HomeMy WebLinkAboutTC Agd Pkt 2022-08-17
TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920
Tiburon Town Council
August 17, 2022
Special Meeting – 4:15 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/82727749742 Webinar ID: 827 2774 9742
Call-in Number: +1 669 444 9171
Access Code: 827 2774 9742
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 – 4:15 P.M. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan, Mayor Welner CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (2) of subdivision (d) of Government Code section 54956.9: (Two potential cases) 2. 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)
Claim filed by Honeybadger Acquisitions LLC on March 23, 2022 on file with the Town Clerk’s office ADJOURNMENT – to regular meeting REGULAR MEETING – 5:00 P.M. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan, Mayor Welner ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time.
Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit
your comments to three (3) minutes. INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS
• Stefanie Hill, Belvedere-Tiburon Disaster Advisory Council PRESENTATIONS
• Introduction of Talisa Azevedo and Alvin Stephenson (Police Officers) 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. League of California Cities Annual Business Meeting – Appoint voting delegate to represent the Town at the 2022 League of California Cities Annual Business Meeting (Department of Administrative Services) CC-2. Investment Summary – Adopt investment summary for month ending June 30, 2022 (Department of Administrative Services) CC-3. Budget Amendment – Approve Fiscal Year 2022-23 Budget Amendment in the amount of $70,000 to reallocate funding for HVAC equipment installation at 3 Town-owned condominiums (Department of Administrative Services) ACTION ITEMS AI-1. Appointments to Town Boards & Commissions – Consider one appointment to the Belvedere-Tiburon Disaster Advisory Council (Department of Administrative Services) AI-2. Pickleball Use at Teather Park – Consider allowing pickleball as an allowed use at the Point Tiburon/Teather Park tennis courts (Office of the Town Manager/Department of Public Works) DISCUSSION ITEMS DI-1. Park Facilities/Sand Volleyball – Review proposal for construction of sand volleyball courts and discuss the process for identifying and reviewing potential projects related to parks and open space (Office of the Town Manager/Department of Public Works) PUBLIC HEARINGS PH-1. Municipal Code Amendments – Consider amendments to the Tiburon Municipal Code that would add Chapter 10B to the Code to require all entities selling prepared food to use reusable or compostable foodware (Department of Administrative Services) – Introduction and first reading
of ordinance PH-2. Municipal Code Amendments – Consider amendments to the Municipal Code for AB481
compliance (Military Equipment Ordinance) and consider approval of the Military Equipment Use Policy (Police Department) – Introduction and first reading of ordinance 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
Stefanie Hill 06/23/2022
2
31
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.
110 Las Lomas Lane
Tiburon CA 94920
314-322-6649 stefanie.hill@parivedasolutions.com
As a management consultant, I have worked in complex, adaptive systems, employing various
methods and techniques for scenario planning and futures thinking. In a complex problem,
there are so many forces acting together, it's not clear until after the fact which outcomes your
actions will produce, and complexity instead must be managed and discovered through
learning and adaptation. I enjoy exploring the interconnections and interdependencies between
various seemingly siloed challenges in an overall system. feel these are valuable skills I could
bring to the Disaster Council. Such interconnected components in this case may include
resilience, adaptation, fresh water, social and economic considerations (e.g., inequality), food,
connectedness and community, approach to local government, and more. I'm interested in
helping Tiburon proactively plan for a range of scenarios, such that we are well-prepared to act
in the moment when needed.
I am the Managing Vice President for Pariveda’s San Francisco Bay Area market lead
Pariveda’s Futurist team, formed to sense, learn, and adapt to a (VUCA) volatile, uncertain,
complex, ambiguous, and emerging future. I understand that despite our natural human desire
for stability and predictability, we can't actually predict, and therefore I have deliberately
designed my career path as a generalist problem solver, across a variety of domains, focusing
on systems and analytical thinking, building resilient people and teams, problem diagnosis,
solutioning, and leading large, complex projects. In all efforts, I recognize people and their
human needs are at the core. Prior to joining Pariveda, I spent my career with Avanade, a joint
venture between Microsoft and Accenture, where she served in a variety of roles, including
Practice Lead, General Manager Southeast Region, General Manager Northern California,
General Manager Northwest Region, and Client Executive responsible for various Strategic
Accounts.
110 Las Lomas Lane Tiburon, CA 94920 | 314-322-6649 | stefanie.hill@parivedasolutions.com
STEFANIE HILL
SUMMARY Consulting professional with 24 years of enterprise business architecture, strategy, program management,
P&L, operations and people development experience across a breadth of industries and markets helping
clients to realize business value and transform organizations from the inside out.
SKILLS • Recognized delivery lead with successful track record of defining the vision, plan, and leading the
delivery execution of complex, business-critical, full lifecycle projects with globally distributed teams
of 100+ members.
• Successful Regional P&L owner across multiple North America geographies, accountable for $65M in
yearly revenue, delivering between 15% and 40%+ year-over-year growth during 5 years in role,
responsible for sales and marketing, delivery, operations, and talent development
• Client-focused Executive with proven ability to establish and grow a profitable, balanced, annuity
portfolio during 8+ years as an account lead for a global hospitality company, a leading US healthcare
company, and a Fortune 500 retail company
• Demonstrated entrepreneurial and people development abilities evidenced by the establishment of
Avanade’s first Business Analysis, Quality Assurance and Testing Practice in North America
• Established leader in building high-performance and cohesive teams, sought after mentor and coach,
delivering low unmanaged attrition of <10%, high chargeability of 80%+, and consistent positive 3%-
5% sold margin versus delivered margin variances
• Deep business architecture expertise and business acumen, skilled in navigating complex client
political structures, identifying and delivering business value and outcomes and developing long-term,
high value client relationships at the executive level
EXPERIENCE PARIVEDA SOLUTIONS – JULY 2016 TO PRESENT
San Francisco Office Managing Vice President, Futurist
OPERATIONS MANAGEMENT, STRATEGY, AND P&L EXPERIENCE
• P&L responsibility for the San Francisco Bay Area market, responsible for client satisfaction, sales,
revenue, delivery, operations, talent development and profitability for the Region. Accountable for
market strategy, client satisfaction, people development, and offering development, sales and
revenue forecasting, headcount planning and hiring, channel and partner relationships, and local
marketing execution.
• Growing and fostering cross-functional teams including operations, client-facing consultants,
finance, HR, sales and recruiting
• Leading Futurist function for Pariveda, accountable to monitor future trends in economics,
business, society and technology and inform the enterprise of long-term risks and opportunities
AVANADE - MAY 2003 TO JUNE 2016
Client Executive, North America Client Executive Lead, September 2015 to present
Northwest Region General Manager, September 2012 – August 2015
Page | 2 Stefanie Hill
Southeast Region General Manager, Client Delivery Lead, September 2009 – August 2012
Client Executive, Business Analysis Practice Lead July 2007 – August 2012,
Business Architect and Delivery Lead, May 2003 - June 2007
CLIENT AND ACCOUNT MANAGEMENT EXPERIENCE
• Client Executive Lead for North America, responsible for driving capability development,
competency, training and community engagement for 50 Client Executives targeted to deliver >50%
of total North America sales and revenue
• Client Executive/Account Lead for a Fortune 500 retailer, driving strategy and leading delivery for
enterprise-wide Digital Workplace initiative, driving productivity and employee engagement, and
transforming the relationship between the business and IT
• Retail Industry Lead for North America responsible for key partner and alliance relationships,
contributing to retail strategy and offering development, and executive sponsorship of key accounts
and opportunities
• Executive Sponsor and active member of the client account team for strategic regional anchor
accounts, doubling the business year-over-year in one account and growing yearly revenues from
300k to 4M in the second
• Fostered a culture of high-quality delivery, resulting in consistent over-achievement of sold versus
delivered margin, low cost of poor quality, and high client satisfaction
• Responsible for strategy, client communications, deal shape, estimation, pricing, legal and
commercial negotiation, and delivery as the account lead for a global hotelier. Demonstrated
results driving over $60M in sales and $44M in revenue during 5-year tenure in role.
OPERATIONS MANAGEMENT AND P&L EXPERIENCE
• P&L responsibility for two North America geographies over 5 years, responsible for client
satisfaction, sales, revenue, delivery, operations and profitability for the Region. Responsible for
negotiating commercial agreements and contracts. Accountable for sales and revenue forecasting,
headcount planning and hiring, channel and partner relationships, and local marketing execution.
Responsible for recruiting, development and retention of employees within the geography.
• Managed revenues ranging from $25M to $65M, driving year-over-year growth of 15% to 40%+,
consistently exceeding key metrics including profitability, chargeability, retention, and delivered
margin
• Grew and fostered cross-functional teams including operations, client-facing consultants, finance,
HR, sales and recruiting to 150+ employees, consistently limiting unmanaged attrition to <10%
• Led effort to define regional brand identity, marketing strategy and plan, including a strong nurture
program, successfully increasing the awareness of the Avanade brand in the local market
• Re-invigorated partner and alliance relationships, leading to multiple joint client wins and
contributing to receipt of Microsoft’s West Region Alliance Partner of the Year Award for 2015
PEOPLE AND CAPABILITY DEVELOPMENT EXPERIENCE
• Responsible for developing cross-functional teams including sales, delivery, operations, and client
facing delivery to 150+ employees
Page | 3 Stefanie Hill
• Instituted a cross-functional leadership team in consisting of consulting leadership, operations
leadership and sales leadership to foster communication and collaboration regarding regional
strategy and execution as well as expose future leaders to the core operations of the business
• Re-invigorating a challenged sales culture by instituting a team-selling and agile sales methodology
organized around industry-oriented account portfolios
• Built and executed business case for a new practice focused on Business Analysis. Responsible for
strategy, headcount planning, recruiting, hiring, staffing, and talent development
G. A. SULLIVAN – JANUARY 1998 TO MAY 2003
Product Manager, January 1998 – May 2003
• Various roles spanning Solution Developer, Data Architect, Business Analyst/Product Manager, and
Project Manager for engagements across a breadth of industries and customers.
• Led the analysis and requirements phases of projects across various industries, assisting our clients
in ensuring operational readiness, reducing risk, and identifying areas for improving alignment of
technology with their business vision and objectives.
EDUCATION B.S. Systems Science and Engineering, Washington University, St. Louis, Missouri
B.A. Mathematics, University of Puget Sound, Tacoma, Washington
Client Executive Education, UCLA Anderson School of Management
OUTSIDE
INTERESTS
• Classical pianist
• Avid adventure traveler of the world
• Reader, amateur chef, aspiring sommelier
• Volunteer, Marin Villages
From:Sanna Thomas
To:Jon Welner; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier
Cc:Shirley Huang; Greg Chanis; Dina Tasini; Lea Dilena; Lea Dilena; David Moller; Jane Gould; Suzanne Mellen;
Peter Glenn; Pat Goss; Pat Carlone
Subject:Comments for the open Public Comment/Oral Communications of the August 17th Town Council Meeting
Date:Wednesday, August 17, 2022 2:31:40 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.
RE: Civil Grand Jury’s findings and recommendations re. electrifying buildings
Dear Mayor Welner, Vice-Mayor Ryan and Council Members Fredericks, Griffin and Thier,
I am writing you again as a founding member of the Tiburon Climate Action Committee to ask
that the Town respond positively to the findings and recommendations of the Marin County
Civil Grand Jury’s June 6th report, entitled, “Electrifying Marin’s Buildings: A County-Wide
Approach. This very timely report addresses a) the crucial role that building electrification
plays in reducing Marin’s GHG emissions and in improving the health and safety of its
residents, and b) proposed “reach” codes that would eliminate natural gas connections in new
construction and increase energy efficiency in renovations. Among other things, the report
recommends that all Marin jurisdictions adopt a reach code banning natural gas connections
in newly constructed buildings and replace outdated or non-functioning gas appliances and
equipment in existing structures with non-emitting alternatives such as high-efficiency electric
heat pumps.
It also calls for collaboration with MCEP on the development of a “comprehensive Countywide
Building Electrification Plan…. [that would] identify those strategies, programs and concrete
actions necessary to bring about an equitable, prompt, and material acceleration of building
electrification throughout the county.” Since all of this is in keeping with the proposed 2022
update of our Climate Action Plan, we ask that you respond favorably to the findings and
recommendations of the Civil Grand Jury report by its deadline of September 6th, by stating:
a) that Tiburon’s proposed 2022 Climate Action Plan update includes commitments to
take such actions,
b) that Tiburon is participating with the other Marin jurisdictions in developing a
model reach code requiring all new buildings be all-electric, and
c) that Tiburon intends to adopt the model reach code once it is completed, with an
effective date of January 1, 2023, along with the other Marin jurisdictions.
Along with Marin County's collaborative initiative to update its Green Building code and to
develop a model ordinance collaborative initiative to update its Green Building code and
develop a model ordinance, the County's June 6th Grand Jury report underlines the pressing
need to address our climate change emergency through building electrification --- now,
through bans on natural gas connections and end uses in new construction and eventually,
through electrifying our existing building stock. To the extent that these kinds of concepts and
commitments can also be included in the updated Housing Element of the General Plan, we
recommend that as well.
Thank you very much for your consideration.
Sincerely,
Sanna Thomas, Ed.D
--
Sanna Randolph Thomas, Ed.D
415-497-3192 (cell)
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Confirm Voting Delegate Appointment to the League of California Cities Annual Business Meeting
Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY The Council will consider appointing a voting delegate to the League of California Cities Annual Business Meeting. RECOMMENDED ACTION(S) 1. Confirm proposed representation of the Town at the Annual Business Meeting of the League of California Cities by adoption of this item on the Consent Calendar; or 2. Pull the item from the Consent Calendar to consider appointing other representation.
BACKGROUND
The League of California Cities Annual Conference is scheduled for September 7-9, 2022. To vote on matters at the Annual Business Meeting, the Town Council must appoint a voting delegate. The Town’s delegate, along with the representatives from other cities, will take action on resolutions that establish League policy. According to the League’s bylaws, a city may appoint
a voting delegate and up to two alternates.
Councilmember Fredericks has served as voting delegate in previous years. Councilmember Fredericks is planning to attend the conference this year and is willing to serve as the Council’s voting delegate.
The appointment of Councilmember Fredericks as voting delegate be adopted on the Consent Calendar if the Council wishes to do so. If the Council wishes to consider appointing another member as delegate, or appointing up to two alternates, the item should be pulled from the
Consent calendar for further discussion and action. Whoever is chosen as the Town’s voting
delegate must be able to attend the Annual Business Meeting scheduled for Friday, September 9. ANALYSIS
No further analysis provided.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting August 17, 2022
Agenda Item: CC-1
Town Council Meeting August 17, 2022
TOWN OF TIBURON PAGE 2 OF 2
FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town.
CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to
constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines
Section 15061 (b)(3). RECOMMENDATION
Staff recommends that the Town Council:
1. Confirm proposed representation of the Town at the Annual Business Meeting of the League of California Cities by adoption of this item on the Consent Calendar; or 2. Pull the item from the Consent Calendar to consider appointing other representation. Exhibits: 1. Voting Delegate Packet Prepared By: Lea Stefani, Town Clerk
EXHIBIT 1
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
DATE: June 1, 2022
TO: City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference & Expo – September 7-9, 2022
Cal Cities 2022 Annual Conference & Expo is scheduled for September 7-9, 2022 in Long
Beach. An important part of the Annual Conference is the Annual Business Meeting
(during General Assembly) on Friday, September 9. At this meeting, Cal Cities
membership considers and acts on resolutions that establish Cal Cities policy.
In order to vote at the Annual Business Meeting, your city council must designate a
voting delegate. Your city may also appoint up to two alternate voting delegates, one
of whom may vote if the designated voting delegate is unable to serve in that
capacity.
Please complete the attached Voting Delegate form and return it to Cal Cities office no later than Friday, September 2. This will allow us time to establish voting delegate/alternate records prior to the conference.
Please view Cal Cities’ event and meeting policy in advance of the conference.
•Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting
delegate and up to two alternates must be designated by the city council.When completing the attached Voting Delegate form, please attach either a
copy of the council resolution that reflects the council action taken, or have yourcity clerk or mayor sign the form affirming that the names provided are those
selected by the city council. Please note that designating the voting delegateand alternates must be done by city council action and cannot be
accomplished by individual action of the mayor or city manager alone.
•Conference Registration Required. The voting delegate and alternates must be
registered to attend the conference. They need not register for the entire
conference; they may register for Friday only. Conference registration will open
by June 1 on the Cal Cities website. In order to cast a vote, at least one voter
must be present at the Business Meeting and in possession of the voting delegate
card. Voting delegates and alternates need to pick up their conference
badges before signing in and picking up the voting delegate card at the Voting
Delegate Desk. This will enable them to receive the special sticker on their name
badges that will admit them into the voting area during the Business Meeting.
Council Action Advised by August 31, 2022
• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting
delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting
delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official.
• Seating Protocol during General Assembly. At the Business Meeting, individuals
with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as
a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special
sticker on their badges.
The Voting Delegate Desk, located in the conference registration area of the Long
Beach Convention Center, will be open at the following times: Wednesday, September
7, 8:00 a.m. – 6:00 p.m.; Thursday, September 8, 7:00 a.m. – 4:00 p.m.; and Friday,
September 9, 7:30 a.m.–12:30 p.m. The Voting Delegate Desk will also be open at the
Business Meeting on Friday, but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the
individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and
returning it to Cal Cities office by Friday, September 2. If you have questions, please call
Darla Yacub at (916) 658-8254.
Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
Annual Conference Voting Procedures
1. One City One Vote. Each member city has a right to cast one vote on
matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Annual Conference,
each city council may designate a voting delegate and up to two
alternates; these individuals are identified on the Voting Delegate Form
provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or
alternates, may pick up the city's voting card at the Voting Delegate Desk in
the conference registration area. Voting delegates and alternates must
sign in at the Voting Delegate Desk. Here they will receive a special sticker
on their name badge and thus be admitted to the voting area at the
Business Meeting.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting
delegates (or alternates), and who have picked up their city’s voting card
by providing a signature to the Credentials Committee at the Voting
Delegate Desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the
city's voting card and be registered with the Credentials Committee. The
voting card may be transferred freely between the voting delegate and
alternates, but may not be transferred to another city official who is neither
a voting delegate or alternate.
6. Voting Area at Business Meeting. At the Business Meeting, individuals with a
voting card will sit in a designated area. Admission will be limited to those
individuals with a special sticker on their name badge identifying them as a
voting delegate or alternate.
7. Resolving Disputes. In case of dispute, the Credentials Committee will
determine the validity of signatures on petitioned resolutions and the right of
a city official to vote at the Business Meeting.
CITY:________________________________________
2022 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to Cal Cities office by Friday, September 2,
2022. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.
To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates
must be designated by your city council. Please attach the council resolution as proof of
designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the
designation reflects the action taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the Annual
Business Meeting. Admission to this designated area will be limited to individuals (voting
delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk.
1. VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE
Name: Name:
Title: Title:
ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to
designate the voting delegate and alternate(s).
Name: ____________________________________ Email_________________________________
Mayor or City Clerk_________________________ Date____________ Phone________________
(circle one) (signature) Please complete and return by Friday, September 2, 2022 to:
Darla Yacub, Assistant to the Administrative Services Director
E-mail: dyacub@calcities.org; Phone: (916) 658-8254
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Recommendation to Accept the June 2022 Investment Summary
Reviewed By:
_________
Greg Chanis, Town Manager
n/a ________
Benjamin Stock, Town Attorney
SUMMARY Staff provides the Town Council a monthly report on the Town’s investment activity. This report is for the month ended June 30, 2022. RECOMMENDED ACTION(S) 1. Staff recommends that the Town Council move to accept the Investment Summary for June 2022
BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with
a report regarding the Town’s investment activities for the monthly period ended June 30, 2022.
All of the funds listed below are on deposit with the Local Agency Investment Fund (LAIF). ANALYSIS
June 2022
Agency Investment Amount Interest Rate Maturity Local Agency Investment Fund (LAIF) –
Beginning Balance as of 06/01/2022 $26,982,879.05 0.861 % Liquid
Deposits 0.00
Withdrawals 0.00
Interest Earnings (Posted Quarterly) 0.00
Total Ending Balance as of 06/30/2022 $26,982,879.05
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting August 17, 2022
Agenda Item: CC- 2
Town Council Meeting August 17, 2022
TOWN OF TIBURON PAGE 2 OF 2
The total invested at the end of the prior month was $26,982,879.05. No transactions were made during the reporting period. Interest is posted by LAIF quarterly and will be reported on the July 2022 statement.
In addition to the funds on deposit with LAIF, the Town invests funds in two Section 115 Irrevocable Trusts for Other Post-Employment Benefits and pension obligations. These trusts are administered by Public Agency Retirement Services (PARS). The PARS June 2022 Statement is attached to this report as Exhibit 1.
The PARS FY 2020-21 Fiscal Year summary covering the period 7/1/2021 to 6/30/2022 is attached as Exhibit 2. FINANCIAL IMPACT
No financial impact occurs by accepting this report. The Town continues to meet the priority principles of investing – safety, liquidity and yield in this respective order. CLIMATE IMPACT
Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this item is statutorily exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3).
RECOMMENDATION Staff recommends that the Town Council:
1. Move to accept the Investment Summary for June 2022
Exhibit(s):
1. PARS Section 115 Trust Account Summary for June 2022 2. PARS Section 115 Trust Account Summary for Fiscal Year 2021-22 Prepared By: Suzanne Creekmore, Director of Administrative Services
EXHIBIT 1
EXHIBIT 2
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Recommendation to Amend the Adopted FY22-23 Municipal Budget to Fund the Installation of New HVAC Equipment on Three Town Owned
Condominiums Within the Point Tiburon Marsh Condominium Complex. Reviewed By: _________ Greg Chanis, Town Manager
________ Benjamin Stock, Town Attorney
SUMMARY The installation of HVAC systems at 2, 4, and 6 Marsh Road was approved in the FY 22 Municipal
Budget as a capital improvement project. Due to several factors, the project was not constructed during the approved budget cycle. This budget amendment will re-allocate funding for the project in FY22-23 and reflects an increase in project cost due to additional previously unforeseen expenses related to
installation of roof-mounted equipment. RECOMMENDED ACTION(S)
Staff recommends the Town Council: 1. Move to approve a Fiscal Year 2022-23 Budget Amendment in the amount of $70,000 for the installation of HVAC equipment at 3 Town-owned condominiums, with the source of funds being the Town Owned Housing Units Reserve Fund.
BACKGROUND The Fiscal Year 2021-22 Capital Improvement Program (FY year ended 6/30/22) included
$60,000 in funding for a project to install new HVAC equipment at 3 Town-owned
condominiums in the Point Tiburon Marsh Condominium complex. Supply chain delays and
delays related to obtaining final approval from the Marsh Condominiums Homeowners
Association (HOA) precluded the project from moving forward during the FY 22 budget cycle.
Staff is now prepared to move forward with the project, however, additional conditions of
approval imposed by the HOA during their review process will require additional steps be taken
by the Town in regards to installation of roof mounted equipment. This additional work requires
engaging a licensed roofer and additional resealing of the roof membrane, a previously
unforeseen cost estimated at an additional $10,000.00. The total project cost is now estimated at
$70,000.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting August 17, 2022
Agenda Item: CC-3
Town Council Meeting August 17, 2022
TOWN OF TIBURON PAGE 2 OF 2
The below market rate (BMR) condos owned by the Town were initially constructed with a radiant heat panel system installed behind the drywall in the ceiling. Many, if not all of these systems do not function at all, leaving condos owned by the Town without a reliable source of heat. Repair of these systems has been unsuccessfully attempted several times by a licensed
heating, ventilation, and air conditioning (HVAC) contractor. Replacement has been deemed
unfeasible because of the location of the original equipment and obsolescence of the technology. ANALYSIS
No further analysis is provided.
FINANCIAL IMPACT As noted above, Town Council funded this project in the FY 22 CIP in the amount of $60,000,
with the source of funds being The Town Owned Housing Units Reserve Fund. As the project
did not move forward, these funds were never expended. Council is now being asked to reallocate funding for this project through approval of a FY 23 Budget Amendment in the amount of $70,000 with the source of funds to be the Town Owned
Housing Units Reserve Fund.
CLIMATE IMPACT The proposed project would utilize all-electric heat pump technology, and is consistent with the
goals contained in the Town’s Climate Action Plan with regards to reductions in GhG emissions. ENVIRONMENTAL REVIEW Staff has reviewed the Project to determine the required level of review under CEQA. This
Project is exempt under CEQA Categorical Exemption Class 1, 15301(a) and (d) – Existing
Facilities as it involves making repairs and alterations to electrical and mechanical equipment within existing facilities. RECOMMENDATION
Staff recommends the Town Council 1. Move to approve a Fiscal Year 2022-23 Budget Amendment in the amount of $70,000
for the installation of HVAC equipment at 3 town owned condominiums, with the
source of funds being the Town Owned Housing Units Reserve Fund.
Prepared By: Patrick Kerslake, Superintendent of Public Works Greg Chanis, Town Manager
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 Belvedere-Tiburon Joint Disaster Advisory Council
Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY The Council will consider making one appointment to the Belvedere-Tiburon Joint Disaster Advisory Council. RECOMMENDED ACTION(S) 1. Make one appointment to the Belvedere-Tiburon Joint Disaster Advisory Council; or 2. Continue the item and direct staff to continue to accept applications for the open seat.
BACKGROUND
The Belvedere-Tiburon Joint Disaster Advisory Council has had one vacancy since 6/1/2022
when Christopher Murphy submitted his resignation from the Council. The vacancy was advertised according to regular appointments procedure. The application period closed on 6/30/2022. Staff received one application for the position and the Council has
interviewed the only candidate: Stefanie Hill. Ms. Hill’s application is attached as Exhibit 1.
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 August 17, 2022
Agenda Item: AI-1
Town Council Meeting August 17, 2022
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. Make one appointment to the Belvedere-Tiburon Joint Recreation Committee; or 2. Continue the item and direct staff to continue to accept applications for the open seat. Exhibit(s): 1. Stefanie Hill Application Prepared By: Lea Stefani, Town Clerk
EXHIBIT 1
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
Stefanie Hill 06/23/2022
2
31
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.
110 Las Lomas Lane
Tiburon CA 94920
314-322-6649 stefanie.hill@parivedasolutions.com
As a management consultant, I have worked in complex, adaptive systems, employing various
methods and techniques for scenario planning and futures thinking. In a complex problem,
there are so many forces acting together, it's not clear until after the fact which outcomes your
actions will produce, and complexity instead must be managed and discovered through
learning and adaptation. I enjoy exploring the interconnections and interdependencies between
various seemingly siloed challenges in an overall system. feel these are valuable skills I could
bring to the Disaster Council. Such interconnected components in this case may include
resilience, adaptation, fresh water, social and economic considerations (e.g., inequality), food,
connectedness and community, approach to local government, and more. I'm interested in
helping Tiburon proactively plan for a range of scenarios, such that we are well-prepared to act
in the moment when needed.
I am the Managing Vice President for Pariveda’s San Francisco Bay Area market lead
Pariveda’s Futurist team, formed to sense, learn, and adapt to a (VUCA) volatile, uncertain,
complex, ambiguous, and emerging future. I understand that despite our natural human desire
for stability and predictability, we can't actually predict, and therefore I have deliberately
designed my career path as a generalist problem solver, across a variety of domains, focusing
on systems and analytical thinking, building resilient people and teams, problem diagnosis,
solutioning, and leading large, complex projects. In all efforts, I recognize people and their
human needs are at the core. Prior to joining Pariveda, I spent my career with Avanade, a joint
venture between Microsoft and Accenture, where she served in a variety of roles, including
Practice Lead, General Manager Southeast Region, General Manager Northern California,
General Manager Northwest Region, and Client Executive responsible for various Strategic
Accounts.
110 Las Lomas Lane Tiburon, CA 94920 | 314-322-6649 | stefanie.hill@parivedasolutions.com
STEFANIE HILL
SUMMARY Consulting professional with 24 years of enterprise business architecture, strategy, program management,
P&L, operations and people development experience across a breadth of industries and markets helping
clients to realize business value and transform organizations from the inside out.
SKILLS • Recognized delivery lead with successful track record of defining the vision, plan, and leading the
delivery execution of complex, business-critical, full lifecycle projects with globally distributed teams
of 100+ members.
• Successful Regional P&L owner across multiple North America geographies, accountable for $65M in
yearly revenue, delivering between 15% and 40%+ year-over-year growth during 5 years in role,
responsible for sales and marketing, delivery, operations, and talent development
• Client-focused Executive with proven ability to establish and grow a profitable, balanced, annuity
portfolio during 8+ years as an account lead for a global hospitality company, a leading US healthcare
company, and a Fortune 500 retail company
• Demonstrated entrepreneurial and people development abilities evidenced by the establishment of
Avanade’s first Business Analysis, Quality Assurance and Testing Practice in North America
• Established leader in building high-performance and cohesive teams, sought after mentor and coach,
delivering low unmanaged attrition of <10%, high chargeability of 80%+, and consistent positive 3%-
5% sold margin versus delivered margin variances
• Deep business architecture expertise and business acumen, skilled in navigating complex client
political structures, identifying and delivering business value and outcomes and developing long-term,
high value client relationships at the executive level
EXPERIENCE PARIVEDA SOLUTIONS – JULY 2016 TO PRESENT
San Francisco Office Managing Vice President, Futurist
OPERATIONS MANAGEMENT, STRATEGY, AND P&L EXPERIENCE
• P&L responsibility for the San Francisco Bay Area market, responsible for client satisfaction, sales,
revenue, delivery, operations, talent development and profitability for the Region. Accountable for
market strategy, client satisfaction, people development, and offering development, sales and
revenue forecasting, headcount planning and hiring, channel and partner relationships, and local
marketing execution.
• Growing and fostering cross-functional teams including operations, client-facing consultants,
finance, HR, sales and recruiting
• Leading Futurist function for Pariveda, accountable to monitor future trends in economics,
business, society and technology and inform the enterprise of long-term risks and opportunities
AVANADE - MAY 2003 TO JUNE 2016
Client Executive, North America Client Executive Lead, September 2015 to present
Northwest Region General Manager, September 2012 – August 2015
Page | 2 Stefanie Hill
Southeast Region General Manager, Client Delivery Lead, September 2009 – August 2012
Client Executive, Business Analysis Practice Lead July 2007 – August 2012,
Business Architect and Delivery Lead, May 2003 - June 2007
CLIENT AND ACCOUNT MANAGEMENT EXPERIENCE
• Client Executive Lead for North America, responsible for driving capability development,
competency, training and community engagement for 50 Client Executives targeted to deliver >50%
of total North America sales and revenue
• Client Executive/Account Lead for a Fortune 500 retailer, driving strategy and leading delivery for
enterprise-wide Digital Workplace initiative, driving productivity and employee engagement, and
transforming the relationship between the business and IT
• Retail Industry Lead for North America responsible for key partner and alliance relationships,
contributing to retail strategy and offering development, and executive sponsorship of key accounts
and opportunities
• Executive Sponsor and active member of the client account team for strategic regional anchor
accounts, doubling the business year-over-year in one account and growing yearly revenues from
300k to 4M in the second
• Fostered a culture of high-quality delivery, resulting in consistent over-achievement of sold versus
delivered margin, low cost of poor quality, and high client satisfaction
• Responsible for strategy, client communications, deal shape, estimation, pricing, legal and
commercial negotiation, and delivery as the account lead for a global hotelier. Demonstrated
results driving over $60M in sales and $44M in revenue during 5-year tenure in role.
OPERATIONS MANAGEMENT AND P&L EXPERIENCE
• P&L responsibility for two North America geographies over 5 years, responsible for client
satisfaction, sales, revenue, delivery, operations and profitability for the Region. Responsible for
negotiating commercial agreements and contracts. Accountable for sales and revenue forecasting,
headcount planning and hiring, channel and partner relationships, and local marketing execution.
Responsible for recruiting, development and retention of employees within the geography.
• Managed revenues ranging from $25M to $65M, driving year-over-year growth of 15% to 40%+,
consistently exceeding key metrics including profitability, chargeability, retention, and delivered
margin
• Grew and fostered cross-functional teams including operations, client-facing consultants, finance,
HR, sales and recruiting to 150+ employees, consistently limiting unmanaged attrition to <10%
• Led effort to define regional brand identity, marketing strategy and plan, including a strong nurture
program, successfully increasing the awareness of the Avanade brand in the local market
• Re-invigorated partner and alliance relationships, leading to multiple joint client wins and
contributing to receipt of Microsoft’s West Region Alliance Partner of the Year Award for 2015
PEOPLE AND CAPABILITY DEVELOPMENT EXPERIENCE
• Responsible for developing cross-functional teams including sales, delivery, operations, and client
facing delivery to 150+ employees
Page | 3 Stefanie Hill
• Instituted a cross-functional leadership team in consisting of consulting leadership, operations
leadership and sales leadership to foster communication and collaboration regarding regional
strategy and execution as well as expose future leaders to the core operations of the business
• Re-invigorating a challenged sales culture by instituting a team-selling and agile sales methodology
organized around industry-oriented account portfolios
• Built and executed business case for a new practice focused on Business Analysis. Responsible for
strategy, headcount planning, recruiting, hiring, staffing, and talent development
G. A. SULLIVAN – JANUARY 1998 TO MAY 2003
Product Manager, January 1998 – May 2003
• Various roles spanning Solution Developer, Data Architect, Business Analyst/Product Manager, and
Project Manager for engagements across a breadth of industries and customers.
• Led the analysis and requirements phases of projects across various industries, assisting our clients
in ensuring operational readiness, reducing risk, and identifying areas for improving alignment of
technology with their business vision and objectives.
EDUCATION B.S. Systems Science and Engineering, Washington University, St. Louis, Missouri
B.A. Mathematics, University of Puget Sound, Tacoma, Washington
Client Executive Education, UCLA Anderson School of Management
OUTSIDE
INTERESTS
• Classical pianist
• Avid adventure traveler of the world
• Reader, amateur chef, aspiring sommelier
• Volunteer, Marin Villages
TOWN OF TIBURON PAGE 1 OF 5
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Consider Recommendation from Parks, Open Space and Trails Commission to Allow Pickleball to be Played on a Trial Basis at the Town-Owned Point Tiburon/Teather Park Tennis Courts Located on Beach Road
Reviewed By:
_________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY The Council will be considering a recommendation made by the Parks, Open Space and Trails Commission to allow pickleball to be played on a trial basis at Town-owned tennis courts known as the Point Tiburon/Teather Park courts, located on Beach Road. RECOMMENDED ACTION(S) Staff recommends the Town Council receive the staff report, and any public comment, and: 1. Approve pickleball as an allowed use, with any conditions Council deems appropriate, at the Town-owned tennis courts known as the Point Tiburon/Teather Park courts located on Beach Road, and direct staff to include pickleball as an allowed use in a Use and Maintenance Agreement currently being drafted for future Council consideration; or
2. Reject pickleball as an allowed use at the Town-owned tennis courts known as Point Tiburon/Teather Park located on Beach Road; or 3. If Council is not prepared to decide the matter, direct staff as to what additional information is
needed for Council to reconsider the matter in the future.
BACKGROUND The Belvedere-Tiburon Joint Recreation Committee, hereinafter referred to as The Ranch,
provides diverse recreation programming for the Town of Tiburon (Town) and City of Belvedere
(City) through a Joint Powers Agreement first formed by the two municipalities in 1975. The Ranch operates out of a Town owned facility located at 600 Ned’s Way, but provides programming in a variety of locations, including Tiburon Town Hall and the Belvedere Community Center. Additionally, The Ranch manages tennis court use at courts owned by the
Town, City and Reed Union School District, including the Town-owned tennis courts known as
the Point Tiburon/Teather Park Courts located on Beach Road. At the September 21, 2021 Parks, Open Space, and Trails (POST) Commission meeting, the Commission members heard a presentation by Ranch Staff, which included information on
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting August 17, 2022
Agenda Item: AI-2
Town Council Meeting August 17, 2022
TOWN OF TIBURON PAGE 2 OF 5
feedback The Ranch has received from numerous residents seeking more locations to play Pickleball. The Town owns one tennis court site known as Point Tiburon/Teather Park courts. At the
September 21 meeting, the Commission discussed the possibility of equipping one of the Point
Tiburon/Teather Park courts for pickleball use. The site includes 2 tennis courts, with a map showing the location of the courts attached as Exhibit 1. No action on the matter was taken at the September 21 meeting, however, the Commissioners
asked to have the matter placed on a future agenda. Additionally, they requested from Ranch staff
information on any noise complaints for pickleball courts at Tom Price Park (Belvedere), Belvedere Tennis Club (Private) and Tiburon Peninsula Club (Private), and what was done to mitigate sound. With regards to pickleball activity at the Tiburon Peninsula Club (TPC), and as a result of a complaint from residents, staff is currently working with TPC representatives to assess
the compatibility of that use with the existing Conditional Use Permit for the TPC property.
The POST Commission discussed the matter again at their November meeting, at which staff from The Ranch provided the following information to the Commission:
• Tiburon Peninsula Club shifted to “quiet paddles” and requires that equipment be checked out from the front desk to use the courts.
• The Tiburon Peninsula Club reported less noise complaints with the implementation of Quiet Paddles.
• The City of Belvedere tried to switch to quiet paddles but due to an inability to enforce their use, have reverted to regular equipment use. No formal action was taken at the November meeting, however, the POST Commission asked
staff to conduct a noise study and return to POST once the study is completed to discuss possible action. Staff contacted Bob Unetich, founder of GigaHertz LLC, to conduct a pickleball sound study. Mr. Unetich is a registered professional engineer, and a USA Pickleball Certified Referee who
has worked in radio wave propagation for over 40 years. His work involves careful analysis of work done by acoustics engineers looking at solving pickleball sound problems and at methods of reducing the level of annoyance experienced by neighbors of pickleball courts. At the March 15, 2022 POST Meeting, Mr. Unetich presented his findings to the Commission. A
copy of the Sound Report is attached as Exhibit 2. Mr. Unetich will be attending the August 17 Council meeting and will be available to take questions. A copy of the agenda material from the March 15 meeting, including all the public comment received by POST, is attached as Exhibit 3 (staff notes the Sound Report (Exhibit 2) is
duplicated in Exhibit 3). Also, please find below a link to a recording of the March 15 POST meeting. https://townoftiburon.granicus.com/MediaPlayer.php?view_id=5&clip_id=796
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TOWN OF TIBURON PAGE 3 OF 5
At the conclusion of this item at the March 15 meeting, Commission members voted “To recommend to Town Council to support pickleball courts on a temporary trial basis at Point Tiburon/Teather Park with the inclusion of sound mitigation measures to ensure a successful study”.
As noted above, The Ranch manages use of the Point Tiburon/Teather Park courts and has done so since 1978. However, there has never been a written agreement between the Town and The Ranch memorializing this arrangement. Staff is in the process of developing a draft Use and Maintenance Agreement for the courts, which staff will bring to Council for consideration at a
future meeting and will include a section defining the ‘allowed uses’ of the facility.
Today, the Council is being asked to consider pickleball as an allowed use. If the Council chooses to authorize the use, that decision, including any restrictions/conditions approved by Council, will be integrated into the draft agreement prior to bringing it back to Council for
approval.
Staff received a number of comments on this item prior to the posting of the agenda, which are attached as Exhibit 4. Any correspondence received after the posting of the agenda will be treated as Late Mail and distributed to Council per regular procedures.
ANALYSIS The vast majority of concerns raised regarding pickleball use relate to potential negative sound impacts. These impacts can vary widely depending on a variety of factors including: time and
frequency of play, player age and ability, geography, vegetative cover, and others. The Sound
Report (Exhibit 2) provides detailed information regarding expected sound impacts from Pickeball being played specifically at the Point Tiburon/Teather Park courts. The Executive Summary of the Sound Report provides an overview of these issues, including
identifying potential opportunities and challenges with regards to mitigating expected negative
sound impacts. The entire Executive Summary reads as follows: This park now has two tennis courts. Converting one of these courts into two pickleball courts will produce higher sound levels than tennis. In addition, the sound of a pickleball hit has a
higher pitch or tone than tennis and this “pop” sound is considered more annoying to people
than the “thud” of a tennis ball hit. There are residential units within 250 feet of the planned pickleball court and some residents will be able to hear the sounds. The closest homes are within 200 feet and on an elevated area
to the North and NE.
The homes to the NE are about 60 feet higher in elevation. There is limited vegetation present on the hillside between the homes and the courts. One of those structures is a multi-unit building while other buildings to the North appear to be single family homes. The probability is
that there will frequently be sound levels above 60 dBA and some pickleball sound levels will
extend above 70 dBA at the residences to the North. Placing a barrier in a location to block the line-of-sight path would be difficult and expensive because of the elevation difference. This
Town Council Meeting August 17, 2022
TOWN OF TIBURON PAGE 4 OF 5
predicted sound level will be about two or three times as loud as the nominal average background noise level although the actual background noise level is unknown. The condos to the NW and the SE, a little over 200 feet away, are on a similar elevation and
they are oriented in such a manner as to reduce the impact on the main outside living areas
behind these units. Sound levels at 200 feet will frequently exceed 60 dBA. It can be argued that these typical sound levels are often exceeded by other sound generating devices such as car horns, leaf blowers and lawn mowers. The reality is that most other sound sources are intermittent annoyances while it is common for pickleball courts to be full of players from sun
up until sun down and later if lighting is available.
This is a public park and controlling the types of paddles and balls used on the pickleball courts, a common sound mitigation technique in gated communities, is not likely to be possible. The age range of pickleball players is very wide and there will be players using these courts
with high agility and strength capable of high velocity ball strikes.
There is no established standard for an acceptable pickleball sound level that would apply to all communities. Background noise varies widely and this could be measured at this site. It is also possible to simulate the sound of hard pickleball hits in order to survey nearby residents
about the likely impact of regular play. If it is decided to enable pickleball play on this court,
the most effective sound mitigation method may be restricting the hours of play. Staff notes that in the first sentence of the Executive Summary, a reference is made to converting one tennis court into two pickleball courts. Ranch staff has advised that, although one tennis
court can accommodate 2 pickleball courts, if approved by Council, the plan would be to only
provide for one pickleball court available for use at the Point Tiburon/Teather Park location. With regards to options for addressing sound concerns, the Sound Report identifies three common sound mitigation techniques, and provides additional detail as to the applicability of
each option to our situation.
1. Require the use of quiet gear and enforce this requirement. 2. Install sound barriers that block the line-of-site. 3. Restrict the hours of play.
If the Council chooses to allow pickleball at the Point Tiburon/Teather Park courts, they may also consider requiring one or more of the above strategies as a condition of use. The Ranch currently coordinates both tennis and pickleball use at the Lagoon Road courts in Belvedere. Attached as Exhibit 4 are the current policies/rules The Ranch has in place for both tennis and pickleball. At
the top of Page 4 of Exhibit 4, staff notes pickleball play is limited to the hours of 9am-6pm,
while tennis can be played sunrise to sunset. As mentioned above, Mr. Unetich from GigaHertz LLC will be attending the August 17 meeting, and will be available for questions. In addition, Jessica Hotchkiss, Recreation Director at The
Ranch, will also be attending the meeting and will be available for questions.
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TOWN OF TIBURON PAGE 5 OF 5
FINANCIAL IMPACT The cost of outfitting a tennis court for Pickleball use is relatively small as the only modifications required are restriping and the purchase of portable nets. If approved by Council, The Ranch has agreed to cover this cost.
If, as a condition of approval, the Council requires installation of sound barriers, staff estimates there would be an additional cost of approximately $5,000 for one court. This cost would be covered by the Town. If required, staff would fund the purchase out of the current year’s (FY 23) Operating Budget.
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. Approve pickleball as an allowed use, with any conditions Council deems appropriate, at
the Town-owned tennis courts known as the Point Tiburon/Teather Park courts located on
Beach Road, and direct staff to include pickleball as an allowed use in a Maintenance and Use Agreement currently being drafted for future Council consideration; or 2. Reject pickleball as an allowed use at the town owned tennis courts located at Teather Park on Beach Road; or 3. If Council is not prepared to decide the matter, direct staff as to what additional information is needed for Council to re consider the matter in the future. Exhibit(s): 1. Point Tiburon/Teather Park location map 2. GigaHertz LLC Sound Study 3. March 15, 2022 POST Meeting agenda material 4. Ranch Court Information Packet 5. Correspondence received prior to agenda posting Prepared By: Greg Chanis, Town Manager David Eshoo, Engineering Manager
Exhibit 1
Tennis Courts CVS Store
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
Expected Pickleball Sound Levels
at Teather Park on Beach Road in Tiburon, CA
and a Review of Existing Regulations and Possible Sound Mitigation Options
Executive Summary
This park now has two tennis courts. Converting one of these courts into two pickleball courts will
produce higher sound levels than tennis. In addition, the sound of a pickleball hit has a higher pitch or
tone than tennis and this “pop” sound is considered more annoying to people than the “thud” of a
tennis ball hit.
There are residential units within 250 feet of the planned pickleball court and some residents will be
able to hear the sounds. The closest homes are within 200 feet and on an elevated area to the North
and NE.
The homes to the NE are about 60 feet higher in elevation. There is limited vegetation present on the
hillside between the homes and the courts. One of those structures is a multi-unit building while other
buildings to the North appear to be single family homes. The probability is that there will frequently be
sound levels above 60 dBA and some pickleball sound levels will extend above 70 dBA at the
residences to the North. Placing a barrier in a location to block the line-of-sight path would be
difficult and expensive because of the elevation difference. This predicted sound level will be about
two or three times as loud as the nominal average background noise level although the actual
background noise level is unknown.
The condos to the NW and the SE, a little over 200 feet away, are on a similar elevation and they are
oriented in such a manner as to reduce the impact on the main outside living areas behind these units.
Sound levels at 200 feet will frequently exceed 60 dBA.
It can be argued that these typical sound levels are often exceeded by other sound generating devices
such as car horns, leaf blowers and lawn mowers. The reality is that most other sound sources are
intermittent annoyances while it is common for pickleball courts to be full of players from sun up until
sun down and later if lighting is available.
This is a public park and controlling the types of paddles and balls used on the pickleball courts, a
common sound mitigation technique in gated communities, is not likely to be possible. The age range
of pickleball players is very wide and there will be players using these courts with high agility and
strength capable of high velocity ball strikes.
There is no established standard for an acceptable pickleball sound level that would apply to all
communities. Background noise varies widely and this could be measured at this site. It is also
possible to simulate the sound of hard pickleball hits in order to survey nearby residents about the
likely impact of regular play. If it is decided to enable pickleball play on this court, the most effective
sound mitigation method may be restricting the hours of play.
Site Description
This drawing of the site was supplied:
A Google Earth view of the Teather Park community allows us to measure distances to nearby
residential units and businesses.
It also provides elevation information. The elevation of the nearby condos is similar to the tennis
courts but there is a hill to the North that has homes overlooking the courts. These properties are
about 60 ft above the courts, making a sound barrier near the tennis courts useless. The second
picture is a street view on Mar W St which illustrates the view from homes above Mar W to the courts.
The distances from these homes to the court is under 200 feet.
A view of the court under consideration, Mar W St and the path sound will travel:
Pickleball Sound Pitch and Level
The Sound
Pickleball is played with a hard surface paddle (not a “racket”) that typically weighs about 8 ounces
and a hard plastic ball weighing about 1 oz. Pickleball sound is primarily generated by the paddle face
vibrating as it is struck by a ball. While the pitch has a variety of audio components, the primary tone
or pitch generated by most paddle models is usually around 1,000 Hertz or near music note C6. Many
newer models have graphite face coverings which are slightly softer and which may reduce the pitch
by half, placing the main component closer to note C5. There are some completely different designs
that produce other sounds but they are less commonly used.
The loudness depends primarily on how hard a ball is struck. A player typically employs a wide variety
of shots in a game, raging from very soft to as hard as the player is capable of hitting. A result of this
variability is that the level or loudness of pickleball sound varies from barely audible up to around 90
dBA near a paddle strike by a skilled high strength player.
Pickleball Sound generation is can be described as a classic stochastic process with a large number
of variables contributing to the loudness of any given hit. While there will be an average sound level,
there will also be, from time to time, sound levels at 2, 3 and more standard deviations above that
level. Generally, the standard deviation is on the order of 2 decibels so we will hear the majority of
sounds in a fairly narrow range of levels but it is worth noting that there will also be multi sigma louder
sounds occasionally.
Making Sound level Measurements
Field measurements will yield data that can easily be inaccurate. Sound level meters vary in accuracy
and in response time. A pickleball sound typically lasts under 10 milliseconds so a meter must have a
mode fast enough to detect these “impulse” sounds. There are international and US standards for
meter accuracy and characteristics, IEC 61672-1 and ANSI S1.4, and meters are usually grouped by
“Type” numbers. Type 1 meters, like the Sper Scientific 840015, are accurate to within 1 decibel. A
Type 2 less expensive model, like the Sper 840018, is useful for most field tests but it has reduced
accuracy, although readings will generally be with two decibels. Many communities have sound level
meters. It is not uncommon for a police department to send an officer equipped with a sound level
meter when noise complaints are filed.
Ordinances and Other Policies and Procedures
A review of the Town of Tiburon General Plan 7. Noise Element does provide some guidance for
acceptable sound levels, as does the Town of Tiburon Administrative Policy and Procedure Number
2006-03: Noise Standards for Air Conditioning Units and Similar Mechanical Equipment. This later
document establishes a sound level limit of 55 dBa “at any point on a property line” but it applies to
HVAC equipment that operates 24 hours a day. There did not appear to be a definite sound level
ordinance.
Pickleball Sound Propagation
Pickleball sound levels can reach 70 dBa at points 200 feet from the ball strike. The physics of sound
wave propagation apply and using a logarithmic decibel scale simplifies the calculations. Each time
the distance is doubled, the sound level will drop by 6 decibels (dB), assuming no other barriers are
present that would further reduce sound levels. Cutting a given distance in half will add 6 dB and
changing a distance by a factor of 10 will change the sound level by 20 dB. For example, homes at
200 feet from play may experience frequent pickleball sound levels of 60 dBa. At 400 feet, again
assuming no other barriers, this would drop by 6 dB to 54 dBa, a level that may be above or below the
normal background noise level at that location. At 800 feet, this level would drop by at least by 6 dB to
48 dBa, a level that will be below the background noise level in most communities.
Establishing a Policy
The net effect is that residents within about 400 feet of unrestricted pickleball play will be able to hear
the sound of pickleball. Communities generally establish an “acceptable” level and limits on the hours
of use of pickleball courts. Tiburon could establish both sound level limits and an hours of use policy.
Sound mitigation techniques:
The three common methods:
1.Require the use of quiet gear and enforce this requirement, a generally unacceptable solution
on public courts. There are softer balls that produce a lower sound level and these are
frequently used in communities able to enforce their use.
2.Install sound barriers that block the line-of-sight. This is frequently employed at locations with
little elevation change. Barriers can stand alone or hang from chain link fencing with due
consideration of wind loading.
3.Restrict the hours of play.
4.Move the pickleball courts to another location.
Possible Field Tests:
1.Measure the average background noise level to quantify the likely pickleball sound-to-noise
ratio.
2.Produce pickleball sound either electronically (typically a laptop and sound bar with a recording
of pickleball sounds) or arranging for players to play or simply hit hard shots on a temporary
court to measure the likely sound levels at distant points and to evaluate the likely impact of
play.
3.Install sample sound barriers of various materials to test the effectiveness and determine the
height required to achieve an acceptable sound level at distant points.
Recommendations:
The Town of Tiburon should decide if pickleball sound in the region of 60 to 70 dBa will be acceptable
at local residences before the conversion to pickleball is accomplished. If more study is required to
make this decision, the Town should consider doing a field test measurement of sound levels. It would
need to be prepared to measure sound levels with reasonable accuracy. The information acquired
could then be used to establish regulations on the use of this facility as a pickleball court.
GigaHertz LLC is available to answer questions about this report.
Disclaimer
This report attempts to predict sound levels near the possible location of pickleball courts and
it offers potential solutions that have been used successfully at other locations. The estimates
and based on experience and they take into account the sound levels frequently observed with
typical paddles, balls and the test equipment used to measure sound levels. There are paddles
and balls that are louder .
There is no guarantee offered that the potential solutions suggested will resolve the pickleball
sound problem at the site described in this report.
Robert M Unetich
A registered professional engineer in Pennsylvania
Owner of GigaHertz LLC, an electronics and acoustics consulting company
a USA Pickleball Certified Referee
Admin of the facebook group Pickleball Sound Mitigation
and a member of the staff of Pickleball Magazine
Submission of this report by GigaHertz LLC
A quotation to prepare a report (Quotation # E1122) concerning pickleball sound at Teather Park was
sent by GigaHertz LLC on January 12, 2022.
This Report has been prepared at the request of:
David O. Eshoo
Associate Engineer | Department of Public Works
1505 Tiburon Blvd | Tiburon, California 94920
1811 WOODLANDS CIRCLE, PITTSBURGH, PA 15241
412-780-4575 rmu@gigahertzllc.com itsrmu@aol.com
EXHIBIT 3
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Members of the Parks Open Space and Trails Commission
From: Department of Public Works
Subject: Teather Park Pickle Ball and Backboards Project
Reviewed By:
_________________________ David Eshoo, Associate Engineer
SUMMARY POST will receive a presentation on the Sound Study Report and consider action to support. RECOMMENDED ACTION(S)
1. POST Commission to receive presentation, provide input and consider action to support.
BACKGROUND
The Ranch has agreed with the Town of Tiburon to manage and maintain the two public tennis courts located along Beach Road at Teather Park since 1978. The Ranch refers to these two courts as the Point Tiburon Courts.
Staff at The Ranch receives court feedback and suggestions from the public despite not owning the facilities. Due to the Pandemic, many more members of the community are looking for ways to safely recreate outdoors. Over the past year, there has been increased tennis court use and community interest in adding a hitting backboard and pickleball court lines to the Point Tiburon
Tennis Courts.
At the September 21, 2021 POST meeting, the Commission heard a presentation by The Ranch Staff and opened for public comment. The Commissioners discussed the request at length and suggested investigating various materials used for the tennis backboard to lessen the noise
impact. The Commission also requested information on noise complaints for pickleball courts at
Tom Price Park, Belvedere Tennis Club and Tiburon Peninsula Club and what was done to mitigate the noise. At the November 16, 2022 POST Commission meeting, Staff at The Ranch provided the
following information to the Commission:
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
POST Commission Meeting March 15, 2022 Agenda Item AI-1
POST Commission Meeting March 15, 2022
TOWN OF TIBURON PAGE 2 OF 2
• Tiburon Peninsula Club shifted to “quiet paddles” and requires that equipment be checked
out from the front desk to use the courts.
• Belvedere Tennis Club has a BACCO “quiet backboard”.
• Both the Tiburon Peninsula Club and Belvedere Tennis Club stated that noise complaints ended with the implementation of Quiet Paddles and the BACCO quiet backboard.
• The City of Belvedere tried to switch to quiet paddles but due to an inability to enforce their use, have reverted to regular equipment use. While no formal action was taken at the meeting, the POST Commission asked staff to conduct a noise study and return to POST once the study is completed to discuss possible action.
ANALYSIS Staff contacted Bob Unetich with GigaHertz LLC to conduct a pickle ball sound study. Mr. Unetich is a registered professional engineer, and a USA Pickball Certified Referee who has
worked in radio wave propagation for over 40 years. His work involves careful analysis of work done by acoustics engineers looking at solving pickleball sound problems and at methods of reducing the level of annoyance experienced by neighbors of pickleball courts. There are residential units within 250 feet of Teather Park and some residents will be able to hear the sounds. The closest homes are within 200 feet and on an elevated area to the north and northeast of the courts. The Town of Tiburon General Plan does provide some guidance for acceptable sound levels but does not provide a definite sound level ordinance. Noise standards for air conditioning units and similar mechanical equipment have a limit of 55 dBa at any point
on the property line. Pickleball sound levels can reach 70dBa at points 200 feet from the ball strike. Each time the distance is doubled, the sound level will drop by 6 decibels 9dB). There are three common sound mitigation techniques:
1. Require the use of quiet gear and enforce this requirement. 2. Install sound barriers that block the line-of-site. 3. Restrict the hours of play. A decision will need to be made if pickleball sound in the region of 60-70 dBa is acceptable at
local residences before the conversion to a pickleball court is accomplished? The complete Sound Study is attached as Exhibit 1. RECOMMENDATION
1. POST Commission to receive presentation, provide input and consider action to support. Exhibit(s): 1. Sound Study Report 2. Correspondences Prepared By: David O. Eshoo, Associate Engineer
Expected Pickleball Sound Levels
at Teather Park on Beach Road in Tiburon, CA
and a Review of Existing Regulations and Possible Sound Mitigation Options
Executive Summary
This park now has two tennis courts. Converting one of these courts into two pickleball courts will
produce higher sound levels than tennis. In addition, the sound of a pickleball hit has a higher pitch or
tone than tennis and this “pop” sound is considered more annoying to people than the “thud” of a
tennis ball hit.
There are residential units within 250 feet of the planned pickleball court and some residents will be
able to hear the sounds. The closest homes are within 200 feet and on an elevated area to the North
and NE.
The homes to the NE are about 60 feet higher in elevation. There is limited vegetation present on the
hillside between the homes and the courts. One of those structures is a multi-unit building while other
buildings to the North appear to be single family homes. The probability is that there will frequently be
sound levels above 60 dBA and some pickleball sound levels will extend above 70 dBA at the
residences to the North. Placing a barrier in a location to block the line-of-sight path would be
difficult and expensive because of the elevation difference. This predicted sound level will be about
two or three times as loud as the nominal average background noise level although the actual
background noise level is unknown.
The condos to the NW and the SE, a little over 200 feet away, are on a similar elevation and they are
oriented in such a manner as to reduce the impact on the main outside living areas behind these units.
Sound levels at 200 feet will frequently exceed 60 dBA.
It can be argued that these typical sound levels are often exceeded by other sound generating devices
such as car horns, leaf blowers and lawn mowers. The reality is that most other sound sources are
intermittent annoyances while it is common for pickleball courts to be full of players from sun up until
sun down and later if lighting is available.
This is a public park and controlling the types of paddles and balls used on the pickleball courts, a
common sound mitigation technique in gated communities, is not likely to be possible. The age range
of pickleball players is very wide and there will be players using these courts with high agility and
strength capable of high velocity ball strikes.
There is no established standard for an acceptable pickleball sound level that would apply to all
communities. Background noise varies widely and this could be measured at this site. It is also
possible to simulate the sound of hard pickleball hits in order to survey nearby residents about the
likely impact of regular play. If it is decided to enable pickleball play on this court, the most effective
sound mitigation method may be restricting the hours of play.
Site Description
This drawing of the site was supplied:
A Google Earth view of the Teather Park community allows us to measure distances to nearby
residential units and businesses.
It also provides elevation information. The elevation of the nearby condos is similar to the tennis
courts but there is a hill to the North that has homes overlooking the courts. These properties are
about 60 ft above the courts, making a sound barrier near the tennis courts useless. The second
picture is a street view on Mar W St which illustrates the view from homes above Mar W to the courts.
The distances from these homes to the court is under 200 feet.
A view of the court under consideration, Mar W St and the path sound will travel:
Pickleball Sound Pitch and Level
The Sound
Pickleball is played with a hard surface paddle (not a “racket”) that typically weighs about 8 ounces
and a hard plastic ball weighing about 1 oz. Pickleball sound is primarily generated by the paddle face
vibrating as it is struck by a ball. While the pitch has a variety of audio components, the primary tone
or pitch generated by most paddle models is usually around 1,000 Hertz or near music note C6. Many
newer models have graphite face coverings which are slightly softer and which may reduce the pitch
by half, placing the main component closer to note C5. There are some completely different designs
that produce other sounds but they are less commonly used.
The loudness depends primarily on how hard a ball is struck. A player typically employs a wide variety
of shots in a game, raging from very soft to as hard as the player is capable of hitting. A result of this
variability is that the level or loudness of pickleball sound varies from barely audible up to around 90
dBA near a paddle strike by a skilled high strength player.
Pickleball Sound generation is can be described as a classic stochastic process with a large number
of variables contributing to the loudness of any given hit. While there will be an average sound level,
there will also be, from time to time, sound levels at 2, 3 and more standard deviations above that
level. Generally, the standard deviation is on the order of 2 decibels so we will hear the majority of
sounds in a fairly narrow range of levels but it is worth noting that there will also be multi sigma louder
sounds occasionally.
Making Sound level Measurements
Field measurements will yield data that can easily be inaccurate. Sound level meters vary in accuracy
and in response time. A pickleball sound typically lasts under 10 milliseconds so a meter must have a
mode fast enough to detect these “impulse” sounds. There are international and US standards for
meter accuracy and characteristics, IEC 61672-1 and ANSI S1.4, and meters are usually grouped by
“Type” numbers. Type 1 meters, like the Sper Scientific 840015, are accurate to within 1 decibel. A
Type 2 less expensive model, like the Sper 840018, is useful for most field tests but it has reduced
accuracy, although readings will generally be with two decibels. Many communities have sound level
meters. It is not uncommon for a police department to send an officer equipped with a sound level
meter when noise complaints are filed.
Ordinances and Other Policies and Procedures
A review of the Town of Tiburon General Plan 7. Noise Element does provide some guidance for
acceptable sound levels, as does the Town of Tiburon Administrative Policy and Procedure Number
2006-03: Noise Standards for Air Conditioning Units and Similar Mechanical Equipment. This later
document establishes a sound level limit of 55 dBa “at any point on a property line” but it applies to
HVAC equipment that operates 24 hours a day. There did not appear to be a definite sound level
ordinance.
Pickleball Sound Propagation
Pickleball sound levels can reach 70 dBa at points 200 feet from the ball strike. The physics of sound
wave propagation apply and using a logarithmic decibel scale simplifies the calculations. Each time
the distance is doubled, the sound level will drop by 6 decibels (dB), assuming no other barriers are
present that would further reduce sound levels. Cutting a given distance in half will add 6 dB and
changing a distance by a factor of 10 will change the sound level by 20 dB. For example, homes at
200 feet from play may experience frequent pickleball sound levels of 60 dBa. At 400 feet, again
assuming no other barriers, this would drop by 6 dB to 54 dBa, a level that may be above or below the
normal background noise level at that location. At 800 feet, this level would drop by at least by 6 dB to
48 dBa, a level that will be below the background noise level in most communities.
Establishing a Policy
The net effect is that residents within about 400 feet of unrestricted pickleball play will be able to hear
the sound of pickleball. Communities generally establish an “acceptable” level and limits on the hours
of use of pickleball courts. Tiburon could establish both sound level limits and an hours of use policy.
Sound mitigation techniques:
The three common methods:
1.Require the use of quiet gear and enforce this requirement, a generally unacceptable solution
on public courts. There are softer balls that produce a lower sound level and these are
frequently used in communities able to enforce their use.
2.Install sound barriers that block the line-of-sight. This is frequently employed at locations with
little elevation change. Barriers can stand alone or hang from chain link fencing with due
consideration of wind loading.
3.Restrict the hours of play.
4.Move the pickleball courts to another location.
Possible Field Tests:
1.Measure the average background noise level to quantify the likely pickleball sound-to-noise
ratio.
2.Produce pickleball sound either electronically (typically a laptop and sound bar with a recording
of pickleball sounds) or arranging for players to play or simply hit hard shots on a temporary
court to measure the likely sound levels at distant points and to evaluate the likely impact of
play.
3.Install sample sound barriers of various materials to test the effectiveness and determine the
height required to achieve an acceptable sound level at distant points.
Recommendations:
The Town of Tiburon should decide if pickleball sound in the region of 60 to 70 dBa will be acceptable
at local residences before the conversion to pickleball is accomplished. If more study is required to
make this decision, the Town should consider doing a field test measurement of sound levels. It would
need to be prepared to measure sound levels with reasonable accuracy. The information acquired
could then be used to establish regulations on the use of this facility as a pickleball court.
GigaHertz LLC is available to answer questions about this report.
Disclaimer
This report attempts to predict sound levels near the possible location of pickleball courts and
it offers potential solutions that have been used successfully at other locations. The estimates
and based on experience and they take into account the sound levels frequently observed with
typical paddles, balls and the test equipment used to measure sound levels. There are paddles
and balls that are louder .
There is no guarantee offered that the potential solutions suggested will resolve the pickleball
sound problem at the site described in this report.
Robert M Unetich
A registered professional engineer in Pennsylvania
Owner of GigaHertz LLC, an electronics and acoustics consulting company
a USA Pickleball Certified Referee
Admin of the facebook group Pickleball Sound Mitigation
and a member of the staff of Pickleball Magazine
Submission of this report by GigaHertz LLC
A quotation to prepare a report (Quotation # E1122) concerning pickleball sound at Teather Park was
sent by GigaHertz LLC on January 12, 2022.
This Report has been prepared at the request of:
David O. Eshoo
Associate Engineer | Department of Public Works
1505 Tiburon Blvd | Tiburon, California 94920
1811 WOODLANDS CIRCLE, PITTSBURGH, PA 15241
412-780-4575 rmu@gigahertzllc.com itsrmu@aol.com
To: POST Commissioners,
I ask you tonight to vote NO to any pickleball courts at Teather Park.
I have lived on Marsh Road for the past 34 years and I’m already being bombarded by the pickleball
noise coming from TPC. Adding another pickleball court at Teather Park would only compound the
current problem.
The noise from pickleball (“Electric Ping Pong”) is not one of those friendly sounds like tennis and unlike
tennis there is a lot of vocal banter going on during the game. The fact that there will also be no way to
control the type of paddles & balls used on these proposed courts should be good enough to vote NO on
this proposal. I think they already tried controlling the equipment at the Lagoon courts to no avail.
Also having a pickleball expert advocate or comment on any noise factor is not an objective perspective.
It’s like having the fox in the hen house. How many board members would be able to come home,
explain to their spouse as to why they approved pickleball courts across from their home?
The current court in Belvedere is enough for our community. The average home price is around 3 million
and those interested pickleball players can join a club or play on the Lagoon court.
I love the sound of tennis, as my daughter played four years on the Redwood High team. Putting a
backboard for the tennis players on Court #2 at Teather Park would be an option and not impact the
ambience that was originally there when we purchased our homes.
Tiburon is a special place and we are never going to be able to offer everything (flavor of the month) to
all residents. And this is not a bad thing, as we have the natural beauty that can't be found anywhere
else!
Please vote NO tonight on the pickleball proposal.
Let’s no mess this up.
Ken James
Marsh Rd.
Tiburon
1
David Eshoo
From:Artie D <arthur.delnegro3@gmail.com>
Sent:Thursday, March 10, 2022 1:20 PM
To:David Eshoo
Subject:Tennis court access and availability
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David - I am writing to express my strong support for increasing access and availability to tennis courts in Tiburon.
Specifically, I am very interested in access for Pickleball given the much less expensive nature of this sport versus other
racquet sports. I believe our town has always been in favor of equitable solutions and access to Pickleball is a wonderful
way to help the underserved and marginalized.
Artie DelNegro
94 St Thomas Way
917-359-3528
1
David Eshoo
From:Rick Johnston <rickjohnston415@gmail.com>
Sent:Friday, March 11, 2022 11:47 AM
To:David Eshoo
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David -
I am writing this message in support of more pickleball courts and access in Tiburon. I joined the Ranch a few years
back to be able to use their courts for pickleball with family and friends but there are not enough courts in our
community for this rapidly growing sport. While there was some issues with noise during covid as more people started
playing they were able to be resolved in time. Even some schools in the area now have pickleball as part of their PE
programs and the sport is growing tremendously with all age groups as a great social outside form of exercise. I am
hopeful the town of Tiburon will see adding more pickleball courts to the town as another wonderful community benefit
and one I know more people will support than are against.
Thanks for your time
Rick
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David Eshoo
From:kevin contactdevco.com <kevin@contactdevco.com>
Sent:Friday, March 11, 2022 12:14 PM
To:David Eshoo
Subject:Teather Park Pickleball Cout
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To the POST Committee:
I am a 13-year resident of Tiburon. I would like to reiterate my previous support for expanding access of Pickle Ball play
in the Tiburon – Belvedere community. I am also an annual key holder to access the public tennis courts managed by
The Ranch. Currently, as the POST is aware of from the reports provided by The Ranch, there is great interest and
demand (from all ages and families) for access to Pickleball Courts for which currently there is only one (1) public court
located at the Lagoon Courts (City of Belvedere property). The addition of at least one (1) Pickleball court (a moveable
net and lines) on one of the Teather Park tennis courts is greatly needed in order to expand the availability of Pickleball
play to the community. This is undisputable. The only court at the Lagoon which has Pickleball lines and a moveable net
is constantly booked.
With respect to the arguments from nearby homeowners that Pickleball play that the Teather Park courts will become a
nuisance, these homeowners have been living alongside the Teather Park tennis courts, the public ferry parking lot, the
CVS Store and the other downtown commercial areas which periodically have increased noise from normal day-to-day
living in the Old Town area of Tiburon. On occasion, our house location (Vistazo West St.) experiences periodic noise
generated from downtown business and clubs (i.e., outdoor music from both the Corinthian and SF Yacht
Clubs). However, this is a known environment. There is a balance and the noise/sound is not constant. Neither is the
noise/sound constantly generated from tennis play or Pickleball.
Moreover, the location of the Belvedere Lagoon Courts are in much closer proximity to homes than the Teather Park
homes and an equitable, symbiotic balance has been reached by balancing tennis and pickle ball play on these courts. It
should be highlighted for the POST that the addition of one (1) Pickleball court to ONE of the Teather Park tennis courts
is not a PERMANENT Court for which Pickleball will continuously be played. Both tennis and Pickleball play will be mixed
as is the current environment at the Lagoon Courts.
I encourage the POST to vote YES and allow the installation of one (1) Pickleball Court at Teather Park and quite
honestly, the POST should also vote YES to also install Pickleball lines and a moveable net at the Del Mar School courts in
order to provide more multi-use access to the Tiburon-Belvedere Community.
Thank you.
Kevin A. Roberts
Principal
Office: (415) 306-0885
Mobile: (415) 867-5836
www.contactdevco.com
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David Eshoo
From:Jason Brown <jb@yelp.com>
Sent:Friday, March 11, 2022 12:16 PM
To:David Eshoo
Cc:Pam Brown
Subject:Pickleball
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Dear Mr. Eshoo,
Ahead of next week’s hearing, wanted to share a short note of support for preserving Pickleball options in Tiburon.
Like many of our neighbors, we love getting outside to play Pickleball with our kids and local friends. It’s the only activity
we have seen where multiple generations (kids, parents, grandparents) are out playing together. There is always a
group of neighbors on the courts when we go, a testament to the popularity of this shared activity throughout our
community.
We’re not up to speed on the options being considered to balance interests, but speaking for ourselves, we would be
open to compromises that help with perceived noise issues, eg soundproofing the courts, quiet balls, etc.
Best regards,
Jason & Pam Brown
2 West Shore Rd, Belvedere
415.218.4417
1
David Eshoo
From:Tim Poulin <tpoulin@pingidentity.com>
Sent:Friday, March 11, 2022 12:31 PM
To:David Eshoo
Subject:I don't like Pickleball, I LOVE IT
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I don't like Pickleball, I LOVE IT
I am passionate about this new multi generation sport that I learned 1 year ago and have introduced many Tiburon
residents.. I support Pickleball for Tiburon, Tim Poulin, 10 Via Paraiso W
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David Eshoo
From:David Grokenberger <dadhelp7@gmail.com>
Sent:Friday, March 11, 2022 1:58 PM
To:David Eshoo
Subject:Support for Tiburon Pickle ball/ hearing on 3-15
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Our names are David and Trina Grokenberger. We reside in Tiburon at 1B Peninsula. We have been avid
pickleball players for years and believe in the need to expand the sport's availability to the public and seniors in
particular. The sport is social and therapeutic in many ways.
While some might be concerned about noise levels, those concerns are of the few versus the need to play of the
many. Additionally whatever the time of usage concerns exist there are mitigation measures that can accommodate the
play and address legitimate noise concerns.
We trust that the due diligence of the review committee has gathered the necessary data on noise levels, mitigation
measures, and the specifics of what times of use are of concern to neighbors.
Pickleball play should be permitted and encouraged with reasonable measures of noise abatement in place.
Sincerely, David and Trina Gokenberger
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David Eshoo
From:takin@talkot.com
Sent:Friday, March 11, 2022 2:49 PM
To:David Eshoo
Subject:Pickleball please!
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As a resident of Tiburon for almost 30 years I’ve seen the progress of the city and enjoy the opportunity to participate in
racquet sports. As a three time president of the Tiburon Peninsula club I can attest to the interest here for the younger
and older generations to play pickle ball. I feel strongly That in the future pickleball will be as popular and possibly more
popular than Tennis is today. We should embrace the new.
With regards,
Tom and Karen Akin
Sent from my iPhone
1
David Eshoo
From:Roxanne Richards <roxrds@gmail.com>
Sent:Friday, March 11, 2022 3:30 PM
To:David Eshoo
Subject:Supporting Increased Pickleball Options
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To: Tiburon POST Commissioners and David Eshoo, Assistant Engineer
Re: Pickleball at Teather Park - Yes, PLEASE!
There is definitely a movement afoot in the rising popularity of pickleball, and our community has caught the
bug too. It’s fantastic to see the age range and skill levels of players on the courts, but disheartening to find just
how difficult it is to book a court. One public court for pickleball on the entire Tiburon Peninsula just isn’t
adequate, especially as more people continue to turn to a sport that encourages fitness and social interaction
while not breaking the bank. It’s GOOD for us. Please expand our options for play!
I hope the Commissioners will vote YES to allow pickleball at Teather Park. If noise mitigation is the issue, I
hope you’ll consider adding acoustic fencing and requiring quiet paddle use. Belvedere has limited the hours of
play and number of available courts (too severely in my opinion), and, given the demand on the court,
hopefully they, too, will reconsider the positive aspects of the sport and balance that against the perceived
neighbor hardship.
Thank you for the time you give to our community. I hope to see you on the court.
Regards,
Roxanne Richards
266 Beach Rd
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David Eshoo
From:Tiffany Thompson Sams <tiffanysams@gmail.com>
Sent:Friday, March 11, 2022 3:39 PM
To:David Eshoo
Subject:Pickleball
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Please keep Pickleball courts open for our residents- if there isn’t any better time than now to keep our community
together by being a part of a neighborhood- pickleball is growing quickly and has been an amazing outlet during this
crazy time. Residents are happier and healthier by staying active, engaged and social!
Thank you.
Tiffany
She Her Hers
415-302-2624
1
David Eshoo
From:Chad Cristo <chad_cristo@icloud.com>
Sent:Friday, March 11, 2022 3:51 PM
To:David Eshoo
Subject:Pro Pickle Ball Courts
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David,
I am a 15yr resident of Tiburon and love this community for all that it offers. Pickle Ball is one of the nations fastest
growing sports and allows for enjoyable community engagement. It’s unfortunate that residents need to join an
expensive private club or cross their fingers to get a reservation on the one public key access court, which is rarely
available. In-order to access Pickle Ball courts, I encourage the POST to vote YES and allow the installation of one (1)
Pickleball Court at Teather Park and quite honestly, the POST should also vote YES to also install Pickleball lines and a
moveable net at the Del Mar School courts in order to provide more multi-useaccess to the Tiburon-Belvedere
Community.
Thank you,
Chad Cristo
415-238-4457
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David Eshoo
From:Kimberly Lansing Hyman <kimlansing@gmail.com>
Sent:Friday, March 11, 2022 4:09 PM
To:David Eshoo
Subject:Pickle :)
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Hello!
I just wanted to drop a note in favor of continued access to pickleball in Tiburon.
It would be lovely to have pickleball at Teather park or honestly, any other park in
Tiburon/Belvedere. This is a sport that brings together community, friends, fun and laughter- for
people of all ages!
It’s become so popular not just here in Marin but everywhere I travel. We have 8 courts at our
community in Cabo and they’re filled daily. There’s always a wait. And that’s what’s starting to
happen here. The lagoon courts don’t meet the communities needs.
I know that noise is a concern for some residents and I can assure you there is green zone approved
acoustic fencing. At the end of the day, our community is very respectful of one another and I’m
pretty confident that people that are using the courts would respect neighbors.
Tiburon is a special town, and to have nice set of designated courts to play on would be so
appreciated.
Warmly,
Kimberly Hyman
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David Eshoo
From:Steve Soja <steve.soja@yahoo.com>
Sent:Friday, March 11, 2022 4:27 PM
To:David Eshoo
Subject:Teather Park Pickleball Cout
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To POST Committee
Pickle ball is a wonderful family and community sport that has brought much joy to the people of Tiburon. The sport is
played by all ages and I enjoy seeing the different generations playing together.
As a 20+ year member of the Tiburon community I encourage the POST to vote YES and allow the installation of one (1)
Pickleball Court at Teather Park and quite honestly, the POST should also vote YES to also install Pickleball lines and a
moveable net at the Del Mar School courts in order to provide more multi-use access to the Tiburon-Belvedere
Community.
Sincerely
Steve Soja
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David Eshoo
From:Rick Rose <rickrose6@gmail.com>
Sent:Friday, March 11, 2022 5:15 PM
To:David Eshoo
Subject:Rick Rose
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I’m for more pickle ball courts in Tiburon.
I have lived in Tiburon for 50 years.
Richard B. Rose
m my iPhone
1
David Eshoo
From:Arif Fazal <fazal_arif@yahoo.com>
Sent:Friday, March 11, 2022 7:13 PM
To:David Eshoo
Cc:Arif Fazal
Subject:Letter in Support of Pickleball
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Hi David,
As a resident of Tiburon, and paying keyholder from the Ranch for tennis court access, I’m writing this note in
support of adding pickleball court access at the Teather Park / Pt Tiburon location with new lines and moveable nets
on court. It is important for our community to have expanded access to the game, as the lagoon courts alone are
insufficient to meet the needs of this increasingly popular sport. It a wonderful sport, for all ages, which doesn’t
necessitate the deep skill or movement required in tennis, thereby creating greater access for all community
members, young and old. I’m told it's the fastest growing sport in the entire US, and it certainly seems that way with
so much increased demand in our community for opportunities and places to play. If there are noise concerns,
these can easily be mitigated by adding acoustic fencing and becoming Green Zone approved (which I believe
suggests quiet paddle use). Thank you for taking my note of support into consideration.
Cheers,
Arif
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David Eshoo
From:Adam Gavzer <adam@gavzer.com>
Sent:Saturday, March 12, 2022 8:42 AM
To:David Eshoo
Subject:Parks, Open Space & Trails Commission- Pickleball
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To Whom It May Concern:
As a local resident who recently learned to play Pickleball, I strongly support the addition of as many courts as possible.
Striping and providing a movable net at Teather Park would be a great addition to our community.
I have witnessed the rapid expansion of this game among many residents. It serves as a healthy way to gather with
friends and acquaintances to partake in a very fun game.
I particularly appreciate what a great work out I get in a relatively short period of time.
With the increased interest in this game, I have noticed how hard it is to book a court.
I understand there are concerns from those that live adjacent to the courts about increased noise, so I would
recommend exploring the feasibility of adding acoustic fencing . This might go a long way to address their concerns.
Sincerely,
Adam Gavzer
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David Eshoo
From:Steve Bishop <sjbishop816@gmail.com>
Sent:Saturday, March 12, 2022 9:17 AM
To:David Eshoo
Subject:Pickleball support
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Hi - I am writing to support the growth of pickleball in Tiburon - specifically expanding the courts at Teather Park with
painted lines and moveable nets. The Lagoon courts are simply not sufficient to accommodate the high demand for
court access in Tiburon. Creative solutions for the noise issue are available- acoustic type fencing and low noise paddles
work very well.
As an avid tennis player, I have found pickleball to be more social and family oriented than tennis and it has become an
important activity with friends and family. We simply need more courts in Tiburon to accommodate the popularity of
the sport.
Thank you,
Steve Bishop
102 Reed Ranch Road
Tiburon
1
David Eshoo
From:Patrick Tenney <ptenney@emrosecapital.com>
Sent:Saturday, March 12, 2022 10:33 AM
To:David Eshoo
Subject:Support for pickleball
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I support adding pickleball court access at the Teather Park (Pt. Tiburon) courts.
Patrick Tenney
20 Turtle Rock Ct
Tiburon CA 94920
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David Eshoo
From:Katherine Ma <katherine.b.ma@gmail.com>
Sent:Saturday, March 12, 2022 10:38 AM
To:David Eshoo
Subject:In support of pickleball in Tiburon
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Hello,
I’m writing to support the access to pickleball in Tiburon. Please expand them at Teather Park, and you can mitigate
noise concerns by mandating quiet paddles and add acoustic fencing.
We love pickleball and it brings us so much joy.
Thank you,
Katherine
--
Katherine Ma
(949) 275-1172 cell
katherine.b.ma@gmail.com
1
David Eshoo
From:P. Hohmann <eric.hohmann@icloud.com>
Sent:Saturday, March 12, 2022 11:45 AM
To:David Eshoo
Subject:Pickleball Yes!
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I am writing in favor of the expanded play of pickle ball in the Tiburon/Belvedere area generally, and Teather Park
specifically.
The sport is fast growing and provides greater recreational and exercise opportunities for all ages, and our seniors in
particular.
I am also advocating for greater tolerance in our community. All too often residents complain about matters of small
inconvenience to them without consideration of the joy, health, or economic justice new ideas and endeavors bring to
the community. Let’s examine the greater good before we automatically condemn and insult those that are striving to
do better.
Eric Hohmann
1
David Eshoo
From:Brian Strunk <brianlstrunk@gmail.com>
Sent:Saturday, March 12, 2022 12:50 PM
To:David Eshoo
Subject:Pickleball
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I understand the town will be discussing the future of Pickleball in Tiburon. I want to give my support to continue and
expand Pickleball in Tiburon.
There are many advantages in favor of this sport which include:
Great exercise for both older and younger players.
A great social sport that builds relationships and community togetherness.
Thank you for your time and consideration.
Brian L Strunk
Sent from my iPhone
Brian
1
David Eshoo
From:Raul Saavedra <raul.g.saavedra@gmail.com>
Sent:Saturday, March 12, 2022 3:41 PM
To:David Eshoo
Subject:Pickleball
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Good afternoon. I love tennis and have recently discovered pickleball. it is great to play with your friends and family. i
look forward to playing more as i age as it is easier on the body and just a great social outlet.
I have lived in Tiburon for over 10 years and it's beautiful. Having an amenity like pickleball isn't unique to similar
communities across the country. It's the fastest growing sport in the country and has alot of support in the community.
i am supportive and all i ask is that everyone involved in making the decision do the appropriate amount of due diligence
and gather perspective before they vote. also, it's an ongoing trend where tax paying citizens can't access public space
for sports. it's why we pay taxes.
appreciate your time.
thank you,
Raul
--
Raul Saavedra
raul.g.saavedra@gmail.com
ph# 415-286-1122
1
David Eshoo
From:Erin Roberts <erinlroberts@sbcglobal.net>
Sent:Saturday, March 12, 2022 4:23 PM
To:David Eshoo
Subject:Pickleball- YES for Additional Courts
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To whom it may concern:
My family is a current key holder and would like to voice our support for the addition of more Pickleball Courts for the
greater Tiburon-Belvedere Community. We frequently use the only Pickleball Court that is available at the Lagoon
Tennis Courts. The court is frequently reserved and it is difficult to reserve a time to play. Pickleball is a fantastic social
sport for which we really enjoy playing with our neighbors, friends and our immediate family.
It is my understanding that the POST committee is evaluating the addition of Pickleball Courts at the Pt. Tiburon courts
like the one that exists at the Belvedere Lagoon court. This is a great idea and is very much needed in order to provide
more access for our community. These courts are centrally located to the downtown area which is a positive attribute
for accessibility. All of the existing tennis courts in our community are located among residences and the addition of
Pickleball play mixed in with existing tennis play and tennis lessons should be allowed given the demand for court
access.
I encourage the POST committee to vote YES for the addition of Pickleball courts at the Pt. Tiburon courts.
Regards,
Erin L. Roberts
1800 Vistazo West St.
1
David Eshoo
From:Teresa Toepel <ttoepel@pacbell.net>
Sent:Saturday, March 12, 2022 5:04 PM
To:David Eshoo
Subject:Tiburon Pickleball!!
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Hello,
As a HUGE fan of pickleball I strongly support the idea of courts in Tiburon at Teather Park (pickleball lines and
temporary/moveable nets), as the existing lagoon courts in Belvedere are insufficient to meet the needs of all the
residents who want to play pickle ball.
I understand that some are sensitive to the noise, perhaps to get ahead of that we could add acoustic fencing and
use Green Zone approved quiet paddle use.
We love the noise and the activity is reminder that fun is happening near by!
Thanks for your consideration …. Pickle ball is a fast growing sport that creates a much needed sense of
community!
- TERESA and MICHAEL TOEPEL
415-847-7746 cell
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To: POST Commissioners March 12, 2022
After reading several Ark articles regarding proposals to the Parks and Open Space Committee, I’m very
concerned. The ideas of a community rec center, a community pool, a beach volleyball court, pickle ball
courts and a youth mountain bike park, it almost seems like a lot of “spaghetti on the wall” in hopes that
maybe just one might stick. One might ask, why not a driving range or miniature golf? Our community
sits on a peninsula with precious little open space and Blackie’s Pasture, McKegney Green, the District
Ponds and South of Knoll Park provide us all with a wonderful balance of beauty and space not easily
found in many other communities.
With the upcoming POST meeting on March 15th discussing a myriad of proposals, it’s important that the
committee make sure to review our Town’s 2005 General Plan. Our own plan states “The Town of
Tiburon’s open spaces and scenic natural environments are among the most defining and beloved of
its characteristics”. If we are to hold to these words, any of these proposed projects would stray far
from this vision.
One might ask how adding a pickleball court would impact the Town’s open spaces and natural beauty.
Well, it’s right next to the Marsh Lagoon which is home to a variety of wildlife. And yes, it would impact
the homeowners that live next to the marsh and the courts by taking away the tranquility of their
environment. Part of the natural beauty, is in essence the serenity of the space. And after reading the
Sound Report, it’s clear that the noise from the pickleball play would impact the homeowners. It even
stated that the Town should check with the surrounding homeowners to see if they are okay with the
noise. My understanding is that several have voiced their opposition as they already must contend with
the pickleball noise from the TPC.
As for the proposed Beach Volleyball court(s) at South Knoll Park, is this supported by the community or
just a few people? Looking at the submitted report and proposed locations at South Knoll makes no
sense. You would have to build right next to the children’s park or demolish part of the park and then
relocate the existing park. This park is a lovely, tranquil space where families can come with their
children. Just think if one or two volleyball courts are placed right next to the children’s park…really?
The entire “space” would be forever altered. And while I can’t speak for the homeowners next to Knoll
Park, would they really want a volleyball court or two in their backyard? For those that don’t know, they
once proposed a skateboard park in that same location, fortunately it was denied.
It’s important for all of us and especially the POST Commissioners to remember that our Peninsula has
had a long history where the community or the Town has stepped in, preserved open space, and we are
better for it. As homeowners come and go and committees rotate over time, it’s easy to forget that
these “spaces” we hold so dearly, is because somebody had a greater vision. Thank goodness Sam
Shapero in 1972 bought much of Blackie’s pasture to preserve it as a “park” and deed it to the Town.
And thank goodness for the Nature Conservancy in 1977 that protected hundreds of acres on Ring
Mountain from development. And thank goodness the Town stopped Caltrans in 1980 from putting a
four lane highway on Tiburon Blvd.
Page 2
This desire to ‘have it all’ perplexes me especially when we as a community are so lucky to live in such a
special location. Part of the attraction is that we have an intimate community. Yet let’s not forget what
“we” already have: 2 athletic clubs (Tiburon Peninsula Club and Belvedere Tennis Club both sporting
swimming pools; 6 public tennis courts; an outdoor basketball court; 2 Yacht Clubs with ample settings
to gather; a lovely park setting for outdoor concerts; a large field for youth sports; and of course our
soon to be new library with room for varying interactive community lectures/gatherings.
So all our amenities might just not be in one location but several are here or others are close by. You just
need to look. And for those looking for a community swim, they can join the Strawberry Rec or the Mill
Valley Rec. And if you’re searching for a golf course (which of course is no longer on Belvedere Island),
you can easily play in Mill Valley. And if you want to play pickleball, we have the Lagoon courts. And if
you want to play beach volleyball, you can play in Sausalito. So we really do almost “have it all” right
here.
So whether you’re walking, jogging or biking along the path, relaxing on McKegney Green, bringing your
kids to South of Knoll park or just sitting along the waterfront, this was and is Tiburon’s vision and my
guess is, this is why many of you moved here. Now imagine how just one of the above ideas/proposals
would change this space, it will forever be changed. Blackie’s is zoned for “passive activity” and I
propose that the Town of Tiburon pass a resolution restricting any development in perpetuity (possibly
through some sort of legal easement or conservation easement) for Blackie’s Pasture, McKegney Green,
the District Ponds and South of Knoll Park. The Tiburon Belvedere Peninsula is a special space and we
must all be diligent in protecting it. Let’s hope we’ll be able to say “thank goodness” the Town voted to
protect it!
If these parcels are not protected now, who’s not to say that in the future we’d be looking at the
Peninsula Miniature Golf Park along with food trucks?
Thank you.
Laurie James
1
David Eshoo
From:Jeff Babikian <jeffbabikian@gmail.com>
Sent:Sunday, March 13, 2022 7:04 AM
To:Teresa Toepel
Cc:David Eshoo
Subject:Re: Tiburon Pickleball!!
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 Teresa! Great email and appreciate you helping out. If we have enough emails, I like our chances for success on
Tuesday. Please also try to get some of your friends to send a short email today.
Best,
On Mar 12, 2022, at 5:03 PM, Teresa Toepel <ttoepel@pacbell.net> wrote:
Hello,
As a HUGE fan of pickleball I strongly support the idea of courts in Tiburon at Teather Park (pickleball lines and
temporary/moveable nets), as the existing lagoon courts in Belvedere are insufficient to meet the needs of all the
residents who want to play pickle ball.
I understand that some are sensitive to the noise, perhaps to get ahead of that we could add acoustic fencing and
use Green Zone approved quiet paddle use.
We love the noise and the activity is reminder that fun is happening near by!
Thanks for your consideration …. Pickle ball is a fast growing sport that creates a much needed sense of
community!
- TERESA and MICHAEL TOEPEL
415-847-7746 cell
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1
David Eshoo
From:Pamela Healy <pamelahealy@sbcglobal.net>
Sent:Sunday, March 13, 2022 8:52 AM
To:David Eshoo
Subject:Pickle ball in Tiburon
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recognize the sender and know the content is safe.
We are Tiburon residents and support expansion of pickle ball courts in Tiburon. We enjoy playing with our family and
friends on a regular basis. We hope you will continue to support this popular sport.
Thank you,
Pamela Healy
Sent from my iPhone
1
David Eshoo
From:Sean Eilers <sean@tiburonmedia.com>
Sent:Sunday, March 13, 2022 9:31 AM
To:David Eshoo
Subject:Pickleball
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Hello,
I’m writing to urge the Tiburon POST to support pickleball on the Pt Tiburon courts and throughout the peninsula. As
one of the fastest growing sports in the US, pickleball is enjoyed by players of all ages, including hundreds of players in
our area. Thanks.
Sean Eilers
55 Linda Vista Ave
Tiburon, Ca
----
A. Sean Eilers
Tiburon Media
415 407-6447
1
David Eshoo
From:Sonnet McKinnon <sonnet.m@icloud.com>
Sent:Sunday, March 13, 2022 9:47 AM
To:David Eshoo
Subject:In support of Pickleball
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I am writing to the POST in strong support of Pickleball in Tiburon. We are a family of 6, with 3 generations, all who love
and actively play Pickleball. My Dad is 80 years old and just played a Pickleball tournament in December. It’s a healthy
sport that supports kindness and health and allows many generations to connect with each other. Tiburon is one of the
most magical places on earth and it should include the fastest growing and most inclusive sport, Pickleball!
Please work with the community to put up sound fencing to soften the sounds for our neighbors and allow us to
continue our favorite sport, Pickleball!
Sonnet McKinnon
133 Sugarloaf Dr
Tiburon
Sent from my iPhone
1
David Eshoo
From:Scott Miller <scottcmiller@gmail.com>
Sent:Sunday, March 13, 2022 10:07 AM
To:David Eshoo
Subject:Pickleball in Tiburon is a MUST!
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To whom it may concern,
I’d like to add my name to the list of people who are 100%supportive of pickleball in Tiburon!!
The popularity of the sport is growing across the country and demand for existing local courts far exceeds supply and
availability.
As we have seen in many neighborhoods, noise abatement solutions are available for neighbors who might be
concerned about the sound.
Pickleball brings families and friends together in a fun, social, active setting. It’s the fastest growing sport in the country
and we need to respond to the demand with additional facilities!!
Thanks!!
Scott Miller
181 Avenida Miraflores.
Sent from my iPhone
1
David Eshoo
From:Becky Miller <changbecky@hotmail.com>
Sent:Sunday, March 13, 2022 10:27 AM
To:David Eshoo
Subject:Support for Pickleball in our community
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
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Dear Town of Tiburon,
I'm taking a moment to express my thoughts and show my support about Pickleball in our community.
Pickleball is one of the few activities that you can play together - no matter how old you are. This unique sport
allows you to play as a family or you can play as a senior with other players. Pickleball courts on the public
tennis courts will allow community members to play without requiring an expensive membership at a private
tennis or golf club. Pickleball is one of very few sports that you can play with minimal cost. As the fastest
growing sport in the nation, our community should support Pickleball for the young and old and everyone in
between.
Thank you for your consideration.
Becky Miller
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David Eshoo
From:Valerie Babikian <valeriebabikian@gmail.com>
Sent:Sunday, March 13, 2022 10:55 AM
To:David Eshoo
Subject:Support for Pickleball at Teather Park
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Dear Mr. Eshoo and POST Commissioners,
I am writing in support of expanding pickleball at the Teather Park courts in Tiburon. As pickleball continues to
grow in popularity, the Lagoon courts alone simply cannot serve the residents of Belvedere and Tiburon.
I have been an avid tennis player for decades, but suffered a shoulder injury in late 2020 that made me unable
to play. It was devastating to lose my favorite outdoor exercise and social outlet–especially during the
pandemic. A few months later, I gave pickleball a try and discovered that the low impact nature of the game
allowed me to play while rehabbing the shoulder. Playing pickleball with my kids, friends and neighbors during
that time brought me so much joy–and maybe saved my sanity! I may someday work my way back to tennis,
but I hope to play pickleball for life.
My experience is not unique. The community has discovered that pickleball is a great way for families and
friends of all ages and abilities to get outside, get some exercise and spend time with one another. It has
become a valuable and meaningful element of our parks and our community.
I believe the POST and the community can work together to bring pickleball to Teather Park without disruption
to the neighborhood. The POST can implement good neighbor practices used at public parks around the
country, such as requiring ‘Green Zone’ approved paddles, acoustic fencing and reasonable playing hours.
These efforts and compromises seem small and simple in comparison to benefits pickleball brings to so many
Tiburon residents.
Thank you,
Valerie
Valerie Babikian
(415) 827-8227
valeriebabikian@gmail.com
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David Eshoo
From:Ian McKinnon <imckinnon@icloud.com>
Sent:Sunday, March 13, 2022 11:06 AM
To:David Eshoo
Subject:Pickleball
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To the Members of the POST Committee:
I write in earnest support of expanding access to pickleball in our wonderful town of Tiburon. By many metrics pickleball
is the fastest ground sport in the United States, and while there are many reasons for its meteoric ascent, perhaps the
most fundamental is the extent to which it appeals to all age groups and ability levels.
I was a college tennis player and love the sport, but as I have gotten older, pickleball is beginning to steal my heart
because of its combination of social and athletic attributes. Please expand access to pickleball in Tiburon, just as some
of our neighboring towns such as Belvedere and Mill Valley have done.
Respectfully,
Ian McKinnon
133 Sugarloaf Drive
Tiburon, CA 94920
1
David Eshoo
From:angelalawrence2407@gmail.com
Sent:Sunday, March 13, 2022 11:17 AM
To:David Eshoo
Subject:Pickle Ball
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Town of Tiburon,
Prickle ball brings community and friends/family of all ages together. I have been playing tennis since I was 5 and I still
love to play tennis but recently I have picked up pickle ball. Pickle ball allows friends of all competition levels to
compete. It is much easier on the joints but still allows for a great workout. As I age I see myself continuing to lean more
into pickle ball with friends and family. It’s a wonderful sport that truly brings people of all ages together and I hope to
have many more local opportunities to play pickle ball in the future.
Sincerely,
Angela Hendy
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1
David Eshoo
From:Jeff Babikian <jeffbabikian@gmail.com>
Sent:Sunday, March 13, 2022 11:26 AM
To:David Eshoo
Subject:Pickleball- Vote Yes!
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POST Committee,
I have been fortunate to live in Tiburon for 24 years and have a family of five Pickleball lovers. It goes without saying that
I am writing in strong support of expanding Pickleball throughout Tiburon and specifically at Teather Park.
Pickleball is the fastest growing sport in the US (https://frontofficesports.com/companies-all-in-on-pickleball-as-sports-
popularity-soars/). It will be hard for the POST to come across another recreational sport that offer the following:
1. Easy to learn
2. Affordable—one doesn't need expensive equipment and lessons to enjoy the sport
3. All ages can play–seniors as well as children can play
4. Unparalleled competitive balance across generations and genders
5. Health Benefits–aerobic exercise as well as a component of social connection, which has a positive domino
effect on mental health and the immune system
6. Social and Fun–families can play together and bond
7. Outdoor exercise with courts that don’t require a lot of space
The homeowners at Pt. Tiburon consciously chose to live near a busy downtown area, Tiburon Blvd and tennis courts.
That said, there are three ways to mitigate noise from pickleball play. The POST can mandate “Green Zone Paddles,"
install Acoustifence noise curtains to reduce noise-level and limit hours of play from 9am-7pm. The city of Tampa Bay
recently had success after purchasing Acoustifence® noise curtains to lower the noise-level and allow Pickleball.
According to the city engineer’s study, attenuation of the peak sounds was reduced by more than 10dBA, which
is perceived as half as loud. He said, “We conclude the Acoustifence did what it was intended to do and that is reduced
the sound emanating from the pickleball courts.” (https://usapickleball.org/member-news/quash-pickleball-noise-with-
acoustifence/). According to the Noise Study conducted by Mr. Unetich, using Green Zone Paddles and Acoustifence
would likely drop noise within the current town Noise Standards for Air Conditioning and Mechanical Equipment range.
Please vote yes to Pickleball for our families and community.
Best,
Jeff Babikian
jeffbabikian@gmail.com
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David Eshoo
From:Albert Richards <albertrds@yahoo.com>
Sent:Sunday, March 13, 2022 12:57 PM
To:David Eshoo
Subject:Pickle Ball in Tiburon
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Dear Parks, Open Space & Trails Commission:
As a recent convert to pickleball (from the sofa, unfortunately), I can attest to the fun, low-impact exercise that it brings
to people no longer quite mobile enough, flexible enough, or coordinated enough to play tennis. This is probably the
fastest-growing sport in the U.S today, and with good reason – it’s entertaining, very social, and extremely assessable to
a wide range of people.
This jump in popularity has created the need for additional playing areas, and adding pickleball capability to existing
tennis courts, like those at Teather Park, is the obvious solution. All too often I drive past the tennis courts in our
community and see them empty. Let’s put these spaces back into “public play” by adding pickleball to the approved
uses.
The only downside to pickleball is the potential for it to be “noisier” than tennis. This is an issue faced by many
communities, and they have come up with multiple solutions – many of which are applicable to Tiburon. Unfortunately,
attempts to create quieter balls have so far failed. The foam balls play very differently than the traditional “whiffle”
balls, moving much faster and essentially destroying the game. This said, moving to the “other” side of the noise
creation, i.e. the paddle, has yielded much more favorable results.
Below is a link to the approved / banned paddle list created by the Sun City Grand Community Association:
http://pball.grandpickleball.org/paddlerule.pdf
Adopting such a list for Tiburon seems to be a sensible way to expand pickleball access for the community overall while
at the same time being sensitive to the noise concerns of adjacent neighbors. We also have the good fortune to be a
wealthy community, so adding soundproofing to some of the fencing would also seem to be an appropriate approach.
We all enjoy the quiet, but sometimes life is a little noisy, too. We hear the boats on the water, and the excitement of
the various sailing schools, but we’ve also had the good sense to ban jet skis because of their excessive noise. With this
“new” (or, at least, “newly popular”) sport I believe we can also strike a balance with quieter paddles, potential
soundproofing, and appropriate hours (not too early and not too late) so that the noise just becomes part of the
background of everyday life.
Thank you for your consideration,
Bert Richards
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David Eshoo
From:CLAUDIA BRESSIE <claudiabressie@icloud.com>
Sent:Sunday, March 13, 2022 1:27 PM
To:David Eshoo
Subject:PickleBall lover
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To Whom it may Concern,
I am a member of TPC and live in Belvedere. I love playing PickleBall and was saddened to hear that there are some
residents that are trying to abolish it all together! What?
PickleBall is one of the fastest growing sports in the US! It’s such a great way to bring people together and get some
exercise all at the same time. Please let the majority of voices explain how much PickleBall means to our community.
Sincerely,
Claudia Bressie
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1
David Eshoo
From:Kevin Burns <kbbdds@comcast.net>
Sent:Sunday, March 13, 2022 1:41 PM
To:David Eshoo
Subject:Pickle ball vote yes
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Please vote yes for pickle ball ! It is social, athletic, easy to learn , and down right fun.
Sincerely ,
Kevin Burns
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David Eshoo
From:Kaysie Goodenough <kaysiegoodenough@icloud.com>
Sent:Sunday, March 13, 2022 2:24 PM
To:David Eshoo
Subject:Pickle ball
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We live right across from the Tether courts and despite the potential noise factor, fully support pickle ball on those
courts. It’s a wonderful family sport and the fastest growing one in the nation. Let’s support all the innocent fun we can
in these trying times!
Sent from my iPhone
1
David Eshoo
From:Sonnet McKinnon <ashley.l.mckinnon@icloud.com>
Sent:Sunday, March 13, 2022 2:29 PM
To:David Eshoo
Subject:Pickle ball
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Hello,
I live at 133 Sugarloaf Drive in Tiburon and I think that pickle ball should not be shut down. It’s a great way for me to
connect with my parents and grandparents and it’s fun for everyone. Thanks!
Ashley McKinnon
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1
David Eshoo
From:DONALD GOODENOUGH <don_kaysie@me.com>
Sent:Sunday, March 13, 2022 3:03 PM
To:David Eshoo
Subject:Teather Park Pickleball approval and Lagoon’s continuation.
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I wholeheartedly support the potential plan for playing Pickleball at Teather Park. I live right next door and love seeing
and hearing all the activities at the courts now. I am 79, and find tennis a challenge with two artificial knees. However, I
can enjoy Pickle currently at the Lagoon Courts, due to less required range of movement on the smaller court. With a
large contingent of senior residents, it’s a natural for our active Community.
I understand people are concerned about the sound. So, are they also calling for the elimination of vehicles on Tiburon
Boulevard and Beach Road too? They are often much louder than the little Pickleball.
Sent from my iPhone
1
David Eshoo
From:dave potter <david_m_potter@yahoo.com>
Sent:Sunday, March 13, 2022 3:30 PM
To:David Eshoo
Subject:Pickles in Tib
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Please be pleasant, not pusillanimous and let the picklers play plenty!
1
David Eshoo
From:Noelle Montgomery <Noelle@JanneySF.com>
Sent:Sunday, March 13, 2022 5:04 PM
To:David Eshoo
Subject:Pickleball in Tiburon
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Dear Tiburon POST,
I am writing in strong support of expanding pickleball courts in Tiburon at Teather Park (pickleball lines and
temporary/moveable nets), as the existing lagoon courts in Belvedere are insufficient to meet the needs of our
community as pickleball popularity continues to grow. Pickleball is a sport that families and friends of all ages and
abilities can enjoy together – perfect for our active community.
Thank you for your consideration,
Noelle Montgomery
1 Britton Ave, Belvedere
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David Eshoo
From:Enid Rubin <enidrubin@gmail.com>
Sent:Sunday, March 13, 2022 6:05 PM
To:David Eshoo
Subject:Pickleball court
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.
Please vote to add another pickleball court to Tiburon. The sport is very beneficial for seniors as they can get out, be
with friends, and enjoy the recreational opportunities in Tiburon. One court is hardly enough! Thanks for supporting this
effort.
Enid Rubin
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David Eshoo
From:Alan Rubin <alrubin@gmail.com>
Sent:Sunday, March 13, 2022 6:16 PM
To:David Eshoo
Subject:Another pickleball court for Tiburon
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Dear Mr. Eshoo:
Pickleball is the fastest growing sport in America. I am an 81 year old physician who is able to play despite some knee
problems. So many people are playing that it becomes difficult to obtain a court on many days. It would be a great
service to the people of Tiburon to provide a second court. That court could easily be placed where the 1st court is or
anywhere else you choose.
Thanks for your consideration.
Alan L Rubin, MD.
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David Eshoo
From:Belinda Macri <bamacri@yahoo.com>
Sent:Sunday, March 13, 2022 8:42 PM
To:David Eshoo
Subject:Re: Town of Tiburon POST Commission Meeting regarding Pickleball
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
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Dear David,
I am sharing that I would love the opportunity to play Pickelball right here in Tiburon. Pickelball has
become an avenue for exercise, connecting to community and stress relief.
Thank you for the consideration, I would love the possibility to play!
Kind regards,
Belinda Macri
On Sunday, March 13, 2022, 07:53:44 PM EDT, nita poonian <npoonian2000@yahoo.com> wrote:
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From: The Ranch - Jessica Hotchkiss <communication@perfectmind.com>
Date: March 13, 2022 at 4:06:34 PM PDT
To: npoonian2000@yahoo.com
Subject: Town of Tiburon POST Commission Meeting regarding Pickleball
Reply-To: The Ranch - Jessica Hotchkiss <jhotchkiss@theranchtoday.org>
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Dear 94920 Pickleball Community,
Next Tuesday, March 15th at 6:30pm via ZOOM, will (hopefully) be the last Tiburon Parks, Open Space,
and Trails (POST) commission meeting to decide whether to propose adding a pickleball court, to the
Tiburon Town Council. If you would like to voice your opinion on pickleball being added to the Point
Tiburon Courts, it is time again to send your emails to the Tiburon POST Commission. The Ranch
supports all endeavors that bring positive and healthy recreational opportunities to the community, but we
are not the decision makers in adding this amenity to a Town owned space. Please send your POST
emails to the attention of David Eshoo at deshoo@townoftiburon.org.
Best,
THE RANCH
Jessica Hotchkiss, Recreation Director
(415)435-4355 ext. 1004
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David Eshoo
From:Jeanne Bayer <jeannejbayer@gmail.com>
Sent:Sunday, March 13, 2022 8:55 PM
To:David Eshoo
Cc:Cres Van Keulen
Subject:Please NO Pickleball at Tiburon Lagoon tennis courts!
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As a Marsh Road resident I am writing in opposition to the proposed addition of Pickleball to the tennis courts.
We are already subjected to the unpleasant noise from the TPC courts, which has had an adverse effect on the quality of
life near what was previously a serene Marsh.
Please take this into consideration when voting.
Thank you.
- Jeanne Bayer
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David Eshoo
From:Fisher, Jeffrey <JFisher@fbm.com>
Sent:Sunday, March 13, 2022 9:09 PM
To:David Eshoo
Subject:A note in favor of pickleball in Tiburon
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POST Committee –
I am writing to express my support for Pickleball in Tiburon. I am a long-time tennis player and member of Tiburon
Peninsula Club. I have only started playing pickleball in the past year, but have found it to be an incredibly fun sport that
has helped many of us (and our families) through the pandemic. I am looking forward to being able to play with family
and friends for many years to come, and think it would be an enormous mistake for Tiburon to place unnecessary
restrictions on our ability to continue to play.
One of the things that I have found most enjoyable about the sport is how people of all skill levels are able to play and
enjoy being outside together. I have also found that (unlike in tennis and in many other sports) pickleball players are
uniformly happy and considerate to one another before, during and after playing. Pickleball is pretty unique in these
ways as a sport, enabling parents, kids and friends of all ages and skill levels to have fun and get some exercise together.
In short, I truly hope pickleball is here to stay in Tiburon. If there a handful of people who want to enact restrictions on
pickleball in Tiburon, I hope a reasonable solution can be found that does not take the sport away from so many of us
who have come to love it.
Thank you for your consideration.
Jeff Fisher
Jeffrey Fisher
Partner
jfisher@fbm.com
D. 415.954.4912 M. 415.307.8734
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David Eshoo
From:Andreas Neumeier <andreasxn@gmail.com>
Sent:Sunday, March 13, 2022 9:42 PM
To:David Eshoo
Subject:Fwd: Town of Tiburon POST Commission Meeting regarding Pickleball
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.
While I am a tennis player, I can appreciate pickleball and the growing interest in the sport.
The concern with adding pickleball lines and nets to the Point Tiburon courts is that it will make it even harder to get
courts on the weekends to play tennis. Prime time for pickleball and tennis are the same and it is already difficult to get
court time on a Saturday or Sunday. The pickleball lines also make it harder to play tennis and see the “right” lines.
Many communities have dedicated pickleball courts and there is space near the Point Tiburon tennis courts which could
be used for two pickleball fields.
Regards,
Andreas Neumeier
Mobile: 917 226 0024
Begin forwarded message:
From: The Ranch - Jessica Hotchkiss <communication@perfectmind.com>
Date: March 13, 2022 at 4:08:13 PM PDT
To: Andreasxn@gmail.com
Subject: Town of Tiburon POST Commission Meeting regarding Pickleball
Reply-To: The Ranch - Jessica Hotchkiss <jhotchkiss@theranchtoday.org>
Having trouble viewing this email? Click here
Dear 94920 Pickleball Community,
Next Tuesday, March 15th at 6:30pm via ZOOM, will (hopefully) be the last Tiburon Parks, Open Space,
and Trails (POST) commission meeting to decide whether to propose adding a pickleball court, to the
Tiburon Town Council. If you would like to voice your opinion on pickleball being added to the Point
Tiburon Courts, it is time again to send your emails to the Tiburon POST Commission. The Ranch
supports all endeavors that bring positive and healthy recreational opportunities to the community, but
we are not the decision makers in adding this amenity to a Town owned space. Please send your POST
emails to the attention of David Eshoo at deshoo@townoftiburon.org.
Best,
THE RANCH
Jessica Hotchkiss, Recreation Director
(415)435-4355 ext. 1004
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David Eshoo
From:C Baggs <baggsjm@outlook.com>
Sent:Sunday, March 13, 2022 10:22 PM
To:David Eshoo
Subject:Please expand pickleball access in Tiburon
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 Parks, Open Space and Trails Commission,
I am writing to ask for your support in creating additional space for pickleball in our community. It’s a great sport and its high
time our community make the necessary changes to accommodate the explosive growth in demand for court time. One court
is simply not enough to accommodate our community’s needs. Even when I look one week in advance, I am hard pressed to
find an available pickleball court. Yet, I always see empty/unreserved tennis courts.
As an example, look at reservations for the coming week at the lagoon courts: The Lagoon Right Court is fully booked. Every
time slot is already reserved one week in advance.
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In contrast, the Lagoon Left Court—the tennis court- is almost entirely available. Unreserved. An underutilized community
asset.
(Pickleball
(Tennis
3
Looking at the Pt. Tiburon courts, the story is the same. Very few courts are reserved for tennis.
Pt. Tiburon Upper Court Pt. Tiburon Lower Court
4
I don’t have stats on exactly how many residents play pickleball. And I don’t know how to quantify how many people wish
they could have reserved a court but couldn’t because they were sold out. But a quick look at the reservation tells the story.
The availability of tennis courts is inversely proportional to demand. And demand for Pickleball far outstrips demand for
tennis. The good news is that it takes very little to modify the tennis courts for additional pickleball. So, I ask that you please
consider making the minor investments necessary to meet this growing demand from our community for pickleball.
I love playing pickleball. It’s been especially important during Covid. It gets me outside exercising. And, it has introduced me
to more neighbors. It’s been an essential connection to community during a difficult time. I’ve personally seen dozens of new
friendships formed in the past few months over a shared interest in this playful sport. So, its more than simply a sport. The
game is helping us reweave the fabric of our community and I ask that POST get behind this new wave of community building
and fitness and behavioral health.
Thank you,
Chris Denniston
5
Belvedere Resident
1
David Eshoo
From:Kari Cusack <karicusack@aol.com>
Sent:Sunday, March 13, 2022 11:32 PM
To:David Eshoo
Subject:PickleBall court use
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I strongly urge the commission to support the designation of these courts for PickleBall. This sport is growing throughout the country, and the need for more
courts is crucial . Please , please - I urge you to support this . It’s not only great for the community , it is great for everyone’s health , both mentally and
physically. On the heels of being cooped up for 2 years, the need for this is imperative.
Sincerely ,
Kari Cusack
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David Eshoo
From:Jeanne Bayer <jeannejbayer@gmail.com>
Sent:Monday, March 14, 2022 7:02 AM
To:David Eshoo
Subject:Fwd: Please NO Pickleball at Tiburon Lagoon tennis courts!
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CORRECTION…..
My previous email, attached, refers to the BEACH ROAD tennis courts!
- J.B.
Sent from my iPad
Begin forwarded message:
From: Jeanne Bayer <jeannejbayer@gmail.com>
Date: March 13, 2022 at 8:55:29 PM PDT
To: deshoo@townoftiburon.org
Cc: Cres Van Keulen <cres@vkam.com>
Subject: Please NO Pickleball at Tiburon Lagoon tennis courts!
As a Marsh Road resident I am writing in opposition to the proposed addition of Pickleball to the tennis courts.
We are already subjected to the unpleasant noise from the TPC courts, which has had an adverse effect on the quality of life near what was
previously a serene Marsh.
Please take this into consideration when voting.
Thank you.
- Jeanne Bayer
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David Eshoo
From:Barbara Mccrum <barbmccrum@aol.com>
Sent:Monday, March 14, 2022 7:51 AM
To:David Eshoo
Subject:Expand pickle ball in Tiburon
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Please expand pickle ball to the point Tiburon public courts! We need more than the one court on the lagoon to play. It is a great family sport!
Thank you
Barbara Mccrum
Barbara McCrum
415-602-4512 cell
1
David Eshoo
From:Michael Coffino <michael@michaelcoffino.com>
Sent:Monday, March 14, 2022 8:00 AM
To:David Eshoo
Subject:Pickleball in Tiburon
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Good morning David,
I enthusiastically support pickleball courts in Tiburon.
From a community standpoint, pickleball has become the ultimate inclusive outdoor activity. It appeals to virtually all adults, and brings people
together like nothing I have ever seen for an outdoor activity. The age range of participants literally is from late teens to folks in their 80s.
Take a look at what happens in Novato, at the Hill outdoor pickleball courts. There, the game has spawned a community within a community, people
who never knew each other before on a first-name basis having fun and supporting each other unconditionally, no matter the degree of skill and
talent. It is a powerful illustration, so much needed in the world today, for how well people can get along, connect, and enjoy each other.
Here is another, albeit personal, example. I am in my 70s, and while I have had a long athletic life, pickleball is the first time I've been able to engage
on an even playing field in a competitive athletic activity with my two sons, both athletes in their 30s. Playing together provides us immeasurable
joy.
Pickleball, at bottom, is an enduring community builder, and every locale, Tiburon included, should do what it reasonably can to make it accessible
to the public.
Thanks for considering my input.
Michael J. Coffino
Tiburon (Mar West Street)
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David Eshoo
From:Eugenia Jesberg <eej@ejinteriordesign.com>
Sent:Monday, March 14, 2022 9:58 AM
To:David Eshoo
Subject:Pickle ball in Tiburon
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As a tennis and pickle ball player i am in favor of having at least 2 pickle ball courts available for play. I understand that noise can be of concern but i understand
that there is a sound buffer netting that can go on fences. It would also make sense to me to put pickle ball on one tennis court thus not to loose the use of 2
tennis courts.
Respectfully submitted.
Eugenia Erskine Jesberg
New Studio as of 8/1/2021
EJ Interior Design, Inc.
1640 Tiburon Blvd
Tiburon, CA 94920
p: 415.383.8333
f: 415.383.8391
c: 415.310.1494
www.ejinteriordesign.com
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David Eshoo
From:Lori Mitchell <lori95758@yahoo.com>
Sent:Monday, March 14, 2022 10:55 AM
To:David Eshoo
Cc:Jackie Brown Opiat; Cres Van Keulen
Subject:Proposed Pickle Ball Courts at Teather Park
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Dear POST Commissioners,
Please vote against pickle ball courts at Teather Park. I believe that this issue can be looked at through the lens of intelligent community design. For example, it
wouldn’t make sense to put a shooting range (driving range, etc.) next to a wildlife preserve. Yet, according to the sound study report entered into the record, a
pickle ball strike produces a popping sound in EXCESS of 60 dbl in some areas of Marsh Road ((Marsh Wildlife Reserve), and in EXCESS of 70 dbl to the North
(which can’t be protected due to elevation).
Furthermore, sound from TPC courts has already impacted the Marsh. We have seen fewer birds and deer than in the past. Noise levels would be multiplied by
existing courts at TPC courts. When reading the sound report, please consider that decibel scales are logarithmic and a difference of 10 decibels is a 10- fold
difference in sound level.
Don’t put pickle ball courts at Teather Park because tennis courts are already there, and it would be an expedient solution. Vote against them because
additional pickle ball courts are not needed at this location, and they would hurt the sensitive ecosystem.
Sincerely,
Lori Mitchell
916-612-4083
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1
David Eshoo
From:Sydney Joyner <sydneyjoyner@comcast.net>
Sent:Monday, March 14, 2022 11:25 AM
To:David Eshoo
Subject:Pickleball Courts
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To whom it may concern,
As a new, but avid pickleball player, I am strongly in favor of adding Pickleball access at Teather Park. Pickleball is growing exponentially and will continue to
grow. Access at the Tiburon courts should be a priority as any of our residents switch from tennis to pickleball or continue to play both. I do not see this trend
ending any time soon, and we should do what we can to expand access. Thank you! Best, Sydney and David Joyner
1
David Eshoo
From:Elaine Nolan <elainelnolan@me.com>
Sent:Monday, March 14, 2022 11:36 AM
To:David Eshoo
Subject:Pickleball
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Hi-
I want to voice my support of keeping & adding pickleball courts to Tiburon.
Thank you~~
Elaine Nolan
1
David Eshoo
From:ARLINGTON MCCRUM <abmcciii@aol.com>
Sent:Monday, March 14, 2022 11:52 AM
To:David Eshoo
Subject:Pickleball
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To whom it may concern:
My wife and I are in full support of having Pickleball allowed on the Tiburon public courts. We enjoy the game very
much. It is active, athletic, social and healthy. All of the benefits that were behind building the courts in the first place.
Please allow this to happen. Sincerely,
Arlington B. McCrum III "Bo"
10 Tanfield Road
Tiburon , CA 94920
415 279-2040
1
David Eshoo
From:Michael Arthur <mha_arthur@yahoo.com>
Sent:Monday, March 14, 2022 12:21 PM
To:David Eshoo
Subject:POST Meeting March 15
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David,
Once again, I am writing to lend my support for the installation of a tennis backboard and pickleball lines at Teather
Park.
According to a February 18 New York Times article, “The USA Pickleball Association estimates that more than 4.8 million
Americans played pickleball in 2021.” It is obviously a popular and growing sport.
The Marin communities of Sausalito, Mill Valley, Belvedere, Corte Madera, Greenbrae, San Rafael and Novato have all
embraced pickleball and it’s time for Tiburon to do the same.
I urge a yes vote on both pickleball and a tennis backboard at Teather Park.
Michael Arthur
1
David Eshoo
From:Donna Egeberg <donna.egeberg@gmail.com>
Sent:Monday, March 14, 2022 1:00 PM
To:David Eshoo
Subject:Tiburon Pickleball
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Dear David,
I have heard that the future of Pickleball in Tiburon is in danger. I cannot understand why this would
be. Pickleball is wildly popular all over our country.
Why would our town try to stop residents of several generations from getting exercise and trying to do
a healthy activity, as well as being social at the same time. Pickleball is being played by the older
residents as well as our children and their friends. That includes firefighters in this town.
I hope that you will see that Pickleball is a valuable activity/sport, just as is tennis. There may be a
few people who object, but they should not be allowed to jeopardize the rest of us dedicated players.
Some people can no longer play tennis due to injuries, but Pickleball has filled that void. Please do
not reject it.
Best,
Donna Egeberg
14 Auburn Ct, Tiburon
415 250-5257
donna.egeberg@gmail.com
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David Eshoo
From:Wendy Lu <wendi_lin_lu@yahoo.com>
Sent:Monday, March 14, 2022 1:41 PM
To:David Eshoo
Subject:Pickle ball in point Tiburon
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Hi David,
My husband and I are residents of Tiburon in the Hilarita area.
We’d like to voice our support for adding Pickeball to the Point Tiburon courts. It has been great having one court in the
Lagoon courts area, but it’s difficult to utilize the courts in the late afternoon as the direction of the sun would blind one
player.
Thanks for your consideration,
Wendy
1
David Eshoo
From:Marion <fitzcrew1@comcast.net>
Sent:Monday, March 14, 2022 2:51 PM
To:David Eshoo
Subject:Pickleball
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Pickleball, the fastest growing sport, is enjoyed by young and old people.
For myself, I play it 4 days a week, with friends, my son and his friends, I laugh, I relax,
and have fun. Pickleball gives you a good aerobic workout without as much stress and strain on joints and muscles.
The rules made for the Lagoon Pickleball court, play between 9-5 is totally acceptable and only one net to keep the noise down
is also ok, but then have another court in another location would be great.
Pickleball participation grew by 21.3% between 2019 and 2020, prompting the Economist to declare it "the fastest growing sport in America." 4.2
million Americans now play at least once a year. Demand for courts is exploding, with cities building new facilities and private clubs replacing tennis
courts.
Marion Fitzgerald
287 Cecilia Way
Tiburon
A friend (Karen Lindgren) texted me the following because she is out of town.
I can’t believe that the town of Tiburon would not support such an up and coming sport that is so healthy and fun to play
Everywhere in the country, people are building more and more courts. You can be very young or very old to play and enjoy. Are we just a boring
town where people want to sit and fatten up?
It sounds like that to me
Karen Lindgren
8 Felipa Court
Tiburon
1
David Eshoo
From:Leah Huehne <leah.huehne@gmail.com>
Sent:Monday, March 14, 2022 4:54 PM
To:David Eshoo
Subject:Addition of Pickeball Court
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Hello Mr. Eshoo,
I support adding pickleball to the Point Tiburon Courts.
Warm regards,
Leah Huehne
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David Eshoo
From:Jean F <jeancfair@gmail.com>
Sent:Monday, March 14, 2022 5:56 PM
To:David Eshoo
Subject:PICKLEBALL
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Please add my name to the list of people that would like to have more Pickleball courts in Tiburon. Thank you, Jean Fair
95 Sugarloaf Dr. Tiburon
1
David Eshoo
From:Janice Meisel <janice.meisel@gmail.com>
Sent:Monday, March 14, 2022 5:56 PM
To:David Eshoo
Subject:Pickle ball Courts at Point Tiburon
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To: The Tiburon POST Committee
As a new resident of Tiburon, I was happy to see that pickle ball was available to residents through The Ranch. However,
there have been many times when the courts have been full and I have been unable to get a reservation for the one
pickle ball court available. Having another court(s) at Point Tiburon would afford more players the chance to play.
Pickle ball is a great sport and fun for all ages and abilities—in fact one day when I was leaving the court a grandfather
and his young grandson were getting on the court to play. How wonderful is that! I hope the POST Committee will
agree and make this additional pickle ball space a reality.
Sincerely,
Janice Meisel
1
David Eshoo
From:smeisel@gmail.com
Sent:Monday, March 14, 2022 7:46 PM
To:David Eshoo
Subject:Fwd: Pickle ball Courts at Point Tiburon
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My spouse said it better than I ever could. It’s been so much fun playing and meeting new friends on the pickleball court.
I am strongly in favor of adding another pickleball court. Thanks for considering this matter.
Regards,
Steve Meisel
Begin forwarded message:
From: Janice Meisel <janice.meisel@gmail.com>
Subject: Pickle ball Courts at Point Tiburon
Date: March 14, 2022 at 5:56:23 PM PDT
To: deshoo@townoftiburon.org
To: The Tiburon POST Committee
As a new resident of Tiburon, I was happy to see that pickle ball was available to
residents through The Ranch. However, there have been many times when the courts
have been full and I have been unable to get a reservation for the one pickle ball court
available. Having another court(s) at Point Tiburon would afford more players the
chance to play. Pickle ball is a great sport and fun for all ages and abilities—in fact one
day when I was leaving the court a grandfather and his young grandson were getting on
the court to play. How wonderful is that! I hope the POST Committee will agree and
make this additional pickle ball space a reality.
Sincerely,
Janice Meisel
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David Eshoo
From:Drew Finnegan <dfinnegansf@gmail.com>
Sent:Monday, March 14, 2022 8:29 PM
To:David Eshoo
Subject:Pickleball Courts
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sender and know the content is safe.
To the Post Committee,
I am a 25 year resident of Tiburon and want to express my support for pickleball in the community.
Pickleball has been a great way to exercise and bond with my family. It is a healthy, low impact form of exercise, and a
great social outlet. There are very few outdoor activities in which myself and my 3 kids can enjoy together. It has helped
me overcome the depression that was associated with COVID.
With respect to the arguments from nearby homeowners that Pickleball play at the Teather Park courts is a nuisance,
the neighborhood as well as all residents of Tiburon, deal with nuisances everyday. The 3 year construction of the public
library, the road improvements on Tiburon blvd in town, the constant home improvement and new construction, as well
as delivery trucks to CVS, Woodlands, garbage pickup before 7am, Friday nights on main etc, the list goes on. Pickleball
play is nowhere nearly as loud and is only played during daylight hours.
We all endure these nuisances for the betterment of the community, not focusing on ourselves.
The complaints by nearby homeowners are inconsistent and targeted. One simply cannot single out the stoppage of
pickleball given the everyday noises and nuisances that are much higher decibel levels. We, as a community, must
support and promote healthy outlets for our citizens.
I encourage the POST to vote YES and allow the installation of one (1) Pickleball Court at Teather Park and quite
honestly, the POST should also vote YES to also install Pickleball lines and a moveable net at the Del Mar School courts in
order to provide more multi-use access to the Tiburon-Belvedere Community.
Regards,
Andrew Finnegan
684 Hawthorne Drive
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David Eshoo
From:carlins2@aol.com
Sent:Monday, March 14, 2022 8:54 PM
To:David Eshoo
Subject:Tiburon Pickleball Courts at Point Tiburon
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sender and know the content is safe.
I am writing in support of pickleball being added to the Point Tiburon Courts.
I started playing pickle ball during the covid lockdown and have found it to be a great source of
activity and socialization for all different ages and abilities.
Please allow for the Point Tiburon Courts to be added to allow for this sport to grow in our
community.
Thank you,
Lisa Carlin
Created Using
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David Eshoo
From:Karol Towns <karol@karoltowns.com>
Sent:Tuesday, March 15, 2022 7:54 AM
To:David Eshoo
Subject:Pickleball
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Hi Mr. Eshoo
I am writing to confirm that I am in favor of adding another Pickleball court to the town of Tiburon. Given that our
demographic tends to skew towards older individuals, I think it’s great that this is an activity that gets them outside,
socializing and connecting with other people which has been proven to add longevity. We should support any measures
that positively impact our citizens.
Thank you
Karol Towns (Tiburon Resident)
------
Karol Towns
karol@karoltowns.com
415-902-7765 (m)
1
David Eshoo
From:KIRSTY ELLIS <kirstydellis@gmail.com>
Sent:Tuesday, March 15, 2022 8:44 AM
To:David Eshoo
Subject:Pickleball court at Point Tiburon
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Dear Mr. Eshoo,
We would like to express our support for an additional pickleball court to be added at the Point Tiburon courts.
Pickleball is a great way for the older (and younger) demographic of our community to stay physically and socially
engaged — both of which are scientifically supported to be of benefit for physical and mental health.
The addition of this court would greatly benefit the residents of Tiburon and contribute to the wonderful lifestyle that
we are afforded living in Tiburon.
Thank you for your consideration.
Sincerely,
Kirsty Ellis
Ken Pereira
21 Southridge Drive
Tiburon
1
David Eshoo
From:Tom Graf <tom@grafcon.us>
Sent:Tuesday, March 15, 2022 9:09 AM
To:David Eshoo
Subject:Point Tiburon pickleball
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sender and know the content is safe.
Hello David - I have been a tennis key holder for a number of years. The Point Tiburon courts are very hard to
reserve on weekends, and would be far harder if one of the courts also integrated pickleball use. I would be in
favor of construction of a 3rd court at that location for pickleball access.
Thank you,
Tom
--
Tom Graf
GrafCon
P.O. Box 1105
Tiburon, CA 94920
415-290-5034
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David Eshoo
From:Caroline Bland <bland_caroline@yahoo.com>
Sent:Tuesday, March 15, 2022 9:10 AM
To:David Eshoo
Subject:Pickleball
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Dear Mr Espoo
I am writing in support of an extra Pickleball court for Tiburon. As a long time holder of a tennis key it has become
apparent that many of the courts remain unused during the day, yet it’s often difficult to get a spot on the one Pickleball
court we have here. The growing popularity of this game appears to attract players of all ages. Therefore I believe that
an extra court would encourage more people to take up this sport, and allow current players increased access to courts
without impacting tennis players.
With thanks
Caroline Bland
Sent from my iPhone
1
David Eshoo
From:Caroline Bland <bland_caroline@yahoo.com>
Sent:Tuesday, March 15, 2022 9:10 AM
To:David Eshoo
Subject:Pickleball
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Dear Mr Espoo
I am writing in support of an extra Pickleball court for Tiburon. As a long time holder of a tennis key it has become
apparent that many of the courts remain unused during the day, yet it’s often difficult to get a spot on the one Pickleball
court we have here. The growing popularity of this game appears to attract players of all ages. Therefore I believe that
an extra court would encourage more people to take up this sport, and allow current players increased access to courts
without impacting tennis players.
With thanks
Caroline Bland
Sent from my iPhone
1
David Eshoo
From:Jessica Hotchkiss <director@theranchtoday.org>
Sent:Tuesday, March 15, 2022 11:14 AM
To:David Eshoo
Subject:The Tiburon POST Committee
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From: Chip Cohan <chipcohan@gmail.com>
Sent: Monday, March 14, 2022 11:55 PM
To: Jessica Hotchkiss <director@theranchtoday.org>
Subject: Re: THE RANCH Purpose of POST Commission Meeting on 3/15/22
To: The Tiburon POST Committee
As a 20 plus year resident of Tiburon, I am happy to see that pickle ball continues to be developed for residents through
The Ranch. However, there have been many times when the courts have been full and my wife and I have been unable
to get a reservation for the one pickle ball court available. Having another court(s) at Point Tiburon would afford more
players the chance to play. Pickle ball is a great sport and fun for all ages and abilities—in fact one day when I was
leaving the court with some friends, a grandfather and his young grandson were getting on the court to play. How
wonderful is that! I hope the POST Committee will agree and make this additional pickle ball space a reality.
Sincerely,
Chip Cohan
Chip Cohan
415-317-0695
1
David Eshoo
From:Dan Fitzgerald <fitzengineering@gmail.com>
Sent:Tuesday, March 15, 2022 11:26 AM
To:David Eshoo
Cc:Davidson Kerry
Subject:New Pickleball Courts at Point Tiburon - FULLY SUPPORT THIS PROPOSED
IMPROVEMENTS
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To Town of Tiburon POST Commission Meeting and Mr. Eshoo,
Thank you for your attention to this matter.
I am fully supportive of new pickleball facilities operating in reasonable timeframes like 9 Am to 8PM ish. (8 pm would
only be used for about 3 months due to available daylight)
My wife, Kerry Davidson and I live at 180 Avenida Miraflores and are avid Pickleball players and request more courts to
benefit all.
We recognize the inconvenience of noise as we are ourselves share parking at open space but feel reasonable operation
hours will solve this.
Also I suggest the fences be lined with noise reduction screening which are standard materials of construction. I believe
the neighbors on the uphill side may be most impacted and the fences on that side of the court could possibly be raised
another 4-6 feet with screening at a relatively cost-effective price. I would not implement the extra 4-6 feet until several
months of trial runs are completed.
It’s difficult to imagine why this particular noise is so troublesome to the neighbors during reasonable hours. There does
appear to be other significant sources of background noises to these concerned neighbors. The usual 8-5 PM
Construction hours in the town of Tiburon, The proximity of Tiburon Boulevard as well as adjacent streets all provide
significant sources of background noises; including motorcycles, utility work, delivery noises to the Boardwalk, and loud
trucks at all times. Pickleball will not significantly impact the neighbors over this background noise.
I suggest the standard noise screens for the Pickleball be installed and along with reasonable hours of operation will
limit impact on our fellow neighbors.
Thank you for supporting the new Pickleball courts.
Dan Fitzgerald, PE
415-827-1972
1
David Eshoo
From:Lori Horne <lori.horne1777@gmail.com>
Sent:Tuesday, March 15, 2022 11:51 AM
To:David Eshoo
Cc:carol hartz; Mani Sigaroudi; Truth Doyle; Laura Rende
Subject:Fwd: No Pickle Ball courts at Pt. Tiburon
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To: David Eshoo, POST Commission
Please see my email below that was send to Jessica at The Ranch. She told me to forward my email to you. We are all
VERY concerned about preserving the courts at Pt. Tiburon as they current exist. It will be a detriment to tennis players
in Tiburon and Belvedere, if pickle ball courts are allowed at Pt. Tiburon where now only tennis is allowed.
Why not use the Del Mar Courts instead? They are not readily used by the public, as are the beautiful courts at Pt.
Tiburon. Please preserve the two beautiful courts for tennis only at Pt. Tiburon. There are many players that think the
same as I do and we are all very concerned.
Many thanks,
Lori Horne
Lori.Horne1777@gmail.com
415.519.6229
Begin forwarded message:
From: Lori Horne <lori.horne1777@gmail.com>
Date: March 14, 2022 at 8:27:16 PM PDT
To: communication@perfectmind.com
Cc: Carol Hartz <c_hartz@comcast.net>, Mani Sigaroudi <manisigaroudi@comcast.net>,
truthdoyle@gmail.com, Laura Rende <ldopman@gmail.com>
Subject: No Pickle Ball courts at Pt. Tiburon
Hi Jessica;
Many of us are very upset about the possibility of having a pickle ball court at one of the Pt. Tiburon
courts. These are beautiful courts for TENNIS and should remain that way. It is enough to have one of
the courts at Lagoon. Why can’t the City of Belvedere put the pickle ball court on one of the Del Mar
courts!!! Why are they not used by
Tiburon residents? Are they still used by a tennis pro in Strawberry?
Once the pickle ball lines are placed on tennis courts, it is VERY hard to play a serious game of tennis and
many of us are on leagues in Tiburon and need to practice on real tennis courts.
Many thanks for your attention to this matter.
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2
Lori Horne
Tiburon Resident, Key Holder, and tennis player.
1
David Eshoo
From:maria shuman <maria.shuman@gmail.com>
Sent:Tuesday, March 15, 2022 12:06 PM
To:David Eshoo
Subject:Proposed Pickleball Court at Teather ParkTennis Courts
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sender and know the content is safe.
Hello,
We recently purchased a home on the corner of Centro West and Esperanza and have learned of tonight's Tiburon
Parks, Open Space, and Trails (POST) commission meeting to decide whether to propose adding a pickleball court to the
tennis courts on Beach Road. I am unable to attend tonight's meeting so I am sending this email instead. I hope you are
the correct person to send it to. If not, please kindly forward it on.
I wholly oppose the effort to add pickleball to these tennis courts. As a point of reference, we can currently hear the
pickleball courts from the TPC even though there is a large hill and several houses between our home and the TPC
courts. Another pickleball court will be a second source of noise for our neighborhood. While I understand a sound
study has been conducted, I am not satisfied with its conclusions given our location and the exposure to the noise from
the TPC.
Pickleball is a recognized noise nuisance – it now must now be disclosed to potential buyers. The
quiet enjoyment of the entire neighborhood is at risk with this proposal. And, what about the
surrounding wildlife in the Railroad Marsh wildlife preserve? Do we just ignore the impact of the noise
on the preserve?
Please consider the negative impact of this noise on our community. While I recognize the need to
support recreational activities, I question the location of these activities if they negatively impact our
neighborhood, which the pickleball noise will.
Thank you for considering my point of view.
Kind Regards,
Maria Shuman
1701 Centro West Street
1
David Eshoo
From:Margaret Mason <maggie@masonbarker.com>
Sent:Tuesday, March 15, 2022 12:07 PM
To:David Eshoo
Subject:Pickleball Court at Point Tiburon
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Dear Sirs,
My name is Maggie Mason and I would love an extra pickleball court at Point Tiburon. The one court at Lagoon is not
sufficient to support the number of persons wishing to play this game. Pickleball is being adopted by all ages as a fun
way to exercise. Notably most players that I know are persons who used to play tennis but have found that tennis
injures them (knees, shoulders) so pickleball is a great alternative ball game. It’s easy to learn and easy to play.
Many thanks for your consideration,
Maggie Mason
1
David Eshoo
From:jane colwell <jkcolwell@msn.com>
Sent:Tuesday, March 15, 2022 12:17 PM
To:David Eshoo; Jon Welner; Alice Fredericks; Noah Griffin; Holli Thier; Jack Ryan
Subject:Town Council Agenda tonight
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Dear Town Council Members.
Apologies for the late email. It was only just brought to our attention that Pickleball was being discussed
tonight. We would like to express our deep desire and gratitude for keeping Pickleball accessible in our
town. It is a fast growing sport popular because it is a sport anyone can pick up at any age. Our family plays
regularly from our 15 year old daughter to our 85 year old parents. Pickleball is a safe, healthy way for
everyone to have fun and socialize. There has been enough isolation. Please do not strip the community of
this fantastic fun.
Thank you,
Jane Colwell
Dr Chris Colwell
Christopher Colwell
Peter Colwell
Ana Colwell
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1
David Eshoo
From:Dyer Grote <dyerg30@comcast.net>
Sent:Tuesday, March 15, 2022 12:51 PM
To:David Eshoo
Subject:Pickle Ball Court
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Dear Mr. Eshoo,
We have lived in Belvedere/Tiburon for over 25 years and are so excited that more pickle ball courts are being
considered. We play often and have found the sport to be a true community builder.
Please consider this email our endorsement of the idea.
Thank you,
Dyer and Rob Edington
30 Old Landing
1
David Eshoo
From:Michael Scippa <mjscippa@gmail.com>
Sent:Tuesday, March 15, 2022 1:32 PM
To:David Eshoo
Subject:Pickleball – NO!
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Greetings POST Commission Members,
My name is Michael Scippa, I am the president of the Point Tiburon Marsh HOA and a resident of Tiburon for the past 47
years.
The Point Tiburon Marsh homeowners are strongly opposed to any plan to add Pickleball courts to the Beach Road
tennis courts which are immediately adjacent to our property.
A number of our home owners already feel under siege from the obnoxious Pickleball noise from the
neighboring Tiburon Peninsula Club (TPC) just across the Railroad Marsh Pond. Additional Pickleball courts at the
proposed location would place our homes in a nasty cross-fire of unacceptable noise.
In general, the sounds from this sport are notoriously high pitched, high volume and high frequency, all of which
are guaranteed to destroy the peace and tranquility of our neighborhood. It's important to note that the sport has been
banned in many cities throughout the U.S. for that exact same reason.
Specifically, the noise is a classified nuisance that already disturbs Marsh Rd. residents. In addition, there is increasing
concern that this undesirable environmental condition must be declared and will affect the property values of our
homes.
We join with our neighbors close-by on Mar West to respectfully request that the POST
Commission and the Town abandon any plans to locate Pickleball courts near our homes.
Kind regards,
Michael Scippa, President
Point Tiburon Marsh Home Owners Association
16 Marsh Rd.
Tiburon, CA 94920
415 435-2472
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1
David Eshoo
From:Scott Parsons <scottparsons70@gmail.com>
Sent:Tuesday, March 15, 2022 2:11 PM
To:David Eshoo
Cc:Scott Parsons; Ali Parsons
Subject:Pickle Ball in Tiburon
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To the POST Committee:
I am a 12-year resident of Tiburon. I would like to trumpet my support for expanding access of Pickle Ball play in the
Tiburon – Belvedere community. The addition of at least one (1) Pickleball court (a moveable net and lines) on one of
the Teather Park tennis courts is greatly needed in order to expand the availability of Pickleball play to the
community. This is undisputable. The only court at the Lagoon which has Pickleball lines and a moveable net is
constantly booked.
I encourage the POST to vote YES and allow the installation of one (1) Pickleball Court at Teather Park and quite
honestly, the POST should also vote YES to also install Pickleball lines and a moveable net at the Del Mar School courts in
order to provide more multi-use access to the Tiburon-Belvedere Community.
Thank you!
Scott Parsons
Gilmartin Drive, Tiburon
--
Scott Parsons
scottparsons70@gmail.com
415-203-5359
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1
David Eshoo
From:Laurie James <lajames07@comcast.net>
Sent:Tuesday, March 15, 2022 2:44 PM
To:David Eshoo
Subject:LA Times Article on Pickleball
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Hi David.
I know it's probably too late for tonight's meeting but if you could forward this recent artice to the POST Committee, I'd
greatly appreciate it.
It might be helpful as they work their way through the decision making process.
Pickleball noise is pitting neighbor against neighbor - Los Angeles Times (latimes.com)
Thanks.
Laurie
1
David Eshoo
From:Elizabeth Jennings <bjtib@yahoo.com>
Sent:Tuesday, March 15, 2022 2:45 PM
To:David Eshoo
Subject:VOTE YES
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Dear Post committee
I am writing as a 23 year resident of Tuburon and former educator at Reed school.
My husband and I discovered Pickleball in dark Covid December 2020 as it was permissible to play and still be socially
distanced.
Additionally, we have played many times on the courts by Del Mar and at Teather Park.
I encourage the post to vote YES and allow the installation of pickle ball courts at Teather Park and YES for Pickleball
lines and the movable net at Delmar courts
Pickleball is the fastest growing sport in the United States, and should be a welcome, healthy addition to our sport
communities on our beautiful peninsula
Thank you for your kind support
Beth and Andy Jennings
415 465-2172
Sent from my iPhone
1
David Eshoo
From:tammywilkskornfeld@gmail.com
Sent:Tuesday, March 15, 2022 5:02 PM
To:David Eshoo
Subject:Beach Rd Pickle Ball - Opposed
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Dear Mr. Eshoo,
I live at 2211 Mar East St, Apt A. I’m writing a quick note to register my opposition to an additional pickle ball site being
added in town. My concerns are that the noise will have a negative impact on the bird sanctuary adjacent to the courts.
That’s a lovely,quiet spot that many enjoy, myself included, for bird watching and is a protected habitat. The high-
pitched noise may disturb both the birds and people who enjoy watching them.
Also, I hold a key to the “tennis” courts and strongly prefer they stay marked as such. There seems to be plenty of
availability for pickle ball at the courts across Tiburon Blvd - where a wild bird sanctuary is not located.
Thank you for your service to Tiburon.
Sincerely,
Tammy
Tammy Wilks Kornfeld
415-279-9362
Sent from my iPhone.
Please excuse any typos.
BRE# 01459526
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EXHIBIT 4
April 1, 2022—March 31, 2023
www.TheRanchToday.org
COURT LOCATIONS
• Access the courts via the gate & walking path at the corner
of Avenida Miraflores & Tiburon Blvd. Public parking is
available along Avenida Miraflores.
• Reservations are not allowed on either of these courts.
• Higgins Tennis Inc. has priority use of these courts for their
lessons.
• This location has a water fountain & portable toilet.
• Access the courts via the gate facing the Tiburon Multi-Use
Path & Tiburon Blvd. Public parking is available on Lagoon
Rd or in the free lot along Tiburon Blvd.
• Reservations are allowed for both courts.
• The Right Court is equipped with Tennis & Pickleball lines & a
mobile pickleball net. Return the pickleball net to the fence
after use.
• Higgins Tennis Inc. has priority use for their lessons.
• This location has a water fountain, but no toilet.
• Access the courts via the walkway on Beach Rd. Public
parking is available in the free lot to the left of the Lower
Court.
• Reservations are allowed for both courts.
• Absolutely no lessons are allowed on these courts.
• This location has a water fountain and a portable toilet.
KEY INFORMATION
1. Liability Release. All players play at their own risk. The Ranch office, their employees, The Ranch Board, Town of Tiburon, and
City of Belvedere will not be held liable for and are hereby released from claims of any kind for damage or injuries resulting
from the use of the courts.
2. Tennis & Pickleball Players Only No animals, bicycles, skateboards, roller blades, golf equipment, sun chairs, strollers, food, am-
plified music, or smoking are allowed on the courts.
3. Keyholders. Keyholders must be present at all times when their key is in use. Family members living at the same address may
share keys. All family members must be listed when purchasing the key. Lending keys to others is not permitted.
4. Guests. Each keyholder may entertain one guest for a singles match or three guests for a doubles match. Keyholders may not
rotate additional waiting guests on to the court.
Guests cannot be tennis pros teaching lessons.
5. Player Priority. Players with reservations have priority for that reserved day, time, and court. Players with reservations must show
up within 10 minutes of the start of their reservation time in order to keep their court reservation. Upon completion of your re-
served time, default to Court Rules #6 through #9.
Players without reservations are entitled to use the first available court. Players without reservations default to Court Rules #6
through #9.
6. Waiting Players Players waiting must be visible to those playing and to others who may be waiting, to prevent misunderstandings
between keyholders.
7. Practice Play Persons wishing to practice strokes (rally), individuals wishing to practice serves, or those using the Del Mar
backboard shall be limited to a maximum of thirty (30) minutes once others are waiting. Children are entitled to the same 30-
minute practice period. Players must relinquish the court when that 30-minute period is over. Regular play cannot follow the 30-
minute practice session when others are waiting.
8. Singles When keyholders are waiting for a court, singles may complete the set in progress or may play no more than one set
before relinquishing the court. Neither of the two singles players may play a second consecutive set if people are waiting.
9. Doubles No one may play more than two consecutive sets if players are waiting.
10. Attire Tennis shoes must be worn on the courts. No other types of shoes are allowed.
11. Trash Removed Please remove all trash and place in trash receptacles.
12. NO PRIVATE LESSONS ON ANY COURTS UNLESS IT IS AN AUTHORIZED HIGGINS TENNIS INC PROGRAM. The Ranch
strives to find a healthy balance between court time for instruction and for recreational play. Please help us provide the best
courts for our community by adhering to these court rules and policies.
COURT RULES
The Ranch manages six public courts located at Del Mar Middle School, Lagoon Road and Point Tiburon. Tennis is available on all
courts. The Lagoon Road Right Court serves as both a Tennis and Pickleball court with corresponding lines and nets for each sport. A
court key is required for entrance to all courts. Money accrued through the sale of tennis keys is used toward tennis court
maintenance, repairs and overhead.
Please help keep the courts clean by picking up your trash.
Tennis court keys for the 2022-2023 year are available for purchase online through our website or at our office located in Dairy
Knoll Center at 600 Neds Way, in Tiburon. The 2022-2023 key will function from April 1, 2022 through March 31, 2023. Old
keys can be discarded after March 31 of each year.
Court Key Pricing
$175 for 94920 residents/ $195 for non residents. Key rates decrease throughout the year.
$25 for the first replacement of a lost key. Any additional replacements will be charged the current month’s key cost.
HIGGINS TENNIS INC. Group Classes & Private Lessons
Meet Higgins Tennis Pros!
PICKLEBALL
Olga Bulycheva
Higgins Tennis pros are the only instructors allowed to teach lessons on the courts. Pros are available
for private, semi-private, and group adult or youth lessons. You can reach Higgins Tennis Inc. at
HigginsTennisOfficeCA@gmail.com or see all tennis programming currently available at
ww.TheRanchToday.org
Sanyi Szabo
FREE Round Robin Seniors Tennis Program
Location: Lagoon Road Courts in Belvedere
Drop in and pick up a game, reconnect with friends or meet new ones while playing tennis. This event is on a first come,
first served basis. All players will rotate. No instructor. All levels welcome!
Mon ongoing 9:00-11:00am
Fri ongoing 9:00-11:00am
Key holders may reserve court time at both Point Tiburon courts and both Lagoon Road courts by logging into their ac-
count at www.theranch.perfectmind.com. Reservations are not available at Del Mar Courts.
• One (1) hour can be reserved per key holder per day. Reservations may be made 24hrs to 96hrs (1 day to 4 days)
in advance of any particular time slot, to the hour. Same day reservations are not permitted.
• If the people who have reserved the court fail to appear within 10 minutes after their reserved hour, their reservation
is forfeited and any players waiting to play may take the court.
• If you would like to continue play after the completion of your reserved hour, default to rules #6 through #9.
• To cancel a reservation, call 415-435-4355 or email officeadmin@theranchtoday.org. Players who repeatedly no-
show for their reservation may have reservation privileges revoked.
ONLINE COURT RESERVATION INFORMATION
ONLINE COURT RESERVATION INSTRUCTIONS:
Please follow the below step-by-step instructions to make an online tennis court reservations.
EXHIBIT 5
From:Laura Rende
To:Town
Subject:For August 3rd Town Council Mtg - Pickleball Court Opposition
Date:Sunday, July 24, 2022 1:21:38 PM
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To Whom it May Concern:
As a Belvedere resident and Tiburon/Ranch tennis court key holder, I strongly oppose adding pickleball lines to the
Beach Rd/Teather Park tennis courts. Aside from the visual confusion created by additional lines, pickleball is much
louder than tennis and creates a noise nuisance for players on the other court as well as neighbors who are in close
proximity to these courts. Please consider alternate locations such as Del Mar school courts or the Lagoon road
court. Thank you for your consideration in NOT adding pickleball lines to the Beach Road tennis courts.
Best,
Laura Rende
1 Madrona Avenue
415-706-4625
From:Courtney Mouratoff
To:Town
Subject:for Pickleball
Date:Tuesday, August 2, 2022 2:10:12 PM
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Hello Board
We live in Tiburon on Owlswood Road and support pickleball being allowed on all public andprivate courts. We as a family play both pickleball and Tennis. Pickleball is the fastest-
growing sport for both old and young people. It makes zero sense not to allow pickleball. People who have bought or rented homes next to courts or parks should expect some noise, it
goes with the territory. I live above the lagoon. Should we not allow people to paddle boardor trampoline on the lagoon because we do not like the noise?
Thanks for your time and support of pickleball.
Courtney Mouratoff
From:Teresa Toepel
To:Town
Subject:In suppprt of Pickleball in parks!!
Date:Tuesday, August 2, 2022 11:11:06 PM
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I too am writing in support of pickleball play in Tiburon parks.
Flyers and social media posts have been circulated encouraging residents to oppose pickleball play in general and
the addition of striping tennis courts to allow more pickleball play in Tiburon. As a player of both tennis and
pickleball, I would hope that our parks system will continue to allow all activities that provide exercise and social
interaction. If sound is a concern, perhaps a formal study could be done and sound-deadening screening added to
the courts,
IF it is found that the decibel level is higher than the level allowed by city ordinance.
I have read studies that pickleball is the same decibel as a vacuum cleaner, and far less than a weed whacker.
Increasing vehicle miles travelled for residents driving to surrounding cities to play pickleball would seem a larger
environmental impact that the occasion pop of a well-struck pickleball.
Thank you for working so hard to make Tiburon the special place we all share and cherish.
Sincerely,
Teresa Toepel
2155 Paradise Dr.
Tiburon,CA 9420
From:SCOTT BENJAMIN
To:Town
Subject:Opposition to Pickleball at Beach Road Tennis Courts
Date:Tuesday, August 2, 2022 8:50:59 AM
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To the Members of the Tiburon Town Council:
I would like to voice my strong opposition to the addition of Pickleball to the Beach Rd / Teather Park / Pt. Tiburon
public tennis courts. I am a resident living in the Point Tiburon Lagoon community, which is directly adjacent to
these courts, and have previous experience living near Pickleball courts. I am thus familiar with the very significant
noise issues posed by this game (which is much louder than tennis) when it is located in the vicinity of residences. I
therefore request that the plan to provide Pickleball at this location be rejected.
I understand that complaints from neighbors about the noise from Pickleball at the Tiburon Peninsula club have
already been voiced. Consequently, I would urge the Council to consider other possible locations such as the Del
Mar School courts, where I understand The Ranch is already providing lessons.
Respectfully yours,
Scott Benjamin
40 Lagoon Vista
Tiburon, CA 94920
From:Maria Lambert
To:Town
Subject:Pickleball at tennis court on Beach Road
Date:Tuesday, August 2, 2022 11:00:22 AM
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Reference: pickleball on tennis court located on Beach Road
I am a resident of Lagoon Vista and I oppose allowing pickleball on the tennis courts located on
Beach Road, considering the very close proximity of those tennis courts to the residences on Lagoon
Vista.
I oppose this plan because of the excessive noise generated by pickleball. I think due consideration
should be given to the many residents that would be very affected by the noise. I urge the Town of
Tiburon to seek alternative locations for this game. I can’t imagine week days and weekends having
to hear that pounding noise. Please……
Thank you.
Sincerely,
Maria Lambert
14 Lagoon Vista, Tiburon
From:Sharon Donovan
To:Town
Subject:Pickleball comment for 8/17 town council meeting
Date:Wednesday, August 10, 2022 9:04:17 PM
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To the Tiburon Town Council:
I am writing in opposition to the plans for pickle ball courts at the Pt. Tiburon courts.
As I’m sure you’re aware, while pickleball may be popular, it’s also controversial, and it’s been banned in some
places because of the noise and nuisance it creates, even impacting property values. It actually exceeds Tiburon’s
own noise guidelines for parks. I know that the pickleball courts at the Tiburon Peninsula Club is already disturbing
to nearby residents. The sound is amplified in that area because of the geography. One can hear it up on the trails
around Old St. Hilary's. It’s much more pleasant to listen to the birds.
The other options are fairly simple and stratforward. Add a pickleball court to the second tennis court at the Lagoon
courts, where one court has already been converted for pickleball, and add pickleball to the Del Mar courts, where
The Ranch is already offering pickleball lessons.
Thank you,
Sharon Donovan
Tiburon
From:Marion
To:Town
Subject:Pickleball court at Point Tiburon Courts
Date:Thursday, August 4, 2022 8:29:33 AM
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I am have been a resident of Tiburon for 41 years,
I play Tennis and Pickleball.
I like to see more public Pickleball courts in Tiburon, besides
the one at Lagoon court.
If there can be 2 Pickleball courts on one tennis court at Point Tiburon I am all for it,
I think doing 4 pickleball court on a tennis court is not a good idea.
1 Noice level is too much for players and neighbors.
2 Very distracting for the other court for tennis players.
3 Very distracting playing as a Pickleball player when there are 4 courts.
Hope you will take this in consideration..
Thanks Marion
From:carol hartz
To:Town
Subject:Pickleball courts at Beach Road
Date:Monday, July 25, 2022 11:39:08 AM
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I am writing to voice my opposition to the plan to convert a tennis court at the Beach Roadlocation to pickleball. I am a resident at the Pt Tiburon Lagoon condos, a tennis key holder
and a frequent user of the courts at Beach Road. Adding pickleball lines to a tennis courtmakes it extremely confusing for tennis players. The noise produced when playing pickleball
is also very distracting and annoying to those nearby. As a resident who lives nearby, I see both tennis courts at Beach Road frequently in use,
particularly in the mornings and all day on weekends. Instead of converting a court at BeachRoad, please consider instead converting either one court at Del Mar ( which tennis players
cannot reserve) or the second court at Lagoon. Also, as a point of information, how many key holders play pickleball versus the number
who play tennis? Equity considerations should require that the number of courts reserved fortennis vs pickleball should be proportional to percentage of keyholders who play each of those
games. Regards,
Carol Hartz
From:Carolyn Dilena
To:Town
Subject:Pickleball Courts needed
Date:Thursday, August 4, 2022 11:58:52 AM
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Dear Tiburon Town Council,
I am writing in support of the proposal to add Pickleball lines to the tennis courts in Tiburon.
Pickleball is a wonderfully inclusive sport that fosters positive attitudes, friendship and cooperation.
Unlike tennis, a Pickleball player can show up at almost any Pickleball court and be invited to join in
the game. It can be played by young and old alike. Mothers and fathers can play with sons and
daughters and have a good game, regardless of age difference. People from different walks of life,
different nationalities and races, and different ages all come together for the love of the game. It is
good for the community, giving a way for older folk to come out, remain active, make new friends
and hold their own in a fun and competitive way.
Time and time again in our community I see tennis courts either empty or with a couple of players…
yet for each tennis court that is lined with Pickleball lines, that same space could be used by eight or
even sixteen people.
Currently I play at the TPC which is members only and therefore not open to all, or I drive up to
Novato and play at Hill where there are six dedicated courts. However, Hill is becoming increasingly
busy and we often have to wait ten or fifteen minutes between games to get on a court. It will only
get busier. We need our own courts here in Tiburon!
Additionally, as I travel around the US I am truly amazed at the wonderful dedicated courts that have
popped up everywhere. Small towns…big cities…urban…rural…even throughout the Cabo area of
Mexico…everyone seems to have Pickleball courts yet here in Marin and especially in Tiburon we
have almost none.
Of course, the ideal thing would be to create dedicated Pickleball courts, either by re-purposing
tennis courts or finding new places to put them…but for the time being it would be truly fantastic to
have the Tiburon tennis courts lined for Pickleball. I would be happy to contribute to the cost of roll-
on nets.
Thank you for your consideration,
Carolyn Dilena
11 Upper Cecilia Way
Tiburon
415-999-5942
From:Ann-Rose Boas
To:Town
Subject:Pickleball Courts
Date:Sunday, July 24, 2022 12:32:06 PM
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To whom it may concern. I would like to voice my concern with adding pickle ball court linesto any of the Tiburon or Belvedere courts but especially to the Beach Road, Teater Park or Pt.
Tiburon courts. When the courts are full of PB players the court is SO loud. Because the sportdoes not require as much exercise it is much more social and therefore people are SO much
louder. PB is such a fast growing sport that it has over taken some courts and prevents tennisplayer from using courts. It is so social. That means more than just the players playing show
up. The courts are flooded with people. I would suggest that no more PB courts be added toBelvedere or Tiburon.
Thank you,
Ann-Rose Boas
From:Bob Cappelloni
To:Town
Subject:Pickleball courts
Date:Tuesday, August 2, 2022 5:22:18 PM
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Hello,I am writing to register concern about locating pickleball courts on Lagoon Road.
My concerns rests with the noise that results from the sport. We have a house in Hawaii neartennis courts. When these courts are used for pickleball, the noise level increases dramatically
from the use of these courts for tennis.
Thank you for your consideration,Robert Cappelloni
21 Lagoon Vista
From:Edith Gibson
To:Town
Subject:Pickleball in parks
Date:Tuesday, August 2, 2022 3:40:43 PM
Importance:High
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I am writing in support of pickleball play in Tiburon parks.
Flyers and social media posts have been circulated encouraging residents to oppose pickleball play in general andthe addition of striping tennis courts to allow more pickleball play in Tiburon. As a player of both tennis andpickleball, I would hope that our parks system will continue to allow all activities that provide exercise and socialinteraction. If sound is a concern, perhaps a formal study could be done and sound-deadening screening added tothe courts, if it is found that the decibel level is higher than the level allowed by city ordinance.
Increasing vehicle miles travelled for residents driving to surrounding cities to play pickleball would seem a largerenvironmental impact that the occasion pop of a well-struck pickleball.
Thank you for working so hard to make Tiburon the special place we all share and cherish.
Sincerely,Eydie Gibson2153 Centro East St.Tiburon415-299-3754
From:David Grokenberger
To:Town
Subject:Pickleball in Parks
Date:Tuesday, August 2, 2022 5:24:32 PM
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Dear Town Council Members:
My name is David Grokenberger. My wife and I reside at 1B Peninsula Rd, Tiburon. We areboth avid tennis players, having competed in Senior National Open divisions. We started
playing Pickle this past year and found it rewarding as a social activity and a source ofcompetition.
The benefits of the sport and its wide range of ages participating is without debate. The use
of tennis courts to accommodate the many pickleball enthusiasts is a reasonable and necessaryuse of community recreational assets.
I understand that there is some concern regarding noise levels affecting adjoining property
owners. ( I fail to see any legitimate objection to multiple use of courts for both tennis andpickle, having played tennis for 60 years in state and national competitions.)
With regards to increased noise levels, I question the assumption that pickle play generates 90
dba of sound. Pickleball play is intermittent during the day and shot making involves softernot harder shots. Studies conclude that Pickle noise falls between 40-49 dba and others show
that noise levels without mitigation measures fall in the range of 70 dba at 100 feet from thepickle play and drops to 64 dba at 200 feet- during limited play hours.
In short a study should be completed that measures ambient noise levels (typically 50 dbas) in
residential neighborhoods and then compared to actual readings around the pickleball courtbefore the opportunity to play pickle is rejected in total. Rejection of play is a loss to seniors
and youth who are enjoying this fast growing sport.
Finally, mitigation measures can reduce noise. Such measures include:1. acoustical fencing;
2. limiting hours of play;3. Vegetation/ hedges.
Before rejecting the plan to advance recreational opportunities for residents, we encourage
pursuing the planned use of tennis courts for both tennis and pickle based on confirmed dataon noise and mitigation levels.
Sincerely yours,
David and Trina Grokenberger
From:SUSAN SCHNEIDER
To:Town
Subject:Pickleball problems
Date:Wednesday, August 10, 2022 10:20:31 PM
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To the Town Council,
As a close neighbor in the Point Tiburon Marsh Community, I am very much opposed
to the idea of opening the Beach Road/Teather Park tennis courts to pickleball.
It is simply too loud, as the crack sound of a well-hit pickleball at 90 decibels exceeds
the Town's own Noise and Land use Guidelines for parks and outdoor recreation of
70 decibels.
Since pickleball courts are half the size of a tennis court, players are closer to eachother and the ball is hit twice as often as that of a tennis ball, thereby doubling the
impact of the loud noise. This current "crack crack crack" from the Tiburon Peninsula
Club's courts on the east side of the Railroad Marsh, which can sound like gunfire
also has a negative effect on wildlife and is changing their behavior patterns awayfrom the peaceful sanctuary of the railroad marsh.
I am not asking the Town to ban pickleball as some cities have done, but to use two
Lagoon Road courts, not just the one that they have now and the Del Mar Schoolcourts, where The Ranch is already offering pickleball lessons. At Del Mar, the
residential neighbors are spread out further away from the courts and up a hill, so
they would not be impacted by the noise as the Beach Road neighbors would be
impacted. The central location of Del Mar and its proximity to more neighborhoodsmake it easily accessible to more players, with fewer vehicle miles travelled to reach
those courts.
The popular appeal of the social and physical benefits of pickleball are compellingand there are a lot of enthusiasts who are sure to be contacting you to open The
Beach Road tennis courts to pickleball, I sincerely request that instead you consider
the Lagoon Road and Del Mar School locations, which are much better suited for this
activity.
Thank you.
Susan Schneider
From:Theresa Tomasello
To:Town
Subject:Pickleball proposal on Beach Road/Pt. Tiburon public courts
Date:Tuesday, August 2, 2022 9:00:39 AM
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To the Tiburon Town Council:
As owners in the Pt. Tiburon Lagoon complex, we are vehemently opposed to the recreation department creating
pickle ball courts at the Pt. Tiburon public tennis courts that are basically located in our very backyards.
We are fully aware that a forceful Pickleball strike will generate 90 decibels of sound, clearly exceeding the Town’s
Noise & Land Use Guidelines of a maximum 70 decibels for “…neighborhood parks, tennis court, outdoor
recreation.”
The issue is that we all want a peaceful home life, and we live in Tiburon for exactly that reason among many other
reasons that allow us a wonderful quality of life. The noise generated by Pickleball and created by the whack of a
paddle against a hard, plastic ball is loud, jarring and repetitive, and constant, making it a veritable nuisance to all
residents who live close by …. and there are hundreds of residents who live close by and will be impacted.
PLEASE DO NOT APPROVE THIS ORDINANCE TO ALLOW PICKLEBALL IN OUR NEIGHBORHOOD.
WE DON’T WANT IT. IT IS AGAINST THE TOWN NOISE ORDINANCE.
Regards,
Theresa Tomasello
Robert Tomasello
Sent from my iPad
From:Michel & Holly Seifer
To:Town
Subject:Pickleball Support
Date:Tuesday, August 2, 2022 9:28:06 AM
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I am writing to the Town to voice my support of protecting Pickleball in
Belvedere & Tiburon. Pickleball is a fun, social and friendly game, with
simple rules making it easy for beginners to learn, but can develop into
a quick, fast-paced, competitive game for experienced players.
The sport can be characterized as a sport for all ages, making it a great
addition to the many other outdoor activities we have here in beautiful
Tiburon. Often, I walk by the Lagoon Courts and see lively matches with
both men and women, young and older playing together. This sport
functions as a great community builder with varied players all joining in
on the fun together.
Pickleball holds benefits for hand-eye coordination, and research
indicates it can improve movement and increase muscle
strength. Pickleball gives you a good aerobic workout without as much
stress and strain on joints and muscles. The endorphins and other
bioamines that are released with all exercise are useful in elevating self-
esteem and combating depression – both problems that can come with
older age.
There are some who find this sport a nuisance and would like to see it
go away. To them, I’d say, “Try it, you just might like it!”. It would be a
shame to see this sport, that so many have come to enjoy eliminated
because of a few who are bothered. If noise is their issue, the sport is
continually working to improve the equipment to mitigate most sound
issues. Local clubs have adopted such rules and the difference is
noticeable.
Please support Pickleball in Belvedere & Tiburon. A sport for everyone!
Thank you for your consideration,
Holly Seifer
From:Diane Keenley Gmail
To:Town
Subject:Pickleball
Date:Tuesday, August 2, 2022 7:14:15 AM
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Dear Town Council,
We write in support of Pickle Ball. It is a great sport for ALL ages. We are happy that you are painting courts for
this wonderful game. Keep up the good work to promote healthy outdoor activities for our community.
Best,
Diane, Kevin, Cate, Abby and Cal Keenley
From:Sharon Esterkyn
To:Town
Subject:Pickleball
Date:Tuesday, August 2, 2022 11:05:44 AM
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We are against having pickleball in the Beach Road tennis courts. Thank you. Dr. and Mrs.Samuel Esterkyn, 30 Lagoon Vista, Tiburon 94920
From:Gordon Hunter
To:Town
Subject:Pickleball
Date:Wednesday, August 3, 2022 5:19:24 PM
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An email from the property manager for Point Tiburon Condominiums yesterday
mentioned a Zoom call today at 5 pm to hear public opinion on having pickleball on
Beach Road. However, no link was included in his mention of the call. I could not
find any reference to this call at the Town of Tiburon website, unfortunately.
I am the owner of one of the Condos in Pt Tiburon ( #9 Lagoon Vista ) and am
strongly in favor of converting tennis to pickleball on Beach Road.
Sorry I was not able to join the call and hear the arguments for and against, but
nevertheless I would like to voice my strong support FOR.
Thanks
G
Gordon Hunter
Gordon@gordonhunter.net
Cell +1 415 699 3451
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From:Paul Gaenger
To:Town
Subject:Proposed Pickleball addition to Beach Road / Teather Park / Pt. Tiburon Tennis Courts
Date:Tuesday, August 2, 2022 8:23:06 AM
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To: Tiburon Town Council
We strongly oppose the proposal to add pickleball courts to the existing tennis facility on
Beach Road. We are residents of Pt. Tiburon. If approved we fully expect to endure annoyingand unhealthy levels of noise generated by pickleball at our residence there.
We understand that pickleball exceeds Tiburon’s noise guidelines for parks. We are surprised
and disappointed that the town council is considering this proposal without furtherenvironmental impact research to include decibel level testing in the vicinity of and various
distances from the proposed pickleball courts.
We also understand that Tiburon has alternative, more neighborhood-friendly sites to locatepickleball courts. So please consider them first.
We winter in Southwest Florida where pickleball is firmly established. Noise pollution
resulting therefrom is a continual topic of public debate pitting neighbor against neighbor. Wewould hate to see that become commonplace in our Tiburon.
Respectfully,
Paul & Cassie Gaenger
27 Lagoon VistaPoint Tiburon Lagoon
Point Tiburon Marsh Condominium Association
c/o Bayside Management 1800 Harbor Drive, Suite 100, Sausalito CA 94965 Phone 415/383-8400
Mary S. Wiegmann, CACM, ACRE, Manager mwiegmann@baysidemgmt.com
DATE: August 10, 2022
TO: Tiburon Town Council
FROM: Point Tiburon Marsh Condominium Association
RE: OPPOSITION TO PROPOSED PICKLEBALL AT TEATHER PARK / BEACH RD /
MARSH RD PUBLIC TENNIS COURTS
Dear Town Council Members,
On August 17, 2022, you are being asked to authorize use of the tennis courts on Marsh Road
(Teather Park) for Pickleball use as part of a management agreement with The Ranch. The Point
Tiburon Marsh Condominium Association remains very concerned with this proposed change in
use and respectfully request that the Town Council direct staff to consider other facilities for
expanded Pickleball activities.
As expressed below, the noise generated by Pickleball and the resulting negative effects on
property values, in addition to the lack of effective mitigation options, demonstrate that
Pickleball is an incompatible use for the Teather Park / Beach Rd. / Pt. Tiburon tennis courts.
Pickleball has been characterized as a rapidly growing sport that is very social and can be played
by all age groups. The HOA recognizes that Pickleball may be a very fun and social sport.
Doubtless, the Town Council will hear from Pickleball enthusiasts who will cite the popularity of
Pickleball as a reason for the need for more courts.
Unfortunately, Pickleball is also a notoriously noisy activity, which tends to present a nuisance
within communities unless it is enclosed or very distant from residential uses. The ball/paddle
contact of Pickleball is characterized by a much higher pitch, volume and frequency than tennis.
As described in the study prepared by Gigahertz for the POST, “the sound of a pickleball hit has
a higher pitch or tone than tennis and this ‘pop’ sound is considered more annoying to people
than the ‘thud’ of a tennis ball hit”. Since Pickleball courts are half the size of a tennis court, the
ball travels a much shorter distance between the players and is therefore struck much more
frequently. Pickleball is also, seemingly, a more socially interactive sport with more continuous
conversation and loud enthusiasm. As such, Pickleball is an inherently noisy sport that has
engendered numerous community conflicts and litigation. A simple Google search of
“Pickleball Noise” and “Pickleball Lawsuits” reveals dozens if not hundreds of documented
controversies in communities throughout the country, most often involving the local municipal
governments. As a result, Pickleball has been banned outright in many cities throughout the
U.S. The challenges surrounding Pickleball development are well detailed in this post from
Spendarian & Willis Acoustical Consultants: https://www.acousticalnoise.com/noise-
control/why-are-your-pickleball-courts-receiving-complaints-from-neighbors/
2
Of further concern is the potential for lawsuits, which is also well documented by the internet.
In an HOA Lawyer Blog, the Tinney Law Group, recommends against installing Pickleball courts
despite the interest in doing so, due to the unintended consequences of noise impacts. They
conclude: “if the association decides to move forward with the installation of the pickleball
courts, it is not a matter of if, but a question of when a lawsuit may be filed. Thus, unless the
association has an area far removed from the residences and other common area amenities, it is
likely not worth exposing the association to the increased risk of liability.”
https://hoalaw.tinnellylaw.com/pickleball-installation/
Marsh Road Courts and Surrounding Neighborhood
In the POST discussion on the matter, some Pickleball supporters argued that the residents on
Marsh Road chose to live in an area already near loud businesses and traffic, suggesting that
the noisy atmosphere would not be affected by these new activities. However, anyone walking
along Beach Road in front of the tennis courts or through our neighborhood (as many do) can
appreciate the tranquil ambience of the neighborhood. The existing and proposed conditions
diagrams of the 2020 General Plan Noise Element demonstrate that our neighborhood is well
outside the Noise Impact Area that follows Tiburon Boulevard.
The use of the park for tennis courts is fitting for the area, recreational yet not disturbing. It is
what the residents understood the use to be when they moved here. Once introduced to the
area, Pickleball will present much more intensity of sound and play than currently exists. If it
proves as popular as suggested by proponents, Pickleball games will overwhelm the quiet
ambience of Beach Road neighborhood during all daylight hours, and the immediate neighbors
will be the victims of the program’s success.
TPC Pickleball Noise Already Assaults Marsh Rd and Mar West Neighborhoods
But we do not need to speculate as to the impact for surrounding residents. As numerous
Marsh Rd. and Pt. Tiburon residents opposed to the additional Pickleball testified to the POST
Commission, TPC Pickleball noise from across the Railroad Marsh wildlife preserve has already
severely impacted the peaceful enjoyment of our East-facing patios and decks. Year-round, TPC
Pickleball play goes from dawn to dusk, seven days a week. On busy days with 16 players on
four courts, it sounds like gunfire – like a practice range for target shooting. Many residents are
unable to tolerate the noise and have given-up the use of their outdoor spaces.
TPC’s requirement that “soft” equipment be used to mitigate the noise is ineffective, ignored or
unenforced as the high-pitched “pop-pop-pop” can clearly be heard even inside homes. To
propose ADDING additional Pickleball noise to a neighborhood already under siege from TPC
Pickleball is unneighborly and unacceptable.
3
Pickleball Exceeds Town of Tiburon Noise Guidelines
It appears that the Town’s own noise and land use compatibility guidelines prohibit Pickleball in
public parks.
As noted in the GigaHertz report obtained by the POST Commission, a hard Pickleball strike will
generate 90 decibels of sound, clearly exceeding the Town’s guidelines of a maximum 70
decibels for “…neighborhood parks, tennis courts…”.
Further, all parks (including Teather Park) and the Railroad Marsh wildlife reserve are classified
as “Sensitive Receptors” most affected by noise (diagram 7.1-3 of the General Plan). This might
suggest an Environmental Analysis under CEQA would be in order before Pickleball and other
similarly noisy sport activities are permitted in the area.
TIBURON GENERAL PLAN
7.2 Noise and Land Use Compatibility Guidelines
Negative Impact on Property Values
The TPC Pickleball is a “Known Nuisance” that must now be disclosed to potential buyers. Loss
of the peaceful enjoyment of decks and patios will certainly have a negative effect on property
values. Adding yet more Pickleball at Teather Park / Beach Rd. courts so that Marsh Rd. is
4
impacted on two sides will have a further negative impact on property values and could result
in litigation, as it has in other communities.
More Suitable Locations for Pickleball Exist
Del Mar courts - During the POST hearings on Pickleball (last one March 15th), staff from The
Ranch indicated that the Del Mar courts were fully taken up by tennis and not suitable for
Pickleball, would require approval by Del Mar School, etc. Yet, on April 18th, The Ranch began
offering Pickleball instruction at the Del Mar courts through its contractor Higgins Tennis. Since
Pickleball lines will already be added to the Del Mar courts, why not allow public play there
when the court is not being used for instruction?
Lagoon Road courts – According to The Ranch, there have not been any further complaints
about the Pickleball noise on the court that has converted to Pickleball play. This may be
because the courts are located directly adjacent to Tiburon Boulevard and therefore, the
ambient noise level is suitable for Pickleball activities. Pickleball enthusiasts point to the social
aspects and comradery. Therefore, it would seem that concentrating all Pickleball on the
Lagoon courts would be a benefit.
We also understand, anecdotally, that Tennis and Pickleball are not very compatible. Not only is
the loud Pickleball noise distracting to tennis players, the Pickleball lines painted on tennis
courts are confusing and annoying. The Beach Rd. / Pt. Tiburon courts are very popular and fully
utilized on weekends (by walk-ons not included in Ranch usage reports as well as by
reservations). Converting one of the courts to Pickleball will have a very negative impact on
tennis capacity and existing tennis players will have no place to play, with Pickleball taking court
time on both the Lagoon Rd and Del Mar courts.
POST Review and Possible Mitigation
In advance of the most recent Parks Open Space and Trails (POST) Committee meeting, The
Ranch had sent out a notice to their subscriber list encouraging support for the change of use.
In their review of this request, the Parks, Open Space, and Trails (POST) Committee clearly felt
their obligation was to support the expansion of Pickleball resources but did also recognize
neighbor’s concerns to the degree that they discussed options for mitigating the potential noise
impacts to surrounding properties. In the motion to recommend installing Pickleball Courts at
Point Tiburon, they specified that it would be for a temporary “trial” period and that potential
sound mitigation measures be included for a “successful study”.
While we appreciate the recognition of the potential noise nuisance, the recommendation
provides little clarity just to how long a trial period would be, how would it work, and what the
metrics would be for determining if the use presents actual nuisance to residents or not. Our
principal concerns here are: 1) Once Pickleball lines are added, it will be difficult and expensive
to remove them; 2) if the courts are not heavily used during this initial trial period it may not
reflect the actual impact of more constant activity as usage of the court grows; and 3) it would
be incumbent on the nearby residents to monitor and demonstrate how the sound impacts our
5
lives. Once community members begin using the courts and enjoying a Pickleball routine, we
do not want to be forced into the “bad guy” role.
Again, TPC Pickleball is already serving as a “trial period” that has provoked numerous
neighborhood noise complaints. Another “trial period” is unnecessary – we already know
Pickleball is a problem.
Should the Town Council decide to proceed over the neighborhood objections, it will be
necessary to budget for mitigation measures. GigaHertz noted that both Mar West residences
and the Marsh Rd. condominiums are ~200 feet from the proposed courts. According to
Spendiarian & Willis Acoustics & Noise Control (Pickleball acoustic consultants), “courts located
within 350 feet of residential structures often require abatement.”
Possible sound mitigation techniques cited by GigaHertz:
1. Require the use of quiet gear and enforce this requirement. We note that this is a
generally infeasible solution on public courts, where it cannot be realistically enforced.
Further it is understood that “soft” equipment is generally considered to have inferior
performance to standard equipment, particularly for serious and competitive players.
2. Install sound barriers that block the line-of-sight. This is frequently employed at
locations with little elevation change and could assist to reduce noise impacts towards
the Point Tiburon Marsh community, if located along the north and west fence lines.
However, the Gigahertz study noted “there is a hill to the North that has homes
overlooking the courts. These properties are about 60 ft above the courts, making a
sound barrier near the tennis courts useless.” While this mitigation may help to reduce
impacts on our properties, the fence may worsen noise levels to the uphill neighbors.
3. Restrict the hours of play.
4. Move the Pickleball courts to another location.
Paid Court Monitoring Staff Required
Since acoustical sound walls are “useless” because of the geography, full-time staff (12
hours/day, 7 days week) would be required to enforce the use of “quiet gear” and/or restrict
the hours of play. Voluntary use of quiet gear at the Lagoon Rd. courts was completely
ineffective and abandoned by The Ranch. As mentioned previously, the TPC’s “requirement” for
soft paddles is ignored, ineffective, and unenforced.
Please Vote NO
In summary, the noise generated by Pickleball, resulting negative effects on property values,
and lack of effective mitigation options show that Pickleball is an incompatible use for the
Teather Park / Beach Rd. / Pt. Tiburon tennis courts. Therefore, the Point Tiburon Marsh
Condominium Association respectfully requests that the Town Council decline this well-
intentioned but inherently flawed proposal and direct staff to consider other facilities for
6
expanded Pickleball activities as well as any other similar sporting activities that would result in
elevated sounds levels in the area.
Should the Town Council decide to consider implementing these new activities in the area as
recommended by the POST, we ask that the Council: 1) conduct sound study and analysis based
upon actual field conditions and ambient noise levels to determine compliance with the
General Plan; 2) define the metrics and parameters of any “trial” period; and 3) either install or
set aside funding for a sound barrier along the western fence line to mitigate impacts to the
marsh wildlife and the Point Tiburon Marsh community.
From:Mani Sigaroudi
To:carol hartz
Cc:Town
Subject:Re: Pickleball courts at Beach Road
Date:Monday, July 25, 2022 2:19:00 PM
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We, many key holders are all wondering who’s idea is this mistake to ruin tennis courts for a very few Pickleballplayers!!!!!
Sent from my iPhone
> On Jul 25, 2022, at 11:39 AM, carol hartz <hartzcarol1111@gmail.com> wrote:>> I am writing to voice my opposition to the plan to convert a tennis court at the Beach Road location topickleball. I am a resident at the Pt Tiburon Lagoon condos, a tennis key holder and a frequent user of the courts atBeach Road. Adding pickleball lines to a tennis court makes it extremely confusing for tennis players. The noiseproduced when playing pickleball is also very distracting and annoying to those nearby.> As a resident who lives nearby, I see both tennis courts at Beach Road frequently in use, particularly in themornings and all day on weekends. Instead of converting a court at Beach Road, please consider instead convertingeither one court at Del Mar ( which tennis players cannot reserve) or the second court at Lagoon.> Also, as a point of information, how many key holders play pickleball versus the number who play tennis?Equity considerations should require that the number of courts reserved for tennis vs pickleball should beproportional to percentage of keyholders who play each of those games.> Regards,> Carol Hartz>>
From:Jim Fitzgerald
To:Town
Subject:REGARDING PICKLE BALL COURTS
Date:Tuesday, August 2, 2022 8:46:09 PM
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To Whom it may concern,
I’m writing this email regarding the new additional
pickleball court in Tiburon. I’m a resident of Tiburon and
an annual key holder. I play tennis weekly at Beach Road
where it is already quite competitive getting reservations
on weekend mornings. I’m very upset to learn that we
may lose a tennis court and will have to compete with the
noisy pickleball players for court time. The noise level
from pickleball is very distracting. And the additional
lines are very confusing and distracting on tennis courts.
Please leave Beach Road out of consideration! My vote is
for the Lagoon court which already has pickleball or at
Del Mar School court where The Ranch is already offering
Pickleball lessons.
Also, I have another suggestion…….. there seems to be
plenty of unused land over at Blackie’s Pasture. What is
the possibility of building new pickleball courts used only
for pickleball around Blackies Pasture?
Thank you,
Jim Fitzgerald
From:Mani Sigaroudi
To:Town
Subject:Ruining our tennis courts
Date:Sunday, July 24, 2022 6:03:35 PM
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A huge mistake.
The court in Lagoon is empty. majority of time.
Run a camera and see it for yourself.
It is a dying game and the players and ending up in physical therapy.
There are the same few people and no new players, why are you even considering ruining more tennis courts. 2 is
already taken for Your teachers. One in Lagoon is 1/2 time empty.
Bad idea
Sent from my iPhone
From:Nancy Cappelloni
To:Town
Subject:Teather Park pickleball
Date:Monday, August 1, 2022 9:30:40 AM
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Dear Town Managers and Town Council,
We have just moved to 21 Lagoon Vista at Pt. Tiburon after living in Tiburon and Belvedere since 1980!!
We are delighted with the quiet we are experiencing here and the easy quality of life.
We certainly are not opposed to anything with the tennis courts at Marsh Road. Players seem to be very
courteous and respectful.
We are, concerned, however with the addition of the proposed pickle ball being added. We have some
suggestions as neighbors who live across the street from these
courts:
Keep pickle ball at the Lagoon Road Courts.
Add pickle ball to the Del Mar Courts since the Ranch already offers classes there.
In the event that pickle ball did indeed come to the Teather Park courts, there would have to be a
time limit to when it can be played since it is noisier than
tennis (i.e. not before 9 am and not after 6 pm).
Thank you for your consideration of this point.
Nancy Cappelloni
21 Lagoon Vista
Tiburon, Ca 94920
From:Wendy Miller
To:Town; Greg Chanis
Subject:Vote No on Pickleball!
Date:Tuesday, August 2, 2022 3:19:56 PM
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Dear Manager Chanis and Tiburon Town Council,
I am a long-time Belvedere homeowner with a direct line-of-sight to the Teather Park
tennis courts. Please do NOT allow Pickleball to be installed there. Pickleball is
much louder than tennis and the noise would be a continual nuisance.
A few weeks ago someone set up a portable Pickleball set at Teather Park and the
noise was very loud and very distinctive. If allowed at Teather Park, it would impact
many residents on the eastern side of Belvedere as well as the nearby residents inTiburon.
Teather Park is smack dab amid a residential neighborhood, much of it dense multi-
unit housing. It is also very close to the hotel rooms at Tiburon Lodge. Pickleball isup to 90 decibels which is 28% higher than the 70 decibel maximum allowed by
Tiburon's Noise & Land Use Guidelines.
There are several bettter locations to add pickleball such as the Lagoon Road courtsand Del Mar courts where The Ranch is already offering Pickleball lessons.
I urge you to vote NO on The Ranch's request to allow Pickleball at Teather Park.
Respectfully,
Wendy Miller
Wendy Miller
Bella Vista Avenue
Belvedere
Respect nature, respect science, respect each other.-Thomas Friedman
August 11, 2022
Town Council,
I would like to voice my opposition to allowing Pickleball at the Teather Park Courts.
In my opinion this seems unnecessary and there’s a simple solution:
The Lagoon courts!
--The Lagoon courts already offer Pickleball, so why not expand access from one court to
two? These courts are already surrounded by noise from Tiburon Blvd and court fencing
could be lined with an insulation pad on the residential side to further reduce any noise.
--I also walk by those courts often and there appears to be ample available court time
The obvious and simple solution is to expand play at the Lagoon courts… let's not spread the
infection.
P. S. The TPC is already playing Pickleball on their lower courts creating unwanted noise to our
residences. They are doing this without a “use” permit from the Town. This needs to be
mitigated before any permit is issued.
Sincerely,
Ken James
1 Marsh Road
From:maria shuman
To:Town
Subject:Pickleball at Beach Road-No!
Date:Friday, August 12, 2022 12:07:20 PM
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Dear Town Council,
I live on Centro West Street, directly above BeachRoad / Teather Point / Pt. Tiburon. The issue ofadding Pickleball courts to the public tennis courts at this location has been brought to my
attention. I oppose the addition of Pickleball courts to this location because of its negative noise
impact on me, my neighborhood and the sourrounding area.
At my location, I already hear pickleball noise from the Tiburon Peninsula Club and find it irritating
and intrusive. Pickleball play at Beach Road will add further noise and disruption. Pickleball is not
like tennis; it is much louder and likely exceeds Tiburon's noise guidelines for outdoor recreation.
Clearly there are other options: add a pickleball court to the Lagoon Road courts where it has been
previously approved, or add Pickleball to the Del Mar Courts where Pickleball instruction already
takes place.
Please consider the impact of this noise on the neighborhood. Please prioritize the residential area
over a noisy recreational game. When other previously approved locations exist, please consider
those in lieu of further disruption in a new location.
Thank you for your consideration.
Maria Shuman
Tiburon Town Council
August 17, 2022
AI-2: Pickleball Use at Teather Park
Late Mail
Requests for Copies:
Lea Stefani, lstefani@townoftiburon.org
From:Lori Horne
To:Town
Subject:Regading Pickle Ball court on Beach Road Courts
Date:Saturday, August 13, 2022 3:00:14 PM
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To Members of the Town Council:
I understand that members of the Town Council are deciding on August 17thIf The Ranch can add one or possibly two, Pickleball Courts on the Beach Road
tennis courts.
I am writing to tell you of my opposition to this plan. I am a resident of Tiburonand have purchased a key from The Ranch to use the tennis courts for many years. These are
beautiful courts for tennis and many players have enjoyed these two courts for
years.
Adding Pickleball lines to a tennis court makes it extremely confusing for tennis
players.
Additionally, the noise produced when playing pickleball is very distracting andannoyingfor players and residents nearby. The Beach Road courts are very busy with tennis
players
especially in the mornings, and on the weekends. Providing these two courts has
beena great service to the community of Tiburon and we want our City to continue to
offer this
service.
Thank you for your consideration.
Lori Horne
Resident of Tiburon
From:Tammy Wilks Kornfeld
To:Town
Subject:Opposition to Pickleball at Beach Road/Teather Park public
Date:Saturday, August 13, 2022 8:22:18 PM
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Dear Tiburon Town Council Members:
I live at 2211 Mar East St, Apt A. I’m writing to register my opposition to an additional pickleball sitebeing added in town at the Beach Road/Teather Park public tennis courts and park. I enjoy frequenthikes in the St. Hilary Open Space and can already hear the high-pitched pickleball noise from TiburonPeninsula Club up on my walks by the church and down to the bird sanctuary (a protected habitat) that isadjacent to the tennis courts - the proposed new pickleball site. I enjoy sitting by the water there,watching the birds and enjoying the peace of that park. This additional high-pitched noise will likelydisturb both the birds and people who enjoy watching them. The noise of pickleball exceeds Tiburon'snoise guideline of a maximum of 70 decibels for its public parks by more than 25%. This guideline isintended to ensure that people can enjoy relative quiet and relaxation in the park, and neighbors can beassured there will not be unreasonable noise nuisances from the park and its activities. This beautifulpart of Tiburon is also somewhat like an amphitheater, where sound clearly travels up. Not only will theneighbors adjacent to the proposed pickleball site have a new noise nuisance to contend with butsurrounding neighbors, including the Bradley House units for senior and disabled residents, may also beimpacted by the noise as it travels uphill. In addition, homeowners would have a duty to disclose thisnew noise and unanticipated nuisance that exceeds town guidelines, which may have a negative impacton their property values.
There seems to be plenty of availability for pickleball at the courts across Tiburon Blvd or at Del Mar-where there is already traffic noise and where a wild bird sanctuary is not located.
Thank you for your service to Tiburon.
Sincerely,Tammy
Tammy Wilks Kornfeld
415.279.9362 (mobile)
BRE License #01459526
From:PJ Svanfeldt
To:Town
Date:Sunday, August 14, 2022 7:58:15 PM
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Pickleball is not only a sport.
It is also a social event.More fun for older people than
for example tennis.PJ
From:Katherine Ma
To:Town
Subject:Pickleball
Date:Sunday, August 14, 2022 9:08:04 PM
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Hello,
I’m emailing in support of expanding pickleball courts in Tiburon at Teather Park (pickleball lines and
temporary/moveable nets), as the existing lagoon courts in Belvedere are insufficient to meet the
needs of the community as pickleball popularity continues to grow. Tiburon can mitigate noise
concerns by adding acoustic fencing and requiring quiet paddle use.
Thank you!
Katherine
--
Katherine Ma(949) 275-1172 cell
katherine.b.ma@gmail.com
From:karicusack@aol.com
To:Town
Subject:In support of Pickle ball improvements
Date:Sunday, August 14, 2022 9:21:49 PM
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I am writing this email in support of adding temporary nets, painting permanent lines for pickle ball toTiburon town tennis courts. As the fastest growing sport in America, the need for more courts is necessary. I feel this sport promotescamaraderie, great exercise, and social interaction that I think is imperative to our community. Sincerely, Kari Cusack
From:Sujata Pherwani
To:Town
Subject:Pickleball courts
Date:Sunday, August 14, 2022 9:37:50 PM
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Please expand the pickle ball courts all of them around Tiburon, not sure why you would not the community to
outdoors and active.
Let more courts
Sujata
Sent from SRP’s iPad
From:Cres Van Keulen
To:Lea Dilena; Town
Cc:Cres Van Keulen
Subject:Fw: Teather Park tennis courts Pickleball
Date:Monday, August 15, 2022 7:04:58 AM
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Hello,
The email below was mis-addressed and did not make it into the public correspondence
section of the Aug 17 Town Council agenda packet:
AI-2 Pickleball Use at Teather Park EXHIBIT 5 - Correspondence
Would you please confirm that it will be added to the Late correspondence?
Many thanks,
-Cres
From: Jeanne Bayer <jeannejbayer@gmail.com>
Sent: Saturday, July 23, 2022 12:06 PM
To: town@townoftiburon.com <town@townoftiburon.com>
Subject: Teather Park tennis courts Pickleball
To Whom it May Concern:
I am writing to object most strongly to allowing Pickleball at these tennis courts.As residents of Point Tiburon Marsh, we are already constantly subjected to the annoying bat, bat,
bat from TPC. The additional noise from the nearby courts will be unbearable!
Please take this into consideration when deciding.
Thank you.- Jeanne Bayer
Sent from my iPad
From:Patricia Goss
To:Town
Subject:Pickle ball Courts
Date:Monday, August 15, 2022 10:45:26 AM
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As a resident of Point Tiburon Marsh Condominiums, I am writing to strongly urge that Pickelball not be allowed at
the Beach Road/Teather Park Courts which are adjacent to our property. Many afternoons this summer we have
been subjected to the Pickelball noise from the Tiburon Peninsula Club….the noise can go on for hours and is quite
disturbing. We know there are other, less disturbing options available to allow residents to play and I urge you to
choose one of them. Thank you, Pat Goss
Sent from my iPhone
From:Abby Harle
To:Town
Subject:Letter in Support of Pickleball
Date:Monday, August 15, 2022 10:50:07 AM
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Dear Mr. Eshoo,
I am writing in support of pickle ball in Tiburon, by expanding the courts at Teather
Park. The existing courts at Lagoon in Belvedere are no longer sufficient as the
game of pickleball is growing and will continue to do so. There are several good
options to lower the noise levels such as installing acoustic fencing and quieter
paddles.
Pickleball is a great sport for all ages young to old and is especially popular amongfamilies which is important to our great town of Tiburon. The game's popularity has
increased at a very high level in the past years. Adding pickleball courts in the
community will be a benefit to its residents.
Thank you,
Best, Abby Harle
From:Norman Spencer
To:Town
Subject:Pickleball Courts: Meeting of 8/17/22
Date:Monday, August 15, 2022 3:28:28 PM
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Town of Tiburon, As a near neighbor of the Teather Park I ask that, unless sound barriers are added to the court
area, that you NOT approve this change of use. Tennis is one thing—Pickleball is a whole different ball game. At
least triple the amount of noise!! Thank You,
Norm Spencer
415-722-4084
From:Marion
To:Town
Subject:Supporting Pickleball court
Date:Monday, August 15, 2022 12:34:37 PM
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I am have been a resident of Tiburon for 41 years,
I play Tennis and Pickleball.
I like to see more public Pickleball courts in Tiburon, besides
the one at Lagoon court.
If there can be 2 Pickleball courts on one tennis court at Point Tiburon I am all for it,
I think doing 4 pickleball court on a tennis court is not a good idea.
1 Noice level is too much for players and neighbors.
2 Very distracting for the other court for tennis players.
3 Very distracting playing as a Pickleball player when there are 4 courts.
Suggestion: My understanding is that the lower court is in consideration to add the pickleball
court. I think that the upper court would be better, because in winder months the back court on the road side is
always damp and not playable for tennis, but with a pickleball net that court can be used.
Hope you will take this in consideration..
Thanks Marion
From:Neal Toft
To:Town
Cc:"Cres Van Keulen"; "Michael Scippa"; "Ken James"
Subject:Opposition to Pickleball at Teather Park tennis Courts
Date:Monday, August 15, 2022 4:20:49 PM
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Dear Mayor Welner and Members of the Town Council,
I understand that you will be considering whether to permit Pickleball use at the Teather Park courts
and possibly directing the Public Works staff and the Ranch on implementing and managing this new
sports dynamic there.
I am a 19-year resident of Point Tiburon Marsh and a member of the HOA. My particular unit does
not have direct line-of-site to either the Teather Park courts nor the TPC (which has been hosting
unauthorized Pickleball activities for some time now). Therefore, these activities do not and would
not directly impact my day-to-day living in the unit. However, I remain opposed to changing the
historic use of these courts at this time, as it would irreversibly alter the relatively serene character
of the neighborhood (even when tennis is in play).
While I understand the desire of the Ranch and many local enthusiasts to expand the opportunities
for Pickelball play, the argument seems to be focused no how it is a rapidly growing sport and fun for
all ages. However, it presents a much different characteristic than tennis in terms of noise and
nuisance, and there is little recognition of the potential impacts to nearby residents and for the
many people who walk about and enjoy the peaceful character of the area.
My personal experience to date is that my regular walks and hikes around the Marsh, up to Old Saint
Hilary Church or Lyford Drive, and all the way to the top of the Tiburon Ridge road, take on a very
different atmosphere when Pickleball is in play at TPC. The staccato sounds of “pock-pock-pock” are
quite discernible, if not difficult to ignore, and only interrupted by occasional yells and screams. I
recognize tennis players occasionally yell and scream as well. But for some reason, the verbal
exchanges in tennis simply do not seem as intense. Maybe Pickleball is simply a much more “social”
sport as advertised. Probably the most disturbing moment was really hearing it on top of the
ridgeline – not loud, but clearly distinct above the hum of activities and traffic all around the Bay.
If Pickleball Activities occurred only once in a while in the area, I imagine the level of nuisance would
not be very great. A few annoyances here and there. My concern is simply this: The more successful
(busy) the program becomes, the greater the nuisance becomes for those residing in the area.
Imagine living with the constant “pock-pock-pock” during the nicer days of the year when everyone
should enjoy having their windows open and taking walks about the neighborhood. This is a recipe
for continued conflict and the various mitigation measures involved all sound both dubious and
expensive. As such, I urge the Council to focus Pickleball in the areas that are already
accommodating the use and are already characterized by more intense activities and traffic noise.
Neal Toft
27 Marsh Road
Tiburon, CA 94920
P,S. For those who suggest that I try Pickleball, I agree I might like it. But I would much rather walk
to Lagoon Road to play.
From:Jay Haynes
To:Town
Subject:Support Pickle Ball
Date:Tuesday, August 16, 2022 9:28:24 AM
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Hi: I am writing in support of adding pickleball court access at the Teather Park (Pt.Tiburon).
Thank you.
Jay Haynes
141 Gilmartin Drive
Tiburon, CA
From:Holly Seifer
To:Town
Subject:Pickleball support
Date:Tuesday, August 16, 2022 10:00:25 AM
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I am writing to the Town to voice my support of protecting Pickleball in
Belvedere & Tiburon. Pickleball is a fun, social and friendly game, with
simple rules making it easy for beginners to learn, but can develop into
a quick, fast-paced, competitive game for experienced players.
The sport can be characterized as a sport for all ages, making it a great
addition to the many other outdoor activities we have here in beautiful
Tiburon. Often, I walk by the Lagoon Courts and see lively matches with
both men and women, young and older playing together. This sport
functions as a great community builder with varied players all joining in
on the fun together.
Pickleball holds benefits for hand-eye coordination, and research
indicates it can improve movement and increase muscle
strength. Pickleball gives you a good aerobic workout without as much
stress and strain on joints and muscles. The endorphins and other
bioamines that are released with all exercise are useful in elevating self-
esteem and combating depression – both problems that can come with
older age.
There are some who find this sport a nuisance and would like to see it
go away. To them, I’d say, “Try it, you just might like it!”. It would be a
shame to see this sport, that so many have come to enjoy eliminated
because of a few who are bothered. If noise is their issue, the sport is
continually working to improve the equipment to mitigate most sound
issues. Local clubs have adopted such rules and the difference is
noticeable.
Please support Pickleball in Belvedere & Tiburon. A sport for everyone!
Thank you for your consideration,
Holly Seifer
Sent from my iPhone
From:Mary Sauer
To:Town
Subject:We Support pickle ball!!
Date:Tuesday, August 16, 2022 4:18:28 PM
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We support pickle in Pt Tiburon!
Mary Sauer
Annie Doris
10 Madrona
Belvedere
Sent from my iPhone
From:Jeanne Bayer
To:Town
Subject:Teather Park tennis courts Pickleball
Date:Tuesday, August 16, 2022 5:13:01 PM
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To Whom it May Concern:
I am writing to object most strongly to allowing Pickleball at these tennis courts.
As residents of Point Tiburon Marsh, we are constantly subjected to the annoying bat, bat, bat from the game at
TPC. The additional noise from the nearby courts would be unbearable!
Please take this into consideration when deciding.
Thank you.
- Jeanne Bayer
Sent from my iPad
From:Rick Rose
To:Town
Subject:In support of pickle ball
Date:Tuesday, August 16, 2022 6:41:21 PM
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I’m a 76 year old Tiburon resident for nearly 50 years who plays pickle ball twice a week. For the zoom meeting
tomorrow night, please consider this email to support the cause.
Rick Rose
Avenida Miraflores
m my iPhone
From:Brian Strunk
To:Town
Subject:Pickleball
Date:Tuesday, August 16, 2022 6:58:50 PM
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I am writing to support Pickleball in Tiberon. I feel like this is a great sport to get the residents to
socialize them know each other. Also it is where are you good for older residents who because of
orthopedic limitation screen no longer play tennis. I know you are having a zoom meeting tomorrow
night I just wanted to add my support.
Sent from my iPhone
Brian Strunk
From:Michael Arthur
To:Town
Subject:Support for Pickleball
Date:Wednesday, August 17, 2022 2:32:13 PM
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Pickleball is a fast growing sport and an activity with a minimal barrier to entry. It is a family friendly game that can
be enjoyed by participants of all ages. Due to the of the size of the court and the nature of the game it allows for all
skill levels, young and old, male and female to participate together and have a fun enjoyable and healthy experience
through this game. I personally have made many new friends and acquaintances through the sport of pickleball.
As a long time Tiburon resident and a tennis and pickleball enthusiasts, I support the addition of a pickleball court at
Teather Park. It’s time for Tiburon to approve this use of the town’s recreational assets for all its citizens. Most
communities in Marin support pickleball. There are courts in Sausalito, Mill Valley, Belvedere, Corte Madera,
Larkspur, San Rafael, Ross, and Novato. It would be a shame for Tiburon to be the only town to deny its residents
the benefits of this enjoyable sport.
I urge the council to approve the recommendation from the POST Commission to allow pickleball at Teather Park.
Sincerely,
Michael Arthur
Virginia Dr
TOWN OF TIBURON PAGE 1 OF 4
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services/Office of the Town Manager
Subject: Review of Proposal to Construct Sand Volleyball Courts and Discussion Regarding the Process and Criteria for Town Council to Consider Proposals for Improvements to Park Facilities
Reviewed By:
_________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY This is a follow up item from the May 24,2022 Council Retreat where, after hearing a brief presentation on a proposal to construct sand volleyball courts, Council directed staff to place an item on a future Council agenda to discuss the process and criteria on how the Town Council makes decisions about which facilities to build in our parks and where they should go. RECOMMENDED ACTION(S) This item has been placed on the agenda as a discussion item. Council may direct staff as to any further future actions on this matter.
BACKGROUND At the January 18, 2022 Parks, Open Space and Trails Commission (POST) meeting, Tiburon resident Matt Hart proposed a sand volleyball court(s) be constructed in Tiburon. Mr. Hart provided details for the construction including size, materials, estimated cost and suggested
locations such as RBSD Ponds, McKegney Green, South of the Knoll Park, Belveron Park, and
Bel Air Park. After discussing the proposal, POST Commissioners requested Town staff work with Mr. Hart to investigate the feasibility of a sand volleyball court near McKegney Green/South Knoll Park,
including areas that are at least 100 feet from the water and report back to POST Commission in March. Mr. Hart subsequently met with Town staff to identify possible locations and presented his
findings to POST at the March 15, 2022 meeting. Mr. Hart reported to POST he felt the best
location was the South Knoll Park area, noting the proximity to children’s playground was a positive, symbiotic relationship, often due to use of court by children if not being used by players. He stated the opportunity to update/upgrade/clean up the current playground along with adding more sport opportunity at a relatively low cost and low impact made this site most appealing.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting August 17, 2022
Agenda Item: DI-1
Town Council Meeting August 17, 2022
TOWN OF TIBURON PAGE 2 OF 4
At the conclusion of their discussion at the March 15 POST meeting, Commission members
recommended staff create a CIP Project Data Sheet for the proposal and requested that it be discussed at the Town Council Retreat for possible inclusion as a future CIP project. A copy of the agenda material for this item from the March 15 POST meeting is attached as Exhibit 1.
As requested by POST, staff presented a summary of the proposed project at the May 24, 2022 Town Council Retreat. The brief subsequent Council discussion focused on the process for generating and reviewing these types of project ideas. No specific action regarding the sand volleyball court project was provided by Council, however Council did direct staff to schedule a future Council item to discuss the process and criteria on how Town Council goes about making
decisions about which facilities to build in our parks and where they should go. ANALYSIS Sand Volleyball Proposal
As noted above, staff assisted Mr. Hart in confirming the sites selected for review met the criteria discussed at the POST meetings and did not present any obvious issues with constructability. However, no further staff analysis was conducted on the proposal. Park Facilities Project Review Process
It was a bit challenging to identify relevant information to provide Council for this item, however, staff felt it would be useful to first provide some basic information on the POST Commission. POST is the primary advisory body to Town Council, staff and other boards and commissions on matters related to Parks and Open Space, as well as Bicycle/Pedestrian issues. Chapter 2, Article
VI of the Tiburon Municipal Code, established the Tiburon Parks, Open Space & Trails (POST) Commission as an official standing body of the Town of Tiburon, and was approved by Council through adoption of Resolution No. 22-2008. A full copy of the Resolution is attached as Exhibit 2.
The Resolution sets forth the duties and functions of POST, with the relevant section reading as follows:
Duties and Functions. The duties of the POST Commission are advisory and may supplement, but not supersede, the duties of a board or commission established by ordinance. The duties
and functions of the POST Commission are established as follows:
(a) Serve as the official Bicycle-Pedestrian Advisory Committee of the Town of Tiburon, pursuant to State Transportation Control Measure No. 9 and Metropolitan Transportation Commission Resolution No. 2178, or
successors thereto. In that capacity the POST Commission shall advise
and make recommendations to the Town Council, Town Staff and other Town boards and commissions on bicycle and pedestrian matters affecting the greater Tiburon Peninsula (including the City of Belvedere, Strawberry, and any unincorporated portion of the greater Tiburon
Peninsula). The scope of “bicycle and pedestrian matters” is intentionally
broad as used herein.
Town Council Meeting August 17, 2022
TOWN OF TIBURON PAGE 3 OF 4
(b) Periodically review the Tiburon Bicycle & Pedestrian Master Plan and
make recommendations to the Planning Commission and Town Council
regarding updates to said Master Plan. (c) Periodically review the parks and recreation element of the Tiburon General Plan and make specific recommendations to the Planning
Commission and Town Council regarding contents of that element.
(d) Submit periodic recommendations to the Planning Commission and Town Council on matters of policy pertaining to park and/or open space lands under the jurisdiction of the Town, including their acquisition, maintenance, improvement, and operation.
(e) Pursuant to Chapter 18 of this Code, review and make recommendations to
the Town Council on any rules or regulations set forth by the Town Manager for parks, open space, or recreational lands under the control of the Town of Tiburon. (f) Assist with the organization and implementation of Town-sponsored or
Town-supported events such as Coastal Cleanup, public facility
dedications and fund-raisers, and similar activities. (g) Upon formal request from the Town Council, Town Staff, Planning Commission or Design Review Board, study and provide recommendations on any zoning permit or other matter involving public recreational
facilities and bicycle and pedestrian matters within the Town of Tiburon. In addition to the information on POST, history on past efforts to plan and implement projects in Town parks may also be useful to Town Council. Thanks to the efforts of POST Commissioner Angela McInerney, staff can provide Council a summary timeline of relevant events regarding
acquisition and development of the Blackie’s Pasture and Old Rail Trail corridor (Richardson Bay Lineal Park). Commissioner McInerney spent several months sifting through numerous boxes of old files, piecing together the history of various planning efforts and important events related to the development of amenities in this area. Using this information, staff has created a brief summary timeline, which is attached as Exhibit 3.
Finally, staff felt it might be helpful to include in this report a copy of the current Parks and Recreation element of the General Plan (Exhibit 4). As Council is aware, staff is in the process of updating all elements of the General Plan and Councilmembers will have the opportunity to review and adopt any desired revisions.
FINANCIAL IMPACT There is no direct fiscal impact from this item CLIMATE IMPACT
Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3).
Town Council Meeting August 17, 2022
TOWN OF TIBURON PAGE 4 OF 4
RECOMMENDATION This item has been placed on the agenda as a discussion item. Council may direct staff as to any further future actions on this matter.
Exhibit(s):
1. March 15, 2022 POST Meeting agenda material
2. Resolution No. 22-2008 3. Summary Timeline 4. Tiburon General Plan 2020 Parks and Recreation Element Prepared By: Greg Chanis, Town Manager
David Eshoo, Engineering Manager
EXHIBIT 1
TOWN OF TIBURON PAGE 1 OF 1
STAFF REPORT
To: Members of the Parks Open Space and Trails Commission
From: Department of Public Works
Subject: Beach Volleyball Court Proposal
Reviewed By:
_________________________ David Eshoo, Associate Engineer
SUMMARY POST Commission to receive an update and presentation from Matt Hart on a proposal to install a beach volleyball court in Tiburon Park space.
RECOMMENDED ACTION(S) 1. Hear Public Comments. 2. Take possible action to support and/or provide recommendations.
BACKGROUND Matt Hart will present a proposal to POST Commission to discuss installing a beach volleyball court in Tiburon Park space. Presentation is attached as Exhibit 1.
ANALYSIS
Staff offers no further analysis.
RECOMMENDATION
1. Hear Public Comments. 2. Take possible action to support and/or provide recommendations.
Exhibit(s): 1. Presentation
Prepared By: David O. Eshoo, Associate Engineer
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
POST Commission Meeting March 15, 2022 Agenda Item AI-2
Beach Volleyball Overview
& Feasibility Study
Tiburon, CA
Contents
•Suggested Locations
•Alternative Uses
•Construction Considerations
•Maintenance & Revenue
Potential
South Knoll Park - 1
Pros:Mitigates legitimate complaints from neighbors
about views, or over change of use. Complements
existing play and picnic areas.
Challenges: <100’ from bay, single court, retaining walls
and build-up of landscape around court.
South Knoll Park - 2
Pros:Two courts improve programming and
maintenance. Complements existing picnic areas and
play areas. Good wind protection. Minimizes impact to
neighbors.
Challenges: Relocation of little-kids playground and
swing set (could be qualitative pro, given current
condition of playground).
South Knoll Playground Inspiration
Status QuoStatus Quo
Inspirations from
San Francisco Parks
Inspirations from
San Francisco Parks
South Knoll Park - 3
Pros:
Challenges:Undersized, removal of trees, would
require removing trees and little-kids swing set. Does
not seem “master planned”.
McKegney Green
Pros:Complements existing active and recreation use.
Current topography lends well to building a courts.
Challenges: High profile location likely to receive opposition.
TPSC is not in supportive of sharing the field with another
user (in addition to lacrosse).
Alternative Uses
Fitness Beach Tennis Play
Construction & Timeline
•Dimensions: 50’x 80’ of sand for 1 court, or 90’ x 80’ of sand for two courts. The actual size for a standard beach volleyball court is 26'3" x 52’6”.
•Sand depth should be 1.5’ to 3’, with a gravel base and perforated PVC pipes, depending on drainage considerations. Poles are cemented into ground in ~1’x3’ bases.
•Courts can be built below or above grade. Above grade requires retaining walls and below grade would require an edge guard for transition to soil.
•Sand selection is critical to improve play, enjoyment, and minimize dust. Each court requires ~5 loads of sand from a 10-wheeler dump truck.
•Other major equipment would include Bobcat tractors, cement truck, fencing off area.
•8-10 weeks to build, assuming sidewalk and ramping work.
Maintenance & Revenue
Maintenance:
• Raking pine needles and debris, which is often done by volleyball players.
• Sausalito has had its new beach court operational for 18 months and has spent $0
in maintenance costs, and no reports of animal droppings in the sand (w/o a fence).
• Adjustable poles, which volleyball or tennis players can operate.
• Suggested Maintenance Budget of ~$1,500/Year
• Refill Sand ~$2,000 (every ~2 years, and can reduce costs working with Piper, COM, Dunphy to refill at the same time)
• Replace Nets, Lines, Pads ~$2,000 (after ~5 years of use)
Revenue Potential:
• The Ranch currently runs an adult league at Piper Park and is interested in adding programs in Tiburon.
• Piper & Dunphy Parks rent their courts for ~$40/hour.
• Local junior beach programs charge $50/lesson, or up to $3,600 per season of
training with professional coaches.
• Marin Sports Social charges $280/4-person team for 7 game season.
• Marin Catholic and/or Tam High would likely be interested in renting for a club team if we built a 2 to 3 court facility.
1
David Eshoo
From:Andy Wisner <wisner@rocketmail.com>
Sent:Tuesday, March 15, 2022 5:19 PM
To:David Eshoo
Subject:Volleyball courts in Tiburon
[You don't often get email from wisner@rocketmail.com. Learn why this is important at
http://aka.ms/LearnAboutSenderIdentification.]
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.
Hi David,
I hear there’s been discussion of putting sand volleyball courts in tiburon parks.
I would like to voice my family’s whole hearted support of any such effort.
Thank you,
Andy Wisner
10 Apollo Road
415-297-7584
EXHIBIT 2
Tiburon Town Council Resolution No. 22-2008 04/16/2008 1
RESOLUTION NO. 22-2008
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON ESTABLISHING THE
TIBURON PARKS, OPEN SPACE & TRAILS COMMISSION
AS AN OFFICIAL STANDING BODY OF THE TOWN OF TIBURON
WHEREAS, in 1970 , by adoption of Ordinance No. 63 N.S., the Tiburon City
Council created a Parks & Recreation Commission, subsequently renamed the Parks & Open
Space Commission, among whose duties were to develop a master plan for open space,
hiking trails, paths, parks and playground and recreational areas for the recently-incorporated
and rapidly growing municipality; and
WHEREAS, in 1990, by adoption of Ordinance No. 360 N.S., the Town Council re-
structured the Parks & Open Space Commission and assigned revised duties for this body,
reflecting the slowing pace of development and the transition away from large-scale
acquisition of public parks and open spaces; and
WHEREAS, in 1999, the Town constituted an ad-hoc Bicycle Pedestrian Advisory
Committee (BPAC) to develop the bicycle and pedestrian portions of the Tiburon element of
the Marin County Master Congestion Management Plan; and
WHEREAS, in July 2004, the Town Council adopted Resolution No. 41-2004 re-
constituting the membership and reaffirming and expanding the role of the BPAC; and
WHEREAS, the Town Council recognizes the continuing evolution of the community
and the need to periodically review, reassess and reformulate the role of appointed advisory
boards, committees, and commissions; and
WHEREAS, the Town Council has determined that opportunities exist to reformulate
certain appointed advisory bodies in order to reduce duplication of effort and improve
efficiency of limited Town resources and staffing; and
WHEREAS, the Town Council has determined that considerable overlap of advisory
review authority exists between the Parks & Open Space Commission and the Bicycle-
Pedestrian Advisory Committee and that a restructuring and consolidation of these appointed
bodies into a new Parks, Open Space & Trails (POST) Commission is appropriate at this
time; and
WHEREAS, the Town Council has initiated by ordinance the dissolution of the Parks
& Open Space Commission, and herein resolves to disband the Bicycle-Pedestrian Advisory
Committee in its current form as well.
NOW, THEREFORE, BE IT RESOLVED that Resolution No. 41-2004, adopted by
the Town Council on July 21, 2004 and setting forth the expanded role of the Bicycle-
Pedestrian Advisory Committee, is hereby rescinded.
Tiburon Town Council Resolution No. 22-2008 04/16/2008 2
BE IT FURTHER RESOLVED that the Town Council hereby dissolves the ad-hoc
Lanes and Paths Committee, appointed December 6, 2000, effective immediately.
BE IT FURTHER RESOLVED that the Town Council, pursuant to Chapter 2, Article
VI of the Tiburon Municipal Code, does hereby establish the Tiburon Parks, Open Space &
Trails (POST) Commission as an official standing body of the Town of Tiburon and sets
forth its duties and qualifications, procedures for appointment and removal, terms of office,
and other such information as necessary for the proper appointment and functioning of the
POST Commission, as follows:
1. Duties and Functions. The duties of the POST Commission are advisory and
may supplement, but not supersede, the duties of a board or commission
established by ordinance. The duties and functions of the POST Commission
are established as follows:
(a) Serve as the official Bicycle-Pedestrian Advisory Committee of the
Town of Tiburon, pursuant to State Transportation Control Measure
No. 9 and Metropolitan Transportation Commission Resolution No.
2178, or successors thereto. In that capacity the POST Commission
shall advise and make recommendations to the Town Council, Town
Staff and other Town boards and commissions on bicycle and
pedestrian matters affecting the greater Tiburon Peninsula (including
the City of Belvedere, Strawberry, and any unincorporated portion of
the greater Tiburon Peninsula). The scope of “bicycle and pedestrian
matters” is intentionally broad as used herein.
(b) Periodically review the Tiburon Bicycle & Pedestrian Master Plan, and
make recommendations to the Planning Commission and Town
Council regarding updates to said Master Plan.
(c) Periodically review the parks and recreation element of the Tiburon
General Plan and make specific recommendations to the Planning
Commission and Town Council regarding contents of that element.
(d) Submit periodic recommendations to the Planning Commission and
Town Council on matters of policy pertaining to park and/or open
space lands under the jurisdiction of the Town, including their
acquisition, maintenance, improvement, and operation.
(e) Pursuant to Chapter 18 of this Code, review and make
recommendations to the Town Council on any rules or regulations set
forth by the Town Manager for parks, open space, or recreational lands
under the control of the Town of Tiburon.
(f) Assist with the organization and implementation of Town-sponsored
or Town-supported events such as Coastal Cleanup, public facility
dedications and fund-raisers, and similar activities.
(g) Upon formal request from the Town Council, Town Staff, Planning
Commission or Design Review Board, study and provide
recommendations on any zoning permit or other matter involving
public recreational facilities and bicycle and pedestrian matters within
the Town of Tiburon.
Tiburon Town Council Resolution No. 22-2008 04/16/2008 3
2. Membership & Qualifications. The POST Commission shall initially be
comprised of five (5) members whose qualifications shall be as follows:
(a) Four (4) members who must live in the Town of Tiburon.
(b) One (1) member who may live or work in Tiburon or on the greater
Tiburon Peninsula (including the Town of Tiburon, City of Belvedere,
Strawberry, or any other unincorporated portion of the Tiburon
Peninsula) and has knowledge and/or experience with bicycle and/or
pedestrian issues.
(c) Any non-Tiburon resident member shall recuse himself or herself from
an item in those instances where there is a perceived conflict of
interest with Belvedere, the Strawberry area, the Paradise Drive
unincorporated area or wherever (outside of Tiburon) the member
resides or owns property.
3. Appointment and Removal of Members. Members shall be appointed by the
affirmative vote of a majority of the Town Council, and may be removed by
affirmative vote of a majority of the Town Council.
4. Terms. The term of office of the POST Commission members shall be four (4)
years, except that to promote continuity of experience and expertise, the initial
appointments shall be staggered terms as follows:
a. Two (2) members shall be appointed to terms that expire on the last day of
February, 2010;
b. One (1) member shall be appointed to a term that expires on the last day of
February, 2011;
c. Two (2) members shall be appointed to terms that expire on the last day of
February, 2012.
All subsequent appointments shall be for terms of four (4) years, except that
appointments to fill a vacancy where there is an unexpired term shall be for the
balance of the unexpired term only.
5. Procedures. The POST Commission shall annually elect its own officers, which
shall be a Chairman and a Vice-Chairman, and shall adopt such rules and
regulations as it may deem necessary for the conduct of its duties. Election of
officers shall be at the first meeting held after June 30 of each year. The POST
Commission shall have the authority to appoint subcommittees of less than a
quorum of its members, either standing or ad hoc, as it deems necessary or
appropriate to fulfill its duties.
6. Staffing. The Town Manager or a Town Manager-designated representative or
representatives shall serve as staff to the POST Commission and as liaison
between the POST Commission and Town Council, Town Staff, and other Town
boards and commissions, and shall also serve as an ex-officio recording secretary
for the POST Commission.
Tiburon Town Council Resolution No. 22-2008 04/16/2008 4
7. Meetings. The POST Commission shall adopt a regular schedule of meetings and
should meet at least quarterly, but may meet more or less often as needed.
Meetings are subject to State of California open meeting laws (i.e., the Brown
Act) and shall be open to the public and notices of meetings shall be posted and
distributed in accordance with state law.
BE IT FURTHER RESOLVED that the Town Council hereby directs that henceforth,
for prospective use purposes, all references in Town documents to the “Parks and Open
Space Commission” shall mean the “Parks, Open Space & Trails Commission”.
BE IT FURTHER RESOLVED that this Resolution shall go into effect on May 16,
2008, coincident with the effective date of the ordinance dissolving the Parks & Open Space
Commission.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on April 16, 2008, by the following vote:
AYES: COUNCILMEMBERS: Berger, Collins, Fredericks, Gram, Slavitz
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
___________________________
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
_____________________________________
DIANE CRANE IACOPI, TOWN CLERK
S:\Administration\Town Council Resolutions
EXHIBIT 3
Summary Timeline of Significant Events Related to The Development of the Richardson Bay Lineal Park (Blackies Pasture-Old Rail Trail)
1964 Tiburon Incorporates 1965 Parks and Recreation Commission created
1966 Blackie passes away
1967 Last train leaves Tiburon 1968 Blackie’s Pasture designated as a future park
1971-1975- most of land for Richardson Bay Lineal Park is acquired 1973-1974, 1975-76 & 1978 - 2.5 mile path along Richardson Bay, an old Railroad Right-of-way is opened for pedestrians and cyclists.
1972 Town contracts with Sasaki- Walker Associates to prepare a precise plan for development of Richardson Bay Lineal Park. This report was accepted by the Town, but not adopted as policy
1976 McKegney Green opens
1977 Richardson Bay Lineal Park Master Plan Concept- Developed after reviewing the Sasaki-Walker Plan, the Parks and Recreation Element of the Tiburon General Plan, the 1978 “needs assessment survey", and the Richardson Bay Lineal Park Master Plan concept as accepted
March 3, 1977
1978 Council modified the Master Plan Concept. 1980 Town Council adopted the Master Plan for the Lineal Park (January 16, 1980)
While working on the Precise Plan, the Planning Commission recommended that only the South
of Knoll Precise Plan as amended by the Parks and Recreation Commission be approved. 1980 Resolution 1117 - The South of the Knoll portion of the RBLP was approved
1982 Town Council Resolution 2069- “Development Plan for Blackie’s Pasture”
1985 Resolution 2325- Amendments to 1982 plan and Town hires landscape consultant to develop plan for park (Never implemented due to high cost)
1990 POST Commission requests proposal for development plan
includes partial restoration of the salt marsh and park development 1991 Town Council awards contract to design conceptual concept for Blackie’s Pasture
1992 Resolution 2851 - Additional amendments to 1982 plan
1994 South Knoll Playground opens 1995 Statue of Blackie is installed
2011 Council rescinds Resolutions 2069, 2325, and 2851
Staff would like to extend a huge thank you to POST Commissioner Angela McInerney for her heroic efforts in compiling this information.
EXHIBIT 4
TOWN OF TIBURON PAGE 1 OF 4
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Single-Use Foodware Ban: Introduction and First Reading of Ordinance
Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY The Council will consider first reading of an ordinance that would require all entities selling prepared
food to use reusable or compostable foodware. RECOMMENDED ACTION(S) 1. Hold a public hearing on the draft ordinance (Exhibit 1), and consider any testimony. Make a motion to read by title only and carry the motion. Introduce the ordinance by reading the title of the ordinance. Hold a roll call vote to pass first reading of the ordinance, waiving additional
readings. If the ordinance is passed for first reading, the ordinance will be scheduled for adoption at the next regular meeting of the Council. 2. Authorize the Town Manager to execute the Memorandum of Understanding (Exhibit 2) with the County of Marin authorizing and delegating enforcement of the ordinance to the Marin County Environmental Health Services Division.
BACKGROUND Litter that is left on the streets and sidewalks can collect in gutters, storm drains, and creeks and ultimately gets discharged into San Francisco Bay and other water bodies, which results in a
major environmental quality and compliance concern in Marin County and the entire Bay Area.
Certain components of litter – including single-use plastic foodware – have been identified locally, regionally, and state-wide as being particularly problematic. On May 10, 2022, the County of Marin adopted a Reusable Foodware Ordinance that would
require packaging for prepared food or takeout food to be reusable or compostable, and would
prohibit plastic foodware. The County conducted an extensive ordinance development process and has created a model ordinance for jurisdictional adoption, with the goal that all jurisdictions in Marin would adopt this same ordinance. Adoption of this model ordinance would level the playing field for food facility operators across the County by adopting the same requirements,
ensuring consistent enforcement, and minimizing confusion for consumers and food service
providers.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting August 17, 2022
Agenda Item: PH-1
Town Council Meeting August 17, 2022
TOWN OF TIBURON PAGE 2 OF 4
On May 18, 2022, the Town Council discussed the County’s Reusable Foodware Ordinance and agreed to consider adoption of the model ordinance. The draft ordinance (Exhibit 1) now comes before the Council for introduction and first reading.
ANALYSIS The proposed ordinance would cover all entities selling prepared food to the public in the Town, including restaurants, grocery stores and delis, bakeries, carry-out, quick services, farmers
markets, food trucks, and any other business that requires a health permit.
The proposed ordinance contains six key features and uses the hierarchy of: reusables are best, natural-fiber compostable foodware is compliant, and single-use plastics, including bioplastics, are prohibited. The ordinance only allows fiber-based compostable foodware as compliant
alternatives because the compost facility at the Redwood Landfill will not accept bioplastics
given its status as an organic compost production facility. The ordinance key features include:
1. Takeout disposable foodware must be natural-fiber compostable (no bio or “compostable”
plastics). Takeout foodware must be certified by the Biodegradable Products Institute (BPI). Aluminum is allowed. “Foodware” means all containers, bowls, plates, food trays, cups, lids, boxes, and other like items that are used for prepared foods, including without limitation, foodware for takeout foods and/or leftovers from partially consumed meals
prepared by food vendors.
2. Takeout foodware accessories must be natural-fiber compostable and available only upon request or at a self-serve takeout station. Food vendors shall provide plastic straws only on request, to accommodate any person’s access needs. Foodware accessories means types of items usually provided alongside prepared food including but not limited to forks,
spoons, knives, chopsticks, napkins, cup sleeves, food wrappers, beverage trays,
condiment containers, straws, stirrers, splash sticks, cocktail sticks, toothpicks, tray-liners, and plate-liners. 3. Reusable foodware and utensils must be used if a customer is dining in at a restaurant. Natural-fiber compostable accessories can be provided upon request.
4. All food vendors shall charge customers twenty-five cents ($0.25) at the point of sale for
every non-reusable cup provided. Income from the non-reusable cup charge shall be retained by the food vendor. Exemptions are available for Cal Fresh/SNAP and WIC customers. 5. All food vendors who provide solid waste containers for customer use, must provide
separate receptacles for solid waste, recyclables, and organics. Receptacles must have
graphic-rich signage. This is a requirement of state laws AB 827 and SB 1383 and would enable customers and employees to properly sort waste. 6. Temporary exemptions will be provided via a Countywide list if compliant products are not available for certain foodware or foodware accessories.
Enforcement of the ordinance begins on November 10, 2023, eighteen (18) months after adoption of the County ordinance on May 10, 2022, to give businesses time to switch sourcing of supplies and deplete existing stock. As outlined in the ordinance (Exhibit 1) and memorandum of
Town Council Meeting August 17, 2022
TOWN OF TIBURON PAGE 3 OF 4
understanding (Exhibit 2), the Town authorizes the County of Marin to enforce the ordinance on behalf of the Town. Implementation
The proposed ordinance would take a proactive approach via the County’s Environmental Health Division by educating all retail food facility owners regularly of the requirements of the proposed ordinance and taking enforcement action only as necessary. This has the potential to result in greater overall levels of compliance, to allow for fairer competition among food vendors, and to
have the benefit of staying power because there would be regular education and outreach on an
annual basis. The Environmental Health Services Division (EHS) is in a unique position to provide proactive outreach during already scheduled visits to businesses as part of its food program.
Enforcement will include written notice of non-compliance and a reasonable opportunity to
correct, prior to issuance of any penalty. Should foodware or foodware accessories made of compliant compostable natural fiber not be commercially available, as determined by the EHS Director or their designee, the County may approve a temporary exemption of specific nonreusable foodware or foodware accessories items until they are made commercially available
on behalf of the Town. The County will maintain a list, updated annually, with foodware and/or
foodware accessories deemed not be available commercially. Public Input
During the County’s ordinance process, the County conducted extensive outreach including
development of a technical assistance and grant program, creation of a website with draft ordinance materials and resources, distribution of community and business surveys in English and Spanish, and hosting a variety of meetings and workshops. These materials and meetings were available to all businesses and residents in the County (including the Town). The City of
San Rafael also completed extensive interviews with over 50 business owners or administrators.
Recent State Regulations Adoption of the proposed ordinance would also assist the Town and Marin businesses in
complying with recent state waste related legislation including Assembly Bills 1276, 1200, and
1201. These bills were signed into law by Governor Newsom in October 2021 and address compostable foodware accessories distribution, composition and labeling. The Town’s proposed ordinance is in alignment with all three of these new laws which go into effect in 2022, 2023, and 2024. The Town’s proposed ordinance is also in compliance with AB 827 which requires food
service businesses to provide customers with easily accessible recycling and organics collection
bins. FINANCIAL IMPACT
Financial impacts of implementation are expected to be minimal as a result of adopting the
proposed Ordinance. If the Town adopts the County’s model ordinance without changes (other than adding the Town name and specific information), and within twelve (12) months of County adoption (by May 10, 2023), the County’s Environmental Health Division will take on the role of
Town Council Meeting August 17, 2022
TOWN OF TIBURON PAGE 4 OF 4
enforcement through the food inspection program and the one-time enforcement fees would be waived. If the Town adopts the ordinance after the twelve (12) month period following County adoption
(after May 10, 2023), the Town’s fee in the amount of $3,209 would be assessed for adoption of
the ordinance and seeking enforcement from the County. The fee was calculated based on the time and resources needed to revise the County’s EHS Division systems to include additional businesses after the initial development period (estimated as 0.5 hours per food facility). The fee is scaled based on the number of food facility operators within the jurisdiction.
CLIMATE IMPACT Staff has determined adoption of this ordinance to be consistent with the Town’s Climate Action Plan strategies to mitigate and adapt to climate change by reducing waste.
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. Hold a public hearing on the draft ordinance (Exhibit 1), and consider any testimony.
Make a motion to read by title only and carry the motion. Introduce the ordinance by
reading the title of the ordinance. Hold a roll call vote to pass first reading of the ordinance, waiving additional readings. If the ordinance is passed for first reading, the ordinance will be scheduled for adoption at the next regular meeting of the Council.
2. Authorize the Town Manager to execute the Memorandum of Understanding (Exhibit 2)
with the County of Marin authorizing and delegating enforcement of the ordinance to the
Marin County Environmental Health Services Division.
Exhibit(s): 1. Draft Ordinance 2. Memorandum of Understanding Prepared By: Lea Stefani, Town Clerk
EXHIBIT 1
Page 1 of 8
Town Council Ordinance No. XXX N.S. Effective Date xx/xx/2022
DRAFT ORDINANCE NO. XXX N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REQUIRING ALL FOOD FACILITY VENDORS TO USE REUSABLE FOODWARE FOR DINE-IN OPERATIONS AND COMPLIANT COMPOSTABLE FOODWARE FOR TAKE-OUT SERVICES SECTION I. FINDINGS WHEREAS, the Town of Tiburon has a desire and responsibility to protect the health, welfare, and safety of its citizens and economy. The proliferation of non-reusable (or disposable) foodware, packaging, and plastics has contributed to street litter, ocean pollution, marine, and other wildlife harm along with the greenhouse gas emissions from the production of the disposable materials.
WHEREAS, using reusable dishware significantly reduces the generation of unnecessary waste, and in most applications saves money, reduces disposal costs, and improves customer experience.
WHEREAS, reducing the generation of non-reusable foodware including plastic utensils, plastic cups, plastic clamshells, and plastic straws maximizes the operating life of landfills, reduces litter, and helps to
lessen the economic and environmental costs of managing waste. This will also help protect the Town of Tiburon’s environment from contamination and degradation making it a cleaner, healthier region to all citizens and visitors. WHEREAS, non-reusable foodware threatens public health because many types contain fluorinated chemical additives are known or suspected carcinogens or endocrine disruptors. These additives are known to leach from foodware into food and beverage containers and into compost, soil, and water. WHEREAS, numerous jurisdictions in the San Francisco Bay Area and the State of California have adopted legislation reducing the use of non-reusable food packaging with local and national businesses successfully replacing single-use food packaging with affordable durable and reusable foodware or, when
needed, compliant compostable fiber foodware products. WHEREAS, on May 10, 2022, the County of Marin adopted a local Reusable Foodware Ordinance which includes language offering enforcement services via the Environmental Health Services Food Program for cities/towns adopting the same ordinance for the food vendors in their jurisdictions. WHEREAS, the Town of Tiburon wishes to utilize the enforcement services offered by the County of Marin through the County’s Environmental Health Services Food Program. NOW, THEREFORE, based on the foregoing, the Town Council of the Town of Tiburon ordains as follows: SECTION II. Chapter 10B of the Town of Tiburon Municipal Code is added as follows: Chapter 10B – Reusable Foodware Ordinance 10B.010 - Definitions.
(a) “BPI Certified” means those Compostable fiber Foodware products that have been certified by the Biodegradable Products Institute (BPI) to safely and readily biodegrade in an industrial composting
Page 2 of 8
Town Council Ordinance No. XXX N.S. Effective Date xx/xx/2022
facility in the typical processing time. As of January 1, 2020, BPI ensures all certified products are Fluorinated Chemical free.
(b) “Compliant Non-Reusable Foodware” means that an item or product intended for disposal after one use and is: (1) accepted by the County through its composting collection program as Compostable as identified by the Deputy Director of Environmental Health Services or their designee; (2) is certified by either BPI Certified or other third party product certification recognized by the County through its Deputy Director of Environmental Health Services or their designee to ensure the item is free of harmful chemicals including but not limited to Fluorinated Chemicals, that may have been used in foodware manufacture, and is (3) made entirely of Natural Fiber, as defined that term is below, and including but not limited to paper, wood, or sugarcane fibers. (c) “Compliant Foodware Accessory” means that an item or material is (1) accepted in Marin County
composting collection program as Compostable; and is (2) made entirely of Natural Fiber. (d) “Compost Facility” means compost facilities used by the Town of Tiburon’s current waste haulers
for composting organic material. (e) “Compostable” means an item or material (1) will break down, or otherwise become part of usable
compost in a safe and timely manner and (2) is Natural Fiber-based or made from other materials approved by the Deputy Director of Environmental Health Services or designee. (f) “Compostable Plastics or Biodegradable Plastics” means the disposable products developed from polylactic acid (PLA), which require a specific set of conditions to compost and/or biodegrade that do not exist in the County or the region. These products are considered non-compliant. (g) “Town” means the Town of Tiburon. (h) “Town Facility” means any building or structure owned, leased, or operated by the Town of Tiburon.
(i) “Customer” means any person obtaining Prepared Food from a Food Vendor. (j) “Director” means the Deputy Director of Environmental Health Services or their designee. (k) “Disposable (or Non-Reusable) Cup” means a beverage cup designed for single-use to serve
beverages such as water, hot and cold drinks, and alcoholic beverages. (l) “Effective Date” means 30 days after adoption of this ordinance. (m) “EPS” means expanded polystyrene, also known as Polystyrene Foam. (n) “Fluorinated Chemical” means a class of fluorinated organic compounds containing at least one (1) fully fluorinated carbon atom, also known as perfluoroalkyl (PFOA) and polyfluoroalkyl (PFOS) substances, or PFAS chemicals. California Prop 65 lists PFOA and PFOS as reproductive toxicants.
(o) “Foodware” means all containers, bowls, plates, food trays, cups, lids, boxes, and other like items that are used for Prepared Foods, including without limitation, Foodware for takeout foods and/or leftovers from partially consumed meals prepared by Food Vendors.
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(p) “Foodware Accessories” means types of items usually provided alongside Prepared Food including but not limited to forks, spoons, knives, chopsticks, napkins, cup sleeves, food wrappers,
beverage trays, condiment containers, straws, stirrers, splash sticks, cocktail sticks, toothpicks, tray-liners, and plate-liners. (q) “Food Vendor” means all vendors as described in the California Retail Food Code section 113789. This includes but is not limited to a: restaurant, bar, grocery store, delicatessen, bakery, food service establishment (carry out, quick service, full-service), public and private schools, food truck, itinerant restaurants, pushcart, farmers market, caterer, microenterprise home kitchen operations, cottage food operations, selling Prepared Food to be consumed on and off the premises located or operating within the Town of Tiburon. (r) “Natural Fiber” means a plant-based, non-synthetic fiber, including but not limited to paper, wood,
bamboo, palm leaf, wheat straw, or sugarcane. Natural Fiber does not include plastic of any kind. (s) “On Request” means that only at the request of a customer shall the compliant product be provided.
(t) “Polystyrene Foam” means and includes blown polystyrene and expanded and extruded foams (sometimes incorrectly called Styrofoam, a Dow Chemical Co. trademarked form of polystyrene
foam insulation) which are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene). Polystyrene Foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays, coolers, packing peanuts, and egg cartons. (u) “Prepared Food” means food or beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the premises of the Food Vendor and includes Takeout Food. For the purposes of this chapter, Prepared Food does not include raw, butchered meats, fish and/or poultry, which are sold from a butcher case or similar appliance.
(v) “Reusable or Durable” Foodware and Foodware Accessories, including plates, bowls, cups, jars, trays, glasses, straws, stirrers, condiment cups, utensils, etc. that are manufactured of durable materials and specifically designed and manufactured to be washed and sanitized and to be used repeatedly over an extended period of time, and are safe for washing and sanitizing according to applicable regulations.
(w) “Takeout Food” means food or beverages requiring no further preparation to be consumed and which generally are purchased to be consumed off the premises of the Food Vendor. 10B.020 - Dine-in Foodware regulations. Food Vendors within the incorporated areas of the Town of Tiburon: (a) Shall sell or provide food and beverages for consumption on the premises using Reusable Foodware and utensils (forks, spoons, knives, chopsticks) except as otherwise provided in section 10B.030 (b);
(b) May provide all other Compliant Foodware Accessories, which are made of Natural Fibers, including napkins, food wrappers, straws, stirrers, cocktail sticks, toothpicks, tray-liners, and plate-liners.
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Town Council Ordinance No. XXX N.S. Effective Date xx/xx/2022
(c) Shall offer condiments in reusable containers or dispensers rather than pre-packaged single-use condiment packets; and
(d) Food Vendors will have until November 10, 2023, before enforcement of this regulation begins. 10B.030 - Takeout Foodware regulations. Food Vendors within the incorporated areas selling Takeout Food for consumption off premises: (a) Shall provide takeout food in Reusable Foodware, or compostable Natural Fiber Compliant Foodware, or items composed entirely of glass or aluminum; (b) Shall provide all other Compliant Foodware Accessories, which are made from Natural Fibers,
including napkins, cup sleeves, beverage trays, condiment containers, straws, stirrers, splash sticks, cocktail sticks, and toothpicks only Upon Request or at self-serve stations; and
(c) Takeout food bags shall be Reusable, paper, or comply with Chapter 10A (Town of Tiburon Carryout Bag Ordinance) of the Tiburon Municipal Code.
(d) Takeout Food delivery services shall provide the option for Compliant Foodware Accessories (forks, spoons, knives, chopsticks) and single-use condiments only On Request. A Food Vendor or a Takeout Food delivery service may include lids, spill plugs, and sleeves without request for Non-Reusable Cups for delivery. (e) Food Vendors shall provide plastic straws only On Request, to accommodate any person's access needs. 10B.040 - Town purchasing, facilities, and Town sponsored events. The following regulations apply to Town of Tiburon purchases, facilities, and Town of Tiburon-sponsored
events: (a) All Town facilities that involve food service shall use Reusable Foodware and Compliant Foodware Accessories. (b) Town-managed concessions, Town-sponsored events, and Town-permitted events shall use
Reusable Foodware or Compliant Foodware and Compliant Foodware Accessories. (c) These entities are prohibited from using Non-Reusable plastic foodware, including EPS/Polystyrene Foam, and Compostable or Biodegradable Plastics. No Town department shall purchase or acquire Non-Reusable plastic foodware for use at any Town facility. Organizations or individuals using Town facilities shall use Reusable or Compliant Foodware and Compliant Foodware Accessories. (d) The Town shall prohibit the use of EPS/Polystyrene Foam and Non-Reusable plastic foodware by vendors, franchisees, lessees, contractors, or other commercial food and beverage purveyors at all Town government center facilities, and Town parks. Prohibited products include, but are not
limited to, EPS/Polystyrene Foam and Non-Reusable plastic food containers, straws, bowls, plates, trays, utensils, clamshells, and cups which are not intended for reuse, on or in which any foods or beverages are placed or packaged.
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Town Council Ordinance No. XXX N.S. Effective Date xx/xx/2022
(e) As of the Effective Date, all Town departments that hold contracts, lease agreements, permits or other agreements that involve food service shall incorporate this prohibition into all new and
renewed contracts, leases, permits, agreements, etc. (f) The use or distribution of EPS/Polystyrene Foam, and Non-Reusable plastic foodware at special events at Town facilities that are sponsored or co-sponsored by the Town shall be prohibited. This prohibition shall apply to the event organizers, agents of the event organizers, event vendors, and any other party (including non-profit organizations) who have an agreement with one or more of the co-sponsors of the event to sell goods or beverages at the event or otherwise provide an event-related service. (g) Written agreements with any vendor, including non-profit organizations, to sell food or beverages at an event that is sponsored or co-sponsored by the Town, shall specifically prohibit the usage and
distribution of EPS/Polystyrene Foam and Non-Reusable plastic foodware. 10B.050 - Non-Reusable cup charge. (a) All Food Vendors shall charge customers twenty-five cents ($0.25) at the point of sale for every Non-Reusable cup provided unless they are exempt under this chapter.
(b) Income from the Non-Reusable cup charge shall be retained by the Food Vendor. (c) Charges for Non-Reusable cups shall be identified separately on any post-sale receipt provided and, pre-sale, shall be clearly identified for the customer on media such as menus, ordering platforms, and/or menu boards. Customers placing orders by telephone shall be informed verbally of Non-Reusable cup charges. (d) All customers demonstrating, at the point of sale, a payment card or voucher issued by the California Special Supplemental Food Program for Women, Infants, and Children (WIC) pursuant to Article 2 (commencing with section 123275) of Chapter 1 of Part 2 of Division 106 of the
California Health and Safety Code and as amended, or an electronic benefit transfer card (EBT) issued pursuant to section 10072 of the California Welfare and Institutions Code, and individuals with disabilities shall be exempt from the Non-Reusable cup charge. 10B.060 - Separate waste receptacles required.
(a) All Food Vendors who provide solid waste containers for customer use, must provide separate receptacles for solid waste, recyclables, and organics. Receptacles shall be colored black or grey for garbage, blue for recycling, and green for compost/organics. (b) To the extent possible given space constraints, all receptacles for solid waste, recyclables, and organics should be placed adjacent to one another. (c) Graphic-rich signage must be posted on or above each receptacle following the waste hauler’s guidelines. 10B.070 - Exemptions.
(a) Entities packaging Prepared Foods outside Marin County are exempt from the provisions of this chapter; provided, however, such entities are urged to follow the provisions of this chapter.
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(b) Non-Reusable Foodware and Foodware Accessories composed entirely of aluminum is exempt from the provisions of this chapter.
(c) Should Foodware or Foodware Accessories made of Compliant compostable Natural Fiber not be commercially available, as determined by Director or their designee, the County may approve temporary exemption of specific nonreusable Foodware or Foodware Accessories items until they are made commercially available. The County shall maintain a list, updated annually, with Foodware or Foodware Accessories deemed not available commercially. (d) For the immediate preservation of the public peace, health, or safety due to an emergency or natural disaster, the Town Council, or designee, may exempt Food Vendors, persons operating Town facilities and agents, contractors, and vendors doing business with the Town, from the provisions of this chapter.
10B.080 - Enforcement.
(a) Compliance with this ordinance is required as of the Effective Date. (b) Enforcement of this chapter shall be pursuant to Tiburon Municipal Code sections 10B.030 through
10B.070, inclusive. (c) Enforcement shall include written notice of non-compliance and a reasonable opportunity to correct, prior to issuance of any penalty. (d) It is found and determined to by the Town Council that the public interest, health, safety, and welfare of the residents of the town require that the Marin County Environmental Health Services Division be designated as the enforcement agency of and within Town and as such enforcement agency it is authorized with the enforcement of the provisions of this chapter and the Marin County Environmental Health Services division is vested, for the purposes of enforcing this chapter within Town, with all of the jurisdiction and powers vested in or available to said division by this Chapter
and said health and safety code. (e) Enforcement of this chapter will begin on November 10, 2023. Enforcement will be the delegated to the County’s Environmental Health Services. Enforcement will progress on the regular inspection schedule of all covered Food Vendors in the County as described in this chapter. 10B.090 - Violations On behalf of the Town, the County may choose to undertake the following legal actions to correct and/or abate nuisances and violations of this ordinance. The Director of Environmental Health Services or their designee is authorized to promulgate regulations and take any and all other actions reasonable and necessary to enforce the provisions of this Article, including but not limited to, entering the premises of any food provider during regular business hours to verify compliance, and by the issuance of Administrative Citations. The remedies and penalties provided by this Article are cumulative and in addition to any other remedies available at law or in equity. (a) Administrative Citations.
Administrative citations may be issued for violations of this Chapter at the discretion of the Director. The issuance of an administrative citation under this chapter shall not supersede or limit the remedies provided elsewhere in this Code or California law, including other administrative
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citation remedies. Issuance of an administrative citation may be exercised in place of, but shall not be considered a waiver of, the use of any other available enforcement remedy.
(b) Process and Service of Citation. 1. Prior to issuance of citation penalty, the County shall issue a violation warning letter to the facility operator and provide the facility operator thirty (30) days to correct the violation(s). 2. The violation warning letter and/or citation shall be mailed to the food facility operator named in the facility’s permit. 3. The failure of any interested person to receive the violation warning letter and/or citation shall not affect the validity of the proceedings. (c) Administrative Citation Penalty Schedule. Following the violation warning letter described in Section 7.25.090(b)(1) above and thirty (30) day cure period, if the violations remains, the County may issue the following administrative penalties: 1. A fine not exceeding $100.00 for the first violation; 2. A fine not exceeding $200.00 for a second violation of the same Code provision within one year; and 3. A fine not exceeding $500.00 for each additional violation in excess of two, of the same Code provision within one year. (d) Response to Citation Penalty Following receipt of citation penalty, food facility operator shall have thirty (30) days to pay the fine as indicated on the citation, or to request a waiver of payment of the penalty due to unique undue hardship. This waiver may be granted by the Director upon demonstration by a food facility operator to the satisfaction of the Director that strict application of the requirements would cause undue hardship. An “undue hardship” includes, but is not limited to the following: 1. A situation
unique to the food facility where a suitable alternative that conforms with the requirements of this chapter does not exist for a specific application. 2. Imposing the provisions of this Chapter would cause significant economic hardship. “Significant economic hardship” may be based on, but not
limited to, demonstrating that suitable Foodware or Foodware Accessories made of Compliant compostable Natural Fiber is not available at a commercially reasonable price and the additional cost associated with providing the Compliant Foodware or Foodware is particularly burdensome to
the food facility based on the type of operation(s) affected, the overall size of the business/operation, the number, type and location of its facilities, the impact on the overall financial resources of the food facility, and other factors. Reasonable added cost for a suitable item as compared to a similar item that the food facility can no longer use shall not by itself constitute adequate grounds to support an exemption for such item. In determining whether a significant economic hardship has been established, the Director or designee shall consider the following information: ability of the food facility to recover the additional expense by increasing its prices; the availability of tax credits and deductions; outside funding; and other options. (e) Nonpayment of Citation for More than One Year Deemed Nuisance. Nonpayment of any assessed violation for longer than one year shall constitute a nuisance and be
subject to the nuisance abatement procedures in Marin County Code Chapter 1.05, including payment of civil penalties of up to $2,500 per violation per day and enforcement and other abatement costs incurred by the County.
SECTION III. This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental
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regulations of the Town. The Town Council hereby finds that under section 15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the requirements of CEQA because it can be seen with certainty
that the provisions contained herein would not have the potential for causing a significant effect on the environment. It also finds the Ordinance is exempt from the requirements of CEQA pursuant to CEQA Guidelines sections 15307 and 15308 as an action by a regulatory agency taken to protect the environment and natural resources. SECTION IV: SEVERABILITY Every section, paragraph, clause, and phrase of this Ordinance is hereby declared to be severable. If for any reason, any section, paragraph, clause, or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, clauses or phrases, and the remaining portions or this ordinance shall continue in full force and effect unless amended or modified by the Town.
SECTION V: EFFECTIVE DATE AND PUBLICATION This Ordinance shall take effect thirty days after its passage and shall be published at least once in a
newspaper of general circulation, printed and published in the County of Marin. This ordinance was introduced at the meeting of the Town Council on the 17th day of August, 2022, and
was adopted at a regular meeting of the Town Council of the Town of Tiburon on the ___ day of ____, 2022, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JON WELNER, MAYOR TOWN OF TIBURON
ATTEST:
LEA STEFANI, TOWN CLERK
EXHIBIT 2
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AGREEMENT BETWEEN
COUNTY OF MARIN AND TOWN OF TIBURON
REGARDING ENFORCEMENT OF THE FOODWARE ORDINANCE This AGREEMENT (AGREEMENT), made and entered into this _____ day of ______________, 2022, by and between the COUNTY OF MARIN, hereinafter referred to as “COUNTY”, and the TOWN OF TIBURON, hereinafter referred to as “TOWN”, both in the State of California, collectively the “PARTIES”, for participation in the County Environmental Health Services (EHS) Reusable Foodware Ordinance Implementation and Enforcement Program (the “PROGRAM”). SECTION 1: RECITALS 1.1 Parties have the mutual desire and responsibility to protect the health, welfare, and safety of its citizens and economy. The proliferation of non-reusable (or disposable) foodware, packaging, and plastics has contributed to street litter, ocean pollution, marine, and other wildlife harm along with the greenhouse gas emissions from the production of the disposable
materials. 1.2 Using reusable dishware significantly reduces the generation of unnecessary waste, and in
most applications saves money, reduces disposal costs, and improves customer experience. 1.3 Non-reusable foodware threatens public health because many types contain fluorinated
chemical additives are known or suspected carcinogens or endocrine disruptors. These additives are known to leach from foodware into food and beverage containers and into compost, soil, and water. 1.4 On May 10, 2022, COUNTY adopted a local Reusable Foodware Ordinance, and which includes language offering enforcement services via COUNTY’S Environmental Health Services for cities and towns in the County of Marin adopting the same ordinance for the food vendors in their jurisdictions. 1.5 TOWN is adopting a local Reusable Foodware Ordinance and wishes to utilize the enforcement services offered by COUNTY through COUNTY’S Environmental Health
Services. 1.6 TOWN and COUNTY have determined that the public interest would be best served by the
performance of these functions as provided in the Reusable Foodware Ordinance and as provided in this AGREEMENT. SECTION 2: PURPOSE OF THE AGREEMENT This AGREEMENT is entered into by and between the PARTIES to define the responsibilities of the PARTIES for the implementation enforcement of Reusable Foodware Regulations as defined in Town of Tiburon Municipal Code Chapter 10B. SECTION 3: PROGRAM DEFINITION AND SCOPE COUNTY shall act as the enforcement agency for the Reusable Foodware Ordinance, as detailed in Chapter 10B. As detailed in Chapter 10B, enforcement of Chapter 10B will begin on November 10, 2023.
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TOWN participation in the Program is encouraged but completely voluntary. However, development and implementation of such a program requires staff time and resources which would be exacerbated if
jurisdictions joined the Program piecemeal over the course of several years. To address these potential cost impacts, there will be a one-time fee to join the Program. However, to encourage and incentivize jurisdictions to join during the initial development phase, COUNTY will waive the on-boarding fee for any jurisdiction that opts into the program within twelve (12) months of the COUNTY’S adoption of the ordinance. The one-time on-boarding fee was calculated based on the time and resources needed to revise COUNTY’S EHS Division systems to include additional businesses after the initial development period (estimated as 0.5 hours per food facility). The fee is scaled based on the number of food facility operators within the jurisdiction (see Table 1). Table 1: Environmental Health Division One-Time Enforcement Program Fee for Reusable Foodware Ordinance Jurisdiction Number of Food Facilities One-Time On-Boarding Fee
Belvedere 3 $311
Corte Madera 58 $6,003
Fairfax 45 $4,658
Larkspur 49 $5,072
Mill Valley 70 $7,245
Novato 198 $20,493 Ross 6 $621
San Anselmo 56 $5,796
San Rafael 322 $33,327
Sausalito 70 $7,245
Tiburon 31 $3,209
If jurisdictions adopt the ordinance after the twelve (12) month period following COUNTY adoption, the EHS Division can still provide enforcement, but the fee would no longer be waived for those jurisdictions. SECTION 4: RESPONSIBILITIES
4.1 TOWN SHALL:
a. TOWN has or shall adopt a Reusable Foodware Ordinance in compliance with and mirroring the Reusable Foodware Ordinance adopted by the COUNTY on May 10, 2022. b. Pay the onboarding fee as detailed in Section 4 above within 30 (thirty) days of written request for payment by COUNTY, unless otherwise waived. 4.2 COUNTY SHALL: a. Act is enforcement agency for the Reusable Foodware Ordinance for the TOWN as detailed in its Reusable Foodware Ordinance and in this AGREEMENT. b. Provide updates to TOWN of any modifications to its Ordinance or modifications to the enforcement Program.
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SECTION 5: TERM OF AGREEMENT AND TERMINATION. 5.1 This AGREEMENT shall remain in force unless terminated by either PARTY. Either PARTY may terminate this AGREEMENT by giving three (3) months written notice to the other PARTY. 5.2 In the event of termination of this AGREEMENT, any supplementary agreements may also be terminated in accordance with the termination provisions contained in such agreements. 5.3 If TOWN amends its Reusable Foodware Ordinance which, in the COUNTY’S sole determination and discretion, does not comport with the COUNTY’s Reusable Foodware Ordinance and Program, COUNTY may terminate this AGREEMENT at any time.
SECTION 6: COMPLIANCE WITH LAW. In the performance of its obligations pursuant to this AGREEMENT, PARTIES shall comply with all applicable federal, state and local laws, ordinances and regulations in any manner affecting the performance of this AGREEMENT, and must at all times comply with such laws, ordinances, and regulations as they may be amended from time to time. SECTION 7. INDEMNIFICATION AND GENERAL LIABILITY
TOWN shall indemnify, hold harmless, release and defend COUNTY, its officers, agents and employees from any and all liability, actions, claims, damages, costs or expenses, including attorneys'
fees and the costs and expenses of suit which may be asserted by any complainant, arising in any respect, out of TOWN’s negligent or intentional acts or omissions arising under or related to this AGREEMENT.
SECTION 8. OBLIGATIONS. Termination of this AGREEMENT will not invalidate the indemnification obligations of TOWN to COUNTY and/or obligations properly incurred by TOWN before the termination date to the extent those obligations cannot be canceled. SECTION 9. INTEGRATION. This AGREEMENT represents the entire AGREEMENT of the PARTIES with respect to the subject matter thereof. No representations, warranties, inducements or oral agreements have been made by any of
the parties except as expressly set forth herein, or in other contemporaneous written agreements. SECTION 10. AMENDMENT.
Except as otherwise provided herein, this AGREEMENT may not be changed, modified or rescinded except in writing and approved by all parties hereto.
SECTION 11. INDEPENDENT AGENCY. Each party performs the terms and conditions of this AGREEMENT as an entity independent of the other party. Each party’s agents or employees shall not be agents or employees of the other party to this AGREEMENT. SECTION 12. ASSIGNMENT.
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This AGREEMENT may not be assigned, transferred, hypothecated, or pledged by any party without the
express written consent of the other party. SECTION 13. BINDING ON SUCCESSORS, ASSIGNEES OR TRANSFEREES. This AGREEMENT shall be binding upon the successor(s), assignee(s) or transferee(s) of TOWN. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this AGREEMENT other than as provided above. SECTION 14. SEVERABILITY. Should any part of this AGREEMENT be declared unconstitutional, invalid, or beyond the authority of
either party to enter into or carry out, such decisions shall not affect the validity of the remainder of this AGREEMENT, which shall continue in full force and effect provided that the remainder of this AGREEMENT can, absent the excised portion, be reasonably interpreted to give effect to the intentions
of the parties.
SECTION 15. SUCCESSORS; NO THIRD-PARTY BENEFICIARIES. Nothing in this AGREEMENT, whether express or implied, shall be construed to give any person or entity (other than the PARTIES hereto and their respective successors and assigns) any legal or equitable right, remedy or claim under or in respect of this AGREEMENT or any covenants, conditions or
provisions contained herein. SECTION 16. CONTACTS AND NOTICES.
All notices under this AGREEMENT shall be in writing (unless otherwise specified) delivered to the parties by hand, by commercial courier service, or by United States mail, postage prepaid, addressed to
the parties at the addresses set forth below or such other addresses as the parties may designate by notice. For COUNTY: Greg Pirie, Deputy Director, Environmental Health Services County of Marin – Community Development Agency 3501 Civic Center Drive, Room 236 San Rafael, CA 94903 For TOWN: Dina Tasini, Director of Community Development Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920
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COUNTY: TOWN:
By: _________________________ By: _________________________ ____________________________ ____________________________ Print Name Greg Chanis ____________________________ ____________________________ Print Title Town Manager APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By: _____________________________ ___________________________
COUNTY Counsel Benjamin Stock, Town Attorney
TOWN OF TIBURON PAGE 1 OF 7
STAFF REPORT To: Town Council
From: Police Department
Subject: Introduce Ordinance Regarding Police Department Acquisition and Use of Military Equipment; Approve Military Equipment Use Policy Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY In order to comply with AB 481 and the California Government Code, Staff is recommending that the Town Council review and introduce a Military Equipment Use Ordinance. Staff also recommends that the Town Council approve by motion the attached Military Equipment Use Policy after determining that it is in compliance with state law and the proposed ordinance. RECOMMENDED ACTION(S) Staff recommends the Town Council
1. Hold a public hearing on the draft ordinance (Exhibit 2), and consider any testimony. Make a motion to read by title only and carry the motion. Introduce the ordinance by reading the title of the ordinance. Hold a roll call vote to pass first reading of the ordinance, waiving additional
readings. If the ordinance is passed for first reading, the ordinance will be scheduled for adoption at the next regular meeting of the Council. 2. Consider Approval of the Military Equipment Use Policy (Exhibit 4)
BACKGROUND On September 30, 2021, California Assembly Bill 481 (AB 481) was signed into law. Subsequently, California Government Code Sections 7070, 7071, and 7072 were adopted to
codify the requirements set forth in AB 481. The text of AB 481 and the above-mentioned
California Government Codes are attached to this Staff Report for reference as Exhibit 1. AB 481 requires a law enforcement agency to obtain the approval of its governing body, through the adoption of a Military Equipment Use Policy by ordinance at a regular meeting held pursuant
to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition,
or use of military equipment, as defined. Staff has prepared a draft ordinance, which is attached as Exhibit 2.
TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting August 3, 2022
Agenda Item: PH-2
Town Council Meeting August 17, 2022
TOWN OF TIBURON PAGE 2 OF 7
The bill allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. AB 481 requires the governing body to annually review the ordinance and to either
disapprove a renewal of the authorization for a type of military equipment or amend the military
equipment use policy if it determines, based on an Annual Military Equipment Report prepared by the law enforcement agency, that the military equipment does not comply with the above-described standards for approval.
California Government Code Section 7070 provides a list of types of equipment that are to be
considered “Military Equipment” for purposes of compliance with AB 481 and the Government Code. The Tiburon Police Department does possess military equipment as defined by AB 481, and have
created a draft policy regarding such use, as well as to cover situations in which agencies which
the Town coordinates with for mutual aid or other assistance also possesses Military Equipment. As required by AB 481, the department would report on such equipment annually, including on whether it will seek to acquire additional such equipment in the future. In doing so, the
department will provide the public the opportunity to consider the use and deployment of such
equipment within the jurisdiction. ANALYSIS
California Government Code Section 7070(d) defines a Military Equipment Use Policy as:
“’Military equipment use policy’ means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. 2. The purposes and authorized uses for which the law enforcement agency or the
state agency proposes to use each type of military equipment.
3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. 4. The legal and procedural rules that govern each authorized use. 5. The training, including any course required by the Commission on Peace Officer
Standards and Training, that must be completed before any officer, agent, or
employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
6. The mechanisms to ensure compliance with the military equipment use policy,
including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
Town Council Meeting August 17, 2022
TOWN OF TIBURON PAGE 3 OF 7
7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely
manner.
California Government Code Section 7071(b) requires that the Police Department post to its website the Military Equipment Use Policy that it plans to propose to the Town Council at least 30 days prior to any public hearing concerning the policy. The Police Department complied with
this requirement by posting the policy being proposed tonight, to its public website, on May 9,
2022. California Government Code Section 7071(d) stipulates that the Town Council shall only approve the Military Equipment Use Policy if it determines all of the following:
1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. 2. The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
3. If purchasing the equipment, the equipment is reasonably cost effective compared
to available alternatives that can achieve the same objective of officer and civilian safety. 4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying
military equipment use policy, corrective action has been taken to remedy
nonconforming uses and ensure future compliance. As discussed herein, the military equipment possessed by the Police Department or its regional partners who may use such military equipment are possessed because those specific apparatus
provide tools which the Department cannot obtain elsewhere, and in the event they are needed,
provides a safety mechanism not achievable in the same manner elsewhere. As such, the equipment is possessed in order to help safeguard the public’s welfare, safety, civil rights, and civil liberties. As can be seen in the list of equipment, the items possessed by the Department are reasonably cost effective. The equipment the Department currently possesses which meets the
definition of military equipment under Government Code 7070(c) was used in compliance with
the various applicable and existing policies of the Tiburon Police Department. The limited military equipment possessed by the department is necessary, cost effective, and when used properly (and consistent with applicable policies) provides tools which the
Department could not obtain elsewhere.
California Government Code Section 7070(e) establishes that the Police Department is responsible for delivering to the Town Council an Annual Military Equipment Report, which the Town Council can utilize to confirm compliance with the Military Equipment Use
Policy and the accompanying Military Equipment Use Ordinance.
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TOWN OF TIBURON PAGE 4 OF 7
The Tiburon Police Department has not obtained any equipment from military surplus programs, known as 1033 Programs, it does not possess any tactical equipment that it has obtained from the military, and it does not possess any equipment that was designed for military use. That said, California Government Code Section 7070 provides a list of sixteen (16) types of
equipment that are to be considered “Military Equipment” for the purpose of compliance with AB 481 and the associated California Government Codes, and the Police Department does possess and use some of these listed types of equipment. Of the sixteen (16) types of equipment specified, the Police Department possesses only three (3) types. The list of the sixteen (16) types
of Military Equipment per California Government Code Section 7070 is included below.
Equipment types that the Police Department possesses are noted in bold italics, and additional information on such equipment is included in the inventory list attached as Exhibit 3. 1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
However, police versions of standard consumer vehicles are specifically excluded from
this subdivision.
3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as
Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a
breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs)
and motorized dirt bikes are specifically excluded from this subdivision.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a
tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the
operational control and direction of public safety units.
a) The Police Department possesses a Supervisor Vehicle. This vehicle is not
armored or weaponized in any way and is used to facilitate unified command
during critical and planned incidents. The additional equipment is a mobile
radio setup at the rear of the vehicle, and a docking port for a computer, as well
as a white eraser board. We did not find that this type of vehicle and equipment
clearly met the definition and the Department did not originally list this
equipment as part of its Military Equipment Inventory, but out of an abundance
of caution we are noting this equipment here, and if the Town Council desires,
we will list the Supervisor Vehicle on the policy.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However,
items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be
operated by one person, are specifically excluded from this subdivision.
8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically
excluded from this subdivision.
9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is
specifically excluded from this subdivision.
10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons
as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard
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TOWN OF TIBURON PAGE 5 OF 7
issue service weapons and ammunition of less than .50 caliber that are issued to officers,
agents, or employees of a law enforcement agency or a state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper
balls," excluding standard, service-issued handheld pepper spray.
a) PepperBall semi-automatic launcher capable of deployment of chemical irritant
munitions.
i. This equipment is necessary because there is no reasonable alternative
that can achieve the same objective of officer and civilian safety.
13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic
Device (LRAD).
14. The following projectile launch platforms and their associated munitions: 40mm
projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM)
weapons.
a) 12-Gauge Shotgun capable of delivering of less lethal bean bag.
i. This equipment is necessary because there is no reasonable alternative
that can achieve the same objective of officer and civilian safety.
b) 12-Gauge beanbag round.
i. This equipment is necessary because there is no reasonable alternative
that can achieve the same objective of officer and civilian safety.
15. Any other equipment as determined by a governing body or a state agency to require
additional oversight.
16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include
general equipment not designated as prohibited or controlled by the federal Defense
Logistics Agency.
The Military Equipment Use Policy being proposed by Staff includes a detailed inventory for
each type of Military Equipment listed, as required by California Government Code Section 7070. This information includes the equipment’s capabilities, its purpose/authorized uses, the legal/procedural rules governing its use, and the training required of Staff prior to its use. Pursuant to California Government Code §7070(d)(7), the proposed Military Equipment Use
Policy also provides the avenues through which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in the policy. These means include: 1. Via email to: www.townoftibruon.org/268/Personnel-Complaints-Commendations
2. Via phone: (415) 789-2801
3. Via mail: Tiburon Police Department
Attn: Military Equipment Use Coordinator 1155 Tiburon Blvd. Tiburon, CA 94920
Staff has drafted the attached Military Equipment Use Policy, as required by law, for Town
Council to consider adopting by motion (Exhibit 4)
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TOWN OF TIBURON PAGE 6 OF 7
If approved, the Department would submit an annual military equipment report to the governing body describing the following: (1) A summary of how the military equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the military
equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition,
personnel, training, transportation, maintenance, storage, upgrade, and other ongoing
costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the
next year, the quantity sought for each type of military equipment.
In addition, within 30 days of submitting the annual report, the Department would hold at least one well publicized community meeting where the general public could discuss and ask questions regarding the issues above.
FINANCIAL IMPACT There would not be any new, unplanned direct fiscal impacts to continuing the use of equipment already in the Department’s inventory or continuing to collaborate with other law enforcement
agencies, including in mutual aid circumstances. Maintenance costs of the bean bag launcher is
estimated at possibly rising to $500 ongoing cost, depending on maintenance needs. There are also replacement costs for the bean bags ($500 each) and pepperballs ($150 each). The Department however would report on such replacement costs in subsequent annual reports to the extent replacements are needed. In addition, there will be staff time associated with compliance,
annual review, reporting and community engagement meetings, all of which are required
pursuant to applicable provisions of the Government Code. CEQA:
The Ordinance and Policy are exempt from the provisions of the California Environmental
Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.
RECOMMENDATION
Staff recommends the Town Council 1. Hold a public hearing on the draft ordinance (Exhibit 1), and consider any testimony. Make a motion to read by title only and carry the motion. Introduce the ordinance by
reading the title of the ordinance. Hold a roll call vote to pass first reading of the
ordinance, waiving additional readings. If the ordinance is passed for first reading, the ordinance will be scheduled for adoption at the next regular meeting of the Council. 2. Consider Approval of the Military Equipment Use Policy (Exhibit 4)
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TOWN OF TIBURON PAGE 7 OF 7
Exhibit(s): 1. Full Text of AB 481 from the California State Legislature 2. Draft Ordinance 3. Military Equipment Inventory 4. AB 481 Military Equipment Policy
Prepared by: Ryan Monaghan, Police Chief
EXHIBIT 1
Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division
7 of Title 1 of the Government Code, relating to military equipment.
[Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.
Existing law designates the Department of General Services as the agency
for the State of California responsible for distribution of federal surplus
personal property, excepting food commodities, and requires the department
to, among other things, do all things necessary to the execution of its powers
and duties as the state agency for the distribution of federal personal surplus
property, excepting food commodities, in accordance with specified federal
law. Existing law, the Federal Surplus Property Acquisition Law of 1945,
authorizes a local agency, as defined, to acquire surplus federal property
without regard to any law which requires posting of notices or advertising
for bids, inviting or receiving bids, or delivery of purchases before payment,
or which prevents the local agency from bidding on federal surplus property.
Existing federal law authorizes the Department of Defense to transfer surplus
personal property, including arms and ammunition, to federal or state
agencies for use in law enforcement activities, subject to specified conditions,
at no cost to the acquiring agency.
This bill would require a law enforcement agency, defined to include
specified entities, to obtain approval of the applicable governing body, by
adoption of a military equipment use policy, as specified, by ordinance at
a regular meeting held pursuant to specified open meeting laws, prior to
taking certain actions relating to the funding, acquisition, or use of military
equipment, as defined. The bill would also require similar approval for the
continued use of military equipment acquired prior to January 1, 2022. The
bill would allow the governing body to approve the funding, acquisition,
or use of military equipment within its jurisdiction only if it determines that
the military equipment meets specified standards. The bill would require
the governing body to annually review the ordinance and to either disapprove
a renewal of the authorization for a type, as defined, of military equipment
or amend the military equipment use policy if it determines, based on an
annual military equipment report prepared by the law enforcement agency,
as provided, that the military equipment does not comply with the
above-described standards for approval. The bill would specify these
provisions do not preclude a county or local municipality from implementing
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STATE OF CALIFORNIAAUTHENTICATED ELECTRONIC LEGAL MATERIAL
additional requirements and standards related to the purchase, use, and
reporting of military equipment by local law enforcement agencies.
This bill would also require a state agency, as defined, to create a military
equipment use policy before engaging in certain activities, publish the policy
on the agency’s internet website, and provide a copy of the policy to the
Governor or the Governor’s designee, as specified. The bill would also
require a state agency that seeks to continue use of military equipment
acquired prior to January 1, 2022, to create a military equipment use policy.
This bill would also include findings that the changes proposed by this
bill address a matter of statewide concern rather than a municipal affair and,
therefore, apply to all cities, including charter cities.
By adding to the duties of local officials with respect to the funding,
acquisition, and use of military equipment, this bill would impose a
state-mandated local program.
The California Constitution requires local agencies, for the purpose of
ensuring public access to the meetings of public bodies and the writings of
public officials and agencies, to comply with a statutory enactment that
amends or enacts laws relating to public records or open meetings and
contains findings demonstrating that the enactment furthers the constitutional
requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies
and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for
a specified reason.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our
communities adversely impacts the public’s safety and welfare, including
increased risk of civilian deaths, significant risks to civil rights, civil liberties,
and physical and psychological well-being, and incurment of significant
financial costs. Military equipment is more frequently deployed in
low-income Black and Brown communities, meaning the risks and impacts
of police militarization are experienced most acutely in marginalized
communities.
(b) The public has a right to know about any funding, acquisition, or use
of military equipment by state or local government officials, as well as a
right to participate in any government agency’s decision to fund, acquire,
or use such equipment.
(c) Decisions regarding whether and how military equipment is funded,
acquired, or used should give strong consideration to the public’s welfare,
safety, civil rights, and civil liberties, and should be based on meaningful
public input.
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(d) Legally enforceable safeguards, including transparency, oversight,
and accountability measures, must be in place to protect the public’s welfare,
safety, civil rights, and civil liberties before military equipment is funded,
acquired, or used.
(e) The lack of a public forum to discuss the acquisition of military
equipment jeopardizes the relationship police have with the community,
which can be undermined when law enforcement is seen as an occupying
force rather than a public safety service.
SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to
Division 7 of Title 1 of the Government Code, to read:
Chapter 12.8. Funding, Acquisition, and Use of Military
Equipment
7070. For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law
enforcement agency or, if there is no elected body that directly oversees the
law enforcement agency, the appointed body that oversees a law enforcement
agency. In the case of a law enforcement agency of a county, including a
sheriff’s department or a district attorney’s office, “governing body” means
the board of supervisors of the county.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit
agency, school district, or any campus of the University of California, the
California State University, or California Community Colleges.
(2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles.
(2) Mine-resistant ambush-protected (MRAP) vehicles or armored
personnel carriers. However, police versions of standard consumer vehicles
are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly
referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or
wheeled vehicles that have a breaching or entry apparatus attached. However,
unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are
specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their
occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to
facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind.
(7) Battering rams, slugs, and breaching apparatuses that are explosive
in nature. However, items designed to remove a lock, such as bolt cutters,
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Ch. 406—3 —
or a handheld ram designed to be operated by one person, are specifically
excluded from this subdivision.
(8) Firearms of .50 caliber or greater. However, standard issue shotguns
are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun
ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber,
including assault weapons as defined in Sections 30510 and 30515 of the
Penal Code, with the exception of standard issue service weapons and
ammunition of less than .50 caliber that are issued to officers, agents, or
employees of a law enforcement agency or a state agency.
(11) Any firearm or firearm accessory that is designed to launch explosive
projectiles.
(12) “Flashbang” grenades and explosive breaching tools, “tear gas,”
and “pepper balls,” excluding standard, service-issued handheld pepper
spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the
Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated
munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and
specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state
agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), “military equipment”
does not include general equipment not designated as prohibited or controlled
by the federal Defense Logistics Agency.
(d) “Military equipment use policy” means a publicly released, written
document governing the use of military equipment by a law enforcement
agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought,
its capabilities, expected lifespan, and product descriptions from the
manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement
agency or the state agency proposes to use each type of military equipment.
(3) The fiscal impact of each type of military equipment, including the
initial costs of obtaining the equipment and estimated annual costs of
maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use.
(5) The training, including any course required by the Commission on
Peace Officer Standards and Training, that must be completed before any
officer, agent, or employee of the law enforcement agency or the state agency
is allowed to use each specific type of military equipment to ensure the full
protection of the public’s welfare, safety, civil rights, and civil liberties and
full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment
use policy, including which independent persons or entities have oversight
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authority, and, if applicable, what legally enforceable sanctions are put in
place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of
the public may register complaints or concerns or submit questions about
the use of each specific type of military equipment, and how the law
enforcement agency will ensure that each complaint, concern, or question
receives a response in a timely manner.
(e) “State agency” means the law enforcement division of every state
office, officer, department, division, bureau, board, and commission or other
state body or agency, except those agencies provided for in Article IV
(except Section 20 thereof) or Article VI of the California Constitution.
(f) “Type” means each item that shares the same manufacturer model
number.
7071. (a) (1) A law enforcement agency shall obtain approval of the
governing body, by an ordinance adopting a military equipment use policy
at a regular meeting of the governing body held pursuant to the
Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of
Division 2 of Title 5), as applicable, prior to engaging in any of the
following:
(A) Requesting military equipment made available pursuant to Section
2576a of Title 10 of the United States Code.
(B) Seeking funds for military equipment, including, but not limited to,
applying for a grant, soliciting or accepting private, local, state, or federal
funds, in-kind donations, or other donations or transfers.
(C) Acquiring military equipment either permanently or temporarily,
including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment
or other use of military equipment within the territorial jurisdiction of the
governing body.
(E) Using any new or existing military equipment for a purpose, in a
manner, or by a person not previously approved by the governing body
pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an
agreement with, any other person or entity to seek funds for, apply to receive,
acquire, use, or collaborate in the use of, military equipment.
(G) Acquiring military equipment through any means not provided by
this paragraph.
(2) No later than May 1, 2022, a law enforcement agency seeking to
continue the use of any military equipment that was acquired prior to January
1, 2022, shall commence a governing body approval process in accordance
with this section. If the governing body does not approve the continuing
use of military equipment, including by adoption pursuant to this subdivision
of a military equipment use policy submitted pursuant to subdivision (b),
within 180 days of submission of the proposed military equipment use policy
to the governing body, the law enforcement agency shall cease its use of
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Ch. 406—5 —
the military equipment until it receives the approval of the governing body
in accordance with this section.
(b) In seeking the approval of the governing body pursuant to subdivision
(a), a law enforcement agency shall submit a proposed military equipment
use policy to the governing body and make those documents available on
the law enforcement agency’s internet website at least 30 days prior to any
public hearing concerning the military equipment at issue.
(c) The governing body shall consider a proposed military equipment
use policy as an agenda item for an open session of a regular meeting and
provide for public comment in accordance with the Bagley-Keene Open
Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of
Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9
(commencing with Section 54950) of Part 1 of Division 2 of Title 5), as
applicable.
(d) (1) The governing body shall only approve a military equipment use
policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable
alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the
public’s welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost
effective compared to available alternatives that can achieve the same
objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment
use policy that was in effect at the time, or if prior uses did not comply with
the accompanying military equipment use policy, corrective action has been
taken to remedy nonconforming uses and ensure future compliance.
(2) In order to facilitate public participation, any proposed or final military
equipment use policy shall be made publicly available on the internet website
of the relevant law enforcement agency for as long as the military equipment
is available for use.
(e) (1) The governing body shall review any ordinance that it has adopted
pursuant to this section approving the funding, acquisition, or use of military
equipment at least annually and, subject to paragraph (2), vote on whether
to renew the ordinance at a regular meeting held pursuant to the
Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of
Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military
equipment report submitted pursuant to Section 7072, whether each type
of military equipment identified in that report has complied with the
standards for approval set forth in subdivision (d). If the governing body
determines that a type of military equipment identified in that annual military
equipment report has not complied with the standards for approval set forth
in subdivision (d), the governing body shall either disapprove a renewal of
the authorization for that type of military equipment or require modifications
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to the military equipment use policy in a manner that will resolve the lack
of compliance.
(f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts
with another entity for law enforcement services, the city shall have the
authority to adopt a military equipment use policy based on local community
needs.
7072. (a) A law enforcement agency that receives approval for a military
equipment use policy pursuant to Section 7071 shall submit to the governing
body an annual military equipment report for each type of military equipment
approved by the governing body within one year of approval, and annually
thereafter for as long as the military equipment is available for use. The law
enforcement agency shall also make each annual military equipment report
required by this section publicly available on its internet website for as long
as the military equipment is available for use. The annual military equipment
report shall, at a minimum, include the following information for the
immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose
of its use.
(2) A summary of any complaints or concerns received concerning the
military equipment.
(3) The results of any internal audits, any information about violations
of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including
acquisition, personnel, training, transportation, maintenance, storage,
upgrade, and other ongoing costs, and from what source funds will be
provided for the military equipment in the calendar year following
submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment.
(6) If the law enforcement agency intends to acquire additional military
equipment in the next year, the quantity sought for each type of military
equipment.
(b) Within 30 days of submitting and publicly releasing an annual military
equipment report pursuant to this section, the law enforcement agency shall
hold at least one well-publicized and conveniently located community
engagement meeting, at which the general public may discuss and ask
questions regarding the annual military equipment report and the law
enforcement agency’s funding, acquisition, or use of military equipment.
7073. (a) A state agency shall create a military equipment use policy
prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section
2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to,
applying for a grant, soliciting or accepting private, local, state, or federal
funds, in-kind donations, or other donations or transfers.
(3) Acquiring military equipment either permanently or temporarily,
including by borrowing or leasing.
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Ch. 406—7 —
(4) Collaborating with a law enforcement agency or another state agency
in the deployment or other use of military equipment within the territorial
jurisdiction of the governing body.
(5) Using any new or existing military equipment for a purpose, in a
manner, or by a person not previously approved by the governing body
pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an
agreement with, any other person or entity to seek funds for, or to apply to
receive, acquire, use, or collaborate in the use of, military equipment.
(7) Acquiring military equipment through any means not provided by
this subdivision.
(b) No later than May 1, 2022, a state agency seeking to continue the use
of any military equipment that was acquired prior to January 1, 2022, shall
create a military equipment use policy.
(c) A state agency that is required to create a military equipment use
policy pursuant to this section shall do both of the following within 180
days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet
website.
(2) Provide a copy of the military equipment use policy to the Governor
or the Governor’s designee.
7074. The Legislature finds and declares that ensuring adequate oversight
of the acquisition and use of military equipment is a matter of statewide
concern rather than a municipal affair as that term is used in Section 5 of
Article XI of the California Constitution. Therefore, this chapter applies to
all cities, including charter cities and shall supersede any inconsistent
provisions in the charter of any city, county, or city and county.
7075. Nothing in this chapter shall preclude a county or local
municipality from implementing additional requirements and standards
related to the purchase, use, and reporting of military equipment by local
law enforcement agencies.
SEC. 3. The Legislature finds and declares that Section 1 of this act,
which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of
Title 1 of the Government Code, furthers, within the meaning of paragraph
(7) of subdivision (b) of Section 3 of Article I of the California Constitution,
the purposes of that constitutional section as it relates to the right of public
access to the meetings of local public bodies or the writings of local public
officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of
Section 3 of Article I of the California Constitution, the Legislature makes
the following findings:
Requiring local agencies to hold public meetings prior to the acquisition
of military equipment further exposes that activity to public scrutiny and
enhances public access to information concerning the conduct of the people’s
business.
SEC. 4. No reimbursement is required by this act pursuant to Section 6
of Article XIIIB of the California Constitution because the only costs that
may be incurred by a local agency or school district under this act would
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result from a legislative mandate that is within the scope of paragraph (7)
of subdivision (b) of Section 3 of Article I of the California Constitution.
O
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EXHIBIT 2
DRAFT ORDINANCE NO. 2022-XX
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
MILITARY EQUIPMENT USE ORDINANCE
WHEREAS, effective January 1, 2022, Assembly Bill 481 (AB 481) (Government Code
sections 7071 et. seq.) sets forth a process by which law enforcement agencies are to obtain
approval from their governing bodies of a military equipment use policy through the adoption of
an ordinance; and
WHEREAS, AB 481 added California Government Code Sections 7070, 7071, and 7072
to codify the requirements set forth in AB 481 including that the Town Council of Tiburon approve
a Military Equipment and Use policy by Ordinance;
WHEREAS, pursuant to Government Code Section 7071(a)(1), requires that an ordinance
must be timely adopted before a law enforcement agency may acquire or use new or existing
military equipment and engage in other specified activities; and
WHEREAS, the Tiburon Police Department currently has military equipment (as that term
is defined in Government Code section 7070(c)) in its inventory; and
WHEREAS, the Tiburon Police Department works closely with other local, county, state
and federal law enforcement agencies within Marin County on police related matters, including
safeguarding the public’s welfare and safety, working on regional task forces, conducting training
exercises, providing mutual aid and responding to emergencies; and
WHEREAS, in exigent circumstances, there is sometimes the need to deploy military
equipment from or lend military equipment to outside entities to promote the safety and security
of community members; and
WHEREAS, the continued collaboration with other law enforcement agencies in the
deployment or other use of military equipment within the Town is necessary to safeguard the
public’s welfare, safety, civil rights and civil liberties and there is no reasonable alternative that
can achieve the same objective of officer and civilian safety; and
WHEREAS, Tiburon Police Policy 706 sets forth a military equipment use policy that is
consistent with the Police Department’s current practices, has been posted on the Department’s
website for at least thirty (30) days, complies with all the requirements of AB 481, will ensure
ongoing regulation and compliance with the law going forward and will provide a means of
community engagement and transparency regarding use of military equipment by the Department;
and
WHEREAS, public notice has been provided in accordance with applicable law; and
WHEREAS, the Town Council desires to approve a military use policy in compliance
with AB 481.
NOW, THEREFORE, the Town Council of the Town of Tiburon, California, DOES
HEREBY ORDAIN as follows:
Section 1. The Town Council of the Town of Tiburon finds and determines as follows:
A. The facts set forth in the recitals are true and correct and incorporated herein by this
reference. The recitals constitute findings in this matter and, together with the staff report,
other written reports, public testimony and other information contained in the record, are
an adequate and appropriate evidentiary basis for the actions taken in this ordinance.
B. Authorizing the use of military equipment as set forth in this ordinance and Tiburon Police
Policy 706 is necessary because there is no reasonable alternative that can achieve the same
objective of officer and civilian safety. The acquisition and use of the military equipment
as set forth in Tiburon Police Policy 706 is part of the Police Department’s overall approach
to Critical Incident Management, Use of Force, De-Escalation and public safety. The
equipment will enable department members to properly respond to both planned and
unplanned events efficiently and effectively.
C. This ordinance and Tiburon Police Policy 706 will safeguard the public’s welfare, safety,
civil rights, and civil liberties by ensuring required reporting out, the opportunity for
community engagement and feedback, and transparency and oversight regarding the
acquisition and use of the specified military equipment in the Town of Tiburon.
D. The Tiburon Police Department is not seeking to purchase any additional military
equipment at this time. If in the future the Tiburon Police Department does desire to
purchase additional military equipment, it will provide details through the Annual Report.
E. Prior military equipment use by the Tiburon Police Department complied with the military
equipment use policy that was in effect at the time of the use.
F. This ordinance and Tiburon Police Policy 706 comply with the requirements of AB 481.
Section 2. The Town Council finds that this ordinance and Tiburon Police Policy 706 are
exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they
will not result in a direct or reasonably foreseeable indirect physical change in the environment
and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.
Section 3. Approval of Military Equipment Policy. The Town Council, by this Ordinance,
adopts the 2022-2023 Military Equipment Use Policy, as set forth in Exhibit A. The Town
Council further directs staff to establish an annual review procedure to review and provide for
approval of any renewal of the military equipment use policy, in accordance with Government
Code section 7072, to occur before May 1st of each subsequent year.
Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause
or phrase of this ordinance, or its application to any person or circumstance, is for any reason held
to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses
or phrases of this ordinance, or its application to any other person or circumstance. The Town
Council declares that it would have adopted each section, subsection, subdivision, paragraph,
sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or
unenforceable.
Section 5. Effective Date. This ordinance shall be effective thirty (30) days after its
adoption. Within fifteen (15) days after its adoption, the Town Clerk of the Town of Tiburon shall
cause this ordinance to be published pursuant to the provisions of Government Code Section
36933.
Section 6. Environmental Review. The Town Council finds the approval of the Ordinance
and Policy are exempt from the provisions of the California Environmental Quality Act (“CEQA”)
because they will not result in a direct or reasonably foreseeable indirect physical change in the
environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.
INTRODUCED AND FIRST READ by the Town Council of the Town of Tiburon at a
regular meeting thereof on the __ day of ____, 2022.
PASSED, ADOPTED, AND APPROVED by the Town Council of the Town of Tiburon
at a regular meeting thereof this ___ day of ___, 2022 by the following vote to wit:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JON WELNER, MAYOR
TOWN OF TIBURON
ATTEST:
LEA STEFANI, TOWN CLERK
EXHIBIT 3
Inventory of Qualifying Equipment Owned/Utilized by the Tiburon Police Department
1
Equipment Name: PepperBall TAC-SA semi-automatic launcher
Quantity Owned/Sought: 1 Lifespan: 10 years
Equipment Capabilities: Capable of more precise deployment of chemical-irritant agent with
180 round rapid-feeding system with a maximum range of 60ft. for direct impact and 150ft.
for area saturation.
Manufacturer Product Description: .68 Caliber, 30ci high-pressure, semi-automatic, air
system
Purpose/Authorized Uses: To be used with agency-approved less than lethal and chemical-
irritant munitions in accordance with Tiburon Police policy in high-risk and volatile situations
with noncompliant and aggressive individuals. A verbal warning of the intended use of the
device should precede its application.
Fiscal Impacts: Approximately $1,700 initial cost, approximately $150 to replace projectiles
as needed
Legal/Procedural Rules Governing Use: Use is subject to the applicable State, Federal, and
Local laws, and Tiburon Police policies (300.5, 300.5.1, 301, 303.11). Must have expressed
supervisor approval to deploy.
Training Required: Agency-certified orientation course; regular refresher training
Other Notes:
Description source:
https://pepperball.com/launchers/tac-sa/
Inventory of Qualifying Equipment Owned/Utilized by the Tiburon Police Department
2
Equipment Name: Remington Model 870 12-gauge, pump-action shotgun (Orange Stock /
Utilized as Less Lethal Delivery System)
Quantity Owned/Sought: 12 Lifespan: 10 years
Equipment Capabilities: Capable of single-round deployment of less lethal bean bag
munition with a range of 20ft. to 50ft.
Manufacturer Product Description: Single shot pump-action tactical shotgun
Purpose/Authorized Uses: To be used with less-lethal agency authorized bean bag rounds.
To compel a noncompliant and aggressive individual to cease his/her actions when such
munitions present a reasonable option. A verbal warning of the intended use of the device
should precede its application.
Fiscal Impacts: Approximately $4,800 initial cost, approximately $500-ongoing costs that vary
depending on maintenance needs
Legal/Procedural Rules Governing Use: Use is subject to the applicable State, Federal, and
Local laws, and Tiburon Police policies (300.5, 300.5.1, 301, 303.11). Must have expressed
supervisor approval to deploy.
Training Required: Agency-certified orientation course; regular refresher training
Other Notes:
Description source:
https://www.remarms.com/shotguns/pump-action/model-870/
Equipment Name: Kinetic Energy Projectiles: 12 Gauge "bean bag" rounds
Quantity Owned/Sought: 100+ Lifespan: N/A
Equipment Capabilities: Less than lethal bean bag munition with a range of up to 75ft.
Manufacturer Product Description: 12-Gauge drag stabilized bean bag 40g tear-shaped cotton
and ballistic material bag munition discharged from an agency authorized 12-Gauge delivery
device
Purpose/Authorized Uses: To compel a noncompliant and aggressive individual to cease
his/her actions when such munitions present a reasonable option. A verbal warning of the
intended use of the device should precede its application.
Fiscal Impacts: Approximately $535 per 100, approximately $500 to replace as needed
Inventory of Qualifying Equipment Owned/Utilized by the Tiburon Police Department
3
Legal/Procedural Rules Governing Use: Use is subject to the applicable State, Federal, and Local
laws, and Tiburon Police policies (300.5, 300.5.1, 301, 303.11). Must have expressed
supervisor approval to deploy.
Training Required: Agency-certified orientation course; regular refresher training
Other Notes:
Description source:
https://www.defense-technology.com/product/drag-stabilized-12-gauge-bean-bag-round/
EXHIBIT 4
Policy
706
Tiburon Police Department
Tiburon PD Policy Manual
Copyright Lexipol, LLC 2022/05/06, All Rights Reserved.
Published with permission by Tiburon Police Department ***DRAFT***Military Equipment - 1
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting
requirements of military equipment (Government Code § 7070; Government Code § 7071;
Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – California Government Code section § 7070 (c) defines Military Equipment
as any of the following:
•Unmanned, remotely piloted, powered aerial or ground vehicles.
•Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
However, police versions of standard consumer vehicles are specifically excluded
from this subdivision.
•High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks,
five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus
attached. However, unarmored all-terrain vehicles (ATVs_ and motorized dirt bikes
are specifically excluded from this subdivision.
•Tracked armored vehicles that provide ballistic protection to their occupants and utilize
a tracked system instead of wheels for forward motion.
•Command and control vehicles that are either built or modified to facilitate the
operational control and direction of public safety units.
•Weaponized aircraft, vessels, or vehicles of any kind.
•Battering rams, slugs, and breaching apparatuses that are explosive in nature.
However, items designed to remove a lock, such as bolt cutters, or a handheld ram
designed to be operated by one person, are specifically excluded from this subdivision.
•Firearms of_.50 caliber or greater. However, standard-issue shotguns are specifically
excluded from this subdivision.
•Ammunition of.50 caliber or greater. However, standard issue shotgun ammunition is
specifically excluded from this subdivision
•Specialized firearms and ammunition of less than_.50 caliber, including assault
weapons as defined in Sections § 30510 and § 30515 of the Penal Code, with the
exception of standard-issue service weapons and ammunition of less than.50 caliber
that are issued to officers, agents, or employees of a law enforcement agency or state
agency.
•Any firearm or firearm accessory that is designed to launch explosive projectiles.
Tiburon Police Department
Tiburon PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/05/06, All Rights Reserved.
Published with permission by Tiburon Police Department ***DRAFT***Military Equipment - 2
•"Flashbang" grenades andexplosive breaching tools, "tear gas," and "pepper balls,"
excluding standard, service-issued handheld pepper spray.
•TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic
devices (LRADs).
•The following projectile launch platforms and their associated munitions: 40mm
projectile launchers, "bean bag, " rubber bullets and specialty impact munition (SIM)
weapons.
•Any other equipment as determined by a governing body or a state agency to require
additional oversight.
•Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include
general equipment not designed as prohibited or controlled by the federal Defense
Logistic.
706.2 POLICY
It is the policy of the Tiburon Police Department that members of this department comply with the
provisions of Government Code § 7071 with respect to military equipment.
706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment
coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a)Acting as liaison to the governing body for matters related to the requirements of this
policy.
(b)Identifying department equipment that qualifies as military equipment in the current
possession of the Department, or the equipment the Department intends to acquire
that requires approval by the governing body.
(c)Conducting an inventory of all military equipment at least annually.
(d)Collaborating with any allied agency that may use military equipment within the
jurisdiction of Tiburon Police Department (Government Code § 7071).
(e)Preparing for, scheduling, and coordinating the annual community engagement
meeting to include:
1.Publicizing the details of the meeting.
2.Preparing for public questions regarding the department’s funding, acquisition,
and use of equipment.
(f)Preparing the annual military equipment report for submission to the Chief of Police
and ensuring that the report is made available on the department website (Government
Code § 7072).
(g)Establishing the procedure for a person to register a complaint or concern, or how that
person may submit a question about the use of a type of military equipment, and how
the Department will respond in a timely manner.
Tiburon Police Department
Tiburon PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/05/06, All Rights Reserved.
Published with permission by Tiburon Police Department ***DRAFT***Military Equipment - 3
706.4 MILITARY EQUIPMENT INVENTORY
The list linked below constitutes a list of qualifying equipment for the Department:
https://policy.lexipol.com/app/agency/view-file/4012204049181493504?
manualld=1220031120144703450
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by
way of an ordinance adopting the military equipment policy. As part of the approval process, the
Chief of Police or the authorized designee shall ensure the proposed military equipment policy is
submitted to the governing body and is available on the department website at least 30 days prior
to any public hearing concerning the military equipment at issue (Government Code § 7071). The
military equipment policy must be approved by the governing body prior to engaging in any of the
following (Government Code § 7071):
(a)Requesting military equipment made available pursuant to 10 USC § 2576a.
(b)Seeking funds for military equipment, including but not limited to applying for a grant,
soliciting or accepting private, local, state, or federal funds, in-kind donations, or other
donations or transfers.
(c)Acquiring military equipment either permanently or temporarily, including by borrowing
or leasing.
(d)Collaborating with another law enforcement agency in the deployment or other use of
military equipment within the jurisdiction of this department.
(e)Using any new or existing military equipment for a purpose, in a manner, or by a person
not previously approved by the governing body.
(f)Soliciting or responding to a proposal for, or entering into an agreement with, any other
person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the
use of military equipment.
(g)Acquiring military equipment through any means not provided above.
706.6 COORDINATION WITH OTHER JURISDICTIONS
Law enforcement agencies responding to a call for mutual aid or who participate in collaboration
or coordination with the Tiburon Police Department within the Town of Tiburon shall adhere to
their own policies on the use of military equipment.
706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should
submit a military equipment report to the governing body for each type of military equipment
approved within one year of approval, and annually thereafter for as long as the military equipment
is available for use (Government Code § 7072).
Tiburon Police Department
Tiburon PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/05/06, All Rights Reserved.
Published with permission by Tiburon Police Department ***DRAFT***Military Equipment - 4
The Chief of Police or the authorized designee should also make each annual military equipment
report publicly available on the department website for as long as the military equipment is
available for use. The report shall include all information required by Government Code § 7072 for
the preceding calendar year for each type of military equipment in department inventory, which
is the following information:
(a)A summary of how the military equipment was used and the purpose of its use.
(b)A summary of any complaints or concerns received concerning the military equipment.
(c)The results of any internal audits, any information about violations of the military
equipment use policy and any actions taken in response.
(d)The total annual cost for each type of military equipment, including acquisition,
personnel, training, transportation, maintenance, storage, upgrade and other costs,
and from what source funds will be provided for the military equipment in the calendar
year following submission of the annual military equipment report.
(e)The quantity posessed for each type of military equipment.
(f)If the law enforcement agency intends to acquire additional military equipment in the
next year, the quantity sought for each type of military equipment.
The Tiburon Town Council will use the Annual Military Equipment Report as a mechanism to
ensure the Tiburon Police Department's compliance with this Military Equipment Use Policy,
and to help it determine whether to approve, revise, or revoke components of the Policy for the
subsequent year.
706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold
at least one well-publicized and conveniently located community engagement meeting, at which
the Department should discuss the report and respond to public questions regarding the funding,
acquisition, or use of military equipment.
706.9 POLICY COMPLIANCE
Government Code section 7070 requires that this policy specify the mechanisms to be used by the
Department to ensure compliance with this policy. Complaints regarding violations of this policy
are subject to investigation and discipline in accordance with Policy 1009, and other policies of
the department related to officer discipline. Complaints, questions, or other inquiries can be made
as descibed below in the Public Involvement section. Further, the Chief will designate a Military
Equipment Coordinator, whose responsibilities are described herein, which will include assisting
with ensuring compliance with this policy.
Tiburon Police Department
Tiburon PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/05/06, All Rights Reserved.
Published with permission by Tiburon Police Department ***DRAFT***Military Equipment - 5
706.10 PUBLIC INVOLVEMENT
Pursuant to California Government Code § 7070(d)(7), members of the public may register
complaints or concerns or submit questions about the use of each specific type of Military
Equipment in this policy by any of the following means:
(a)Via phone call to: (415) 789-2801
(b)Via mail sent to: Tiburon Police Deparmtnet, 1155 Tiburon Blvd., Tiburon, CA 94920
(c)Via email at: www.townoftiburon.org/268/Personnel-Complaints-Commendations
The Tiburon Police Department is committed to responding to complaints, concerns, and/or
questions received through any of the above methods in a timely manner.