HomeMy WebLinkAboutTC Digest 2016-12-02 TOWN COUNCIL WEEKLY DIGEST
November 28-December 2, 2016
TIBURON
Correspondence
1. Memo—October 3—AB 1234 Mandatory Ethics Training Requirements: Notice of
Options &Due Date
2. Notice—November 22—Association of Bay Area Governments
Vacancy on the Governing Board of the SF Bay Restoration Authority
3. Notice—November 28 posting—Notice of 1% Manual Tally for the Nov. 8 Election
Agendas
1. Agenda—November 21 —The Ranch-Belvedere Tiburon Joint Recreation Committee
2. Agenda—December 1 —Town Council Regular Meeting
REGIONAL, NOTICES AND AGENDAS
Agendas
1. Agenda—November 21 —Belvedere Tiburon Library Agency
2. Agenda—December 1 —Richardsons Bay Regional Agency
3. Agenda—December 6—Sanitary 5—Capital Improvement Program Committee Special
Meeting
C J. DIGEST
--- TOWN OF TIBURON
C_ r r 1505 Tiburon Boulevard
Tiburon, CA 94920
1
Date: October 3, 2016/ Updated on November 30, 2016
To: Mayor Tollini and Town Councilmembers; Planning Commissioners;
Town Manager; Director of Administrative Services; Town Treasurer
From: Diane Crane lacopi, Town Clerk
Subject: AB 1234 Mandatory Ethics Training Requirements; Notice of Options & Due
Date
AB 1234, a State law that went into effect 10 years ago (January 1, 2006), requires specified
local officials to receive two hours of ethics training. For newly elected and appointed officials,
the requirement is to receive training within one year of assuming office. For everyone else, the
requirement is to receive this training within two years of receiving one's first training. Some of
you received training initially in 2006 and recertified every two years thereafter. The last required
training took place in 2014; therefore, our goal is for you to recertify this year by December 31,
2016.
There are two options for complying with this requirement.
• Live trainings. The City of Mill Valley still plans to hold a training in before the end of the
year. Members of other public agencies are also welcome to attend. Let me know if you
are interested in this option (and by then, I hope to have the exact date and time).
• Self Study. Training materials are available on-line at the Institute for Local Government
website, www.ca-ilq.org/AB1234compliance. There is also an on-line "test" to complete.
Self-study is an excellent way to get the information on your own timeline. The self-study course
provides you with some background on public service ethics laws and principles, then applies
these principles to real-life case studies you may encounter as a public official. Once you have
completed and passed the on-line test, you can print out a certificate of compliance. (The Town
will reimburse you the $25 test fee when you turn in your certificate of compliance.)
Please keep a copy of the certificate for your records and provide the original to the Town Clerk.
These records will be retained as public records for at least five years.
If you have any questions regarding these requirements, please contact me at 435-7377, or
Town Attorney, Ben Stock, at 435-7370.
Thank you for your cooperation in complying with this state mandate.
Diane Crane lacopi
Tiburon Town Clerk
Cc: Town Attorney Stock
DIGEST
ASSOCIATION OF BAY AREA GOVERNMENTS C "W7.
Representing City and County Governments of the San Francisco Bay Area
E C E E D ABAG
KC-V 2 2J16
TOWN CLERK
TOWN OF TIBURON
Date: November 22,2016
To: Elected Officials of a North Bay City or County that Touches the
San Francisco Bay
From: Julie Pierce
ABAG President
Subject: Notice of Vacancy on the Governing Board of the San Francisco Bay
Restoration Authority
The North Bay seat on the Governing Board of the San Francisco Bay Restoration Authority is
vacant and will be filled following a nomination process.
The San Francisco Bay Restoration Authority is a regional government entity, created in 2008
with jurisdiction extending throughout the San Francisco Bay Area. Its mission is to raise and
allocate funds for the restoration, enhancement, protection and enjoyment of wetlands and
wildlife in the San Francisco Bay and along its shoreline. In June of 2016 Bay Area voters
approved a regional parcel tax expected to generate$25 million per year for 20 years for this
purpose.More information about the Restoration Authority is available at
httt):Hsfbayrestore.org/board-documents.pht)
The Restoration Authority is governed by a board consisting of seven members appointed by the
Association of Bay Area Governments.Those eligible for appointment to the North Bay seat on
the Governing Board are elected officials of a city or county in the North Bay that touches the
San Francisco Bay.ABAG is interested in appointing someone who:
• Has a demonstrated interest in the restoration and conservation of San Francisco Bay;
• Is willing to make funding decisions that are in the best interest of the Bay Area region as
a whole;
• Will work collegially with elected officials from outside their own jurisdiction; and
• Has the time and interest to be an active member of the Governing Board who can
regularly attend board meetings as well as take on occasional tasks requiring work
between board meetings.
The appointment will be for the unexpired current term which ends on April 21, 2017 and the
subsequent term from April 22,2017 to April 21, 2021.
Notice of Vacancy on the Governing Board
November 22,2016
Page 2
If you would like to be considered for appointment, please prepare a letter of interest addressed
to ABAG President Julie Pierce,Association of Bay Area Governments, 375 Beale Street, Suite
700, San Francisco, California 94105. Please include a statement about your interest in serving
on the Governing Board, a description of your experience with wetlands restoration, and your
experience working at a regional level or other related collaborative efforts.
Your letter of interest should be emailed to Fred Castro,ABAG Clerk of the Board, at
fredc@abag.ca.gov.Please submit your letter of interest by December 16,2016 for
consideration by the ABAG Executive Board at its meeting on January 19, 2017.
DIGEST
C- 3
..................................................EL.E..CTI.O..N.5...D.E.P.A.RTME.N.T..................................
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COUNTY OF MARIN Providing a responsive,tron5parent, and professionci opprooch to conducting elections.
Lynda Roberts
REGISTRAR OF VOTERS Notice of 1% Manual Tally
Melvin Briones for the November 8, 2016
ASSISTANT REGISTRAR OF
VOTERS General Election
PO Box E
Son Rafael,CA 94913 Pursuant to California Elections Code §15360,
Marin County Civic Center Marin County's Elections Official will conduct a
3501 Civic Center Drive public manual tally of the ballots tabulated during
Suite 121
Son Rafael,CA 94903 the General Election held on November 8, 2016.
415 473 6456 T
415 473 6447 F
415 473 6899 TTY
www.marinvotes.org The purpose of the manual tally is to verify the
elections@morincounty.org accuracy of the automated count.
The random selection of 1 % of the precincts to
be tallied will take place on Tuesday, November
29 at 9:30 a.m. in the Marin County Elections
Department located in Room 121 , Marin Civic
Center, 3501 Civic Center Drive, San Rafael, CA.
The manual tally of the precincts selected will
begin immediately thereafter.
NOTICE POSTED
Date:
Time:
By:
A - �
The Ranch (Belvedere Tiburon Joint Recreation Committee) _
Regular Meeting Agenda
Monday, November 21 , 2016 7 : 00 p.m.
Dairy Knoll, 600 Ned's Way, Tiburon
1HI IN CH The public is invited to attend.
THE WAY WE UVE TODAY
7 : 00 Call to Order
Board of Directors:
Chair: Afsaneh Zolfaghari, Belvedere
Vice Chair: Peyton Stein, Belvedere
Tiburon: Jim Fraser, Jerry Riessen, Jane Jacobs, Erin Burns
Belvedere: Bob McCaskill, Melissa Feder
RUSD: Howard Block
I. Public Comment The public may direct questions or comments
related to The Ranch business to the Board and Director
concerning matters not listed on the agenda. The Board can take
no action unless the matter is placed on a subsequent agenda.
II . Welcome New Board Member, Melissa Feder, representing
Belvedere.
III . Minutes
A. Approval of Minutes for the Regular Meeting held
August 15, 2016
Motion Second Vote
IV. Finance Reports
A. Review of October FY2016/17 Cash Report
V. Discussion Item
A. Tennis Sub-Committee Update
B. Strategic Planning FY 2017/18
C. Phone System
D. Program Highlights
Youth: Ballet cancelled, New Basketball League,
Birthday Parties, Vacation Days
Adults: Open Gym Basketball, Adult Tech,
Languages, Cooking, Art
Teens : Magic-The Gathering Tournament, Dances
E. RUSD update
VI . Action Item
A. Approval to retain Burke, Williams & Sorensen, LLP
(Burke) , to serve as General Counsel to the Ranch, and work on
matters assigned to Burke by the Executive Director and/or the Board
of Directors.
Motion Second vote
B. Approval for Counsel to review and amend and staff to
approve the Agreement for Independent Contractor Services, to
replace all current Agreements by the start of FY2017/18 .
Motion Second Vote
C. Appoint 2017 Board Chair and Vice Chair
Motion Second Vote
VII . Adjourn
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 Director of Belvedere-Tiburon Joint Recreation (415) 435-4355 .
Notification 48 hours prior to the meeting will enable BTJR to make
reasonable accommodation for full participation. (28 CFR 35, 102-
35, 104 ADA Title II)
Upon request, The Ranch 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 send 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 5 days before the meeting. Requests should be sent
to the Director of Belvedere-Tiburon Joint Recreation at the above
address .
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for
viewing and inspection at Dairy Knoll, 600 Neds Way, Tiburon.
Agendas and Minutes are posted on our website and at Dairy Knoll,
Tiburon Town Hall and Belvedere City Hall.
TIMING OF ITEMS ON AGENDA
While The Ranch Board of Directors attempts to hear all items in
order as stated on the agenda, it reserves the right to take items
out of order. No set times are assigned to items appearing on the
agenda.
A -�
TOWN OF TIBURON
Regular Meeting
. ; Tiburon Town Hall Tiburon Town Council
1505 Tiburon Boulevard December 7,2016
Tiburon, CA 94920 Regular Meeting-7:30 p.m.
Council Photograph-7:45 p.m.
AGENDA
TIBURON TOWN COUNCIL
CALL TO ORDER AND ROLL CALL
Councilmember Doyle,Councilmember Fredericks,Councilmember O'Donnell,Vice Mayor
Fraser,Mayor Tollini
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION,IF ANY
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this
time. Please note however, that the Town Council 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
Town Council meeting agenda. Please limit your comments to three(3)minutes.
INTRODUCTION AND SWEARING IN OF TOWN EMPLOYEE
1. Lea Stefani,Town Clerk
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless
a request is made by a member of the Town Council, public or staff to remove an item for
separate discussion and consideration. If you wish to speak on a Consent Calendar item,
please seek recognition by the Mayor and do so at this time.
1. Annual Appointments List-Adopt Annual List of Appointments made by Town Council
in 2016 pursuant to state law(Town Clerk Stefani)
2. Mosquito&r Vector Control Board-Affirm reappointment of Tiburon representative to
Marin/Sonoma Mosquito&Vector Control District Board(Town Clerk Stefani)
3. Town Investment Summary-Accept report for October 2016 (Director of Administrative
Services Bigall)
4. Resolution-Commendation of Daniel Watrous for 20 years of service to the Town of
Tiburon (Director of Community Development Anderson)
ACTION ITEMS: REORGANIZATION OF TOWN COUNCIL
1. Recognition of Outgoing Mayor Tollini-Mayor Tollini is invited to share her comments
and the Council is invited to share their comments with the outgoing Mayor,as well.
2. Town Council Comments-The Council may share additional comments at this time.
3. Election of New Mayor-Outgoing Mayor Tollini will entertain nominations for the
Office of Mayor and conduct the election.
5. Flection of Vice Mayor-The Mayor-elect will conduct the election of Vice Mayor.
TOWN COUNCIL REPORTS
TOWN MANAGER'S REPORT
Discussion of Meeting Recess(cancellation of December 21,2016 regular meeting;Town Hall
Holiday closure;January 2017 meeting schedule)
WEEKLY DIGESTS
• Town Council Weekly Digests-November 18&t 25,2016;December 2,2016
ADJOURNMENT
• *COUNCIL PHOTOGRAPH-Diane Smith will photograph the new Council
immediately following the meeting.
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 Town Clerk at(415)435-
7377. 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 all agenda reports and supporting data are available for viewing at the
public counter located at Tiburon Town Hall, 1505 Tiburon Boulevard, and at the
Belvedere-Tiburon Library located adjacent to Town Hall (1501 Tiburon Boulevard)
during normal business hours prior to the Council meeting.
In addition, agendas, minutes and staff reports are posted on the Town's website,
www.ci.tiburon.ca.us.
Any documents produced by the Town and distributed to a majority of the Town
Council regarding any item on this agenda, including agenda-related documents
produced by the Town after distribution of the agenda packet 72 hours in advance of
the Council meeting, will be available for public inspection at Town Hall, 1505
Tiburon Boulevard,Tiburon CA 94920.
Closed session and privileged documents are not subject to these requirements.
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 send 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 5 days before the
meeting. Requests should be sent to the Office of the Town Clerk at the above
address.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to
provide testimony on these items. If you challenge any proposed action(s)in court,
you may be limited to raising only those issues you or someone else raised at the
Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at,or prior to,the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda,
it reserves the right to take items out of order. No set times are assigned to items
appearing on the Town Council agenda.
DIGEST
AGENDA
BELVEDERE
-I
BELVEDERE TIBURON LIBRARY AGENCY
Monday, November 21, 2016 6:15pm
Belvedere Tiburon Library
1501 Tiburon Blvd.,Tiburon, California
CALL TO ORDERIROLL CALL
OPEN FORUM
This is an opportunity for any citizen to briefly address the Board of Trustees on any matter that does not
appear on this agenda. Upon being recognized by the Chair, please state your name, address, and limit your
oral statement to no more than three minutes. Matters that appear to warrant a more lengthy presentation or
Board consideration may be agendized for further discussion at a later meeting.
STAFF. BOARD AND COMMITTEE REPORTS
1. Chair's report—Tom Gram, BTLA Chair - (2 minutes)
2. Library Director's report— Deborah Mazzolini, Library Director(10 minutes)
3. Belvedere-Tiburon Library Foundation report (5 minutes)
4. Report on Financial Statements October, 2016 (5 minutes)
5. Committee reports (5 minutes)
CONSENT CALENDAR—2 minutes
The purpose of the Consent Calendar is to group items together which generally do not require discussion and
which will probably be approved by one motion unless separate action is required on a particular item. Any
member of the Agency may request removal of an item for discussion.
6. Approval of minutes of October 17, 2016
7. Approval of warrants dated October, 2016
TRUSTEE CONSIDERATIONS
The purpose of Trustee Considerations is to list items for discussion and potential action.
8. Consideration of Approval of Final Audit Fiscal Year 2016
9. Consideration of planning for Library 201h Anniversary Spring 2017
COMMUNICATIONS & ANNOUNCEMENTS
10. Appointment of Dr. George Bo-Linn to the Library Agency by the
Belvedere City Council
11. Monthly calendar
12. Schedule of 2017 meeting dates
NOTICE
AMERICANS WITH DISABILITIES ACT
The following accommodations will be provided, upon request, to persons with a disability: agendas and/or agenda
packet materials in alternate formats; special assistance needed to attend or participate in this meeting. Please make
your request at the office of the Administrative Assistant or by calling (415)789-2660. Whenever possible, please
make your request three days in advance.
DIGEST
RICHARDSON's BAY REGIONAL AGENCY ' 2
Thursday,December 1,2016 }
5:30 P.M.to 7:30 P.M.
Sausalito City Council Chambers 420 Litho Street Sausalito, CA
PUBLIC COMMENT IS INVITED CONCERNING EACH AGENDLZED 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. Closed session: Conference with legal counsel—litigation.
a. Litigation pursuant to CA Government Code § 54956.9 (d)(2)
Name of Case: Lorenzi v.Richardson Bay Regional Agency,Marin County Superior
Court, Case No. CIV 1600502.
b. Significant exposure to litigation pursuant to paragraph(2)of subdivision(d)of
Section 54956.9: (Number of Potential Cases: One)
2. (Public meeting should reconvene at approximately 6:00 pm)
3. Approval of the minutes of September 15,2016 RBRA Meeting
4. Review report of Harbor Administrator
a. Budget report YTD, approval of prior expenditures for July-October,2016
5. Presentation regarding Community Efforts (10 Minutes)
6. Presentation from Sausalito PD, Marin County Sheriff's Office and Harbor Administrator
regarding Enhanced Enforcement Initiatives (15 Minutes)
7. Staff report by Dan Eilerman,Asst. County Administrator(&Interim Executive Director)
a. Approval of current year strategy for enhanced enforcement,including$20,000 increase in
member contributions in the current year to support 1)removal of unoccupied marine debris,
2)removal of unattended moorings and floats,3)additional enforcement of vessel
registration requirements,and 4)increased budget allocation for legal research and defense.
b. Authorize Staff to work with Member City/Town Managers to identify a part-time RBRA
Executive Director for future Board consideration as detailed in staff report.
8. Public comments invited concerning items NOT on this Agenda(3-minute limit)
9. Staff comments
10. Board member matters
NEXT MEETING: Tentatively planned for February 9, 2017. 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 kt1n://rbra.ca.eov
,AND AT THE SAUSALITO CITY LIBRARY. TO RECEIVE AN ELECTRONIC MEETING NOTICE,PLEASE
EMAIL REQUEST TODONALLEEATdallee@marincounty.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
DRAFT MINUTES OF SEPTEMBER 15, 2016
HELD AT SAUSALITO CITY HALL CHAMBERS
MEMBERS PRESENT: Erin Tollini(Tiburon);Marty Winter(Belvedere); Kathrin Sears
(Marin County);Jim Wickham(Mill Valley);Jill Hoffman (alternate) (Sausalito)
ABSENT: None
STAFF: Rod Gould, (Interim Executive Director);Bill Price(Harbor Administrator);
ADDITIONAL: Dan Eilerman, (Assistant Marin Administrator); Jenna Brady(Marin County
Counsel)
Meeting called to order at 5:35 PM.
Minutes of June 9,2016 Meeting
Minutes were approved unanimously
Harbor Administrator's Report
The report was accepted unanimously.
Prior expenditures: July-August 2016
The expenditure report was accepted unanimously.
Resolution approving a Pass-Through Grant of SAVE funds from San Mateo Harbor
District
Mr. Price explained that excess SAVE funding for vessel disposal had been secured in the
amount of$12,112, and the budget would need to be adjusted accordingly to reflect extra
expenditures and offsetting revenues.
The Resolution was passed unanimously.
Report on the Marin Civil Grand Jury report on the RBRA website
Rod Gould outlined the deficiencies found in the report and explained that there was no budget
to tackle the big issues. Member Sears moved to support the goals of the report which passed
unanimously.
Staff Report by Rod Gould
Mr-. Gould highlighted the key areas given in his detailed report on enhanced enforcement and
stressed the need for collaborative governance and cooperation to have the proposed strategy
succeed. He explained the need for more legal research and better coordination with law
enforcement. He stressed that the RBRA required a part-time,permanent Executive Director,
but he declined to accept any consideration of that position. He noted Sausalito's governance
issues with the RBRA,based in the cost split between members,weighted voting and early
withdrawal from the agency. Mr. Gould felt these issues should be addressed after the
1
enforcement strategy had been given a chance to work, but that Sausalito had expressed its
unwillingness to consider holding its request for an amendment to the JPA for a revised
withdrawal clause. Alternate Member Hoffman pointed out the Harbor Administrator's failure
to enforce and keep boats out of the bay. She cited a study by the Sausalito Police department
and noted that out of 406 vessels removed in six years only 63 were off of the anchorage,with
the remainder coming out of marinas. Mr. Gould responded that he felt the position was
unsuited to conducting law enforcement activities,and that the strategy would require martialing
resources and enforcement staffing to succeed.
Chad Carvey, a member of the public,said the report was stunning and took us so far back. He
stressed that no meetings had occurred with Mr. Gould and the constituency. Member Sears
asked Mr. Carvey to read over the report again as it focused on non-live aboard vessels. Alden
Bevington advised that outreach was imperative. Barbara Salzman commended the strategy for
its approach to the public trust issues and felt a comprehensive approach was merited since it
was not a one-person job. Member Sears said that the recommended strategy was not to address
live-aboards at this time,but was rather to address the unoccupied boats and unattended
moorings cluttering the anchorage. She requested Staff to return with cost estimates, and she felt
legal review was necessary and that community outreach/engagement was also important. She
also wanted a discussion on governance issues.
Alternate Member Hoffman stated that Sausalito had been discontented since May 2015 when it
became clear the community didn't want a Mooring Plan and felt increased enforcement was the
first component of fixing the problem. A letter was presented which outlined Sausalito's
concerns and she asked the Board if they would agendize a discussion of the requirements for
withdrawal from the RBRA to consider the idea of a six month withdrawal requirement for any
member agency. She said she would be obligated to file a withdrawal letter with RBRA in
December 2016 in order to get out before 2018 in case the recommended enhanced enforcement
strategy didn't succeed.
Member Wickham said he understood the frustration,but he felt Mr.Gould's plan sounded
reasonable and he moved to adopt Mr. Gould's recommendations. Member Winter said the
anchorage committee he served on for over a year had a good plan with the Mooring Field until
it fell apart. Member Tollini expressed her frustration,saying that she wanted collaboration with
the full Board and asked that if Sausalito was not interested in remaining with the agency that
perhaps it should be given the option to leave more immediately. Member Sears agreed,saying
that it was not realistic to move forward with an uncertain budget that crippled programs. She
asked counsel to see if Sausalito could withdraw by December 2016. Member Wickham moved
to accept the recommended plan and to get input from legal counsel. Mr. Gould asked if the
motion included the executive director search and contract,and Member Sears amended the
motion to incorporate it.
The Board accepted Mr. Gould's recommendations for Staff to return with plans for an enhanced
enforcement strategy, including(1) abatement of marine debris, (2)an intensified vessel
registration program,and(3)removal of unattended mooring balls, floats and other equipment
placed in the Bay.
2
The Board further requested that staff(1)research a legal framework and requirements needed to
implement these enforcement enhancement options, (2)research and provide a potential JPA
amendment for consideration in November to waive the 180-day notice requirement for
Sausalito to exit the RBRA effective January 1, 2017, (3) identify and hire an Executive Director
to guide the agency; and(4)provide an opportunity for a 10-minute presentation from interested
community members to highlight their accomplishments.
Motion passed unanimously.
Public Comments
Alden Bevington asked for time to share a presentation from the Richardson Bay Special
Anchorage Association at the next meeting, and he shared their website:anchoredout.org.
Chad Carvey stated that the group had been working hard on solving the issues and they should
be viewed as part of the solution. Craig Wilson said that people were willing to clean up
pollution and work with harbor administrator to get rid of trash. Kevin Killer called the anchor
outs a microcosm of societal abnormality and said he seeks harmony and truth as we move
forward. Louis Tenwinkle thought that a Grand Jury investigation would help sort everything
out, and he implored the Board to work with the group to solve issues.
Staff Comments
None.
Board Member Matters
Member Sears asked that the community group be given a spot on the agenda to report their
activities at the next meeting.
The meeting was adjourned at 7:45 PM.
3
RICHARDSON'S BAY REGIONAL AGENCY
HARBOR ADMINISTRATOR'S REPORT November 18, 2016
WORKING RELATIONSHIPS
• Boating and Waterways—Preparing first reimbursement request for approximately
$41K for 18 vessels disposed under the 2017 SAVE Grant. 2)Working on refining the
Fund Assist process with DBW so that unspent SAVE funds can be reallocated to
agencies in need prior to funding reverting to the general fund
• County Counsel—Refining noticing process to deal with marine debris and summary
abatements
• USCG—Met with Abandoned Vessel Group with reps from Sausalito PD and MSO
• MSO and SPD—Updating operating procedures to follow through with new Cal Boating
laws that came into effect on January 1, 2016 concerning marine debris. So far we have
worked with MSO to remove 13 vessels within the parameters of this new process. SPD
has removed over 16 moorings as well
DEBRIS REMOVAL
• 14 vessels were disposed since 9/14/16
• 2 boats are currently impounded
• 2 boats stored for disposal
• Dismantled and removed a large dock on beach in Strawberry in addition to regular
beach clean-up efforts
RAPII)RESPONSE
• 2 large and 3 small vessels recovered and disposed
WATER QUALITY
• -Finished water testing for Fall 2016 dry season. Report is attached. Results were good,
with very few spikes
• Recent changes to the Clean Vessel Act may allow RBRA to utilize operation funds for
purchase of a new motor for the pump-out boat
• Weekly seasonal beach testing has ceased at Schoonmaker Beach,with the beach closing
once during the period between April and October 2016. It will resume in April 2017
OTHER
• The Corps of Engineers property currently has a large 85' steel commercial vessel"Spirit
of California",that is potentially to be demolished by private contractors on the ramp. If
this occurs,RBRA operations will be severely curtailed for two months or more. As it
stands now,RBRA is limited in its ability to dispose of any vessel larger than 35' that
cannot be moved past the steel vessel
• Working with Richardson Bay Marina,all of the channel markers from#8 to the marina
have been updated, and one marker piling has been replaced.
Richardson Bay Regional Agency
RBRA Vessel Disposal List September - November 2016
Date Name Type Amount Condition Location
9/14/2016 CORDELL EXPLORER 45'wooden trawler $6,750.00 sunk-abnd. -SAVE MC harbor
9/18/2016 SOLARA 32'wooden trimaran $4,056.00 abandoned-MDV MC anchorage
9/21/2016 BARKER CHRIS 32'wooden power $4,800.00 abandoned-SAVE SR harbor
10/13/2016 CARVER 28 28'fig powerboat $4,700.00 abandoned-SAVE SR harbor
10/14/2016 HO CHOY 36'f/g powerboat $5,835.00 abandoned-MDV MC anchorage
10/14/2016 MERMAID 20'wooden sailboat $500.00 abandoned-MDV Sausalito anchrge
10/14/2016 LACHES 23'f/g sailboat $1,446.95 abandoned-MDV MC anchorage
10/14/2016 AQUARIUS 24'f/g sailboat $385.00 abandoned-MDV Sausalito anchrge
10/14/2016 FELUCCA 20'wooden skiff $43.60 sunk/aban.-MDV MC anchorage
10/15/2016 TIGER LILY 36'f/g sailboat $1,413.10 abandoned-MDV MC anchorage
11/5/2016 S2 SAIL 28'f/g sailboat $2,639.47 abandoned - SAVE Belvedere beach
11/5/2016 ANOTHER WHITE BOAT 24'f/g sailboat $100.00 abandoned -SAVE Belvedere harbor
11/12/2016 EBBING MONKEY 25'f/g sailboat $530.00 abandoned-SAVE Sausalito harbor
11/12/2016 WILSON SPEEDBOAT 18'f/g runabout $400.00 sunk-abnd. -SAVE MC anchorage
11/19/2016 VAR 30'wooden sailboat $840.00 abandoned- SAVE Sausalito harbor
11/24/2016 FLIRT 30'f/g sailboat $5,415.00 abandoned -MDV Belvedere beach
16 vessels total $34,439.12
All above expenses covered through State Boating and Waterways SAVE grant
3 Rapid Response calls
MDV=Marine Debris Vessel
Page 1 of 1
DRY SEASON
Single Sample ,;. 0 Day GeptNeae _:
Total Coliform NofTo Exceed - - `. .10;040
E.coli Not to Exceed 235
T,
Fecal Colrform„Notto Exceed z_ , , '. 400
Enterococcus Not to Exceed-, 104
WALDO POINT GATES COOP Station#41 1 1-Sep-16 8-Sep-16 15-Sep-16 22-Sep-16 30-Sep-116
Total Coliform 10,000110001 1095 1086 262 911 869'
E.coli 235/1261 206 231 63 145 142
Fecal 400/2001 350 130 33 240 8
Enterococcus 104/351 10 10 9 10 9
KAPPAS HOUSEBOATS Station #43 1-Sep-16 8-Sep-16 15-Sep-16 22-Sep-161 30Sep-16 3� y
Total Coliform 10,000/1000 246 341 61 285 714lg�;t4:_,`
E.coli 2351126 85 10 1052 75 '.�.' ,E``:;�s-.` '
Fecal 400/200 49 17 33 4 22
Enterococcus 104135 9 41 10 9 10 t,. 'r�" ;-�M =h
WALDO "A" DOCK Station#40 1-Sep-16 Mop-161 15-Sep-161 22-Sep-161 30Sep-164�'`'f' ;n±
Total Coliform 10,000/1000 75 145 1831 1581 583
E.coli 2351126 41 20 21 31
Fecal 400 1200 79 8 17 33 23 ^-
Enterococcus 104/35 9 10 91 91 9s'"^' d''»' bs:
WALDO POINT SOUTH 40 Station 15 1-Sep-16 Mop-16 15-Sep-16 22-Sep-16 30-Sep-16
Total Coliform 10,000/1000 75 144 98 209 257
E.coli 2351126 20 31 10 31 31
Fecal 4001200 33 5 33 23 23
Enterocaccus 104/35 9 31 9 9 9
CLIPPER BASIN#4 Station 14 1-Sep-16 8-Sep-161 15-Sep-1161 22Sep-16 30-Sep-1617it ----`, ?1
Total Coliform 10,00011000 86 861 1181 411 336 17;i
E.coli 235/126 31 9 91 91 31
Fecal 400/200 49 2 ill 51 5
Enterococcus 104135 9 10 91 91 9
ARQUEZ MARINA Station#37 1-Sep-16 8Sep-16 15-Sep-16 22Sep-1630-Sep-16 eq ,`•
Total coliform 10,000/1000 73 52 10 243 414
E.coli 235/126 20 10 9 31 10
Fecal 400 1200 8 fi 5 4 23 4
Enterococcus 104/35 9 9 9 9 9 [
DRY SEASON
Single Sample '. 3<OAay'.Geo;_Mean Fs
Total Coliform Not To Exceed 10,600 i1000';;
E.coli Nofto Exceed. 235 126 j
Fecal Coliform Nat to Exceed X400
Enterococcus Not to Exceed 104
CLIPPER BASIN#1,Station CB1 1-Sep-16 8-Sep-16 15-Sep-16 22-Sep-16 30-Sep-16 30S@p d6
Total Coliform 10,000/1000 1793 323 31 155 481
E.coli 2351126 31 20 10 41 20 "" A
Fecal 400/200 13 23 11 17 13 ` ;M
Enterococcus 104 135 9 10 9 9 9 = Sg
SCHOONMAKER BEACH Station #33 (EHS) I 1-Sep-16 8Sep-16 15-Sep-16 22-Sep-16 30-Sep-1 6 19 Ott-119 -
Total Coliforn 10,000110001 101 2951 91 2411 1321' 67
E.coli 23511261 91 31 9 101 10 12
Fecal 400 12001 2 ill 2 5 51
4
Enterococcus 104/35 9 9 9 9 10 A" _ 8
SCHOONMAKER Station#32 1Sep-16 BSep-06 15-Sep-161 22-Sep-161 30Sep-06 �_ OOSep-1b `
Total Coliform 10,00011000 9 262 20 279 41
E.coli 235/126 9 9 920 10
Fecal 400/200 2 8 2 2 2
Enterococcus 104135 9 91 9 91 9 >1"`'��i
GALILEE/NAPA Station#8 1-Sep-16 8-Sep-161 15-Sep-161 22-Sep-161 30-SOP-161+'T.'W-&,5ep "6 i
Total Coliform 10,000/1000 52 262 10 10 62
E.coli 235/126 20 10 9 9 9 , ;7
Feral 4001200 23 13 2 2 2
Enterococcus 104/35 9 9 9 9 9
MARINEWAYS Station MW I 1-Sep-16 8Sep-16 16Sep-0622Sep-16 30Sep-1 6 •_ Br�ep+lfii,
Total Coliform 10,000/1000
0,000/100 256 3B4 86 794 538 ?- 'db2'S
E.coli 235112 41 31 20 63 9 T;�I �T
Feral 400/20 7 31 4 17 8 z�`� lt9W �. --.a1
Enterococcus 1041351 10 31 9 91
10 c> :+i�1'i Yt�`SI 13
PELICAN HARBOR Station#6 1-Sep-161 8Sep-16 15-Sep-161 22-Sep-161 30Sep 16 }�i30S'gp 15
Total Coliform 10,000!1000 9 256 31 121 52 a Jtt!#Cift8 _5
E.coli 235/126 9 9 9 20 91-..T
Fecal 4001200 7 171 2 2 4
Enterococcus 104/35 9 751 9 9 9UZ ,, `_14
DRYSEASON
- - - 'Single Sample - ° `. O'Day Go=,Clle n
::r.. Total Colmm,Not To-,0 :-.. . .: ..70,000;._ . n::n<s
- _..„. _
. E-
_qqlL,NLptto.Exceetl . , - _ 235
Fecal C.ohform' oE:fo Exc'ee4 � 460-
-Erifeiocbccri's Not`fo EXceed - � ''' ' x'104 -
im.' ')MF "s-w
SAUSALITO YACHT HARBOR Station#5 1-Sep-16 8Sep-16 15-Sep-16 22-Sep-16 30Sep 16 311S"RI, ” -
Total Coliform 10,00011000 10 98 20 75 85 '' 5""sires r
E.coli 235/126 9 9 9 20 10
Fecal 400120 0 8 7 2 2 2
Enterococcus 104135 9 9 9 9 9
SAUSALITO YACHT HARBOR Station #3 1Sep-16BSep-1615-Sep-16 22Sep-1630Sep 16 :f 30CS oAq'
Total Coliform 10,000/1000 31 771 10 158 457
E.coli 235!126 99 9 20 74
Fecal 4001200 2 4 2 21 2
Enterococcus 104/35 9 91 9 9 91
CONTROL STATION DAYMARK#6 Station C 1-Sep-16 BSep-16—15-Sep-16 22-Sep-161 30 Sep-16 it-:.[r i3oSep-16
Total Coliform 10,000/1000 20 109 10 63 31 '34
E.coli 235/126 20 9 9 30 10 J4Feral 400/200 2 5 2 7 2 3
Enterococcus 104/35 9 9 10 9 9 =9
BRIDGEWAY MARINA 1Sep-16 8Sep-16 15-Sep-161 22-Sep-161 30Sep-16f 30Sep46,
Total Coliform 10,00011000 20 3051 101 1351 1601:, 67
E.coli 235/126 10 10 91 9 20 - 1}t
Fecal 400/200 8 4 4 8 2 d
Enterococcus 104/35 9 311 91 91 91, ''12
RICHARDSON'S BAY REGIONAL AGENCY
I'd like to address some statistics reported at the last Board Meeting, which were based on a
Sausalito Police report comparing numbers of boats removed from the anchorage versus the
number of boats removed from marinas since 2006. It was stated that, of 406 vessels abated
since 2006, only 63 were removed from the anchorage(or open waters of the RBRA) and that
the rest(343) had come from marinas.
I scrutinized all of the photo files and the invoices that I have submitted to the various state
agencies over the past 6 years, agencies that have paid for all of the disposal costs through
their generous grant programs. I derived the following numbers in the attached spreadsheet to
arrive at a more precise picture. My methodology was simple: if the photo showed an invoiced
boat on the anchorage, it was counted as AWAF- or anchorage derived. The boats
photographed in a marinawete listed as Vessel Turn-in Program (VTIP). I have been the sole
employee disposing of each and every one of these vessels, so I have a clear idea of where
these boats have come from, but I wanted to verify each vessel through my records to ensure
all of us were working with accurate information.
Of a total of 417 boats abated since January 2011, 325 were AWAF(anchored, sunk or
beached) and 92 were VTIP (or came from marinas); 22% of the boats were turned over
voluntarily for disposal. 78% of the boats came off the anchorage, or open waters of the RBRA.
The report generated by the SPD was based on biannual surveys that did not reflect the steady
flow of derelict vessels into and out of Richardson's Bay. They are snapshot reports taken once
every two years and do not reflect the ebb and flow of vessels coming and leaving, day in and
day out.
I would be happy to work with Sausalito PD to verify that every vessel has a photo that shows
where that vessel came from. It is important to realize that all of the money from this program
comes from the state, and that all of the reimbursement requests I file are scrutinized and
audited by Boating and Waterways before every reimbursement check is sent back to the
RBRA. While the VTIP program is not the first or highest priority of RBRA abatements, the
program is a condition of the generous SAVE grants and is worthwhile to pursue where it makes
sense to do so to mitigate what would become an RBRA abatement priority in the near
future.Although it took many hours to pull this information together and to verify it, I felt it was
important to accurately state the number of vessels abated in the last 6 years that came from
open waters of the RBRA(78%) vs. marinas (22%). Again, I'd be happy to work with SPD if
there are any questions.
Vessels Disposed of RBRA Since January 2011
Grant Source Date RB Anchorage Marinas (VTIP)
AWAF Jan 2011 - Feb 2013 79 7
VTIP Jan 2011 - Feb 2013 11 58
CalRecycle Jan 2013 - June 2015 146 0
VTIP April 2014 - May 2015 8 10
SAVE 2014 Oct 2015 - Feb 2016 30 10
SAVE 2015 Feb 2016 -April 2016 11 5
Port San Luis Oct 2015 - Nov 2015 3 0
Vallejo April 2016 -June 2016 15 4
San Mateo June 2016 Aug 2016 11 6
SAVE 2016 Sept 2016 - Oct 2016 9 3
323 103 426 total
0.758216 %AWAF 0:241 X84'%VTIP
426 vessels total
76% of boats are AWAF - 24% of boats are VTIP
vast percentage of VTIP boats are turned in from local marinas in Sausalito or RB anchorage
Percent of Budget and Percent ofFY2016-2017 as of November 1, 2016
Fiscal Year 2016-2017
Occurred
34%
Remaining
66%
Expenditures vs.Adopted Budget
Total Budget
Expenditures $133,802
Adopted Budget $485,200
Expended
28%
Remaining Ilk
72%
Realized Revenue vs. Budgeted Revenue
Revenue
Realized Revenue $291,401
Budgeted Revenue $485,200
Remaining Realized
40% 60%
i, �
RBRA- BALANCE SHEET
February 2- March 31, 2016
DATE DESCRIPTION REVENUES
'10/24/2016 Gates Coop- reimbursement -1266.01
'10/24/2016 Mooring rent -150.00
'10/24/2016 Mooring rent -100.00
'10/20/2016 Mooring rent -160.00
'10/20/2016 Mooring rent -150.00
'10/20/2016 Mooring rent -150.00
'10/20/2016 Mooring rent -100.00
'10/20/2016 Mooring rent -100.00
'10/20/2016 Mooring rent -150.00
'10/20/2016 Mooring rent -150.00
'10/20/2016 Mooring rent -300.00
'10/20/2016 Mill Valley dues 2017 -13455.00
'09/26/2016 City of Vallejo-AWAF reimbursement -300.00
'09/23/2016 Reimburse credit card -39.25
'09/13/2016 Mooring rent -150.00
'09/13/2016 Mooring rent -160.00
'09/13/2016 Bieneman -disposal reimbursemnt -877.85
'09/13/2016 Clipper- disposal reimbursemnt -880.60
'09/13/2016 Sausalito PD- boat share-engine work -2623.19
'09/13/2016 San Mateo Harbor District-AWAF reimb. -12111.16
'08/31/2016 Gates Coop- reimbursement -454.00
'0813112016 AT &T rebate -30.66
'08/24/2016 Mooring rent -150.00
'08/17/2016 Mooring rent -300.00
'08/17/2016 Mooring rent -160.00
'08/17/2016 Mooring rent -150.00
'08/17/2016 Mooring rent -100,00
'08/17/2016 Mooring rent -150.00
'08/17/2016 Mooring rent -150.00
'08/17/2016 Mooring rent -300.00
'08/17/2016 Couch-salvage reimbursement -437.50
'08/17/2016 Sausalito dues 2017 -94185.00
'08/17/2016 Tiburon Dues 2017 -26910.00
'08/17/2016 Belvedere dues 2017 -20183.00
'07/26/2016 Marin County dues 2017 -114368.00
Revenue total (291,401.22)
DATE DESCRIPTION EXPENDITURES
'11/01/2016 AT&T- internet 53.20
'11/01/2016 'PRICE WILLIAM 31.95
'11/01/2016 Day labor 300.00
'11/03/2016 EMS- Oct. pump-out 175.00
11/03/2016 MT Head -Oct pump-out 375.00
'11/03/2016 'COUNTY OF 'Solano labs - Fall tests '16 3128.00
'11/01/2016 'PRICE WILLIAM 500.00
'11/03/2016 ICB-Office rental 430.17
'11/01/2016 'PRICE WILLIAM 11.78
'11/01/2016 'PRICE WILLIAM 22.68
'11/03/2016 Marin County Counsel- 1st QTR 2017 5125.00
'10/26/2016 Parker Diving - salvage 2 boats RapResp 2760.00
'10/26/2016 Bay Cities Debris- marine debris 1178.10
'10/26/2016 Salary and benefits since July 2016 47798.23
'10/18/2016 San Rafael Yacht Harbor-fuel disposal 650.00
'10/18/2016 San Rafael Yacht Harbor- boat disposal 5600.00
'10/18/2016 Whiting Marine Survey 235.00
'10/18/2016 Whiting Marine Survey 235.00
'10/18/2016 Whiting Marine Survey 235.00
10/18/2016 Whiting Marine Survey 235.00
'10/17/2016 'US BANK GC'RBRA-William Price 91.61
'10/05/2016 San Rafael Yacht Harbor- boat disposal 4800.00
'10/05/2016 EMS-Sept. pump-out 175.00
'10/05/2016 ICB -Office rental 474.59
'10/05/2016 Schoonmaker Marina-Oct. slip rental 243.00
'10/05/2016 Schoonmaker Marina-Oct. slip rental 160.00
'10/05/2016 Libertyship- d'Libertyship 31 oct 2016 480.00
'10/05/2016 Bay Cities Debris- marine debris 71.00
'10/05/2016 MT Head - Sept pump-out 375.00
'10/05/2016 Hertz rental- backhoe 758.61
'10/03/2016 Mobile phone- Sept 53.26
'10/03/2016 Mobile phone-Aug. 53.26
'10/03/2016 Mobile phone-July 53.26
'10/03/2016 Bay Cities Debris- marine debris 880.55
'09/27/2016 'PRICE WILLIAM 27.52
'09/27/2016 'PRICE WILLIAM 2067.50
'09/27/2016 'PRICE WILLIAM 917.11
'09/27/2016 'PRICE WILLIAM 34.56
'09/23/2016 San Rafael Yacht Harbor-fuel disposal 3600.00
'09/23/2016 San Rafael Yacht Harbor- boat disposal 4700.00
'09/20/2016 Day labor 225.00
'09/20/2016 Alliant Insurance-Slip policy 2017 14982.84
'09/15/2016 San Rafael Yacht Harbor- boat disposal 6180.00
'09/15/2016 AT&T- internet 86.27
'09/15/2016 AT&T- internet 0.23
'09/15/2016 Alexander-web services 260.00
'09/13/2016 Whiting Marine Survey 235.00
'09/15/2016 AT&T- internet 39.25
'09/13/2016 MT Head -Aug. pump-out 400.00
'09/01/2016 EMS-Aug. pump-out 175.00
'09/01/2016 Schoonmaker Marina-Sept. slip rental 243.00
'09/01/2016 Schoonmaker Marina-Sept. slip rental 160.00
'09/01/2016 Libertyship- dry storage 480.00
'09/01/2016 ICB- Office rental 431.95
'08/25/2016 'PRICE WILLIAM 77.09
'08/25/2016 H & M marine- service patrol boat motors 5301.37
'08/25/2016 'PRICE WILLIAM 13.13
'08/25/2016 Contra Costa dump - 3 boats 941.00
'08/25/2016 'PRICE WILLIAM 103.21
'08/25/2016 Bay Cities Debris- marine debris 1642.60
'08/25/2016 Bay Cities Debris - marine debris 1681.65
'08/25/2016 Hertz rental - backhoe 579.59
'08/25/2016 Hertz rental- backhoe 835.45
'08/17/2016 'PRICE WILLIAM 75.18
'08/17/2016 'PRICE WILLIAM 15.75
'08/17/2016 'PRICE WILLIAM 500.00
'08/17/2016 Diego Towing - 3 boats to dump 530.00
'08/17/2016 'PRICE WILLIAM 647.01
'08/17/2016 'PRICE WILLIAM 24.95
'08/18/2016 Day labor 225.00
'08/10/2016 AT&T- internet 40.00
'08/10/2016 AT&T- internet 134.57
'08/12/2016 EMS-July pump-out 175.00
'08/12/2016 Parker Diving -salvage boat RapResp 437.50
'08/12/2016 Bay Cities Debris- marine debris 1498.65
'08/05/2016 Bay Cities Debris- marine debris 71.00
'08/05/2016 Hertz rental - backhoe 564.03
'08/05/2016 Hertz rental - backhoe 722.11
'08/05/2016 Schoonmaker Marina-Aug. slip rental 159.68
'08/05/2016 Schoonmaker Marina-Aug. slip rental 243.00
'08/05/2016 Libertyship- dry storage 480.00
'08/04/2016 MT Head - July pump-out 350.00
'08/04/2016 ICB - Office rr'August rent 430.69
'07/25/2016 Day labor 175.00
'07/21/2016 Whiting Marine Survey 235.00
'07/21/2016 Whiting Marine Survey 235.00
'07/14/2016 CAHMPC- training conference 350.00
'07/07/2016 Schoonmaker Marina-July. slip rental 160.32
'07/07/2016 Schoonmaker Marina-July slip rental 243.00
'07/07/2016 Libertyship- dry storage 480.00
'07/07/2016 ICB- Office rental 431.83
Expenditure total 133,802.84
RICHARDSON'S BAY REGIONAL AGENCY
MEMORANDUM
December 1, 2016
To: RBRA Board
From: Dan Eilerman, Asst. County Administrator(& Interim RBRA Executive Director)
Board Actions Requested: Approve current year strategy for enhanced enforcement,including$20,000
increase in member contributions in the current year to support 1) removal
of unoccupied marine debris, 2) removal of unattended moorings and floats,
3)additional enforcement of vessel registration requirements,and 4)
increased budget allocation for legal research and defense.
Direct Staff to work with Member City/Town Managers to identify a part-
time RBRA Executive Director for future Board consideration.
BACKGROUND: At your Board meeting of September 15,2016, Mr. Rod Gould,a local retired city
manager hired to assess the current situation and make recommendations, provided background and,
context regarding the development of the Richardson's Bay Regional Agency(RBRA);problems
attendant with the marine use of Richardson's Bay due to an increased census of vessels,floats and
debris on its waters in recent years;and several actions to begin mitigating these issues with a
coordinated joint enforcement effort. Mr. Gould noted that the RBRA's regulations,State law(the
McAteer-Petris Act)and the San Francisco Bay Plan have never been adequately enforced for lack of
community interest, policy consensus,and resources.
Community Engagement
As Mr.Gould advised in September,the boating community clearly has interest in these matters. Some
mariners have expressed interest in assisting RBRA with enforcement of its rules to improve conditions
on the water,and your Board is expected to have received an update from representatives of the
Community regarding their interests and accomplishments this evening.
While Staff at this time is recommending that initial enhanced enforcement efforts be focused
exclusively on unoccupied vessels and unattended moorings and floats,to be discussed below,Staff will
recommend that the RBRA Board engage a more permanent, part-time Executive Director before
considering potential additional or longer-term enforcement efforts—and that such consideration
include engagement with those marine users who wish to discuss these ideas and determine what the
marine community can do to assist in improving the situation on Richardson's Bay.
September 15,2016 Board Direction
Several of Mr. Gould's recommendations were supported by your Board,and your Board provided
direction to Staff to return with estimated costs,goals and metrics associated with three of four initial
enhanced enforcement efforts outlined by Mr. Gould, including:
1
1. Abatement of marine debris,as defined by the recently adopted marine debris legislation in the
State Harbors and Navigation Code,to eliminate unoccupied vessels or parts of vessels from the
Bay that are unseaworthy;
2. An intensified vessel registration program to ensure all vessels on Richardson's Bay have
current registration with DMV,which will allow member agencies and law enforcement to know
who owns these vessels and how to communicate with them for safety and accountability;and
3. Removal of unattended mooring balls,floats and other equipment placed in the Bay,which
pose navigational and safety hazards,as well as environmental risks.
Your Board also directed Staff to:
1. Research a legal framework and requirements needed to implement these enforcement
enhancement options;
2. Research and provide a potential JPA amendment for consideration in November to waive the
180-day notice requirement for Sausalito to exit the RBRA effective January 1;
3. Identify and hire an Executive Director to guide the agency;and
4. Provide an opportunity for a 10-minute presentation from interested community members to
highlight their accomplishments.
OVERVIEW
In the intervening weeks since your last Board meeting,Staff has.engaged with a working group of RBRA
Member agency City/Town managers and the County Administrator,as well as a Law Enforcement
working group consisting of the Sausalito Police Department(SPD),the Marin County Sheriffs Office
(MCSO)and the Harbor Administrator. Based on this engagement,we recommend the following:
Current Year Policy Direction
Staff is recommending your Board's approval to budget for a$20,000(or 7.4%)increase in Member
Contributions to support enhanced enforcement efforts that will allow the agency to begin working
together in a coordinated fashion to focus on unoccupied vessels, unattended moorings,floats and
other debris,and intensified efforts to ensure all vessels are registered as required by State law. Staff
recommends that these joint efforts be the Agency s focus for the balance of the current fiscal year,
including efforts to prioritize current year abatements and implement the enhanced enforcement
initiatives. The enhanced enforcement efforts presented this evening reached such a level of consensus
among City/Town Managers, Law Enforcement and Staff that the Law Enforcement Working Group has
already proceeded with noticing efforts,a community meeting,and initial implementation of the
initiatives-with the goal of reporting initial results as soon as possible.
Current year abatements would focus on unoccupied vessels and unattended moorings funded by
RBRA's nearly$200,000 State SAVE grant,consistent with grant conditions and requirements and also
acknowledging that winter storm conditions may cause some priorities to change,as well as Sausalito's
new$129,000 State SAVE grant.
Longer-term Policy Direction
Consideration of any efforts to address occupied vessels or attended moorings should be delayed until
an Executive Director can be identified to help guide the Agency going forward,including the critical
component of engagement with the community. Such discussions should include,at the outset,
community outreach to work through housing services and assistance for the individuals residing on the
water. Consistent with Mr.Gould's recommendations, any permitted residential use,such as short-
term, non-transferable permits or a mooring field will require substantial negotiations with BCDC. RBRA
2
is not in a place at this time to address these issues, but could be in the future. This year's focus would
be to prioritize current year abatements and implement the enhanced enforcement efforts,with the
objective of building momentum that may contribute toward a longer-term consensus.
Current Year Enforcement Enhancement Program (Action Item)
Consistent with your Board's direction in September and input from the City/Town Manager and Law
Enforcement working groups,Staff is recommending an enhanced enforcement program for this fiscal
year. The first objective is to abate marine debris as defined by the recently adopted marine debris
legislation in the State Harbors and Navigation Code. It allows for the removal and destruction of a
vessel or a part of a vessel that,among other requirements,is unseaworthy. The new State law provides
an expedited process for this abatement. We are estimating that these actions would eliminate
approximately 30 unoccupied vessels or parts of vessels from the Bay that are unseaworthy. This would
be in addition to an estimated 50-75 boats abated with SAVE grant funding through June, and
potentially additional vessels with any funds remaining from Sausalito's new SAVE grant,which will be
utilized initially to focus on removing unattended mooring balls and floats.
Second,all vessels in California are required to be either federally documented or registered through
the State Department of Motor Vehicles. Many vessels on Richardson's Bay are out of registration or
documentation for more than a year. RBRA member agencies and law enforcement need to know who
owns these vessels and how to communicate with them for safety and accountability. RBRA and local
law enforcement began a registration program last year and will intensify an ongoing effort to make
certain that vessels on Richardson's Bay have current registration.
The third objective is to remove unattended mooring balls,floats and other equipment. These devices
have been illegally placed in the Bay and pose navigational and safety hazards,as well as environmental
risks.
Finally,these efforts also include a recommended$10,000 supplement to the current year budget for
costs related to legal research and continued legal defense. Legal costs year-to-date are estimated at
$19,000 relative to a current year budget of$25,000.
Goals. Metrics and Costs
Please refer to Attachment A for details associated with implementation of these efforts. Goals include
the following:
1) Identify and remove an estimated additional 30 unoccupied vessels that are
unseaworthy and deemed "marine debris," pursuant to H&N Code Section 550(b);
2) Identify and remove approximately 60 unattended mooring balls orfloats, beginning
with a notice/warning campaign;and
3) Coordinate to ensure current registration of vessels.
While much of the$122,400 effort can be funded with 'in-kind'contributions from MCSO and SPD or
existing grants to both RBRA and SPD from the State Department of Boating and Waterwaysl, a$20,000
gap remains-which would require increased current year RBRA Member contributions consistent with
the JPA's membership cost share ratio.
RBRA received final approval from the State of California for a$199,800 SAVE(Surrendered and Abandoned
Vessel)grant for boat abatement.The City of Sausalito has also been awarded its own approximately$129,000 grant
for the same grant period.
3
As previously mentioned,this effort has been the subject of our Law Enforcement working group
consisting of SPD, MCSO,and the RBRA Harbor Master. It has also been reviewed and received the
recommendation of the City/Town Manager Working Group. Community outreach and implementation
efforts have already begun.
Legal Framework and Requirements for Enhanced Enforcement
RBRA Counsel has already researched these three initial enhanced enforcement efforts,and concluded
that they are consistent with current regulations and statute-conditioned that their focus remain on
unoccupied vessels and unattended moorings,floats or other devices. Consideration of any efforts to
address occupied vessels or attended moorings should be delayed until an Executive Director can be
identified to help guide the Agency, including up-front engagement with the community to work
through housing services and assistance for the individuals residing on the water,and also including new
procedures to guide the Agency.
Potential JPA Amendments
In September,your Board also directed Staff to research and provide a potential JPA amendment for
consideration in November to waive the 180-day notice requirement for Sausalito to exit the RBRA
effective,January 1. Your Board will also recall from September a proposal to consider a JPA
amendment to allow any Member to withdraw after 180 days'notice at any point during a fiscal year,
versus currentJPA language which allows any Memberthe opportunity to provide notice in December
for exit effective July 1(the start of the subsequent fiscal year).
Given consensus from the City/Town Manager and Law Enforcement Working Groups to begin
coordinated enhanced enforcement efforts,Staff is recommending that we continue operating within
the existing JPA agreement and not seek a JPA amendment that would require unanimous consent of
the RBRA,as well as subsequent ratification by each governing body of the RBRA membership.
It should be acknowledged that Sausalito has expressed its intent to preserve its options by submitting a
notice of intent,prior to December 31, 2016,to withdraw from the RBRA,which would be effective July
1,2017. Sausalito expressed that it may rescind its notice pending success of the enhanced
enforcement strategy described in this staff report. While the City/Town Manager Working Group
expressed its disappointment,and also discussed the importance of timing for any rescission of
Sausalito's notice given the RBRA's need to consider a proposed FY 2017-18 budget by spring,the
Working Group has agreed to move forward.
Part-time Executive Director(Action Item)
Your Board will also recall from September that Mr.Gould recommended your Board consider an
amended management structure for the RBRA,substituting a part-time Executive Director for the part-
time Agency Clerk to enhance operational focus, accountability,oversight and communication. It is
recommended that your Board direct Staff to coordinate with Member City/Town Managers to identify
a part-time Executive Director,including potential budget amendment,for consideration at a
subsequent Board meeting.
The Executive Director would report to the RBRA board,supervise the Harbor Administrator and
coordinate with the various agencies involved with Richardson's Bay. The Executive Director would also
engage the MCSO,SPD and possibly the Coast Guard in discussions of protocols for assisting the Harbor
Administrator with the above enforcement activities. Finally, an Executive Director would likely convene
an RBRA working group to meet every two weeks with staff,legal counsel,representatives of the
member agencies,and MCSO and SPD to coordinate the work, problem-solve and monitor actions and
4
outcomes. Outreach to other agencies,including BCDC, responsible for or with interest in management
of harbors, bays and anchorages elsewhere in California,would be undertaken to determine best
practices and lessons learned.
RECOMMENDED ACTION: Staff recommends that RBRA approve the enhanced enforcement strategy as
outlined in this report. The focus of these efforts would be on unoccupied, unseaworthy vessels,
unregistered vessels, and unattended and illegal equipment before dealing with the larger issues
surrounding residential uses of Richardson's Bay. Staff would report progress relative to the identified
goals of:
1. Identifying and removing an estimated additional 30 unoccupied vessels that are unseaworthy
and deemed "marine debris," pursuant to H&N Code Section 550(b);
2. Identifying and removing approximately 60 unattended mooring balls/floats, beginning with a
notice/warning campaign;and
3. Coordinating to ensure current registration of vessels.
In the meantime,Staff recommends continued coordination with the working group of City/Town
Managers to identify an Executive Directorto serve for the balance of FY 2016-17 and 2017-18 and
ensuring the Agency can coordinate and operate effectively,including prioritizing current year
abatements and implementing the enhanced enforcement initiatives.
FINANCIAL IMPACT: $20,000 increased Member Contributions to support the enhanced enforcement
initiatives. Consistent with the JPA Agreement, an enhancement to the budget will require unanimous
consent.
ALTERNATIVE POLICY OPTION: Reject the recommended enhanced enforcement strategy,and direct
Staff to administer the Agency and enforce its provisions as best as possible within existing budget.
5
Attachment A
RICHARDSON'S BAY REGIONAL AGENCY(RBRA)
Current Year(FY 2016/17)Enforcement Enhancement Budget Change Proposal(BCP)
Overview
The Marin County Sheriffs Office Marine Patrol(MCSO)and the Sausalito Police Department Marine Patrol(SPD)will workjointly with the
RBRA Harbor Administrator to remove unoccupied marine debris and unattended/unused mooring balls and floats in their initial
enhanced enforcement efforts,as well as continue existing patrols to enforce vessel registration requirements.
The MCSO will be responsible for identifying and removing unoccupied marine debris from the waters under the jurisdiction of the RBRA.
The SPD will be responsible for identifying and removing unattended mooring balls/floats from RBRA waters as well.
SPD will initiate the efforts in advance with a public notice and community meetingloutreach campaign.
Goals
Tlie goals of this proposed enhanced enforcement Initiative are as follows:
(1) MCSO will identify and remove an additional 30 unoccupied vessels that are unseaworthy and deemed"marine debris,"
pursuant to H&N Code Section 550(b).
(2) SPD will remove approximately 60 unattended mooring balls/floats overthe next5-6 months,beginning with a notice/
warning campaign.
(3) MCSO and SPD will coordinate to ensure current registration of vessels(within existing budget)
The MCSO will accomplish Its contribution toward the Marine Debris initiative within their budgeted full-time marine patrols with an"in-
kind"contribution of$19,500. The physical abatement and destruction of the identified marine debris may cost up to$60,000,which will
be covered by the RBRA State DBW grant.
The SPD Marine Patrol operates on a part-time,overtime-only budget and will require an additional$10,000 to cover its costs of removing
the unattended mooring balls/floats. The physical abatement and destruction of those balls/floats will be covered by a$129,000 grant
the City of Sausalito holds from the Division of Boating and Waterways(DBW). The required 10%match obligation over the 24 month
grant period will be met through in-kind services provided by the City of Sausalito.
Cost Detail
Cost estimates are summarized on the following page,including an additional$10,000 associated with legal research and defense.
Attachment A
Initiative Uses Sources Net Cost Comment/Note
(1) Marine Debris Enforcement
• MCSO staff time(2 Deputy Sheriffs)' $19,500 ($19,500) ($0) (In-kind contribution)
• Costs to crush additional 30 items of marine debris' $60,000 ($60,000) ($0) RBRA State DBW grant
(2) Mooring Balls/Float Enforcement
• RBRA contract with dive specialists $10,000 ($10,000) ($0) SPD State DBW grant
• SPD staff time('Officer)required $10,000 TBD $10,000 RBRA Member contribution
• SPD administrative times $12,900 ($12,900) ($0) (In-kind contribution)
(3) Legal Research and Defense $10,000 TBD $10,000 RBRA Member contribution
Total Cost $122,400 ($102,400) $20,000 (RBRA Member Contribution)
'$19,500"in-kind"contribution=$47 hourly rate x 2.0 FTE x B hours per patrol x 26 weeks.
'$60,000 destruction estimate=$2,000 on average per vessel x 30 vessels.
'$10,000 contract with dive specialist=60 balls or floats est.volume/3 per hour x$500-$600 hourly rate(depending on complexity).
$10,000 SPD staff time=$50 hourly rate x 1.0 FTE x 8 hours per patrol x 26 weeks.
'$12,900 SPD'In-kind'contribution=$129,000 grant x 10%match obligation.
Costs related to research of marine debris statute,RBRA regulations,and costs associated with litigation.
Attachment A
$10,000 Increased Member Contribution Required
Adopted FY Adopted FY Add'I Contrib. Revised
JURISDICTION 15-16 16-17 per BCP FY 16-17 %Inc.
CONTRIBUTION PERCENT(%) Contribution
MILL VALLEY (5%) $13,455 $13,455 $1,000 $14,455 7.4%
BELVEDERE(7.5%) $20,183 $20,183 $1,500 $21,683 7.4%
TIBURON(10%) $26,910 $26,910 $2,000 $28,910 7.4%
SAUSALITO(35%) $94,185 $94,185 $7,000 $101,185 7.4%
MARIN COUNTY (42.5%) $114,368 $114,368 $8,500 $122,868 7.4%
TOTAL $269,100 $269,100 $20,000 $289,100 7.4%
DIGEST
SANITARY DISTRICT NO. 5 OF MARIN COUNTY AIA .3
2001 Paradise Drive
Tiburon, California 94920
AGENDA
Capital Improvement Program Committee Special Meeting
Tuesday, December 6th, 2016, 9:30 a.m.
I. Roll Call
II. Public Comments
III. New Business
1. Review Nute Engineering's 100% Submittal on FY2016-2017 Sewer
Rehabilitation Project for Tiburon & Belvedere and Completed Bid
Package
IV. Adjournment
This Conmtittee n+av be attended by Board:11embers who do not serve on this committee. In the event that a quorum of the
entire Board is present, This Committee shall act as a Committee of the Whole. In either case, any hent acted upon by the
Committee or the Committee ofthe Whole will require consideration and action by the full Board of Directors as a prerequisite
to its legal enacanent.
Accessible public meetings: Upon request.the District will provide written agenda nmterials in appropriate ahernate formats,
or disability-related modification or accommodation, including auxiliary aids or services, to enable individual with disabilities
to participate in public meetings. Requests are to be submitted in writing to the Administrative/Finance Specialist at Post
Office Box 117, Tiburon CA 99910 at-rdahrmantta ani5.org at least Avo days prior to the meeting.
T:\Board\Commiuees%C1 P Comminee\Agendas\2016 12 06 CIP Comm Mng Agenda RD TR JC.doc