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Home My WebLink AboutTC Agd Pkt 2021-10-06 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council October 6, 2021 Special JOINT Planning Commission Meeting – 5:00 P.M. Special Town Council Meeting – 5:30 P.M. TIBURON TOWN COUNCIL AGENDA CORONAVIRUS (COVID-19) ADVISORY NOTICE Consistent with Executive Orders No. N-25-20 and No. N-29-20 from the Executive Department of the State of California, the Town Council meeting will not be physically open to the public and all Council Members will be teleconferencing into the meeting. To maximize public safety while still maintaining transparency and public access, members of the public can access the meeting by following the meeting live at: Audio/Video Webinar: https://us06web.zoom.us/j/84384788396 Webinar ID: 843 8478 8396 Call-in Number: +1 669 900 6833 Access Code: 843 8478 8396 Instructions for providing public comment live during the meeting using Zoom are linked on the Town’s website and to this agenda. Members of the public may provide public comment by sending comments to the Town Clerk by email at comments@townoftiburon.org. Comments received prior to the start of the Council meeting will be distributed electronically to the Town Council and posted on the Town’s website. Comments received after the start time of the Council meeting, but prior to the close of public comment period for an item, will then be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Mayor’s discretion. All comments read into the record should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record. Any member of the public who needs accommodations should email or call the Town Clerk who will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the Town’s procedure for resolving reasonable accommodation requests. All reasonable accommodations offered will be listed on the Town’s website at www.townoftiburon.org. SPECIAL TOWN COUNCIL/PLANNING COMMISSION JOINT MEETING – 5:00 P.M. CALL TO ORDER AND ROLL CALL Town Council: Councilmember Fredericks, Councilmember Ryan, Vice Mayor Welner, Mayor Thier Planning Commission: Commissioner Amir, Commissioner Defever, Commissioner Wood, Vice Chair Williams, Chair Tsai ORAL COMMUNICATIONS Persons wishing to address the Town Council or Planning Commission 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. PRESENTATION P-1. Introduction and Welcome to Kimberly McGrath, Reed Union School District Superintendent DISCUSSION ITEMS DI-1. Possible discussion items include current topics before the Planning Commission and the Town Council, including Accesory Dwelling Units (ADU’s), the ongoing update to General Plan, integration of diversity and inclusion in planning functions, and any other items Commission or Council members would like to discuss. This is meant to be an informal session for the Town Council and for the Planning Commission to speak to each other and identify how we can assist each other in better serving Tiburon residents ADJOURNMENT – to special meeting SPECIAL TOWN COUNCIL MEETING – 5:30 P.M. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Ryan, Vice Mayor Welner, Mayor Thier 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. 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. CC-1. Town Council Minutes – Adopt minutes for September 1, 2021 special and regular Town Council meetings (Department of Administrative Services) CC-2. Investment Summary – Adopt investment summary for month ending July 31, 2021 (Department of Administrative Services) CC-3. Investment Summary – Adopt investment summary for month ending August 31, 2021 (Department of Administrative Services) CC-4. AB 361 Resolution – Consider adopting a resolution authorizing teleconference meetings in compliance with AB 361 to continue to allow members of the public to safely participate in local government meetings (Department of Administrative Services) ACTION ITEMS AI-1. McKegney Green Use Policy – Consider revisions to the McKegney Green Use Policy as recommended by the Parks, Open Space and Trails Commission or provide direction to staff on desired revisions (Department of Public Works) TOWN COUNCIL REPORTS TOWN MANAGER REPORT ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the 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 and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town’s website, www.townoftiburon.org. 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. Page 1 of 4 Tiburon Town Council Minutes #16-2021 DRAFT September 1, 2021 TOWN COUNCIL SPECIAL & REGULAR MEETING DRAFT MINUTES Consistent with Executive Orders No. N-25-20 and N-29-20 from the Executive Department of the State of California, councilmembers attended this meeting by teleconference. Members of the public were invited to participate in the meeting by live-streaming the meeting on the Town’s website and submitting comments to comments@townoftiburon.org to be included in the public record for the meeting. SPECIAL MEETING – 4:00 P.M. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Ryan, Vice Mayor Welner, Mayor Thier CLOSED SESSION 1.CONFERENCE WITH PROPERTY NEGOTIATORSProperty: (500 Tiburon Boulevard)Town Negotiator: (Town Manager and Town Attorney)Negotiating Parties: (Richardson Bay Sanitation District) Under Negotiations: (Concerning prices and terms of payment) 2.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION(Paragraph (1) of subdivision (d) of Section 54956.9)Name of Case: (Application of Blue & Gold Fleet, L.P. For Authorization to Discontinue Scheduled Passenger Transport Service, Public Utilities Commission, Application No. 20-09-005) INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS •James Malott (Design Review Board – 1 vacancy) •Dan Emerson (Belvedere-Tiburon Joint Recreation Committee – 1 vacancy) •Eddy Dominguez (Belvedere-Tiburon Joint Recreation Committee – 1 vacancy) ADJOURNMENT – to regular meeting REGULAR MEETING – 5:00 P.M. Mayor Thier called the regular meeting of the Tiburon Town Council to order at 5:00 p.m. on Wednesday, September 1, 2021. CALL TO ORDER AND ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Ryan, Thier, Welner CC-1 DR A F T Page 2 of 4 Tiburon Town Council Minutes #16-2021 DRAFT September 1, 2021 ABSENT: COUNCILMEMBERS: One Vacant Seat PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Community Development Tasini, Director of Administrative Services Creekmore, Accounting & HR Technician Bartlett, Town Clerk Stefani ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY None. ORAL COMMUNICATIONS There were none. PRESENTATIONS P-1. Introduction of New Town Staff – Allison Bartlett, Accounting & Human Resources Technician CONSENT CALENDAR CC-1. Town Manager Employment Agreement – Adopt resolution authorizing fifth amendment to the Town Manager’s Employment Agreement (Office of the Town Attorney) CC-2. Town Council Minutes – Adopt minutes for August 4, 2021 special and regular Town Council meetings (Department of Administrative Services) CC-3. Town Council Minutes – Adopt minutes for August 11, 2021 special and regular Town Council meetings (Department of Administrative Services) CC-4. Town Council Minutes – Adopt minutes for August 18, 2021 special and regular Town Council meetings (Department of Administrative Services) CC-5. Vacancies on Town Boards & Commissions – Announce special vacancy on Marin Commission on Aging (Department of Administrative Services) MOTION: To adopt Consent Calendar Items No. 1-5, as written. Moved: Ryan, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat ACTION ITEMS DR A F T Page 3 of 4 Tiburon Town Council Minutes #16-2021 DRAFT September 1, 2021 AI-1. Appointments to Town Boards & Commissions – Consider appointments to the Design Review Board and the Belvedere-Tiburon Joint Recreation Committee (“The Ranch”) Board of Directors (Department of Administrative Services) MOTION: To appoint Jim Malott to the Design Review Board. Moved: Welner, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat MOTION: To appoint Eddy Dominguez to the Belvedere-Tiburon Joint Recreation Committee Board of Directors. Moved: Fredericks, seconded by Thier VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat AI-2. Donahue Building Window Replacement Project – Consider request by the Landmarks Society to waive building permit fees for a restoration project at the Donahue Building and request for the Town to make a financial contribution to the project (Office of the Town Manager) MOTION: To approve the fee waiver application in the full fee amount. Moved: Fredericks, seconded by Ryan VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat MOTION: To authorize a $6,000 contribution toward the project and authorize a budget amendment in the same amount with the source of funds being the General Fund Operating Reserves. Moved: Ryan, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat PUBLIC HEARINGS PH-1. 1704 Tiburon Boulevard – Consider appeal by K2 Properties, LLC of the Community Development Director’s interpretation of the Town’s Zoning Ordinance (Community Development Department) Owner/Appellant: K2 Properties, LLC Address: 1704 Tiburon Boulevard Assessor Parcel No.: 059-102-17 MOTION: To grant the appeal and allow the yacht brokerage at 1704 Tiburon Boulevard. Moved: Thier, seconded by Welner VOTE: AYES: Ryan, Thier, Welner NAYS: Fredericks DR A F T Page 4 of 4 Tiburon Town Council Minutes #16-2021 DRAFT September 1, 2021 ABSENT: One Vacant Seat DISCUSSION ITEMS D-1. General Plan Diversity Element – Discussion of recommendation by the Diversity Inclusion Task Force to add a Diversity Element to the Town’s General Plan. No action taken. TOWN COUNCIL REPORTS Mayor Thier said she would be following up with the Council about scheduling a Town Council retreat. TOWN MANAGER REPORT TM-1. CARES Act Funding – The Town Manager will give an update to the Council related to allowable spending of CARES Act funding. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Thier adjourned the meeting at 7:50 p.m. HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK DR A F T TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Recommendation to Accept the July 2021 Investment Summary Reviewed By: _________ Greg Chanis, Town Manager n/a ________ Benjamin Stock, Town Attorney SUMMARY Staff provides the Town Council a monthly report on the Town’s investment activity. This report is for the month ended July 31, 2021. RECOMMENDED ACTION(S) 1. Staff recommends that the Town Council move to accept the Investment Summary for July 2021 BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town’s investment activities for the monthly period ended July 31, 2021. All of the funds listed below are on deposit with the Local Agency Investment Fund (LAIF). ANALYSIS July 2021 Agency Investment Amount Interest Rate Maturity Local Agency Investment Fund (LAIF) – Beginning Balance as of 07/01/2021 $22,868,541.43 0.221 % Liquid Deposits 1,100,000.00 Withdrawals (2,000,000.00) Interest Earnings (Posted Quarterly) 18,415.44 Total Ending Balance as of 07/31/2021 $21,986,956.87 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting October 6, 2021 Agenda Item: CC-2 Town Council Meeting October 6, 2021 TOWN OF TIBURON PAGE 2 OF 2 The total invested at the end of the prior month was $22,868,541.43. Accrued interest for the quarter ending June 30, 2021 in the amount of $18,415.44 was posted on 7/15/2021. In addition to the funds on deposit with LAIF, the Town invests funds in two Section 115 Irrevocable Trusts for Other Post-Employment Benefits and pension obligations. These trusts are administered by Public Agency Retirement Services (PARS). The PARS July 2021 Statement is attached to this report as Exhibit 1. FINANCIAL IMPACT No financial impact occurs by accepting this report. The Town continues to meet the priority principles of investing – safety, liquidity and yield in this respective order. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Move to accept the Investment Summary for July 2021 Exhibit(s): 1. PARS Section 115 Trust Account Summary for July 2021 Prepared By: Suzanne Creekmore, Director of Administrative Services Plan Summary Beginning Plan Value as of 07/01/2021 $4,887,468.28 Change in Plan Value $33,409.38 Ending Plan Value as of 07/31/2021 $4,920,877.66 Activity Summary by Source Balance on Balance on Source 07/01/2021 Contributions Earnings Expenses Distributions Transfers 07/31/2021 OPEB $3,102,061.28 $0.00 $21,623.04 $(1,507.95)$0.00 $0.00 $3,122,176.37 PENSION $1,785,407.00 $0.00 $14,163.42 $(869.13)$0.00 $0.00 $1,798,701.29 Totals $4,887,468.28 $0.00 $35,786.46 $(2,377.08)$0.00 $0.00 $4,920,877.66 Transactions for the Period Source Date Description Amount OPEB 07/29/2021 INTER-ACCOUNT TRANSFER IN $646.26 OPEB 07/29/2021 INTER-ACCOUNT TRANSFER OUT $(646.26) OPEB 07/29/2021 TRUST ADMINISTRATOR FEES $(646.26) OPEB 07/30/2021 ASSET MGMT FEES $(861.69) OPEB 07/31/2021 ACCOUNT GAINS/(LOSSES)$21,623.04 PENSION 07/29/2021 INTER-ACCOUNT TRANSFER IN $371.96 PENSION 07/29/2021 INTER-ACCOUNT TRANSFER OUT $(371.96) PENSION 07/29/2021 TRUST ADMINISTRATOR FEES $(371.96) PENSION 07/30/2021 ASSET MGMT FEES $(497.17) PENSION 07/31/2021 ACCOUNT GAINS/(LOSSES)$14,163.42 Investment Selection Source Selected Investment OPEB HighMark Index PLUS Balanced PENSION HighMark Index PLUS Moderately Conservative Elena Kurakina TOWN OF TIBURON Town of Tiburon PARS PAPEBT Monthly Account Report for the Period 07/01/2021 to 07/31/2021 4350 Von Karman Ave., Ste. 100, Newport Beach, CA 92660-2043 phone 800.540.6369 fax 949.250.1250 www.pars.org Page 1 of 2 Investment Objective Selected Investment Description HighMark Index PLUS Balanced The dual goals of the Balanced Strategy are growth of principal and income. While dividend and interest income are an important component of the objective's total return, it is expected that capital appreciation will comprise a larger portion of the total return. The portfolio will be allocated between equity and fixed income investments. HighMark Index PLUS Moderately Conservative The dual goals of the Moderately Conservative Strategy are current income and moderate capital appreciation. The major portion of the assets is committed to income-producing securities. Market fluctuations should be expected. Investment Performance Annualized Return Inception Source 1-Month 3-Month 1-Year 3-Years 5-Years 10-Years Date OPEB 0.70%2.68%20.78%10.90%--09/15/2016 PENSION 0.79%2.23%9.80%8.23%--07/10/2018 Information as provided by US Bank, Trustee for PARS. Investments are NOT insured by the FDIC or by any other Federal Government Agency, are NOT Bank deposits, are NOT guaranteed by the Bank or any Bank affiliate, and MAY lose value, including possible loss of principal. Past performance does not guarantee future results. Account balances are inclusive of Trust Administration, Trustee and Investment Management fees if applicable. Performance returns may not reflect the deduction of applicable fees, which could reduce returns. Annualized Return is the return on an investment over a period other than one year multiplied or divided to give a comparable one-year return. Information is deemed reliable but may be subject to change. The plan's Rate of Return may differ from the rate of return in the above linked document. Reasons for the difference may include the timing of transactions into and out of the plan, the duration of time the plan's funds reside in the sweep account and differences in the methodology used to calculate performance. Elena Kurakina TOWN OF TIBURON Town of Tiburon PARS PAPEBT Monthly Account Report for the Period 07/01/2021 to 07/31/2021 4350 Von Karman Ave., Ste. 100, Newport Beach, CA 92660-2043 phone 800.540.6369 fax 949.250.1250 www.pars.org Page 2 of 2 TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Recommendation to Accept the August 2021 Investment Summary Reviewed By: _________ Greg Chanis, Town Manager n/a ________ Benjamin Stock, Town Attorney SUMMARY Staff provides the Town Council a monthly report on the Town’s investment activity. This report is for the month ended August 31, 2021. RECOMMENDED ACTION(S) 1. Staff recommends that the Town Council move to accept the Investment Summary for August 2021 BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town’s investment activities for the monthly period ended August 31, 2021. All of the funds listed below are on deposit with the Local Agency Investment Fund (LAIF). ANALYSIS August 2021 Agency Investment Amount Interest Rate Maturity Local Agency Investment Fund (LAIF) – Beginning Balance as of 08/01/2021 $21,986,956.87 0.221 % Liquid Deposits 0.00 Withdrawals 0.00 Interest Earnings (Posted Quarterly) 0.00 Total Ending Balance as of 08/31/2021 $21,986,956.87 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting October 6, 2021 Agenda Item: CC-3 Town Council Meeting October 6, 2021 TOWN OF TIBURON PAGE 2 OF 2 The total invested at the end of the prior month was $21,986,956.87. Interest is posted by LAIF quarterly and will be reported on the October 2021 statement. In addition to the funds on deposit with LAIF, the Town invests funds in two Section 115 Irrevocable Trusts for Other Post-Employment Benefits and pension obligations. These trusts are administered by Public Agency Retirement Services (PARS). The PARS August 2021 Statement is attached to this report as Exhibit 1. FINANCIAL IMPACT No financial impact occurs by accepting this report. The Town continues to meet the priority principles of investing – safety, liquidity and yield in this respective order. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Move to accept the Investment Summary for August 2021 Exhibit(s): 1. PARS Section 115 Trust Account Summary for August 2021 Prepared By: Suzanne Creekmore, Director of Administrative Services TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Administrative Services Department Subject: Consider Adopting Resolution Authorizing Teleconference Meetings In Compliance With Ab 361 (Government Code Section 54953(E)) To Continue To Allow Members Of The Public To Safely Participate In Local Government Meetings Reviewed By: _________ Greg Chanis, Town Manager _________ Benjamin Stock, Town Attorney SUMMARY Council will consider adopting a Resolution which, pursuant to the requirements of AB 361, will allow the Town Council and town Boards and Commissions to hold entirely virtual board meetings during the current pandemic, while California is in a proclaimed state of emergency. RECOMMENDED ACTION(S) Staff recommends that Town Council adopt a Resolution (Exhibit 2) authorizing teleconference meetings in compliance with ab 361 (government code section 54953(e)) to continue to allow members of the public to safely participate in local government meetings. BACKGROUND Since the onset of the COVID-19 pandemic in early 2020, agencies subject to provisions of the Ralph M. Brown Act (Brown Act) have been allowed to conduct virtual public meetings. This authority was granted by the Governor through a series of Executive Orders, the most recent of which expired on September 30, 2021. However, the Brown Act has now been amended to allow fully virtual board meetings during a state of emergency after the Governor signed Assembly Bill 361 into law on September 16, 2021. A copy of the full text of AB 361 is attached as Exhibit 1. AB 361 went into effect immediately, and it amends Section 54953 of the Brown Act to allow virtual board meetings through January 1, 2024 in any of the following circumstances: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting October 6, 2021 Agenda Item:CC-4 Town Council Meeting October 6, 2021 TOWN OF TIBURON PAGE 2 OF 3 1. The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. 2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. 3. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. These circumstances allow agencies to hold entirely virtual board meetings during the current pandemic, while California is in a proclaimed state of emergency. The previous teleconference rules under the Brown Act also remain in place, but are not as flexible. In order to continue to hold virtual meetings when a state of emergency remains active, the board must make findings every 30 days that 1) the board has reconsidered the circumstances of the state of emergency and 2) the state of emergency continues to directly impact the ability of the members to meet safely in person or state or local officials continue to impose or recommend measures to promote social distancing. Staff has prepared a draft resolution (EXHIBIT 2) for Council consideration which will satisfy these requirements. ANALYSIS No further analysis is provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). Town Council Meeting October 6, 2021 TOWN OF TIBURON PAGE 3 OF 3 RECOMMENDATION Staff recommends that the Town Council adopt a Resolution (Exhibit 2) authorizing teleconference meetings in compliance with ab 361 (government code section 54953(e)) to continue to allow members of the public to safely participate in local government meetings. Exhibit(s): 1. AB 361-Full Text 2. Draft Resolution Prepared By: Greg Chanis, Town Manager Assembly Bill No. 361 CHAPTER 165 An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately. [Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021.] legislative counsel’s digest AB 361, Robert Rivas. Open meetings: state and local agencies: teleconferences. (1) Existing law, the Ralph M. Brown Act requires, with speciﬁed exceptions, that all meetings of a legislative body of a local agency, as those terms are deﬁned, be open and public and that all persons be permitted to attend and participate. The act contains speciﬁed provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public. The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as deﬁned. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that speciﬁed actions taken by a legislative body are null and void. Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under speciﬁed circumstances. Executive Order No. N-29-20 suspends the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly 92 STATE OF CALIFORNIAAUTHENTICATED ELECTRONIC LEGAL MATERIAL resolving requests for reasonable accommodation for individuals with disabilities, as speciﬁed. This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is deﬁned, when state or local health ofﬁcials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided. This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as speciﬁed. This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as speciﬁed. When there is a continuing state of emergency, or when state or local ofﬁcials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make speciﬁed ﬁndings not later than 30 days after the ﬁrst teleconferenced meeting pursuant to these provisions, and to make those ﬁndings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures. Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person’s name, or to provide other information, or to fulﬁll any condition precedent to the person’s attendance. 92 —2 — Ch. 165 This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body. (2) Existing law, the Bagley-Keene Open Meeting Act, requires, with speciﬁed exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location speciﬁed in the notice of the meeting. The Governor’s Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as speciﬁed. This bill, until January 31, 2022, would authorize, subject to speciﬁed notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided. (3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses. The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as deﬁned, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as deﬁned, for the beneﬁt of the public and the legislative body in connection with any meeting or proceeding authorized by law. This bill, until January 31, 2022, would authorize, subject to speciﬁed notice and accessibility requirements, a legislative body, as deﬁned for purposes of the act, to hold public meetings through teleconferencing and 92 Ch. 165—3 — to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location. Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided.The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided. (4) This bill would declare the Legislature’s intent, consistent with the Governor’s Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options. (5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill andAB 339 are enacted and this bill is enacted last. (6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public ofﬁcials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains ﬁndings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative ﬁndings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public ofﬁcials and agencies be adopted with ﬁndings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative ﬁndings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute. The people of the State of California do enact as follows: SECTION 1. Section 89305.6 is added to the Education Code, to read: 89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing 92 —4 — Ch. 165 and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. (b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended. (2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended: (A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identiﬁed in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the legislative body at each teleconference conference location. (D) Post agendas at all teleconference locations. (E) At least one member of the legislative body be physically present at the location speciﬁed in the notice of the meeting. (c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisﬁed any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following: (1) Implement a procedure for receiving and swiftly resolving requests for reasonable modiﬁcation or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following: (1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. 92 Ch. 165—5 — (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body’s internet website. (f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed. SEC. 2. Section 11133 is added to the Government Code, to read: 11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. (b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended. (2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended: (A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identiﬁed in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the state body at each teleconference conference location. (D) Post agendas at all teleconference locations. (E) At least one member of the state body be physically present at the location speciﬁed in the notice of the meeting. (c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically 92 —6 — Ch. 165 or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisﬁed any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following: (1) Implement a procedure for receiving and swiftly resolving requests for reasonable modiﬁcation or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following: (1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’s internet website. (f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed. SEC. 3. Section 54953 of the Government Code is amended to read: 92 Ch. 165—7 — 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the beneﬁt of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a speciﬁc type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body.All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identiﬁed in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or ﬁnal. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking ﬁnal action, the legislative body shall orally report a summary of a recommendation for a ﬁnal action on the salaries, salary schedules, or compensation paid in the form of fringe beneﬁts of a local agency executive, as deﬁned in subdivision (d) of Section 3511.1, during the open meeting in which the ﬁnal action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. 92 —8 — Ch. 165 (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identiﬁed in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority.A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances: (A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local ofﬁcials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following: (A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. 92 Ch. 165—9 — In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1. (E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a speciﬁc agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. 92 —10 — Ch. 165 (3) If a state of emergency remains active, or state or local ofﬁcials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the ﬁrst time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following ﬁndings by majority vote: (A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist: (i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local ofﬁcials continue to impose or recommend measures to promote social distancing. (4) For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. SEC. 3.1. Section 54953 of the Government Code is amended to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the beneﬁt of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a speciﬁc type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body.All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identiﬁed in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body 92 Ch. 165—11 — shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or ﬁnal. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking ﬁnal action, the legislative body shall orally report a summary of a recommendation for a ﬁnal action on the salaries, salary schedules, or compensation paid in the form of fringe beneﬁts of a local agency executive, as deﬁned in subdivision (d) of Section 3511.1, during the open meeting in which the ﬁnal action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identiﬁed in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority.A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 92 —12 — Ch. 165 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances: (A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local ofﬁcials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following: (A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1. (E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for 92 Ch. 165—13 — the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a speciﬁc agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local ofﬁcials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the ﬁrst time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following ﬁndings by majority vote: (A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist: (i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local ofﬁcials continue to impose or recommend measures to promote social distancing. (4) For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. SEC. 4. Section 54953 is added to the Government Code, to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting 92 —14 — Ch. 165 of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the beneﬁt of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a speciﬁc type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body.All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identiﬁed in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations (c) (1) No legislative body shall take action by secret ballot, whether preliminary or ﬁnal. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking ﬁnal action, the legislative body shall orally report a summary of a recommendation for a ﬁnal action on the salaries, salary schedules, or compensation paid in the form of fringe beneﬁts of a local agency executive, as deﬁned in subdivision (d) of Section 3511.1, during the open meeting in which the ﬁnal action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, 92 Ch. 165—15 — members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identiﬁed in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority.A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024. SEC. 4.1. Section 54953 is added to the Government Code, to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the beneﬁt of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a speciﬁc type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body.All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the 92 —16 — Ch. 165 legislative body of a local agency. Each teleconference location shall be identiﬁed in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or ﬁnal. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking ﬁnal action, the legislative body shall orally report a summary of a recommendation for a ﬁnal action on the salaries, salary schedules, or compensation paid in the form of fringe beneﬁts of a local agency executive, as deﬁned in subdivision (d) of Section 3511.1, during the open meeting in which the ﬁnal action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identiﬁed in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority.A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint 92 Ch. 165—17 — powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024. SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative ﬁrst, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative. SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor’s Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic. SEC. 7. The Legislature ﬁnds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public ofﬁcials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following ﬁndings: This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies. SEC. 8. (a) The Legislature ﬁnds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings. 92 —18 — Ch. 165 (b) The Legislature ﬁnds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public’s right of access to the meetings of public bodies or the writings of public ofﬁcials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following ﬁndings to demonstrate the interest protected by this limitation and the need for protecting that interest: (1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location of each public ofﬁcial participating in a public meeting remotely, including from the member’s private home or hotel room, this act protects the personal, private information of public ofﬁcials and their families while preserving the public’s right to access information concerning the conduct of the people’s business. SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and ﬁre protection to their constituents during public health, wildﬁre, or other states of emergencies, it is necessary that this act take effect immediately. O 92 Ch. 165—19 — EXHIBIT 2 TOWN OF TIBURON RESOLUTION NO. _____ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AND ON BEHALF OF COMMISSIONS AND COMMITTEES CREATED BY THE TOWN COUNCIL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54952(b) AUTHORIZING TELECONFERENCE MEETINGS IN COMPLIANCE WITH AB 361 (GOVERNMENT CODE SECTION 54953(e)) TO CONTINUE TO ALLOW MEMBERS OF THE PUBLIC TO SAFELY PARTICIPATE IN LOCAL GOVERNMENT MEETINGS WHEREAS, the Town Council is committed to ensuring public access to observe and participate in local government meetings; and WHEREAS, all meetings of the Town Council and other legislative bodies created pursuant to Government Code Section 54952(b) are open and public, as required by the Ralph M. Brown Act, so that any member of the public may participate in local government meetings; and WHEREAS, the recently adopted AB 361, codified at Government Code section 54953(e), makes provisions for remote teleconferencing participation in local government meetings, without compliance with the requirements of 54953(b)(3), during a Governor-proclaimed state of emergency and if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency due to the outbreak of respiratory illness due to a novel coronavirus (now known as COVID-19) and that State of Emergency is still in effect in the State of California; and WHEREAS, on March 3, 2020, Marin County declared a local emergency due to the COVID-19; and WHEREAS, on March 16, 2020, the Town Manager proclaimed the existence of a local state of emergency within the Town, pursuant to Section 21-6 of the Tiburon Municipal Code and Section 8625 of the California Emergency Services Act in response to the COVID-19 pandemic, which was ratified by the Town Council on March 18, 2020; and WHEREAS, COVID-19 continues to threaten the health and lives of Town residents; and WHEREAS, the SARS-CoV-2 Delta Variant (Delta Variant) is highly transmissible in indoor settings; and WHEREAS, on July 28, 2021, the California Department of Public Health issued guidance calling for the use of face coverings and stating that the Delta Variant is two times as contagious as early COVID-19 variants, leading to increasing infections, the Delta Variant accounts for over 80% of cases sequenced, and cases and hospitalizations of COVID-19 are rising throughout the state; and WHEREAS, the Delta Variant has caused, and will continue to cause, conditions of imminent peril to the health safety of persons within the Town; an WHEREAS, the Town Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees and other bodies that were created by the Town Council pursuant to Government Code section 54952(b) (collectively referred to as “Legislative Bodies”), finds that the current conditions meet the circumstances set forth in Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate in and observe local government meetings. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that the Town Council does hereby: 1. Find that Current Conditions Authorize Teleconference Public Meetings of Legislative Bodies. Based on the California Governor’s continued declaration of a State of Emergency and current conditions, the Town Council finds that meeting in person would present imminent risks to the health or safety of attendees, such that the conditions continue to exist pursuant to Government Code section 54953(e)(3) to allow Legislative Bodies to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings. 2. Authorize Legislative Bodies to Conduct Teleconference Meetings. The Legislative Bodies are hereby authorized to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act. PASSED AND ADOPTED at a regular meeting of the Town Council on September 1, 2021, by the following vote: AYES: NAYS: ABSENT: __________________________ HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST: ____________________________ LEA STEFANI, TOWN CLERK TOWN OF TIBURON PAGE 1 OF 4 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Potential Changes to McKegney Green Field Use Policy Reviewed By: _________________________ Greg Chanis, Town Manager ________________________ Benjamin Stock, Town Attorney SUMMARY Council will be considering proposed changes to the McKenney Green Field Use Policy RECOMMENDED ACTION(S) Staff recommends that the Town Council: Receive the Staff Report and Presentation, hear any public comment and: 1. Approve some or all changes to the Adopted McKegney Green Field Use Policy, or 2. If Council is not prepared to decide this matter this evening, they should direct staff to place the item on a future agenda and indicate what additional information is needed for Council to make decision. BACKGROUND In 1974 the Town constructed a sports playfield at McKegney Green and for years the primary organized user of that field was Tiburon Peninsula Soccer Club (TPSC) for children’s soccer. In 2012, the Southern Marin Lacrosse Club (SML) also requested use of the field for practices, spurring the preparation of an "interim" McKegney Green Use Policy for the 2013 sports season that allocated times to the TPSC, SML and St. Hilary School. In February 2013, the Town retained professional consultants, The Sports Management Group (TSMG), to prepare a report and draft a Use and Management Policy. TSMG's final report was released in August 2013, and the Parks, Open Space and Trails Commission (POST) considered the draft policy at meetings in September and November of 2013 and on April 30, 2014. At the April 2014 meeting, POST voted 3-0 to recommend approval of the draft policy to the Town Council. Town Council approved the existing policy by Resolution 22-2014 on June 18, 2014. This resolution, which includes the approved policy document, is attached as Exhibit 1. In 2018, the Town completed a major renovation of McKegney Green at a cost of approximately $2M, with the field reopened for use in March 2019. Subsequent to the reopening of the field, TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting October 6, 2021 Agenda Item AI-1 Town Council Meeting September 1, 2021 TOWN OF TIBURON PAGE 2 OF 4 staff has been monitoring field conditions and usage. Through this monitoring, staff has noted increased use of the field, the type of users, and inconsistency in monitoring are causing confusion as to how the green is to be managed, primarily related to administrative elements such as fees and priority of usage. Under the current policy, the only organizations that have an approved use of the field are the Tiburon Peninsula Soccer League (TPSL) and Southern Marin Lacrosse (SML). They use the field year-round and will generally inform the Town of weekend tournaments, as this is when parking, restrooms and trash cleanup requirements can spike dramatically. Other recreational users include sun-bathers, casual picnickers, people exercising, and “pick up” team sports. Over the years, we have turned away many requests by potential users who wanted to use the field for a variety of reasons, including a dog parade, family events, church events, meditation walks, soccer camps, and a rugby tournament, to name a few. Based on this information. Staff and the POST conducted a review of the current policy and is asking Council to consider adopting a revised version. ANALYSIS Staff presented initial proposed changes to the policy to POST at their May 5, 2021 meeting, with the proposed changes summarized as follows. • Clarify that dogs are not allowed on McKegney Green (leashed or not). • Clarify that field use permits are required for all sports activities with 15 or more participants. • Clarify that the field is generally closed for sports activities from November 30 to March 15 and the month of July for turf recovery, and that this can be modified by the Town as dictated by turf and environmental conditions. • Clarify that field permits are required for "organized" youth sports, and that priority is given to the sport in season. • Clarify that non-recurring use is defined as three or fewer times per year. • Define what is meant by "organized youth sports" • Update the fees to match current practice of the Town. • Clarify that the field will be closed for 48 hours after measurable rain, at discretion of the Town. • Clarify that Town may close the field at any time due to poor field conditions. At their May 5, 2021 meeting, POST voted to create a subcommittee to work with staff to further study the policy and provide additional proposed changes. The subcommittee consisted of Commission members Hornbrook and McInerney. Some key issues the subcommittee considered were as follows: 1. Who should be allowed to use the field? 2. What are the priorities? 3. What fees should be charged? 4. What are the conditions for use? Town Council Meeting September 1, 2021 TOWN OF TIBURON PAGE 3 OF 4 At the July 6, 2021 meeting of POST, the subcommittee reported out on their findings. Based on these findings, POST supported the majority of staff’s recommended changes, and in addition, recommended the following changes: • Added language that field use shall be "equitable." • Added that "yoga" is non-exclusive recreational use. • Clarify that tobacco products are always prohibited • Clarify that alcohol is prohibited during youth events. • Modify policy to prohibit all golf, including the classes by The Ranch that use soft or whiffle balls. • Modify policy to allow commercial vendors with permission of the Town. • Modify policy to allow amplified sound with permission of the Town. • Modify policy to prohibit ebikes on McKegney Green. • Add a Group 6 priority, lowest priority, for adult soccer when field is not in use. • Clarify the seasons for soccer and lacrosse. • Clarify that fields are available for non-organized drop in use when not reserved. • Reduce length of closure after measurable rain to 24 hours. POST discussed the matter again at their September 21, 2021, where the subcommittee discussed clarifying the use of amplified sound and allowing commercial vendors with permission of the Town. Based on the discussions, POST supported all of the proposed changes made at the July 6, 2021 meeting, and recommended the following: • Recommended to leave the existing policy in place to not allow amplified sound. • Recommended the POST Commission review the Policy on a yearly basis at the May meeting. As part of this work, the subcommittee contacted the TPSC, SML and other Marin Municipalities with athletic fields similar to the Town’s and created a matrix comparing the Town’s current and proposed changes attached as Exhibit 2. Attached as Exhibit 3 is a ‘redlined’ version of the proposed policy. In this version, the staff proposed changes are shown in red font highlighted in yellow, with the POST recommended changes shown in only red font. As established by Town ordinance, the Town Manager is authorized to set forth rules and regulations as deemed proper and necessary to regulate and govern the use, operation, control and maintenance of those parks, open spaces, and recreational lands under the control of the Town. Any such rule or regulation shall be transmitted to any standing advisory body having oversight of parks and/or open spaces, for its review and recommendation to the Town Council. Attached as Exhibit 4 is the final ‘clean’ version of the policy if Town Council chooses to approve all the proposed changes. Staff and the POST Commission have received a number of comments on this matter, with all of the comments received to date attached as Exhibit 5. FISCAL IMPACT Town Council Meeting September 1, 2021 TOWN OF TIBURON PAGE 4 OF 4 Staff anticipates no direct fiscal impact to the Town. The Town is currently charging $70/hr for field use. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: Receive the Staff Report and Presentation, hear any public comment and: 1. Approve some or all proposed changes to the Adopted McKegney Green Field Use Policy, or 2. If Council is not prepared to decide this matter this evening, they should direct staff to place the item on a future agenda and indicate what additional information is needed for Council to make decision. Exhibit(s): 1. Exhibit 1 - TC Res 2014-06-18 2. Exhibit 2 - Other Northern California Athletic Field Policies Matrix 3. Exhibit 3 - Redline version of proposed McKegney Use Policy 4. Exhibit 4 – Final Version of the Proposed Policy 5. Citizen Correspondence Prepared By: David Eshoo, Associate Engineer EXHIBIT 1 L RESOLUTION NO. 22-2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A MCKEGNEY GREEN FIELD USE POLICY WHEREAS, the Town Council recognizes the need adopt a formal written policy addressing the use and management ofMcKegney Green, the only large Town-controlled grass playing field on the Tiburon peninsula; and WHEREAS, in February 2013, the Town retained The Sports Management Group as consultants to research and prepare a draft policy for consideration by the Town; and WHEREAS, the Parks, Open Space & Trails Commission deliberated upon the draft policy at public meetings held on September 17, 2013, November 19, 2013, and April 30, 2014 and has recommended adoption of the Policy to the Town Council; and WHEREAS, the Town Council held a public meeting on this matter on June 18, 2014, at which it heard and considered any public testimony and correspondence; and WHEREAS, the Town Council finds that the policy is consistent with the goals and policies of the Tiburon General Plan and with other applicable regulations of the Town of Tiburon; and WHEREAS, the Town Council finds that adoption of the policy is not a project and is exempt from provisions of the California Environmental Quality Act (CEQA); and NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby adopt the McKegney Green Field Use Policy datedJune 18, 2014. BE IT FURTHER RESOLVED that the Town Council directs the Town Manager to implement the policy and ensure a comprehensive review of the policy is conducted by the Parks, Open Space, and Trails Commission by August 31, 2015. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 18, 2014, by the following vote: AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini NOES: COUNCILMEMBERS: None Tiburon Town Council Resolution No. 22-2014 0611812014 I L L TOWN OF TIBURON MClCEGNEY GREEN FlELD USE POLlCY ADOPTED BY TIBURON TOWN COUNClL JUNE 18, 2014 r ,... :--t ""' r--' • -r--. ,... -;; r· r ·' / -~ -· ~ <1 --.._} ' • ~--__, _,_ ....... ..L ~ ) ...... "-../ ..&... MCKE GNEY GREEN FlELD USE POLICY Introduction The Town of Tiburon is dedicated to nurturing healthy lifestyles, preserving neighborhood quality of life, and protecting the Town's park resources. The Town acknowledges that sports and recreation are a fundamental component of a healthy lifestyle. The Town recognizes that McKegney Green is the only Town-controlled field capable of being used for athletic purposes and is also highly desired by local residents for casual recreational enjoyment. This policy is established to ensure that the McKegney Green is utilized for community, recreational, and athletic functions that serve the needs of the Peninsula, to set clear policies, procedures, regulations, and to establish a rental fee system for permitted exclusive use of the Green. The policy ensures that permitted users are informed of the Town's rules and regulations that govern use of the Green and that such exclusive use must be balanced with the demand for general public recreational use of the Green. Purpose of the Policy The purpose of the McKegney Green Field Use Policy is to: • • • • • • • Ensure that use ofMcKegney Green is balanced between community, recreational, and athletic functions that serve the needs of the Tiburon peninsula. Establish rules, regulations, policies and procedures governing the use ofMcKegney Green Ensure Tiburon peninsula residents have priority access to a facility supported by their tax dollars Collect reasonable fees for the reserved use of McKegney Green in support of its ongoing maintenance and long-term improvement Ensure that decisions regarding the use of the McKegney Green take into account the interests of the surrounding neighborhoods and residents Limit organized sports use of McKegney Green to appropriate youth sports only Maintain the safety of the field conditions and preserve the quality of the Green as a Town resource Non-Permitted Uses ofMcKegney Green L Commercial, for-profit, and/or enterprise uses; commercial vendors; private events; adult sports teams; and simultaneous mixed sports uses are not allowed. Town of Tiburon Public Works I 1505 Tiburon Blvd .. Tiburon, CA 94920 41 5.-135. 7373 I www.townoftiburon.org Adopted by Town Council 6/18/2014 1 I I :-\ ...... ~ ~ ~ .... r . ,,. -A I,.../ .'1·~-"'<../ -- MCKEGNEY GREEN FIELD USE POLICY l Non-Exclusive Public Recreational Use r l L Non-exclusive casual recreational use of McKegney Green by the public is allowed on a first-come, first-served basis during open hours when use of the field is not reserved by a Field Use Permit. Typical uses of this nature include sunbathing, picnicking, kite-flying, casual Frisbee-throwing, dog-walking (on-leash only), and similar uses. No fee or permit is required for such use. General Rules for McKegney Green Use Users ofMcKegney Green shall abide by the following General Rules: (a) All exclusive (reserved) use of the Green must secure a Field Use Permit in advance. (b) No person shall use McKegney Green when it is posted "Field Closed". ( c) Applicable Tiburon Municipal Code provisions shall be obeyed. (d) No unauthorized vehicles shall enter the field area or drive on the grass or paved walkways. (e) Prohibitions on McKegney Green: (1) No alcohol or tobacco products are allowed. (2) No gambling or narcotics are allowed. (3) No portable barbeques, open fires, or fireworks are allowed. ( 4) No glass containers are allowed. (5) No rugby is allowed; golf is limited to classes offered by Belvedere-Tiburon Recreation (The Ranch) that use soft or whiffle-type golf balls. (6) No commercial vendors are allowed. Outside companies or individuals may not be used as concessionaires or vendors by user groups. User groups, with permission of the Town, may sell food and drink at cost. (7) No tents or canopies over 10 feet in height or over 100 square feet in area are allowed. Anchoring must not penetrate the ground surface. (8) No signs are allowed. Temporary banners are permitted during events provided: a. Banners must pertain to the event being held. b. No inappropriate messages may be displayed on the banners. (9) No amplified sound is allowed. Field Use Permit Required Field Use Permits are required for reservation (exclusive use) ofMcKegney Green. Field Use Permits are subject to fee and security deposit requirements, and are typically associated with organized youth sports activities such as soccer and lacrosse, Tiburon peninsula school use, and Town-sponsored or co-sponsored events. Permitted use of the Green more than three (3) times per year by any user Town of Tiburon Public Works I 1505 Tiburon Blvd .• Tiburo11. CA 94920 4 1 5.~35.7373 I www.townoftiburon.org Adopted by Town Council 6/18/2014 2 MCKEGNEY GREEN FlELD USE POLICY group qualifies that group as a "recurring user". The Green is generally closed from approximately November 30th to March 15th for turf recovery purposes. 1. RECURRING USE FIELD REQUEST PERMITTING McKegney Green requests for recurring organized youth sports use are considered once per year for the following year. Field space is awarded on a priority basis in approximately November of each year for the following calendar year. To apply for a McKegney Field Use Permit, an applicant must submit a field request form with the Tiburon Public Works Department at Town Hall. Field request forms may be found online at W\Vw.townoftiburon.org. Requests for recurring field use are accepted beginning November 1 each year for the following March 15 through November 30 time period. Town responses to requests for field allocations will be provided by approximately November 30th. 2. NON-RECURRING USE FIELD REQUEST PERMITTING A field use reservation request for a non-recurring use (less than four times per year) must be made no fewer than ten (10) calendar days prior to the desired date(s) of use and prior to a permit being issued. Proof of insurance must be submitted prior to permit issuance. A deposit is due at the time of request submittal. 3. FIELD PRJORJTY FOR RESERVED (EXCLUSIVE) USE Reserved use will be allocated based on the following priority system: Group I: Town-sponsored or co-sponsored events have first priority. Group 2: Belvedere-Tiburon Recreation (The Ranch) programs, and non-profit youth sports organizations with more than 75% 94920 zip code participant residency on the field, have second priority. Group 3: Peninsula school-related events have third priority. Group 4: Non-profit youth sports organizations with 50% to 75% 94920 zip code participant residency on the field have fourth priority. The Town Manager or his/her designee shall exercise sound judgment in determining the field use allocation for two or more equal priority groups requesting conflicting or overlapping times of use. The first tiebreaker for sports- related uses shall be "sport in season". L As used in this policy, the following terms have the meanings as set forth below: Non-Profit Eligibility. To qualify for a field use reservation, organizations must provide a copy of their letter of non-profit status with their ID number. Payment with an organization's check is required. Town of Tiburon Public Works 11505 Tiburon Blvd .• Tiburon. CA 94920 Adopted by Town Council 6/18/2014 415.435. 7373 I www.townoftiburon.org L ......_. II-:-\ .-- r ,_ .~ ~ ~ ..... -,. """' ... ..._,, _,_ ....... -._,; ,, ·-.../ ...__ MCKEGNEY GREEN FIELD USE POLICY Residency. A resident is a person residing within zip code 94920. In the case of youth sports organizations and Tiburon peninsula school-related uses, a youth's attendance at the Reed Union School District or St. Hilary's School shall qualify for residency. Residency verification shall be provided by a master league roster, team roster, or other means acceptable to the Town. Such roster shall be complete with player's first and last names, address, phone number, and peninsula school affiliation if not residing in the 94920 zip code. Rosters must be made available upon request by the Town. Any organization found to be willfully misrepresenting its residency status may have its permit revoked and fees forfeited for the season, and may be assigned last priority for field use scheduling for the immediately following season. Adult An adult is defined as a person eighteen (18) years of age or older. 4. FEES The standard field rental fees are as follows: $35 per hour for recurring users, and $40 per hour for non- recurring users. These rates are subject to review and adjustment by August 31, 2015, and subject to periodic review and adjustment thereafter. Hourly rate fees are due and payable prior to the issuance of a Field Use Permit. For recurring use youth sports organizations, the Town may determine to collect the fee prior to each sports season, quarterly, or through other schedule by mutual agreement. Failure to pay the fee in a timely manner may result in the default of the permit and loss of reserved field time. Twenty-five percent (25%) of the hourly rate rental fees collected shall be set aside in a restricted fund for capital improvements to McKegney Green, in accordance with a capital improvement plan adopted by the Town. The intent is for field rental users to supplement the investment of Tiburon taxpayers toward major improvements to the Green. 5. FIELD USE PERMIT STANDARD RULES AND REGULATIONS Permit holders must comply with the following Rules and Regulations, in addition to any special conditions that may reasonably be imposed upon the issuance of a Field Use Permit for McKegney Green: A. Permits cannot be transferred, assigned or subleased to any other person, group or organization for any reason. Subleasing will result in revocation of the permit. B. Permit holders must be in possession of their Field Use Permit or Town-posted McKegney Green Schedule in case there is a need to address the question of who has priority of use or reservation. If the permit holder cannot use the Green due to unauthorized use by another party, the permit holder should contact the Town of Tiburon Police Department at 415- 789-2801. Town of Tiburon Public Works I 1505 Tiburon Blvd .• Tiburon, CA 94920 .J 15.-135.7373 I www.townoftiburon.org Adopted by Town Council 6/18/2014 4 L MCKEGNEY GREEN FIELD USE POLlCY C. The permit holder will be responsible for all actions and omissions that result in damage caused by their attendees. If additional maintenance is required (in excess of normal services/time) to restore the premises, turf, equipment, and/or property to reasonable use by others, the permit holder shall be charged accordingly. D. Verified complaints regarding a permit holder's activity noise level, litter and debris, and/or disregard of parking regulations could lead to suspension or revocation of a permit or reservation, the forfeiture of the security deposit, and denial of field use in the future. E. McKegney Green may be lined prior to a permitted group use. Water-soluble spray paint and chalk are the only permitted means of lining. F. Soccer and lacrosse goals must be anchored at all times when they are located on the playing field. When goals are not being utilized for play, they must be secured off the playing field in a manner that will prevent tipping or any hazardous condition. G. The Town reserves the right to cancel an approved reservation due to maintenance needs, overuse of the field, unsafe conditions, or conflict with a Town-sponsored event. In these cases, reasonable attempts will be made to provide a minimum of ten (10) days advance notice. In the event of an emergency or cancellation of an approved field request by the Town, a full refund will be provided except in the case of recurring users. H. Field users must instruct participants and spectators to park in Blackie's Pasture public parking areas and avoid neighborhood parking. Field users should post directional signs, if needed, to guide participants and spectators to appropriate parking areas. If traffic/parking is an issue, the user group must provide volunteers to direct participants and spectators to designated parking areas. I. No group or individual is permitted to maintain a storage unit (or similar object) on or around a field without written approval from the Town. J. Users must pick up and remove any trash or litter generated by their activity. K. Games, practices, and other events are not to start before 8:00 am or extend later than 9:00 pm. No field use is permitted after dark. 6. WET FIELD RULES Wet Field rules are hereby established to prevent bodily injury and damage to the field from inclement weather and/or unsafe playing conditions. Groups that use the McKegney Green field are expected to assist in protecting their participants and the field during periods of rain or inclement weather. Sports use of a wet or saturated field may cause extensive damage resulting in field closure and costly renovations. Groups shall abide by the Wet Field rules and preserve the life .and condition of Town of Tiburon Public Works 11505 Tiburon Blvd .. Tiburon. CA 94920 415.435.737'.' I www.townoftiburon.org Adopted by Town Council 6/18/2014 5 MCKEGNEY GREEN FrELD USE POLICY l McKegney Green by not using it in wet conditions. The following rules apply to a period of rainfall, \ an over-watered field and/or irrigation breaks. L • The McKegney Green field is deemed closed to use at any time during rainfall. • The Town reserves the right to cancel reservations or suspend Field Use Permits when field conditions could result in injury to players or users or cause damage to the field. Permits may also be suspended when the health and safety of participants are threatened due to existing or impending conditions, including but not limited to field maintenance, fertilizer application, lightning, or air quality alerts. • During Town work hours, the Town's Public Works Department maintenance staff will assess the playability of the Green to determine if use will occur. • Recurring permit-holding.users will be required to designate a Field Conditions Representative to apply these rules during non-business hours and on weekends. The designated representative shall have the authority and responsibility to close the Green or any portion thereof in accordance with the Wet Field rules. • The Green should not be used after heavy rain, or when wet or muddy, for at least forty-eight ( 48) hours. 7. TURF PRESERVATION GUIDELINES User cooperation is needed to preserve the turf on the field. Please abide by the following guidelines: A. Field use, especially sports practice, should be conducted in a manner so that play takes place on different sections of turf, thus reducing excessive turf wear and damage to any one area. Rotate use of areas (i.e., use middle of turf area for drills one day and sides of the field the following day) and, when possible, stay off of the fringe or bare areas to limit erosion and further damage. B. Replace turf divots at the end of each day to help re-root the grass. C. Remove all equipment from the field at the conclusion of use each day. D. Water-soluble paint and chalk are the only approved methods of applying lines to the field. E. Report field hazards to Tiburon Public Works at 415-435-7399 during Town working hours or to Tiburon Police Dispatch at 415-789-2800 during other hours. F. No tarps or material, which may damage the grass, may be placed on the Green. Any turf coverings used must be made of a breathable material. 8. DEPOSITS A refundable deposit of $100 is required for all non-recurring field use reservations. Recurring Adopted by Town Council 6/18/2014 Town of Tiburon Public Works 11505 Tiburon Blvd., Tiburon, CA 94920 415..135.7373 I www.townoftiburon.org 6 l L f:7'""i ....., r"""'\~ _,. '"' -..7 r --~ ~ .... ---~--.,,.. ~ -... (-._~,-. MCKEGNEY GREEN FIELD USE POLICY users are required to provide a $1,000 refundable security deposit. The Town may retain all or part of a security deposit, and/or assess additional fees, for the following reasons, without limitation: • Damage to the field • Misuse of the field • Inadequate clean-up by the permit holder, requiring additional custodial/staff time following permit holder's use • Violation of field use rules If the additional fees due exceed the amount of the security deposit, the permit holder will be billed for the balance due. Payment will be due within thirty (30) days of the date of invoice. Unpaid fees will make the user group ineligible to apply for field use until the unpaid amount is settled in full. 9. INSURANCE AND LIABILITY REQUIREMENTS As a pre-condition of Field Use Permit issuance, the applicant shall provide to the satisfaction of the Town Attorney, the following: A. Evidence of general liability insurance in the amount of $1,000,000 per claim and $2,250,000 aggregate. B. Endorsements to that policy naming the Town and its officials, employees, and agents as an additional insured, with primary and non-contributory coverage. C. In addition, the policy shall contain a guarantee of at least thirty (30) days prior notice of a change to or cancellation of the policy. D. A signed agreement or clause agreeing to indemnify and hold the Town of Tiburon, its officers, agents, employees, and volunteers, harmless from any claims, liabilities, losses or expenses arising from use of McKegney Green. E. A statement acknowledging that the permit holder is not entitled to use the field until the Town Attorney has approved their evidence of insurance and that the Town disclaims responsibility for any accident, injury, liability, loss, or damage to persons or property as a result of unauthorized use of the field use ofMcKegney Green. 10. REFUNDS (a) Non-recurring users: For permitted events cancelled by the permit-holder twenty-one (21) calendar days or more in advance, a one hundred percent (1 00%) refund will be issued. For permitted events cancelled by the permit-holder less than twenty-one (21) calendar days in advance, no refund will be issued. Town of Tiburm1 Public Works I 1505 Tiburon Blvd., Tiburon. CA 94920 .t 15.435. 7373 I www.townoftiburon.org Adopted by Town Council 6/18/2014 7 L (' r;;--,' -r--,.,.,.,,,-..... , MCKEGNEY GREEN FfELD USE PO LJCY Cancellations must be made in writing and submitted to and received by the Public Works Department in order to be entitled to receive a refund. If there is rain on the date of a non-recurring use reservation such that the event cannot be held, another date will be made available or a full refund for the rained-out date will be made available. (b) Recurring users: Recurring users are not entitled to rescheduling privileges or refunds for cancelled events, rain-outs, or reserved use times that were not used. Consideration may be given by the Superintendent of Public Works for unusually lengthy periods of rain delay or other factors beyond the control of the recurring user that result in the inability to use the field during otherwise reserved times for that recurring user. 11. SAFETY-RELATED CLOSURES/TOWN PRIORITY The Town makes every effort to accommodate permit holders. However, the health and safety of users and the condition and playability of the field take precedence. As a result, the Town may close the Green and/or limit portions of the Green available for use at any time in its reasonable discretion. The Town of Tiburon reserves the right to suspend or cancel any reservations (permits) for field use or to temporarily close the field for any of the following reasons: • Conflicts with a Town-sponsored or co-sponsored program, activity, or event • Maintenance issues • Over-use of the field • Unsafe conditions The Town also reserves the right to preempt a reservation for a Town-sponsored or co-sponsored event. In the instances described above, reasonable attempts will be made to provide advance notice and to reschedule field use for permit holders. 12. SUSPENSION OF PERMIT/VIOLATIONS A. The Town Manager, Public Works Director, Superintendent of Public Works, and the Chief of Police (and their respective designees) shall have the authority to suspend a field use permit, and may suspend any permit if the permit holder has done any of the following: 1. Violated any provision or requirement of approval imposed on the permit 2. Violated any provisions of the law 3. With the actual conduct of the activity, threatened the preservation of the public health, safety or Town of Tiburon Public Works I 1505 Tiburon Blvd., Tiburon. CA 94920 415.435. 7373 I www.1ownof1iburon.org Adopted by Town Council 6/18/2014 l L ,.. r-;:-""I. ': ('"'"\---_.,..~-..... ,......,.,, _i ...._ ---~ .l ...... "-'--~ MCKEGNEY GREEN FIELD USE POLICY general welfare or unreasonably interfered with the use and enjoyment of other property in the vicinity of the activity. B. Misuse of the field or the failure to comply with permit conditions, established rules and regulations, or any Federal, State, or local law shall be sufficient grounds for the immediate revocation of the permit and/or denial of any future applications. No refund will be granted. Field Improvements The Town of Tiburon encourages partnerships and volunteerism to improve field quality and maintenance. However, in the absence of a written agreement, donations and/or contributions of time do not give any organization priority. Groups wishing to alter the field or ancillary areas must submit all improvement or alteration requests in advance to the Tiburon Public Works Department and receive written approval. Interpretation of Policy The Town Manager or his/her designee will make interpretations of the meaning of this Policy, and may override the Policy if he/she determines doing so is in the best interests of the Town. The Town Manager's interpretation shall be final. Town of Tiburon Public Works I 1505 Tiburon Blvd .• Tiburon. CA 94920 -I 15.435.7373 I www.townoftiburon.org Adopted by Town Council 6/18/2014 9 EXHIBIT 2 Closed July Closed Dec Jan Dogs Alcohol Tobacco Number of people need permit Youth Sports Only Permit for commercial activities Rain Closure Golf Amplified Sound Insurance Tiburon - Current On leash Prohibited Prohibited Yes 48 Hours Limited No Yes Tiburon - Proposed Yes Yes Prohibited Prohibited at sport events predominately attended by minors Prohibited, add Marijuana and Vaping 12 Yes, but other user groups for permit as well Yes - Special Event Permit 24 Hours Prohibited Yes and also through the Ranch (?) Mill Valley Yes Yes Prohibited on field Prohibited ?15 No Yes 24 hrs. Prohibited Permission Required Required Healdsburg Yes Prohibited from recreation park, on leash other No Alcohol at all times Prohibited No 24 hrs. Prohibited unless in park designed for such use Permit required Yes Corte Madera * (1) *(2) Needs approval. No Glass Containers Prohibited 10 Public use- no private instruction of individual or groups will be allowed No field use during Rain Prohibited unless in park designed for such use Prohibited Yes Larkspur November- March Prohibited on field, on leash other Permit Required (?)Prohibited --No * (3) Not Currently Wait until it is dry to minimze damage No Policy No Yes Novato December 1- Early February Prohibited on field, on leash other No Alcohol at any field for any athletic game Prohibited Any organized use requires a permit. No 48 hours or until dry and playable Prohibited unless in park designed for such use Permit Required yes San Rafael --Yes *(1) Corte Madera says it is unlawful for a person having ownership, custody, or control of any anumal to permit the animal to be in any public park; provided, however, that subject to section 8.04.020 dogs are permitted in those public park areas that may be designated by town council by resolution. * (2) Groups where the majority (51%) of participants are under 21 years of age willnot be permitted to serve, consume or have alcohol. *(3) Larkspur does not allow group training in the park, but it is not heavily enforced. They are interested to see what Tiburon comes up with. They would eventually like to sell group exercise passes for a low rate and collect insurance from trainers so they can be official without using dedicated space. No No EXHIBIT 3 Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY Town of Tiburon Public Works | 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 | www.townoftiburon.org 1 Adopted by Town Council 6/18/2014 Introduction The Town of Tiburon is dedicated to nurturing healthy lifestyles, preserving neighborhood quality of life, and protecting the Town’s park resources. The Town acknowledges that sports and recreation are a fundamental component of a healthy lifestyle. The Town is dedicated to creating partnerships with youth sports organizations to ensure that there are opportunities at McKegney Green, a community field, to participate in different sports at various ability levels. The Town recognizes that McKegney Green is the only Town-controlled field capable of being used for athletic field sports purposes and is also highly desired by local residents for casual (passive?) recreational enjoyment. The Town is committed to equitable, inclusive, and orderly distribution of field use. This policy is established to ensure that the McKegney Green is utilized for community, recreational, and athletic functions that serve the needs of the Tiburon Peninsula, to set clear policies, procedures, regulations, and to establish a rental fee system for permitted exclusive use of the Green. The policy ensures that permitted users are informed of the Town’s rules and regulations that govern use of the community Green and that such exclusive use must be balanced with the demand for general public recreational use of the Green. Purpose of the Policy The purpose of the McKegney Green Field Use Policy is to: A. Ensure that equitable use of McKegney Green is balanced between community, recreational, and athletic functions that serve the needs of the Tiburon peninsula. B. Establish rules, regulations, policies and procedures governing the use of McKegney Green. C. Ensure Tiburon peninsula residents have priority access to a facility supported by their tax dollars. D. Collect reasonable fees for the reserved use of McKegney Green in support of its ongoing maintenance and long-term improvement. E. Ensure that decisions regarding the use of the McKegney Green take into account the interests of the surrounding neighborhoods and residents. F. Limit organized sports use of McKegney Green to appropriate youth sports only. G. Maintain the safety of the field conditions and preserve the quality of the Green as a Town resource. Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY Town of Tiburon Public Works | 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 | www.townoftiburon.org 2 Adopted by Town Council 6/18/2014 Non-Permitted Uses of McKegney Green Commercial, for-profit, and/or enterprise uses; commercial vendors; private events; adult sports teams; and simultaneous mixed sports uses are not allowed. Non-Exclusive Public Recreational Use Non-exclusive casual recreational use of McKegney Green by the public is allowed on a first-come, first-served basis during open hours when use of the field is not reserved by a Field Use Permit. Typical uses of this nature include sunbathing, picnicking, kite-flying, casual Frisbee-throwing, yoga, dog-walking (on-leash only), and similar uses. No fee or permit is required for such use. General Rules for McKegney Green Use Users of McKegney Green shall abide by the following General Rules: (a)A. All exclusive (reserved) use of the Green must secure a Field Use Permit in advance. (b)B. No person shall use McKegney Green when it is posted “Field Closed”. (c)C. Applicable Tiburon Municipal Code provisions shall be obeyed. (d)D. No unauthorized vehicles shall enter the field area or drive on the grass or paved walkways. (e)E. Prohibitions on McKegney Green: (1) No alcohol or tobacco products are allowed on McKegney Green. (2) No alcohol products are allowed at youth events. (23) No gambling or narcotics are allowed. (34) No portable barbeques, open fires, or fireworks are allowed. (45) No glass containers are allowed. (56) No rugby or golf is allowed.; golf is limited to classes offered by Belvedere- Tiburon Recreation (The Ranch) that use soft or whiffle-type golf balls. (67) No commercial vendors are allowed. Outside companies or individuals may not be used as concessionaires or vendors by user groups. User groups, with permission of the Town through the application process, may have commercial concessionaires or vendors sell food and drink at costat the event. (78) No tents or canopies over 10 feet in height or over 100 square feet in area are allowed. Anchoring must not penetrate the ground surface. (89) No signs are allowed. Temporary banners are permitted during events provided: a. Banners must pertain to the event being held. b. No inappropriate messages may be displayed on the banners. (910) No amplified sound is allowed. (110) No dogs on McKegneythe Green. Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY Town of Tiburon Public Works | 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 | www.townoftiburon.org 3 Adopted by Town Council 6/18/2014 (12) No bicycles or motorized vehicles including ebikes are allowed on McKegney Green. Field Use Permit Required Field Use Permits are required for reservation (exclusive use) of McKegney Green for all youth sports activities including coached pickup games with 15 or more participants, training and conditioning. Field Use Permits are subject to fee and security deposit requirements, and are typically associated with organized youth sports activities such as soccer and lacrosse, Tiburon peninsula school use, and Town-sponsored or co-sponsored events. Permitted use of the Green more than three (3) times per year by any user group qualifies that group as a “recurring user”. The Green is generally closed for sports activities from approximately November 30th to March 15th for turf recovery purposes or as determined by the Director of Public Works/Town Engineer.. 1. RECURRING USE FIELD REQUEST PERMITTING McKegney Green requests for recurring organized youth sports use are considered once per year for the following year. Field space is awarded on a priority basis and sport in season beginning in approximately November of each year for the following calendar year. To apply for a McKegney Field Use Permit, an applicant must submit a field request form with the Tiburon Public Works Department at Town Hall. Field request forms may be found online at www.townoftiburon.org. Requests for recurring field use are accepted beginning November 1 each year for the following March 15 through November 30 time period. Town responses to requests for field allocations will be provided by approximately November 30th. 2. NON-RECURRING USE FIELD REQUEST PERMITTING A field use reservation request for a non-recurring use (less than three or fewer four times per year) must be made no fewer than ten (10) calendar days prior to the desired date(s) of use and prior to a permit being issued. Proof of insurance must be submitted prior to permit issuance. A deposit is due at the time of request submittal. 3. FIELD PRIORITY FOR RESERVED (EXCLUSIVE) USE Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY Town of Tiburon Public Works | 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 | www.townoftiburon.org 4 Adopted by Town Council 6/18/2014 Reserved use will be allocated based on the following priority system: Group 1: Town-sponsored or co-sponsored events have first priority. Group 2: Belvedere-Tiburon Recreation (The Ranch) programs, and non-profit youth sports organizations with more than 75% 94920 zip code participant residency on the field, have second priority. Group 3: Peninsula school-related events have third priority. Group 4: Non-profit organized youth sports organizations with 50% to 75% 94920 zip code participant residency on the field have fourth priority. Group 5: Non-organized youth sports coached pickup games with 15 or more participants, training and conditioning with 50% to 75% 94920 zip code participant residency on the field have fifth priority. Group 6: Adult use for soccer games when field not in use. The Town Manager or his/her designee shall exercise sound judgment in determining the field use allocation for two or more equal priority groups requesting conflicting or overlapping times of use. The first tiebreaker for sports- related uses shall be “sport in season”. As used in this policy, the following terms have the meanings as set forth below: Non-Profit Eligibility: To qualify for a field use reservation, organizations must provide a copy of their letter of non-profit 501(c)(3) status with their ID number. Payment with an organization’s check is required. Residency: A resident is a person residing within zip code 94920. In the case of youth sports organizations and Tiburon peninsula school-related uses, in addition to their home address, a youth’s attendance at the Reed Union School District or St. Hilary’s School shall qualify for residency. Residency verification shall be provided by a master league roster, team roster, or other means acceptable to the Town. Such roster shall be complete with player’s first and last names, address, phone number, and peninsula school affiliation if not residing in the 94920 zip code. Rosters must be made available upon request by the Town. Any organization found to be willfully misrepresenting its residency status may have its permit revoked and fees forfeited for the season, and may be assigned last priority for field use scheduling for the immediately following season. Sport in Season: A pre-determined season of play based on traditional recreational sports activity periods as follows: Soccer: the priority season of play shall be set from August through midNovember, with recognized post-season play extending through January. Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY Town of Tiburon Public Works | 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 | www.townoftiburon.org 5 Adopted by Town Council 6/18/2014 Lacrosse: the priority seasons of play shall be set from February through May. Adult: An adult is defined as a person eighteen (18) years of age or older. Organized Youth Sports: Organized sport is defined as physical activity that is directed by adult or youth leaders and involves rules and formal practice and competition. School and club sports are included in this definition. Casual Use: All fields governed by this policy as open to the public. It is the intention of the Parks and Recreation Commission that fields are available for non-organized, drop-in use when not reserved. Field Sports: Soccer, lacrosse and other activities which can be accommodated on an open turf area without special permanent improvements (as required for baseball & softball). 4. FEES The standard field rental fees are as follows: $7035 per hour for recurring users, and $40 per hour for non- recurring users to use any portion of the field. These rates are subject to review and adjustment by August 31, 2015, and subject to periodic review and adjustment. thereafter. Hourly rate fees are due and payable prior to the issuance of a Field Use Permit. For recurring use youth sports organizations, the Town may determine to collect the fee prior to each sports season, quarterly, or through other schedule by mutual agreement. Failure to pay the fee in a timely manner may result in the default of the permit and loss of reserved field time. Twenty-five percent (25%) of the hourly rate rental fees collected shall be set aside in a restricted fund for capital improvements to McKegney Green, in accordance with a capital improvement plan adopted by the Town. The intent is for field rental users to supplement the investment of Tiburon taxpayers toward major improvements to the Green. 5. FIELD USE PERMIT STANDARD RULES AND REGULATIONS Permit holders must comply with the following Rules and Regulations, in addition to any special conditions that may reasonably be imposed upon the issuance of a Field Use Permit for McKegney Green: A. Permits cannot be transferred, assigned or subleased to any other person, group or organization for any reason. Subleasing will result in revocation of the permit. B. Permit holders must be in possession of their Field Use Permit or Town-posted McKegney Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY Town of Tiburon Public Works | 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 | www.townoftiburon.org 6 Adopted by Town Council 6/18/2014 Green Schedule in case there is a need to address the question of who has priority of use or reservation. If the permit holder cannot use the Green due to unauthorized use by another party, the permit holder should contact the Town of Tiburon Police Department at 415- 789-2801. C. The permit holder will be responsible for all actions and omissions that result in damage caused by their attendees. If additional maintenance is required (in excess of normal services/time) to restore the premises, turf, equipment, and/or property to reasonable use by others, the permit holder shall be charged accordingly. D. Verified complaints regarding a permit holder’s activity noise level, litter and debris, and/or disregard of parking regulations could lead to suspension or revocation of a permit or reservation, the forfeiture of the security deposit, and denial of field use in the future. E. McKegney Green may be lined prior to a permitted group use. Water-soluble spray paint and chalk are the only permitted means of lining. F. Soccer and lacrosse goals must be anchored at all times when they are located on the playing field. When goals are not being utilized for play, they must be secured off the playing field in a manner that will prevent tipping or any hazardous condition. G. The Town reserves the right to cancel an approved reservation due to maintenance needs, overuse of the field, unsafe conditions, or conflict with a Town-sponsored event. In these cases, reasonable attempts will be made to provide a minimum of ten (10) days advance notice. In the event of an emergency or cancellation of an approved field request by the Town, a full refund will be provided. except in the case of recurring users. H. Field users must instruct participants and spectators to park in Blackie’s Pasture public parking areas and avoid neighborhood parking. Field users should post directional signs, if needed, to guide participants and spectators to appropriate parking areas. If traffic/parking is an issue, the user group must provide volunteers to direct participants and spectators to designated parking areas. Field users must instruct participants that no dogs are allowed on McKegney Green. I. No group or individual is permitted to maintain a storage unit (or similar object) on or around a field without written approval from the Town. J. Users must pick up and remove any trash or litter generated by their activity. K. Games, practices, and other events are not to start before 8:00 am or extend later than 9:00 pm. No field use is permitted after dark. 6. WET FIELD RULES Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY Town of Tiburon Public Works | 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 | www.townoftiburon.org 7 Adopted by Town Council 6/18/2014 Wet Field rules are hereby established to prevent bodily injury and damage to the field from inclement weather and/or unsafe playing conditions. Groups that use the McKegney Green field are expected to assist in protecting their participants and the field during periods of rain or inclement weather. Sports use of a wet or saturated field may cause extensive damage resulting in field closure and costly renovations. Groups shall abide by the Wet Field rules and preserve the life and condition of McKegney Green by not using it in wet conditions. You may contact Public Works at 415-435-7399 regarding field closures. The following rules apply to a period of rainfall, an over-watered field and/or irrigation breaks. A. The McKegney Green field is deemed closed to use at any time during rainfall and for forty-eight twenty-four (48 24) hours after measurable rain, or when wet or muddy. Actual duration of closure is subject to discretion of Public Works. A. . B. The Town reserves the right to cancel reservations or suspend Field Use Permits when field conditions could result in injury to players or users or cause damage to the field. Permits may also be suspended when the health and safety of participants are threatened due to existing or impending conditions, including but not limited to field maintenance, fertilizer application, lightning, or air quality alerts. C. During Town work hours, the Town’s Public Works Department maintenance staff will assess the playability of the Green to determine if use will occur. D. Recurring permit-holding users will be required to designate a Field Conditions Representative to apply these rules during non-business hours and on weekends. The designated representative shall have the authority and responsibility to close the Green or any portion thereof in accordance with the Wet Field rules. E. The Green should not be used heavy rain, or when wet or muddy, for at least forty-eight (48) hours. The Town has the authority to close the Green at any time due to poor field conditions as deemed by the Superintendent of Public Works. 7. TURF PRESERVATION GUIDELINES User cooperation is needed to preserve the turf on the field. Please abide by the following guidelines: A. Field use, especially sports practice, should be conducted in a manner so that play takes place on different sections of turf, thus reducing excessive turf wear and damage to any one area. Rotate use of areas (i.e., use middle of turf area for drills one day and sides of the field the following day) and, when possible, stay off of the fringe or bare areas to limit erosion and further damage. Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY Town of Tiburon Public Works | 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 | www.townoftiburon.org 8 Adopted by Town Council 6/18/2014 B. Replace turf divots at the end of each day to help re-root the grass. C. Remove all equipment from the field at the conclusion of use each day. D. Water-soluble paint and chalk are the only approved methods of applying lines to the field. E. Report field hazards to Tiburon Public Works at 415-435-7399 during Town working hours or to Tiburon Police Dispatch at 415-789-2800 during other hours. F. No tarps or material, which may damage the grass, may be placed on the Green. Any turf coverings used must be made of a breathable material. 8. DEPOSITSSECURITY DEPOSIT AND FEE A fee refundable deposit of $100 is required for all non-recurring field use reservations. Recurring users are required to provide a $1,000 refundable security deposit. The Town may retain all or part of a security deposit, and/or assess additional fees, for the following reasons, without limitation: A. Damage to the field B. Misuse of the field C. Inadequate clean-up by the permit holder, requiring additional custodial/staff time following permit holder’s use D. Violation of field use rules If the additional fees due exceed the amount of the security deposit, the permit holder will be billed for the balance due. Payment will be due within thirty (30) days of the date of invoice. Unpaid fees will make the user group ineligible to apply for field use until the unpaid amount is settled in full. 9. INSURANCE AND LIABILITY REQUIREMENTS As a pre-condition of Field Use Permit issuance, the applicant shall provide to the satisfaction of the Town Attorney, the following: A. Evidence of general liability insurance in the amount of $1,000,000 per claim and $2,250,000 aggregate. B. Endorsements to that policy naming the Town and its officials, employees, and agents as an additional insured, with primary and non-contributory coverage. C. In addition, the policy shall contain a guarantee of at least thirty (30) days prior notice of a change to or cancellation of the policy. D. A signed agreement or clause agreeing to indemnify and hold the Town of Tiburon, its officers, Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY Town of Tiburon Public Works | 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 | www.townoftiburon.org 9 Adopted by Town Council 6/18/2014 agents, employees, and volunteers, harmless from any claims, liabilities, losses or expenses arising from use of McKegney Green. E. A statement acknowledging that the permit holder is not entitled to use the field until the Town Attorney has approved their evidence of insurance and that the Town disclaims responsibility for any accident, injury, liability, loss, or damage to persons or property as a result of unauthorized use of the field use of McKegney Green. 10. REFUNDS (a) Non-recurring users: For permitted events cancelled by the permit-holder twenty-one (21) calendar days or more in advance, a one hundred percent (100%) refund will be issued. For permitted events cancelled by the permit-holder less than twenty-one (21) calendar days in advance, no refund will be issued. Cancellations must be made in writing and submitted to and received by the Public Works Department in order to be entitled to receive a refund. If there is rain on the date of a non-recurring use reservation such that the event cannot be held, another date will be made available or a full refund for the rained-out date will be made available. (b) Recurring users: Recurring users are not entitled to rescheduling privileges or refunds for cancelled events, rain-outs, or reserved use times that were not used due to . Consideration may be given by the Superintendent of Public Works for unusually lengthy periods of rain delay or other factors beyond the control of the recurring user that result in the inability to use the field during otherwise reserved times for that recurring user. 11. SAFETY-RELATED CLOSURES/TOWN PRIORITY The Town makes every effort to accommodate permit holders. However, the health and safety of users and the condition and playability of the field take precedence. As a result, the Town may close the Green and/or limit portions of the Green available for use at any time in its reasonable discretion. The Town of Tiburon reserves the right to suspend or cancel any reservations (permits) for field use or to temporarily close the field for any of the following reasons: A. Conflicts with a Town-sponsored or co-sponsored program, activity, or event B. Unscheduled Maintenance issues C. Over-use of the field D. Unexpected Unsafe unsafe conditions The Town also reserves the right to preempt a reservation for a Town-sponsored or co-sponsored event. In the Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY Town of Tiburon Public Works | 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 | www.townoftiburon.org 10 Adopted by Town Council 6/18/2014 instances described above, reasonable attempts will be made to provide advance notice and to reschedule field use for permit holders. 12. RE-SEEDING AND TURF MAINTENACE The Town may close the Green and/or limit portions of the Green available for use at any time in its reasonable discretion. The field will be closed in December, January, February and July for annual rest and maintenance.fo and/or turf maintenance in the fall (eg. October) and spring (eg. April)Typical re-seeding may happen in August or November depending on the field conditions. Applicants shall be notified of re-seeding schedule at time of application to avoid any conflicts. 132. SUSPENSION OF PERMIT/VIOLATIONS A. The Town Manager, Public Works DirectorDirector of Public Works/Town Engineer, Superintendent of Public Works, and the Chief of Police (and their respective designees) shall have the authority to suspend a field use permit, and may suspend any permit if the permit holder has done any of the following: 1.A. Violated any provision or requirement of approval imposed on the permit. 2.B. Violated any provisions of the law. 3.C. With the actual conduct of the activity, threatened the preservation of the public health, safety or general welfare or unreasonably interfered with the use and enjoyment of other property in the vicinity of the activity. B. Misuse of the field or the failure to comply with permit conditions, established rules and regulations, or any Federal, State, or local law shall be sufficient grounds for the immediate revocation of the permit and/or denial of any future applications. No refund will be granted. Field Improvements The Town of Tiburon encourages partnerships and volunteerism to improve field quality and maintenance. However, in the absence of a written agreement, donations and/or contributions of time do not give any organization priority. Groups wishing to alter the field or ancillary areas must submit all improvement or alteration requests in advance to the Tiburon Public Works Department and receive written approval. Interpretation of Policy Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY Town of Tiburon Public Works | 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 | www.townoftiburon.org 11 Adopted by Town Council 6/18/2014 The Town Manager or his/her designee will make interpretations of the meaning of this Policy, and may override the Policy if he/she determines doing so is in the best interests of the Town. The Town Manager’s interpretation shall be final. The POST Commission shall review the Policy on a yearly basis at their May meeting. EXHIBIT 4 Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY Town of Tiburon Public Works | 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 | www.townoftiburon.org 1 Adopted by Town Council 6/18/2014 Introduction The Town of Tiburon is dedicated to nurturing healthy lifestyles, preserving neighborhood quality of life, and protecting the Town’s park resources. The Town acknowledges that sports and recreation are a fundamental component of a healthy lifestyle. The Town is dedicated to creating partnerships with youth sports organizations to ensure that there are opportunities at McKegney Green, a community field, to participate in different sports at various ability levels. The Town recognizes that McKegney Green is the only Town-controlled field capable of being used for athletic field sports and is also highly desired by local residents for casual passive recreational enjoyment. The Town is committed to equitable, inclusive, and orderly distribution of field use. This policy is established to ensure that the McKegney Green is utilized for community, recreational, and athletic functions that serve the needs of the Tiburon Peninsula, to set clear policies, procedures, regulations, and to establish a rental fee system for permitted exclusive use of the Green. The policy ensures that permitted users are informed of the Town’s rules and regulations that govern use of the community Green and that such exclusive use must be balanced with the demand for general public recreational use of the Green. Purpose of the Policy The purpose of the McKegney Green Field Use Policy is to: A. Ensure equitable use of McKegney Green between community, recreational, and athletic functions that serve the needs of the Tiburon peninsula. B. Establish rules, regulations, policies and procedures governing the use of McKegney Green. C. Ensure Tiburon peninsula residents have priority access to a facility supported by their tax dollars. D. Collect reasonable fees for the reserved use of McKegney Green in support of its ongoing maintenance and long-term improvement. E. Ensure that decisions regarding the use of the McKegney Green take into account the interests of the surrounding neighborhoods and residents. F. Limit organized sports use of McKegney Green to appropriate youth sports only. G. Maintain the safety of the field conditions and preserve the quality of the Green as a Town resource. Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY Town of Tiburon Public Works | 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 | www.townoftiburon.org 2 Adopted by Town Council 6/18/2014 Non-Permitted Uses of McKegney Green Commercial for-profit, and/or enterprise uses; commercial vendors; private events; adult sports teams; and simultaneous mixed sports uses are not allowed. Non-Exclusive Public Recreational Use Non-exclusive casual recreational use of McKegney Green by the public is allowed on a first-come, first-served basis during open hours when use of the field is not reserved by a Field Use Permit. Typical uses of this nature include sunbathing, picnicking, kite-flying, casual Frisbee-throwing, yoga, and similar uses. No fee or permit is required for such use. General Rules for McKegney Green Use Users of McKegney Green shall abide by the following General Rules: A. All exclusive (reserved) use of the Green must secure a Field Use Permit in advance. B. No person shall use McKegney Green when it is posted “Field Closed”. C. Applicable Tiburon Municipal Code provisions shall be obeyed. D. No unauthorized vehicles shall enter the field area or drive on the grass or paved walkways. E. Prohibitions on McKegney Green: (1) No tobacco products are allowed on McKegney Green. (2) No alcohol products are allowed at youth events. (3) No gambling or narcotics are allowed. (4) No portable barbeques, open fires, or fireworks are allowed. (5) No glass containers are allowed. (6) No rugby or golf is allowed. (7) User groups, with permission of the Town through the application process, may have commercial concessionaires or vendors at the event. (8) No tents or canopies over 10 feet in height or over 100 square feet in area are allowed. Anchoring must not penetrate the ground surface. (9) No signs are allowed. Temporary banners are permitted during events provided: a. Banners must pertain to the event being held. b. No inappropriate messages may be displayed on the banners. (10) No amplified sound is allowed (11) No dogs on McKegney Green. (12) No bicycles or motorized vehicles including ebikes are allowed on McKegney Green. Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY Town of Tiburon Public Works | 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 | www.townoftiburon.org 3 Adopted by Town Council 6/18/2014 Field Use Permit Required Field Use Permits are required for reservation (exclusive use) of McKegney Green for all youth sports activities including coached pickup games with 15 or more participants, training, and conditioning. Field Use Permits are subject to fee and security deposit requirements and are typically associated with youth sports activities such as soccer and lacrosse, Tiburon peninsula school use, and Town- sponsored or co-sponsored events. Permitted use of the Green more than three (3) times per year by any user group qualifies that group as a “recurring user”. The Green is generally closed for sports activities from approximately November 30th to March 15th for turf recovery purposes or as determined by the Director of Public Works/Town Engineer. 1. RECURRING USE FIELD REQUEST PERMITTING McKegney Green requests for recurring sports use are considered once per year for the following year. Field space is awarded on a priority basis and sport in season beginning in November of each year for the following calendar year. To apply for a McKegney Field Use Permit, an applicant must submit a field request form with the Tiburon Public Works Department at Town Hall. Field request forms may be found online at www.townoftiburon.org. Requests for recurring field use are accepted beginning November 1 each year for the following March 15 through November 30 time period. 2. NON-RECURRING USE FIELD REQUEST PERMITTING A field use reservation request for a non-recurring use (three or fewer times per year) must be made no fewer than ten (10) calendar days prior to the desired date(s) of use and prior to a permit being issued. Proof of insurance must be submitted prior to permit issuance. A deposit is due at the time of request submittal. 3. FIELD PRIORITY FOR RESERVED (EXCLUSIVE) USE Reserved use will be allocated based on the following priority system: Group 1: Town-sponsored or co-sponsored events have first priority. Group 2: Belvedere-Tiburon Recreation (The Ranch) programs, and non-profit youth sports organizations with more than 75% 94920 zip code participant residency on the field, have second priority. Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY Town of Tiburon Public Works | 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 | www.townoftiburon.org 4 Adopted by Town Council 6/18/2014 Group 3: Peninsula school-related events have third priority. Group 4: Non-profit organized youth sports organizations with 50% to 75% 94920 zip code participant residency on the field have fourth priority. Group 5: Non-organized youth sports coached pickup games with 15 or more participants, training and conditioning with 50% to 75% 94920 zip code participant residency on the field have fifth priority. Group 6: Adult use for soccer games when field not in use. The Town Manager or his/her designee shall exercise sound judgment in determining the field use allocation for two or more equal priority groups requesting conflicting or overlapping times of use. The first tiebreaker for sports- related uses shall be “sport in season”. As used in this policy, the following terms have the meanings as set forth below: Non-Profit Eligibility: To qualify for a field use reservation, organizations must provide a copy of their letter of non-profit 501(c)(3) status with their ID number. Payment with an organization’s check is required. Residency: A resident is a person residing within zip code 94920. In the case of youth sports organizations and Tiburon peninsula school-related uses a youth’s attendance at the Reed Union School District or St. Hilary’s School shall qualify for residency. Residency verification shall be provided by a master league roster, team roster, or other means acceptable to the Town. Such roster shall be complete with player’s first and last names, address, phone number, and peninsula school affiliation if not residing in the 94920-zip code. Rosters must be made available upon request by the Town. Any organization found to be willfully misrepresenting its residency status may have its permit revoked and fees forfeited for the season and may be assigned last priority for field use scheduling for the immediately following season. Sport in Season: A pre-determined season of play based on traditional recreational sports activity periods as follows: Soccer: the priority season of play shall be set from August through mid-November, with recognized post-season play extending through January. Lacrosse: the priority seasons of play shall be set from February through May. Adult: An adult is defined as a person eighteen (18) years of age or older. Organized Youth Sports: Organized sport is defined as physical activity that is directed by adult or youth leaders and involves rules and formal practice and competition. School and club sports are included Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY Town of Tiburon Public Works | 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 | www.townoftiburon.org 5 Adopted by Town Council 6/18/2014 in this definition. Casual Use: All fields governed by this policy as open to the public. It is the intention of the Parks and Recreation Commission that fields are available for non-organized, drop-in use when not reserved. Field Sports: Soccer, lacrosse and other activities which can be accommodated on an open turf area without special permanent improvements (as required for baseball & softball). 4. FEES The standard field rental fees are as follows: $70 per hour for recurring and non-recurring users to use any portion of the field. These rates are subject to periodic review and adjustment. Hourly rate fees are due and payable prior to the issuance of a Field Use Permit. For recurring use youth sports organizations, the Town may determine to collect the fee prior to each sports season, quarterly, or through other schedule by mutual agreement. Failure to pay the fee in a timely manner may result in the default of the permit and loss of reserved field time. Twenty-five percent (25%) of the hourly rate rental fees collected shall be set aside in a restricted fund for capital improvements to McKegney Green, in accordance with a capital improvement plan adopted by the Town. The intent is for field rental users to supplement the investment of Tiburon taxpayers toward major improvements to the Green. 5. FIELD USE PERMIT STANDARD RULES AND REGULATIONS Permit holders must comply with the following Rules and Regulations, in addition to any special conditions that may reasonably be imposed upon the issuance of a Field Use Permit for McKegney Green: A. Permits cannot be transferred, assigned or subleased to any other person, group or organization for any reason. Subleasing will result in revocation of the permit. B. Permit holders must be in possession of their Field Use Permit or Town-posted McKegney Green Schedule in case there is a need to address the question of who has priority of use or reservation. If the permit holder cannot use the Green due to unauthorized use by another party, the permit holder should contact the Town of Tiburon Police Department at 415- 789-2801. C. The permit holder will be responsible for all actions and omissions that result in damage caused by their attendees. If additional maintenance is required (in excess of normal services/time) to restore the premises, turf, equipment, and/or property to reasonable use by others, the permit holder shall be charged accordingly. Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY Town of Tiburon Public Works | 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 | www.townoftiburon.org 6 Adopted by Town Council 6/18/2014 D. Verified complaints regarding a permit holder’s activity noise level, litter and debris, and/or disregard of parking regulations could lead to suspension or revocation of a permit or reservation, the forfeiture of the security deposit, and denial of field use in the future. E. McKegney Green may be lined prior to a permitted group use. Water-soluble spray paint and chalk are the only permitted means of lining. F. Soccer and lacrosse goals must be anchored at all times when they are located on the playing field. When goals are not being utilized for play, they must be secured off the playing field in a manner that will prevent tipping or any hazardous condition. G. The Town reserves the right to cancel an approved reservation due to maintenance needs, overuse of the field, unsafe conditions, or conflict with a Town-sponsored event. In these cases, reasonable attempts will be made to provide a minimum of ten (10) days advance notice. In the event of an emergency or cancellation of an approved field request by the Town, a full refund will be provided. H. Field users must instruct participants and spectators to park in Blackie’s Pasture public parking areas and avoid neighborhood parking. Field users should post directional signs, if needed, to guide participants and spectators to appropriate parking areas. If traffic/parking is an issue, the user group must provide volunteers to direct participants and spectators to designated parking areas. Field users must instruct participants that no dogs are allowed on McKegney Green. I. No group or individual is permitted to maintain a storage unit (or similar object) on or around a field without written approval from the Town. J. Users must pick up and remove any trash or litter generated by their activity. K. Games, practices, and other events are not to start before 8:00 am or extend later than 9:00 pm. No field use is permitted after dark. 6. WET FIELD RULES Wet Field rules are hereby established to prevent bodily injury and damage to the field from inclement weather and/or unsafe playing conditions. Groups that use the McKegney Green field are expected to assist in protecting their participants and the field during periods of rain or inclement weather. Sports use of a wet or saturated field may cause extensive damage resulting in field closure and costly renovations. Groups shall abide by the Wet Field rules and preserve the life and condition of McKegney Green by not using it in wet conditions. You may contact Public Works at 415-435-7399 regarding field closures. The following rules apply to a period of rainfall, an over-watered field and/or irrigation breaks. Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY Town of Tiburon Public Works | 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 | www.townoftiburon.org 7 Adopted by Town Council 6/18/2014 A. The McKegney Green field is deemed closed to use at any time during rainfall and for twenty-f our (24) hours after measurable rain, or when wet or muddy. Actual duration of closure is subject to discretion of Public Works. B. The Town reserves the right to cancel reservations or suspend Field Use Permits when field conditions could result in injury to players or users or cause damage to the field. Permits may also be suspended when the health and safety of participants are threatened due to existing or impending conditions, including but not limited to field maintenance, fertilizer application, lightning, or air quality alerts. C. During Town work hours, the Town’s Public Works Department maintenance staff will assess the playability of the Green to determine if use will occur. D. Recurring permit-holding users will be required to designate a Field Conditions Representative to apply these rules during non-business hours and on weekends. The designated representative shall have the authority and responsibility to close the Green or any portion thereof in accordance with the Wet Field rules. 7. TURF PRESERVATION GUIDELINES User cooperation is needed to preserve the turf on the field. Please abide by the following guidelines: A. Field use, especially sports practice, should be conducted in a manner so that play takes place on different sections of turf, thus reducing excessive turf wear and damage to any one area. Rotate use of areas (i.e., use middle of turf area for drills one day and sides of the field the following day) and, when possible, stay off of the fringe or bare areas to limit erosion and further damage. B. Replace turf divots at the end of each day to help re-root the grass. C. Remove all equipment from the field at the conclusion of use each day. D. Water-soluble paint and chalk are the only approved methods of applying lines to the field. E. Report field hazards to Tiburon Public Works at 415-435-7399 during Town working hours or to Tiburon Police Dispatch at 415-789-2800 during other hours. F. No tarps or material, which may damage the grass, may be placed on the Green. Any turf coverings used must be made of a breathable material. 8. SECURITY DEPOSIT AND FEE A fee of $100 is required for all non-recurring field use reservations. Recurring users are required to provide a $1,000 refundable security deposit. The Town may retain all or part of a security deposit, and/or assess additional fees, for the following reasons, without limitation: Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY Town of Tiburon Public Works | 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 | www.townoftiburon.org 8 Adopted by Town Council 6/18/2014 A. Damage to the field B. Misuse of the field C. Inadequate clean-up by the permit holder, requiring additional custodial/staff time following permit holder’s use D. Violation of field use rules If the additional fees due exceed the amount of the security deposit, the permit holder will be billed for the balance due. Payment will be due within thirty (30) days of the date of invoice. Unpaid fees will make the user group ineligible to apply for field use until the unpaid amount is settled in full. 9. INSURANCE AND LIABILITY REQUIREMENTS As a pre-condition of Field Use Permit issuance, the applicant shall provide to the satisfaction of the Town Attorney, the following: A. Evidence of general liability insurance in the amount of $1,000,000 per claim and $2,250,000 aggregate. B. Endorsements to that policy naming the Town and its officials, employees, and agents as an additional insured, with primary and non-contributory coverage. C. In addition, the policy shall contain a guarantee of at least thirty (30) days prior notice of a change to or cancellation of the policy. D. A signed agreement or clause agreeing to indemnify and hold the Town of Tiburon, its officers, agents, employees, and volunteers, harmless from any claims, liabilities, losses or expenses arising from use of McKegney Green. E. A statement acknowledging that the permit holder is not entitled to use the field until the Town Attorney has approved their evidence of insurance and that the Town disclaims responsibility for any accident, injury, liability, loss, or damage to persons or property as a result of unauthorized use of the field use of McKegney Green. 10. REFUNDS (a) Non-recurring users: For permitted events cancelled by the permit-holder twenty-one (21) calendar days or more in advance, a one hundred percent (100%) refund will be issued. For permitted events cancelled by the permit-holder less than twenty-one (21) calendar days in advance, no refund will be issued. Cancellations must be made in writing and submitted to and received by the Public Works Department in order to be entitled to receive a refund. If there is rain on the date of a non-recurring use reservation such that the event cannot be held, another date will be made available or a full refund for the rained-out Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY Town of Tiburon Public Works | 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 | www.townoftiburon.org 9 Adopted by Town Council 6/18/2014 date will be made available. (b) Recurring users: Recurring users are entitled to rescheduling privileges or refunds for cancelled events, rainouts, or reserved use times that were not used due to unusually lengthy periods of rain delay or other factors beyond the control of the recurring user that result in the inability to use the field during otherwise reserved times for that recurring user. 11. SAFETY-RELATED CLOSURES/TOWN PRIORITY The Town makes every effort to accommodate permit holders. However, the health and safety of users and the condition and playability of the field take precedence. As a result, the Town may close the Green and/or limit portions of the Green available for use at any time in its reasonable discretion. The Town of Tiburon reserves the right to suspend or cancel any reservations (permits) for field use or to temporarily close the field for any of the following reasons: A. Conflicts with a Town-sponsored or co-sponsored program, activity, or event B. Unscheduled Maintenance issues C. Over-use of the field D. Unexpected unsafe conditions The Town also reserves the right to preempt a reservation for a Town-sponsored or co-sponsored event. In the instances described above, reasonable attempts will be made to provide advance notice and to reschedule field use for permit holders. 12. RE-SEEDING AND TURF MAINTENACE The Town may close the Green and/or limit portions of the Green available for use at any time in its reasonable discretion. The field will be closed in December, January, February and July for annual rest and maintenance. 13. SUSPENSION OF PERMIT/VIOLATIONS A. The Town Manager, Director of Public Works/Town Engineer, Superintendent of Public Works, and the Chief of Police (and their respective designees) shall have the authority to suspend a field use permit, and may suspend any permit if the permit holder has done any of the following: A. Violated any provision or requirement of approval imposed on the permit. B. Violated any provisions of the law. C. With the actual conduct of the activity, threatened the preservation of the public health, safety Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY Town of Tiburon Public Works | 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 | www.townoftiburon.org 10 Adopted by Town Council 6/18/2014 or general welfare or unreasonably interfered with the use and enjoyment of other property in the vicinity of the activity. B. Misuse of the field or the failure to comply with permit conditions, established rules and regulations, or any Federal, State, or local law shall be sufficient grounds for the immediate revocation of the permit and/or denial of any future applications. No refund will be granted. Field Improvements The Town of Tiburon encourages partnerships and volunteerism to improve field quality and maintenance. However, in the absence of a written agreement, donations and/or contributions of time do not give any organization priority. Groups wishing to alter the field or ancillary areas must submit all improvement or alteration requests in advance to the Tiburon Public Works Department and receive written approval. Interpretation of Policy The Town Manager or his/her designee will make interpretations of the meaning of this Policy, and may override the Policy if he/she determines doing so is in the best interests of the Town. The Town Manager’s interpretation shall be final. The POST Commission shall review the Policy on a yearly basis at their May meeting. EXHIBIT 5 From:SUSAN SUNDBERG To:Holli Thier; Alice Fredericks; Jack Ryan; Jon Welner Subject:Changes for use of McKegney Green Date:Sunday, July 25, 2021 7:58:02 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Town Council Members: I am opposed to the following changes for McKegney Green: Allowing Commercial Concessionaires or Vendors Allowing amplified sound Alcohol consumption Living on Reed Ranch Road, we are well aware of how sound travels up the hill which we do not want. Amplified sound as well as sound from the food trucks will travel upthe hill and disturb residents on Reed Ranch Road and neighboring streets. Also, we do not want alcohol consumption allowed on the green. There are many places in Tiburon where alcohol can be purchased and safely consumed. We do not need another place (and especially one where there are many activities for children)to be a place for alcohol consumption. Finally, food trucks would create noise, litter, and unwanted competition for our local restaurants, These uses of McKegney Green would also damage and possible destroy the athleticfields of McKegney Green. It took a great deal of money and time to create the wonderful field that we now have. Pleases do not allow any of these changes to pass. Susan and Rich Sundberg From:Jessica Hotchkiss To:Town Cc:Lea Stefani Subject:Support of proposed McKegney Green Policy changes Date:Wednesday, July 28, 2021 10:06:34 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Tiburon Town Council, On behalf of The Ranch Staff and Board of Directors, we would officially like to show our support of the proposed changes to the McKegney Green Field Use Policy, put forth by the POST Commission. The Ranch relies on town parks and open spaces to provide quality, healthy recreation to the community and these proposed changes would help The Ranch fulfill those goals, specifically in the area of offering adult sports. Up until now, local adults have had to seek recreational sport opportunity outside of this community or within the private sector. The direction to create more public multi-use spaces, from existing Town properties, is a benefit to all and we urge Tiburon Town Council to approve these proposed changes. Sincerely, Jessica Hotchkiss, The Ranch Recreation Director & Jason Rosell, The Ranch Board Chair The Ranch Dairy Knoll Center at 600 Neds Way Tiburon, CA 94920 Phone: 415-435-4355 ext. 1004 Visit our website Like us on Facebook Follow us on Instagram 1 David Eshoo From:Lalita Waterman <lalita.waterman@gmail.com> Sent:Monday, July 26, 2021 6:56 PM To:Greg Chanis Cc:Holli Thier; Jon Welner; Alice Fredericks; Jack Ryan; Lee Darby Subject:Proposed McKegney Green Use Policy Changes Follow Up Flag:Follow up Flag Status:Flagged CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Greg, This e-mail for the Town Council has come from a longstanding homeowner with the request that it gets to our Town Council. Would you please ensure that the needful is done and confirm timely receipt? Many thanks and best regards, Lalita Waterman 36 Southridge West (415) 381-4467 ---------- Forwarded message --------- From: Lee Darby <leevdarby@gmail.com> Date: Mon, Jul 26, 2021 at 5:53 PM Subject: Response to proposed McKegney Green policy changes To: Lalita Waterman <lalita.waterman@gmail.com> To the Tiburon Town Council: Re the recent proposed changes to McKegney Green usage Food trucks: do we need wrappers and cups blowing in the wind down there? Is Public Works able to add litter patrols and additionally, are the restrooms up to increased usage? I don't even want to think about the potential for fire from a food truck.... Are food purveyors in downtown Tiburon or the Cove in favor of this? The Town talks big about trying to revitalize downtown, but allowing food trucks (and it would be on weekends, when the parking is already impacted) seems to undercut some of those efforts. Adult soccer: if in fact adult soccer tears up the field, why would it be allowed now? Do we need to draw players from outside our zip code and perhaps even farther out? And encourage them to bring alcohol? Again, consider the impact on neighborhood streets: Reed Ranch Road, Stewart/Virginia Drives, and Avenida Miraflores. The weekend overflow goes to those streets. Amplified sound: Please consider the concept of "quiet enjoyment" of our properties. Our neighborhood is a natural amphitheater for traffic and other noise that creeps up the hills. (Sometimes we can hear music from Harbor Point and 2 Sausalito as the sound travels across the water.) We do not need music or any other amplified sounds emanating from the fields or Blackie's Pasture other than the Reed Regatta and Blackie's Hay Day, both of which benefit our children. We do not need amateur music buskers with their own sound systems trying to earn their money down there or anywhere in our town. I want to be clear that I do not speak for the Reed Heights-Tiburon Knolls property owners association. I was a member of this association for 40 plus years but it is now inactive. However, I did a straw poll of a number of neighbors last week and found little enthusiasm for this proposal. I respectfully ask the town council, none of whom live near McKegney Green, to think how they would vote if this was proposed in their back yards..... Sincerely, Lee Darby 543 Comstock Drive phone 435-0353 July 29, 2021 Town Manager, Greg Chanis Town of Tiburon Dear Mr. Chanis, I write to state my concerns about the proposed changes to the McKegney Green Field Use Policy that were unanimously approved by the Tiburon Parks, Open Space and Trail Commission (“POST”). I have looked at the proposed changes, both as an attorney and as a property owner/resident of Tiburon. First and foremost, I believe that the Town of Tiburon should retain the current policy prohibiting the use of any alcohol or tobacco on McKegney Green which states: “No alcohol or tobacco products are allowed.” The proposed change (shown in bold and italics) modifies the language to say: “No alcohol or tobacco products are allowed at youth events.” Using basic rules of statutory construction, the modification is a tacit invitation to consume alcohol and tobacco products at all times, except at youth events. I would strongly advise against such a modification that essentially sanctions the use of alcohol on McKegney Green which, as stated on the McKegney Green Field Use Policy itself, is a “Town-controlled field.” The proposed changes expand the permitting process for use of the field by “recurring organized youth sports” to “recurring sports” thereby allowing adult sports. While a permit is required and rules are specified to use and protect the field, there are essentially “no guardrails” for the use and consumption of alcohol or tobacco. This is problematic because it creates potential liability for the Town. As a property owner and resident of the Bel Aire neighborhood, I am very concerned about the impact that food trucks, amplified sound, and expanded use of McKegney Field would have on the Town itself. I am not in favor of allowing food trucks to service McKegney Field. Especially during these difficult economic times, caused by the pandemic, we should encourage people to patronize local businesses, not create competition for them. Allowing amplified sound on McKegney Green creates a number of problems that range from: how permission is granted, for what reason, and every consideration in between. In addition, why allow amplified sound in a public park that is meant for everyone to use, including those looking for quiet enjoyment? Another critical factor is the sound generated by the amplification and how it will impact the surrounding neighborhoods. The condition and deterioration of McKegney Green, caused by expanded use, is also very concerning given that the Town spent approximately $2 million to redo the field about two years ago. I would be interested to know what the Town currently spends to maintain the field and the costs it anticipates with expanded use of the field, as proposed. Last but not least, I am also concerned about how expanded use of the field and the proposed changes could potentially impact parking and traffic in the surrounding areas. I thank you for your attention to the concerns that I raised. I am grateful for your leadership and would be happy to discuss the matter with you further at your convenience. Respectfully, Leonor “Nora” Noguez 346 Karen Way Tiburon, CA 94920 (415) 960-4404 From:Greg Chanis To:Lea Stefani Subject:FW: POST recommendations Date:Tuesday, August 24, 2021 4:49:51 PM Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 / (415) 435-7383 From: Nancy Sumner <nancy.sumner@comcast.net> Sent: Thursday, July 29, 2021 11:55 AM To: Holli Thier <hollithiertiburontowncouncil@gmail.com>; Jon Welner <jwelner@townoftiburon.org>; Alice Fredericks <afredericks@townoftiburon.org>; Jack Ryan <jryan@townoftiburon.org> Cc: Greg Chanis <gchanis@townoftiburon.org> Subject: POST recommendations CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. July 29, 2021 Dear Holli, Alice, Jon and Jack I am the President of, and am writing on behalf of the Reedlands Property Owners Association Board in response to the recent recommendations from the Parks, Open Space, and Trails commission to update the recreational use of McKegney Green. As you are aware, the Reedlands is located directly across from the entrance to Blackies Pasture and the access to McKegney Green. As a result we are impacted by of much of the activities that occur there such as the Reed Regatta, Blackies Hay Day, all the soccer practices and games, special local school events and a variety of races that are often staged there as well. Other than then the regular soccer games/events (which are a consistent weekend occurrence in the fall months), most of them are only occasional and are not a general nuisance to the neighborhood. We on the RPOA Board are concerned that the changes to recreational use of McKegney Green will have a negative impact for not only the Reedlands, but all the neighborhoods that surround Blackies and McKegney Green. The following are the recommendations from the RPOA board: The RPOA Board supports the following updated recommendations: · Banning dogs altogether on McKegney Green · Allowing adult soccer with a permit. Adult soccer would be #6 in ranking to other permissible uses of the green · Banning pick-up games of rugby, golf, and other sports that put significant divots in the field · Prohibiting all Tobacco and vaping, etc. products The RPOA Board does not support the following updated recommendations: · Commercial Concessionaires or Vendors (aka Food Trucks) would be allowed as part of a special event permit to park near McKegney Green via access from Blackies Pasture parking lot. Not only will this create extra traffic, noise, garbage, truck pollution, but also overflow parking potentially on Reed Ranch Road. The food merchants in Tiburon (especially at the Cove Shopping Center) would be negatively impacted as this could take away important revenue from restaurants and other food vendors hanging on by a thread. It was unclear how often these be allowed to come. · Amplified Sound: the recommendation would allow for anyone with permission from the Department of Public Works at any time to amplify sound (music, announcements, etc.) at McKegney Green. Not only will this take away the peace and serenity of this beautiful spot but contribute to noise pollution. This recommendation as it is currently written is not limited to permission for locals only, nor is there a specific time frame for the application to occur: ie, up to 10 pm. There does not appear to any parameters as to how often this would be allowed to happen from any particular group, nor the maximum number of times this can occur from all groups in a given year. · Alcohol Consumption would be allowed on McKegney Green except during youth sporting events. When you combine food trucks, amplified music and alcohol consumption on McKegney Green you end up with garbage, noise, parking problems, and more cars on Tiburon Boulevard. It is unclear if those that are making the recommendation have any idea of the impact on the surrounding neighborhoods. We on the RPOA board would encourage you to take a good look at what is being proposed and make your recommendations based on the interest of the surrounding neighborhoods as well as the message you want to make to best represent the Town of Tiburon. Best, Nancy Sumner, President Jeff Slavitz, Treasurer Kim Bergstrom-Brune, Secretary Lalita Waterman, Unit Chair Valerie Hancock, Unit Chair Darryl DeVinney, Unit Chair Patty Rock, Unit Chair In addition the following neighbors have requested their names be added to this letter: Joe and Ann McCormack 23 Via Capistrano Pat and Jim Arce 36 Terrace Court Richard and Amy Cerussi 16 Indian Court Jeff and Vida Harband 21 Via Capistrano Did Maillard 13 Reed Ranch Road Ken Rowles 58 Reed Ranch Road Ann Soloman 37 Reed Ranch Road Joanne and Tom Reilly 43 Reed Ranch Road Eric and Maria Clothier 64 Reed Ranch Road John and Deborah Greenspan 28 Southridge East Bill Seaman 46 Southridge West Marguerite Middendorf 2 Southridge East Eric and Barbara Roberts 4 Burrell Court Michael and Phillapa Beaumont 7 Burrell Court Michael Seda DMD 8 Burrell Court Sandra Ruegg 9 Corte Palos Verdes Will Glasglow and Nancy Floyd 4 Warrens Way TO MAYOR HOLLI "IER, VICE-MAYOR JON WEINER, COUNCIL MEMBER ALICE FREDERICKS, COUNCIL MEMBER JACK RYAN, & TOWN MANAGER GREG CHANIS: We, the undersigned residents of Tiburon, are opposed to: a) AmDlified Sound at MCKegney Green because of its impact on the quality of life of those who live in the surrounding neighborhoods; and bl Commercial Concessionaires or Vendors /aka Food Trucksl being allowed near MCKegney Green or at BIackie's Pasture. Signature; printed name & address Signature; printed name & address Signature; printed name & address Signature; printed name & address Signature; printed name & address Date Date Date Date Michael Hancock 8 East Terrace Lara McCaskill 1 Greenwood Court 1 David Eshoo From:Lalita Waterman <lalita.waterman@gmail.com> Sent:Wednesday, August 25, 2021 10:42 PM To:Greg Chanis Cc:David Eshoo Subject:Petition re. Proposed Changes to McKegney Green Use Policy Attachments:Petition - McKegney.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Greg, Attached is a Request signed by 5 residents of Tiburon who are OPPOSED to amplified sound and commercial concessionaires at McKegney Green. Due to pre-existing commitments, they may not be able to attend the Council meeting and want to make sure that their concerns are noted: Rev. Phillip Ellsworth Rick Waterman Ellen Hall Bob Austrian Noah Griffin This Request is addressed to Mayor Thier and the other 3 Council Members. Please forward to them at the earliest. Possible to also include it in the packet that is given to Council Members in advance of their upcoming consideration of this matter? Kind regards, Lalita Waterman TO:Tiburon Town Council FROM:Jon Porter Southern Marin Lacrosse Club (SMLC) RE:McKegney Green Field Use Policy Update DATE:August 30, 2021 Dear Tiburon Town Council Members The Southern Marin Lacrosse Club fully supports the updated field use Policy for McKegney green that was put forth by POST in July, 2021. SMLC prohibits the use of alcohol at all lacrosse practices and games. We’re also a member of the “Raising the Bar” organization which aims to keep youth events substance free. Furthermore, SMLC also prohibits the use of amplifiers at all games and practices throughout the year. Finally, SMLC supports banning dogs from accessing the playing field. Similar policies are in place in every facility we use in order to prevent bad injuries for the kids. Dogs dig into the field and the holes grow in size and become very dangerous for the athletes.When a player steps into a hole, especially when running full speed, the result is often a sprained/broken ankle or a torn knee. I hope this clears up any concerns or questions residents may have as it pertains to SMLC events. Sincerely, Jon Porter Southern Marin Lacrosse Club From:Noah Griffin To:Holli Thier; Jon Welner; Jack Ryan; Alice Fredericks Cc:Lalita Waterman Subject:Fwd: McKegney Green Date:Thursday, August 26, 2021 5:17:03 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. ---------- Forwarded message ---------From: Noah Griffin <noahgriffinfortowncouncil@gmail.com>Date: Thu, Aug 26, 2021 at 2:29 PMSubject: McKegney GreenTo: Lalita Waterman <lalita.waterman@gmail.com> Dear Holli, Alice, Jon, and Jack I am writing concerning the recent recommendation from the Parks, Open Space, and Trails Commission to update the recreational use of McKegney Green. I live not far from Blackies Pasture and McKegney Green. I have been talking with my neighbors in the Reedlands across from the entrance to Blackie's Pasture and Little Reed Heights above McKegney Green who are impacted by the activities involving large numbers of people that occur on McKegney Green. The residents are not concerned about the regular soccer games and events on McKegney Green, or the occasional large events on Blackie's Pasture to date. Nor are they concerned about the recent recommendations made by the POST concerning the banning of dogs, allowing adult soccer, or banning pickup games of rugby and other sports prone to create significant divots in McKegney Green. They are however concerned about commercial concessionaires or vendors, amplified sound, and alcohol consumption on McKegney Green. I have listened to the issues they have with allowing these uses and activities and find them to be considerable. I encourage the Council to find a way to take account of the particular interests of the residents of the surrounding neighborhoods when deciding what is in the best interest of the Town of Tiburon. Respectfully, Noah Griffin -- From:Eric Roberts To:Holli Thier; Jon Welner; Alice Fredericks; Jack Ryan Subject:McKegney Green Date:Saturday, July 24, 2021 2:04:56 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council Members I am writing in response to potential changes to the use of MCKegney Green. I am in favor of the following proposals: · Banning dogs altogether on McKegney Green · Allowing adult soccer with a permit. Adult soccer would be #6 in ranking to other permissible uses of the green · Banning pick-up games of rugby, golf, and other sports that put significant divots in the field · Prohibiting all Tobacco and vaping, etc. products On the other hand I strongly oppose the following proposals: · Commercial Concessionaires or Vendors (aka Food Trucks) would be allowed as part of a special event permit to park near McKegney Green via access from Blackies Pasture parking lot. I believe that this proposal would create extra traffic, noise, garbage, truck pollution, but also overflow parking potentially on Reed Ranch Road. Further, I believe that the food merchants in Tiburon (especially at the Cove Shopping Center) would be negatively impacted as this could take away important revenue from restaurants and other food vendors hanging on by a thread. · Amplified Sound: the recommendation would allow for anyone with permission from the Department of Public Works at any time to amplify sound (music, announcements, etc.) at McKegney Green. · Alcohol Consumption would be allowed on McKegney Green except during youth sporting events. When you combine food trucks, amplified music and alcohol consumption on McKegney Green you end up with garbage, noise, parking problems, and more cars on Tiburon Boulevard. Thank you for your consideration. Eric Roberts 4 Burrell Ct, Tiburon CA 94920415.699.1864 From:Lee Darby To:Holli Thier; Jon Welner; Alice Fredericks; Jack Ryan Subject:proposed changes to McKegney Green usage Date:Monday, July 26, 2021 6:04:00 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Food trucks: do we need wrappers and cups blowing in the wind down there? Is PublicWorks able to add litter patrols and additionally, are the restrooms up to increased usage? I don't even want to think about the potential for fire from a food truck....Are food purveyors in downtown Tiburon or the Cove in favor of this? The Town talks big about trying to revitalize downtown, but allowing food trucks (and it would be on weekends,when the parking is already impacted) seems to undercut some of those efforts. Adult soccer: if in fact adult soccer tears up the field, why would it be allowed now? Do we need to draw players from outside our zip code and perhaps even farther out? And encouragethem to bring alcohol? Again, consider the impact on neighborhood streets: Reed Ranch Road, Stewart/Virginia Drives, and Avenida Miraflores. The weekend overflow goes to thosestreets. Amplified sound: Please consider the concept of "quiet enjoyment" of our properties. Our neighborhood is a natural amphitheater for traffic and other noise that creeps up the hills. (Sometimes we can hear music from Harbor Point and Sausalito as the sound travels across the water.) We do not need music or any other amplified sounds emanating from the fields orBlackie's Pasture other than the Reed Regatta and Blackie's Hay Day, both of which benefit our children. We do not need amateur music buskers with their own sound systems trying toearn their money down there or anywhere in our town. I want to be clear that I do not speak for the Reed Heights-Tiburon Knolls property owners association. I was a member of this association for 40 plus years but it is now inactive. However, I did a straw poll of a number of neighbors last week and found little enthusiasm for this proposal. I respectfully ask the town council, none of whom live near McKegney Green,to think how they would vote if this was proposed in their back yards..... Sincerely, Lee Darby 543 Comstock Drive phone 435-0353 From:Eric Clothier To:Holli Thier; Jon Welner; Alice Fredericks; Jack Ryan Cc:"Maria Clothier" Subject:Proposed Changes to McKegney Green Date:Monday, July 26, 2021 4:12:57 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Town Council, We are writing to share our point of view regarding the proposed changes to McKegney Green, which we understand you will be voting on during your August 4th meeting. We support banning dogs on McKegney Green, allowing adult soccer with a permit, banning pick-up games of rugby, golf, and other sports creating significant divots, and prohibiting all tobacco and vaping. We venture to guess that the most controversial of these will be banning dogs. Even as dog lovers and until recently dog owners, we understand the unfortunate fact that too many dog owners do not pick up after their dogs, creating sanitation issues especially for sports participants and young children. As there are other nearby areas where folks allow their dogs to run we can at least attempt to preserve the Green as a dog waste-free zone. The proposals that alarm us and that we wholeheartedly DO NOT support are Commercial Concessionaires or Vendors, Amplified Sound, and Alcohol Consumption. To our minds the entire coastal area from the Blackie’s Pasture parking lot to San Rafael Ave. should be preserved as much as possible as a natural habitat and respite where people can enjoy the outdoors free from excessive crowds, noise, and trash. Food trucks and the like will create visual blight, foul the air, invite crowds, and create more maddening trash—the antithesis of what we feel the area should offer residents. We have the same concern with amplified sound in that it runs counter to the goal of preserving and enhancing a peaceful outdoor respite for Town residents. The reach of amplified sound is even worse, as, for example, we can distinctly hear the annual Reed Regatta from our home far up the hill at 64 Reed Ranch Rd. I can only imagine the impact on residents directly across Tiburon Blvd. from the Green. Finally, while we understand the attraction of a nice Chardonnay with a picnic lunch on the Green, we feel it is unwise to invite alcohol consumption to such a family-oriented environment with lots of small children around. We do not feel there is a shortage of more appropriate venues where we can enjoy our alcohol, and that the emphasis of the Green and surrounding area should be on active recreation in as natural a habitat as possible. Thank you for considering our points of view. Respectfully, Eric and Maria Clothier 64 Reed Ranch Rd. Tiburon, CA 94920 From:Lara McCaskill To:Holli Thier; Jon Welner; Alice Fredericks; Jack Ryan Subject:Proposed Changes to McKegney Green Date:Monday, July 26, 2021 4:44:44 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I'm a Reedlands homeowner and am concerned about some of the proposed changes for McKegney Green. Along with the Reedlands Property Owner's Association, I do not support: Commercial Vendors (Food Trucks) - there simply isn't enough space to accommodate this without a significantly negative impact to the surrounding area. Thiswould create additional waste, traffic, noise, and pollution. There are plenty of businesses to draw customers to in Tiburon that are struggling and we should befocusing our efforts to revitalize our downtown, not create another unnecessary venue for Food Trucks. Amplified Sound - Our beautiful surrounding has many unique characteristics, one of which is the natural way sound amplifies up from McKegney all the way into theneighboring hillsides. This can be incredibly disruptive in the evenings and late at night. Thank you for your attention to this matter. Lara McCaskill 1 Greenwood Ct, Tiburon, CA 94920 -- Lara McCaskill415.359.3802 From:Roy Gordon To:Holli Thier; Jon Welner; Alice Fredericks; Jack Ryan Subject:Proposed changes to use of McKegney Green Date:Monday, July 26, 2021 3:13:45 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Tiburon Town Council Members, My wife, Esme Gordon, and I reside at 140 Avenida Miraflores. We strongly disagree with the following proposed recommendations for McKegney Green: Commercial Concessionaires or Vendors (aka Food Trucks) Amplified Sound Alcohol Consumption The green was recently refurbished and should be used only for youth and adult outdoor physical activities. There is plenty of space in downtown Tiburon forCommercial Concessions, Amplified Sound and Alcohol Concessions. Holding events at McKegney Green does not support our community’s effort to revitalizethe downtown area. Please vote against these recommendations. Thank you, Roy and Esme Gordon From:Katharine Purdy Herbert To:Holli Thier; Jon Welner; Alice Fredericks; Jack Ryan Subject:RE: The Tiburon Parks, Open Space and Trails Commission’s updated recommendations regarding the use of McKegney Green. Date:Monday, July 26, 2021 3:08:42 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Tiburon Town Council, I do not support the following recommendations: Commercial Concessionaires or Vendors allowed as part of a special event permit to park near McKegney Green via access from Blackie’s Pasture parking lot. Not only will this create extra traffic, noise, and garbage but also overflow parking, potentially on neighboring roads. The food merchants in Tiburon could be negatively impacted by competing for important revenue from restaurants and other food vendors who are struggling to survive in our community. Transient food trucks are fun, but it is important to support those who have the courage and stamina to remain open and pay rent and taxes during this challenging time. Amplified Sound: Sound easily travels from McKegney Green into neighboring communities. The cheering on of games and the yearly Reed Regatta events are tolerated in support of our community. The peace and serenity of this beautiful spot will be compromised and contribute to noise pollution. Alcohol Consumption should not be allowed on McKegney Green. The combination of food trucks, amplified music and alcohol consumption on McKegney Green will contribute to increased litter, garbage, noise, parking congestion, and traffic on Tiburon Boulevard. Please do not support these recommendations. Kind regards, Katharine kp@kpherbert.com From:Kathryn Servino To:Holli Thier; Jon Welner; Alice Fredericks; Jack Ryan Subject:Recommendations regarding the use of McKegney Green Date:Saturday, July 24, 2021 12:23:17 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To Tiburon Town Council Members: As homeowners in the Reedlands to wish to express our concern over certain recommendations for the use of McKegney Green as reported in the July 14th Ark article. We agree with the RPOA recommendations as stated below: The RPOA Board supports the following updated recommendations: · Banning dogs altogether on McKegney Green · Allowing adult soccer with a permit. Adult soccer would be #6 in ranking to other permissible uses of the green · Banning pick-up games of rugby, golf, and other sports that put significant divots in the field · Prohibiting all Tobacco and vaping, etc. products The RPOA Board does not support the following updated recommendations: · Commercial Concessionaires or Vendors (aka Food Trucks) would be allowed as part of a special event permit to park near McKegney Green via access from Blackies Pasture parking lot. Not only will this create extra traffic, noise, garbage, truck pollution, but also overflow parking potentially on Reed Ranch Road. The food merchants in Tiburon (especially at the Cove Shopping Center) would be negatively impacted as this could take away important revenue from restaurants and other food vendors hanging on by a thread. · Amplified Sound: the recommendation would allow for anyone with permission from the Department of Public Works at any time to amplify sound (music, announcements, etc.) at McKegney Green. Not only will this take away the peace and serenity of this beautiful spot but contribute to noise pollution. Those folks who live nearer to Blackies Pasture are reminded of the once yearly Reed Regatta and the noise it creates. While we all tolerate this in support of our schools, this recommendation is not limited to permission from locals only. · Alcohol Consumption would be allowed on McKegney Green except during youth sporting events. When you combine food trucks, amplified music and alcohol consumption on McKegney Green you end up with garbage, noise, parking problems, and more cars on Tiburon Boulevard. Thank you for your attention. Best regards, Kathryn and Angelo Servino 41 N Terrace Tiburon From:Ken Rowles To:Holli Thier; Jon Welner; Alice Fredericks; Jack Ryan Subject:Save McKegney and Tiburon. Date:Monday, July 26, 2021 3:38:21 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Tiburon Town Council: Thank you for all you do to make Tiburon special. Please don't open up McKegney to food trucks, alcohol, dogs, and amplified music. Allowing these would be both economic and quality of life losers for Tiburon. 1. Allowing food trucks make littles sense if the town is trying to draw more visitors to downtown Tiburon and it is likely to have the opposite effect. Additionally, there does not seem to be any independent evidence that food trucks offer any economic and community benefit. Meanwhile, the prescence of food trucks could actually hurt local restaurants and will likely leave a trail of toxic grease, waste water, and garbage requiring the town to spend big sums to clean up afterwards. Some communities are actively trying to get rid of food trucks but the trucks are proving just as hard to get rid of as the rat and vermin infestations they brought to the surrounding homes. 2. McKegney offers a striking first impression of Tiburon and in a community tightly constrained for kids fields, it is an irreplaceable asset for local youth soccer and lacrosse leagues. Allowing adults to play on McKegney makes sense if kids activities (sports and other) are given the highest priorities. However, the town should keep a very close watch as adult players of some sports are much harder on the fields and other towns are dealing with violence at adult sports leagues which is forcing them to dedicate stretched police resources to monitor games. 3. Permitting alcohol at what is a primarily a kids sports venue doesn't make sense. Many places don't allow bars near schools, why would we allow alcohol on what is primarily a kids sports field? Already, you can't visit McKegney on a weekend afternoon without finding garbage cans overflowing with empty alcohol bottles and red solo cups while passing tipsy fans headed to their cars. There are 10+ great places you can get a drink in Tiburon, all of which would love to have more business, are in the responsible alcohol business, and the town wants to support. Instead of opening the McKegney tavern, the town should be aggressively promoting the existing downtown or cove restaurants for post game meals and festivities. 4. Unleashed dogs on McKegney will quickly turn into a dog run with no grass, holes everywhere, and lots of mess (visit the Sausalito dog run for what McKegney will become). There is probably no quicker way to destroy McKegney than allowing offleash dogs, and I have a dog. For a small investment, the town could put a fenced area on Blackies and finally make a terrific dog run. Then, once there is an alternative space for dogs, aggressively enforce the McKegney dog ban. The off leash citations will probably quickly pay for the cost of the fenced dog run. 5. Opening McKegney to unpermitted amplification is bad policy. Once a year when the Reed Schools Foundation would hold their large fundraising gala at Blackies, it was widely embraced because it was special, long planned, one night, well managed, and benefitted the schools. Effectively opening McKegney to this every day of the year would force thousands of full time, tax paying, hard working Tiburon residents within earshot to listen to whatever was being amplified on the field or be forced to leave their own homes to escape the noisy activity of a handful of people who may not have any attachment to our community. For this, there would be zero economic or other benefit. There is good reason no other community in Marin or anywhere seems to allow amplification like what is being proposed. Lastly, allowing amplification seems inconsistent with the Noise Element of the Tiburon 2020 General Plan as McKegney is a sensitive receptor area, while also contradicting Noise Goals 7.3 N-A in the plan, and amplification would probably far exceed existing noise guidelines. The hard work put into the public and private $2+ million multi year process to upgrade McKegney would be quickly squandered upon allowing these proposed activities. Allowing these activities will waste hundreds of thousands of generous private donations and millions of taxpayer dollars with, perhaps, zero positive net benefit to local businesses and likely cause a huge hit to the quality of family life in Tiburon. Instead, use the momentum and success from this amazing public and private effort to make McKegney better by taking out the sewage retention ponds and adding things like more kids playing fields, volleyball courts, a fenced dog run, a meditation area, ping pong, cornhole, chess tables, community gardens, or an emergency water reserve for the town's residents. From:Kim Bergstrom To:Holli Thier; Jon Welner; Alice Fredericks; Jack Ryan Subject:Updated use recommendations for McKegney Green Date:Wednesday, August 4, 2021 7:09:51 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. August 4, 2021 Dear Mayor Thier and Town Council members, I watched a taped zoom call in which the Parks, Trails and Open Space Commission for Tiburon brought forth their final set of updated recommendations for the use of McKegney Green. I first want to commend the Parks Commission for the thorough due diligence they performed by asking neighboring towns about their use of similar athletic fields. I thought they did a nice job of displaying some of the key features of the regulations compared to those neighboring towns. I would also like to commend them for upholding several earlier use regulations and some additions they made including: · Dogs banned entirely · All Tobacco products including vaping products prohibited · Sports including golf, rugby, etc. that put divots in the field prohibited · Adult soccer allowed but further down on the priority list than youth sports I would also like to make known my concerns about some of their recommendations including: · Amplified sound · Food trucks/commercial vendors near field · Alcohol use permitted outside of youth sporting events With respect to amplified sound without mention of permits or time of day, it is important for the town council to know that those of us living uphill of Blackies Pasture and McKegney Green bear the full brunt of sound emanating from those areas. While we understand the use of Blackies Pasture for the annual Reed Regatta for the sake of our schools, it is not just a 1 night event but the hammering and rigging goes on for at least 2 days prior to the event and a full day after. All of it is noisy. I feel that the amplified noise issue is a very slippery slope. Who wouldn’t want to conduct all school graduations on this beautiful spot? Then it becomes out of town requests for use of larger events with sound amplifications. Where does it end? Who decides what types of events can have amplified noise? Food Trucks/Commercial vendors near the field during special events. If you are speaking of a taco truck during the “Fall Kick-off Soccer tournament”, or Blackies Hay Day that is one set of things but I think the town council needs to seriously consider putting very strict conditions on when/who/how this occurs. The Cove Shopping center and downtown food merchants rely on us all to keep them afloat. Not only would food trucks bring more noise, trash, and people to the Blackies/McKegney parking lot but they compete with our own food merchants. Alcohol use: I thought it was interesting that other towns do not allow alcohol on their athletic fields at all, and yet our Parks Commission added this as a recommendation for use of McKegney. This is another slippery slope that our police will be able to do nothing about if it were to get out of hand. Let’s leave our athletic fields alcohol free. Thank you in advance for your consideration of these points. Respectfully submitted, Kim Brune 2 East Terrace Tiburon, CA 94920 From:Seaman, William To:Holli Thier; jweiner@townoftiburon.org; Alice Fredericks; Jack Ryan; Nancy.Sumner@comcast.net Cc:Papadakis, Maxine Subject:Use of McKegney Green Date:Saturday, July 24, 2021 12:54:31 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor Thier and Council members Weiner, Fredericks, and Ryan, I write regarding the proposed changes in the use of McKegney Green. I strongly oppose any plan that would allowthe use of any more events with amplified sound. I wish we could get rid of the one we have, even though it is for agood cause. The sound from that event carries up into the hills, making it an unpleasant evening for those who liveevan half a mile away. Please don’t allow more. I also think it a bad idea to set up food trucks. Even now, the parking lot is sometimes full. Also, this likely toincrease trash and garbage. McKegney Green is a wonderful place, and we all enjoy its tranquility. It would be nice if we could keep it thatway. Thank you for your consideration. Bill Seaman46 Southridge Rd WestTiburon Sent from my iPhone From:Christina Nahabedian To:Holli Thier; Jon Welner; Alice Fredericks; Jack Ryan Cc:Dad (Mark) Subject:Vote on Parks Commission Recommendation Date:Monday, July 26, 2021 6:26:26 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor Their, Vice Mayor Welner, Mr. Ryan and Ms. Fredericks: We understand that there are recommendations coming up for vote regarding potentialchanges to Blackies Pasture and McKegney Green. We appreciate and support the recommendations that help maintain McKegney Green,including: · Banning dogs altogether on McKegney Green · Allowing adult soccer with a permit. Adult soccer would be #6 in ranking to other permissible uses of the green · Banning pick-up games of rugby, golf, and other sports that put significant divots in the field · Prohibiting all Tobacco and vaping, etc. products It is especially important to prohibit all tobacco and vaping products, as these products ruin the air quality (especially for our kids), as they play and exercise at McKegney Green and alongthe walking paths. We DO NOT SUPPORT the following updates recommendations: · Commercial Concessionaires or Vendors (aka Food Trucks) would be allowed as part of a special event permit to park near McKegney Green via access from Blackies Pasture parking lot. Not only will this create extra traffic, noise, garbage, truck pollution, but also overflow parking potentially on Reed Ranch Road. The food merchants in Tiburon (especially at the Cove Shopping Center) would be negatively impacted as this could take away important revenue from restaurants and other food vendors hanging on by a thread. · Amplified Sound: the recommendation would allow for anyone with permission from the Department of Public Works at any time to amplify sound (music, announcements, etc.) at McKegney Green. Not only will this take away the peace and serenity of this beautiful spot but contribute to noise pollution. Those folks who live nearer to Blackies Pasture are reminded of the once yearly Reed Regatta and the noise it creates. While we all tolerate this in support of our schools, this recommendation is not limited to permission from locals only. · Alcohol Consumption would be allowed on McKegney Green except during youth sporting events. When you combine food trucks, amplified music and alcohol consumption on McKegney Green you end up with garbage, noise, parking problems, and more cars on Tiburon Boulevard. Without restrictions these recommendations could become a slippery slope of major disruptions to our community and neighborhood. We love living in Tiburon, and a big part is Blackies Pasture, McKegney Green and thewalking/biking paths. This area needs to remain clean from trash and excessive noise fromfood trucks, crowds and amplified sound. Thank you for considering our voice. Sincerely, Christina and Mark Hanson25 Turtle Rock Court Sent from my iPhone Tiburon Town Council October 6, 2021 AI-1: McKegney Green Use Policy Late Mail Requests for Copies: Lea Stefani, lstefani@townoftiburon.org Bob Austrian 45 Southridge West Tiburon, CA 94920 TO: MAYOR HOLLI THEIR & TIBURON TOWN COUNCIL MEMBERS DATE: September 22, 2021 RE: Proposed Changes to McKegney Green Field Use Policy As a 25-year resident of Tiburon, I wish to voice my strongest opposition to all proposed or contemplated uses of McKegney Green and our surrounding public spaces for use by commercial enterprises from outside of our immediate community. I also strongly oppose all related activities that would employ amplified sound, operate outside of daytime hours, serve individuals or businesses that are not local to Tiburon, and / or would disproportionately burden the McKegney “parkland” and related facilities given their capacities and designs. It is no surprise whatsoever that the beauty and functionality of our open and park spaces attract interests from both inside and outside of our community. It is unacceptable, however, to marginalize the purpose-built ambience and low-capacity functionality of these spaces by opening them up to uses and programs for which they were not designed, neither in function nor in spirit. These were not the intentions of community leaders and resident taxpayers who designed, built and maintain these spaces; these intentions must not be undermined by new use cases that run counter to our functional and purposeful designs. Like most Tiburon residents, we moved and live here in large part because of the quiet, bucolic, communal, and under-commercialized character. Large-scale, public, noisy, trash-generating, commercial, and heavily trafficked use cases such as proposed for McKegney are anathema to the culture and character of our resident citizens and, even, our businesses. Respectfully, Bob Austrian (415) 794-1199 From:Ron Hurwin To:Lea Stefani Subject:New Changes on McKegney Green Date:Tuesday, October 5, 2021 3:13:55 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Town of Tiburon, Please accept this letter as our objection to your proposed changes for the use of the McKegney Green. The noise level is already high enough and the public parking is already overcrowded without adding music, liquor and food trucks. We really want to believe that the Town is not serious about adding these changes. There are no redeeming factors that we can come up with for you to add additional disruptionfor the surrounding neighbors. Truly yours, Ron & Duffy Hurwin 558 Tenaya DriveTiburon, CA 94920 From:Perry, Margarita To:Lea Stefani Subject:FW: Opposition to the proposed McKegney green use policy changes Date:Tuesday, October 5, 2021 7:07:10 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council Members, My name is Margarita Perry, 549 Silverado Dr, Tiburon. I live right above McKegney green. I am writing to share my concern and oppose the proposed changes to the use policies of McKegney green. As a resident for over 25 years I know firsthand how the sound from McKegney green carries in our neighborhood – we live in what neighbors call an amphitheater. By having concession trucks, alcohol and opening the green up to various groups will only exacerbate the congestion and noise in the neighborhoods surrounding McKegney green. Adding concession trucks will draw business away from our local vendors who especially after Covid really need our support and patronage. In addition, those of us who live off of Stewart drive know how congested our streets currently are with cars on game days, adding more sports clubs year round will only make it worse. Thank you for taking our concerns into consideration, Margarita RBC Wealth Management does not accept buy, sell, or cancel orders by email, or any instructions by emailthat would require your signature. Please visit RBC Wealth Management Email Disclosures for material details aboutour products and accounts, as well as for other important information. Investment and insurance products offered through RBC Wealth Management are not insured bythe FDIC or any other federal government agency, are not deposits or other obligations of, orguaranteed by, a bank or any bank affiliate, and are subject to investment risks, includingpossible loss of the principal amount invested. Disclosure information regarding potential conflicts of interest on the part of RBC Capital Markets, LLC inconnection with companies that are the subject of any third-party research report included in this emailmessage may be found at Third-Party Research Disclosures. RBC Wealth Management, a division of RBC Capital Markets, LLC, Member NYSE/FINRA/SIPC. From:Victoria Fong To:Lea Stefani Subject:McKegney Green Date:Tuesday, October 5, 2021 8:39:48 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hon. Mayor Thier, Vice Mayor Welner, Council Members Fredericks, Ryan & Town Manager Chanis, As long time residents on Stewart Drive in the neighborhood nearest to McKegney Green, we are not in support of the proposed changes to the McKegney Green use policy. We do not need commercial rental use that could damage the $2 mil field meant for youth sports. We do not need to allow alcohol for other non-youth activities. What about the traffic and parking for these “rental or commercial events” that impact the nearby neighborhoods? We do not want amplified music near residential neighborhoods meant for quiet enjoyment in our homes. We do not need food trucks. The Town has been making continual efforts to revitalize downtown. Food trucks at the Old Rail Trail would not be consistent with the efforts. We urge you to maintain McKegney Green policy without adding alcohol, food trucks or amplified music/noise. Thank you. Respectfully, Barry & Victoria Fong 182 Stewart Drive Sent from my iPhone From:Maggie Callicrate To:Lea Stefani Subject:Objection to McKegney Green proposals Date:Tuesday, October 5, 2021 9:50:45 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I am a homeowner on Virginia Drive above Blackies Pasture. I want to voice my strong objection to proposed changes at McKegney Green. We already have overflow parking from Blackies Pasture on Stewart Drive, especially on weekends. The proposed changes will bring even more traffic up the hill. It is also very difficult to turn onto Tiburon Blvd from Stewart Drive and the pedestrian crossing is a nightmare. Adding concessions and music to McKegney Green will most certainly negatively impact our residential area — sounds travels up from McKegney Green and so do overflow cars! Please do not allow any changes without taking steps to seek input from nearby residents whom the proposed changes will very directly impact. You mail us direct written notice of proposed changes in a neighbor’s property but you are silent on something as big as this. How is that possibly the right thing to do? Thank you for your consideration. Maggie Callicrate 529 Virginia Drive Tiburon, CA Sent from my iPhone From:Kayla Nelson To:Lea Stefani Subject:No food trucks, music … Date:Wednesday, October 6, 2021 9:24:19 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. This idea does not sound appealing to me. Families and visitors are invited to bring coolers and refreshments; encouraging to take home all that you brought. (Generation familiar withburning man) Music would entice loud and not necessarily genres liked by all of us. Parking and trash in local neighborhoods is already being dealt with, this would only incur more maintenance clean up and potentially homelessness as some may not want to leave aftermusic events. Let Saulsalito be an example. Bike path, dog walks and field games enjoyed by many in this play area… why does it need to be altered. From:rebecca pringle To:Lea Stefani Cc:rebecca pringle Subject:Policies for use of McKegney Green Date:Wednesday, October 6, 2021 1:25:36 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. We find all of the proposed changes in use policies for McKegney Green to be inappropriate and undesirable for our town and for the specific neighborhood of Reed Heights-Tiburon Knolls and other areas bordering the field. 1. NO TO AMPLIFIED MUSIC: the noise of the soccer groups already floats up the hills the the houses and thestreet areas. Amplified music would be a destruction of the peace of the area. 2. NO TO ALCOHOL USE ON THE FIELD: this can only support wilder and noisier picnic parties and certainlywill not set any good example for any children doing soccer competition. Alcohol events on the field are not apositive or desirable addition. 3. NO TO ANY FOOD OR CONCESSIONAIRE TRUCKS: this would be messy, noisy, take up room in ourovercrowded parking lots, and would detract from our downtown Tiburon restaurants which are doing their best tohold on to business. -AS TO PARKING: please remember that all the extra car parking on any given day for any given event, pushes upinto the surrounding neighborhood streets of Del Mar, Pine Terrace, Reed Heights, Belveron East and West, andReedland Woods. Remember that the McKegney Green parking lot is FULL most all of most days. We do not breedextra activities or extra events to fill up the lots and diminish parking availability for our own townspeople. Many thanks for your attention to these simple details. Becky and Bob Pringle530 Comstock Drive (for 44 years)Tiburon, CA 94920 From:Jo Ellen Hylind To:Lea Stefani Subject:Mc Kenny Green Changes to Policy for Use Date:Wednesday, October 6, 2021 2:34:50 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Town of Tiburon, I am a homeowner living in Tiburon Knolls/Little Reed Heights. The change of use policy under discussion directly impacts living in my home. I am writing to voice my opposition tothe proposed changes allowing AMPLIFIED music on the green, permitting use of alcohol and permitting food trucks to operate in the already crowded parking lot. Please be considerate to homeowners that have lived in Tiburon for many years and do notapprove these changes. Food is really available downtown as is alcohol plus we would be supporting our fledgling businesses downtown. Sincerely, Jo Ellen Hylind533 Comstock Drive Tiburon, CA 94920415-640-6340 j.hylind@comcast.net From:Lalita Waterman To:David Eshoo; Lea Stefani Cc:Alice Fredericks USA.net; (Tiburon POST) Holli Thier; Jon Welner; Jack Ryan; Greg Chanis Subject:Please route to Mayor & Town Council ASAP: Town Council Meeting on 10/6/21 - McKegney Green Use Policy Date:Wednesday, October 6, 2021 4:34:27 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Madam Mayor and Members of the Town Council, As the current President of the Reedlands Property Owners Association(RPOA), this is a follow-up to the letter dated 7/29/21 from mypredecessor, Nancy Sumner Slavitz, which is included in your packet. The Board of the RPOA is grateful that the amplified sound request hasbeen withdrawn. We fervently hope that it is not resurrected again inthe future. However, our opposition to commercial concessionaires orvendors (aka food trucks) remains. We are particularly concerned aboutthe additional traffic on the section of Tiburon Boulevard that so impactsus, the additional noise, the further erosion of already-scarce parking onthe week-ends, the overflow of cars that then clog our neighborhoodstreets, and the continued erosion of income from our struggling smallbusiness establishments in The Cove Shopping Center/downtownTiburon. Over the past few years, there has been a high turnover and closing ofshops in The Cove Shopping Center. This, in turn, has heavily impactedproperty owners in The Reedlands, especially senior citizens who haveowned their homes and paid taxes for decades, and who now want to beable to enjoy their golden years "in place". If "user groups" are allowed to have commercial concessionaires (foodtrucks), what advance notice will be given to property owners in adjacentneighborhoods, like the Reedlands, so that their concerns are heard beforeit becomes a fait accompli? What will be the objective parameters(frequency, day, time, monitoring, etc.) so that Town staff are notperceived as making arbitrary and capricious decisions? b) We also remain opposed to a tacit invitation for rampant alcoholconsumption. Adults enjoying our beautiful recreational public spacesroutinely enjoy a beer or two, wines, and picnic baskets. Our long-standing policies have worked well....do we really need to invite problemsthat don't currently exist? SUGGESTIONS: 1) The McKegney Green Use Policy has been in effect since 2014---almost 8 years. The proposed changes that come before you today have been under consideration for several months. Town staff, propertyowners, and Council members have all devoted an enormous amount oftime and effort. To require another POST review in another 6 to 7 monthsseems superfluous and has the potential of things slipping through, yetonce again, without sufficient advance public notice. While we agree thatpolicies should be reviewed periodically, we think that an annual review byPOST is excessive. Perhaps, the next review should be scheduled 8 to 10years from now? 2) Add at least 2 property owners from The Reedlands (selected by theBoard of the RPOA) to the POST sub-committee so that folks in TheReedlands are assured that their concerns are understood and respected. 3) Please be aware that several senior citizens in The Reedlands feeldisenfranchised. Although fully vaccinated, they are not able to be seenwhile addressing the Town Council via Zoom. Some are not even able toattend via Zoom because, like a former RPOA president, their computersdo not have cameras and/or they lack the bandwidth! Please consideradopting the in-person format that has been adopted by the City of MillValley since last July or the hybrid format that is under way at our sister-city, Belvedere. Many thanks for your thoughtfulness, your consideration, and yourvolunteer community service! Respectfully, Lalita H. Waterman, PresidentREEDLANDS PROPERTY OWNERS ASSOCIATION P.S. Concerns about the woefully inadequate limits of liability insurance,the outdated $70 hourly rate for Users, and the lack of internal controls onself-reporting of User hours have been discussed with Town staff since7/29/21. We will do our best to continue to be of assistance on thesepoints.