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Home My WebLink AboutTC Agd Pkt 2021-10-20 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council October 20, 2021 Special Meeting – 4:00 P.M. Regular Meeting – 5:00 P.M. TIBURON TOWN COUNCIL AGENDA CORONAVIRUS (COVID-19) ADVISORY NOTICE Consistent with Government Code section 54953(e), 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/87864473498 Webinar ID: 878 6447 3498 Call-in Number: +1 669 900 6833 Access Code: 878 6447 3498 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 MEETING – 4:00 P.M. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Ryan, Vice Mayor Welner, Mayor Thier CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9: (One potential case) Claims filed by Yema Khalif and Hawi Awash on January 25, 2021, on file with the Town Clerk’s Office INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS • Jacqueline Etemad, Marin Commission on Aging (1 vacancy) • Jane Gould, Marin Commission on Aging (1 vacancy) • Zoya Kogan, Marin Commission on Aging (1 vacancy) ADJOURNMENT – to regular meeting REGULAR MEETING – 5:00 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 PRESENTATION P-1. Tiburon Peninsula Little League District 3 Champions – Present Mayor’s Proclamation to Tiburon Peninsula Little League players 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 the October 1, 2021 Town Council special meeting (Department of Administrative Services) CC-2. Town Council Minutes – Adopt minutes for the October 6, 2021 Town Council special meetings (Department of Administrative Services) CC-3. Resolution – Adopt resolution recognizing the Tiburon Peninsula Chamber of Commerce Business of the Year (Department of Administrative Services) ACTION ITEMS AI-1. Appointments to Town Boards & Commissions – Consider making an appointment to the Marin Commission on Aging. (Department of Administrative Services) AI-2. McKegney Green Use Policy – Consider revisions to the McKegney Green Use Policy as recommended by the Parks, Open Space and Trails Commission. (Department of Public Works) AI-3. Tiburon Bike Path “Azulejos” Mural Project – Consider approval of public art project as recommended by the Heritage and Arts Commission. (Department of Administrative Services) AI-4. Late Night Ferry Service Proposal/Funding Request – Consider request by AC Ventures for Town funding to support a pilot late night ferry program (Department of Administrative Services) AI-5. Diversity Element in General Plan – Consider request by the Diversity Inclusion Task Force that the Town Council direct staff to work with the General Plan Consultant to do a scope and budget for a separate diversity element as discussed and bring back to Town Council. AI-6. Town Employment Practices – Consider request by the Diversity Inclusion Task Force that the Town Council hire a professional DEI Consultant to look at diversity in Town hiring, recruitment, advancement, and consider a Town Diversity Equity and Inclusion Officer/Employee. 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. Town of Tiburon 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org 415.435.7377 TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon’s local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing this form and returning it to Town Hall with a resume. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk Applicant Name Full Name: Date: Areas of Interest Please indicate your areas of interest in numerical order: Planning Commission Parks, Open Space & Trails Comm. Design Review Board Bel-Tib Joint Recreation Board Heritage & Arts Commission Disaster Advisory Council Bel-Tib Library Board Commission on Aging Affordable Housing Building Code Appeals Board Jane Gould Oct. 1, 20 1 Applicant Information Address: Street Address Apartment/Unit # City State ZIP Code Phone:Email: Why did you select your area(s) of interest? What are your applicable qualifications and experiences? Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in their redacted form as part of Town Council meeting materials. 2040 Centro East tiburon ca 94920 617-955-0369 janegould@outlook.co Many residents in Tiburon express the desire to Age-in-Place. We have an older, aging population here and throughout Marin so we should help elders plan for that, and at the same time make it easy for them to get out, do things, and interact with people in their community. We should begin with a mindset that elders area vital force and part of the longevity economy, a Joe Coughlin, MIT Age Lab and AARP has noted. *Perhaps my best experience and knowledge comes from being very close to two aging neighbors who lived on Tower Point Road. They have sadly both passed on, but it was eye opening to be a part of their daily lives and their issues of aging here. *In 2014 I wrote a book called "Aging in Suburbia." The book is about decision making when we are no longer able to drive, and also about renovating/upgrading our housing stock for aging-in-place. This book should be in the Tiburon library. *I am a transportation planner, Phd, with a strong background in telecommunications. In addition to working on micromobility and senior transportation issues, I write and teach technology solutions. JANE GOULD, PhD EMPLOYMENT WAVA I train older people to use smartphones to stay mobile. I am currently making three training videos for older people, as part of a Mass DOT grant. I also write and publish online how people of all ages use and manage their technology. SABBATICAL PROJECT Wrote a proprietary app for phone-surveys and conducted field tests using mobile phones on transit. Tested this app with the Boston MBTA and published transit study called, “Cell Phone Enabled Surveys: The Medium Moves the Message” (2012-2014). See also: www.grayhomesgreencars.com UCLA TRANSPORTATION Research coordinator and marketing manager for three major transit pass programs and first share-car service. Designed and implemented new transportation programs including “BruinGo,” “Read & Ride,” and “Dump the Pump”. Responsible for all phases of data collection and research on mode choice/service growth (2000-2009) LONDON BUSINESS SCHOOL Future Media, Research Associate for Markle Foundation- Program on Internet and Business (1995-1997). Produced executive outreach programs on future of e-commerce and supply chain impact, esp. home delivery of goods. INSTITUTE OF TRANSPORTATION STUDIES- IRVINE Team project to evaluate electric vehicle (EV) peak-demand load for public utilities, publish diffusion of (EV) innovation studies, and compile commercial fleet requirements for Statewide California EV Business Forecast (1995-1997) Other Work Experience:  L.A. Coliseum Commission, Transportation Consultant  Haba Electric Vehicle (LA), Marketing Consultant  Academic Resources, UCLA, Managing Director  AT&T, Product Marketing & Treasury EDUCATION Graduate: University of Pennsylvania, Annenberg School, PhD Thesis: A Theory of Susceptibility To Media Effects Cornell University, MSPCA (communications) Undergraduate: University of Rhode Island, BA (journalism) EXPERTISE AND SKILLS  Transportation research based on applied social psychology for marketing campaigns/outreach  Proficient in social media and web communications (using wordpress)  Excellent interpersonal skills, competent in social media, good public speaker and trainer  Hands-on, operational experience managing transportation programs and client relations.  Working knowledge and interest in new technologies, esp. autonomous cars, electric vehicles, and smartphones  Experienced in all phases and types of survey research, SPSS/SAS data analysis, SQL. Familiar with net promoter research and text analysis. PUBLICATIONS  (papers) list of refereed articles and conference presentations on telecomm, electric vehicles, & transport on request  (book) ‘Aging in Suburbia: The Must Have Conversation about Homes and Driving’ (2014).  (column) www.dearsmartphone.com VOLUNTEER ACTIVITIES  Marin County Parks, Volunteer (broom cleanup)  Marin County Electric Vehicle Squad  Travel Advisor, Brookline Council on Aging, TRIPPS  Shared Media Advisory Committee, Brookline, MA CONTACT https://www.linkedin.com/in/jane-gould-a93573b3 info@janegould.com cell: 617-955-0369 Page 1 of 1 Tiburon Town Council Minutes #17-2021 DRAFT October 1, 2021 TOWN COUNCIL SPECIAL 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 – 11:00 A.M. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Ryan, Vice Mayor Welner, Mayor Thier CLOSED SESSION 1.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATIONSignificant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section54956.9: (1 potential case) ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Thier adjourned the meeting at 12:00 p.m. HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK DR A F T CC-1 Page 1 of 3 Tiburon Town Council Minutes #18-2021 DRAFT October 6, 2021 TOWN COUNCIL SPECIAL MEETINGS 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 TOWN COUNCIL/PLANNING COMMISSION JOINT MEETING – 5:00 P.M. Mayor Thier called the special joint meeting of the Tiburon Town Council and Planning Commission to order at 5:00 p.m. on Wednesday, October 6, 2021. CALL TO ORDER AND ROLL CALL Town Council: Councilmember Fredericks, Councilmember Ryan, Vice Mayor Welner, Mayor Thier Planning Commission: Commissioner Amir, Commissioner Defever, Commissioner Woodward, Vice Chair Williams, Chair Tsai ORAL COMMUNICATIONS Heather Selick spoke about internet availability and equity. PRESENTATION P-1. Introduction and Welcome to Kimberly McGrath, Reed Union School DistrictSuperintendent DISCUSSION ITEMS D-1. Possible discussion items include current topics before the Planning Commission and the Town Council, including Accessory Dwelling Units (ADUs), the ongoing update to the 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. No action taken. ADJOURNMENT – to special meeting SPECIAL MEETING – 5:30 P.M. CC-2 DR A F T Page 2 of 3 Tiburon Town Council Minutes #18-2021 DRAFT October 6, 2021 Mayor Thier called the special meeting of the Tiburon Town Council to order at 6:45 p.m. on Wednesday, October 6, 2021. CALL TO ORDER AND ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Ryan, Thier, Welner ABSENT: COUNCILMEMBERS: One Vacant Seat PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Community Development Tasini, Director of Administrative Services Creekmore, Associate Engineer Eshoo, Senior Planner Fong, Town Clerk Stefani ORAL COMMUNICATIONS There were none. CONSENT CALENDAR 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) MOTION: To adopt Consent Calendar Items No. 1-4, as written. Moved: Fredericks, seconded by Ryan VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat 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) Public comment was received by: Leonor Noguez spoke in opposition to the proposed alcohol provisions. Bob Austrian spoke in opposition to significant changes the policy and urged more community engagement on the topic. DR A F T Page 3 of 3 Tiburon Town Council Minutes #18-2021 DRAFT October 6, 2021 John Greenspan spoke in opposition to the proposed alcohol provisions. Christopher Hartung suggested more consideration of the impact on the community and neighbors in considering the policy and more specificity on the regulations. He noted the importance of preserving community accessibility of the field. Lalita Waterman expressed gratitude the amplified sound provision had been removed but was still opposed to commercial vendors. She also questioned the parameters staff will use to make decisions, as the policy proposes, and what notice will be given to nearby neighbors. Isaac Nikfar spoke in support of the proposed policy. Becky Pringle spoke about the issues of overflow parking, food trucks bringing extra people and trash, and noted most of her neighbors were in opposition to the policy. Laura spoke in opposition to the alcohol provisions and noted there were currently few trash cans near McKegney Green. She suggested more time and thought be given to the policy. The Council directed the Town Attorney to return to the Council at either the October 20 or November 3 Town Council meeting with a revised policy, specifically noting the Council’s direction to remove the provisions permitting alcohol and concessions and confirming no dogs will be permitted on the field. TOWN COUNCIL REPORTS There were none. TOWN MANAGER REPORT There was none. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Thier adjourned the meeting at 8:21 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 Adopt Resolution Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider adoption of a resolution honoring the Tiburon Peninsula Chamber of Commerce Business of the Year, Woodlands Market. RECOMMENDED ACTION(S) 1. Adopt the resolution (Exhibit 1). BACKGROUND The Tiburon Peninsula Chamber of Commerce has named Woodlands Market as the 2021 Tiburon Peninsula Chamber of Commerce Business of the Year due to their commitment to volunteerism and community service on the Tiburon Peninsula. Woodlands Market will be recognized by the Chamber and presented with the Council’s resolution in November. ANALYSIS No further analysis 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 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting October 20, 2021 Agenda Item: CC-3 Town Council Meeting October 20, 2021 TOWN OF TIBURON PAGE 2 OF 2 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 adopt the resolution, attached as Exhibit 1. Exhibit(s): 1. Draft Resolution Prepared By: Lea Stefani, Town Clerk EXHIBIT 1 Page 1 of 1 Town Council Resolution No. xx-2021 DRAFT xx/xx/2021 RESOLUTION NO. XX-2021 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON COMMENDING WOODLANDS MARKET UPON ITS SELECTION AS THE 2021 TIBURON PENINSULA CHAMBER OF COMMERCE BUSINESS OF THE YEAR WHEREAS, Woodlands Market has operated successfully and continuously as a local, family-owned, independent grocery store since 1986 with Don Santa at the helm; and WHEREAS, Woodlands has been an industry innovator by focusing on natural and sustainable products, supporting local suppliers, and maintaining a steadfast commitment to its surrounding communities, and as a result, Woodlands has contributed over $2.5 million in cash and in-kind donations to help engage, support, and improve the communities where its customers and employees work and live; and WHEREAS, Woodlands opened a second location in Tiburon 10 years ago, and since then, has become a major contributor to a wide range of local entities in monetary donations and physical presence; and WHEREAS, Woodlands has prioritized giving back to Tiburon community in many ways, including sponsorships for the Foundation for Reed Schools, Friday Nights on Main, the Tiburon Golf Tournament, Little League teams, youth sailing, the Tiburon Mile, and tennis tournaments; and WHEREAS, Woodlands has also donated to the Landmarks Society and is a member of the Rotary Club; has provided snacks at the Tiburon Half Marathon, and participated in the Annual Wine Festival and Tiburon Classic Car Show; and WHEREAS, Woodlands has even demonstrated its commitment to integration in the community by cleaning the garden boxes and replanting new vegetables for the upcoming season at Reed Elementary School; and WHEREAS, in 2020 alone, Woodlands Tiburon made 139 donations representing 4,138 pounds of food, in partnership with Extra Foods, helping end hunger in Marin amid the COVID-19 pandemic crisis; and WHEREAS, founder Don Santa refers to the COVID-19 pandemic as uncharted territory, but Woodlands’ efforts to step up for the community represent the incredible bond that has been built between the store and the Tiburon community. NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon hereby commends Woodlands Market on its well-deserved selection as the Chamber’s 2021 Business of the Year and expresses its sincere appreciation to Woodlands Market for its contributions to the quality of life in the town of Tiburon. PASSED AND ADOPTED on this 20th day of October, 2021, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: _________________________________ HOLLI THIER, MAYOR ATTEST: ___________________________________ LEA STEFANI, TOWN CLERK TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Appointment to the Marin Commission on Aging Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider making one appointment to the Marin Commission on Aging. RECOMMENDED ACTION(S) 1. Consider making one appointment to the Marin Commission on Aging; or 2. Continue the item and direct staff to continue to accept applications for the open seat. BACKGROUND The Marin Commission on Aging has had one vacancy since August 23, 2021, when Julie Friedman submitted her resignation from the Commission. The vacancy was advertised according to regular appointments procedure. The application period closed on October 1, 2021. Staff received three applications for the position, and the Council has interviewed all three applicants: Jacqueline Etemad, Jane Gould, and Zoya Kogan. Their applications are attached as Exhibits 1-3. ANALYSIS No further analysis 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 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting October 20, 2021 Agenda Item: AI-1 Town Council Meeting October 20, 2021 TOWN OF TIBURON PAGE 2 OF 2 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. Consider making one appointment to the Marin Commission on Aging; or 2. Continue the item and direct staff to continue to accept applications for the open seat. Exhibit(s): 1. Jacqueline Etemad Application 2. Jane Gould Application 3. Zoya Kogan Application Prepared By: Lea Stefani, Town Clerk EXHIBIT 1 EXHIBIT 2 Town of Tiburon 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org 415.435.7377 TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon’s local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing this form and returning it to Town Hall with a resume. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk Applicant Name Full Name: Date: Areas of Interest Please indicate your areas of interest in numerical order: Planning Commission Parks, Open Space & Trails Comm. Design Review Board Bel-Tib Joint Recreation Board Heritage & Arts Commission Disaster Advisory Council Bel-Tib Library Board Commission on Aging Affordable Housing Building Code Appeals Board Jane Gould Oct. 1, 20 1 Applicant Information Address: Street Address Apartment/Unit # City State ZIP Code Phone:Email: Why did you select your area(s) of interest? What are your applicable qualifications and experiences? Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in their redacted form as part of Town Council meeting materials. 2040 Centro East tiburon ca 94920 617-955-0369 janegould@outlook.co Many residents in Tiburon express the desire to Age-in-Place. We have an older, aging population here and throughout Marin so we should help elders plan for that, and at the same time make it easy for them to get out, do things, and interact with people in their community. We should begin with a mindset that elders area vital force and part of the longevity economy, a Joe Coughlin, MIT Age Lab and AARP has noted. *Perhaps my best experience and knowledge comes from being very close to two aging neighbors who lived on Tower Point Road. They have sadly both passed on, but it was eye opening to be a part of their daily lives and their issues of aging here. *In 2014 I wrote a book called "Aging in Suburbia." The book is about decision making when we are no longer able to drive, and also about renovating/upgrading our housing stock for aging-in-place. This book should be in the Tiburon library. *I am a transportation planner, Phd, with a strong background in telecommunications. In addition to working on micromobility and senior transportation issues, I write and teach technology solutions. JANE GOULD, PhD EMPLOYMENT WAVA I train older people to use smartphones to stay mobile. I am currently making three training videos for older people, as part of a Mass DOT grant. I also write and publish online how people of all ages use and manage their technology. SABBATICAL PROJECT Wrote a proprietary app for phone-surveys and conducted field tests using mobile phones on transit. Tested this app with the Boston MBTA and published transit study called, “Cell Phone Enabled Surveys: The Medium Moves the Message” (2012-2014). See also: www.grayhomesgreencars.com UCLA TRANSPORTATION Research coordinator and marketing manager for three major transit pass programs and first share-car service. Designed and implemented new transportation programs including “BruinGo,” “Read & Ride,” and “Dump the Pump”. Responsible for all phases of data collection and research on mode choice/service growth (2000-2009) LONDON BUSINESS SCHOOL Future Media, Research Associate for Markle Foundation- Program on Internet and Business (1995-1997). Produced executive outreach programs on future of e-commerce and supply chain impact, esp. home delivery of goods. INSTITUTE OF TRANSPORTATION STUDIES- IRVINE Team project to evaluate electric vehicle (EV) peak-demand load for public utilities, publish diffusion of (EV) innovation studies, and compile commercial fleet requirements for Statewide California EV Business Forecast (1995-1997) Other Work Experience:  L.A. Coliseum Commission, Transportation Consultant  Haba Electric Vehicle (LA), Marketing Consultant  Academic Resources, UCLA, Managing Director  AT&T, Product Marketing & Treasury EDUCATION Graduate: University of Pennsylvania, Annenberg School, PhD Thesis: A Theory of Susceptibility To Media Effects Cornell University, MSPCA (communications) Undergraduate: University of Rhode Island, BA (journalism) EXPERTISE AND SKILLS  Transportation research based on applied social psychology for marketing campaigns/outreach  Proficient in social media and web communications (using wordpress)  Excellent interpersonal skills, competent in social media, good public speaker and trainer  Hands-on, operational experience managing transportation programs and client relations.  Working knowledge and interest in new technologies, esp. autonomous cars, electric vehicles, and smartphones  Experienced in all phases and types of survey research, SPSS/SAS data analysis, SQL. Familiar with net promoter research and text analysis. PUBLICATIONS  (papers) list of refereed articles and conference presentations on telecomm, electric vehicles, & transport on request  (book) ‘Aging in Suburbia: The Must Have Conversation about Homes and Driving’ (2014).  (column) www.dearsmartphone.com VOLUNTEER ACTIVITIES  Marin County Parks, Volunteer (broom cleanup)  Marin County Electric Vehicle Squad  Travel Advisor, Brookline Council on Aging, TRIPPS  Shared Media Advisory Committee, Brookline, MA CONTACT https://www.linkedin.com/in/jane-gould-a93573b3 info@janegould.com cell: 617-955-0369 EXHIBIT 3 TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Consider Approval of Revised McKegney Green Field Use Policy Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will be considering proposed changes to the McKegney 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. If Council wishes to approve the revised McKegney Green Field Use Policy (Exhibit 3), adopt the attached Resolution (Exhibit 4), 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 On October 6, 2021, the Council received a presentation and heard public comment regarding proposed changes to the McKegney Green Field Use Policy (Policy). A PDF copy of all the agenda material for this item from the October 6 meeting is attached as Exhibit 1. This includes the staff report, exhibits and all public comments. After deliberating, the Council directed staff to clean up the policy and return back to Council on October 20, 2021. Specifically, the Council directed staff to ensure the policy included the following provisions: • No alcohol or tobacco products are allowed on McKegney Green • 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 • No Dogs on McKegney Green TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting October 20, 2021 Agenda Item AI-2 Town Council Meeting October 20, 2021 TOWN OF TIBURON PAGE 2 OF 2 ANALYSIS Subsequent to the October 6 meeting, staff worked with the Town Attorney to incorporate the Council directed changes. Attached as Exhibit 2 is a revised ‘redlined’ version of the policy. This version includes many of the proposed changes from the October 6 meeting as well as changes resulting from the Council’s direction at that meeting. 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 3 is the final ‘clean’ version of the policy if Town Council chooses to approve all the proposed changes. The policy will be enforceable once the municipal code is amended to reflect the changes and brought to Town Council for the two readings. CLIMATE IMPACT Staff anticipates no direct fiscal impact to the Town. FISCAL IMPACT Staff anticipates no direct fiscal impact to the Town. The Town is currently charging $70/hour 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. If Council wishes to approve the revised McKegney Green Field Use Policy, adopt the attached Resolution (Exhibit 4), 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 – Agenda material from October 6, 2021 Council meeting 2. Exhibit 2 - Redline version of proposed McKegney Use Policy 3. Exhibit 3 – Final (Clean) Version of the proposed Policy 4. Exhibit 4 – Draft Resolution No. xx-2021 Prepared By: David Eshoo, Associate Engineer EXHIBIT 1 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. EXHIBIT 2 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 purposes field sports and is also highly desired by local residents for casual 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 McKegney Green. The policy ensures that permitted users are informed of the Town’s rules and regulations that govern use of the McKegney Green and that such exclusive use must be balanced with the demand for general public recreational use of the McKegney 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 peninsulaPeninsula. B. Establish rules, regulations, policies and procedures governing the use of McKegney Green. C. Ensure Tiburon peninsula 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 Mckegney 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 Field Use 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 McKegney 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 areaMcKegney Green or drive on the grass or paved walkways. (e)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 or golf 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, and must pertain to the event being held. provided: Banners must pertain to the event being held. No inappropriate messages may be displayed on the banners. 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 (9) No amplified sound is allowed. (10) No Dogs on McKegney Green. (11) No bicycles or motorized vehicles including ebikes are allowed on McKegney Green. Field Use Permit Required Field Use Permits are is required for reservation (exclusive use) of McKegney Green. Field Use Permits are is subject to fee and security deposit requirements, and are is typically associated with organized youth sports activities such as soccer and lacrosse, Tiburon peninsula Peninsula school use, and Town-sponsored or co-sponsored events. Permitted use of the McKegney Green more than three (3) times per year by any user group qualifies that group as a “recurring Recurring userUser”. The McKegney Green is generally closed from approximately November 30th to March 15th for turf recovery purposes or as determined by the Town. 1. RECURRING USE FIELD REQUEST PERMITTING McKegney Green requests for from recurring Recurring Users 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 http://www.townoftiburon.org/DocumentCenter/View/156/McKegney‐Green‐Field‐Use‐Permit‐Application‐Form‐ PDF?bidId= www.townoftiburon.org. Requests for from recurring Recurring Users 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 Field use Use Permit reservation request for a non-recurring use (less than fourthree 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 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: Tiburon 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: Adult use for soccer games with 50% to 75% of 94920 zip code participant residency on the field have fifth 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”. 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 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 Field Use permit 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 period 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 season of play shall be set from February through May. 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 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. 4. FEES The standard field rental fees are as follows: $35 70 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 Recurring use Usersyouth sports organizations, the Town may determine to collect the fee prior to each sports season, quarterly, or through other schedule by mutual agreementdetermined by the Town. 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 McKegney 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 McKegney 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, 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 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 usersPermit holders must instruct participants and spectators to park in Blackie’s Pasture public parking areas and avoid neighborhood parking. Field usersPermit holders should post directional signs, if needed, to guide participants and spectators to appropriate parking areas. If traffic/parking is an issue, the user grouppermit holders must provide volunteers to direct participants and spectators to designated parking areas. Permit holders 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 fieldMcKegney Green without written approval from the Town. J. Users Permit holders 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 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 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 twenty-four (24) hours after measurable rain, or when wet or muddy. Actual duration of closure is subject to discretion of the Town. 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 McKegney Green to determine if use will occur. D. Recurring permit-holding users Users will be required to designate a Field field Conditions conditions Representative representative to apply these rules during non-business hours and on weekends. The designated representative shall have the authority and responsibility to close the McKegney Green or any portion thereof in accordance with the Wet Field rules. E. 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 McKegney Green. Any turf coverings used must be made of a breathable material. 8. SECURITY DEPOSITS 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 refundable deposit of $100 is required for all non-recurring field use reservations. Recurring users 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 holderRecurring User, 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 commercial general liability (CGL) insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in the amount of $12,000,000 per claimeach occurrence and $2,255,000,000 aggregate, placed with insurers admitted in the State of California and with an AM Best rating of A-VII or higher. B. An Endorsements endorsement attached to the CGL that policy naming the Town and its officials, employees, and agents as an additional insured, issued on form CG2010 or its equivalent with additional insured coverage on a with primary and non-contributory coveragebasis. C. In addition, An agreement from the insurance carrier to provide the policy shall contain a guarantee of at least thirty (30) days prior notice of a change to or cancellation, except ten (10) days’ notice shall apply in the event of cancellation for nonpayment of premium. 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 McKegney Green the field until the Town Attorney has approved their evidence of insurance and additional insured 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 endorsement.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. E.F. A statement acknowledging the Town is not responsible for any accident, injury, liability, loss or damage to persons or property as a result of unauthorized use of McKegney Green. 10. REFUNDS (a) Non-recurring Recurring usersUsers: 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 usersUsers: Recurring users 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 Recurring user User that result in the inability to use the field during otherwise reserved times for that recurring Recurring userUser. 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 McKegney Green and/or limit portions of the McKegney Green available for use at any time in its reasonable discretion. The Town of Tiburon reserves the right to suspend or cancel any reservations (Field Use permitsPermits) 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  Unscheduled Maintenance maintenance issues  Over-use of the field  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 TURM MAINTENANCE The Town may close McKegney Green and/or limit portions of McKegney 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. 1213. 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 Field use Use permitPermit, and may suspend any permit if the permit holder has done any of the following: 1A. Violated any provision or requirement of approval imposed on the permit. 2B. Violated any provisions of the law. 3C. 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 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 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 POST Commission shall review the Policy on a yearly basis at their May meeting. 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 and is also highly desired by local residents for casual recreational enjoyment. The Town is committed to equitable, inclusive, and orderly distribution of field use. This policy is established to ensure that 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 McKegney Green. The policy ensures that permitted users are informed of the Town’s rules and regulations that govern use of McKegney Green and that such exclusive use must be balanced with the demand for general public recreational use of McKegney 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 Mckegney 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 Field Use 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 McKegney 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 McKegney Green 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 or golf is allowed. (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, and must pertain to the event being held. (9) No amplified sound is allowed. (10) No Dogs on McKegney Green. (11) 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 Permit is required for reservation (exclusive use) of McKegney Green. Field Use Permit is subject to fee and security deposit requirements, and is 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 McKegney Green more than three (3) times per year by any user group qualifies that group as a “Recurring User”. McKegney Green is generally closed from approximately November 30th to March 15th for turf recovery purposes or as determined by the Town. 1. RECURRING USE FIELD REQUEST PERMITTING McKegney Green requests from Recurring Users 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: http://www.townoftiburon.org/DocumentCenter/View/156/McKegney-Green-Field-Use-Permit-Application-Form- PDF?bidId= Requests from Recurring Users 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 Permit 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. 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: Tiburon 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: Adult use for soccer games with 50% to 75% of 94920 zip code participant residency on the field have fifth 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”. 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 Field Use 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 period 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 season 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. 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 4. FEES The standard field rental fees are $70 per hour. 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 Users, the Town may determine to collect the fee prior to each sports season, quarterly, or through other schedule determined by the Town. 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 McKegney 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. 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 McKegney 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. 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 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. Permit holders must instruct participants and spectators to park in Blackie’s Pasture public parking areas and avoid neighborhood parking. Permit holders should post directional signs, if needed, to guide participants and spectators to appropriate parking areas. If traffic/parking is an issue, the permit holders must provide volunteers to direct participants and spectators to designated parking areas. Permit holders 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 McKegney Green without written approval from the Town. J. Permit holders 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. A. McKegney Green field is deemed closed to use at any time during rainfall and for twenty-four (24) hours after measurable rain, or when wet or muddy. Actual duration of closure is subject to discretion of the Town. 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. 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 C. During Town work hours, the Town’s Public Works Department maintenance staff will assess the playability of McKegney Green to determine if use will occur. D. Recurring 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 responsibility to close McKegney 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 McKegney Green. Any turf coverings used must be made of a breathable material. 8. SECURITY DEPOSIT 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: • Damage to the field • Misuse of the field • Inadequate clean-up by Recurring User, 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 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 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 commercial general liability (CGL) insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in the amount of $2,000,000 each occurrence and $5,000,000 aggregate, placed with insurers admitted in the State of California and with an AM Best rating of A-VII or higher. B. An endorsement attached to the CGL that policy naming the Town and its officials, employees, and agents as an additional insured, issued on form CG2010 or its equivalent with additional insured coverage on a primary and non-contributory basis. C. An agreement from the insurance carrier to provide at least thirty (30) days prior notice of cancellation, except ten (10) days’ notice shall apply in the event of cancellation for nonpayment of premium. 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 McKegney Green until the Town Attorney has approved their evidence of insurance and additional insured endorsement.. F. A statement acknowledging the Town is not responsible for any accident, injury, liability, loss or damage to persons or property as a result of unauthorized 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 entitled to rescheduling privileges or refunds for cancelled events, rain-outs, 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 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 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 McKegney Green and/or limit portions of McKegney Green available for use at any time in its reasonable discretion. The Town reserves the right to suspend or cancel any reservations (Field Use 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  Unscheduled maintenance issues  Over-use of the field  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 TURM MAINTENANCE The Town may close McKegney Green and/or limit portions of McKegney 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 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, 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 or general welfare or unreasonably interfered with the use and enjoyment of other property in the vicinity of the activity. 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. 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 Field Improvements The Town 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 4 Page 1 of 2 Town Council Resolution No. XX-2021 DRAFT 10/20/2021 RESOLUTION NO. XX-2021 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON RESCINDING RESOLUTION NO. 22 2014 AND ADOPTING THE MCKEGNEY GREEN FIELD USE POLICY WHEREAS, the Town Council recognizes the need to update the adopted policy addressing the use and management of McKegney Green, the only large Town-controlled grass playing field on the Tiburon peninsula; and WHEREAS, on June 18, 2014, the Town Council adopted Resolution No. 22-014 establishing the McKegney Green Field Use Policy; and WHEREAS, the Parks, Open Space & Trails Commission deliberated on potential updates to the existing policy at public meetings held on May 5, 2021, July 6, 2021, and September 21, 2021 and has recommended adoption of the Policy to the Town Council; and WHEREAS, the Town Council held a public meeting on this matter on October 6, 2021, at which it heard and considered any public testimony and correspondence; and WHEREAS, the Town Council provided feedback to staff and directed staff to place the item on the October 20, 2021 for consideration; 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 rescind Resolution 22-014 and adopt the McKegney Green Field Use Policy dated October 20, 2021. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on October 20, 2021, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Page 2 of 2 Town Council Resolution No. XX-2021 DRAFT 10/20/2021 _______________________________ HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST: ___________________________________ LEA STEFANI, TOWN CLERK Tiburon Town Council October 20, 2021 AI-2: McKegney Green Use Policy Late Mail From:Lee Darby To:Lea Stefani Subject:McKegney Green Date:Monday, October 18, 2021 1:04:17 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. Thanks to the Town Council for listening to concerns by Reed Heights and Reedlands neighbors re. the recent POST proposals which would have allowed commercial concessions,amplified sounds and the possibility of alcohol use at McKegney Green. After reviewing the Field Use Policy I am gratified to see that permit holders are REQUIRED to clean up afterthemselves and are REQUIRED to instruct participants and spectators to park at Blackie's Pasture and avoid parking in our neighborhoods. I hope these will becomplied with. I also hope that the fenced off chunk of Blackie's parking currently being used as a storage area will be opened up soon, the parking is needed!. I also agree that youthsshould have priority over any adult use, to ensure the field doesn't get overused. Finally, I agree with Lalita Waterman that review by :POST of the use policy every May is too often. Sincerely, Lee Darby, 543 Comstock Drive, Tiburon From:Ron Hurwin To:Lea Stefani Subject:Changes on the McKegney Green Field Date:Tuesday, October 19, 2021 12:40:12 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 whom it may concern, Thank you for taking time to edit the new McKegney Field policies, and thank you forholding onto the purity and the original purpose of the field. We appreciate your attention to the community concerns and for keeping the field useoriented towards children’s sports and peninsula residents enjoyment. Ron & Duffy Hurwin 558 Tenaya DriveTiburon, CA 94920 From:rebecca pringle To:Lea Stefani Cc:rebecca pringle Subject:McKegney Field policy update Date:Tuesday, October 19, 2021 1:47:48 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. Dear Town Council members, I read the revised McKegney Field policy draft that you posted, and I approve of your thoughtful changes. Thankyou for taking time to make a careful study of the requirements and the appropriate needs and usage of our big greenfield. I am pleased that you have been able to draft a concise document with language the protects the field and the purityof intention with the original goals and investment. With all thanks, Becky Pringle530 Comstock Drive From:Christopher Hartung To:Lea Stefani Subject:Thank you for hearing, and acting on, community concerns regarding McKegney policies Date:Tuesday, October 19, 2021 10:42:03 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. Madam Mayor and Tiburon Town Council, Thank you for hearing our community's concerns regarding the McKegney Green Use Policy at the last meeting. It is gratifying to know that we have the opportunity to voice our opinions, but more importantly, that we have local leaders that are open and listen. Thank you! The suggested changes and refinements to the use policy are certainly welcome and, in my opinion, take into consideration the community. This is especially true with the limited availability of areas for youth sports access in our town. It is so essential to have dedicated (ok.. maybe semi-dedicated) town space for youth sports. Best, Chris Hartung Christopher Hartung 415-299-2096 cell From:Jo Ellen Hylind To:Lea Stefani Subject:McKegney Green Use Policy Date:Wednesday, October 20, 2021 9:02:13 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 Town Council Members and Town Administrator, Thank you for listening to the community concerns and for keeping McKegney Green field use focused on children’s sports and peninsula residents relaxation time. I appreciate your consideration for the many homeowners in the area. Sincerely, Jo Ellen Hylind 533 Comstock Drive Tiburon, CA 94920 From:Greg Chanis To:Lalita Waterman Cc:Lea Stefani Subject:RE: McKegney Green - proposed changes. Town Council hearing 5 p.m. 10/20/21 Date:Wednesday, October 20, 2021 2:40:57 PM Lalita, Will forward your email to Council as late mail Greg Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 / (415) 435-7383 From: Lalita Waterman <lalita.waterman@gmail.com> Sent: Wednesday, October 20, 2021 12:50 PM To: Greg Chanis <gchanis@townoftiburon.org> Cc: bstock@bwslaw.com Subject: McKegney Green - proposed changes. Town Council hearing 5 p.m. 10/20/21 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, ONE ITEM OF CONCERN - Revised Red-Line Version to Council The revised red-lined version raises a concern. The last line of the last pagestates: "POST Commission shall review the Policy on a yearly basis at theirMay meeting." i.e., in May, 2022. The RPOA board is concerned that the 3items that were turned down this year (amplified sound, food trucks andalcohol) could be re-inserted into a revision of the Policy by POST a few monthsfrom now, in May 2022. While we understand the need for periodic review, surrounding property ownerswould not want these 3 highly-impactful items to get resurrected quietly. Howabout we specify that review of these 3 particular items be conducted no morethan once every 5 years? Other aspects could probably be reviewed on anannual basis by POST, and necessary changes made following approval of theTown Council, without impacting surrounding property-owners too much... Kind regards, Lalita H. Waterman, President THE REEDLANDS PROPERTY OWNERS ASSOCIATION, INC. (415) 381-4467 TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Approval of Proposed Old Rail Trail ‘Azulejos’ Tile Mural Project Celebrating Historic Portuguese Dairy Farms on the Tiburon Peninsula Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Council will be considering a proposal from the Heritage and Arts Commission to install an ‘Azulejos’ tile mural on an existing concrete retaining wall located adjacent to the Old Rail Trail near the South Knoll Playground. The purpose of the mural would be to honor and celebrate the important role Portuguese dairy farms played in the history of the Tiburon Peninsula. RECOMMENDED ACTION(S) Staff recommends that the Town Council hear the presentation on the proposed project and; 1. Approve the project as proposed and direct staff to work with the project sponsor and the Heritage and Arts Commission in completing the design and installation of the work, or, 2. If Council is not prepared to approve the project at this time, direct staff as to what additional information is required for Council to reach a decision, or, 3. Deny the proposal. BACKGROUND Over the past 3 years, the Heritage and Arts Commission has spent a considerable amount of time focusing on developing a public art program, including development of a Public Art Policy that was approved by Council on August 7, 2019. A copy of the approved policy is attached as Exhibit 1. At the July 27, 2021 and August 24, 2021 meetings of the Heritage and Arts Commission (H&A), H&A Commissioners reviewed proposals for installing a mural on an existing concrete retaining wall located on the Old Rail Trail near the South Knoll Playground. After reviewing the 2 proposals submitted, the Commission voted unanimously in recommending the Vasco Morais ‘Azulejos’ Tile Mural proposal, which was sponsored/proposed by Tiburon resident Vasco Morais. H&A Commissioners asked that staff move the proposed project through the appropriate review process. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting October 20, 2021 Agenda Item: AI-3 Town Council Meeting October 20, 2021 TOWN OF TIBURON PAGE 2 OF 2 As the proposed location of the installation is located adjacent to the ORT, staff determined it would be appropriate for the project to be reviewed by the Parks, Open Space and Trails Commission (POST) prior to being considered by Town Council. At the September 21, 2021 meeting of POST, Commissioners reviewed the project and voted 2-1 in recommending that Town Council approve the project. Mr. Morais has provided a presentation describing the project, which is attached as Exhibit 2, and will also provide Council a brief overview of the project at tonight’s meeting. ANALYSIS No further analysis is provided. FINANCIAL IMPACT The project sponsor anticipates raising the necessary funds to complete the project through private donations. Given the materials proposed for completing the work, staff feels ongoing maintenance costs will be negligible. Therefore, staff anticipates no financial impact to the town if the project is approved and moves forward. 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 hear the presentation on the proposed project and; 1. Approve the project as proposed and direct staff to work with the project sponsor and the Heritage and Arts Commission in completing the design and installation of the work, or, 2. If Council is not prepared to approve the project at this time, direct staff as to what additional information is required for Council to reach a decision, or, 3. Deny the proposal. Exhibit(s): 1. Public Art Policy 2. Project Presentation Prepared By: Greg Chanis, Town Manager EXHIBIT 1 HERITAGE AND ARTS COMMISSION PUBLIC ART PROGRAM POLICY STATEMENT VISION STATEMENT The Public Art Program is committed to enhance the physical beauty of the Town of Tiburon and add to the public experience of art which will enrich the spirit and pride of our community. GOALS The Public Art Program is committed to expand opportunities for our citizens to experience public art creating a more pleasing environment and improving our quality of life. The Program will: • Promote awareness of public art and provide opportunities for individuals to identify with and feel ownership of commissioned artworks. • Utilize public art as a vehicle to educate children and provide avenues for their unique artistic expressions to enrich the community. • Involve artists in the planning and design of public art projects. • Commission artists to create artworks that are responsive to the sites selected without blocking view corridors or impeding the use of public open space. The art work should create possibilities for collaboration between artists, design professionals including architects, landscape architects, planners, engineers and city officials. DEFINITIONS Accessioning: The process of selecting an artwork into a Public Art Collection whether by commissioning, purchase, or donation. • Role of the Heritage and Arts Commission: The Commission formed by Resolution 31-2014 of the Tiburon Town Council has among its duties “To recommend the appropriate selection, placement, modification and/or maintenance of art...in the Town of Tiburon”. • The Commission may appoint a committee to help with the selections. The Heritage and Arts Commission recommends an artist to be approved by the Town Council as the Artist Laureate of Tiburon. Part of the Artist Laureate’s duty will be to work with the Commission to select sites along with the Parks and Open Space Commission, the Public Works Department, and other relevant local organizations. Deaccessioning: The process of permanently removing an artwork from the Public Art Collection by sale, destruction and/or removal from public display. ELIGIBLE ARTWORKS In general, all forms of artistic expression created by professional artists are eligible for inclusion in the Public Art Program. Free-standing works as well as works that have been integrated into the underlying architecture or landscape are included for consideration. The artwork may consist of both permanent and temporary installations. Design elements which are mass produced such as playground equipment, benches, decorative or ornamental pieces will be considered only if they are integral to the artists overall design. Services or utilities necessary to operate or maintain an artwork shall not be deemed part of the artwork itself. ARTIST SELECTION PANELS The Heritage and Arts Commission may form an ad hoc panel to recommend artists for individual public art projects or groups of projects. The panel can review the credentials, prior work, qualifications, and proposals submitted by artists for a particular public art project. The panel should be sensitive to the public nature of the project and maintain confidentiality of all the discussions. The Heritage and Arts Commission will make final recommendation to Town Council on all art/artist selections. The Heritage & Arts Commission may assign additional duties to the panel as necessary. ARTISTS RESPONSIBILITIES Artists shall submit the following: • Qualifications • Visuals • Proposals and/or project materials requested. • If selected, the artist will execute and complete the artwork in a timely and professional manner as contracted. • The artist will make presentations to the Heritage and Arts Commission or other reviewing bodies as determined by Town Manager. • Public presentations and community education workshops may be requested for any public art project as needed. OTHER AGENCIES’ RESPONSIBILITIES The Town Manager will assign Staff as necessary to review proposed contracts or agreements of selected artists and make recommendations regarding the following: • Liability and insurance requirements. • Legal issues. • Safety issues. • Code requirements. • Timelines. • Installation issues will be discussed with the Town Engineer. • Appropriate documentation will be completed which may include design, other drawings, photographs or videos. SITE SELECTION The Heritage and Arts Commission will maintain an inventory of current artworks and a map of the peninsula which will show where artwork is located. The map will provide information where future artwork can be placed. The Commission can either choose a location where artwork would be a valuable addition to the community and solicit proposals for that specific site or identify appropriate artwork and determine which site would be the best location. The criteria to be used for site selection would include: • Compatibility with the principal purpose of the location; work must not block view corridors or impede use of public open space. • Suitability of the artwork’s scale and character. • Availability of suitable physical space. • Environmental suitability of the artwork. • Cost to establish and maintain the artwork at the site. • Availability of funding sources. The Heritage and Arts Commission will coordinate the site selection process with appropriate Town Staff and other Town bodies as determined by Town Manager. FUNDING The Public Art Program recognizes that funding and maintenance of public art can be challenging. The Program anticipates utilizing the following methods: • Public funds could be used to acquire and maintain public art if built into the Town’s budget as a specific line item. • A percentage for art could be built into town funded capital improvement projects. • Business sponsorships could be developed for specific proposed art selections or for the Public Art Program in general. • Donations for public art could be sought from private sector groups, both for-profit and/or non-profit. • Individuals may make donations. • Grants and/or matching grants could be sought from national and local foundations and institutions. ARTIST SELECTION The Heritage and Arts Commission will select artists using one of the following methods: • Request for Qualifications. (RFQ) • Request for Proposal. (RFP) • Invitational competition. • Pre-qualified list. The method used will vary depending on the type of project and the specific requirements of the project. The goal is to select artists in a well-documented and transparent process that are best suited to the project in mind. The following factors will be considered when reviewing proposals by the artist and the artwork: • Reasonable maintenance requirements as specified by the artist. Consideration will be given to who will perform the maintenance procedures; the Town, the artist or private parties. • Works of art will be designed considering public safety and decency. • Consideration will be given to issues of security, theft, vandalism. • The design of the art will be site specific. Works must not block view corridors or impede use of key public open space. OVERVIEW OF THE PUBLIC ART APPROVAL PROCESS The general outline of the approval process will be as follows: • Select a site or group of sites • The artist selection panel will determine if the proposed public art project fits the Public Art Program. • The Heritage and Arts Commission will recommend the project to Town Council. • The Town Staff will prepare a Staff Report and comment on the project. • The Town Council will consider approval of the project. EXHIBIT 2 R e c o g n i z i n g T i b u r o n ’ s H i s t o r i c a l P o r t u g u e s e D a i r y F a r m s Part I  Ti b u r o n H e r i t a g e a n d A r t s ( H & A ) C o m m i s s i o n h a s i d e n t i f i e d a re t a i n i n g w a l l a d j a c e n t t o t h e T i b u r o n B i k e P a t h f o r be a u t i f i c a t i o n , i d e n t i f i e d a s t h e “ O l d R a i l T r a i l m u r a l ” .  Th e r e t a i n i n g w a l l i s l o c a t e d o n t h e B i k e P a t h i n c l o s e p r o x i m i t y to t h e D e l M a r S c h o o l , s i t e o f t h e “ L i t t l e R e e d ” D a i r y , o n e o f th r e e T i b u r o n D a i r i e s o p e r a t e d b y P o r t u g u e s e d a i r y f a m i l i e s ea r l y i n T i b u r o n ’ s h i s t o r y .  It i s p r o p o s e d t h a t P o r t u g u e s e “A z u l e j o s ” t i l e s d e c o r a t e t h e re t a i n i n g w a l l w i t h a s t y l i z e d m u r a l de p i c t i n g t h e L i t t l e R e e d D a i r y a n d re c o g n i z i n g t h e h i s t o r i c a l im p o r t a n c e o f t h e P o r t u g u e s e Da i r i e s t o e a r l y T i b u r o n h i s t o r y . Mu r a l P r o j e c t O c t o b e r 2 0 2 1 4 5 6 Mural Project October 2021 Part II  Be f o r e T i b u r o n h a d t h e r a i l r o a d , T i b u r o n h a d d a i r i e s .  Fr o m e a r l y y e a r s t h e d a i r i e s w e r e o p e r a t e d b y P o r t u g u e s e A z o r e a n im m i g r a n t f a m i l i e s , w h o w e r e a n i m p o rt a n t p a r t o f t h e e a r l y T i b u r o n co m m u n i t y  Th e t h r e e d a i r i e s a r e n o w t h e l o c a t i o n s o f t h e 3 p u b l i c s c h o o l s : ◦ Re e d S c h o o l ( H i l a r i t a D a i r y ) ◦ Be l A i r e S c h o o l ( B i g R e e d D a i r y ) ◦ De l M a r S c h o o l ( L i t t l e R e e d D a i r y ) 8  Da v i d G o t z ( o f T i b u r o n L a n d m a r k s ) , an d M i k e M o y l e , e a c h n o t a b l e l o c a l hi s t o r i a n s o n T i b u r o n h i s t o r y a n d Po r t u g u e s e d a i r i e s , r e s p e c t i v e l y , h a v e wr i t t e n a b o u t t h e s i g n i f i c a n c e o f t h e Po r t u g u e s e d a i r i e s i n e a r l y T i b u r o n hi s t o r y . ( S e e E x h i b i t A ) . Mu r a l P r o j e c t O c t o b e r 2 0 2 1 9 Mu r a l P r o j e c t O c t o b e r 2 0 2 1 10 Mu r a l P r o j e c t O c t o b e r 2 0 2 1 11 Li t t l e R e e d D a i r y m i l k i n g b a r n u s e d a s R e e d Un i o n S c h o o l O f f i c e 1 9 5 6 u n t i l 1 9 6 4 . ( A n n Je a n C o l e , 1 9 6 3 ) Li t t l e R e e d D a i r y R a n c h c i r c a 1 9 4 0 . T h e Ti b u r o n H i g h w a y ( n o w B l v d . ) w i n d s b y t h e da i r y , n o w t h e s i t e o f D e l M a r S c h o o l . Mural Project October 2021 ◦ Th e d a i r i e s w e r e a ke y p a r t o f t h e ov e r a l l e c o n o m y a n d co m m u n i t y o f Ti b u r o n a n d M a r i n Co u n t y . ( M a r i n Co u n t y l e d t h e S t a t e ' s co u n t i e s i n d a i r y pr o d u c t i o n i n t o t h e 18 9 0 ’ s ) , 12 ◦ In S o u t h e r n M a r i n t h o s e d a i r i e s w e r e f o r s e v e r a l d e c a d e s al m o s t e x c l u s i v e l y o p e r a t e d b y P o r t u g u e s e , a c o n c e n t r a t i o n fo u n d n o w h e r e e l s e i n t h e c o u n t y . Li t t l e R e e d D a i r y R a n c h c i r c a 1 9 4 0 . T h e T i b u r o n H i g h w a y (n o w B l v d . ) w i n d s b y t h e d a i r y , n o w t h e s i t e o f D e l M a r Sc h o o l . Mu r a l P r o j e c t O c t o b e r 2 0 2 1 13 ◦ Th e r e a r e a l m o s t n o ph y s i c a l r e m i n d e r s l e f t th a t a c k n o w l e d g e s t h e si g n i f i c a n c e o f t h o s e da i r i e s a n d t h e co n t r i b u t i o n s m a d e b y th o s e w h o w o r k e d t h e r e - as w e w o u l d a l l a g r e e , i t i s an i m p o r t a n t h i s t o r y wh i c h i s i n d a n g e r o f be i n g f o r g o t t e n . Li t t l e R e e d D a i r y m i l k i n g b a r n u s e d a s R e e d U n i o n Sc h o o l O f f i c e 1 9 5 6 u n t i l 1 9 6 4 . ( A n n J e a n C o l e , 1 9 6 3 ) Mu r a l P r o j e c t O c t o b e r 2 0 2 1 Part III 15 F r o m W i k i p e d i a : A z u l e j o (P o r t u g u e s e : [ɐ zu ˈle ʒ u, ɐ zu ˈl ɐ j ʒ u] , Sp a n i s h : [a s u ˈle x o ] ; f r o m t h e A r a b i c a l - z i l l ī j , ﺞﻳ ﻟ ﺯ ﻟ ﺍ )[1 ] [ 2 ] is a f o r m o f Po r t u g u e s e an d Sp a n i s h pa i n t e d ti n - gl a z e d c e r a m i c t i l e w o r k . Az u l e j o s a r e f o u n d o n t h e i n t e r i o r a n d e x t e r i o r o f ch u r c h e s , palaces , or d i n a r y h o u s e s , s c h o o l s , a n d n o w a d a y s , r e s t a u r a n t s , b a r s a n d ev e n ra i l w a y s or su b w a y s t a t i o n s . T h e y a r e a n or n a m e n t a l a r t form, bu t a l s o h a d a s p e c i f i c f u n c t i o n a l c a p a c i t y l i k e te m p e r a t u r e c o n t r o l in ho m e s . Th e w o r d a z u l e j o ( a s w e l l a s t h e Li g u r i a n la g g i o n [3 ] ) i s d e r i v e d f r o m th e Ar a b i c ﺞﻳ ﻟ ﺯ ﻟ ﺍ (a l - z i l l ī j) : ze l l i g e , m e a n i n g " p o l i s h e d s t o n e " s h o w s t h e un m i s t a k a b l e A r a b i n f l u e n c e s i n m a n y t i l e s . -- - - - - - - - - - - - - - In i t i a l l y m o r e a b s t r a c t i n d e s i g n , t h e y e v o l v e d t o p i c t o r i a l i m a g e s de p i c t i n g e v e r y d a y o r h i s t o r i c e v e n t s . A n e w “ c o n t e m p o r a r y ” s t y l e i s se e n m o r e f r e q u e n t l y . T h e n e x t f e w p a g e s d e m o n s t r a t e th e v a r i o u s t r a d i t i o n a l . p i c t o g r a p h i c , a n d m o d e r n t i l e Mural Project October 2021 Mu r a l P r o j e c t O c t o b e r 2 0 2 1 16 17 Mural Project October 2021 18 Mural Project October 2021 19 Mural Project October 2021 Part IV 21  Jo ã o D e B r i t o , a n A z o r e a n p a i n t e r .  Az o r e a n C a l i f o r n i a n . J o ã o d e B r i t o w a s b o r n i n P o r t u g a l  Co n t e m p o r a r y . A f i t t i n g s t y l e f o r T i b u r o n .  Of s o m e r e n o w n - h e h a s t r a v e l l e d e x t e n s i v e l y t h r o u g h o u t Ca l i f o r n i a , t h e U . S . , C a n a d a , C e n t r a l A m e r i c a , A s i a , P a c i f i c Is l a n d s a n d E u r o p e t o p a i n t i n o i l s e n p l e i n a i r e .  Jo ã o D e B r i t o h a s b e c o m e w e l l - k n o w n f o r h i s us e o f v i b r a n t c o l o r s t h a t e l i c i t l i g h t , l i f e , en e r g y a n d i n t e r p r e t i v e l a n d s c a p e s . H a v i n g un l e a s h e d a f r e s h c r e a t i v i t y – i n s p i r e d b y me m o r i e s o f h i s h o m e l a n d , Mural Project October 2021 22 Mu r a l P r o j e c t O c t o b e r 2 0 2 1 23 Mu r a l P r o j e c t O c t o b e r 2 0 2 1 24 Mural Project October 2021 Ca v e a t s : • Im a g e i s a w a t e r ‐ c o l o r d r a f t , f o r p u r p o s e s o f p r e s e n t a t i o n o n l y • Th e f i n a l p a i n t i n g w i l l c o n s i s t o f m u l t ‐ l a y e r e d o i l w o r k . • Pr o v i d e d h i s t o r i c a l p h o t o s i m a g e s w i l l b e u s e d f o r f i n a l p a i n t i n g . Mu r a l P r o j e c t O c t o b e r 2 0 2 1 25 Part V 27  De t a i l e d c o s t i s b e y o n d s c o p e o f t h i s p r e s e n t a t i o n , b u t co n s e r v a t i v e r o u g h e s t i m a t e i s $ 1 0 , 0 0 0 t o $ 1 5 , 0 0 0 .  De p e n d e n t o n m a n y v a r i a b l e s , i n c l u d i n g d e s i g n , c o l o r , s i z e , e t c .  Ti l e s a r e g e n e r a l l y 5 ” o r 6 ” s q u a r e . A s s u m i n g 4 ’ t a l l x 1 0 ’ w a l l = 40 s q . f e e t = 4 8 ” x 1 2 0 ” s q . i n c h e s = 5 , 7 6 0 s q . i n c h e s . D i v i d e by 3 6 ” s q . i n c h e d ( 6 ” i n c h s q u a r e ) = 1 6 0 t i l e s , p e r r o u g h ca l c u l a t i o n s .  Ti l e s c o s t a r e e s t i m a t e d a t $ 5 t o $ 3 0 p e r t i l e ( d e p e n d i n g o n t h e ty p e o f t i l e a n d s t a n d a r d d e s i g n v s . h a n d - p a i n t e d m u r a l , e t c . ) .  In d i v i d u a l h a n d p a i n t e d t i l e s o n t h e u p p e r - en d o f t h e c o s t s c a l e , b u t m o s t a z u l e j o s t i l e s ar t w o r k i s n o w d i g i t a l l y r e n d e r e d f i r s t b y co m p u t e r a n d t h e n g l a z e d .  Co m m i s s i o n f o r t h e a r t i s t r e n d e r i n g t h e de s i g n a n d i n s t a l l a t i o n c o s t s . Mu r a l P r o j e c t O c t o b e r 2 0 2 1 28  Ti b u r o n H e r i t a g e a n d A r t s ( H & A ) C o m m i s s i o n ?  Gr a n t f r o m “ F L A D ” – t h e Fo u n d a t i o n f o r L u s o Am e r i c a n D e v e l o p m e n t .  Pr i v a t e s o u r c e s s u c h a s g i f t s a n d d o n a t i o n s .  Th e “ P r a ç a d e C a s c a i s ” i n S a u s a l i t o c o u l d b e a mo d e l f o r p r i v a t e f u n d i n g . Mu r a l P r o j e c t O c t o b e r 2 0 2 1 Part VI 30  Po s s i b l e a z u l e j o s m a n u f a c t u r e r s a r e i n m a i n l a n d P o r t u g a l . W e b s i t e s ar e : ◦ ht t p : / / w w w . e u r o m k i i . c o m / ( E s t o r i l ) (E s t o r i l ) ◦ ht t p : / / w w w . s i n t r a a n t i q u e t i l e s . c o m / (S i n t r a ) ◦ Az u l e j o s d e A z e i t ã o ( a z u l e j o s d e a z e i t a o . c o m ) (S e t u b a l )  Tw o a d d i t i o n a l s o u r c e s i n A l c a b i d e c h e , o n t h e o u t s k i r t s o f C a s c a i s . ◦ Az u l e j o s M a n u e l M a r q u e s A n t u n e s L d a ◦ Ce r â m i c a D e B i c e s s e L d a  Th e f a c t o r i e s h a v e r e s i d e n t a r t i s t s t o ha n d d r a w t h e a z u l e j o s .  Po s s i b l e b e n e f i t t o f i n d i n g a n a z u l e j o s so u r c e s i n t h e A z o r e s . Mu r a l P r o j e c t O c t o b e r 2 0 2 1 Part VII • Th e p a i n t i n g d i m e n s i o n s w i l l b e 4 8 ” x 1 8 ” o i l o n c a n v a s . • Th e d i m e n s i o n s o f t h e w a l l a r e 1 3 ’ a n d 3 ¼ ” i n c h e s l e n g t h a l o n g the top. Th e s i d e h e i g h t a p p e a r s t o b e 4 1 a n d ½ ” . • Th e o i l p a i n t i n g l e s s t h a n a 3 : 1 r a t i o l e n g t h t o h e i g h t , t h e w a ll is almost a 4 : 1 r a t i o . • Co n v e r t e d t o m e t r i c , t h e p a i n t i n g i s 1 . 2 1 9 2 m e t e r s ( l e n g t h / w i d t h ) a n d 0. 4 5 7 2 m e t e r s ( h e i g h t ) . • Th a t i s a r a t i o o f 2. 6 6 6 7 wi d t h t o h e i g h t . • Co n v e r t e d t o m e t r i c , T h e w a l l i s 4 . 0 4 4 9 5 m e t e r s ( l e n g t h ) b y 1 . 0 5 4 1 m e t e r s (h e i g h t ) . • Th a t i s a r a t i o o f 3. 8 3 7 3 le n g t h t o h e i g h t . Mu r a l P r o j e c t O c t o b e r 2 0 2 1 32 33  No s p e c i a l t i l e i n s t a l l a t i o n t e c h n i q u e s re q u i r e d .  Do e s n o t a p p e a r t h a t m u c h m a s o n r y pr e p w o r k w o u l d b e r e q u i r e d .  Th e r e a r e m a n y l o c a l t i l e m a s o n s , in c l u d i n g A z o r e a n P o r t u g u e s e co n t r a c t o r s , w h o c a n i n s t a l l t h e t i l e s .  Th e Po r t u g u e s e H i s t o r i c a l M u s e u m in Sa n J o s e w i l l b e h e l p f u l i n i d e n t i f y i n g po s s i b l e a z u l e j o s i n s t a l l e r c o n t r a c t o r s . Mu r a l P r o j e c t O c t o b e r 2 0 2 1 • To a v o i d a n y d i s t o r t i o n i s s u e s e n l a r g i n g a 2 . 6 6 7 : 1 r a t i o t o a 3 .8 3 7 : 1 r a t i o t o f i t on t h e w a l l , I s u g g e s t b o r d e r a z u l e j o s t o d e c r e a s e t h e s i z e o f th e “ pictorial ar e a ” ( t h e a r e a t h a t y o u r o i l p a i n t i n g w o u l d b e e n l a r g e d a n d p l a c e d on the az u l e j o s ) t o t h e s a m e 2 . 6 6 7 : 1 r a t i o a s t h e o i l p a i n t i n g . • An a z u l e j o s b o r d e r o f a p p r o x i m a t e l y 2 4 . 2 9 ” o n e a c h s i d e o f t h e wall, or 48 . 5 8 ” t o t a l , w o u l d c r e a t e a pi c t o r i a l a r e a of 1 1 0 . 6 7 ” ( l e n g t h ) a n d 4 1 . 5 ” (h e i g h t ) . • Th a t i s a r a t i o o f 2. 6 6 6 7 co n f o r m s t h e s a m e o i l p a i n t i n g r a t i o o f 2.6667 . • Th i s c o n v e r t s t o a m e t r i c pi c t o r i a l a r e a of 2 . 8 0 1 9 3 m e t e r s ( l e n g t h ) a n d 1. 0 5 4 1 m e t e r s ( h e i g h t ) . • Th e a z u l e j o s b o r d e r w o u l d b e p a r t l y d e c o r a t i v e , a n d p a r t l y i n f o rmation, i.e.: • Ar t i s t a n d o i l p a i n t i n g n a m e , a n d y e a r • Na r r a t i v e d e s c r i p t i o n o f t h e d e p i c t i o n a n d i m p o r t a n c e • Do n o r s a n d c o n t r i b u t o r s , e t c . Mu r a l P r o j e c t O c t o b e r 2 0 2 1 34 Mu r a l P r o j e c t O c t o b e r 2 0 2 1 35 1 . 0 5 4 1 m 1.0541m 4. 0 4 4 9 5 m 4. 0 4 4 9 5 m 36 1. 2 3 4 m 2. 81 0 9 3 4 m 1. 2 3 4 m 1 . 0 5 4 1 m 1.0541m 4. 04 4 9 5 m Na r r a t i v e De s c r i p t i o n o f Ar t i s t , Y e a r , O i l Na m e , D e p i c t i o n , an d H i s t o r i c a l Im p o r t a n c e o f de p i c t i o n t o ap p e a r o n l e f t si d e b o r d e r . Ad d i t i o n a l na r r a t i v e de s c r i p t i o n a n d Pr o j e c t Co o r d i n a t o r s , an d d o n o r ' s , co n t r i b u t o r s , e t c . to a p p e a r o n ri g h t s i d e bo r d e r . Mu r a l P r o j e c t O c t o b e r 2 0 2 1 Additional narrative description and Project Coordinators, and donor's, contributors, etc. to appear on right side border. Na r r a t i v e De s c r i p t i o n o f Ar t i s t , Y e a r , O i l Na m e , D e p i c t i o n , an d H i s t o r i c a l Im p o r t a n c e o f de p i c t i o n t o ap p e a r o n l e f t si d e b o r d e r . Mu r a l P r o j e c t O c t o b e r 2 0 2 1 37 Ex h i b i t A Mu r a l Pr o j e c t Oc t o b e r 20 2 1 39 Th e R e e d R a n c h e s a n d D a i r i e s Da v e G o t z , A r c h i v i s t , B e l v e d e r e ‐ T i b u r o n L a n d m a r k s “T h e L a n d m a r k ” , V o l u m e 4 2 , N o . 1 , S p r i n g 2 0 1 5 (ht t p s : / / l a n d m a r k s s o c i e t y . c o m / w p ‐ c o n t e n t / u p l o a d s / 2 0 1 2 / 1 0 / L a n d m a r k ‐ N e w s l e t t e r ‐ S p r i n g ‐ 2 0 1 5 . p d f ) Bo t h S i d e s o f t h e T r a c k A C o l l e c t i o n o f O r a l H i s t o r i e s f r o m B e l v e d e r e a n d T i b u r o n Co m p i l e d b y S h i r l e y M i t c h e l l a n d C a t h y D e b s E p s t e i n Ed i t e d b y J a m e s H e i g a n d S h i r l e y M i t c h e l l Sc o t t w a l l A s s o c i a t e s ; 1 s t e d i t i o n ( J a n u a r y 1 , 1 9 8 6 ) (R e m e m b r a n c e s o f 2 2 o l d ‐ t i m e r s r e p re s e n t i n g a c r o s s ‐ s e c t i o n o f th e e a r l y f a m i l i e s w h o s e t t l e d o n t h e e a s t an d w e s t s i d e s o f t h e r a i l r o a d t r a c k s . ) (h t t p s : / / l a n d m a r k s s o c i e t y . c o m / s h o p / ) An O r a l H i s t o r y w i t h J o s e p h A v e l l a (I n t e r v i e w s c o n d u c t e d b y P r o f e s s o r D o n W a r r i n i n 2 0 1 2 ) Un i v e r s i t y o f C a l i f o r n i a B e r k e l e y , C a l i f o r n i a Re g i o n a l O r a l H i s t o r y O f f i c e T h e B a n c r o f t L i b r a r y Co p y r i g h t © 2 0 1 3 b y T h e R e g e n t s o f t h e U n i v e r s i t y o f C a l i f o r n i a (Jo e A v e l l a o r a l h i s t o r y a b o u t h i s f a m i l y o r i g i n s i n t h e A z o r e s , hi s f a t h e r ’ s i m m i g r a t i o n e x p e r i e n c e a n d ev e n t u a l o w n e r s h i p o f t h e 1 , 0 0 0 ‐ a c r e H i l a r i t a D a i r y i n T i b u r o n . ) (P a r t o f U C B e r k e l e y B a n c r o f t L i b r a r y , D i g i t a l C o l l e c t i o n s , " P o rt u g u e s e i n C a l i f o r n i a " o r a l h i s t o r y c o l l e c t i o n ) (h t t p s : / / d i g i c o l l . l i b . b e r k e l e y . e d u / r e c o r d / 2 1 8 7 1 7 ? l n = e n ) . Mu r a l Pr o j e c t Oc t o b e r 20 2 1 40 Hi l a r i t a D a i r y C a l f S h e d a n d R e s i d e n c e H i s t o r i c R e s o u r c e E v a l u a t io n Ar c h i t e c t u r a l R e s o u r c e s G r o u p , I n c . S a n F r a n c i s c o , C a l i f o r n i a Pr e p a r e d f o r T o w n o f T i b u r o n P u b l i c W o r k s D e p a r t m e n t ( A p r i l 2 0 1 7) (At t h e r e q u e s t o f t h e T o w n o f T i b u r o n P u b l i c W o r k s D e p a r t m e n t , Ar c h i t e c t u r a l R e s o u r c e s G r o u p p r e p a r e d a n Hi s t o r i c R e s o u r c e E v a l u a t i o n ( H R E ) f o r t h e H i l a r i t a D a i r y c a l f s he d a n d r e s i d e n c e l o c a t e d a t t h e m u n i c i p a l co r p o r a t i o n y a r d a t 1 9 9 K l e i n e r t Wa y i n T i b u r o n f o r t h e p u r p o s e o f e v a l u a t i o n t o d e t e r m i n e i f t h e b u i l d i n g me t t h e c r i t e r i a f o r l i s t i n g i n t h e C a l i f o r n i a R e g i s t e r o f H i s t or i c a l R e s o u r c e s , i . e . , a C a l i f o r n i a R e g i s t e r e d la n d m a r k ) (A v a i l a b l e a t : ht t p s : / / l a n d m a r k s s o c i e t y . c o m / w p ‐ c o n t e n t / u p l o a d s / 2 0 1 7 / 0 6 / H i l a r i t a‐ D a i r y ‐ H R E ‐ F i n a l ‐ 4 ‐ 2 6 ‐ 1 7 . p d f ) Ro q u e M o r a i s a n d E a r l y P o r t u g u e s e i m m i g r a t i o n i n M i l l V a l l e y Ly s s a M c K e e a n d M i c h a e l M o y l e Th e M i l l V a l l e y H i s t o r i c a l S o c i e t y Re v i e w , S p r i n g 2 0 1 7 , p . 8 (ht t p s : / / w w w . c i t y o f m i l l v a l l e y . o r g / c i v i c a x / f i l e b a n k / b l o b d l o a d . a s p x? b l o b i d = 2 7 2 6 9 & f b c l i d = I w A R 1 ‐ fP Z 2 D z 0 T _ x F 8 T 2 B 0 4 f V w v w D v c E Q O u 4 t j W e J ‐ 9 0 d b a 1 u M g o E u P q 7 d W a M ) Mural Project October 2021 41 Ot h e r : Fa c e b o o k : No v e m b e r 5 , 2 0 1 5 I D E S S T F a c e b o o k p o s t r e g a r d i n g Ma r y B e r n a r d S i l v a . Ma r y ’ s m o t h e r , M a r y B o r g e s B e r n a r d , w h o wa s b o r n i n T a m V a l l e y i n 1 8 7 9 , m ar r i e d J o h n B e r n a r d ( d e S o u z a ) , w h o w a s t h e f o r e m a n o n b o t h t h e Li t t l e R e e d D a i r y Ra n c h (n o w t h e l o c a t i o n o f De l M a r S c h o o l wh e r e M a r y w a s b o r n i n 1 8 9 7 ) , a n d t h e Bi g R e e d R a n c h (t h e l o c a t i o n o f Be l A i r e S c h o o l ). ht t p s : / / b i t . l y / 3 e s E s s S Ma y 1 6 , 2 0 1 7 I D E S S T F a c e b o o k p o s t r e g a r d i n g t h e s a v i n g o f t h e ol d c a l f b a r n fr o m t h e Hi l a r i t a d a i r y wh i c h w a s di s a s s e m b l e d a n d m o v e d t o t h e G o l d e n G a t e D a i r y ( M u i r B e a c h ) ht t p s : / / b i t . l y / 3 r f l q e S Ma r i n D a i r y P r o j e c t A c o l l a b o r a t i v e p r o j e c t o f : Mi c h a e l M o y l e a n d D e w e y L i v i n g s t o n (Lo c a l h i s t o r i a n s D e w e y L i v i n g s t o n a n d M i k e M o y l e a r e i n t h e p r o ce s s o f i d e n t i f y i n g t h e l o c a t i o n s o f a l l o f t h e d a i r i e s th a t h a v e e v e r o p e r a t e d i n M a r i n C o u n t y . T o d a t e , t h e y h a v e i d e n t i f i e d o v e r 3 3 0 s u c h d a i r i e s , f e w e r t h a n 1 0 % o f w h i c h co n t i n u e t o o p e r a t e t o d a y . T h i s r e s e a r c h p r o j e c t h a s i d e n t i f i e d o v e r 4 0 P o r t u g u e s e d a i r i e s i n t h e M a r i n C o u n t y o p e r a t e d du r i n g t h e p e r i o d f r o m r o u g h l y 18 8 0 t o 1 9 5 5 . A l l o f t h e m w e r e o w n e d , o p e r a t e d a n d / o r m a n ag e d ( i n s o m e c a s e s a l l th r e e ) b y P o r t u g u e s e i m m i g r a n t s a n d t h e i r d e s c e n d a n t s . T o d a y , t h ey a r e a l l g o n e , w i t h o n l y a f e w b u i l d i n g s l e f t t o m a r k th e i r l o c a t i o n s . ) ma r i n d a i r i e s @ g m a i l . c o m . Re p o r t e d i n : Ma r i n I n d e p e n d e n t J o u r n a l “M a r i n h i s t o r i a n s a i m t o d o c u m e n t e v e r y l o c a l d a i r y e v e r ” By RI C H A R D H A L S T E A D | rh a l s t e a d @ m a r i n i j . c o m | PU B L I S H E D : J a n u a r y 1 2 , 2 0 2 0 a t 1 1 : 5 8 a . m . | U P D A T E D : J a n u a r y 1 3 , 2 0 2 0 a t 6 : 3 7 a . m . ht t p s : / / w w w . m a r i n i j . c o m / 2 0 2 0 / 0 1 / 1 2 / m a r i n ‐ h i s t o r i a n s ‐ a i m ‐ t o ‐ d o c u me n t ‐ e v e r y ‐ l o c a l ‐ d a i r y ‐ e v e r / 42 Ot h e r C o n t i n u e d : He r e a r e l i n k s t o o u r p r i o r p o s t s r e g a r d i n g t h e G o l d e n G a t e D a i ry : 1. J u l y 2 3 , 2 0 1 5 . O u r i n i t i a l p o s t a b o u t t h e d a i r y , i n c l u d i n g a l i n k t o t h e N a t i o n a l P a r k S e r v i c e ’ s e x t e n s i v e 2 0 1 3 C u l t u r a l Re s o u r c e R e p o r t s a n d S i t e T r e a t m e n t s d o c u m e n t f o r t h e d a i r y . ht t p s : / / w w w . f a c e b o o k . c o m / i d e s s t / p o s t s / 1 0 2 8 8 8 0 6 0 3 8 2 3 6 1 4 2. F e b r u a r y 8 , 2 0 1 6 . A p o s t b y M i k e M o y l e , t h e h e a d o f o u r S a u s al i t o P o r t u g u e s e C u l t u r a l C e n t e r H i s t o r y C o m m i t t e e , re g a r d i n g a h i k e t h r o u g h t h e h i l l s a b o v e t h e G o l d e n G a t e D a i r y , i n c l u d i n g a l o n g t h e D i a s R i d g e T r a i l , n a m e d a f t e r t h e Di a s R a n c h a l o n g P a n o r a m i c H i g h w a y ( D a i r y # 2 6 ) , a n d t h r o u g h F r a nk V a l l e y . M i k e ’ s p h o t o s s h o w t h e a r e a s u r r o u n d i n g th e d a i r y o n a p a r t i c u l a r l y b e a u t i f u l d a y . ht t p s : / / w w w . f a c e b o o k . c o m / m i k e . m o y l e . 7 7 / p o s t s / 1 1 2 0 4 6 3 8 3 1 3 0 6 6 1 8 3. F e b r u a r y 1 1 , 2 0 1 6 . A n u p d a t e o n th e O c e a n R i d e r s ’ p r o j e c t t o r e n o v a t e t h e i r h i s t o r i c h a y b a r n w h i c h w o u l d b e t h e si t e o f t h e P o r t u g u e s e D a i r y I n t e r p r e t i v e C e n t e r . A p o r t i o n o f th e f i n a n c i a l s u p p o r t f o r t h a t p r o j e c t w a s g e n e r o u s l y pr o v i d e d b y t h e F u n d a ç ã o L u s o ‐ A m e r i c a n a p a r a o D e s e n v o l v i m e n t o ( “ FL A D ” ) . ht t p s : / / w w w . f a c e b o o k . c o m / i d e s s t / p o s t s / 1 1 3 2 1 8 5 7 5 3 4 9 3 0 9 8 4. A p r i l 3 0 , 2 0 1 7 . A r e p o r t o n a g a t h e r i n g a t t h e G o l d e n G a t e D ai r y t o c e l e b r a t e t h e h i s t o r y o f t h e P o r t u g u e s e d a i r i e s i n so u t h e r n M a r i n , a n d t o h e a r f r o m l o n g t i m e M u i r B e a c h a n d F r a n k V a l l e y r e s i d e n t s T o n y B r a z i l , A m a d e o B a n d u c c i a n d Sh i r l e y S o u z a N y g r e n a b o u t t h e i r m e m o r i e s o f t h e d a i r y a n d t h e su r r o u n d i n g a r e a . ht t p s : / / w w w . f a c e b o o k . c o m / i d e s s t / p o s t s / 1 5 1 7 7 1 5 3 9 8 2 7 3 4 6 3 5. M a y 1 6 , 2 0 1 7 . A r e p o r t o n t h e s u c c e s s f u l r e s c u e o f t h e h i s t o ri c c a l v i n g b a r n f r o m t h e H i l a r i t a D a i r y ( D a i r y # 1 3 ) w i t h th e s a l v a g e d m a t e r i a l s t o b e p r e s e r v e d a t t h e G o l d e n G a t e D a i r y . ht t p s : / / w w w . f a c e b o o k . c o m / i d e s s t / p o s t s / 1 5 3 3 1 0 4 4 2 0 0 6 7 8 9 4 Mural Project October 2021 Tiburon Town Council October 20, 2021 AI-3: Tiburon Bike Path “Azulejos” Mural Project Late Mail From:Emily Chiswick-Patterson To:Lea Stefani Subject:Support for mural Date:Tuesday, October 19, 2021 12:01:53 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 write to share support for the installation of the Azulejos mural project on the pathway in town. In reading about this project, I appreciate both the design proposed and the link it willadd to our town's history. It would be a beautiful and interesting stopping point on the trail, and I very much hope to see it move forward. -Emily Chiswick-PattersonTiburon From:Connie Maddox To:Lea Stefani; Connie and Greg Maddox; Greg Maddox; connie.p.maddox@wellsfargo.com Subject:Mural Wall Project on bike path Date:Tuesday, October 19, 2021 2:28:06 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. Good afternoon Town Council Members, We are writing today to extend our support, thanks and gratitude to the town for approval of the Mural Wall on the bike path across from Del Mar School. Connie (birth name: Maria Conceicao Sousa Botelho de Paiva) is a native of Sao Miguel,Azores, Portugal. Together we have lived in Tiburon since 2003. We chose to call Tiburon home for many reasons, one of which was raising our family. We are thrilled to learn that ourtown is considering recognizing a piece of the historical and cultural influence of the Portuguese people and their profession - Dairy Farms. Prior to moving to Tiburon, we had noidea there was such a strong presence of Portuguese culture and dairies here. We are quite familiar with the influence and presence of Portuguese culture and people throughout many ofCalifornia's central valley, south bay, north bay and even Sausalito communities but never had we even heard of Portuguese in Tiburon. As a young child, Connie's family traveled andparticipated in Portuguese cultural festivals and events throughout California. Many of Connie's parents' friends owned dairies here in California and Connie still has family thatcontinue to manage and work in dairy's back on the island. Upon learning of Tiburon's early years and the Portuguese settlers, we were so proud to share this with our two children and friends here in Tiburon. They too were quite surprised to learnof this rich and interesting history. Now we are thrilled to share news of this exciting mural with friends and family locally, throughout California, East Coast, Canada and even back onthe islands. Thank you for your support and recognition of the people, culture and industry that once helped to shape Tiburon. with thanks and appreciation, The Paiva - Maddox Family Connie, Greg, Quinten & Audrey From:Mitchell Green To:Lea Stefani Subject:SUPPORT FOR MURAL ON HIKE AND BIKE TRAIL Date:Tuesday, October 19, 2021 4:35:49 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 want to support the mural project on the hike and bike trail. I am lucky enough to live right across the street from it, and walk it nearly every day. It is a jewel. It is matched only by the richness of the history that surrounds us. Anything that brings the two together is a good idea. I thought the Trestle Glen extension was very nicely done; understated and wonderfully informative about some of the roots of our community. This mural will similarly enhance all of our enjoyment and appreciation of our town. MITCHELL GREEN 415.816.3770 From:Kari To:Lea Stefani Subject:Mural Azulejos Project Date:Tuesday, October 19, 2021 9:36:56 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. Hello: My name is Kari Kobil and I am a long time Tiburon resident. My family moved to Tiburon in 1963 and has lived here ever since. Our house is situated on Karen Way below Bel–Aire School and the top of our backyard butts up against the old train track bed. When I was quite young, the train used to go by our house every morning while I was eating my Fruit Loops at the dining room table. I made it a daily ritual to wave to one of the conductors who was always standing in the doorway of the caboose. One day I remember my mother telling me that we had to stay in the house because the farmer’s bull had gotten out and was running free along the tracks. I had no idea that he probably came from the dairy that used to be where Bel-Aire stands now. In all the years that I have lived here I have been unaware of the 3 Portuguese dairies in our area until Vasco Morais told me about the mural project. I find that history fascinating. My father was a Marin County historian and taught history at Drake High School for many years. He would have loved this idea for the mural as much as my mother and I do. The proposed mural looks beautiful to my eyes and the area’s very personal history would be on display for everyone to learn about. I believe we need more local historical information on view and available to the public in a way that is interesting and eye catching. History connects us all and reinforces our feeling of community. I am pleased and excited about this project and sincerely hope that it receives the go-ahead to be created. We have a lovely and much used bike path and this mural would only increase its charm and beauty. Thank you for your time. Sincerely, Kari Kobil This email has been scanned by BullGuard antivirus protection. For more info visit www.bullguard.com From:Janet Quint To:Lea Stefani Subject:Tiburon mural project. Date:Wednesday, October 20, 2021 8:50:24 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. I love this idea and think it will be a lovely addition to the town. Vote yes!Thank you. Janet Quint 343 Blackfield Dr, Tiburon, CA 94920 From:Brian Quint To:Lea Stefani Subject:Bike Path Mural Project Date:Wednesday, October 20, 2021 9:42:19 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. I approve of the Tiburon Bike Path "Azulejos" Mural Proposal. _______________________________ Brian D. Quint Quint & Thimmig LLP 900 Larkspur Landing Circle, Suite 270 Larkspur, CA 94939-1726 (415) 925-4200 (Office Phone) (415) 272-8100 (Cell Phone) http://www.qtllp.com ________________________________ NOTICE: This email, including any attachments hereto, has been transmitted by an attorney and may contain information that isprivileged and/or confidential. This email is solely for the use of its original intended recipient. If this email has been forwarded to you, or ifthis email has been sent or delivered to you in error, please be advised that any review, use, dissemination, distribution, printing orcopying of this email, or any attachments hereto, is strictly prohibited. If you are not the original intended recipient of this email, pleasenotify the original sender immediately by return email. Thereafter, please delete this message, including any attachments hereto, fromyour system. Please also destroy all printouts that may have been made of this email or any attachments hereto. Thank you in advancefor your cooperation. TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Request by AC Ventures for a Financial Contribution totaling $298,941 Over Two Years to Subsidize a Pilot Late Night Ferry Program between San Francisco and Tiburon Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Council will be considering a request made by AC Ventures for the Town to make a financial contribution totaling $298,941 over two years from American Rescue Plan funds to subsidize a Pilot Late Night Ferry Service Program between San Francisco and Tiburon. RECOMMENDED ACTION(S) Staff recommends that the Town Council hear the presentation on the proposed project and; 1. If Council wishes to make a financial contribution, indicate the amount of the contribution authorized and direct staff to draft a funding for future Council consideration 2. If Council is not prepared to make a decision at this time, indicate to staff what additional information is required for Council to consider the item at a future meeting 3. Deny the Request. BACKGROUND For many years, Tiburon has enjoyed relatively robust ferry service to a variety of locations. Prior to the COVID-19 pandemic, this included: Monday through Friday commuter ferry service to San Francisco provided by the Golden Gate Bridge Highway and Transportation District (GGBHTD), non-commuter weekday and weekend service to San Francisco provided by Blue and Gold Fleet (Blue and Gold) and daily ferry service to Angel Island provided by Angel Island Ferry. It should be noted that none of the ferry services offered to or from Tiburon are offered at times that would be considered late night service, and that the ferry landing utilized by both GGBHTD and Blue and Gold Fleet is located on property owned by AC Ventures. As we continue to emerge from the pandemic, the ferry services offered by the various providers is evolving. As Council is aware, Blue and Gold Fleet has petitioned the CA Public Utilities Commission (CPUC) to cease providing ferry service to Tiburon. Although these proceedings have not concluded, it appears Blue and Gold has a reasonable chance of gaining a favorable ruling at the CPUC. At the same time, GGBHTD appears committed to restoring Monday-Friday TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting October 20, 2021 Agenda Item: AI-4 Town Council Meeting October 20, 2021 TOWN OF TIBURON PAGE 2 OF 3 commuter service to pre-COVID levels, although the timeframe in which that would occur is unknown. In addition, GGBHTD has shown significant interest in providing some, or all, of the ferry service previously provided by Blue and Gold should they be successful in their proceedings at the CPUC. This is good news, however, even if GGBHTD is able to restore their commuter service to pre-COVID levels and at the same time replicate the pre-COVID service provided by Blue and Gold, late night service would still not be available to or from Tiburon. As noted earlier, AC Ventures owns the property where the Tiburon Ferry Landing is located, and has been actively involved in discussions with all interested parties in discussions related to future ferry service. In addition, AC Ventures is currently involved in several significant restaurant development projects including Bungalow Kitchen (Michael Mina), Malibu Farm, Left Bank (former New Morning Café building), Squalo Vino, and others. In addition to the AC Ventures projects, several other significant restaurant projects are also in the works. These include the renovated Caprice, relocated Servino’s, as well as the recently reopened restaurant located at the Tiburon Lodge. Recognizing that a majority of the business related to these restaurants is likely to occur during the evening, particularly on weekends, AC Ventures, in conjunction with Tideline Marine Group, is working to develop a pilot late night ferry service that would be offered Thursday through Saturday evenings. Details of the proposal are included in the presentation attached as Exhibit 1. As proposed, AC Ventures indicates the proposed service would not break even until Year 3 of service, and is requesting a financial contribution from the Town to subsidize 80% of estimated shortfall during the first 2 years of the program. AC Ventures proposes to raise the remaining 20% from the various businesses benefitting from the service. Per the proposal, the total requested financial contribution from the Town over 2 years is $298,941, while benefitting businesses would contribute a total of $74,735 over the same 2-year period. The proposal specifically indicates this could be an appropriate use of a portion of the American Rescue Plan (ARP) funds earmarked to Tiburon. Representatives from AC Ventures will be attending this evening’s meeting to provide complete details of their proposal and answer any questions from Council. ANALYSIS No further analysis is provided. FINANCIAL IMPACT As noted above, the proposal from AC Ventures suggests the requested funding could be provided by utilizing a portion of the ARP funds allocated to the Town. This allocation totals approximately $2.17M. As previously reported to Council, the ‘final rule’ from the US Treasury Department with regards to the administration of ARP funds has not yet been released. However, the ‘Interim Final Rule’ suggests the funds allocated to the Town will fall into 2 categories. The first, which will be tied to the revenue loss experienced by the Town due to the COVID-19 pandemic, will provide the Town significant flexibility on how these funds are expended. At this point, staff estimates the total amount of the allocated ARP funds that will fall into this first category at approximately $1.1M. Based on the guidelines included in the ‘Interim Final Rule’ Town Council Meeting October 20, 2021 TOWN OF TIBURON PAGE 3 OF 3 regarding expenditure of funds from this category, staff believes any contribution to the proposed program could come from this category. The remainder of the ARP funds will be restricted to specific uses as articulated in legislation, described in the ‘Interim Final Rule’, and which ultimately will be finalized when the ‘Final Rule’ is released. One of the eligible restricted uses specifically listed in the ‘Interim Final Rule’ are expenditures related to ‘aid to impacted industries such as tourism, travel and hospitality’. Based on this, staff believes any contribution to the program as proposed could come from this more restricted category of ARP funds as well. In summary, if Council wishes to make a contribution to the proposed project in any amount, staff is confident the funds could be allocated from the Town’s ARP allocation. Of course, if Council wishes to make a contribution to the program, but does not want to utilize ARP funds, Council could direct staff to utilize General Fund Reserves as a source of funds for the contribution. CLIMATE IMPACT The proposal indicates one of the benefits of the program could be a reduction of vehicle trips to Tiburon, which could result in overall lower greenhouse gas emissions (GhG). Staff agrees reduced GhG emissions could be achieved through increased ferry ridership, however, given the speculative nature of the proposed ridership numbers, it is difficult to quantify any potential reduction at this time. 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 hear the presentation on the proposed project and; 1. If Council wishes to make a financial contribution, indicate the amount of the contribution authorized and direct staff to draft a funding for future Council consideration 2. If Council is not prepared to make a decision at this time, indicate to staff what additional information is required for Council to consider the item at a future meeting 3. Deny the Request Exhibit(s): 1. AC Ventures late night ferry service proposal Prepared By: Greg Chanis, Town Manager EXHIBIT 1 Town of Tiburon Ferry Service Improvement Plan October 2021 Downtown Tiburon’sMerchant Landscape Transformation *Remodel planned. 2 Long-time Merchants Open Since 2018 Recently Opened Coming Soon * Concept tbd Tiburon Evening & Weekend Ferry Service by Tideline Marine Group (offices:1681 Tiburon Blvd. Suite B, Tiburon CA 94920) Tideline’s Mid-Size Vessels Capacity: 50 Passengers Daily Operating Expense: $4,600 Round Trips/Evening: 3 Round Trip Ticket Cost:$35 One-Way Ticket Cost:$20 Initial Service (3 nights/week):Thursday -Sunday 3 Proposed Public Partnership In an effort to provide a more robust, safe, and traffic mitigating Tiburon Ferry Solution, a $400,000 infusion from The Town of Tiburon’s American Rescue Plan Funds along with private funds is necessary. 4 5 TIBURON SAN FRANCISCO OAKLAND Current Tiburon Ferry Service Golden Gate Schedule (Monday –Friday) Depart ArriveTiburonSF Ferry Bldg. 7:55am 8:45am* 5:25pm 5:50pm (direct) Depart ArriveSF Ferry Bldg.Tiburon 4:30pm 5:25pm* 6:00pm 6:55pm** via Sausalito 25 min. Tideline Ridevs. 50-60 min. Ferry Trip Blue & Gold Schedule (Monday –Sunday) Depart Arrive Pier 41 Tiburon 10:15am 11:05am# 1:15pm 2:05pm*5:45pm 6:15pm (direct) Depart Arrive Tiburon Pier 41 11:15am 12:15pm*2:25pm 3:20pm* 6:30pm 7:30pm* # via Angel Island * via Sausalito Adult Tickets: $13/each way Adult Tickets: $14/each way Tideline Evening Ferry Service Schedule Proposal 6 DEPART ARRIVE 7:00pm from Pier 1.5 7:30pm in Tiburon 7:35pm from Tiburon 8:05pm in SF* 8:10pm from SF*8:40pm in Tiburon 8:45pm from Tiburon 9:15pm in SF* 9:20pm from SF*9:50pm in Tiburon 10:45pm from Tiburon 11:15pm in SF* * TBD: Pier 1.5, Hyde Street Pier and/or Marina Landing. San Francisco Chronicle Article (Sept. 13, 2021) “This Bay Area transit service is booming after adding more service on the weekends" 7 “...the ferry’s surging popularity on the weekends illustrates how weekend and leisure travel have taken center stage during the Bay Area’s summer of reopening.” ”…the ferry’s ridership surge marks the latest example of how the pandemic has changed the way people get around the Bay Area, perhaps for the long run.” “…many people boarding ferries since July are first- time riders who didn’t use the service before the pandemic.” “Saturday and Sunday traffic congestion on Bay Area roads has neared and sometimes exceeded 2019 levels.” More than 5,400 people boarded ferries the first weekend of September. Tiburon Evening Ferry Service Benefitting Tiburon Residents and Businesses 8 Ø SAFETY: Helps to reduce traffic on Tiburon Boulevard and neighborhood streets. Ø ADDITIONAL EVENING COMMUTE OPTION for TIBURON RESIDENTS on Thurs. and Fri. EVENINGS Ø SPECIAL EVENT TRANSPORTATION: Provides alternative access for visitors to attend Tiburon events Ø DOWNTOWN BUSINESSES to BENEFIT from an INCREASE of EVENING SHOPPERS Ø COST and TIME EFFECTIVE vs. RIDE SHARING OPTIONS (i.e. Uber, Lyft, etc.) Ø HELPS to REDUCE AIR POLLUTION and GHG EMISSIONS. Ø PROMOTES an INCREASE in TRANSIT USE: Addresses potential General Plan priority 9 Partnership between The Town and Participating Businesses Proposal: Backstop daily operating deficit, should one exist. Structure:Town provides 80% and Participating Businesses provide 20% of backstop. Marketing:All Participating Businesses will be encouraged to include the Tideline service contact on their reservation systems and websites. A&C Ventures has hired and engaged a branding and marketing team to promote Tiburon. 10 Year 1 Projected Demand Assumptions Ø Seasonally adjusted demand forecast based on restaurant capacity. Ø Analysis assumes, on average, 10% of restaurant patrons use Tideline on Thurs, Fri, Sat and Sun evenings. Ø Tickets will initially be priced at $40 round trip and $20 one-way. Ø Potential upside to Year 1 revenue forecast: => Analysis assumes no usage in Year 1 for Malibu Farm, Caprice, Petit Left Bank or Caffe Acri customers. => Assumes no commuter ticket purchases. 11 Initial Conclusions from Restaurant Study Ø With an 80/20 back stop between the Town and Participating Businesses: => In Fiscal Year 1 (November 2021 –October 2022), the total deficit is projected to be ($291,166). => Town’s share is ($232,933) and Participating Businesses is ($58,233). => In Fiscal Year 2 (November 2022 –October 2023), the total deficit is projected to be ($82,510). => Town’s share is ($66,008) and Participating Businesses is ($16,502). Ø Our model predicts the ferry will begin breaking even the first summer all of the restaurants are open. It is unclear if that will be in 2022 or 2023. Ø Incremental sales tax and TOT to the Town may help offset the initial deficit months. 12 APPENDIX 13 Projected Ferry Ridership Demand (forecast does not include commuter usage) YEAR 1 14 Backstop for The 24-month Evening Ferry Service Pilot Program A Partnership between The Town and Participating Businesses (forecast does not include commuter usage) YEAR 1 15 Projected Ferry Ridership Demand (forecast does not include commuter usage) YEAR 2 16 Backstop for The 24-month Evening Ferry Service Pilot Program A Partnership between The Town and Participating Businesses (forecast does not include commuter usage) YEAR 2 EVENING LOOP MAP Late night loop runs approximately every hour between downtown Tiburon and SF, Pier 1.5. Schedule will be determined at a later date. Passengers can track the vessel from our website or QR codes that will be posted at and around our landing locations. TIDELINE FLEET PROTECTORS: 6 passengers ROBIN: 50 passengers PEREGRINE: 149 passengers HERON & OSPREY: 44 passengers TIBURON HUB & DESTINATION LOCATIONS 19 Highlighted Destinations San Francisco: -Hyde St. Pier/Fisherman’s Wharf -Pier 15/Exploratorium -Ferry Building/Embarcadero -Pier 40/AT&T Park/Giants -Pier 52/Chase Center/Warriors North Bay: -San Rafael/Terrapin Crossroads -Sausalito/Downtown -Sausalito/Cavallo Point East Bay: -Richmond/Marina Bay -Oakland/Jack London Square -Berkeley Napa: -Main St. Dock LANDING LOCATIONS North Bay •San Mateo –Oyster Point Marina ** •Richmond –Marina Bay** •Berkeley –Berkeley Marina** •Tiburon (Angel Island Ferry Dock) •Tiburon (Angel Island State Park)* •San Rafael –Terrapin Crossroads* •Vallejo –Municipal Marina* •Napa –Main St. Boat Dock (contracted/ master tenant)* •Martinez –Martinez City Marina* •Antioch –City Marina* •Alameda (estuary side) –Encinel Yacht Club* •Oakland –Jack London Sq. (charters and events approved/ small scale ferry contract in review)* •San Mateo –Coyote Point Marina **•Port of Redwood City ** * Charter/ on demand only ** Small scale ferry (commute services) and charter/ on demand service S. San Francisco East Bay •Sausalito (Downtown)* •Sausalito (Cavallo Point)* •Sausalito Yacht Club (members only) •Tiburon (Downtown)* •San Francisco Yacht Club (members only) •Corinthian Yacht Club (members only) •Alameda –Harbor Bay** San Francisco •Pier 52** •Gate B Ferry Building (Peregrine only/size)** •China Basin (Giants Ballpark)** •St. Francis Yacht Club (members only)* •Golden Gate Yacht Club (members only)*•Pier 1.5** •Pier 15** •Hyde St. Pier** •Pier 40** EVENTS AND TRANSPORTATION 21 Tideline hosts events and ferry service to events around the Bay. SF Giants Weekend Loop: SF-Sausalito -Tiburon Sunset Cocktail Cruise Fleet Week Viewing Events Chase Center Games and Concerts Spare the Air Charters Marine Mammal Center Fundraising Cruises Save the Bay Events Free Community Cruises from Berkeley Marina COMMUNITY BUILDING Tideline hosts community and environmental events on and around the Bay. Audubon Society Fundraising Cruises COVID 19 ENHANCED SAFETY PROTOCOL 23 Protective Gear For Captain, Crew, & Passengers Social Distancing Cleaning Protocols PARTNERS LOCAL TIDELINE TEAM CONTACT SHEET Follow us on instagram/Twitter/Facebook @tidelineSF & tidelinetickets.com Tiburon Town Council October 20, 2021 AI-4: Late Night Ferry Service Proposal/Funding Request Late Mail From:Crystal To:Lea Stefani Subject:Evening Ferry Service Date:Wednesday, October 20, 2021 3:13:44 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. Dear Town Council, On behalf of Luna Blu and the Tiburon Tavern we would like to signify our support ofthe proposed evening ferry service. What makes Tiburon so beautiful is it’s location, but this can be a curse to localbusinesses. Anything that can be done to increase potential diners into town will make ahuge difference. We want Tiburon to be a destination and this is what we need to makethat happen. Thank you, Crystal & Renzo Azzarello TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Directing Staff to work with the General Plan Update Consultant in Developing a Cost and Scope Proposal to Add a Separate Element to the Town’s General Plan Focused on Diversity and Inclusion Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY As recommended by the Diversity and Inclusion Task Force, the Council will consider directing staff to develop a proposed cost and scope proposal for completing the work necessary to add a separate element to the Town’s General Plan focused on issued related to Diversity and Inclusion. RECOMMENDED ACTION(S) 1. Direct staff to develop a proposal for adding a separate element to the Town’s General Plan focused on issues related to diversity and inclusion. BACKGROUND At its meeting of August 11, 2021, the Diversity Inclusion Task Force voted to recommend that the Town Council consider preparation of a separate Diversity Element in the new General Plan. At its September 1, 2021, meeting the Town Council discussed how to incorporate diversity objectives into an update of the General Plan which is at its mid-way point. The Council decided to return the matter to the Task Force for identification of diversity/inclusion issues that should be addressed in the General Plan and to consider examples of how other general plans have incorporated these issues. At the October 13, 2021 meeting of the Town’s Diversity Inclusion Task Force (DITF), the task force members discussed the matter and voted unanimously in recommending the Town add a new, separate element to the Town’s General Plan focused on issues related to Diversity and Inclusion. If directed by Council, staff will work with the Town’s General Plan Update consultant, O’Rourke and Associates, in developing a proposal that would detail the proposed scope and cost for completing that work. Staff will return to Council at a future meeting for Council to consider approving the work. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting October 20, 2021 Agenda Item: AI-5 Town Council Meeting October 20, 2021 TOWN OF TIBURON PAGE 2 OF 2 ANALYSIS No further analysis provided. FINANCIAL IMPACT There is no direct financial impact to the town in directing staff to develop a proposal for adding a new element to the General Plan. The actual cost of adding the new element will be detailed when the item returns to Council for consideration. 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 direct staff to develop a proposal for adding a separate element to the Town’s General Plan focused on issues related to diversity and inclusion. Prepared By: Greg Chanis TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Directing Staff to Develop for Future Council Consideration Options and/or Recommendations for Engaging a Professional Diversity, Equity and Inclusion Consultant to Assess Current Town Employment Practices as They Relate to Diversity, Equity and Inclusion, including the possibility of hiring a Town Diversity, Equity and Inclusion Officer/Employee. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY As recommended by the Diversity Inclusion Task Force, Council will consider directing staff to develop options for future Council consideration regarding retaining the services of professional Diversity and Inclusion consultants to assess and make recommendations with regards to the towns current employment practices as they relate to diversity, equity and inclusion issues, including the possibility of hiring a Town Diversity, Equity and Inclusion Officer/Employee. RECOMMENDED ACTION(S) 1. Direct staff to develop for future Council consideration options and/or recommendations for assessing current Town employment practices as they relate to diversity, equity and inclusion. BACKGROUND At the October 13, 2021 meeting of the Town’s Diversity Inclusion Task Force (DITF), the task force members engaged in a broad discussion regarding the Town’s employment practices. At the conclusion of the discussion, task force members voted to recommend the Town Council consider hiring a professional Diversity, Equity and Inclusion consultant to assess and make recommendations related to the Town’s employment practices related to diversity in Town hiring, recruitment, training and advancement, and consider a Town Diversity Equity and Inclusion Officer/Employee. Staff agrees there would be great value in engaging with an outside expert in assessing existing employment policies, practices and procedures with the goal of aligning these functions with best practices regarding issues related to diversity, equity and inclusion. If directed by Council, staff is prepared to research and assess the various options for effectively engaging in this work and return to Council at a future meeting with options and recommendations for implementation. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting October 20, 2021 Agenda Item: AI-6 Town Council Meeting October 20, 2021 TOWN OF TIBURON PAGE 2 OF 2 ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town for staff to research and develop options for future Council consideration. The cost of implementing any of the possible options is unknown at this time. 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. Direct staff to develop for future Council consideration options and/or recommendations for assessing current Town employment practices as they relate to diversity, equity and inclusion. Prepared By: Greg Chanis, Town Manager