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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.................................. . 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