HomeMy WebLinkAboutCC Resolution 13276 (Marin Bocce Federation)RESOLUTION NO. 13276
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE A FACILITY USE
AND MANAGEMENT AGREEMENT WITH MARIN BOCCE FEDERATION
FOR THE ALBERT PARK BOCCE BALL COMPLEX
WHEREAS, The Marin Bocce Federation has provided public facilities and programs in
Albert Park for Bocce games, tournaments and leagues under Agreements with the City of San
Rafael since 1994; and
WHEREAS, the Marin Bocce Federation under said Agreements has made over $1
million in improvements to the Bocce Complex in Albert Park; and
WHEREAS, an estimated 12,000 members of the public engage in recreational Bocce
and over 150 organizations stage fundraising and other events at the Complex each year; and
WHEREAS, the Marin Bocce Federation raises all operational and capital project funds
through fees, donations and contributions and is financially self supporting; and
WHEREAS, the City of San Rafael wishes to enter into an extended Agreement with the
Marin Bocce Federation to authorize the continuation and expansion of Bocce program services
to the public in Albert Park; and
WHEREAS, the City Council finds that the approval of this Agreement is categorically
exempt under the California Environmental Quality Act (CEQA) Guidelines, Section 15301, and
is exempt under CEQA Guidelines, Section 15061(b)(3), as there is no possibility that the
activities under the Agreement will have significant adverse effect on the environment; and
WHEREAS, the Park and Recreation Commission of the City of San Rafael reviewed the
proposed Agreement in a public meeting on November 17, 2011 and recommend approval to
the City Council.
Now, Therefore, The City Council of the City Of San Rafael does resolve, determine and
order as follows:
Authorizes the City Manager to execute a Facility Use and Management Agreement with Marin
Bocce Federation for the Albert Park Bocce Ball Complex
1, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council of the
City of San Rafael, held on Monday, the Stn of December 2011, by the following vote, to wit:
AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Esther C. Beirne, City Clerk
FACILITY USE AND MANAGEMENT AGREEMENT
FOR THE ALBERT PARK BOCCE BALL COMPLEX
This agreement is made and entered into this day of r- ,
20011, by and between the City of San Rafael, herein referred to as "City", and the Marin
Bocce Federation, a private, non-profit corporation herein referred to as "Federation".
RECITALS
WHEREAS, the City, after significant community input, prepared a renovation plan for
Albert Park in 1993, and
WHEREAS, as part of that renovation project, the Federation agreed to build six bocce
ball courts at Albert Park; the construction of said courts, costing $450,000.00, with little
City expenditure, was completed in 1994 ; and
WHEREAS, on December 5, 1994, Federation, a non-profit organization promoting
public participation in the play of bocce ball and the City, entered into a Facility Use and
Management Agreement for the Use and Management of the Complex located in Albert
Park; and
WHEREAS, two additional bocce courts were approved and installed in 1998, at a cost of
$200,000.00 borne by the Federation; and
WHEREAS, the City granted permission and the Federation received the appropriate
permits to allow for beer and wine to be served on site in 1998; and
WHEREAS, improvements to the Complex were proposed by the Federation and
approved by the City for, a restroom (1996), wrought iron fencing (1999), court repair
(1990) landscape (2002), installed and paid for by the Federation between 1994 and
2005.
WHEREAS, following public hearing conducted in November and December 2004, the
City's Park and Recreation Commission recommended, and the City council approved,
amendments to the Albert Park Master Plan to allow for the Federations reuse of the now
vacant city property at 525 B Street and the City building located at 535 B Street; and
WHEREAS, on April 4, 2005, the City and the Federation entered into an Amended
Facility Use and management Agreement for the Albert Park Bocce complex located at
Albert Park, to enhance the recreation activities for the City's citizens and to promote
health, safety and welfare by encouraging greater public use of the Complex; and
WHEREAS, the building at 525 B Street, deemed unsafe and condemned by the City,
was demolished in February of 2005;, the Federation renovated the building at 535 B
Street with two indoor Bocce Courts in 2007, and again with improvements to the
interior, addition of office, seating, meeting and storage space in 2010; and
WHEREAS, the Federation has funded and installed over $1.1 million in improvements
to the Complex since 1993; and
WHEREAS, the City and the Federation desire to renew and extend the Agreement for
the Use and Management of the Albert Park Bocce Complex_so as to continue to enhance
the recreational activities for its citizens and to promote the general health, safety and
welfare by encouraging the public use of the Complex.
NOW, THEREFORE, the City and Federation hereby agree as follows:
AGREEMENT
Section 1: The Complex.
This Agreement shall apply to the enclosed area in Albert Park containing eight
bocce ball courts, one building, one building site with a formal rose garden and gazebo,
two arbors, patio, restroom facilities, fountain, interior and exterior landscaping
irrigation, fence and gates as is more specifically designated in Exhibit "A" attached
hereto and incorporated herein (Complex). This definition of "Complex" may only be
changed upon the parties' written amendment to this Agreement.
Section 2: Duties and Responsibilities of Federation.
2.1: Federation shall, during the term of this Agreement, maintain its status as a
private, non-profit corporation pursuant to IRS Section 501(c)(3), or any subsequent
regulation. Proof of status is included in Exhibit "B", attached and incorporated
herein.
2.2: Federation shall routinely and regularly, at its sole expense and resources,
manage and maintain Complex, and all its related equipment and furnishings, in
accordance with the specifications and requirements enumerated in Exhibit "C",
Maintenance and Repair Responsibilities for the Albert Park Bocce Court Complex,
attached hereto and incorporated herein. Federation shall be responsible for property
damage due to normal wear and tear, minor vandalism and graffiti. FEDERATION
shall be responsible for the payment of all electric, natural gas (PG&E), garbage
(_ISS) and eater (M.MWD) utility charges generated by operation of the Complex.
2.3: Federation shall establish, organize, promote, conduct and supervise bocce
ball leagues, lessons, tournaments, casual play for any member of the public who
wishes to engage in such organized bocce ball activities. Federation shall not prevent
any member of the public from participating in any or all Federation activities,
according to Federation policies for registration.
2.4: Federation shall develop reasonable rules and procedures for persons using
Complex, subject to the review and approval of the Park and Recreation Commission
and the Director of Community Services (Director). Such rules shall be in conformity
with and shall not conflict with any other rules and regulations governing the use of
the City's parks and facilities.
2.5: Federation shall, on February 1" of each year, provide the Director with a
complete schedule of all Federation organized activities (leagues, lessons,
tournaments and events), which will require Federation's organized use of the
Complex. Federation shall coordinate its programs and activities to avoid conflicts
with City activities. Changes to the submitted schedule of events shall be upon
written notification and agreement of the parties.
2.6: Federation shall establish a reasonable fee schedule for persons participating
in its organized activities (leagues, lessons, and tournaments), rental uses of the
facilities, and fees for use of equipment, subject to the review and approval of the
Director. This fee schedule shall be uniformly applied to all persons participating in
Federation's organized activities. Federation shall not discriminate between
Federation members and the public generally.
2.7: Federation shall be responsible for collection and disbursement of program
and rental fees generated by Federation and its organized activities. The fees
collected shall be used exclusively for Federation administration, programs,
maintenance costs, and capital improvements. The City reserves the right to conduct
City -organized bocce programs that compliment the Federation activities and
schedule, at no cost to the City.
2.8: Federation shall provide monitors, attendants or other supervisory personnel
for its programs and organized activities. Federation shall not be required to provide
monitors, attendants, or other supervisory personnel for City -organized or non -
Federation bocce programs.
2.9: The City permits the Federation and persons registered to participate in the
Federation leagues and organized activities, to possess and consume beer and wine on
the Complex. This permit is granted by the Director of Community Services as
authorized by) section 8.18.03013 of the San Rafael Municit)al Code, This permit
shall be in place for the term of this Agreement, subject to termination or suspension
by the Director for violation of the terms and conditions of the permit.:
A. This permit shall expire with this Agreement
B. Possession and consumption of beer and wine shall only occur during
Federation sponsored, organized and supervised activities, between the
hours of 10:00 a.m. and 10:30 p.m. and only within the Bocce Complex at
Albert Park.
C. The Federation shall be responsible for compliance with any and all
other federal, state, and local regulations regarding the possession and use
of alcohol.
D. The Federation shall not sell or furnish alcoholic beverages, nor allow
or permit participants to sell or furnish alcoholic beverages to any person
at any time outside the Complex.
E. The Federation understands, acknowledges and agrees that this permit
is revocable by the City at any time without cause, upon forty-eight (48)
hour notice.
This permit may be immediately and automatically revoked upon
violation of any of the terms and conditions of this permit or upon any
violation of law by the Federation or its participants as per the San Rafael
Municipal Code:
Municipal Code 8.10.160 - Park closure.
"Any park, building or portion thereof may be declared closed to the
public by the director at any time and for any interval of time, either
temporarily or at regular and stated intervals (daily or otherwise) and
either entirely or only to certain uses, as the director finds reasonably
necessary for the protection of property or for the public health, safety or
welfare. No person shall enter or remain in any park, building, or portion
thereof, which has been closed and noticed as closed by appropriate
signs, fencing or cordoning, or by warning cones."
F. Federation shall have a supervisor or manager or other responsible
organization official at the Complex when the alcohol permitted under this
permit is being possessed or consumed. Said official shall be responsible
to monitoring conduct and shall immediately notify law enforcement
should dangerous or unlawful conduct occur.
G. Federation shall notify in writing all registered participants in its
organized activities as to the terms and conditions of this permit. Such
writings shall include, but not be limited to notices posted at the Complex,
and a statement of these terms and conditions shall be included in the
Federation's Rules and Regulations.
4
2.10: Federation shall notify the Community Services Department at least 60
days in advance, of Federation events, programs or organized activities, involving
more than 100 participants. In such cases, Federation shall, at its sole expense,
prepare a parking plan for the Complex, Albert Park, and San Rafael Community
Center for the dates affected. Said plan shall be provided to the City for review and
approval. Federation -shall at its sole expense, implement said plan.
2.11 The scheduling of competitive events at the Complex, where
attendance is expected to exceed 300 persons per day, four hours per day, for a period
of two or more consecutive days will require an events management plan approved by
the City that addresses parking, traffic, and noise controls, security, impacts on the
neighborhood, community and City functions , The primary purpose of this
Agreement is to serve the citizens of San Rafael with recreational opportunities at the
Complex. Functions at or uses of the Complex that serve players and organizations
outside of San Rafael are considered a secondary priority.
2.12 City retains the right to approve or deny the use of the San Rafael
Community Center Parking Lot for Federation programs, based on use schedule
2.13: Federation shall make the following improvements to the Complex:
A. Phase 1: Wrought iron fencing and landscaping of the style, type and
materials consistent with those used throughout the Complex was installed
and shall be maintained on the perimeter of the site to visually screen the
area from the street. The area previously occupied by the 525 building
may be used as a garden, social or picnic area. Structural improvements to
the former 525E Street building site area or use of the area for other
purposes will require the approval of the Parks and Recreation
Commission and any applicable environmental and design review permits
and building pen -nits. . The former 525 B Street building area shall be
developed according to the conceptual plan approved by the Park and
Recreation Commission July 19, 2007. Phase 1 was completed in 2006.
B. Phase 2: 535 B Street was renovated with seismic upgrades, new
roofing and improvements that include two indoor bocce courts,
Federation offices, conference room, restroom, and eating area pursuant to
the design approved by the Parks and Recreation Commission, dated July
17, 2007. Any additional modifications, renovations or additions must be
approved by the Park and Recreation Commission and are subject to
required environmental design, review permits and building permits.
C. Phase 3: Within the term of this agreement, the Federation shall
conduct the planning process for possible future expansion of 535 B
Street. The process shall include a site plan detailing improvements with a
building program, financing strategy, and timeframe for construction.
Such plans will be subject to all City reviews and requirements and
approval of the Park and Recreation Commission, Design Review Board,
Planning Commission and City Council.
D. Phase 4: Within the term of this Agreement, the Federation shall
renovate and/or reconstruct the ten existing bocce courts as determined
necessary by the Federation for continued public and private use, with
such environmental and design review permits and building permits as
may be required
E. Phase 5: Within the term of the Agreement, the Federation shall
conduct the planning process for possible installation of solar power
equipment in the Complex and complete a site plan detailing such
improvements, and may request City approval of the installation of such
improvements at Federation's sole expense, subject to Park and Recreation
Commission review, and such environmental and design review and
building permits as may be required,.
2.14: Any improvements to Complex are subject to. review by the Park and
Recreation Commission, Design Review Board, Planning Commission and approval
of the City Council. Any improvements will be required to comply with the
California Building Code Title 24, and Title III of the ADA.
Section 3. Duties and Responsibilities of Citv.
3.1: City shall permit the Federation use of the Complex for its organized
activities pursuant to the submitted schedules and subject to the provisions outlined in
this Agreement.
3.2: City shall cooperate with Federation in the promotion and supervision of its
organized activities.
3.3: Subject to the City's limitations of budget and other resources, City shall
rebuild and/or repair Complex in the event it is damaged by acts of God, vandalism or
intentional or negligent acts of third parties in excess of $25,000. Federation shall
rebuild and/or repair Complex in the event it is damaged by acts of God, vandalism or
intentional or negligent acts of third parties up to $25,000. Both parties understand,
acknowledge and agree that because of fiscal constraints of the City agreed repairs
are contingent upon the City having funds available for this purpose.
Section 4. Compensation.
4: In recognition of the Federation's a) contribution of $1.1 million worth of park
improvements, b) its ongoing maintenance of Complex at a cost of approximately
525,000 per year, and c) the improvements to the building at 535 B Street, and
payment for utilities, City shall_waive facility use fees for Complex for the term of
this Agreement. Upon any renewal of this Agreement, the parties shall re -negotiate
the terms of compensation.
Section 5. Repayment of City Loans
5: As of the execution of this Agreement, all outstanding loans by the City to the
Federation were previously excused in recognition of the substantial contribution to
the improvement of the building, 535 B Street,
Section 6. Reports and Audits.
6.1: No later than February I" of each year, Federation shall provide to the Park
and Recreation Commission a report containing the following:
A. A comprehensive status report describing_all organized activities
conducted and supervised during the previous year;
B. A detailed proposal of site improvements, including the estimated costs,
time for completion and funding sources;
C. Recommendations regarding the operation of the Complex.
6.2: Federation shall maintain books, statements, ledgers, accounts and all other
documents related to its management and use of complex under this Agreement.
6.3: City shall have the right, upon reasonable notice, to obtain access to,
review, and to audit Federation's books, statements, ledgers, accounts, and all other
documents relating to its management and use of Complex under this Agreement.
6.4: Federation shall provide to the Director a copy of its annual financial
statement as regularly prepared.
Section i. Term.
The term of this Agreement shall be from December 1, 2011 until November 30,
2030, inclusive, subject to earlier termination pursuant to Section 8. Upon expiration,
the term of this Agreement may be renewed for fifteen (15) additional years if.
A. Federation has complied with all the terms and conditions of this
Agreement.
B. Federation and City Manager have agreed, prior to expiration, to the
Federation's compensation, if any, to City for the additional ten -n.
C. There are no other changes to the terms and conditions of the Agreement_
Section 8. Termination of Agreement.
8.1: If, upon sixty days (60) written notice of deficiency in performance, the
party so notified fails to correct the deficiency, the party giving notice may terminate
this Agreement. Deficiency in performance shall be defined as any of the following:
A. Failure of a party to perform or comply with all of the terms and
conditions of this Agreement.
B. The financial insolvency of the Federation as evidenced by
i. any filing for reorganization under the bankruptcy statutes or
otherwise being named as a debtor in such proceeding, which is
not set aside within thirty days of filing, or
ii. any audit
C. The dissolution of the Federation.
Section 9. Indemnitv.
Federation shall defend, indemnify and hold harmless City, its officers,
employees, agents and volunteers from and against any and all claims, demands,
losses, or liability which may be alleged by any person, or by Federation, for injury
to, or death of persons or damage to property, however arising, from the obligations
and actions of Federation, its officers, employees, agents or volunteers under the
terms of this Agreement, excepting only the sole gross negligence or willful
misconduct of City. Federation assumes all responsibility for damages to property or
for injuries to persons a) directly or indirectly caused by services or equipment
provided by Federation under the terms of this Agreement, b) occurring in or on any
portion of the Complex during any and all Federation -sponsored events, or c) caused
by the condition of the Complex.
Section 10. Insurance.
10.1: Federation at its sole cost and expense, shall obtain and maintain, during
the life of this agreement, a commercial general liability policy in the amount of
$1,000,000, per occurrence and $3,000,000 aggregate, satisfactory in farm to the
City, and with the City, its officers, employees, agents and volunteers added as
additional named insured, as shall protect Federation and City its officers, employees,
agents and voluntcers_from claims for damages or personal injury, including
accidental death as «ell as for claims for property damage with may arise from or out
of this Agreement, whether by Federation, its officers, agents, employees, volunteers
or subcontractors.
10.2: Each such policy of insurance described in Section 10.1 shall be endorsed
to provide as follows:
A. It is agreed that the coverages afforded shall be primary insurance and
that any insurance or self-insurance maintained by the City
B. It is further agreed that the coverages afforded shall apply as if
separate policies were issued to each (gross liability).
C. All rights or subrogation are hereby waived against the City of San
Rafael and the members of its City Council and elective or appointive
officers or employees, when acting within the scope of their employment
or appointment.
D. This insurance shall not be canceled, limited or non -renewed until after
thirty (30) days written notice has been given to the City.
10.3: A duly executed Certificate of Liability Insurance, evidencing all of the
coverages required herein, shall be submitted in a form approved by the City Attorney
to the City Clerk, with a copy to the Director.
10.4: The required endorsements of the insurance policies shall be submitted in a
form approved by the City attorney to the City Clerk, with a copy to the Director.
Section 11. Independent Contractor.
It is understood and agreed that the Federation, in its performance of the duties
and obligations under this Agreement, shall act as and shall be an independent
contractor and not an agent or employee of the City. As such, Federation, its
employees, agents and volunteers shall obtain no rights or benefits, which accrue, to
City employees. Federation expressly waives any claims it, its employees, agents or
volunteers may have to any such rights or benefits.
Section 12. Assignability: No Third Partv Beneficiaries.
12. 1: Federation shall not assign or transfer any interest in this Agreement, nor its
duties and obligations under this Agreement, without the prior written consent of the
City, and any attempt by Federation to so assign this Agreement, or any rights, duties,
or obligations arising hereunder, shall be void and of no effect.
12.2: Neither party shall assign or transfer its rights to enforce any part of this
Agreement. The obligation of the City and the obligations of the Federation stated in
this Agreement are not intended to, and do not, create any rights to any other person
or entity which such person or entity would not otherwise have in the absence of this
Agreement.
Section 13. Compliance With All Laws; Non-discrimination.
Federation shall comply with all applicable laws, ordinances, codes, and
regulations of the State, Federal and local governments. Federation shall not
discriminate, in any way, against any person, on the basis of age, sex, race, color,
creed, or national origin in connection with or related to the performance of this
Agreement.
Section 14. Authority.
Each party represents that it has duly approved the signing of this Agreement and
has duly authorized the person named below to sign this Agreement on its behalf in
accordance with applicable law. Each such named person personally warrants that
he/she has such approval and authority.
Section 15. Waiver.
Federation understands and agrees that waiver by the City of any breach or
violation of any term or condition of this Agreement shall not be deemed to be a
waiver of any other term or condition contained herein or a waiver of any subsequent
breach or violation of the same or any other term or condition. The acceptance by the
City of the performance of any duty or obligation by Federation shall not be deemed
to be a waiver of any term or condition of this Agreement.
Section 16. Notices.
All notices and other communications required or permitted to be given under this
Agreement shall be in writing and shall be personally served or mailed, postage
prepaid addressed to the responsive parties as follows:
To City: City of San Rafael Attn: Director, Community Services
P.O Box 151560
San Rafael, California 94915-1560
To Federation: Marin Bocce Federation
550 B Street
San Rafael, California 94901
Notice shall be deemed effective on the date personally delivered or, if mailed, upon
deposit in the mail.
Section 17. Whole Agreement.
This Agreement, including all Exhibits attached hereto, represents the entire
understanding of the parties as to those matters contained herein. No prior oral or
HM
written representation or understanding shall be of any force or effect with respect to
those matters covered hereunder. This Agreement may only be modified by a written
amendment executed by the parties to this Agreement. However, upon their mutual
agreement, the President of the Federation and the City's Community Services
Director may make minor, non -substantive operational changes, such as
programming schedules, rules and regulations for league or individual participation,
repairs to existing equipment and facilities, infrastructure to the Amended Agreement
without formal approval by the Council. Said Amendments shall be in writing.
Section 17. Attornev's Fees.
In the event litigation is initiated to enforce or interpret this Agreement, the
prevailing party shall be entitled to recover its attorney fees and costs, including
witness and expert fees.
City of San Rafael
By
Nancy Mackle, City Manager
Attest:
Esther C. Beime, City Clerk
Attached: Exhibit "A" Complex
Marin Bocce Federation
Tom Miller, -1 resident *
Marin Bocce Federation
Approved as to Form:
Rob Epstein, City Attorey
Exhibit "B" )vlarin Bocce Federation Maintenance and Repair Responsibilities
for the Albert Park Bocce Court Complex
Exhibit "C" Proof of :ion- Profit 501 C3 Status
Exhibit "D" Pen -nit for the Possession and Consumption of Beer and Wine
Exhibit "E" Proof of Insurance
Exhibit A
Exhibit B
Marin Bocce Federation Maintenance and Repair Responsibilities for the
Albert Park Bocce Complex
The following list outlines the required tasks to be completed by the Marin Bocce
Federation to maintain the Bocce Complex at Albert Park. The intent of the list is to
outline the agreed upon maintenance tasks necessary to keep the court areas and
surrounding facilities safe, and clean for public use.
1. Litter Removal - minimum of twice weekly.
2. Garbage Collection -weekly
3. Hard Surface Cleaning - weekly
4. Landscape Maintenance - as needed with attention to weed eradication on a regular,
but not less than three times per year
5. Pruning - Trees annually; shrubs twice per year
6. Fertilizing - minimum of once yearly or as needed
7. Irrigation - regular maintenance of and monitoring of the programmable irrigation
system; City shall be responsible for major water connections as part of the Albert Park
system.
8. Structures - MBF shall be responsible for regular maintenance and repair of all
facility features such as arbors, paths, gates, fences, benches, tables, fountains, interior
spaces, restrooms etc.
9. Drainage - regular removal of debris, drain inlets, catch basins to maintain clear
drainage lines; City shall be responsible for drain line connections to Albert Park main
drain lines.
10. Vandalism - MBF shall be responsible for repair of vandalism as per the Agreement
terms.
INTERNAL REVENUE SERVICE
DISTRICT DIRECTOR
2 CUPANIA CIRCLE
MONTEREY PARK, CA 91755-7406
Date.- APR 12 05
THE MARIN BOCCE FEDERATION
P 0 BOX 150392
SAN RAFAEL, CA 94915-0392
Dear Applicant:
Exhibit C
DEPARTMENT OF THE TREASURY
Employer Identification Number:
68-0311346
Case Number:
955066032
Contact Person:
DANIEL HUMM
Contact Telephone Number:
(213) 725-6619
Accounting Period Ending:
December 31
Foundation Status Classification:
170 (b) (1) (A) (vi)
Advance Ruling Period Begins:
February 1, 1994
Advance Ruling Period Ends:
December 31, 1998
Addendum Applies:
No
Based on information you supplied, and assuming your operations will be as
stated in your application for recognition of exemption, we have determined you
are exempt from federal income tax under section 501(a) of the Internal Revenue
Code as an organization described in section 501(c)(3).
Because you are a newly created organization, we are not now making a
final determination of your foundation status under section 509(a) of the Code.
However, we have determined that you can reasonably expect to be a publicly
supported organization described in sections 509(a)(1) and 170(b)(1)(A)(vi).
Accordingly, during an advance ruling period you will be treated as a
publicly supported organization, and not as a private foundation. This advance
ruling period begins and ends on the dates shown above.
Within 90 days after the end of your advance ruling period, you must
send us the information needed to determine whether you have met the require-
ments of the applicable support test during the advance ruling period. If you
establish that you have been a publicly supported organization, we will classi-
fy you as a section 509(a)(1) or 509(a)(2) organization as long as you continue
to meet the requirements of the applicable support test. If you do not meet
the public support requirements during the advance ruling period, we will
classify you as a private foundation for future periods. Also, if we classify
you as a private foundation, we will treat you as a private foundation from
your beginning date for purposes of section 507(d) and 4940.
Grantors and contributors may rely on our determination that you are not a
private foundation until 90 days after the end of your advance ruling period.
If you send us the required information within the 90 days, grantors and
contributors may continue to rely on the advance determination until we make
a final determination of your foundation status.
If we publish a notice in the Internal Revenue Bulletin stating that we
Letter 1045 (DO/CG)
-2 -
THE MARIN BOCCE FEDERATION
will no longer treat you as a publicly supported organization, grantors and
contributors may not rely on this determination after the date we publish the
notice. In addition, if you lose your status as a publicly supported organi-
zation, and a grantor or contributor was responsible for, or was aware of, the
act or failure to act, that resulted in your loss of such status, that person
may not rely on this determination from the date of the act or failure to act.
Also, if a grantor or contributor learned that we had given notice that you
would be removed from classification as a publicly supported organization, then
that person may not rely on this determination an of the date he or she
acquired such knowledge.
if you change your sources of support, your purposes, character, or method
of operation, please let us know so we can consider the effect of the change on
your exempt status and foundation status. If you amend your organizational
document or bylaws, please send us a copy of the amended document or bylaws.
Also, let us know all changes in your name or address.
As of January 1, 1984, you are liable for social security taxes under
the Federal Insurance Contributions Act on amounts of $100 or more you pay to
each of your employees during a calendar year. You are not liable for the tax
imposed under the Federal Unemployment Tax Act (FUTA).
Organizations that are not private foundations are not subject to the pri-
vate foundation excise taxes under Chapter 42 of the Internal Revenue Code.
However, you are not automatically exempt from other federal excise taxes. If
you have any questions about excise, employment, or other federal taxes, please
let us know.
Donors may deduct contributions to you as provided in section 170 of the
Internal Revenue Code. Bequests, legacies, devises, transfers, or gifts to you
or for your use are deductible for Federal estate and gift tax purposes if they
meet the applicable provisions of sections 2055, 2106, and 2522 of the Code.
Donors may deduct contributions to you only to the extent that their
contributions are gifts, with no consideration received. Ticket purchases and
similar payments in conjunction with fundraising events may not necessarily
qualify as deductible contributions, depending on the circumstances. Revenue
Ruling 67-246, published in Cumulative Bulletin 1967-2, on page 104, gives
guidelines regarding when taxpayers may deduct payments for admission to, or
other participation in, fundraising activities for charity.
You are not required to file Form 990, Return of Organization Exempt From
Income Tax, if your gross receipts each year are normally $25,000 or less. If
you receive a Form 990 package in the mail, simply attach the label provided,
check the box in the heading to indicate that your annual gross receipts are
normally $25,000 or less, and sign the return.
If you are required to file a return you must file it by the 15th day of
the fifth month after the end of your annual accounting period. we charge a
penalty of $10 a day when a return is filed late, unless there is reasonable
Letter 1045 (DO/CG)
-3 -
cause for the delay. However, the maximum penalty we charge cannot exceed
$5,000 or 5 percent of your gross receipts for the year, whichever is less. we
may also charge this penalty if a return is not complete. So, please be sure
your return is complete before you file it.
You are not required to file federal income tax returns unless you are
subject to the tax on unrelated business income under section Sil of the Code.
If you are subject to this tax, you must file an income tax return on Form
990-T, Exempt Organization Business Income Tax Return. In this letter we are
not determining whether any of your present or proposed activities are unre-
lated trade or business as defined in section 513 of the Code.
You need an employer identification number even if you have no employees.
If an employer identification number was not entered on your application, we
will assign a number to you and advise you of it. Please use that number on
all returns you file and in all correspondence with the Internal Revenue
Service.
If we said in the heading of this letter that an addendum applies, the
addendum enclosed is an integral part of this letter.
Because this letter could help us resolve any questions about your exempt
status and foundation status, you should keep it in your permanent records.
If you have any questions, please contact the person whose name and
telephone number are shown in the heading of this letter.
Sincerely ours,
Richard R. Orosco
District Director
Letter 1045 (DO/CG)
OR 45291
Dates ),im- V 7
C/O DAVID N WELLMM
5S0 B ST
SAN RAF=, Cal 94901-3858
Berlx'k Itleettifi+Gatteaet s
ars-031LUS
DzWt
17MI42766639
Contact
:spa Ark.:4 8 DESNUU tib MR 313'58
Contact Tetlepborere >sieaa*W:
Wn) 829-5500
Oear Letter Mated: .
12, 1995
Addend= lepplisss
so
� illvylip�t:
role aedifies .0= letter at the &beva deft In which we stated that you
woulA be treated as an MWAM that is not a privolts foundation Vlati.l tate
expiration opt your advance su2JAq period -
Your emnopl: stacm under section 501(&) of rlw Tiataxni l neveenneee caft as an
ca96n1satioon described is sa tiou 801 (is) (3) is stall in attec+t. aused on the
intorreatiaon you suttasimok we hum deteaare lnead, that you we not a private
fowndati+ari within the meaning of section US(&) of the Coda became yroadt are an
oxyaniaes Ica at the: typa described Sart section 509 (a) (1) and 170 (b) (2) (M (vi)
G..10"Vo..... and cpntr3baLotts rear rely an this duteadINWAMO =13486 the
Intern" Reveme service publinbes notice to the awavag, it ym
loere yatur section 809 (a) (1) stat oo, a sac I - ibutm ee 7 not rely an
this dot myninatiouif be or she was in hart ... p ., . � NUA* fear, or was auar a of.
the tract ox }§.4 to acct, or the sor Material a hawaea on the past of
taio cetgeenite►tiaoee: tier[ >^eteeilteed in you loss of =xft stains, or if he or mb*
acquired kncmle ft e t bm the Intexual ftwenue 5Ruvice badgiven noace ibat you
"=Id nes loug" be classified as a section 509 W {1) a sat►tica.
if we have- indicated in the heading of this tetter that: an adde wluas
sM2ies, the add endwea analc seed is an Integral part of this Iet ter.
... - --L �.., ralClt MV Z%AM 'iota ' VMMetlame-'eaesnee
foumdstioees statusf plamm keeep it in your poxmMumt raoom".
if you ttnee salt questlow. F2 contact the pwhose ZWM" 8uad .
telephone DWOU are shown abovae:
Distri+Ct
S *tzsr 1050 MAA)
Exhibit D
City of San Rafael
PERMIT FOR POSSESSION AND CONSUMPTION OF BEER AND
WINE IN BOCCE BALL COMPLEX
AT ALBERT PARK
The City of San Rafael hereby permits the Marin Bocce Federation and persons
registered to participate and participating in the Federation leagues and organized
activities, to possess and consume beer and wine on the Bocce Court Complex in Albert
Park. This permit is granted by the Director of Community Services as authorized by
Sections 2.16.028 (18) and 8.18.030B of the San Rafael Municipal Code, and is issued to
the Federation subject to following terms and conditions:
1. This permit shall expire on November 30, 2030.
2. Possession and consumption of beer and wine shall only occur during the Federation
sponsored, organized, and supervised activities, between the hours of 10:00 a.m. and
10:30 p.m. and only in the Bocce Complex at Albert Park.
3. The Federation shall be responsible for compliance with any and all other federal,
state, and local regulations regarding the possession and use of alcohol.
4. The Federation shall not sell or furnish alcoholic beverages, nor allow or permit
participants to sell or furnish alcoholic beverages to any person at any time in Albert
Park.
5. The Federation understands, acknowledees and agrees that this permit is revocable by
the City at any time without cause, upon forty-eight (48) hour notice. This permit
may be immediately and automatically revoked upon violation of any of the terms and
conditions of this permit or upon any violation of law by the Federation or its
participants.
6. Federation shall have a supervisor or manager or other responsible organization
official at the Complex when the alcohol permitted under this permit is being
possessed or consumed. Said official shall be responsible to monitor conduct and
shall immediately notify law enforcement should dangerous or unlawful conduct
occur.
7. Federation shall notify in writing all registered participants in its organized activities
as to the terms and conditions of this permit. Such writings shall include, but not be
limited to, notices posted at the Complex, and a statement of these terms and
conditions in the Federation's Rules and Regulations.
Exhibit E
CERTIFICA I'E C"If kJABILITY 144 SURANCE
11/14/2011
THIS CERTIFICATE IS fSSUED AS A ILIATTER f.W- Mr-OR&SATION 0sk:f .11UD CCNrE:1S -',40 R"TS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES MOT AFERVATiVELY QR NEGKMWELY "MiEND, 1-axTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES HOT C(LRSTITUTIF A CONTRACT BEIWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT- If the certificate holder Is an ADDITIONAL 2NSURED, the policy(les) mu,# be qndotaed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies nnay mqulre an eader"emerO. A .° 7tatesiiant tin this certificate does not confer rights to the
certificate holder in lieu of such evideraement(a).
CONTACT
wo%=ff-sawye, & co, MAKE:
FAX
FA
1
88 Rowland Way, Suite 180 LIA C Nok.
Novato, CA 94945 ADDRESS:
(415) 878-2460 UZURER(S) AFFORDING COVERAGE NAJC III
I%SUREK A: !qonprol'its'Insurance Alliance of CA
INSURED 2-�SWPLE.4 v.
Marin Bocce Federation
550 B Street 0,
San Rafael, CA 94901 INSURER 0:
e4SURER C;
INSURER F;
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR A1311 an POLICY EFF POLICY ENP
...aLTR TYPE OF INSURANCE POLICY NUMBER (W-001yyyyl (WI)WMI LIMITS
A GENERAL UABILfTV 201106143 08/14/2011 08/14/2012 EACH OCCURRENCE 1,000.000
DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY PBENsEsm. i Ls 500,000
CLAIMS -MADE "ZA OCCUR MED EXP (Any one person) 20,000
PERSONAL & ADV KMY Is 1,000,000
GENERAL AGGREGATEis 2,000,000
- GENIL AGGREGATE LlMfl',iPPLIES PFR: PRODUCTS - COMPIOP AGO III 2,000,000AX1 POLICY F 1 PIA07 F-1 LOC $
A AUTOMOBILE LIABILITYCOMBINED SINGLE LIMIT 1,000,00i
201 614-31 _jEa wddwM
ANY AUTO BODILY (NAM (per person)
ALL OVIINIED 8CHEWi-m SOMYNAMO-Graomeng S
AUTOS AUTOS
X
NON-OWNED PROPERTY DAMAGE HIRED AUTOS X AUTOS (Per seddona Is
Is
A X UMBRELLA LIAO I X] OCCUR 201106143UMUNPO 0811412011 08/14/20121EAcHoccuRRENcE S 2,000,00{EXCESS LIAO CVIAC
LAIMS-E AGGREGATE $ 2,000,001
DIM I X I RETENTIONS 10,000 $
WORKERS COMPENSATION We STA*rU-
Q
AM EMPLOYERS' LIABILITY YIN [A LIMITS I I &
ANY PROPRIETORIPARTNEPAXECUTIVE F -L EACH ACCIDENT $
OFFICER0MEMBER EXCLUDED? 1 j MIA
(Mandatory in NN) F -L DISEASE - EA EMPLOYEE S
under
=6= OF OPERATIONS bakm EL DISEASE - POLICY LIMIT 1 li
A Building/Business Personal CWB00035680806143 08/1412011 09/14/2012 Bldg. Limit: $1,500,000; BPP Limit
Property $100,000; Deductible (Bldg. & BPP):
$1,000
DESCR#PnON OFOPERA'nous I LOCATIONS I VEI*CLES (Attach ACORD 101. A"flonal Rerawks Schedule, ff mom space is nKp***
Issued for Evidence of Insurance Purposes Only
CERTIFICATE HOLDER
•
Evidence of Insurance SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THERE -OF, NOTICE wiLL BE DELIVERED IN
123 Any Street ACCORDANCE WITH THE POLICY PROVISIONS.
Any Town, CA 12345
Avommuo REPRESENrATtVE
LOAN P.
ID #. 01988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 {2010105} The ACORD name and logo are registered marks of ACORD
Attachment C
San Rafael Park and Recreation Commission
Meeting Minutes: November 17, 2011
(pending approval)
Chairman Ralph Mihan called the meeting of the San Rafael Park and Recreation Commission to
order at 7:10 p.m.
Roll Call: Mark Bustillos, Eric Holm, Jeff Jones, Mark Lubamersky, Mark Machado, Ralph
Mihan, Fred Warnecke,
Commissioners Present:, Eric Holm, Jeff Jones, Mark Lubamersky, Mark Machado, Ralph
Mihan
Commissioners Absent: Mark Bustillos, Fred Warnecke
Staff Present: Director Carlene McCart, Steve Mason, Recreation Supervisor
Public Comment:
Reuel and Sylvia Brady returned to the Commission for direction to proceed on fundraising for a
donation to Freitas Park as discussed at the October Commission meeting. He also presented a
proto type of the plague that was reworded to read "Grace" in response to Commission
comments. Chair Mihan reported he visited Civic Center Park and observed the musical play
feature there. The piece was in disrepair, however the volume, size and shape of the piece was
acceptable, and therefore he suggested the Commission approve the donation of the musical
play feature when the Terra Linda Homeowner's Association is ready to do so. Commissioner
Lubamersky commented the plague wording was appropriate and a satisfactory compromise.
The Commission will take a formal vote on the donation at their next meeting.
1. Action Items
A. Annual Report from the Pickleweed Advisory Board
Board Members Horacio Enriquez, Louise Yost, Jenny Broering, Nidal Khalili, Man Phan,
Elizabeth Ruellan, and Chair Arlene Sukolsky joined the Commission to present the Annual
Report of Board actions and issues for 2011. Director McCart introduced the item with a review
of the Board charge, and the reporting relationship between the Commission and the Board with
the goal of responsive community service at the Pickleweed Park Community Center and Library.
Supervisor Mason reported on the activities of the Board over the last year and the number of
partnerships the Center maintains with program and service providers as a result of the Board's
selection, review and evaluation process.
Chair Sukolsky addressed the Commission and introduced a video produced by the Board that
highlights the activities, partnerships and program values at the Community Center. She offered
the video as "myth busting". The video was produced by Board members over many months as a
means to present the Annual Report, but also as a current marketing tool for the City and the
Center.
The Board and Commission viewed the video after which comments were offered.
Sukolsky said the video was community building and beneficial to fundraising efforts.
Mihan congratulated the Board on creating the environment in the Community Center where
many different groups come to provide programs to the neighborhood and greater San Rafael.
Commissioner Machado said the wide scope of the ages and interests highlighted in the video
provides an accurate perspective for those who may visit the Center for specific programs and
services. Commissioners noted their appreciation to the current board.
Parks and Recreation Commission
Minutes, November 17, 2011
Page 2
Mason made a presentation honoring Commissioner Man Phan for his many years of service to
the Pickleweed Park Community Center and Library, and as founder of the Vietnamese American
Friendship Club providing invaluable cultural and language education to immigrant Vietnamese
families in the community. Mr. Man Phan will relocate to Sacramento next month. He received a
standing ovation.
After discussion it was
M/s Lubamersky/Holm to accept the Pickleweed Advisory Board Annual Report
AYES: Holm, Jones, Lubamersky, Machado, Mihan
NOES: None
ABSENT: Bustillos, Warnecke
B. Review of Proposed Facility Use and Management Agreement for the Albert
Park Bocce Ball Complex
McCart introduced the item. Marin Bocce Federation has been in Agreement with the City for the
use of Albert Park since 1993. During that time the Federation has made $1.1 million in
improvements to the Complex and served the public with programs of open and league bocce
ball play, community events, private fundraising events which hundreds of thousands of
participants have enjoyed over the years. The Agreement document has been renewed and
amended as more improvements and initiatives have been incorporated. With three years
remaining on the existing Agreement, the Federation requests an extension of fifteen years to
allow the organization to quality for a capital improvement and operational expense loan. The
loan funds will be used to renovate the bocce courts, install solar equipment, and stabilize
finances over the winter months when revenue from programs and rentals decreases.
Tom Miller, President of the Marin Bocce Federation addressed the Commission. The Federation
Board of Directors desires to maximize the opportunities for public service at the Bocce Complex.
Currently the Federation averages $6000 per month in expenses and serves over 1,200 players,
March through October of each year in league, open play, events and rentals.
The bocce courts need to be renovated and in some cases rebuilt due to water intrusion. The
cost for each court is $23,000. The Federation requires a loan to complete the
work, and consider the installation of solar equipment for the production of electricity, a $180,000
cost. In addition a loan would provide bridge funding for operations during the down seasons of
play. The Federation is hopeful that renovation and rebuilding the courts will qualify the Bocce
Complex to host national competitions
Bank of Marin has offered a financing package based on the Federation's cash flow. The Bank
requires continuity of the Federation's use of the complex in order to make the loan. The
Federation requests a 15 year extension on the current term of the Agreement for a total of 18
years going forward.
Lubamersky inquired about the lifespan of a court surface. Six to eight years is average. Mihan
asked if the renovations/rebuilding plans were designed to international play standards. The
courts will be improved to those standards and will be slower, truer with less bounce than what
are currently the conditions. When questioned about capacity, Miller stated 380-400 was the
maximum attendance allowed. The Agreement addresses larger events, such as national
Park and Recreation Commission
Minutes, November 17, 2011
Page 3
competitions, calling for an Events Plan that will provide strategies for parking, traffic, noise, and
other factors the City wishes to consider.
Mihan noted the Agreement's alcohol service permit. He asked that it specify the fact that the
City has authority to close any activity in a public park or place that threatens public welfare;
therefore infractions of the permit could result in immediate action. Miller responded in the history
of the operation of the Bocce Complex, one private group caused issues relating to alcohol
consumption. That group is not allowed to return to the facility.
Mihan went on to say a 15-year term on the new Agreement was acceptable, however that term
should begin at the approval of the Agreement and not be combined with the remaining 3 years
on the current Agreement. Miller responded the additional time was warranted and a specific
request in the new Agreement.
Mihan next commented on the wording regarding the cooperative merging of use schedules
between the Federation and the San Rafael Community Center to avoid large group conflicts.
McCart noted the correction and will amend the Agreement to reflect the change.
Commissioner Holm noted the Agreement and its exhibits were not formatted correctly to be read
by his computer, and thus he would abstain from the vote.
After further discussion it was:
M/s Lubamersky/Jones to recommend the City Council approve the Facility Use and
Management Agreement for the Albert Park Bocce Ball Complex with amendments to reference
the Municipal Code as it pertains to authority to close an activity in a public park or place, and the
rewording of the section regarding cooperative use schedules.
AYES: Jones, Lubamersky, Machado, Mihan
NOES: None
ABSTAINED: Holm
ABSENT: Bustillos, Warnecke
2. Commission Items
A. Director's Report
McCart reported on the Pickleweed Fields over seeding progress, concerns for the concrete deck
at the Terra Linda Community Pool, progress on Agreements with Marin Master Gardeners, Trust
for Public Land, and expansion of rental space at Falkirk Cultural Center; new appointment of the
Director of Human Services and Interim Library Director; City response to camping in parks and
public places; partnership to replace the practice backboard at Albert Park Tennis Courts; Boards
and Commissions Reception on December 7, Breakfast with Santa on December 10; and the
appointment of Mary Ryan, Administrative Assistant at San Rafael Community Center.
B. Falkirk Report
There was no report
Park and Recreation Commission
Minutes, October 20, 2011
Page 4
C. Parks Report
McCart reported the Parks Division is focused on seasonal activities including leaf removal in
preparation for the storm season; the large cypress tree on 5th Avenue was removed
successfully
D. Report from Committees
There was no report
E. Approval of Meeting Minutes, June 16, 2011
M/s Lubamersky/Holm to approve the Minutes
AYES: Holm, Jones, Lubamersky, Mihan,
NOES: None
ABSENT: Bustillos, Warnecke
3. Adjournment
The meeting was adjourned at 9:10 p.m.
Attachment C
From: Samantha Sargent [scichon@gmail.coml
Sent: Tuesday, November 15, 2011 11:47 AM
To: Carlene McCart
Cc: akitomi@comcast.net; marinbocce@att.net; Communities for Albert Park; info@gerstlepark.com; Darren S
Subject: Support for Renewal of Marin Bocce Federation's lease
November 14, 2011
City of San Rafael
Parks and Recreation Commission
c/o Carlene McCart
618 B Street
San Rafael, Ca 94901
Ms. McCart and Commissioners,
My husband and I would like to express our support for the renewal of the Marin
Bocce Federation's lease of space in Albert Park.
They are wonderful neighbors, a positive influence on the character of our
neighborhood, and supply a well needed source of inexpensive recreation to all age
groups. They exemplify the type of private -public partnerships that truly benefits our
parks and residents.
We would very much like to see them in our park for another 18 years.
Sincerely,
Darren and Samantha Sargent
601 B Street
San Rafael, Ca 94901
415-300-7898
Carlene McCart
From:
Robert Beyea [bobbeyea@yahoo.com]
Sent:
Tuesday, November 15, 2011 8:23 PM
To:
Carlene McCart
Cc:
marinbocce@aft.net
Subject:
Bocce resolution
Attachments: GPNA, Bocce Lease Renewal.doc
Carlene,
Attached is the GPNA's full support for the
Bocce Lease Renewal. They are great
neighbors, and I personally play in a league
every Tuesday night in the summer.
Thanks.
Bob BeyealGPNIIq
President
Bradley Real Estate
San Rafael, CA 94901
415-717-5101 -cell
bobbey ea(cDvahoo. cot n
01324046
I 1116/201 1
SUPPLEMENT TO:
SRCC AGENDA ITEM #5
/l2/5/ll\
Begin forwarded message:
From: "Carlene K8cCurt" <Cadene,K8cCartO.chxofsonrofaeiorq'
Date: November 3O.2O115:U1:42PyWPST
To: "Esther Bernn^<EetherBenne(a)cdxmfeanrafaeiorq>
Subject: FW: jackim
E-mail issupport nfthe Bocce Agreement
----- Original Message -----
Fnom:Jackie Slade [mai Ito: iaokia(c) r)hotoonaohYa|acarte.netl
Sent Wednesday, November 30. 2011 4:28 PM
To: CodenaK8mCort
Subject: jackie
| vote yes hothe proposed update tothe current agreement with to an
extension bo2O3D.
Thank you,
jookieSlade
12/1/2011
From the desk of
Digne de Lenea
P.O. Box 1438 San Rafael, CA 94915 (415) 456-9566
December 2, 2011
Community Services Dept.
Ms. Carlene McCart, Director
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
RE: Bocce Ball permit for Albert Park
Dear Ms. McCart:
I live within a block of the Bocce Ball Complex, have been since its inception and have
several objections about its operation as follows:
1 Hours of operation - Sometimes during the summer there are people playing past
10pm and several times past midnight. The lights were fully on and the players
seemed to have no consideration for the noise intrusion on the residential
neighborhood. I would request that they wouldn't start before 10am and have
their lights shut-off by 9:30pm and facility vacated by 10pm. Also, any live-in
caretaker or late night access privileges should be prohibited.
2. Amplified sound is used for announcements and music which is easily heard
inside my residence. For such a small facility I can't imagine why the volume is so
high. I would like to enjoy my music/ TV/ conversation without being drowned -
out by them. I suggest that they use a megaphone to make announcements and
any amplified music be prohibited. Acoustical music is okay.
3. Barbecue grilling at times gets so intense that I have to close all my windows to
keep -out the smell of charcoal / gas / searing meats. I suggest limiting the grilles to
3 and encourage players to not cook there. Sometimes it seems more people are
drinking and partying than playing bocce.
I accept the park will have activities that will generate noise, traffic and now smell but
the Bocce facility has such an intense impact in a small area surrounded by high density
residential uses on two sides. There was no survey taken from the neighborhood as to
the appropriateness of such facility in that location or use of buffer zones/ setbacks to
mitigate noise / smell or late / early activities. I assume politically connected sponsors
got away with an easy approval. I hope planners and city officials be more even-
handed this time.
Sincerelv,
Di,-0ne de Lenea
1 ,,ti
M�
ee
rsA
Park
GERSTLE PARK NEIGHBORHOOD ASSOCIATION
Carlene McCart,
Community Services Director
City of San Rafael
November 15, 2011
Dear Mrs. McCart
Cc: Tom Miller, Chair, The Marin Bocce Federation
Bob Beyea, Board President, The Gerstle Park Neighborhood Association (GPNA)
I am writing on behalf of our Board to report that we wholeheartedly support the renewal of the
Marin Bocce Federation lease at Albert Park. At our November 10"' Board meeting we passed
the following resolution.
Resolution, passed unanimously
The Gerstle Park Neighborhood Association supports the Mat -in Bocce Federation Lease
Renewal.
The Board concluded that the Marin Bocce Federation has been "good neighbors" in the Gerstle
Park area. We salute its policy of public inclusion and physical plant improvements which
contribute to the special flavor of our neighborhood.
'Thank you for your consideration of our friends at Marin Bocce.
Yours truly,
:Xiny Likover,
GPNIA Secretan
alikoverd'zol.com
C: 909.969.8960
Carlene McCart
From: Debbie Lawson (debbie@topdogmediaoutdoor.com)
Sent: Wednesday, November 09, 2011 10:14 AM
To: Carlene McCart
Subject: Supporting the bocce extension
Hi- We live two blocks away from the Bocce courts. They draw mature, engaged, healthy
groups of people who can celebrate living in the community and playing a sport that is good for
all ages. There is no better use for such an area than that in my opinion.
Please extend the agreement so that another generation can enjoy the park.
Debbie Lawson
Right -click here to
.in�.n,lnori .,;nfi roc
415-725-4350 cell
415-230-4748 fax
debbie@topdogmediaoutdoor.com
i
CITY OF SAN RAFAEL
ROUTING SLIP / APPROVAL FORM
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION. BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRAtSRCC=AGENDA ITEM NO.
DATE OF MEETING: December 5, 2011
FROM: Carlene McCart.
DEPARTMENT: Community Services
DATE: November 28, 2011
TITLE OF DOCUMENT:
FACILITY USE AND MANAGEMENT AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARIN
BOCCE FEDERATION FOR THE ALBERT PARK BOCCE BALL COMPLEX
Department Head (signature)
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL / AGENCY
AGENDA ITEM:
CityVan'ager (sidniaifur6)
APPROVED AS TO FORM:
City Attorney (signature