT OF $150,000 TO BE USED FOR THE SURRENDERED AND ABANDONED VESSEL EXCHANGE PROGRAM WHEREAS, the Surrendered and Abandoned Vessel Exchange program (SAVE) has been an integral part of the RBRA's effort to reduce the number of abandoned boats since its inception; and WHEREAS, the State Division of Boating and Waterways has accepted our application for $150,000 to use in this program, requiring a 10% matching contribution from the RBRA; and WHEREAS, these funds will be available with a tern from October 1, 2015 through October 1, 2017; NOW, THEREFORE, BE IT RESOLVED, that the Richardson's Bay Regional Agency by adoption of this resolution hereby accepts Grant Agreement # for $150,000 from the State Division of Boating and Waterways. PASSED AND ADOPTED by the Board of the Richardson's Bay Regional Agency on August 13, 2015. CERTIFICATION: RBRA Chair Clerk RICHARDSON'S BAY REGIONAL AGENCY MEMORANDUM August 3, 2015 TO: RBRA Board FROM: RBRA Clerk SUBJECT: Anchorage program update Board members: The anchorage program that Staff and your Board has been diligently working on for much of this spring is temporarily on hold. The Sausalito City Council is continuing on the track Staff reported out of their May 19 meeting, wherein the Sausalito Council declined for the time being to provide direct funding to the RBRA for our anchorage management program. At their May meeting, the Sausalito City Council agreed with RBRA Staff about the seriousness of the situation on the anchorage and the need for progress. However, they stated their highest priority is meeting with their citizenry and attempting to reach consensus on anchorage issues. before committing to fund their share of RBRA's anchorage management program. Staff is still attempting to clarify with the Sausalito City Manager under what circumstances (and amount) Sausalito will support RBRA's anchorage -related work this fiscal year. Your Board passed on June 4 an anchorage program largely directed to public outreach, including a funding package option focused directly on that. There is a possibility that Staff will meet with the city manager prior to the RBRA Board meeting. If so, Staff will provide an oral report to your Board on August 13. Programs require funding. RBRA needs to secures a budget for its anchorage program prior to undertaking anchorage program activities this fiscal year. Regardless our agency will still be performing the rest of its normal functions, e.g. vessel abatements, consistent with fielding levels prior to the CalRecycle grant. Sausalito's City Manager did convey to Staff that they would like to revisit the current funding formula governing the percentage RBRA member jurisdictions contribute to the RBRA budget. Sausalito considers its 35% share excessive in relation to anchorage matters, particularly in the context of the other expenses the City incurs in that regard (police patrols, etc.). Staff has invited the City Manager to submit a position paper about the funding formula supporting what he feels would be an appropriate and equitable split. Staff would then agendize this item for Board consideration. Staff is extremely appreciate of those who have invested their time and energy, and committed their communities' resources to the anchorage program effort. This pause should only be temporary before the important anchorage effort can proceed. Anchorage report 080315 fnl.doc 14K, "kali PAit_ MARIN AUDUBON SOCIETY Richardson Bay Anchor -Outs From1982 through 1986 the Bay Conservation and Development Com rn iscion conducted yle.j...ts*.I., process that included an-aiiv,ikry-,61amMirteea led to the'aigAiihment of the Richardsoi Bay - Regional Agency (RBRA) by a Joiigepyy4i.S, • agreement between the cities of Valley, Tiburon, Belvedere and the Comity of Marin. The purpose and intent was for.. • the Agency to remove the anchor-ours:.#1# .-, • •• • • Richardson Bay Now, twenty years only have the anchor -outs not been retrioys but they have more than doubled in nurribet.,,, and the RBRA is poised to approve yet anotgek. process to try to get them out of the Bay. On May 7 elected officials from the Joint Powers Jurisdictions that make up the Joint Powers Board voted (subject to approval by their respective councils/supervisors) to begin a process that is intended, again, to remove the - anchor -outs from Richardson Bay Whereas twenty years ago space was provided iri exis marinas for anchor -outs with the intent th. •. they would be moved frorn the open Bay waters, this time the focus is on establishing a: mooring field to which all boats would have to be moored. If providing space elsewhere -- ••• ••4", Anchor -buts .dot the le • - waters. ef Richardson Bay oii.5ausalito. Anchoe-nuts use darnage.to eeigrass '1)eds7 aluabIe • - habitat of the 'Bay seen as the2.dayker r• • qio- s\.•\.7a..• was.not effective m getnngAncnon:outs not:to , .:1;• , . , anchor -out twenty yas*o,.it is.,no.t clear virny it would Work now. "1.. .'l Anchor:p..131s are boats.q.i!li...ptsebofirs,((vessels without motors) that simply ampanchos In ed 1986 th.e'es,4raiiiiiip.bp.17-tas 70-120,jn 2008 there were approximately 100 and now thetc are more than ..00.-140b;:cf.i-kailik.i1764:the act num er:rAey ?.re dtfficultto keep track c9Ras; upportrs 4.,?th61.4.ir,ege....iii4.44 of ths:.-uhtfgiiiaed.:!for chslodged • kr•-:•••r..';Li'L'- their •••ifk • ' rom • up oaoposite - 1r4r;;PU11-i 4a: or creat64..V.i: 15644 4 '4s ZrlAti F. g simply sink. these deic44.ye....vat.s......f...;:.:711.1;.t.ti. -,:Presidents Message : .. Field.Trips . Coi-iseriratioh Reporr_.4 Habitat Steartithip is expensive'0.4:- appears to be the major acnvity af the RBRA harbormster Anclapt.,cas'•havea'.:A •Mirect a,dve*O'ffect- JUNE-UGOS120i5i6 Richardson Bay -Anchor -Outs continuedfrompage 1 Bay environment Discharges of gray water, sewage, and ha7.ordous substances such as petroleum degrade water quality in the shallow bay, adversely affecting -fish, birds and people. Anchor -outs can have on -board holding to n ke, but rnost do not, and facilities to pump out sewage are limited. Trash and debris falls off some boat decks adversely affecting wildlife, recreational users and the safety of boats. And, anchor -outs are a direct and major threat to eelgrass. Eelgrass beds are an essential substrate for spawning and a nursery habitat for herring, and they provide cover and food habitat for many other fish species and buds. In addition to the impacts of degraded water • quality, anchors are dropped in eelgrass beds and then the dragging scope of the anchor attached to the vessel kills the eelgrass in huge circular patterns called "crop circles." Richardson Bay is an important habitat for overwintering waterbirds. Across their range waterbirds, including Greater and Lesser Scaup and Surf Scoter, are negatively impacted by.dis- turbance, poor water quality and loss of habitat, all conditions that are created by anchor -outs. In addition, the 200 -plus anchor -outs on Richardson Bay are covering public waters which are held in trust to benefit all of the continued on page 7 Richardson Bay Anchor -Outs continued from page 5 public. The essential concept of the public trust doctrine, which originated in Roman • law and came through English common law, is that waterways are a common asset, and government is the trustee to keep waterways open for the benefit of all people. As it has developed in California, the public trust covers a range of recreational and natural resource values including fishing, bathing, and preservation of waterways in their natural state for food and habitat for birds and marine life (Marks vs. Whitney 1971). Private permanent, residential use of the waters of the bay is a violation of the public trust. • Twenty years ago, the Special Area Plan permitted a limited number of liveaboards in Fir 'sling and new recreational marinas to facilitate removing the anchor -outs from the Bay. As is currently being proposed, permanent anchor -outs would have to be tied to a mooring field. Mooring for visiting boats is one thing (visiting boats are limited to a one month stay according to coast guard regulations). Providing mooring for permanent residential use, however, is quite another. Residential use of the:Bay is a purely private use and is not a use allowed under the public trust. It is public information that the regulations exist to control the anchor -outs and that the RBRA has the jurisdiction and legal authority to enforce these regulations. It may be expen- sive and controversial, but other jurisdictions around the Bay have managed to clear anchor - outs from their waters; Marin should be able to do so as well: The approach of setting up another advisory committee may diffuse the issue for a time but is unlikely to solve it In our view, it is time to actively enforce existing regulations and give staff the funding resources and the charge to do so. One of the key take -away messages from a recent public workshop on the issue was "The current anchorage situation is adverse, getting worse, and is damaging the environment, human health and safety, and navigation." It is - clear that the anchor -out situation is a health and safety issue for the anchor -outs themselves, for the public that has a right to a clean and . usable Bay, and for the fish and wildlife that • depend on.Richardson. Bay for their survival. It is time for the Regional Agency to take action, not just have more delays. DIGEST ariin Locsi Agency �2/R Lj LGaliLinJ u�J L4-�. arse w. :L / ' t.. �u a.. e�zt• L�.a^.y �uE L;.u�v m.�.:.G., ....:: c+. �, aG_.�p ..J.�uuu Y NOTICE OF REGULAR MEETING AND AGENDA Marin Local Agency Formation Commission Thursday, August 13, 2015 City of San Rafael Council Chambers 1400 Fifth Avenue, San Rafael, California 7:00 P.M. - CALL TO ORDER BY CHAIR ROLL CALL BY CHAIR APPROVAL OF AGENDA The Chair or designee will consider a motion to approve the agenda as prepared by the Executive Officer with any requests to remove or rearrange items by members or staff. OPEN TIME This portion of the meeting is reserved for persons desiring to address the Commission on any matter not on the current agenda. All statements that require a response will be referred to staff for reply in writing or will be placed on the Commission's agenda for consideration at a later meeting. Speakers are limited to three minutes. CONSENT CALENDAR ITEM(S) All items calendared as consent are considered ministerial or non -substantive and subject to a single motion approval. With the concurrence of the Chair or designee, a Commissioner may request discussion of an item on the consent calendar. 1. End of Year Financial Report for Fiscal Year 2014-2015 (action) The Commission will review an end of year report comparing budget and actual transactions for 2014-2015. The report notes the Commission finished the fiscal year with an operating surplus of $15,982 or 4.3%; the latter amount increasing the agency's unrestricted fund balance to $200,686 and largely - though not entirely - tied to savings in budgeted labor costs. Attachments also identify specific payments processed between May and June 2015. The report is being presented to the Commission to file and provide direction as needed. 2. Approval of Meeting Minutes (action( The Commission will consider approving minutes for June 11, 2015. 3. Approval of Cost -of -Living Adjustment to Employee Salaries (action) The Commission will consider formal approval of a 3.0% cost -of -living adjustment for agency employees effective July 1, 2015. The proposed action was contemplated in the adopted operating budget and parallels the practice of the Commission to follow the County of Marin in providing cost -of -living adjustments for unrepresented employees. 4. Authorization to Approve Audit Expenditure (action) The Commission will consider authorizing the Executive Officer to approve an expenditure for R.J. Ricciardi & Associates to prepare an independent audit for 2014-2015 in an amount not -to -exceed $6,760. Approval would follow an earlier decision by the Commission to select R.J. Ricciardi & Associates for auditing services beginning with 2012-2013 following a competitive bid process. Staff recommends approval. MARIN LAFCO August 13, 2015 Regular Meeting Agenda Page 2 of 3 CONSENT CALENDAR CONTINUED... 5. Progress Report on 2015-2016 Work Plan (action) The Commission will receive a progress report in accomplishing the administrative and planning activities established for 2015-2016. One project has already been completed - contracting with CalPERS to start prefunding the agency's other post -employment benefits - while several others have been initiated. The report is being presented to the Commission to accept and file as well as to discuss any amendments. 6. Current and Pending Proposals (information) The Commission will receive a report identifying current proposals on file with the agency as required under statute. The report also identifies pending proposals for purposes of helping to telegraph future workload. The report is being presented to the Commission for information only. PUBLIC HEARING ITEM(S) 7. Countywide Water Municipal Service Review: Draft Report / Recommended for Continuation to September 10, 2015 (action) The Commission will receive a draft report on its scheduled Countywide Water Municipal Service Review. The draft report represents the Commission's independent study on the relationship between public water supplies and demands relative to current and future community needs. This includes recommended actions drawn from determinative statements addressing the prescribed service and governance factors required by the Legislature as part of the municipal service review mandate. Staff recommends the Commission open the public hearing and continue the item to a special meeting on September 10, 2015 to allow for additional review by the membership and general public. BUSINESS HEARING ITEM(S) 8. Proposal for Annexation of 263 Second Street et al. to the Tomales Village Community Services District (LAFCO File No. 1321) (action). The Commission will consider a proposal from landowners requesting annexation of four unincorporated properties totaling 0.75 acres to the Tomales Village Community Services District. The affected territory includes one developed residential lot at 263 Second Street and three undeveloped lots all within the District's sphere. Staff recommends approval with no amendments. Terms - including the recordation of an easement with a neighboring lot to secure gravity access to the sewer main - are also recommended along with standard conditions. The County of Marin Assessor's Office identifies the four affected properties as 102-041-40; 41; 42; and 43. 9. Proposal for Annexation of 801 State Access Road to the Novato Sanitary District (LAFCO File No. 1323) (action) The Commission will consider a proposal from a landowner requesting annexation of one incorporated property totaling 1.65 acres in the City of Novato to the Novato Sanitary District. The affected property is a former military warehouse at 801 State Access Road and has been approved for redevelopment for a 48 -unit senior housing apartment complex. Staff recommends approval with a discretionary amendment to add an approximate 0.52 acre portion of an adjacent property owned and used by Sonoma -Marin Area Rail Transit as a public right-of-way. Standard approval terms are also recommended. The subject property is identified by the County of Marin Assessor's Office as 157-970-04. MARIN LAFCO August 13, 2015 Regular Meeting Agenda Page 3 of 3 BUSINESS HEARING ITEMS) CONTINUED... 10. Request for New Outside Sewer Service / San Rafael Sanitation District and 255 Margarita Drive (LAFCO File No. 13251 (action) The Commission will consider a request for the San Rafael Sanitation District to provide new outside sewer service to an unincorporated residential property located at 255 Margarita Drive in the Country Club community. The request has been initiated by the affected landowner in response to evidence of a failing septic system. Staff recommends a one-year approval with conditions that include the affected landowner filing a complete application for annexation as well as limiting sewer service in the interim to only the existing residence. The County of Marin Assessor's Office identifies the subject parcel as 016-011-29. 11. Approval of Job Description for Administrative Analyst Position (action) The Commission will consider approving a job description and associated benefits for an administrative analyst position. The position would be a fulltime employee with a salary range of $67,636 to $82,118. The position would also receive health and pension benefits consistent with unrepresented employees with the County of Marin. The Executive Officer recommends Commission approval with any desired changes. 12. Report from Policy Committee: Comprehensive Update to the Policies, Procedures, and Guidelines (action' The Commission will consider the second and third phases of the ongoing update to the agency's Policies, Procedures, and Guidelines. This includes continuing the Commission's discussion on proposed amendments to the regulatory policies as part of the second phase and incorporates agency comments submitted after the June meeting. The Commission will also receive and discuss new amendments prepared as part of the third phase involving planning policies in anticipation of issuing a notice of review. 13. Legislative Report (information' The Commission will discuss the first year of the Legislature's 2015-2016 session regarding bill proposals directly or indirectly affecting LAFCOs. Verbal report only. EXECUTIVE OFFICER REPORT COMMISSIONER ANNOUCEMENTS AND REQUESTS ADJOURNMENT TO NEXT MEETING: September 10, 2015 (pending confirmation) October 8, 2015 (confirmed) Pursuant to GC Section 84308, if you wish to participate in the above proceedings, you or your agent are prohibited from making a campaign contribution of $250 or more to any Commissioner. This prohibition begins on the date you begin to actively support or oppose an application before LAFCO and continues until 3 months after a final decision is rendered by LAFCO. If you or your agent have made a contribution of $250 or more to any Commissioner during the 12 months preceding the decision, in the proceeding that Commissioner must disqualify himself or herself from the decision. However, disqualification is not required if the Commissioner returns that campaign contribution within 30 days of learning both about the contribution and the fact that you are a participant in the proceedings.