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TC Agd Pkt 2014-06-18 (2)
Diane Crane lacopi From: Heidi Bigall � Sent: Wednesday, June 18, 2014 8:14 AM To: Peggy Curran Cc: Diane Crane lacopi Subject: FW: Del Mar Neighborhood - Undergrounding Refund preference Peggy, I am forwarding this to you as it was a communication sent to the Council by Quentin Hill of the Del Mar Valley representatives. Heidi From: Quentin Hills rmailto :quentinhillsColyahoo.com] Sent: Wednesday, June 18, 2014 6:03 AM To: erin20000(agmail.com; Councilmember Jim Fraser; Councilmember O'Donnell; frank(cbstandingstonegroup.com; Mayor Alice Fredericks Cc: Heidi Bigall; Sam Coffey; Colin Crawford; June Strunk; Roger McGee Subject: Del Mar Neighborhood - Undergrounding Refund preference Dear Council members, I am wring to you ahead of the refund discuss this evening. We have reached out extensively to our neighbors in the assessment district and there is overwhelming (80 %) support for an assessment holiday. We distributed the Town's detailed notice and cash flows outlining the alternatives . Importantly, we converted the future cash flows to present values so we could properly compare all alternatives on an apples to apples basis in today's dollars. While the future cash flows vary significantly the present values for all options are essentially the same at approx $7,500. In other words, all three alternatives have the same economic benefit when converted to today's dollars. We also distributed these calculations to our neighbors. There is overwhelming support for the Assessment Holiday.Additionally, we had a Spring Social for the neighborhood in May and while we were only able to take a show of hands vote there was was also overwhelming support from the over 80 attendees for the Assessment Holiday. Based on the information received from Heidi Bigall and supplemented with the data from the DelMar Association Database we reached out (twice) to all those where email addresses were available . Of the 135 households impacted we were able to obtain emails on all but 20 households. However, 13 of those where we do not have email are on Nextdoor and should have seen the notice and reminders that were posted there. Of the 62 households who responded (46 %) : Assessment Holiday 50 (80 %) Principal Reduction 1 (2 %) Reassessment 10 (16 %) 1 Full refund. 1 (2 %) The full refund item is from Brill at 605 Hilary Dr who noted they had paid in full so should get full refund. Based on the above it is clear the overwhelming preference of the neighborhood ids for the Assessment Holiday and we request the Town approve that. Q Quentin K Hills 7 Wilkins Court, Tiburon, CA 94920 Ph (415) 435 -4007 Mob (917) 292 -0937 g u e nti n h i l ls(a)_Va h oo. com z TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 MEMORANDUM Date: June 17, 2014 d::) uP p umerrr" lirtrn 1:a: AI To: Mayor and Members of the Town Council From: Heidi Bigall, Director of Administrative Services Subject: Supplemental Information on Del Mar Undergrounding Surplus Comparison of Surplus Disposition Options in+e 1 This memorandum and attachment serves as supplemental information to the Staff Report for the June 18, 2014 Council meeting. Attached you will find a spreadsheet that illustrates the various options of disposing of the project surplus as outlined in the June 18, 2014 Staff Report. This spreadsheet represents the majority of property owners who financed both the original and supplemental districts through assessments against their property. The "As Is" column represents the current payment schedule had there been no surplus. The "Holiday" column represents option (b) as outlined in the Analysis section of the Staff Report. In this option, property owners receive the benefit of the surplus upfront in the first 3+ years, as the surplus funds are used to make bond payments. The "Principal Reduction" column represents option (d) whereby bonds are called and principal is reduced, thereby reducing annual assessments by approximately $530 /year. The last column represents option (d) whereby the surplus is used to reduce principal and then refinance the remaining bonds. This option provides the largest savings to property owners, but the majority of savings is achieved between years 21 -26. This spreadsheet was provided to the district representatives when they polled the residents as to their preference of disposing of the surplus funds. Attachment Del Mar Valley Undergrounding District - Surplus Options Average Property Assessments BillDate As Is Holiday Principal Reduction Reassessment 08/01/2014 $2,389.61 0.00 1,858.76 $1,999.84 08/01/2015 $2,393.30 0.00 1,861.82 $2,004.33 08101/2016 $2,394.66 0.00 1,863.12 $2,007.40 08/0112017 $2,393.63 1,832.86 1,862.65 $2,009.05 08/01/2018 $2,428.29 2,428.29 1,890.26 $2,045.18 08/0112019 $2,421.83 2,421.83 1,885.66 $2,042.55 08/01/2020 $2,413.42 2,413.42 1,679.58 $2,002.60 08/0112021 $2,403.19 2,403.19 1,872.12 $1,998.56 08/0112022 $2,428.91 2,428.91 1,892.98 $2,029.02 08/01/2023 $2,439.74 2,439.74 1,901.19 $2,092.52 08/01/2024 $2,421.79 2,421.79 1,887.90 $2,044.03 none 1nna IM d9R'AQ 9 A9 ZQ 1.892.94 $2.067.35 08/01/2028 $2,443.85 2,443.85 1,906.17 $2,087.17 08101/2029 $2,438.96 2,438.96 1,902.55 $2,064.62 08/0112030 $2,405.39 2,405.39 1,877.52 $2,040.65 08101/2031 $2,433.55 2,433.55 1,900.03 $2,051.15 08/0112032 $2,445.33 2,445.33 1,908.78 $2,094.71 08101/2033 $2,427.27 2,427.27 1,895.24 $2,062.17 08/01/2034 $2,444.32 2,444.32 1,909.38 08/01/2035 $2,504.95 2,504.95 1,986.27 0810112036 $2,517.32 2,517.32 1,996.17 08/01/2038 $2,485.70 2,485.70 1,971.71 08/01/2039 $2,519.24 2,519.24 1.99825 $63,398.81 $55,660.47 $49,586.84 $40,665.78 N-1 -2, pd � RESOLUTION NO. XX -2014 J/ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A MCKEGNEY GREEN FIELD USE POLICY WHEREAS, the Town Council recognizes the need adopt a formal written policy addressing the use and management of McKegney Green, the only large Town - controlled grass playing field on the Tiburon peninsula; and WHEREAS, in February 2013, the Town retained The Sports Management Group as consultants to research and prepare a draft policy for consideration by the Town; and WHEREAS, the Parks, Open Space & Trails Commission deliberated upon the draft policy at public meetings held on September 17, 2013, November 19, 2013, and April 30, 2014 and has recommended adoption of the Policy to the Town Council; and WHEREAS, the Town Council held a public meeting on this matter on June 18, 2014, at which it heard and considered any public testimony and correspondence; and WHEREAS, the Town Council finds that the policy is consistent with the goals and policies of the Tiburon General Plan and with other applicable regulations of the Town of Tiburon; and WHEREAS, the Town Council finds that adoption of the policy is not a project and is exempt from provisions of the California Environmental Quality Act (CEQA); and NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby adopt the McKegney Green Field Use Policy dated {insert adoption date). BE IT FURTHER RESOLVED that the Town Council directs the Town Manager to implement the policy and ensure a comprehensive review of the policy is conducted by the Parks, Open Space, and Trails Commission by August 31, 2015. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2014, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: Tiburon Town Council Resolution No. XX -2014 4--12014 cr 1 ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Attachment: McKegney Green Field Use Policy dated {insert date of adoption} Tiburon Town Council Resolution No. XV -2014 - -1- -12014 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Attorney Department of Administrative Services Town Council Meeting June 18, 2014 Agenda Item: /1- ,r-/ Recommendation that the Town Council declare a Surplus in the Del Mar Valley Utility Undergrounding Assessment District Improvement Fund and Approve the Method of Disposition of the Surplus; Consider Amendment to Undergrounding Policy The Town formed the Del Mar Valley Undergrounding Assessment District and the Del Mar Valley Undergrounding Supplemental Assessment District to finance the relocation of utilities underground. The Town completed the undergrounding project at a lower cost than budgeted. Accordingly, state law requires the Council to adopt a resolution declaring the amount and disposition of the funds remaining in the District's Improvement Fund. The Del Mar Undergrounding Project has a long and complicated history, which is finally coming to a happy close. The Town Council formed the Del Mar Valley Undergrounding Assessment District in May of 2005, authorizing the sale of $4,184,700 to fund the improvements ("Original District"), which net $4,011,073.91 to the Improvement Fund after deducting the Underwriter Discount Fee and required reserves. When construction bids came back higher than expected, the Council formed a second assessment district in 2006 to finance the deficit. Both Districts were the subject of protracted litigation. After the Court of Appeals invalidated the 2006 Supplemental District for procedural reasons, the Town reached a settlement with the plaintiffs. The Town abandoned the 2006 district, eliminated a large number of properties from the Original District and, in 2010, formed a new assessment district to fund the remaining cost shortfall ( "2010 Supplemental District"). The 2010 Supplemental District issued bonds in the amount of $1,962,600, which net $1,870,890.55 after deducting Underwriter Discount Fee and reserves. Together, the two Districts raised an Improvement Fund totaling $7,375,827.61, including $5,881,964.46 in bond proceeds, $778,557.94 in cash prepayments, $618,305.21 in interest earnings, and $97,000 in refunds. The Town has completed the undergrounding project and negotiated a settlement with the last outside creditor (PG &E). The final project cost is $6,149,350.26, leaving a surplus of $1,226,477.35. Exhibit A summarizes Improvement Fund revenues and expenditures. TOWN OF TIBURON PAGE 1 OF 5 Town Council lticcting June 18,1 -014 ANALYSIS 1. Disposition of Surplus Funds — Statutory Options The Town Council has several options for the disposition of the surplus funds under state law. These options, which are not mutually exclusive, are as follows: (a) Transfer of $1,000 to General Fund. An amount equal to $1,000 maybe transferred to the General Fund and used for any legal purpose. (b) Credit against the Assessments without Calling Bonds. The surplus may be applied as a credit upon the assessment and any supplemental assessments. In this option the surplus would be used to pay debt service on the bonds for a limited period — an assessment holiday. (c) Use for Maintenance. The surplus may be transferred to a special fund and used for the maintenance of the public improvements that were financed by the assessment district bonds. (d) Redeem Bonds and Reduce Assessments. The surplus may be transferred to the bond trustee for deposit in the redemption fund and used to call bonds for redemption at the next available redemption date. This will require a corresponding reduction in the outstanding assessment and in the subsequent assessment installments levied to the property in the assessment district. Note that the two refund methods described in (b) and (d) apply only to property owners who financed their assessments through the bond issues. A number of property owners elected to pre- pay their assessments in cash. State law requires that those property owners receive their proportionate share of the refund in cash; if the property has changed hands since the payments, the Town must pay the refund to the current owner. Town staff has exhaustively researched the Town's refund options under (b) and (d). Option (b) would essentially relieve District property owners from payment of all assessments for a period of slightly over 3 years. We have considered two means of implementing Option (d). The first would reduce the debt principal by redeeming the most costly bonds; the second would also reduce principal, but would also refinance the remaining principal debt, taking advantage of the current low interest rates. For a property owner whose combined property assessments initially totaled $36,529.25, the options would have the following results:' ' These numbers reflect consultant and other financing costs Till N OF TIM ]RON Page 2 of i Town CDnnCH Meeting June 18, 2014 Payments Current Total Holiday Total Principal Refinance All through 2039 Payments Payments (b) Reduction Total Bonds Total Payments d Payments (d) Total Owner $63,399 $55,660 $49,587 $40,866 Payments Owner Savings $0 $7,739 over 3 $13,812 over 26 $22,533 over 20 Viars years ears Staff notes that the residents of the district would achieve maximum savings by reducing principal and refinancing the remaining bonds at a lower interest rate. The partial redemption option offers the second highest level of savings, the assessment holiday option the lowest level. However, we also note that the assessment holiday option savings are achieved over the next three years, whereas the other options' savings are spread out over the next 20 -26 (i.e., the remaining life of the bonds under each scenario), which may reduce the attractiveness of these options to current property owners. The Town has communicated several times with the most active property owners in the District. These representatives reached out via e-mail to all properties in the district, except 20 where e- mail was not available. They received responses from 46% of the properties in the District (62 of 135). Of those who responded, 50 residents (80 %) preferred the assessment holiday, 10 (16 %) refinancing and 1 (2 %) requested principal reduction! The Town Council may consider the view of affected property owners in deciding how to refund the Improvement Fund surplus. Town Staff has prepared two resolutions for the Council's consideration. The first, in Exhibit B, would elect to make refunds by means of an assessment holiday. The second, in Exhibit D, would make the refunds by reducing principal and refinancing the remaining principal at a lower interest rate. 2. Town Undereroundine Policy The Town Council adopted the Undergrounding Policy in 2003, amending it in 2004 and 2006. The 2006 amendment provided that, in the event of an Improvement Fund surplus, the Town would make any refund to property owners by redeeming bonds. In the event that the Council decides to refund the Del Mar Valley Improvement Fund surplus by means of an assessment holiday, staff has prepared an amendment to the Undergrounding Policy to allow the Council the flexibility of making refunds in any of the statutorily allowed methods. FINANCIAL IMPACT Other than the minor administrative charge of $1,000, there is no financial implications for the Town associated with the choices before the Council in this matter. RECOMMENDATION 2 1 property owner, who prepaid their assessment in cash, requested a cash refund. As noted earlier, state law requires a cash refund in such cases. Fmv\ oPTiRuRo \* Page 3 of 5 Town Council Meeting June 18, 2LI14 Staff recommends that the Town Council: 1. Hear from the affected property owners regarding their preference in this matter; 2. If the Council elects to make the refunds by means of an assessment holiday: a. adopt the draft resolution set forth in Exhibit C; and b. adopt the amended Undergrounding Policy set forth in Exhibit D to expand the permitted methods of refunding Improvement Fund Surpluses; 3. Alternatively, if the Council elects to make the refunds by means of refinancing program, adopt the draft resolution set forth in Exhibit E. Exhibits: A. Improvement Fund Revenues and Expenditures B. Draft Resolution — Assessment Holiday C. Draft Amended Undergrounding Policy D. Draft Resolution — Bond Refinancing Prepared By: Ann R Danforth, Town Attorney Heidi Bigall, Director of Administrative Services i )F Tni('RON Page. 4 TaNvn Council Meeting June 18.'_014 Exhibit A Improvement Fund Source and Use of Funds SOURCES OF FUNDS Bond Proceeds & Pre -Paid Assessments Original 2005 Issue $4,011,073.91 Pre -paid Assessments 412,696.34 2010 Supplemental Issue 1,870,890.55 Pre -Paid Assessments 145,159.66 Pre -Paid Assessments by Town 220.701.94 Sub -Total $6,660,523.40 Other Sources Interest Earnings 618,305.21 Comcast Settlement 97.000.00 Sub -total 715,305.21 Total Source of Funds $7,375,827.61 USE OF FUNDS Engineering $ 364,503.11 Construction Management 358,908.77 Construction $2,609,323.08 Lateral Connections 70,000.00 Bond Counsel 81,864.00 Bond Underwriter Reimbursements 16,961.94 Town Administration Fee 110,000.00 PG&E 641,733.00 Comcast 123,695.00 SBC 15,000.00 Cost of Issuance 37,971.36 Reimburse Town Litigation (Settlement) 250,000.00 Refund Paid Assessments (Settlement) 505,490.00 Bond Call — (Settlement) 963.900.00 Total Use of Funds $6,149,350.26 Surplus Funds from Sources and Use of Funds 1.22, 6477.35 Tow'� OFTiBuRON Page 5 nl 5 EXHIBIT B RESOLUTION NO. -2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DETERMINING SURPLUS AND ORDERING DISPOSITION THEREOF Del Mar Utility Undergrounding Assessment District and Del Mar Utility Undergrounding Supplemental Assessment District RESOLVED, by the Town Council (the "Council'l of the Town of Tiburon (the "Town"), County of Marin (the "County"), State of California, that: WHEREAS, the Town previously conducted proceedings pursuant to Resolution No. 19- 2003 "A Resolution of the Town Council of the Town of Tiburon of Intention to Make Acquisitions and Improvements," adopted by the Council on June 4, 2003, with respect to the Del Mar Valley Utility Undergrounding Assessment District (the "Original District "); WHEREAS, the Town subsequently conducted further proceedings pursuant to Resolution No. 08 -2006, entitled "A Resolution of the Town Council of the Town of Tiburon of Intention to Make Acquisitions and Improvements," adopted by the Council on February 1, 2006, with respect to the Del Mar Valley Utility Undergrounding Supplemental Assessment District (the "Supplemental District "); WHEREAS, assessments were levied and bonds were issued in the principal amount of $4,184,700 (the "Original Bonds ") with respect to the Original District to represent the unpaid assessments levied in the Original District under the Improvement Bond Act of 1915, Division 10 of the California Streets and Highways Code (the "Bond Law "); WHEREAS, assessments were levied and bonds were issued, in a single series, in the principal amount of $1,962,600 (the "Supplemental Bonds ") with respect to the Supplemental District to represent the unpaid assessments levied in the Supplemental District under the Bond Law; WHEREAS, all acquisitions and improvements provided for in the proceedings for the Original District and the Supplemental District required to be made have been made and all costs thereof, together with the expenses incidental thereto, have been accounted for and are scheduled for payment; WHEREAS, an unencumbered balance in an amount not to exceed $704,481.61 remains in the Improvement Fund for the Original District (the "Original District Surplus "), and an unencumbered balance in an amount not to exceed $369,634.44 remains in the Improvement Fund for the Supplemental District (the "Supplemental District Surplus "); and Town Council Resolution No. = 2014: June 18, 2014 WHEREAS, this Council now wishes to make provision for the determination of surplus funds for their orderly distribution under the Act. NOW, THEREFORE, IT IS DETERMINED AND ORDERED as follows: 1. The unencumbered balances in the Improvement Fund for the Original District and in the Improvement Fund for the Supplemental District are hereby determined to be surplus and shall be disposed of as follows: a. The Town shall transfer from the Original District Surplus and the Supplemental District Surplus, on a pro rata basis, a total amount of up to $1,000 to the General Fund of the Town, as permitted by the Bond Law. b. The balance of the Original District Surplus shall be transferred to the Redemption Fund established for the Original District to be applied as a credit upon the assessments within the Original District (in the proportion which the amount of each individual assessment bears to the total amount of all individual assessments), as follows: (i) for any individual assessments for the Original District that have been fully paid and satisfied as of the date of the adoption of this resolution, the credit thereon shall be given in cash (by check of the Town) to the owner of record of the applicable parcel as of the date of the adoption of this resolution; and (ii) for all individual assessments that remain unpaid and are payable in installments, the Original District Surplus amounts apportioned to each parcel will be credited against the next installment or installments unpaid upon that parcel; provided, however, that no credit may be paid or credited until after a period of 2 years after the date the Original Bonds were issued. The balance of the Original District Surplus remaining in the Redemption Fund for the Original District after paying the credit in cash as specified in (i) above shall be retained in the Redemption Fund for the Original District and used to pay debt service on the Original Bonds at the subsequent interest payment date or dates. C. The balance of the Supplemental District Surplus shall be transferred to the Redemption Fund established for the Supplemental District to be applied as a credit upon the assessments within the Supplemental District (in the proportion which the amount of each individual assessment bears to the total amount of all individual assessments), as follows: (i) for any individual assessments for the Supplemental District that have been fully paid and satisfied as of the date of the adoption of this resolution, the credit thereon shall be given in cash (by check of the Town) to the owner of record of the applicable parcel as of the date of the adoption of this resolution; and (ii) for all individual assessments that remain unpaid and are payable in installments, the Supplemental District Surplus amounts apportioned to each Town Council Resolution No. = 2014: June 18, 2014 parcel will be credited against the next installment or installments unpaid upon that parcel; provided, however, that no credit may be paid or credited until after a period of 2 years after the date the Supplemental Bonds were issued. The balance of the Supplemental District Surplus remaining in the Redemption Fund for the Supplemental District after paying the credit in cash as specified in (i) above shall be retained in the Redemption Fund for the Supplemental District and used to pay debt service on the Supplemental Bonds at the subsequent interest payment date or dates. 3. The Director of Administrative Services (or designee thereof) of the Town is hereby authorized and directed to cause the credits to be made in accordance with this Resolution. 4. The Auditor's Records for the Original District and the Supplemental District shall be corrected to reflect the credits for assessments which are payable in installments, as provided herein, which corrections may be made on the face thereof or by an amendment thereto. For any delinquent assessments subject to judicial foreclosure proceedings, the Finance Director shall notify foreclosure counsel of the giving of the credits herein specified. 5. This Resolution shall become effective upon. the date of its adoption. PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon, State of California, on this 18th day of June, 2014, by the following vote: AYES: Councilmembers: NOES: Councihnembers: ABSENT: Councihnembers: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Resolution No. = 2014: June 18, 2014 EXHIBIT C TOWN OF TIBURON POLICY & PROCEDURES FOR THE FORMATION OF UTILITY UNDERGROUNDING ASSESSMENT DISTRICTS Town Policy The Town of Tiburon strongly supports the undergrounding of overhead utility wires and poles (see Town Council Resolution No. 2996, adopted February 2, 1994). Undergrounding of overhead utilities improves public safety under fire, earthquake and high wind conditions; reduces utility company maintenance costs for tree trimming to maintain overhead lines and equipment; and results in improved visual characteristics. General Overview These policies describe the basic considerations and actions required to relocate and to finance such relocation of overhead utility lines underground. The policies are provided to guideproperty owners in achieving undergrounding of utilities in theirneighborhoods and to help the Town Council, Town Staff and Town consultants in assisting in such efforts. Specific figures regarding estimated costs for undertaking this effort and ultimately implementing a specific proj ect are not presented herein since they vary depending on the size, location of the proposed district and economic factors. A separate Frequently Asked Questions brochure (available at Town Hall or at www.ci.tiburon.ca.us) may provide a range of answers to those types of specific non - policy questions. The procedures, events and steps described below are governed by California State law and guidelines of California Public Utilities Commission (regulating the Pacific Gas & Electric Company (PG &E) and other utilities) about the physical and financial requirements for utility undergrounding projects. The Town must comply with these laws and regulations while taking appropriate actions to coordinate the project from its inception to its completion. To provide for financing and to enforce connections to the underground system, the undergrounding districts will be special assessment districts established by the Town under State law. Unless contributions are available from other sources, property owners should know that 100% of the cost of the underground project will be borne by the property owners in the district. If available, funds from PG &E and other utilities will be applied to help reduce the costs, but there is no assurance of such availability. The proponents of a proposed district must submit a written petition to the Town showing the support by owners of at least 60% of all of the parcels in the prospective district. The Town will supply examples of petitions and instructions on its signing. Along with the petition, the required subscription deposit for district formation costs (see discussion below) and an informal boundary map showing the parcels proposed to be included must be provided. Upon receipt of a satisfactory petition, deposit and informal map, the Town will begin the process of district formation. The Town will retain the District Engineer for the assessment district, along with Bond Counsel and the Bond Underwriter. The District Engineer (with the assistance of Town staff and Bond Underwriter) will prepare an estimate of all of the costs of the project. Those costs will include construction cost estimates (based on information from the utilities) and an allowance for the Town's administrative costs calculated to reimburse the Town for the work of Town staff on the project and bond issuance costs and deduct any possible contributions. An Advisory Services fund is also established to allow project proponents and opponents to obtain legal advice and information from the Bond Counsel regarding the assessment process and their rights and responsibilities. That net cost will be apportioned or "assessed" to each of the parcels in the district based on how each parcel is specially benefited from the undergrounding work. Under Proposition 218, the District Engineer is responsible for defining the special benefit each parcel receives and may take into account a variety of factors in defining that benefit. The method of allocating special benefit may vary from district to district depending on the conditions of and the improvements needed for each such district. Under State law, the Town Council must hold a public hearing and conduct an assessment ballot to seek approval of the assessment part of the district. This approval requires an affirmative majority approval (based on dollars assessed) by property owners returning ballots. If approved, the Town may proceed with the assessment and the district. The assessment may then be paid in cash or allowed to "go to bond" or be financed at tax- exempt municipal bond rates for 20 -25 years. Bonded assessments are collected on the County tax bill. The assessment is not a personal obligation of the property owner and it passes with the title to the property assessed, like regular taxes. The Bond Counsel and Underwriter prepare documents needed for the bonds. The costs of individual service connections to the underground facilities are borne by each property owner and are typically not included in the assessment. In some cases, a small amount of bond funds may be available on a pre- financing basis, at the request ofproperty owners (first come -first served) to help finance connections. The actual amount will depend on the size of the project and the estimated amount of bond financing available and will vary with each project. The entire process may take at least 12 to 24 months (assuming no legal actions /challenges). The duration of the process may also be affected by utility company financial conditions and staffing priorities. Deleted: & Adopted by Council on 4/16/03/U ed 10/04.4/19106 & 6/18/14 Policy & Procedures for the Formation of Utility Undergrounding Assessment Districts Page 2 of 10 Procedural Events & Steps for District Formation This section outlines the process of forming a special assessment district for utility undergrounding in Tiburon. Preliminary Meetings Interested Property Owners meet with Town Staff to discuss the process andprocedures, and to have questions answered and concems addressed. This meeting would typically include representatives of the Department of Public Works and the Town Manager. The project proponents would also be encouraged to hold a neighborhood meeting to discuss the proposed project, solicit input, answer questions, etc. and schedule an informal presentation before the Town Council to solicit informal support for the proposed project. These are some of the most important steps in successfully creating a district. This document, along with the FAQ brochure, should be distributed to all property owners whose participation is to be solicited. Proponents should also arrange a site walk with the prospective District Engineer to develop ballpark estimates of preliminary costs associated with creating the District. This will help refine the estimate of the total amount of subscription deposit funds that will be submitted to the Town along with petitions of interest as described below. 2. Petition of Interest Proponents of the proposed district circulate Petitions of Interest among all Property Owners of the prospective district. 3. Informal Boundary Man As part of the Petition process, the Property Owner proponents prepare an informal boundary map showing the area proposed to be the district based upon the results of the circulated petition. The Town and District Engineer will review this map and may suggest changes, as required to satisfy utility companies' requirements and requests of other, adjacent Property Owners. Property Owner Proponents may wish to distribute the informal boundary map. Property Owner Proponents may also request a 'boundary walk' with the affected utility companies to better refine the project boundary. It should be noted that the utility companies (particularly PG &E) may require a deposit before they will attend a boundary walk. 4. Subscription Deposits When obtaining Petitions, Property Owner Proponents should also raise subscription deposit funds for preliminary design engineering and construction cost estimates and legal advisory services. Funding must be sufficient to secure engineering cost estimates from electric, telephone, and the cable franchise provider and to pay the advance costs required to retain the District Engineer. Adopted by Council on 4/16/03/U dated 10104i,4/1-9/0-6-&-6-/18/14-.,--' Policy & Procedures for the Formation of Utility Undergrounding Assessment Districts Page 3 of 10 Deleted: & The District Engineer will prepare complete technical plans and drawings for review by the utilities, and establish final cost estimates for the construction bidding process. Plans must contain detailed information on trench size and location, and the location of equipment within the trenches. Such drawings are usually ordered and directed by the District Engineer. Such costs may range from $900 to $1,700 per Property Owner Proponent and will depend on the size of the district, complexity of the project, the costs for the preliminary services required to establish the district. Recently, PG &E and SBC (formerly Pacific Bell) have required full deposits "up front' before they will proceed with engineering support for a proposed district. The utility companies develop engineering drawings and technical specifications for design of their particular underground facilities, which are then incorporated into composite drawings by the District Engineer. It is the composite drawings which are ultimately used for construction bidding purposes. If the district is formed and issues bonds, it will refund these deposits to the Property Owner Proponents on a pro rata basis. As further described in the following section, the Property Owner Proponents are also required to raise funds for Legal Advisory services. In accordance with a recently adopted Settlement Agreement, this amount is to be $100 per Property Owner Proponent, up to a maximum of $10,000 for the entire district. Accordingly, the total subscription deposit necessary to form an assessment district may range between $1,000 and $1,800 per Property Owner Proponent. If for any reason, the district is not formed, and/or fails to issue the bonds, the Property Owner Proponents will receive proportionate refunds only if their contributions have not already been spent. 5. Filing the Petition of Interest Subscription Deposit and Boundary Mau The Petitions maybe submitted to the Town when Property Owners representing at least 60% of the total number of parcels to be in the proposed district have signed and the Subscription Deposits (see above) and the informal boundary map are ready. Staff will check the Petition to be sure that there are the necessary signatures from the required percentage of properties and that the Subscription Deposit and boundary map are in order. 6. First Council Meeting- Resolution of Intention At the first Council meeting, the Council adopts the Resolution of Intention to Make Acquisitions and Improvements which formally begins the assessment process. 7. Consultants With the Resolution of Intention, the Town will appoint: Bond Counsel, the District Engineer, and the Underwriter. The District Engineer prepares the estimates of costs, the proposed assessment of the costs to each parcel in the district, the formal maps of the district and the plans and specifications for the construction work. The plans may be preliminary at this stage. Adopted by Council on 4/16 /03/Updated 10/04 „4119 46 Policy & Procedures for the Formation of Utility Undergrounding Assessment Districts Page 4 of 10 In accordance with State law, the assessment of costs to each parcel in the district will be developed by an analysis of the special benefit that each property owner receives from the improvements funded by the assessment. All of the above information is summarized in the "Engineer's Report" for the district. The Underwriter is responsible for helping to estimate the costs of the bonds and in pricing, selling and delivering the bonds to the bond market. The Underwriter is paid only from the bond issue and only if bonds are issued. Bond Counsel directs all legal proceedings to establish the district including Council resolutions, notices, forms of documents and instructions, including the levy of the assessments and issuance of bonds. Except for the Advisory Services to Property Owners below, Bond Counsel is paid only if the bonds are actually issued. Bond Counsel also provides advice and information ("Advisory Services ") to all interested Property Owners within the proposed district (whether they support or oppose the project) about the assessment process and their rights and responsibilities. • All Property Owners shall be provided with notice of their right to meet with Bond Counsel, and this notice shall include written materials that describe the assessment process and their rights and opportunities to be heard during the process. • Bond Counsel shall hold at least 2 meetings for the purpose of advising the Property Owners: The I" meeting as soon as practicable following Town appointment of Bond Counsel and the god second meeting shall be held before Town Council votes to preliminarily adopt the Engineer's Report forthe district. • To the extent that Advisory Funds are available, Bond Counsel shall be available to provide brief follow -up telephone consultation to affected Property Owners. • In the event the Advisory Fund is insufficient to provide all of the Advisory Services described in this section, Bond Counsel shall provide Advisory Services in the following order of priority: (1) written materials describing the process; (2) meeting with Property Owners prior to adoption of the draft Engineer's Report; (3) meeting following retention of Bond Counsel; and (4) telephone consultation. • The Town Attorney has sole discretion to supervise Bond Counsel's provision of Advisory Services to ensure, so far as practicable, that such services are fairly allocated between all affected Property Owners. - Deleted: & Adopted by Council on 4 /16 /03/Updated 10/04, 4/19/06 & 6/18/14 , Policy & Procedures for the Formation of Utility Undergrounding Assessment Districts Page 5 of 10 8. Second Council Meeting - Preliminary Approval The District Engineer prepares and files the following items with the Town Clerk: The Engineer's Report containing estimates of total assessment district costs, including costs for District Engineer, utility company engineering, Bond Counsel, Underwriter Advisory Fund, construction contract and Town administration. Construction cost estimates will include a breakdown of each property owner's individual service connection cost. Map of Proposed Boundaries and Assessment Diagram for the district Plans & Specifications for Project The Town Council adopts: Resolution Preliminarily Approving District Formation/Boundary Map, Engineer's Report, and Directing Actions with Respect Thereto; and Resolution Approving Plans and Specifications and Calling for Bids for Construction (If the plans and specifications are still preliminary, this step may be deferred until after the Assessment District is officially formed and the final plans are prepared by the District Engineer). 9. After Second Council Meetine Immediately following the Second Council Meeting, the Town Clerk, in coordination with the District Engineer and Bond Counsel, takes the following actions: • Mails Notices ofProposed Assessments and Ballots to Property Owners at least 45 days prior to the Public Hearing; • Records Map of Proposed Boundaries of the District; and • Coordinates publication of call for construction bids (if appropriate). 10. Informational Workshop ht the 45 -day period after Item 9, Town Staff and the consultants hold a Workshop about the project and the proposed financing. 11. Construction Bids Under the State Public Contract Code and the Chapter 3A of the Tiburon Municipal Code, Town solicits contractor bids for construction. Typically, the bid period is 30 days, with bids received about two weeks before the public hearing and ballot. After the bid opening, the District Engineer and Town Staff determine the lowest responsible bid and adjust the proposed assessments if warranted. This step maybe deferred unti l after Item 17 ifpreliminary plans and specifications are used for district formation. Adopted by Council on 4 /16 /03/Updated 10/04.,4/l9/`0-6-8,-§,-/]-§-/1.4.., Policy & Procedures for the Formation of Utility Undergrounding Assessment Districts Page 6 of 10 Deleted: & 12. Third Council Meeting- Public Hearing and Ballot At a Council meeting held at least 45 days following mailing of the Notice of Proposed Assessments, the Town Council will: • Hold a public hearing to solicit any comments for or against the assessment • Close the public hearing and call for the tabulation of ballots The Town Clerk opens and counts ballots. Ballots are weighted on dollars assessed (for example, if all assessments are the same, each property owner has one vote). Only valid ballots actually received by the end of the hearing are counted. Unsigned, unreadable or unmarked ballots are not valid. If more than 50 percent of the ballots cast are against, the proceedings must be abandoned. If a majority approving vote is received, and the Council concurs, Council then adopts: Resolution Adopting Engineer's Report, Confirming Assessments and Directing Actions with Respect Thereto This resolution levies the assessment and directs recordings and filings for the assessment lien and directs the cash payment period. This resolution also has provisions establishing completion time requirements for individual service connections. 13. Immediately After 12 above: The Town Clerk, District Engineer and Bond Counsel, takes the following actions: • Files and Records Assessments, Notices of Assessment and Assessment Diagram; • Publishes Notice to Pay Assessments; and • Mails Notices to Pay Assessment to each Property Owners (include the deadline date for completing individual service connections). 14. Cash Payment Period Property Owners have a minimum 30 -day period to pay cash for their assessments or any portion. At the end of the 30 -day period, the exact amount of bonds to be issued is determined based on the remaining, unpaid assessments. After the cash payment period: • The Administrative Services Director completes the List of Unpaid Assessments; and • The Bond Purchase Agreement and Preliminary Official Statement are filed with the Town Clerk. Deleted: & Adopted by Council on 4 /16 /03/Updated 10/04,,4/19/06 8 6/18114 Policy & Procedures for the Formation of Utility Undergrounding Assessment Districts Page 7 of 10 Property Owners must also decide whether to contract with the Contractor performing the District work or hire their own contractor to perform individual service connection work on their property. 15. Fourth Council Meetine -Bonds At a Town Council Meeting after Item No. 14 above, Town Council adopts: • Resolution Authorizing Issuance of Bonds; and • Resolution Authorizing Execution of the Construction Contract. This step may be deferred until after Item 17 if preliminary plans and specifications need to be finalized by the District Engineer. 16. After Item 15 The Administrative Services Director and Underwriter price the bond issue, and the Town executes the following: Bond Purchase Agreement (sells bonds); and Preliminary Official Statement (describes bonds for market) 17. Bond Closine Approximately 2 weeks after Item 16, the bonds are delivered to Underwriter in exchange for the purchase price under the Bond Purchase Agreement. This, along with the cash payments, provides the funds for to pay for the underground project and its related costs. 18. Execution of Construction Contract The Town executes the Construction Contract with the selected bidder. Construction work would typically commence within a few weeks of contract execution. Town staff makes progress payments to the Contractor as with any public works contract. Construction duration will depend on the size and complexity of the project, but typically lasts 60 to 90 days. 19. Utility Coordination Upon completion of construction, the Town coordinates with the utilities to connect all properties to the new underground system. This process may take several weeks or more depending on the scheduling requirements of each utility company. Each property owner is responsible for connecting his or her property to the newly undergrounded facilities. The Town's contractor is usually required to offer service connection work at established costs. However, each owner may chose his or her own contractor or other provider for the individual service connection work. Adopted by Council on 4/16/03/U dated 10/04.,4/19/06 Policy & Procedures for the Formation of Utility Undergrounding Assessment Districts Page 8 of 10 neleted: & 20. Work Completed After all connections are completed, the utilities will remove the overhead system. 21. Accounting of District Bond Proceeds The Director of Administrative Services, or his/her designee, shall provide a monthly accounting on the use and source of assessment district bonds proceeds. The Town will make this report available to any interested member of the public no later than thirty (30) days following the end of the month covered by the report. This report shall include a statement of revenues and expenditures for the month along with cumulative totals. The expenditure report shall be broken down into construction costs, incidental expenses, financing costs and contingencies. 22. Disposition of Surplus Funds Within one year after the completion of the improvements and payment of all claims from the improvement fund, the Town shall determine whether the District has any surplus funds remaining. For purposes ofthis policy, claims shall include, without limitation, all invoices from outside vendors and contractors and any reimbursement owing to the Town for its staff time and other costs. The Town shall return any existing surplusfundstotheDistrictmembers - Deleted:theTewn as provided by law -less reserves for any potential claims and ,liabilities, i_e..IitigatiOn_ - - -. - _ - - -- Deleted: oudmedbelow. State law provides that surplus amounts in the improvement fund most be used, in amounts • ------- Formatted: Indent: Left: 031" determined by the governing body of the public agency, for one or more of the following purposes: (a) Transfer of $1,000 to General Fund. An amount equal to $1,000 (or 5% of the total amount expended from the improvement fund, whichever is less) may be transferred to the general fund of the public agency and used for any legal purpose. (b) Credit Against the Assessments Without Calling Bonds. The surplus may be applied as a credit upon the assessment and any supplemental assessment. This method, sometimes called an "assessment holiday" uses the actual surplus amount to pay debt service on the bonds for a limited period. (c) Use for Maintenance. The surplus may be transferred to a special fiord and used for the maintenance of the public improvements that were financed by the assessment district bonds. Note, however, that there could be federal tax issues raised if a surplus amount larger than 5% of the original principal amount of the bonds is used for maintenance or not spent within 3 years after the bonds were issued. Deleted: & Adopted by Council on 4 /16 /03/Updated 10/04 „4/19/06 & 6/18/14:.• Policy & Procedures for the Formation of Utility Undergrounding Assessment Districts Page 9 of 10 (d) Redeem Bonds and Reduce Assessments. The surplus may be transferred to the bond ------ Formatted: Indent: Left: 0.5" trustee for deposit in the redemption fund and used to call bonds for redemption at the next available redemption date This will require a corresponding reduction in the outstanding assessments and in the subsequent assessment installments levied on the properties in the assessment district. - - ---- Fnrtnetted: Indent: Left: 0.25" �f a resident opted to pay his or her assessment in cash, the Town will refund his or her share Deleted: q of T Xefunf�in cash. - �n the event that the surplus is so small that the costs of making Deleted: max refunds exceeds the amount to be refunded. the Town shall transfer the remaining funds to Deleted: a the bond redemption account to be applied against a future bond payment c ----------------------------------------- ----------------------- Adopted by Council on 4 /16 /03/Updated 10/04„4/19/06 & 6/1g/14 Policy & Procedures for the Formation of Utility Undergrounding.Assessment Districts Page 10 of 10 Deleted: For those residents who paid their share by the assessment bonds, the Town will (I) refund the surplus cash to bond investors by redeeming a portion of their bonds in return for a cash payment (equal b the par amount, plus seemed interest, plus premium); then (2) recalculate all of the assessments against property in the district by a proportionate amount that renems the reduction in debt service that results from redeeming some ofthe bonds. In other wmds, District property a.= that anonced their share of the project through the bond sales will receive their refunds by reduced assessments. Deleted: In the event that the surplus is so small that the costs of making refunds exceeds the amount to be refunded, the Town shall transfer the remaining funds to the bond redemption account to be applied against a fuhue bond payment Q Deleted: & EXH1]3IT D RESOLUTION NO. -2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DETERMINING SURPLUS AND ORDERING DISPOSITION THEREOF Del Mar Utility Undergrounding Assessment District and Del Mar Utility Undergrounding Supplemental Assessment District RESOLVED, by the Town Council (the "Council") of the Town of Tiburon (the "Town "), County of Marin (the "County"), State of California, that: WHEREAS, the Town previously conducted proceedings pursuant to Resolution No. 19- 2003 "A Resolution of the Town Council of the Town of Tiburon of Intention to Make Acquisitions and Improvements," adopted by the Council on June 4, 2003, with respect to the Del Mar Valley Utility Undergrounding Assessment District (the "Original District "); WHEREAS, the Town subsequently conducted further proceedings pursuant to Resolution No. 08 -2006, entitled "A Resolution of the Town Council of the Town of Tiburon of Intention to Make Acquisitions and Improvements," adopted by the Council on February 1, 2006, with respect to the Del Mar Valley Utility Undergrounding Supplemental Assessment District (the "Supplemental District "); WHEREAS, assessments were levied and bonds were issued in the principal amount of $4,184,700 (the "Original Bonds ") with respect to the Original District to represent the unpaid assessments levied in the Original District under the Improvement Bond Act of 1915, Division 10 of the California Streets and Highways Code (the "Bond Law "); WHEREAS, assessments were levied and bonds were issued, in a single series, in the principal amount of $1,962,600 (the "Supplemental Bonds'j with respect to the Supplemental District to represent the unpaid assessments levied in the Supplemental District under the Bond Law; WHEREAS, all acquisitions and improvements provided for in the proceedings for the Original District and the Supplemental District required to be made have been made and all costs thereof, together with the expenses incidental thereto, have been accounted for and are scheduled for payment; WHEREAS, an unencumbered balance in an amount not to exceed $704,481.61 remains in the Improvement Fund for the Original District (the "Original District Surplus "), and an unencumbered balance in an amount not to exceed $369,634.44 remains in the Improvement Fund for the Supplemental District (the "Supplemental District Surplus "); and Town Council Resolution No. _72014: June 18, 2014 1 WHEREAS, this Council now wishes to make provision for the determination of surplus funds for their orderly distribution under the Act. NOW, THEREFORE, IT IS DETERMINED AND ORDERED as follows: 1. The unencumbered balances in the Improvement Fund for the Original District and in the Improvement Fund for the Supplemental District are hereby determined to be surplus and shall be disposed of as follows: a. The Town shall transfer from the Original District Surplus and the Supplemental District Surplus, on a pro rata basis, a total amount of up to $1,000 to the General Fund of the Town, as permitted by the Bond Law. b. The balance of the Original District Surplus shall be transferred to the Redemption Fund established for the Original District to be applied as a credit upon the assessments within the Original District (in the proportion which the amount of each individual assessment bears to the total amount of all individual assessments), as follows: (i) for any individual assessments for the Original District that have been fully paid and satisfied as of the date of the adoption of this resolution, the credit thereon shall be given in cash (by check of the Town) to the owner of record of the applicable parcel as of the date of the adoption of this resolution; and (ii) the remaining Redemption Fund shall be used in combination with an issue of Refunding Bonds to redeem bonds on the first available redemption date. C. The balance of the Supplemental District Surplus shall be transferred to the Redemption Fund established for the Supplemental District to be applied as a credit upon the assessments within the Supplemental District (in the proportion which the amount of each individual assessment bears to the total amount of all individual assessments), as follows: (i) for any individual assessments for the Supplemental District that have been fully paid and satisfied as of the date of the adoption of this resolution, the credit thereon shall be given in cash (by check of the Town) to the owner of record of the applicable parcel as of the date of the adoption of this resolution; and (ii) the remaining Redemption Fund shall be used in combination with an issue of Refunding Bonds to redeem bonds on the first available redemption date. 3. The Director of Administrative Services (or designee thereof) of the Town is hereby authorized and directed to cause the credits to be made in accordance with this Resolution. Town Council Resolution No. _ -2014: June 18, 2014 4. The Auditor's Records for the Original District and the Supplemental District shall be corrected to reflect the credits for assessments which are payable in installments, as provided herein, which corrections may be made on the face thereof or by an amendment thereto. For any delinquent assessments subject to judicial foreclosure proceedings, the Finance Director shall notify foreclosure counsel of the giving of the credits herein specified. 5. This Resolution shall become effective upon the date of its adoption. PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon, State of California, on this 18th day of June, 2014, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Resolution No. _- 2014: June 18, 2014 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of Town Council Community Development Department Town Council Meeting June 18, 2014 Agenda Item: X Subject: McKegney Green Use and Management Policy: Consider Recommendation of the Parks, Open Space & Trails Commission for Adoption of a Use and Management Policy for McKegney Green Reviewed By: BACKGROUND McKegney Green is the only large grass- covered playing field owned and controlled by the Town of Tiburon. The Green was installed by Tiburon in the 1970's on a shoe -string budget and was neither designed nor built to athletic field standards. It is frequently used by the public on a casual, first come -first served basis for exercise, picnicking, kite -flying and other kinds of informal recreation. hi terms of organized events, the field has been used regularly for over 20 years by the Tiburon Peninsula Soccer Club (TPSC), with occasional use by peninsula schools for athletic events. In 2012, the Southern Marin Lacrosse Club (SML) also requested use of the field for practices, spurring the preparation of an "interim" McKegney Green Use Policy for the 2013 sports season that allocated times to the TPSC, SML and St. Hilary School. That policy was carried over in large part to the 2014 sports season, as a permanent policy was still under discussion. However, it became apparent by early 2013 that with multiple organized sports users now requesting use of the Green on a reserved and pre - scheduled basis, a formal policy and fee structure was needed to properly administer the use and maintenance of the field, similar to reservations systems used in other municipalities for their park facilities and fields. In February 2013, the Town retained professional consultants, The Sports Management Group (TSMG), to prepare a report and draft use and management policy. TSMG's final report was released in August 2013, and the Parks, Open Space and Trails Commission (POST) considered the draft policy at meetings in September and November of 2013 and on April 30, 2014. At the latter meeting, POST voted 3 -0 to recommend approval of the draft policy to the Town Council. TOWN OF TIBURON PAGE 1 OF 4 Town Council Meering June 18, 2014 The TSMG Report TSMG interviewed key stakeholders, conducted research, and compiled available data to develop a comprehensive program for the field's use, long term maintenance, fee schedule, and scheduling and prioritization for users. The research identified field use rates charged by other municipalities and school districts in the area. The Report (Exhibit A) included an analysis section, a draft policy, a draft Permit Request Form (application form), and an Appendix containing the terms of a Temporary Agreement for recurring athletic field use of the Green, such as soccer or lacrosse clubs. Key findings and recommendations of the TSMG Report included: • The Town has a long- standing and successful relationship with the Tiburon Peninsula Soccer Club, the primary organized user of the McKegney Green over the years. The Club has been an excellent management partner and steward of the Green. However, the Town currently lacks a comprehensive policy for use and management of the Green and recent interest by other potential users demonstrates the need for a policy such as the one now under consideration. • The annual cost to maintain McKegney Green is approximately $60,000 to $70,000 at current levels of use and activity; not including long -term capital improvement funding for renovation, increased maintenance needs from expanded use, or increased administrative oversight needs if a formal policy is adopted. • Nearby municipalities and school districts charge substantial hourly /daily rates for field use, utilizing a fee schedule for which the Town of Tiburon currently has no equivalent. Tiburon has historically undercharged for field use compared to other municipalities and districts. Hourly rates charged by others range from $30 to $110 per hour. The Report recommends a fully - loaded hourly rate of $58/hour for McKegney Green use, with an assumed 10% discount for bulk - users, resulting in a $52.20 hourly rate. • No strategy or mechanism currently exists for funding or programming of the long -term maintenance and improvement of McKegney Green. The Report recommends a 30% surcharge (already built into the proposed hourly rate) for such long -range upgrades or renovations. • Priorities for reserved group use of McKegney Green should be established, with Town - sponsored events having first priority, and non -profit youth organizations receiving second or third priority based on percentage of participant residency in ZIP code 94920. • The Green should continue to remain closed to rental group use from Thanksgiving to mid -March each year to allow for field recovery and maintenance. • Uses that should not be permitted by reservation include a) commercial, for - profit, and/or enterprise use; b) adult sports teams; c) private events; and d) simultaneous mixed uses or sports on the Green. Unless reserved in advance, the Green would remain open for first - come -first serve public recreational use. • A capital improvement fund should be established from rental proceeds to pay for long- term improvements and upgrading of McKegney Green. TOWN OF TIBURON PAGE 2 OF 4 Town Council Mccting Jnnc 18, 2014 The Report and its recommendations generated interest and comment from both the TPSC and SML. Concerns expressed by TPSC focused on (but were not limited to) the sharply increased costs for the Club at the proposed hourly rates, which were proposed in the Report at $52.20 per hour for recurring users such as TPSC. Actual annual maintenance costs associated with maintain the Green, and then apportioning the costs of organized sports use of the Green, have been impossible to arrive at as the systematic data collection necessary for that specific type of accounting analysis has not previously been performed by the Public Works Department. POST opted for an hourly rate of $35, at the low end of the cost spectrum for nearby jurisdictions, which ranges from $301hour to $95/hour. The Public Works Department has begun keeping more detailed cost records for McKegney Green maintenance, and the policy sets forth a mandatory review by August 31, 2015 for the hourly rates and for the policy overall. Staff believes a more accurate hourly rate charge to recover costs can be ascertained at that time, but it remains a policy decision for the Town Council as to the extent of "cost recovery" that the hourly rates would be expected to provide. POST - Recommended Use Policy The POST Commission, its McKegney Green Ad -hoc Subcommittee (Commissioners McMullen and McDermott), and Town staff extensively re- ordered and revised the draft policy prepared by TSMG over the course of several months following the September 17, 2013 POST meeting. The result is the POST - recommended Policy dated April 30, 2014 (Exhibit B). Staff reports and minutes from the POST meetings are attached as Exhibits C through H. Primary provisions of the POST - recommended policy include: ➢ A recurring user rate of $35/hour and a non - recurring use rate of $40/hour are established. ➢ 25% of rental revenue is placed into a capital improvement fund. ➢ Non - exclusive casual recreational use is allowed on a first -come -first served basis whenever the Field is open and has not been reserved in advance. ➢ A Field Use Permit is required for reservation (exclusive use) of the Green. ➢ Residency (zip code 94920) and non -profit status are required for reservations. ➢ An annual process is performed each November to determine the allocation of field use hours by recurring users who have applied for specific field times. ➢ A four -tier "priority ranking" for those seeking field reservations is established. ➢ Establishes field use rules and regulations, including "wet field" rules and "turf preservation guidelines ". ➢ Specifies deposit, insurance and liability requirements, as well as a refund policy. ➢ Establishes a list of non - permitted uses, as recommended by TSMG. ➢ Sets enforcement and interpretation provisions and procedures. The Public Works Department performs day -to -day management and oversight; the Town Manager retains final interpretation authority over the policy. ➢ Scheduled review of rates and entire policy by August 31, 2015. Appropriate application forms would be developed and the posting of a `rules" sign at McKegney Green would take place subsequent to adoption of the Policy. Ideally, the Policy would be fully implemented on or before November 1, 2014 such that reservations for recurring field use could be accepted and processed in a timely manner for the 2015 sports season. TOWN OF TIBURON PAGE 3 OF 4 Tot:•n Council electing Jtmc 16, 2014 STAFFING AND RESOURCE ISSUES The level of administrative effort that will be necessary to oversee and implement the McKegney Green Use Policy remains unknown. It is not clear at this time whether existing Public Works or other Town staff will be able to incorporate management of the policy into existing work schedules with existing resources. The recommended review and evaluation of the Policy in the summer of 2015 will afford an opportunity to gauge the effort and resources required as well as the success of the Policy and its ease of implementation. RECOMMENDATION Staff recommends that the Town Council: 1. Hear and consider comments from interested persons. 2. Move to adopt the Resolution (Exhibit 1) approving the policy, authorizing its implementation, and establishing a comprehensive review by the POST Commission no later than August 31, 2015. EXHIBITS A. The Sports Management Group Final Report dated August 2013. B. Draft McKegney Green Use and Management Policy dated 4/30/2014 (POST - recommended). C. POST staff report dated September 17, 2013. D. Minutes of POST meeting of September 17, 2013. E. POST staff report from November 19, 2013 meeting. F. Minutes of POST meeting of November 19, 2013. G. POST staff report from April 30, 2014 meeting. H. Minutes of POST meeting of April 30, 2014. I. Draft Resolution adopting the McKegney Green Field Use Policy. Prepared by: Scott Anderson, Director of Community Development TOWN OF TIBURON PAGE 4 OF 4 -Nl: T-7 Town Of Tiburon MCKEGNEY GREEN FIELD USE POLICY REPORT & RECOMMENDATIONS PREPARED FOR TOWN OF TIBURON PUBLIC WORKS BY THE SPORTS MANAGEMENT GROUP 2607 7th Street, Suite B Berkeley, California 94710 510.849.3090 1 www.sportsmgmt.com T H E Spons Management G R 0 U P MAL a . � , �. %1 The McKegney Green, a. rectangular shaped grass area located adjacent to Blackie's Pasture in the Town of Tiburon, is highly valued for its open space and beautiful setting along the San Francisco Bay. It is used for picnics, kite flying, and other types of passive recreation It also provides the only Town -held public playing field space. The Town has recently experienced increased sports field requests from new sport groups and requests are expected to continue. The Town finds it necessary to review its policies to address the growing demand for use of the field while maintaining its stewardship of this valued public resource. The Sports Management Group was retained by the Town of Tiburon to develop a field use policy for McKegney Green and update the field use permit application. The Sports Management Group analyzed existing use policies, rules and regulations; current and past field use; maintenance schedules, and fees and charges. Key stakeholders and area service providers were interviewed, research conducted, and data compiled. The product of this effort is a comprehensive policy for field use, fees, and scheduling priorities. This report summarizes the research and finding that led to the policy recommendations. MCKEGNEY GREEN FIELD USE Although McKegney Green was not designed as an athletic field, it has a history of use for organized sport play, primarily by the Tiburon Peninsula Soccer League. The McKegney Green Use Policy was established in 199L The Policy requires that organized athletic events hold a field use permit issued by the Town. However, the policy is outdated and a revision is necessary. Town Of "_['abut°on The Tiburon Peninsula Soccer League was the only sports organization with approved field use between 1991 -2009. In 2009, TPSL began shared use of the field when St. Hilary School was granted field use for soccer practice. This shared use of the field continues today. Each year the Town receives requests for the use of the Green that must be denied (e.g. dog parades, concerts, family events, rugby matches) to preserve the Green for the enjoyment of all Tiburon residents. In March 2013, a request by the Southern Marin Lacrosse Club resulted in a temporary field use accommodation. (See Appendix for the terms of the temporary permit). The Parks, Open Space and Trails Commission (POST) approved an interim use field policy to accommodate the spring season needs of the soccer league and the lacrosse club. The field time is divided between the two sports, whereas previously it was reserved by the Tiburon Peninsula Soccer League. This shared use provides an excellent opportunity for the Town to assess the impact of more intensive use of the field, shared use, and safety concerns with lacrosse balls and the proximity to the Old Rail Trail. 2013 THE SPORTS MANAGEMENT GROUP FIELD USE AGREEMENT 1 St, V:(A.a The Sports Management Group conducted interviews with current field user groups to gather data regarding the number of participants, scheduling preferences, total field use hours, residency figures, and other pertinent data. Stakeholders included the Tiburon Peninsula Soccer League, Southern Marin Lacrosse Club, and the Belvedere - Tiburon Joint Recreation Agency. TIBURON PENINSULA SOCCER LEAGUE Tiburon Peninsula Soccer League (TPSL) reports that 90 %+ of the more than 700 youth soccer participants are Tiburon Peninsula residents. TPSL fields seven (7) competitive teams and forty (40) recreation teams. The organization has a 25- year history of support, use, and maintenance of McKegney Green for heir practices, clinics, and games. TPSL lines the fields and makes the decision regarding the efficacy of field use if Town staff is not available (after hours and weekends). TPSL Coaches and coordinators adjust the playing area based on field conditions, specifically after inclement weather, and move practices around the site to prevent wear spots. The team allows use of approved soccer cleats. TPSL annually requests field use from March to November with fall being their regular season, and spring their clinic and conditioning time The schedule is typically Monday, Tuesday, Thursday and Friday for practices and Wednesday, Saturday and Sunday for games. Practices typically consist of three teams at one time and 12 -16 youth participants per team. Spring clinics range from 2 -30 players for drop -in programs. There are times the fields are unused during the spring schedule. TPSL hosts one tournament each year in August on McIegney Green. SOUTHERN MARIN LACROSSE Southern Marin Lacrosse (SML) has requested the use of the McKegney Green from the field opening in March to Memorial Day (May 27) for practice during their regular spring season. The program is growing and they are in need of field time for practice. SML has proposed a field set -up during the weekday that provides for teams to practice on fields oriented lengthwise or east -west thereby providing a space buffer on each side of the field for the Old Rail Trail. In addition, SML will provide a safety net behind each goal with one goal backed against the hillside of South Knoll. SML reports there are currently 130 Tiburon (94920) resident youth participants. Currently SML reserves fields in Mill Valley for use by Tiburon players. Because of the limited field availability, the teams of youth under the age of 7 are not sponsored by SML at this time. With pre- scheduled time at McKegney Green to accommodate the under age 7 groups, SML anticipates Tiburon resident participation will increase from the current 30% of players. When asked if SML could adhere to the proposed policy requirement that 75% of the players on the field are Tiburon residents, SML Board Member Jon Porter responded, "yes, as they would make certain that Tiburon youth played on Tiburon fields." BELVEDERE- TIBURON JOINT RECREATION Belvedere - Tiburon Joint Recreation (BTJR) does not report a need for field use at this time, except for summer camp held annually at McKegney Green. The Director suggested a field use priority system be instituted with the Town receiving the highest priority. BTJR wants the opportunity to use the field for future programming and community events. PAL?THESPORTS MANAGEMENTGROUP FIFI nUSEAGREEMENT 2 I RvI- Jl5't;)i/ lVIi1,!1�1 1- 'tltICi� S r, vl cz e I The Sports Management Group interviewed several local agencies that provide fields to teams to gain insight into their field use policy, fees, and their experiences managing limited field resources. Local field providers included Reed Union School District, Tamalpais Union High School District, the City of Mill Valley and the Town of Corte Madera, REED UNION SCHOOL DISTRICT Tiburon Peninsula Soccer League, Tiburon Peninsula Little League, and Tiburon Girl's softball all have long history as users of district fields. Lacrosse requested field use; however there is no field space available for them and the lacrosse season competes with the softball season. If there was field space available, the district expressed the need to address safety concerns with lacrosse playing adjacent to the school track. In 2005, the school district contracted with a vendor for mowing and all field maintenance Soccer, Little League, and softball organizations pay half the contractor costs through a Memorandum of Understanding (MOU). The cost is approximately $37,000 a year for mowing and $4,000 for fertilizing the four fields. There is a quarterly youth sport field users meeting to schedule and discuss field issues. Fields are closed from December to February. Reed School District has a "Community Painters" classification for youth groups that provide equal access to children within the Reed Union School District boundaries and can demonstrate that the majority of participants are resident of the Reed Union School District. Reed's "Athletic Partners" -- Soccer, Little League, and Softball -- pay 50'%of the actual cost for the contractor that maintains the fields, In 2011 that cost totaled $41,000. The three organizations each paid $6,533 for a total of $20,500 or half the total cost. Hourly rate applied tip to 3 hours TAMALPAIS UNION HS DISTRICT South Marin Lacrosse uses the Tamalpais High School synthetic turf football field for its games. As a safety precaution., the school district installed nets adjacent to the goals to prevent hard balls entering onto the track that surrounds the field. The district has not experienced safety issues or excessive wear and tear on the field as a result of lacrosse use. The district's representative indicated if there was availability and lacrosse wanted to conduct practice on the grass fields during weekdays at Redwood High School, they would allow such use. Resident I $50 /hr synthetic field 2013THESPORTS MANAGEMENTGROUP FIELD USEAGREEMENT 3 i)wll(.)j TOWN OF CORTE MADERA Twin Cities Lacrosse is a new user of fields in Corte Madera and has used city fields in the past six months with no reported maintenance or safety concerns on the part of the town. Fields are shared with other sports during the week for practices. Rental rates do not cover the actual cost to maintain fields according to staff. The residency requirement is that 50% of participants must reside in Marin County or 50% of the group or organization must have its principal place of business in Marin County. Fields are typically closed from November through April 30. Resident I $95 /hr Non - resident I $UO/hr CITY OF MILL VALLEY Lacrosse has been a growth sport and SML has been a user of fields in Mill Valley the past 3 years. Mill Valley Recreation promotes the sport and offers a lacrosse camp for beginners' ages 5 -14 with games played with safe, soft balls at the Hauke Park softball fields and soccer field The Recreation Departmentstaff report that field use by SML has not resulted in greater wear and tear on the fields than caused by soccer. The Facilities Supervisor requires the rotating of goals to avoid wear patterns. Soccer and lacrosse co-exist regarding field uses and lines; however, they do not share fields simultaneously, for safety reasons. Over 10 years ago, the City of Mill Valley entered into an agreement between the Friends of Fields Organization, local leagues consisting of softball, baseball, and soccer, and the City to provide field renovations. Under the terms of the agreement, users pay a 'block" rate for field use. The City schedules fields based on historical patterns, sport in season, and ability to share field space. Fields are closed December - January and for two weeks during the summer for mid -year maintenance. The Mill Valley residency requirement is 75% or more of the participants are Mill Valley residents. Resident $40 /hr Non - resident $56 /hr Bulk User Rate $35 /hr TOWN OF TIBURON Historically, Tiburon Peninsula Soccer paid a $3,000 flat rate for field use. In 2008 Tiburon Peninsula Soccer agreed to pay the cost of a field maintenance contractor. In 2009, the Town moved the park and field maintenance in -house and initiated a cost sharing arrangement with TPSL. Field use fees paid by the team over the past five years are listed below: 2008 $7,600 2009 $4,700 ($500)* 2010 $9,753 2011 $5,255 2012 $11,789" -St. Hilary's paid $500 for their share of the field maintenance, based on a pro rata calculation of their percentage of the total field use. - Includes $4,922 contribution towards a new water filter system. 2013THESPORTSMANAGEMENTGROUP FIELDUSEAGREEMENT 4 The Town calculates charges to TPSL on a reimbursement basis for field costs above "standard" maintenance required to keep McKegney Green in condition for public use. TPSL is billed for labor, materials and equipment expended by the Town Public Works above standard field maintenance. Billing may include irrigation repairs, staff labor, field aeration, additional mowing, and the set up and removal of winter fencing. The fee does not include the cost of administrative overhead The full cost of maintenance of McKegney Green for 2013 is projected to be between $60,000 and $70,000. Standard maintenance includes weekly mowing, weed control, seeding, fertilizing, rolling, topsoil placement, irrigation maintenance, debris cleanup, maintaining field drainage, and special event preparation and cleanup. Also included in the cost of maintenance is the cost for water, and refuse service. McKegney Green is closed from the end of November through March 15 annually. - 2013 THE SPORTS MANAGEMENT GROUP FIELD USE AGREEMENT 5 y,l r `�'ti3r,,:.t :.I< -i. "J f�lI•:i. i t ;. f';'1 �: �Y The development of a field use policy for McKegney Green must consider a number of factors. These include scheduling options, maintenance and field monitoring, public safety, user fees, and additional staff resources dedicated to McKegney Green. SCHEDULING The Town of Tiburon has several choices regarding the scheduling of McKegney Green field: Intensify the uses Establish priority of uses Maintain the status quo The current scheduling practice is to allow TPSL to "blanket" reserve time. This provides the team flexibility in scheduling so they can work around poor field conditions. However, it also prevents the use by other organizations. Soccer is a fall sport and the soccer league uses the field heavily during that season. Use during the spring season is primarily for clinics and conditioning. The field use is lighter and during some of the 'blanket" reserved times, the field is not used. This light use provides additional resting time for the field. This low use period by soccer coincides with a high demand time for lacrosse practice fields. The lacrosse season begins in February and continues into May. MAINTENANCE AND MONITORING Tiburon Peninsula Soccer League has a long history of working cooperatively with the Public Works staff to maintain the condition of the field for continued use. This stewardship includes moving practices and games to different locations on the field to prevent wear, and scheduling light use or cancelling use to maintain the field in good playing condition. The addition of another field user or users will intensify the impact of use on the field and ultimately increase field maintenance costs. Public Works staff must monitor the field closely to supervise field use and conditions, determine impacts, and assess fees for user groups. This will increase staff time to monitor these field activities. PUBLIC SAFETY The Old Rail Trail borders the field on the north side. The proximity of the trail to the field raises safety concerns with errant balls, specifically the hard balls used by lacrosse. During the interim agreement period, several conditions are required of lacrosse for field use. The age of the players is restricted to younger players who are less likely to throw the ball with as much force or as far as older players. The placement of the practice fields and the netting behind the goals are conditions to address public safety. The interim use agreement provides a good opportunity for the Town to ascertain whether public safety is at issue as a result of the use by lacrosse and if additional conditions are warranted. FEE CONSIDERATIONS The Town has several options to explore in the application of field use fees: 1) establish a new standard rate; 2) continue the current financial terms; or 3) develop new bulk user rates. The Town has had only one bulk user of the field —the Tiburon Peninsula Soccer League. There is increased demand for the field from another bulk user, and the likelihood of other field requests should be anticipated going forward. 2013 THE SPORTS MANAGEMENT GROUP FIELD USE AGREEMENT 6 A ?i'KE(= IVbY( "REI -r1; 1= CL1_L'I�SLP(L3.IC'F The Town requires a fee policy to address all current and future field users with an equitable system for securing field use and assessing the cost for that use. TPSL's fee has historically been based on what is characterized as the actual cost of maintenance and repair that is incurred in excess of the "standard" maintenance of the Green. The TPSL's fee has been below comparable charges in other municipalities and well below cost recovery levels for the Town. The reimbursement does not include administrative costs or overhead. In 2012, the cost to TPSL was $6,867.60 plus a one -time expense of $4,921 for the purchase of a new water filter. The cost to TPSL in previous years was as follows: s+t as'• s s + $7,600 $4,700 $9,753 I $5,255 The fee policy can continue to be based on this methodology. However, when TPSL was the only bulk time user the assignment of costs was simple. With multiple bulk time users, assigning costs will become more complicated. An alternative methodology is based on the total cost to maintain the field and assigns a portion of the expense that is indicative of the sports team impact on the field. A case can be made that sports users are given much of the prime time (after school and weekends) for the field. Sport team use is much more intensive, and requires increased maintenance, over passive picnic or Frisbee throwing on the Green. The Superintendent of Public Works reports the annual cost to maintain McKegney Green, including administrative overhead, to be $60,000 to $70,000. This is based on the current level of use and limited administrative processing and inspection. The assessment of user fees is based on staff's assumption that the cost of standard maintenance for daily public use is borne by the Town, through tax dollars, as a Town service. 2013THESPORTSMANAGEMENTGROUP Maintenance costs resulting from additional services and wear -and -teat by TPSL use has been recouped by the Town through a billing to TPSL at the end of the budget year. This maintenance has been assessed in amounts ranging from $4,700 to a high of $9,753 and represent approximately 10% to 15% of the cost to maintain the field. TPSL has not been charged a bulk -user hourly fee. For this study, an averaged annual field maintenance expense of $65,000 was used. It is assumed that 50% of the cost of the field maintenance is attributable to the permitted use by TPSL. The hourly field rate is based on this expense. The 50% of use assumption is based on the "blanket" scheduling of field time for TPSL. Blanket scheduling is the time when the field is scheduled, however, may not actually be used by TPSL. The actual hours of use by TPSL have not been tracked. The cost to the users would increase under this proposed fee policy. Additional users, as defined by the new permit process, increase the wear - and -tear on the field and the costs should be borne by the user groups. Based on the preliminary 2013 requests, field use by all sports teams will total approximately 700 hours. Based on a total maintenance cost of $32,500, the cost for each hour of field use is $46.42. This rate represents the cost for use at the current level of service. It is recommended that a 30% charge be added to the base hourly rate to fund a McKegney Green Fields Capital Reserve Account making the `fully loaded" hourly rate $58.00. The Town may decide to provide a discount rate. The table on the following page displays rates based on various discounts. The second column illustrates the hypothetical cost to TPSL based on the various rates. The second table illustrates the rates currently charged by neighboring communities. The Town recognizes that the sports use of the field is a service provided to resident youth. The Town must determine the methodology and the extent to which it will subsidize youth sports and /or encourage use through its pricing. Town (Whb-111,411 Full Cost with I $58.00 Reserve Fund TPSL 2013 Hours (Estimate) 559 10% Discount $52.20 $29,179.80 20% Discount $46.40 $25,937.60 30%Discount $40.60 $22,695.40 TampalaisHS - Synthetic Field $50.00 (Weekends Only) Mill Valley I $35.00 Corte Madera - Resident I $95.00 STAFF RESOURCES The hourly rate assumption is based on the averaged current cost of field maintenance *, at the current level of service, and with the current number of users. The proposed hourly fee of $58.00 does not fund the additional cost associated with increased service levels, processing, or additional users. The impact on staff and administration include: Receiving and processing of forms, insurance, deposits Field inspection after scheduled uses Inclement weather field closures Addressing requirements with multiple users `Total bulk hours requested are 686 hou[STPSL time is reduced to create time forSML, Field scheduling Billing and collection Moderating conflicts J Potential increased demand for field use by bulk and non -bulk users resulting in increased maintenance To identify the staff and fiscal impact, the Town must determine the standard of service it will provide and the resources required to deliver that service. SUMMARY For over 20 years, there has been a single bulk user of the field Scheduling, user fees, and the procedures guiding the use of the field have been relatively uncomplicated. There has been an increased demand for field use by other bulk users, necessitating policies and financial terms to address use requests now and in the future. The challenge for the Town is to establish public policy that is fair to users with an appropriate level of use for good stewardship of the field. The intensification of use is a concern in terms of field preservation and safety. It also will result in changes for the Town's long -term bulk user of the field. It appears appropriate to establish a use policy that defines athletic field events and specifies requirements and procedures for approval. Regular, non - special use of McICegney Green shall be evaluated on the following factors by the Town Manager or designee: Impacts on field Impacts on traffic Impacts on parking Impacts on the general environment The Town Manager or designee may waive any of the above items if they are inapplicable to the proposed event. 2013THESPORTS MANAGEMENT GROUP FIELDUSEAGREEMENT 8 Town OfTiburoll W "R_FG'ivPi GPi?lNFII111ii LIi)ili7 The Town of Tiburon requires an updated McKegney Green field policy to address anticipated increased demand for field playing time, while preserving the field for public use. The following policies and fees are recommended for staff consideration FIELD PRIORITY Only the following groups may reserve McKegney Green for use, and they shall be allocated according to the following priority: Group 1 Town sponsored or co-sponsored events. Non - profit youth organizations with Group 2 a minimum of 75% of 94920 Zip Code participant residency on the field. Non - profit youth organizations with Group 3 50%-74% of 94920 Zip Code participant residency on the field. Residency is a common and justifiable criterion for establishing a priority system for field reservations. Often, non - resident groups serve to fill -in unscheduled hours on the fields. Through higher fees paid by non- residents, non- resident users contribute to a higher -cost recovery. However, often the fill -in slots on the schedule provides a very narrow 'window of opportunity' fox non - resident organizations to utilize community resources and ultimately results in limited, if any, use In the case of the Town of Tiburon, establishing a policy addressing only resident use is justifiable due to the lack of fields and the Town's priority to serve the needs of the residents. TWO OR MORE EQUALLY ELIGIBLE GROUPS REQUESTING SAME SCHEDULE In the event that two or more field requests with equivalent eligibility overlap, the Town's Superintendent of Public Works will use good judgment in determining the field allocation for the season. In these cases, priority consideration shall be given in the following order: L The organization with a history of past field use on specific fields will have first priority 2. Sport in season BULK RATE RESERVATION POLICY The purpose of bulk reservations is to provide an opportunity for continuous field use scheduling by local organizations to accommodate their practice and game schedules. Bulk users will be required to provide schedules to show when McKegney Green field is being utilized. If it is determined that the allocated time on McKegney Green field is not utilized by the designated organization /teams a total of three times during a season /or-reserved period of use, the field will be reassigned. Town staff will notify teams /organizations when it has been determined the field is not being used,and prior to reassignment. NON- PROFIT ELIGIBILITY To qualify for non -profit status, organizations must provide a copy of their letter of non -profit status with their ID number. Payment with an organization's check is required. 2013 THE SPORTS MANAGEMENT GROUP FIELD USEAGREEMENT 9 TOWN OF TIBURON RESIDENCY For purposes of this policy, a resident is a person residing within the 94920 Zip Code. Residency verification shall be provided by a master league roster complete with player's first and last names, address, phone number. Rosters must be made available during field use time with organization representative Youth groups are ages 18 and younger Any organization found to be misrepresenting its residency status will have its permit revoked for the season and will be assigned last priority for field use scheduling for the immediately following season. MCKEGNEY GREEN CAPITAL RESERVE FUND Despite its use as the Town's only sports field, McKegney Green was not designed as a sports field. The Green provides a large grass field for sport practice and limited game playing opportunities. To address the increased sport uses, the field requires a significant renovation or replacement of the field to provide the necessary irrigation, drainage system, and field design. The demand for field use by youth sports groups is growing and with the increased use, there is increased maintenance and remediation required to keep the Green a playable sports field and multi -use field for community activities. To address the maintenance issues and better serve its residents, the Town should consider the renovation of McKegney Green Currently, there is not an identified funding source for field improvements or major repairs. There has been some funding of equipment and increased maintenance funded by TPSL. This is through an informal arrangement in order to maintain the Green for soccer practice and game use. To address the need for funding, the McKegney Green Field Use Policy fee schedule includes a 30% surcharge for all field rentals with the funds allocated to a reserves account to fund major capital improvements to the field. This will require a budget policy to designate these funds for this specific purpose. The policy intent is for field rental users to supplement the investment of the Tiburon taxpayer. Other policy goals to consider: Amortize the capital investment Pay for and augment operation /maintenance costs for a field where tax appropriations support the basic services Assess a portion of the costs of the field to users who may not be tax supporters FEES Bulk user fees will be collected prior to field use. The Town may determine to collect the fee prior to each sport season or on a quarterly basis. Failure to pay the fee will result in the default of the permit and loss of reserved field time. Bulk users are defined as users with on -going and reoccurring use of the field on a seasonal basis. 1. Bulk permitting is defined as more than 6 uses per year and will be billed at the rate of $5220 per hour (assumes 10% discount) for all granted permitted hours. 2. Fees will include a surcharge for the McKegney Green Capital Reserve fund. 3. A deposit of $1,000 is required at the time the permit is issued. Shorter season schedules (less than six times per year) and one -time users shall be charged an hourly rate for reserved events. MTHESPORTSMANAGEMENTGROUP RELDUSEAGREEWNT 10 '61( JC '"'; K, T.- � iIP %1:F :_ry I 1 1 , i s! 1, V()L.I C'f 1. Resident users (Groups 2-3) shall be charged an hourly rate of $58. 2. A deposit of $100 is required at the time of permit issue. DEPOSIT REFUND The Town reserves the right to deduct from the security deposit all additional charges relating to, but not limited to, custodial services, maintenance /repair services, staff time, or emergency services that are required as a result of the field use. A security deposit may be fully or partially refunded for any of the following reasons: Damage to the field Misuse of the field Inadequate cleanup by the permit holder, requiring additional custodial /staff time following the permit holder's use Violation of field use rules If the additional fees due and payable exceed the amount of the security deposit, the permit holder will be billed for the balance due. Payment will be due and payable within thirty (30) days of the date of invoice. Fees that are not paid will be assigned for collection to a collection agency and the user group will be ineligible to apply for field use until the unpaid amount is settled in full. CANCELLATIONS For shorter season and one -time user activities cancelled by the field user 30 business days or more in advance, field user will be refunded 100% of fees paid less a $25 administrative fee. For activities cancelled by the field user 11 -29 business days in advance, field user will be refunded 50 %. No refunds will be issued for cancellation within 10 business days of a scheduled activity. Cancellations must be made in writing and submitted to and received by the Town Clerk's office to be entitled to receive a refund. If it rains on the date of reservation, another date will be made available or a full refund for the rained -out date will be provided less the administrative fee Bulk scheduling users will not receive refund or rainout date privileges. USES NOT PERMITTED Recognizing the preservation of McKegney Green is a priority, and due to intensification of use by sports groups, the following uses will not be allowed: Commercial, for-profit, and /or enterprise use Adult sport teams Private events Simultaneous mixed uses or sports on the field INSURANCE All users will be required to provide insurance as primary, non - contributory in the amount of $1 million. FIELD PRESERVATION POLICY Cooperation by all users is required for the preservation of McKegney Green grass fields in order to maintain `playable' field conditions. In addition to field closure during rain, wet and /or muddy field conditions (refer to Wet Field Policy), there may be temporary periods of field closure due to over- use and /or unsafe conditions. Field recovery periods will be determined by the Town's maintenance staff To promote field preservation, the following policies and procedures have been enacted: Field use, especially practices, shall be conducted so that the action takes place on different sections of the field, thus reducing excessive field damage in one area. Rotate use of areas, and stay off bare areas to limit erosion and further damage. Avoid wear patterns, especially in front of goals by rotating goal placement. 2013 THE SPORTS MANAGEMENT GROUP FIELD USEAGREEMENT 11 (_1)WJ1 Of .r ibia()l.i Assess field conditions daily and snake adjustments as to which areas of the field are used. Do not overcrowd fields by scheduling multiple games /practices. Allow a safe distance between playing areas for safe passage of spectators and participants. Replace field divots at end of each day to assist in the re -root of grass. No tarps or material, which may damage the grass, may be placed on the grass. Any coverings used on the grass must be made of a breathable material. Remove all equipment at the conclusion of each day Report hazards to the Town's maintenance office at (415) 435 -7399. Users must comply with "Field Closed" signs during these closure periods. The Public Works Director or his /her designee will be the single point of contact for cancellation, safety review, and scheduling. The Town reserves the right to cancel an approved reservation due to maintenance needs, overuse of field, or unsafe conditions. In these cases, the Town will make all attempts to provide advance notice and reschedule use or provide a refund for cancelled scheduled time. WET FIELD POLICY The purpose of the policy is to guide the use of McKegney Green, and to prevent injuries and damage to the field brought upon by inclement weather and /or unsafe playing conditions. An effective Field maintenance program is essential for safe, quality fields. Groups who use the McKegney Green fields are expected to assist in protecting their participants and the field during periods of rain or inclement weather. Athletic use of wet or saturated fields may cause extensive damage resulting in field closure and costly renovations. Groups shall abide by the Wet Field Policy and preserve the life and condition of the fields by not playing on them in wet conditions. The following policy applies to a period of rainfall, over- watered fields and /or irrigation breaks. All grass fields are deemed dosed to use at any time duringrainfall. The Town reserves the right to cancel or suspend field use permits when field conditions could result in injury to players or cause damage to the fields. Permits may also be cancelled when the health and safety of participants are threatened due to impending conditions, including but not limited to, heavy rains, smog alerts, or pesticide application. During inclement weather, the Town's maintenance staff will assess the playability of Town owned field to determine if use will occur. Bulk -time permit holders will be required to designate a field conditions representative to apply this policy after business hours and on weekends. Users will be required not to use the fields during or after heavy rain, or when wet or muddy, for at least 48 hours. A failure to abide by this policy may result in the revocation of the permit and/or he assignment of last (or lower) priority status for field use scheduling for the following season VIOLATIONS OF PERMITTED USE The Town utilizes a three - strikes policy for violations of Field Use Allocation Policy: L First offense: written warning and restitution for damages, if applicable FLELDUSEAGREEMENT 12 2. Second offense: written notice of three day suspension and restitution for damages, if applicable 3. Written notice of termination of any existing permits, loss of future permit privileges, and restitution for damages, if applicable SUSPENSION OF PERMIT The Town Manager or designee, or Chief of Police shall have the power to suspend, and shall suspend, any athletic event permit if the applicant has done any of the following: Violated any provision or requirement of approval imposed on the permit Violated any provisions of the law With the actual conduct of the activity, threatened the preservation of the public peace, safety or general welfare, or unreasonably interfered with the use and enjoyment of other property in the immediate vicinity of the activity INTERPRETATION The Town Manager or his /her designee will make interpretations of the meaning of the field use policy, and may override the policy if he /she determines doing so is in the best interests of the Town. The Town Manager's interpretations shall be final. MIS THE SPORTS MANAGEMENT GROUP FIELD USEAGREEMENT 13 -imerided caons The field will be closed to rental groups annually for Required distance from path: minimum of 10 yards maintenance and recovery periods from Thanksgiving to on each side mid - March. Use restricted to specific age groups: boys Ull and Signage at McKegney Green should address the following girls Ull rules and regulations: Practice field use for Spring season only It is recommended that the following lacrosse conditions of use be implemented: Lacrosse to set up nets behind goals Lacrosse field layout as illustrated on the attached map (see page 18) 2013THE SPORTS MANAGEMENT GROUP FIELD USEAGREEMENT 14 Town. of Tiburon MCKEGNEY GREEN ATHLETIC FIELD USE PERMIT REQUEST EVENT INFORMATION EVENT PLAN INFORMATION: If you are requesting multiple dates or an on -going rental, please provide on separate sheet and attach. REQUESTED DATE Describe your plans for the following. PARIONG & TRAFFIC CONTROL RENTAL HOURS: AM/PM - AM/PM TYPE OF ATHLETIC EVENT: FIELD PREP: ESTIMATED ATTENDANCE: APPLICANT INFORMATION CLEAN -UP & RECYCLING: NAME EMAIL FIRST AID: ADDRESS CITY STATE ZIP WATER & SANITARY NEEDS: PRIMARY PHONE # SECONDARY PHONE # ROLE IN ORGANIZATION: ORGANIZATION INFORMATION OFFICE USE ONLY FORM RECEIVED: NAME OF ORGANIZATION PRIMARY CONTACT DEPOSIT S DEPOSIT RECEIVED ON: CONTACT TITLE - DEPOSIT RETURNED S EMAIL DEPOSIT RETURNED ON: CELL PHONE► OFFICE PHONE# RENT S ORGANIZATION ADDRESS RENT RECEIVED ON: CITY STATE ZIP DEPOSrT/REFUND NOTES: ORGANIZATION NON - PROFIT TAX ID # Town Of Tiburon Public Works 11505 Tiburon Blvd, Tiburon, CA 94920 415.435.7373 I www.townoftiburon.org REV. 08.08.13 APPLICATION PROCESS 1. Applications must be on a form provided by the Town of Tiburon and submitted in person to the Town Clerks office at Town Hall during business hours. 2. No reservations will be accepted by phone or email. 3. Renter must be 21 years of age or older. 4. Field request deadline for priority bulk scheduling: Field Use: March -End of November (Permit Requests accepted November 1) All other field requests must be made not fewer than ten (10) calendar days prior to the desired date(s). A 5100 deposit is required at the time of application to secure reservation. Note: Field closed annually from December - February. 5. Only the individual listed on the original application Is authorized to make changes to the reservation. 6. Certificate of general liability insurance naming user as primary, non - contributory in the amount of $1 million will be required no later than five (5) days before first use. 7. Reservations are based on the following priority system: Group 1: Town sponsored or co- sponsored events Group 2: Non -profit youth organizations with a minimum of 75% 94920 Zip Code participant residency on the field Group 3: Non -profit youth organizations with 51 % -74% 94920 Zip Code participant residency on the field 8. No commercial, enterprise, or private use of McKegney Green field allowed. 9. Please refer to Field Policies & Conditions of Use for specific regulations for McKegney Greenfield. Your permit will be approved only after receipt of general liability insurance certificate naming the user group as primary, non - contributory in the amount of $1 million. AGREEMENT By signing, you are agreeing to the below statement as well as the policies and procedures that govem the use of McKegney Green Field. I, the undersigned on behalf of myself or the designated organization, do herby acknowledge that I have reviewed the reservation procedures and regulations for the McKegney Green Field use and agree to, and will abide by those rules and regulations before, during and after the event. I understand that accident and /or liability insurance Is not provided by the Town. I further agree to save and hold harmless the Town of Tiburon and/ or their employees from any loss, claims, liabilities or damages, and /or injuries of persons and property that in any way may be caused by myself or the designated organization's use of the McKegney Green Field. 1/my organization agree /agrees to accept and assume full responsibility and liability for any and all expenses resulting from any accidents, injuries or damage occurring during our use. I have read the rules and regulations of rental carefully and agree to them as written. SIGNATURE OF APPLACANT DATE Town Of"llburmi 8A( A FGN! Y G'REFNI FlYLD UqF 1`01ACY MCKEENEY BREIN 6401 *10 "Cld Ft MCKERNEY UREE14 - LAUMSE Gooste earth 1 300 meters 100 i 2013 THE SPORTS MANAGEMENT GROUP FIELD USEAGREEMENT 18 SPRING SEASON 2013 On March 19, 2013 Town initiated an interim agreement to accommodate the 2013 spring season field needs of the Tiburon Peninsula Soccer League (TPSL), Southern Marin Lacrosse (SML), and St. Hilary School (SHS). The Town initiated the following temporary field agreement: Tiburon Peninsula Soccer League granted field use: • Mondays from 330pm -7pm • Tuesday, Thursday and Friday from 330pin to Spin • One weekend day, to be determined • Field use will extend past Memorial Day » Pay for use an amount equal to the amount of the Town's accrued annual expenses for McKegney Green reduced by the amount paid by SML and SHS. Southern Marin Lacrosse granted field use: • Tuesday, Thursday and Friday from March 15 -May 27 from 5-15pm to 7pm • Girl U9 and Boys U11 and younger age groups permitted • Safety netting will be erected behind the goals and removed on the same day • SML will pay for the use of thefield atan initial rate of $60 per hour SHS is granted field use on Wednesday from 330 -7pm » SHS will pay $60 per hour. 2013 THE SPORTS MANAGEMENT GROUP APPENDIX 0 Town offiburon CKEGNEY GREEN ATHLETIC FIELD USE POLICY - ATHLETIC EVENTS Introduction The Town of Tiburon (the 'Town) is dedicated to nurturing healthy lifestyles, preserving neighborhood quality of life, and protecting the Town's field resources. The Town acknowledges that sports area fundamental component of a healthy lifestyle and recognizes that McKegney Green is the only Town athletic field, and is highly desired by local residential groups for sport activities. The purpose of this policy Is to outline the Town's procedures and rental policies for the permitted use of McKegney Green athletic field. This policy has been established to assure that the McKegney Green Field is utilized for recreational and athletic functions that serve the needs of the community, and to set clear policies, procedures, regulations, and rental fees for such use. The policy ensures that permitted users are fully informed of the Town's guidelines that govern their use of the athletic field. The Town recognizes that the permitting process provides an organization the exclusive use of McKegney Green Field. PURPOSE The purpose of the McKegney Green Field Use Policy is to: Establish policies and procedures governing the exclusive use of McKegney Green Field Ensure Town of Tiburon residents have priority access to the athletic field they support with tax dollars Collect reasonable fees for the use of the field In support of its ongoing maintenance Ensure that decisions regarding the use of the McKegney Green Field are based in the best interests of the neighborhoods and residents of the Town ofriburon Require that appropriate sports are permitted on McKegney Green Field Maintain the safety of the field conditions and preserve the quality of the athletic field as a Town resource Permit Required Field Use Permits are required for exclusive field use or for any temporary or on- going, seasonal, non - special and organized use of McKegney Green athletic field maintained by the Town, and are subject to fee and security deposit requirements. In accordance with the Town of Tiburon Municipal Code Section 1& the Town Manager or designee is authorized to issue field use permits. 1. FIELD USE PERMITTING McKegney Green field space requests for repeated, organized use are considered once per year for the following year. Reid space is awarded on a priority basis at the beginning of each winter period for the following year, March - November. To apply for a McKegney Field Use Permit, an applicant must submit a field request form to the Town ClefVs office. Field request forms may be found online at ww.townoftiburon.org. 2. FIELD REQUEST FORM DEADLINES FOR PRIORITY SCHEDULE November 1: Requests accepted for the following March 15 - November 30 season(s). Responses to requests and field allocation will be provided by November 30 of the same year as submittal. 3. NON - RECURRING USERS FIELD REQUEST REQUIREMENT A field use reservation request must be made no fewer than ten (10) calendar days prior to the desired dates) of use and prior to a permit being issued. Proof of insurance must be submitted prior to permit issue. Deposit is due at the time of request submittal. Town Of Tiburon Public Works 11505 Tiburon Blvd. Tiburon, CA 94920 415.435.7373 1 www.townoftiburon.org REV OBAa.13 PG 1 To-wry. of Tiburon MCKEGNEY GREEN ATHLETIC FIELD USE POLICY ATHLETIC EVENTS 4. FIELD PRIORITY McKegney Green Field use will be allocated based on the following priority classification system. Priority Group Classifications Group 1: Town sponsored or co- sponsored events. Group Z: Non -profit youth organizations with a minimum of 75% Zip Code 94920 participant residency on the field. Group 3: Non -profit youth organizations with 50 % -74% Zip Code 94920 participant residency on the field. Two or More Equally Eligible Groups Requesting the Same Field In the event that two or more field requests with equivalent eligibility overlap, the Town Manager or his /her designee will use good judgment to determine the field allocation for the season. In these cases, priority shall be given based on the following order. 1. The organization with a history of past field use on specific fields will have first priority. 2. The sport in season is second priority. Non -Profit Eligibility To qualify for non -profit rates, organizations must provide a copy of their letter of non -profit status with their ID number. Payment with an organization's check is required. Town Of Tiburon Residency A resident is a person residing within Zip Code 94920. Residency verification shall be provided by a master league roster complete with playeh first and last names, address, phone number. Rosters must be made available during field use time with organization representative Any organization found to be misrepresenting Its residency status will have its permit revoked for the season and will be assigned last priority for field use scheduling for the immediately following season. Definition of an Adult Adults are defined as those aged 18 and over. 5. FIELD ALLOCATIONS The field will be permitted for activities that it is intended for, designed for, classified for, or for activities conducted in a manner that do not compromise public safety or field quality and integrity. Commercial, for- profit, and /or enterprise use for youth or adult organizations are not allowed. 6. FEE Deposits and hourly rate fees are due and payable prior to the issuance of an approved field use permit. The Town may determine to collect the fee prior to each sport season or quarterly. Failure to pay the fee will result in the default of the permit and loss of reserved field time. Field fee per hour. Hourly rate 558, Groups 2 -3 Bulk permitting is defined as more than six (6) uses per year and will be billed at a rate of $52.20 per hour. Town Of Tiburon Public Works 11505 Tiburon Blvd, Tiburon, CA 94920 415 .435.73731www.townoftibumn.org REV. 08.08.13 PG2 lowii ofTiburon IVCKEGNEY GREEN ATHLETIC FIELD USE POLICY -ATHLETIC EVENTS 7. DEPOSITS A refundable deposit of S100 is required for all single field use reservations. Bulk schedule users are required to provide a $1,000 refundable security deposit. The Town reserves the right to deduct from the security deposit all additional charges relating to, but not limited to, custodial services, maintenance/ repair services, staff time, or emergency services that are required as a result of. . Damage to the field Misuse of the field Inadequate cleanup by the permit holder, requiring additional custodial /staff time following the permit holders use Violation of field use rules If the additional fees due and payable exceed the amount of the security deposit, the permit holder will be billed for the balance due. Payment will be due and payable within thrity (30) days of the date of invoice. Fees that are not paid will make the user group ineligible to apply for field use until the unpaid amount is settled in full. 8. INSURANCE LIABILITY As a condition of permit approval, the permit holder shall obtain insurance, as required by the Town Attorney, as set forth in this paragraph. The permit holder shall provide the Town Attorney with an endorsement showing the user group as primary, non - contributory in the amount of S1 million. The Town of Tiburon is to be added as additional insured to the required insurance. The permit holder shall also sign an indemnification clause agreeing to indemnify and hold the Town of Tiburon, Its officers, agents, employees, and volunteers, harmless from any claims, liabilities, losses or expenses arising from the field use. The insurance certificate must afford one million dollars ($1,000,000) of primary, non - contributory general liability coverage per occurrence and contain the following information: General liability coverage (property and bodily injury) as evidenced by an insurance certificate with an endorsement naming the user group as primary, contributory and the Town of Tiburon as ADDITIONAL INSURED. A guarantee of 30 days prior notice to a change or cancellation of the policy. Additionally. The Town disclaims responsibility for any accident, injury, liability, loss or damage to person or property as a result of unauthorized field use. 9. PERMIT RULES AND REGULATIONS Rules for Permitted Use of McKegney Green Permits cannot be transferred, assigned or subleased to any other person, group or organization for any reason. Subleasing will result in revocation of the permit. Permit holders shall restrict their use to the field specifically reserved and paid for as designated in their permit Permit holders must be in possession of their Reld Use Permit and team roster In case there Is a need to address the question of who has priority in use or reservation for the field in question. If the permit holder cannot use a field due to unauthorized use by another party, the permit holder should contact the Town of Tiburon Police Department at 415- 789 -2801. Town Of Tiburon Public Works 11505 Tiburon Blvd,Tiburon, CA 94920 415.435.73731 www.townoftiburon.org REV.09.08.13 PG3 Town of Tiburon MCKEGNEY GREEN ATHLETIC FIELD USE POLICY - ATHLETIC EVENTS The permit holder will be responsible for all actions and omissions that result in damages caused by their attendees. If additional maintenance is required (in excess of normal services /time) to restore the premises, turf, equipment, and /or property to reasonable use by others, the permit holder shall be charged accordingly. Complaints from surrounding neighborhood residents as to the permittee's activity noise level, litter and debris, and/or disregard of parking regulation could lead to the cancellation of the permit or reservation, the forfeiture of the security deposit, and the denial of the field use in the future. Feld may be lined prior to permitted group use. Water - soluble spray paint is the only permitted means of lining a field. Soccer and lacrosse goals must be anchored at all times when they are located on the playing field. When goals are not being utilized for play, they must be secured off the playing field in a manner which will prevent tipping or any hazardous condition to cause injury to any person. The Town reserves the right to cancel an approved reservation due to maintenance needs, overuse of the field, unsafe conditions, or conflict with a Town event In these cases, all attempts will be made to provide a minimum of 15 days advance notice. In the event of an emergency or cancellation of an approved field request by the Town, a full refund will be provided except in the case of bulk users. Field users must Instruct participants and spectators to park in Blackie"s Pasture public parking areas. Field users should post directional signs, if needed, to guide participants and spectators to appropriate parking areas. If traffidparking is an issue, the user group must provide volunteers to direct participants and spectators to designated parking areas. No group or individual is permitted to maintain a storage unit (or similar object) on or around a field without written approval from the Town. Users must pick up and remove any trash generated by their activity. Games and practices are not to start before S.00am or extend past 10:00pm. Vending at the field is permitted only if the vendor is associated with the activity and has received prior approval from the Town. 10. GENERAL MCKEGNEY GREEN FIELD RULES All of Town of Tiburon Municipal Codes /Regulations apply to the field. All organized athletic organizations must obtain approval for use from the Town of Tiburon indicating such activity is expressly allowed by permit No person shall use the field, which is posted closed for whatever reason. No unauthorized vehicles shall enter the field area or drive on the grass or paved walkways. Prohibited in McKegney Green field: > No alcohol or tobacco products allowed. > No gambling, fireworks, or narcotics. I No portable barbeques, open fires, or fireworks. > No golf or rugby is permitted at the field. No tents or canopies over 10 feet in height or over 100 sf in area. Anchoring must not penetrate the ground surface. No glass containers allowed. > No dogs allowed on field. r Amplified sound is not allowed on field without Town approval. Town Of Tiburon Public Works 11505Tibumn Blvd, Tiburon, CA 94920 415A35 .73731www.townoftibumn.org REV.e108.13 PG4 To w ii of Tiburon K/ICKEGNEY GREEN ATHLETIC FIELD USE POLICY -ATHLETIC EVENTS 11. CANCELLATIONS AND REFUNDS For activities cancelled by the field user 30 business days or more in advance, field user will be refunded 100% of fees paid minus a 525 administrative fee. For activities cancelled by the field user 11 -29 business days in advance, field user will be refunded 50% of fees paid. No refunds for cancellation Within 10 business days of a scheduled activity. Cancellations must be made, in writing, and submitted to and received by the Clerk's office in order to be entitled to receive a refund. If there is rain on the date of reservation, another date will be made available or a full refund for the rained -out date will be available. Bulk scheduling will not receive rain -out date privileges. 12. WET FIELD POLICY The purpose of the policy is to guide the use of Town athletic fields and to prevent injuries and damage to the field brought upon by inclement weather and/or unsafe playing conditions. An effective field maintenance program is essential for safe, quality fields. Groups who use the McKegney Green Field are expected to assist in protecting their participants and field during periods of rain or inclement weather. Athletic use of wet or saturated fields may cause extensive damage resulting in field closure and costly renovations. Groups shall abide by the Wet Field Policy and preserve the life and condition of the fields by not playing on them in wet conditions. The following policy applies to a period of rainfall, over - watered fields and /or irrigation breaks. The McKegney Green grass field is deemed closed to use at any time during rainfall. A failure to abide by this policy may result in the revocation of the permit and/or the assignment of last (or lower) priority in status for field use scheduling for the following season. The Town reserves the right to cancel or suspend field use permits when field conditions could result in injury to players or cause damage to the field. Permits may also be cancelled when the health and safety of participants are threatened due to impending conditions, including but not limited to, heavy rains, smog alerts, or pesticide application. During inclement weather, the Town's maintenance staff will assess the playability of Town -owned fields to determine if use will occur. The designated representative shall have the authority to close any /all fields within the Town. Recurring permit - holding users will be required to designate a Field Conditions Representative to apply this policy after business hours and on weekends. Do NOT use the field during or after heavy rain, or when wet or muddy, for at least 48 hours. 13. TURF PRESERVATION Your cooperation is needed to preserve the turf on the field. Please abide by the following guidelines: 1. Field use, especially sport practice should be conducted in a manner so that play takes place on different sections of turf, thus reducing excessive turf wear and damage to any one area. Rotate use of areas (i.e. use middle of turf area for drills one day and sides of the field the following day) and, when possible, stay off of the fringe or bare areas to limit erosion and further damage. Allow a distance between the field for safe passage of spectators and participants. 2. Replace turf divots at the end of each day to help re -root the grass. 3. Remove all equipment at the conclusion of use each day. 4. Water - soluble paint or chalk are the only approved methods of applying lines to the field. S. Report field hazards and /or emergencies to Public Works at 415- 435 -7354. 6. No tarps or material, which may damage the grass, may be placed on the turf. Any turf coverings used must be made of a breathable material. Town Of Tiburon Public Works 11505 Tiburon Blvd, Tiburon, CA 94920 415.435.73731 www.townoftiburon.org REV.08.011.13 PG5 r. "Towel of Tiburon. IVICKEGNEY GREEN ATHLETIC FIELD USE POLICY -ATHLETIC EVENTS 14. MAINTENANCE An annual rest and renovation program is scheduled to maintain field sustainability. McKegney Green Field is closed for use from November 30 - March 15 for a turf recovery period. The Town makes every effort to accommodate groups and organizations; however, the health and safety of the user and the condition and playability of the field takes precedence. As a result the Town may close the field, deny use of the field, and /or alternate field use. The Town of Tiburon encourages partnerships and volunteerism to improve field quality and maintenance; however, in the absence of a written agreement donations and /or contributions of time do not give any organization priority. Groups wishing to alter the field must submit these improvement requests in advance to the Town. No groups will be allowed to alter any facility without first obtaining the Town's approval. 15. VENDORS User groups operating concessions are considered first party vendors. No commercial vendors are allowed. Outside companies may not be used as concessionaires by user groups. User groups, with permission from the Town, may sell food and drinks at cost 16. BANNERS /SIGNAGE /ADVERTISING Organizations should obtain appropriate approval and or permit(s) to meet the established standards required by the Town sign ordinance policy prior to any public display or advertising on Town property. Signboards or banners displayed in the field should not be located where they create potential negative visual impact They should neither distract nor interfere with the overall field experience for the general public Signs or banners must be confined and orientated to the area of use by the organization. Additional requirements include: No permanent structure may be erected. No inappropriate language or messages may be displayed. Banners may be displayed only during the dates of use indicated on the field use permit. 17. CANCELLATIONS AND VIOLATIONS The Town of Tiburon reserves the right to cancel any reservations (permits) for field use for any of the.following reasons: Conflicts with Town sponsored league, program, activity or event Maintenance issues Overuse of field Unsafe conditions In these instances, all attempts will be made to provide advance notice and to reschedule field use. The misuse of the field or the failure to conform to the field regulations, established policies and procedures or any other Federal, State, or local law, rule regulation or ordinance shall be sufficient grounds for the immediate revocation of the permit and /or denial of any future applications. No refund will be granted. Violations The Town utilizes a three - strikes policy far violations of Field Use Allocation Policy. 1. First offense: written warning and restitution for damages, if applicable 2. Second offense: written notice of three day suspension and restitution for damages, if applicable 3. Written notice of termination of any existing permits, loss of future permit privileges, and restitution for damages, if applicable Town Of Tiburon Public Works 11505 Tiburon Blvd, Tiburon, CA 94920 415.435.73731 www.townofUburon.org REV.011:08.13 PG6 Towii of Tiburon MCKEGNEY GREEN ATHLETIC FIELD USE POLICY - ATHLETIC EVENTS Suspension of Permit The Town Manager or the Chief of Police shall have the power to suspend and shall suspend, any athletic event permit if the applicant has done any of the following: 1. Violated any provision or requirement of approval imposed on the permit 2. Violated any provisions of the law 3. With the actual conduct of the activity, threatened the preservation of the public peace, safety or general welfare, or unreasonably interfered with the use and enjoyment of other property in the immediate vicinity of the activity. Interpretation The Town Manager or his/her designee will make interpretations of the meaning of the field use policy, and may override the policy if he /she determines doing so is in the best interests of the Town. The Town Manager3 interpretations shall be final. Town Of Tiburon Public Works 1 1505 Tiburon Blvd, Tiburon, CA 94920 415.435.7373 1 www.townoRlbumn.org REV. 08.08.13 PG7 TOWN OF TM-WRON M CKECiNEY GRE-i-EN . POLICY ADOPTED -/--/2. D 14 EXHIBIT 8 Town of"I'lib 1L di MCKEGNEY GREEN FIELD USE POLICY Introduction The Town of Tiburon is dedicated to nurturing healthy lifestyles, preserving neighborhood quality of life, and protecting the Town's park resources. The Town acknowledges that sports and recreation are a fundamental component of a healthy lifestyle. The Town recognizes that McKegney Green is the only Town - controlled field capable of being used for athletic purposes and is also highly desired by local residents for casual recreational enjoyment. This policy is established to ensure that the McKegney Green is utilized for community, recreational, and athletic functions that serve the needs of the Peninsula, to set clear policies, procedures, regulations, and to establish a rental fee system for permitted exclusive use of the Green. The policy ensures that permitted users are informed of the Town's rules and regulations that govern use of the Green and that such exclusive use must be balanced with the demand for general public recreational use of the Green. Purpose of the Policy The purpose of the McKegney Green Field Use Policy is to: ■ Ensure that use of McKegney Green is balanced between community, recreational, and athletic functions that serve the needs of the Tiburon peninsula. ■ Establish rules, regulations, policies and procedures governing the use of McKegney Green ■ Ensure Tiburon peninsula residents have priority access to a facility supported by their tax dollars • Collect reasonable fees for the reserved use of McKegney Green in support of its ongoing maintenance and long -term improvement ■ Ensure that decisions regarding the use of the McKegney Green take into account the interests of the surrounding neighborhoods and residents ■ Limit organized sports use of McKegney Green to appropriate youth sports only ■ Maintain the safety of the field conditions and preserve the quality of the Green as a Town resource Non - Permitted Uses of McKegney Green Commercial, for - profit, and/or enterprise uses; commercial vendors; private events; adult sports teams; and simultaneous mixed sports uses are not allowed. POST- Recommended Draft 4/30/2014 Tom or Tiburon Public Works 11505 Tiburon Blvd, Tiburon, CA 94920 415.435.7373 1 www.townotiiburon.org 1 01 NtCKEGNEY GREEN FIELD USE POLICY Non - Exclusive Public Recreational Use Non - exclusive casual recreational use of McKegney Green by the public is allowed on a first -come, first- served basis during open hours when use of the field is not reserved by a Field Use Permit. Typical uses of this nature include sunbathing, picnicking, kite- flying, casual Frisbee - throwing, dog - walking (on -leash only), and similar uses. No fee or permit is required for such use. General Rules for McKegney Green Use Users of McKegney Green shall abide by the following General Rules: (a) All exclusive (reserved) use of the Green must secure a Field Use Permit in advance. (b) No person shall use McKegney Green when it is posted "Field Closed ". (c) Applicable Tiburon Municipal Code provisions shall be obeyed. (d) No unauthorized vehicles shall enter the field area or drive on the grass or paved walkways. (e) Prohibitions on McKegney Green: (1) No alcohol or tobacco products are allowed. (2) No gambling or narcotics are allowed. (3) No portable barbeques, open fires, or fireworks are allowed. (4) No glass containers are allowed. (5) No rugby is allowed; golf is limited to classes offered by Belvedere- Tiburon Recreation (The Ranch) that use soft or whiffle -type golf balls. (6) No commercial vendors are allowed. Outside companies or individuals may not be used as concessionaires or vendors by user groups. User groups, with permission of the Town, may sell food and drink at cost. (7) No tents or canopies over 10 feet in height or over 100 square feet in area are allowed. Anchoring must not penetrate the ground surface. (8) No signs are allowed. Temporary banners are permitted during events provided: a. Banners must pertain to the event being held. b. No inappropriate messages may be displayed on the banners. (9) No amplified sound is allowed. Field Use Permit Required Field Use Permits are required for reservation (exclusive use) of McKegney Green. Field Use Permits are subject to fee and security deposit requirements, and are typically associated with organized youth sports activities such as soccer and lacrosse, Tiburon peninsula school use, and Town- sponsored or co- sponsored events. Permitted use of the Green more than three (3) times per year by any user POST - Recommended Draft 4/30/2014 Town or Tiburon Public Works 11505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 1 www.tmvno£tiburon.org VFA ! juror MCKEGNEY GREEN FIELD USE POLICY group qualifies that group as a "recurring user ". The Green is generally closed from approximately November 30`h to March 15`h for turf recovery purposes. 1. RECURRING USE FIELD REQUEST PERMITTING McKegney Green requests for recurring organized youth sports use are considered once per year for the following year. Field space is awarded on a priority basis in approximately November of each year for the following calendar year. To apply for a McKegney Field Use Permit, an applicant must submit a field request form with the Tiburon Public Works Department at Town Hall. Field request forms may be found online at www.townoftiburon.org. Requests for recurring field use are accepted beginning November 1 each year for the following March 15 through November 30 time period. Town responses to requests for field allocations will be provided by approximately November 30th. 2. NON - RECURRING USE FIELD REQUEST PERMITTING A field use reservation request for a non - recurring use (less than four times per year) must be made no fewer than ten (10) calendar days prior to the desired date(s) of use and prior to a permit being issued. Proof of insurance must be submitted prior to permit issuance. A deposit is due at the time of request submittal. 3. FIELD PRIORITY FOR RESERVED (EXCLUSIVE) USE Reserved use will be allocated based on the following priority system: Group 1: Town- sponsored or co- sponsored events have first priority. Group 2: Belvedere - Tiburon Recreation (The Ranch) programs, and non -profit youth sports organizations with more than 75% 94920 zip code participant residency on the field, have second priority. Group 3: Peninsula school - related events have third priority. Group 4: Non - profit youth sports organizations with 50% to 75% 94920 zip code participant residency on the field have fourth priority. The Town Manager or his/her designee shall exercise sound judgment in determining the field use allocation for two or more equal priority groups requesting conflicting or overlapping times of use. The first tiebreaker for sports - related uses shall be "sport in season ". As used in this policy, the following terms have the meanings as set forth below: Non Profit Eligibility: To qualify for a field use reservation, organizations must provide a copy of their letter of non -profit status with their ID number. Payment with an organization's check is required. POST- Recommended Draft 4/30/2014 Tom of Tiburon Public Works 11505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 1 www.townofiiburon.org N i MCKEGNEY GREEN FIELD USE POLICY Residency. A resident is a person residing within zip code 94920. In the case of youth sports organizations and Tiburon peninsula school - related uses, a youth's attendance at the Reed Union School District or St. Hilary's School shall qualify for residency. Residency verification shall be provided by a master league roster, team roster, or other means acceptable to the Town. Such roster shall be complete with player's first and last names, address, phone number, and peninsula school affiliation if not residing in the 94920 zip code. Rosters must be made available upon request by the Town. Any organization found to be willfully misrepresenting its residency status may have its permit revoked and fees forfeited for the season, and may be assigned last priority for field use scheduling for the immediately following season. Adult. An adult is defined as a person eighteen (18) years of age or older. 4. FEES The standard field rental fees are as follows: $35 per hour for recurring users, and $40 per hour for non- recurring users. These rates are subject to review and adjustment by August 31, 2015, and subject to periodic review and adjustment thereafter. Hourly rate fees are due and payable prior to the issuance of a Field Use Permit. For recurring use youth sports organizations, the Town may determine to collect the fee prior to each sports season, quarterly, or through other schedule by mutual agreement. Failure to pay the fee in a timely manner may result in the default of the permit and loss of reserved field time. Twenty -five percent (25 %) of the hourly rate rental fees collected shall be set aside in a restricted fund for capital improvements to McKegney Green, in accordance with a capital improvement plan adopted by the Town. The intent is for field rental users to supplement the investment of Tiburon taxpayers toward major improvements to the Green. 5. FIELD USE PERMIT STANDARD RULES AND REGULATIONS Permit holders must comply with the following Rules and Regulations, in addition to any special conditions that may reasonably be imposed upon the issuance of a Field Use Permit for McKegney Green: A. Permits cannot be transferred, assigned or subleased to any other person, group or organization for any reason. Subleasing will result in revocation of the permit. B. Permit holders must be in possession of their Field Use Permit or Town- posted McKegney Green Schedule in case there is a need to address the question of who has priority of use or reservation. If the permit holder cannot use the Green due to unauthorized use by another party, the permit holder should contact the Town of Tiburon Police Department at 415- 789 -2801. POST - Recommended Draft 4/30/2014 Trnvn of Tiburon Public Works 11505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 1 w .tovrnoftiburon.org m + 0` MCKEGNEY GREEN FIELD USE POLICY C. The permit holder will be responsible for all actions and omissions that result in damage caused by their attendees. If additional maintenance is required (in excess of normal services /time) to restore the premises, turf, equipment, and/or property to reasonable use by others, the permit holder shall be charged accordingly. D. Verified complaints regarding a permit holder's activity noise level, litter and debris, and/or disregard of parking regulations could lead to suspension or revocation of a permit or reservation, the forfeiture of the security deposit, and denial of field use in the future. E. McKegney Green may be lined prior to a permitted group use. Water- soluble spray paint and chalk are the only permitted means of lining. F. Soccer and lacrosse goals must be anchored at all times when they are located on the playing field. When goals are not being utilized for play, they must be secured off the playing field in a manner that will prevent tipping or any hazardous condition. G. The Town reserves the right to cancel an approved reservation due to maintenance needs, overuse of the field, unsafe conditions, or conflict with a Town- sponsored event. In these cases, reasonable attempts will be made to provide a minimum of ten (10) days advance notice. In the event of an emergency or cancellation of an approved field request by the Town, a full refund will be provided except in the case of recurring users. H. Field users must instruct participants and spectators to park in Blackie's Pasture public parking areas and avoid neighborhood parking. Field users should post directional signs, if needed, to guide participants and spectators to appropriate parking areas. If traffic /parking is an issue, the user group must provide volunteers to direct participants and spectators to designated parking areas. I. No group or individual is permitted to maintain a storage unit (or similar object) on or around a field without written approval from the Town. J. Users must pick up and remove any trash or litter generated by their activity. K. Games, practices, and other events are not to start before 8:00 am or extend later than 9:00 pm. No field use is permitted after dark. 6. WET FIELD RULES Wet Field rules are hereby established to prevent bodily injury and damage to the field from inclement weather and/or unsafe playing conditions. Groups that use the McKegney Green field are expected to assist in protecting their participants and the field during periods of rain or inclement weather. Sports use of a wet or saturated field may cause extensive damage resulting in field closure and costly renovations. Groups shall abide by the Wet Field rules and preserve the life and condition of POST- Recommended Draft 4/30/2014 Town of Tiburon Public Works J 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 1 w w.townoftiburon.org. 5 1 f MCKEGNEY GREEN FIELD USE POLICY McKegney Green by not using it in wet conditions. The following rules apply to a period of rainfall, an over - watered field and/or irrigation breaks. • The McKegney Green field is deemed closed to use at any time during rainfall. • The Town reserves the right to cancel reservations or suspend Field Use Permits when field conditions could result in injury to players or users or cause damage to the field. Permits may also be suspended when the health and safety of participants are threatened due to existing or impending conditions, including but not limited to field maintenance, fertilizer application, lightning, or air quality alerts. • During Town work hours, the Town's Public Works Department maintenance staff will assess the playability of the Green to determine if use will occur. • Recurring permit- holding users will be required to designate a Field Conditions Representative to apply these rules during non - business hours and on weekends. The designated representative shall have the authority and responsibility to close the Green or any portion thereof in accordance with the Wet Field rules. • The Green should not be used after heavy rain, or when wet or muddy, for at least forty -ei ght (48) hours. 7. TURF PRESERVATION GUIDELINES User cooperation is needed to preserve the turf on the field. Please abide by the following guidelines: A. Field use, especially sports practice, should be conducted in a manner so that play takes place on different sections of turf, thus reducing excessive turf wear and damage to any one area. Rotate use of areas (i.e., use middle of turf area for drills one day and sides of the field the following day) and, when possible, stay off of the fringe or bare areas to limit erosion and further damage. B. Replace turf divots at the end of each day to help re -root the grass. C. Remove all equipment from the field at the conclusion of use each day. D. Water - soluble paint and chalk are the only approved methods of applying lines to the field. E. Report field hazards to Tiburon Public Works at 415- 435 -7399 during Town working hours or to Tiburon Police Dispatch at 415 -789 -2800 during other hours. F. No tarps or material, which may damage the grass, may be placed on the Green. Any turf coverings used must be made of a breathable material. - 0001-1111M A refundable deposit of $100 is required for all non - recurring field use reservations. Recurring POST - Recommended Draft 4/30/2014 Town or Tiburon Public Works 11505 Tiburon Blvd.., Tiburon, CA 94920 415.435.7373 1 wvn .townofliburon.org. 0 MCKEGNEY GREEN FIELD USE POLICY users are required to provide a $1,000 refundable security deposit. The Town may retain all or part of a security deposit, and /or assess additional fees, for the following reasons, without limitation: • Damage to the field • Misuse of the field • Inadequate clean-up by the permit holder, requiring additional custodial/staff time following permit holder's use • Violation of field use rules If the additional fees due exceed the amount of the security deposit, the permit holder will be billed for the balance due. Payment will be due within thirty (30) days of the date of invoice. Unpaid fees will make the user group ineligible to apply for field use until the unpaid amount is settled in full. 9. INSURANCE AND LIABILITY REQUIREMENTS As a pre- condition of Field Use Permit issuance, the applicant shall provide to the satisfaction of the Town Attorney, the following: A. Evidence of general liability insurance in the amount of $1,000,000 per claim and $2,250,000 aggregate. B. Endorsements to that policy naming the Town and its officials, employees, and agents as an additional insured, with primary and non - contributory coverage. C. In addition, the policy shall contain a guarantee of at least thirty (30) days prior notice of a change to or cancellation of the policy. D. A signed agreement or clause agreeing to indemnify and hold the Town of Tiburon, its officers, agents, employees, and volunteers, harmless from any claims, liabilities, losses or expenses arising from use of McKegney Green. E. A statement acknowledging that the permit holder is not entitled to use the field until the Town Attorney has approved their evidence of insurance and that the Town disclaims responsibility for any accident, injury, liability, loss, or damage to persons or property as a result of unauthorized use of the field use of McKegney Green. 10. REFUNDS (a) Non - recurring users: For permitted events cancelled by the permit - holder twenty -one (21) calendar days or more in advance, a one hundred percent (100 %) refund will be issued. For permitted events cancelled by the permit- holder less than twenty -one (21) calendar days in advance, no refund will be issued. POST- Recommended Draft 4/30/2014 Tom of Tiburon Public Works 11505 Tiburon Blvd, Tiburon, CA 94920 415.435.7373 1 www.townoftiburon.org 7 MCKEGNEY GREEN FIELD USE POLICY Cancellations must be made in writing and submitted to and received by the Public Works Department in order to be entitled to receive a refund. If there is rain on the date of a non- recurring use reservation such that the event cannot be held, another date will be made available or a full refund for the rained -out date will be made available. (b) Recurring users: Recurring users are not entitled to rescheduling privileges or refunds for cancelled events, rain -outs, or reserved use times that were not used. Consideration may be given by the Superintendent of Public Works for unusually lengthy periods of rain delay or other factors beyond the control of the recurring user that result in the inability to use the field during otherwise reserved times for that recurring user. 11. SAFETY - RELATED CLOSURES /TOWN PRIORITY The Town makes every effort to accommodate permit holders. However, the health and safety of users and the condition and playability of the field take precedence. As a result, the Town may close the Green and/or limit portions of the Green available for use at any time in its reasonable discretion. The Town of Tiburon reserves the right to suspend or cancel any reservations (permits) for field use or to temporarily close the field for any of the following reasons: • Conflicts with a Town- sponsored or co- sponsored program, activity, or event • Maintenance issues ■ Over -use of the field ■ Unsafe conditions The Town also reserves the right to preempt a reservation for a Town - sponsored or co- sponsored event. In the instances described above, reasonable attempts will be made to provide advance notice and to reschedule field use for permit holders. 12. SUSPENSION OF PERMIT /VIOLATIONS A. The Town Manager, Public Works Director, Superintendent of Public Works, and the Chief of Police (and their respective designees) shall have the authority to suspend a field use permit, and may suspend any permit if the permit holder has done any of the following: 1. Violated any provision or requirement of approval imposed on the permit 2. Violated any provisions of the law 3. With the actual conduct of the activity, threatened the preservation of the public health, safety or POST - Recommended Draft 4/30/2014 Trnvn or Tiburon Public Works 11505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 1 www.townof iburon.org _ 7 T' 11: r MCKEGNEY GREEN FIELD USE POLICY general welfare or unreasonably interfered with the use and enjoyment of other property in the vicinity of the activity. B. Misuse of the field or the failure to comply with permit conditions, established rules and regulations, or any Federal, State, or local law shall be sufficient grounds for the immediate revocation of the permit and/or denial of any future applications. No refund will be granted. Field Improvements The Town of Tiburon encourages partnerships and volunteerism to improve field quality and maintenance. However, in the absence of a written agreement, donations and/or contributions of time do not give any organization priority. Groups wishing to alter the field or ancillary areas must submit all improvement or alteration requests in advance to the Tiburon Public Works Department and receive written approval. Interpretation of Policy The Town Manager or his/her designee will make interpretations of the meaning of this Policy, and may override the Policy if he /she determines doing so is in the best interests of the Town. The Town Manager's interpretation shall be final. POST - Recommended Draft 4/30/2014 Town of Tiburon Public Works 11505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 1 M'k w.townofliburon.org 9 To: TOWN OF TIBURON Parks, Open Space &r Trails 1505 Tiburon Boulevard Commission Meeting Tiburon, CA 94920 September 17, 2013 Agenda Item: 1 17: Members of the Parks, Open Space & Trails Commission From: Community Development Department Public Works Department Subject: McKegney Green Use and Management Policy: Receive Presentation and Consider Report and Recommendations from Consultant Regarding Adoption of a Permanent Policy for the Use and Management of McKegney Green; Consider Recommendation to the Town Council if Appropriate BACKGROUND McKegney Green is the only large grass- covered playing field owned and controlled by the Town of Tiburon. The Green was installed by Tiburon in the early 1970's on a shoe - string budget and was neither designed nor built to athletic field standards. It is frequently used by the public on a casual, first come -first served basis for exercise, picnicking, kite -flying and other kinds of passive recreation. In terms of organized events, the field has been used regularly for over 20 years by the Tiburon Peninsula Soccer League (TPSL), with occasional use by peninsula schools for athletic events. In 2012, the Southern Marin Lacrosse Club (SML) also requested use of the field for practices, spurring the preparation of an "interim" McKegney Green Use Policy for the 2013 sports season that allocated times to the TPSL, SLM and St. Hilary School. That interim policy (Exhibit 1) was adopted by POST at its March 19, 2013 meeting. However, it became clear that the Town needed a formalized policy capable of prioritizing competing uses and making accormnodation for long -term capital improvements to the Green, in addition to ongoing regular maintenance. For purposes of developing a long -term use and management policy for McKegney Green, the Town retained The Sports Management Group (TSMG), a Berkeley -based sports and recreation planning consultant, in February 2013. TSMG completed its study in August 2013 and its McKegney Green Field Use Policy— Report and Recommendations, hereinafter "Report ", was released for public review later that month. The Report is attached as Exhibit 2. TSMG will make a presentation of its Report at the meeting. It is important to note that the Report and its recommendations represent the good faith efforts of an independent and impartial consulting firm to develop a sustainable policy for McKegney Green, based largely on the firm's extensive experience with other communities. Local conditions or circumstances may dictate a somewhat different approach than that taken by most communities and agencies. Recommending an appropriate community balance for a policy of TOWN OF TIBURON PAGE 1 OF 4 EXHIBIT Co Parks, Open Space & Trails Commission Meeting September 17, 2013 this nature is the role for the POST Commission, with the final decision being made by the Town Council. In preparing the Report, TSMG interviewed key stakeholders, conducted research, and compiled available data to develop a comprehensive program for the field's use, long term maintenance, fee schedule, and scheduling and prioritization for users. The research identified field use rates charged by other municipalities and school districts in the area. The Report includes an analysis section, a draft policy, a draft Permit Request Form (application form), and an Appendix containing the terms of a Temporary Agreement for recurring athletic field use of the Green, such as soccer or lacrosse leagues. Key findings and recommendations of the TSMG Report include: • The Town has a long - standing and successful relationship with the Tiburon Peninsula Soccer League, the primary organized user of the McKegney Green over the years. However, the Town currently lacks a comprehensive policy for use and management of the Green and recent interest by other potential users demonstrates the need for a policy such as the one now under consideration. • The annual cost to maintain McKegney Green is approximately $60,000 to $70,000 at current levels of use and activity; not including long -term capital improvement funding for renovation, increased maintenance needs from expanded use, or increased administrative oversight needs if a formal policy is adopted. • Nearby municipalities and school districts charge substantial hourly /daily rates for field use, utilizing a fee schedule for which the Town of Tiburon currently has no equivalent. Tiburon has historically undercharged for field use compared to other municipalities and districts. Hourly rates charged by others range from $30 to $110 per hour. The Report recommends a fully- loaded hourly rate of $58/hour for McKegney Green use, with an assumedl0% discount for bulk- users, resulting in a $52.20 hourly rate. • No strategy or mechanism currently exists for funding or programming of the long -term maintenance and improvement of McKegney Green. The Report recommends a 30% surcharge (already built into the proposed hourly rate) for such long -range upgrades or renovations. • Priorities for reserved group use of McKegney Green should be established, with Town - sponsored events having first priority, and non - profit youth organizations receiving second or third priority based on percentage of participant residency in ZIP code 94920. • The Green should continue to remain closed to rental group use from Thanksgiving to mid -March each year to allow for field recovery and maintenance. • Uses that should not be permitted by reservation include a) commercial, for - profit, and /or enterprise use; b) adult sports teams; c) private events; and d) simultaneous mixed uses or sports on the Green. Unless reserved in advance, the Green would remain open for first- come -first serve public recreational use. TOWN OF TIBURON PAGE 2 OF 4 Parks, Open Space &Trails Commission MQuing September 17, 2013 ISSUES Proposed hourly rate and options. The Report derives an hourly rate from the routine maintenance and administrative cost information available, estimation of the percentage contribution of maintenance associated with bulk -rate users (50 %), and the addition of a 30% surcharge toward a McKegney Green Capital Reserve account for longer -term upgrades and improvements. This hourly rate would potentially constitute a sizeable increase (perhaps doubling or tripling) of the fees paid by the TPSL over the years, which has averaged $7,820 per year over the past five years, according to the Report. A 10% discount for bulk rate users is assumed in the Report, although there is no "magic' to a 10 % bulk user discount rate, and the figure could be adjusted as deemed appropriate prior to adoption of the policy. Eligibility, Priority & Residency Requirements for bulk (reserved) users. The Report recommends residency as the primary criterion for "reserved" time on the Green, and sets forth the three priority groups as follows: Town- sponsored or co- sponsored events have top priority; with next priority being non -profit youth organizations with a minimum of 75% of participants on the field residing in the 94920 ZIP code; and last priority for non - profit youth organizations with 50% to 74% of participants on the field residing in the 94920 ZIP code. The consultants conclude that limiting McKegney Green use to residents is justifiable given that it is the only Town field available. Capital Reserve Fund. The Report proposes a 30% surcharge as part of the hourly rate in order to fund future upgrades to McKegney Green. The funds would be placed in a restricted reserve account limited to McKegney Green improvements. The intent of the surcharge is for field rental users to supplement the investment of the Tiburon taxpayers who otherwise provide for 50% of the costs to operate the field. Presumably, the informal contributions by TPSL toward upgrades (such as the $5;000 water filter purchased in 2012) would no longer be made, as the Capital Reserve Fund would replace this practice. StaffAdmialstration. Increased demands on Town staff would occur in order to administer the policy. Currently, staff does not actively or formally manage the use of McKegney Green, so the enforcement of a policy similar to that proposed would represent an undefined and potentially unsustainable draw on existing resources absent augmentation. Potential Impacts on Surrounding Areas. The McKegney Green Use policy is primarily intended to create an administrative process for field management and is not anticipated to create adverse impacts on surrounding neighborhood areas. All bulk users would be required to implement the same sorts of informational and neighborhood courtesy programs that are conducted by the TPSL at the current time. Hours of use for reserved activities are recommended to be limited to Monday through Friday 8 AM to dusk, and week -ends and holidays from 9 AM to dusk. According to the Superintendent of Public Works, these hours would be consistent with historic practices. The Town would monitor field use request patterns and be responsive to any neighborhood concerns arising from use of McKegney Green. TOWN OF TIBURON PAGE 3 . OF 4 Parks, Open Spacr \ Traile Commission Mecting Scptcmbcr 17, 201i RECOMMENDATION Staff recommends that the Commission: 1. Receive a presentation of the Report from The Sports Management Group. 2. Hear any comments from interested persons. 3. Accept receipt of the Report. 4. Discuss and consider the Report and draft policy. 5, If appropriate, consider making a recommendation to the Town Council regarding a McKegney Green Field Use Policy. 6. Alternatively, if the Commission believes further review is required, it may choose to continue the item and refer the matter to the Commission's ad -hoc McKegney Green subcommittee for review, report, and recommendations at the next POST meeting on November 19th. EXHIBITS Exhibit 1: McKegney Green Interim Use Policy dated March 2013 Exhibit 2: McKegney Green Field Use Policy - -- Report and Recommendations, prepared by The Sports Management Group, August 8, 2013 (previously distributed to POST) Prepared by: Scott Anderson, Director of Community Development Nicholas Nguyen, Director of Public Works /Town Engineer S: IPl anninglPOS7LStafjRepor1s12o131Seplemb erlMckegney Green Use Policy mporl.doc TOWN OF TIBURON PAGE 4 OF 4 Town of Tiburon - McKegney Green Interim Use Policy For 2013 - FINAL Organized activities are not permitted at McKegney Green except as follows: 1. TPSL currently has a proposed 2013 calendar that goes from March to November, consisting of practices and games. Southern Marin Lacrosse (SML) proposes some use of the field from February to Memorial Day (May 27). . 3. St. Hilary School (SHS) proposes use once per week from late March to late April, equating to approximately 4 visits total. 4. The subcommittee's interim use proposal for McKegney Green is as follows: a. TPSL is granted field-use on Tuesday, Thursday and Friday from 3:30 PM to 5 PM. b. TPSL is granted field use on Monday from 3:30 PM to the later of dark or 7 PM. c. TPSL is granted field use on one of the weekend days. The specific days and times are to be determined later. d. TPSL will continue to have field use past Memorial Day. e. TPSL will pay for its use of the field an amount equal to the amount of the Town's accrued annual expenses for McKegney Green (as determined in good faith by Tiburon Public Works) reduced by the amount paid by SML and SHS. f. SML is&ranted field use on Tuesday, Thursday and Friday from March 15th to May 27 from 5:15 PM to the later of dark or 7 PM. g. SML will limit their players to girls, U9 and Ul l boys only. All safety netting will be erected and removed on the same day with the allowance of up to 4 goal nets and safety nets broken down and tightly contained for storage at the field. h. SML will pay for the use of the field at an initial rate of $60 per hour. i. SHS is granted field use on Wednesday from 3:30 PM to the later of dark or 7 PM. Times may be adjusted by SHS. j. SHS will pay for the use of the field at an initial rate of $60 per hour. k. If SHS shares the field with TPSL on Wednesdays, the hourly rate will be $40 instead. 1. Insurance naming the Town as additional insured is mandatory by all user organizations. m. The Public Works Director or his designee will be the single point of contact for cancellation, safety review, and scheduling. The Public Works Director or his designee may cancel any event due to weather or other safety concerns and no refund shall be due. n. $750 Initial deposit for use and to comply with rules shall be due and forfeiture of deposit when rules are not adhered to. o. Parking and other procedural rules to be established by Tiburon Public Works and agreed upon prior to entering into any arrangement. EIIsIBIT NO.� 1/2 p. Letter agreement and all documentation between parties and the Town must be executed before use is permitted. q. All agreements are for the 2013 calendar year only with new policy and terms expected in calendar year 2014. 2/2 BUSINESS ITEMS I. McKegney Green Use and Management Policy. • Director Anderson presented the staff report. • Lauren Livingston of The Sports Management Group presented their report. • Commissioner McDermott questioned the assumptions used to come up with costs and fees. • Vicki Sodaro of Tiburon and TPSL claimed the proposed fee increase would be a significant hardship. • Their business model is not based on front - loaded fees. • They prefer not to be labeled as a "bulk user." • Dave McCarthy of Belvedere and SMLC representative indicated that their players are mostly from Mill Valley and Tiburon. • He would like to able to introduce youth -13 girl to the field since they're currently limited to 9/10 year old girls. • He appreciated the CIP surcharge and is accepting of the proposed hourly fee. • He wants to work in concert with TPSL, and would prefer that the sport season govern the field use. • Mark Minturn, the President of TPSL, emphasized their historical stewardship of the field. • He indicated that 75% of their players are from Tiburon, and that the proposed fee increase is significant and must be passed on to the customers. • Wendy McCarthy came to the podium and indicated lacrosse is growing but currently not large enough to support Tiburon -only players. • Commissioner Feldman suggested that fees, town subsidy and play seasons should be reviewed, and that a subcommittee be formed to study it further. • Chairman Winkler would like to consider other commercial use to offset the field costs. • He further added that the cost model should consider a baseline service that is provided by the Town, and then what items should be passed on to the public. • The Commission voted 4 -0 to establish a subcommittee and further study the matter. • The subcommittee consisted of Commissioners Feldman and McMullen. �mrj I Own There being no further business, the meeting was adjourned at 7:00 P.M. /s/ Peter Winkler PETER WINKLER, CHAIR Parks, Open Space & Trails Commission ATTEST: SCOTT ANDERSON, SECRETARY (ACTING) Tiburon Parks, Open Space & Trails Commission Minutes September 17, 2013 Page 2 EXHIBIT D To: TOWN OF TIBURON Parks, Open Space &r Trails 1505 Tiburon Boulevard Commission Meeting Tiburon, CA 94920 November 19, 2013 Agenda Item: 2 I]: Members of the Parks, Open Space & Trails Commission From: Community Development Department Public Works Department Subject: McKegney Green Use and Management Policy: Receive Recommendation from the Ad -Hoc Subcommittee and Consider Forwarding Recommendations to the Town Council (Continued from September 17, 2013) I1T.Ci] KeT;T11IR1111 At its meeting on September 17, 2013, the Commission received a presentation of the McKegney Green Policy report from consultant The Sports Management Group (TSMG) and took public comment on the item. At the conclusion of the item, the Commission referred the matter to its existing ad -hoc committee for further review, with direction to return at the next regular meeting with its recommendations to the full Commission. Subsequent to the September 17th meeting, the ad -hoc committee (Commissioners McMullen and McDermott) has met four times, including separate meetings with representatives of the Tiburon Peninsula Soccer League and representatives of the Southern Marin Lacrosse League. The committee has produced a revised and refined draft of the McKegney Green Use and Management Policy, dated November 14, 2013, attached as Exhibit 1. The committee members will make a brief verbal report of their recommendations at the meeting, supplementing this written report. AD -HOC COMMITTEE RECOMMENDATIONS Draft McKegney Green Use Policy The revised draft policy incorporates many but not all of the basic recommendations of the TSMG report, but the policy has been extensively reordered and revised. The Committee endorses and recommends the following: 1. The required issuance of a Field Use Permit for all exclusive (reserved) use of the Green. 2. McKegney Green would be closed from approximately November 30s' to March 15 for turf recovery purposes. 3. An hourly rate charge established for all "reserved" use, based on cost recovery proportional to the estimated maintenance costs associated with sports leagues and other "reserved" use of the Green. The proposed hourly rate is $60. The hourly rate would be TOWN OF TIBURON PAGE 1 OF 3 E27_I IIB I Park,, Open Space &- Trails Commission Mecring Noxemher 19. 2013 phased in over a period of three years for the sole long -time recurring user (Tiburon Peninsula Soccer League) in recognition of its contributions and stewardship of the Green over the past 20 years. The first year a 33% hourly rate discount would be applied; the second year a 17% hourly rate discount would be applied. The third year and successive years would not contain a discounted hourly rate. 4. Twenty -five percent (25 %) of the hourly rate fees collected by the Town would be set aside in a restricted capital improvement fund for the exclusive physical upgrading of the Green, in accordance with a capital improvement plan to be developed and adopted in the near future by the Town. 5. A once - annual application filing and field -time allocation process for recurring uses (typically local non - profit youth sports leagues), typically in November. 6. Priority of assignment of reserved use would be based on four (4) classification groups (see p. 2 of policy). Town- sponsored events have first priority; youth sports leagues with 75% or more resident participation on the field are second priority; Tiburon peninsula school - related events are third priority, and youth sports leagues with 50% to 75% resident participation on the field are fourth priority. Conflicting field use requests of equal priority would be decided by the Town Manager (or designee); sport in season to be the initial tie - breaker. 7. Uses that are not permitted include commercial (including vendor) use, for -profit and/or enterprise use; private events; adult sports team use; and simultaneous mixed sports use. 8. General Rules and Field Use Permit Rules and Regulations are established. 9. "Wet field" and "turf preservation' ' rules and guidelines are established. 10. Standard Town - required general liability insurance and indemnification provisions. 11. Cancellation, violation and permit suspension provisions. 12. Security deposits would be required. Other Related Items The ad -hoc committee also recommends: a. Continue an Interim McKegney Green Use Policy into 2014 until the new policy is adopted by the Town Council and is implemented; staff to work out an interim policy with youth sports leagues for the 2014 season. The Interim Policy adopted for the 2013 sports season is attached as Exhibit 2. b. Develop and adopt a Capital Improvement Plan for McKegney Green within one year of final policy implementation. c. Review Hourly Rate and Policy after 12 months; adjust as necessary. d. Post any adopted McKegney Green Use Schedule on the Town's website for easy access. TOWN OF TIBURON PAGE 2 OF 3 Park,, Open Space & Trails Crnnnnission \leering \ovcmhcr 19, 201") 1A4:111WWI lMIM139DT- 9111Ks)DoMi11*1 The level of administrative effort that will be necessary to oversee and implement the McKegney Green Use Policy remains unknown. It is not clear at this time whether existing Public Works or other Town staff will be able to incorporate management of the policy into existing work schedules with existing resources. The recommended evaluation after 12 months of operation under the policy will afford an opportunity to gauge the effort and resources required. E1 IF:1y019D10117uh31910)Y:11Y[130 Staff recommends that the Commission: 1. Receive the report and recommendation of its ad -hoc committee. 2. Hear any comments from interested persons and close the public comment portion of the meeting. 3. Deliberate and, if appropriate, make a recommendation to the Town Council regarding a McKegney Green Field Use Policy. 4. Direct Town Staff to develop and implement an interim policy for the 2014 sports season until such time as a permanent policy is adopted by the Town Council and put into place. EXHIBITS Exhibit 1: Draft Revised Policy (dated 11/14/2013) as recommended by the ad -hoc committee. Exhibit 2: Interim policy used for the 2013 sports season. Prepared by: Scott Anderson, Director of Community Development S:lPlarminglPOS"r Staf (Reports12013Wowmber6Wckegney Green Use Policy report 11- 2013.dm TOWN OF TIBURON PAGE 3 OF 3 --> 2. McKegney Green Use and Management Policy. • Director Anderson presented the staff report. • Vicky Sodaro, Tiburon Peninsula Soccer League (TPSL) official, stated that McKegney Green is not a $60 per hour field because its amenities are not like other fields; painted lines, better quality field condition, equipment, close restrooms, etc. She noted that parents pay property taxes to support the Town's parks and they feel as if this is "another tax ". She distributed calculations showing how much costs would rise for TPSL if the $60 rate were adopted. She said the soccer board had met and were disappointed because the increased costs would make it difficult to retain membership levels. She noted that the bill for all of last year was only $6,800. The new rates would be a huge amount to absorb. She would like to see a capital improvement plan adopted for the Green, and believes the Green is in worse shape than it has ever been, even though it has been a dry year. • Mark Mintum, TPSL President, acknowledged the competition for field space within Marin County. He did not feel that young kids should have to leave the community to find soccer fields to practice or play on. He said with 700 members, the league's cost per child would rise by at least $50 with the new rates. He questioned how the field maintenance costs used in the developing the draft policy were derived. He would like to better understand them and see if they can be justified. • Greg Bohannon, Southern Marin Lacrosse, questioned why the policy prohibited simultaneous mixed sports use of the field, and thought it could be easily accomplished given the large size of the Green. • Commissioner McMullen expressed support for the draft policy and emphasized that the hourly cost is a best estimate at this point and future cost accounting must be implemented to better assess future costs. The TSMG report showed that the cost of maintaining the field is far more than has been collected in past years. He sympathized with the TPSL, but said that $50 /year to stay in town is a deal versus carpooling or driving out of town. He noted that Town staff would keep more detailed records of costs and review after one year. He said that the capital improvement plan (CIP) called for in the policy should be established with the help of the public and Commission within a year of the policy implementation. • Commissioner McDermott found the policy reasonable and explained how the hourly rate was estimated and established. He understands that the costs are a concern for TPSL but that the rate may change in the future via more detailed cost tracking, including administrative costs. He believed the CIP would establish a wish list for improvements to the field, with input from users. He supported the draft policy. • Commissioner McMullen echoed the concern about the policy banning simultaneous mixed sports use. TPSL representative Stibich indicated that TPSL prefers exclusive (not shared) use for safety reasons, and that most field holders don't allow simultaneous mixed uses. McMullen suggested allowing the permit form to specify if exclusive use is requested by the user. Consensus of the Commission was to leave the policy "as is" with respect to simultaneous uses. • Commissioner Allen noted that McKegney is not the same quality as most sports fields used by the leagues. Tiburon Parks, Open Space & Trails Commission Minutes November 19, 2013 Page 2 EXHIBY -P The Commission extensively discussed field maintenance costs and hourly rates, including alternative approaches to calculating and apportioning costs. Chairman Winkler suggested an "incremental cost" approach. It was the consensus of the Commission that additional data regarding costs to maintain and administer the field should be collected by Public Works for use in establishing a reasonable hourly rate for use in implementation of the policy. It was moved by Allen and seconded by McMullen to: 1) Refer the matter to its ad -hoc McKegney Green subcommittee for further study of costs and the pricing model before returning to the full Commission; and 2) Direct that staff and the ad -hoc subcommittee work with the field users to renegotiate for 2014 an interim policy based on the adopted 2013 interim policy, with possible modifications to Section 4 as appropriate. Motion carried 4 -0. ADJOURNMENT There being no further business, the meeting was adjourned at 8:00 P.M. /s/ Peter Winkler PETER WINKLER CHAIR Parks, Open Space & Trails Commission ATTEST: SCOTT ANDERSON, ACTING SECRETARY Tiburon Parks, Open Space & Trails Commission Minutes November 19, 2013 Page 3 TOWN OF TIBURON Parks, Open Space & Trails 1505 Tiburon Boulevard Commission Tiburon, CA 94920 Special Meeting April 30, 2014 Agenda Item: 2 To: Members of the Parks, Open Space & Trails Commission From: Community Development Department Subject: McKegney Green Use and Management Policy: Receive Recommendation from the Ad -Hoc Subcommittee and Consider Forwarding Recommendations to the Town Council (Continued from November 19, 2013) BACKGROUND Due to the cancellation of the April 15, 2014 POST meeting, this item was automatically carried over to the April 30`h meeting agenda. The staff report from the April 15`h meeting is unchanged and is attached as Exhibit A. STAFF RECOMMENDATION Staff recommends that the Commission: 1. Receive the report and recommendation of its ad -hoc committee. 2. Hear any comments from interested persons and close the public comment portion of the meeting. Deliberate and, if appropriate, make a recommendation to the Town Council regarding a McKegney Green Field Use Policy. EXHIBITS Exhibit A: Staff Report from April 15, 2014 meeting. Prepared by: Scott Anderson, Director of Community Development TOWN OF TIBURON PAGE 1 OF 1 rT. Gk TOWN OF TIBURON Parks, Open Space & Trails 1505 Tiburon Boulevard Commission Tiburon, CA 94920 Special Meeting April 15, 2014 Agenda Item: 2 To: Members of the Parks, Open Space & Trails Commission From: Community Development Departmentt Subject: McKegney Green Use and Management Policy: Receive Recommendation from the Ad -Hoc Subcommittee and Consider Forwarding Recommendations to the Town Council (Continued from November 19, 2013) BACKGROUND At its meeting on November 19, 2013, the Commission reviewed and discussed a revised draft McKegney Green Field Use Policy. Discussion primarily focused on an appropriate fee system given the lack of data and uncertainties in the actual Town costs to maintain the Green (separate from other Town park facilities). At the conclusion of the item, the Commission referred the matter to its ad -hoc McKegney Green committee for further review, with direction to return at a future meeting with its recommendations to the full Commission. Subsequent to the November 19th meeting, the ad -hoc committee met with staff to discuss options available regarding user fees given information available at this time and the need to adopt a policy by this summer to allow appropriate planning time for sports leagues. AD -HOC COMMITTEE RECOMMENDATIONS The committee and staff have made minor revisions to the text of the document and produced a revised McKegney Green Field Use Policy, dated March 30, 2014, attached as Exhibit 1. Committee member McMullen will make a brief verbal report of the committee recommendations at the meeting, supplementing this written report. The revised draft policy incorporates a small number of changes, most of which are minor clarifications. The solitary revision of substance is the proposed hourly rate fee reduction from $60/hour to $35/hour for recurring (bulk -rate) users, and $40/hour for non - recurring users. Staff found that there was insufficient data available at this time to arrive at hourly rates based on actual costs to the Town. While such data is currently being collected, it will likely be another year before reliable cost figures can be ascertained through this process. During the interim, staff believed it prudent to recommend adoption of fees near the lower end charged by neighboring TOWN OF TIBURON PAGE 1OF2 AT /� E�'FT L ( J\T3. Parks, Open Space &i Trails Commission Meeting April 15, 2014 communities, which range from $35/hour in Mill Valley to $95/hour in Corte Madera, with most rates falling somewhere in between. The Committee and staff believe that it is more important to have the policy and process in place than to have precisely quantified recovery costs at this time. The proposed rates will represent an increase over what the Town currently collects from field users in terms of revenue. STAFFING AND RESOURCE ISSUES The level of administrative effort that will be necessary to oversee and implement the McKegney Green Use Policy remains unknown. It is not clear at this time whether existing Public Works or other Town staff will be able to incorporate management of the policy into existing work schedules with existing resources. The recommended review and evaluation of the Policy at the end of summer in 2015, as set forth in the Policy, will afford an opportunity to gauge the effort and resources required as well as the success of the Policy and its ease of implementation. This period of time will also allow for more accurate assessment of true costs to the Town of maintaining the Green and for development and adoption of a capital improvement program for the Green. Periodic reviews would occur thereafter as warranted. STAFF RECOMMENDATION Staff recommends that the Commission: 1. Receive the report and recommendation of its ad -hoc committee. 2. Hear any comments from interested persons and close the public comment portion of the meeting. 3. Deliberate and, if appropriate, make a recommendation to the Town Council regarding,a McKegney Green Field Use Policy. [*(""o Exhibit 1: Draft Revised Policy (dated 3/30/2014) as recommended by the ad -hoc committee. Prepared by: Scott Anderson, Director of Community Development TOWN OF TIBURON PAGE 2 OF 2 MCKEGNEY GREEN FIELD LS[ POLICY Introduction The Town of Tiburon is dedicated to nurturing healthy lifestyles, preserving neighborhood quality of life, and protecting the Town's park resources. The Town acknowledges that sports and recreation are a fundamental component of a healthy lifestyle. The Town recognizes that McKegney Green is the only Town - controlled field capable of being used for athletic purposes and is also highly desired by local residents for casual recreational enjoyment. This policy is established to ensure that the McKegney Green is utilized for community, recreational and athletic functions that serve the needs of the Peninsula, to set clear policies, procedures, regulations, and to establish a rental fee system for permitted exclusive use of the Green. The policy ensures that permitted users are informed of the Town's rules and regulations that govern use of the Green and that such exclusive use must be balanced with the demand for general public recreational use of the Green. Purpose of the Policy The purpose of the McKegney Green Field Use Policy is to: • Ensure that use of McKegney Green is balanced between community, recreational, and athletic functions that serve the needs of the Tiburon peninsula. ■ Establish rules, regulations, policies and procedures governing the use of McKegney Green • Ensure Tiburon peninsula residents have priority access to a facility supported by their tax dollars ■ Collect reasonable fees for the reserved use of McKegney Green in support of its ongoing maintenance and long -term improvement ■ Ensure that decisions regarding the use of the McKegney Green take into account the interests of the surrounding neighborhoods and residents • Limit organized sports use of McKegney Green to appropriate youth sports only ■ Maintain the safety of the field conditions and preserve the quality of the Green as a Town resource Non - Permitted Uses of McKegney Green Commercial, for - profit, and/or enterprise uses; commercial vendors; private events; adult sports teams; and simultaneous mixed sports uses are not allowed. Draft 3/30/2014 Town of Tiburon Public Works 1 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 1 www.townoftiburon.crg EXHIBIT NO. k [ ;-c �L V' 'Y �W �� i.!'� �..✓' __ �_j _mil MCKEGNEY GREEN FIELD USE POLICY Non- Exclusive Public Recreational Use Non - exclusive casual recreational use of McKegney Green by the public is allowed on a first -come, first -served basis during open hours when use of the field is not reserved by a Field Use Permit. Typical uses of this nature include sunbathing, picnicking, kite- flying, casual Frisbee - throwing, dog - walking (on -leash only), and similar uses. No fee or permit is required for such use. General Rules for McKegney Green Use Users of McKegney Green shall abide by the following General Rules: (a) All exclusive (reserved) use of the Green must secure a Field Use Permit in advance. (b) No person shall use McKegney Green when it is posted "Field Closed ". (c) Applicable Tiburon Municipal Code provisions shall be obeyed. (d) No unauthorized vehicles shall enter the field area or drive on the grass or paved walkways. (e) Prohibitions on McKegney Green: (1) No alcohol or tobacco products are allowed. (2) No gambling or narcotics are allowed. (3) No portable barbeques, open fires, or fireworks are allowed. (4) No glass containers are allowed. (5) No golf o rugby isare allowed; golf is limited to classes offered by Belvedere - Tiburon Recreation (The Ranch) that use whiffle-type golf balls. (6) No commercial vendors are allowed. Outside companies or individuals may not be used as concessionaires or vendors by user groups. User groups, with permission of the Town, may sell food and drink at cost. (7) No tents or canopies over 10 feet in height or over 100 square feet in area are allowed. Anchoring must not penetrate the ground surface. (8) No signs are allowed. Temporary banners are permitted during events provided: a. Banners must pertain to the event being held. b. No inappropriate messages may be displayed on the banners. (9) No amplified sound is allowed. Field Use Permit Required Field Use Permits are required for reservation (exclusive use) of McKegney Green. Field Use Permits are subject to fee and security deposit requirements, and are typically associated with organized youth sports activities such as soccer and lacrosse, Tiburon peninsula school use, and Town- sponsored or co- sponsored events. Permitted use of the Green more than three (3) times per year by any user Draft 3/30/2014 Town of Tiburon Public Works 11505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 1 wwwaownoBiburon.org 2 Y Town ®f Tiburon MCKEGNEY GREEN FIELD USE POLICY group qualifies that group as a "recurring user ". The Green is generally closed from approximately November 30`h to March 15`h for turf recovery purposes. 1. RECURRING USE FIELD REQUEST PERMITTING McKegney Green requests for recurring organized youth sports use are considered once per year for the following year. Field space is awarded on a priority basis in approximately November of each year for the following calendar year. To apply for a McKegney Field Use Permit, an applicant must submit a field request form with the Tiburon Public Works Department at Town Hall. Field request forms may be found online at www.townoftiburon.org. Requests for recurring field use are accepted beginning November 1 each year for the following March 15 through November 30 time period. Town responses to requests for field allocations will be provided by approximately November 30th. 2. NON - RECURRING USE FIELD REQUEST PERMITTING A field use reservation request for a non - recurring use (less than four times per year) must be made no fewer than ten (10) calendar days prior to the desired date(s) of use and prior to a permit being issued. Proof of insurance must be submitted prior to permit issuance. A deposit is due at the time of request submittal. 3. FIELD PRIORITY FOR RESERVED (EXCLUSIVE) USE Reserved use will be allocated based on the following priority system: Group 1: Town- sponsored or co- sponsored events have fast priority. Group 2: Belvedere- Tiburon Recreation (The Ranch) programs and nNon -profit youth sports organizations with more than 75% 94920 zip code participant residency on the field, have second priority. Group 3: Peninsula school - related events have third priority. Group 4: Non - profit youth sports organizations with 50% to 75% 94920 zip code participant residency on the field have fourth priority. The Town Manager or his/her designee shall exercise sound judgment in determining the field use allocation for two or more equal priority groups requesting conflicting or overlapping times of use. The first tiebreaker for sports - related uses shall be "sport in season ". As used in this policy, the following terms have the meanings as set forth below: Non Profit Eligibility. To qualify for a field use reservation, organizations must provide a copy of their letter of non - profit status with their ID number. Payment with an organization's check is required. Draft 3/30/2014 Town of Tiburon Public Works 11505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 1 % w .townoftiburon.org 3 MCKEGNEY GREEN FIELD USE POLICY Residency: A resident is a person residing within Zip Code 94920. In the case of youth sports organizations and Tiburon peninsula school - related uses, a youth's attendance at the Reed Union School District or St. Hilary's School shall qualify for residency. Residency verification shall be provided by a master league roster, team roster, or other means acceptable to the Town. Such roster shall be complete with player's first and last names, address, phone number, and peninsula school affiliation if not residing in the 94920 ZIP code. Rosters must be made available upon request by the Town. Any organization found to be willfully misrepresenting its residency status may have its permit revoked and fees forfeited for the season, and may be assigned last priority for field use scheduling for the immediately following season. Adult An adult is defined as a person 18 years of age or older. MICI M The standard field rental fees are as follows: $35 per hour for recurring users, and $40 per hour for non- recurring users. These rates aze ° e� �o :ro<R subject to review and adiustment by August 31, 2015. and subject to periodic review and adjustment thereafter. Hourly rate fees are due and payable prior to the issuance of a Field Use Permit. For recurring use youth sports organizations, the Town may determine to collect the fee prior to each sports season, quarterly, or through other schedule by mutual agreement. Failure to pay the fee in a timely manner may result in the default of the permit and loss of reserved field time. Twenty-five percent (25 %) of the hourly rate rental fees collected shall be set aside in a restricted fund for capital improvements to McKegney Green, in accordance with a capital improvement plan adopted by the Town. The intent is for field rental users to supplement the investment of Tiburon taxpayers toward major improvements to the Green. 5. FIELD USE PERMIT STANDARD RULES AND REGULATIONS Permit holders must comply with the following Rules and Regulations, in addition to any special conditions that may reasonably be imposed upon the issuance of a Field Use Permit for McKegney Green: A. Permits cannot be transferred, assigned or subleased to any other person, group or organization for any reason. Subleasing will result in revocation of the permit. B. Permit holders must be in possession of their Field Use Permit or Town- posted McKegney Green Schedule in case there is a need to address the question of who has priority of use or reservation. If the permit holder cannot use the Green due to unauthorized use by another party, the permit holder should contact the Town of Tiburon Police Department at 415- Draft 3/30/2014 Town of Tiburon Public Works 11505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 1 www.townoftiburon.org 11 x Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY C. The permit holder will be responsible for all actions and omissions that result in damage caused by their attendees. If additional maintenance is required (in excess of normal services /time) to restore the premises, turf, equipment, and/or property to reasonable use by others, the permit holder shall be charged accordingly. D. Verified complaints regarding a permit holder's activity noise level, litter and debris, and/or disregard of parking regulations could lead to suspension or revocation of a permit or reservation, the forfeiture of the security deposit, and denial of field use in the future. E. McKegney Green may be lined prior to a permitted group use. Water- soluble spray paint and chalk are the only permitted means of lining. F. Soccer and lacrosse goals must be anchored at all times when they are located on the playing field. When goals are not being utilized for play, they must be secured off the playing field in a manner that will prevent tipping or any hazardous condition. G. The Town reserves the right to cancel an approved reservation due to maintenance needs, overuse of the field, unsafe conditions, or conflict with a Town- sponsored event. In these cases, reasonable attempts will be made to provide a minimum of ten (10) days advance notice. In the event of an emergency or cancellation of an approved field request by the Town, a full refund will be provided except in the case of recurring users. H. Field users must instruct participants and spectators to park in Blackie's Pasture public parking areas and avoid neighborhood parking. Field users should post directional signs, if needed, to guide participants and spectators to appropriate parking areas. If traffic /parking is an issue, the user group must provide volunteers to direct participants and spectators to designated parking areas. I. No group or individual is permitted to maintain a storage unit (or similar object) on or around a field without written approval from the Town. J. Users must pick up and remove any trash or litter generated by their activity. K. Games, practices, and other events are not to start before 8:00 am or extend past 9:00 pm. No field use is permitted after dark. 6. WET FIELD RULES Wet Field rules are hereby established to prevent bodily injury and damage to the field from inclement weather and/or unsafe playing conditions. Groups that use the McKegney Green field are expected to assist in protecting their participants and the field during periods of rain or inclement weather. Sports use of a wet or saturated field may cause extensive damage resulting in field closure and costly Draft 3/30/2014 Town of Tiburon Public Works 1 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 1 www.townoftiburon.org S Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY renovations. Groups shall abide by the Wet Field rules and preserve the life and condition of McKegney Green by not using it in wet conditions. The following rules apply to a period of rainfall; an over - watered field and/or irrigation breaks. • The McKegney Green field is deemed closed to use at any time during rainfall. • The Town reserves the right to cancel reservations or suspend Field Use Permits when field conditions could result in injury to players or users or cause damage to the field. Permits may also be suspended when the health and safety of participants are threatened due to existing or impending conditions, including but not limited to field maintenance, fertilizer application, lightning, or air quality alerts. • During Town work hours, the Town's Public Works Department maintenance staff will assess the playability of the Green to determine if use will occur. • Recurring permit - holding users will be required to designate a Field Conditions Representative to apply these rules during non - business hours and on weekends. The designated representative shall have the authority and responsibility to close the Green or any portion thereof in accordance with the Wet Field rules. • The Green shall not be used after heavy rain, or when wet or muddy, for at least 48 hours. 7. TURF PRESERVATION GUIDELINES User cooperation is needed to preserve the turf on the field. Please abide by the following guidelines: A. Field use, especially sports practice, should be conducted in a manner so that play takes place on different sections of turf, thus reducing excessive turf wear and damage to any one area. Rotate use of areas (i.e., use middle of turf area for drills one day and sides of the field the following day) and, when possible, stay off of the fringe or bare areas to limit erosion and further damage. B. Replace turf divots at the end of each day to help re -root the grass. C. Remove all equipment from the field at the conclusion of use each day. D. Water - soluble paint and chalk are the only approved methods of applying lines to the field. E. Report field hazards to Tiburon Public Works at 415- 435 -7399 during Town working hours or to Tiburon Police Dispatch at 415- 789 -2800 during other hours. F. No tarps or material, which may damage the grass, may be placed on the Green. Any turf coverings used must be made of a breathable material. 8. DEPOSITS A refundable deposit of $100 is required for all non - recurring field use reservations. Recurring Draft 3/30/2014 Town of Tiburon Public Works 11505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 1 www.townoaiburon.org 1: Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY users are required to provide a $1,000 refundable security deposit. The Town may retain all or part of a security deposit, and/or assess additional fees, for the following reasons, without limitation: • Damage to the field • Misuse of the field • Inadequate clean-up by the permit holder, requiring additional custodial/staff time following permit holder's use • Violation of field use rules .If the additional fees due exceed the amount of the security deposit, the permit holder will be billed for the balance due. Payment will be due within thirty (30) days of the date of invoice. Unpaid fees will make the user group ineligible to apply for field use until the unpaid amount is settled in fall. 9. INSURANCE AND LIABILITY REQUIREMENTS As a pre - condition of Field Use Permit issuance, the applicant shall provide to the satisfaction of the Town Attorney, the following: A. Evidence of general liability insurance in the amount of $1,000,000 per claim and $2,250,000 aggregate. B. Endorsements to that policy naming the Town and its officials, employees, and agents as an additional insured, with primary and non - contributory coverage. C. In addition, the policy shall contain a guarantee of at least thirty (30) days prior notice of a change to or cancellation of the policy. D. A signed agreement or clause agreeing to indemnify and hold the Town of Tiburon, its officers, agents, employees, and volunteers, harmless from any claims, liabilities, losses or expenses arising from use of McKegney Green. E. A statement acknowledging that the permit holder is not entitled to use the field until the Town Attorney has approved their evidence of insurance and that the Town disclaims responsibility for any accident, injury, liability, loss, or damage to persons or property as a result of unauthorized use of the field use of McKegney Green. 10. REFUNDS (a) Non - recurring users: For permitted events cancelled by the permit- holder 21 calendar days or more in advance, a 100% refund will be issued. For permitted events cancelled by the permit- holder less than 21 calendar days in advance, no refund will be issued. Cancellations must be made in writing and submitted Draft 3/30/2014 Town of Tiburon Public Works 11505 Tiburon Blvd., Tiburon, CA 94910 415.435.7373 1 www.townoftiburon.ors 7 G Town of Tiburon MCKEGNEY GREEN FIELD USE POLICY to and received by the Public Works Department in order to be entitled to receive a refund. If there is rain on the date of a non - recurring use reservation such that the event cannot be held, another date will be made available or a full refund for the rained -out date will be made available. (b) Recurring users: Recurring users are not entitled to rescheduling privileges or refunds for cancelled events, rain -outs, or reserved use times that were not used. 11. SAFETY - RELATED CLOSURES /TOWN PRIORITY The Town makes every effort to accommodate permit holders. However, the health and safety of users and the condition and playability of the field take precedence. As a result, the Town may close the Green and/or limit portions of the Green available for use at any time in its reasonable discretion. The Town of Tiburon reserves the right to suspend or cancel any reservations (permits) for field use or to temporarily close the field for any of the following reasons: • Conflicts with a Town- sponsored or co- sponsored program, activity, or event • Maintenance issues • Over -use of the field • Unsafe conditions The Town also reserves the right to preempt a reservation for a Town- sponsored or co- sponsored event. In the instances described above, reasonable attempts will be made to provide advance notice and to reschedule field use for permit holders. 12. SUSPENSION OF PERMIT /VIOLATIONS A. The Town Manager, Public Works Director, Superintendent of Public Works, and the Chief of Police (and their respective designees) shall have the authority to suspend a field use permit, and may suspend any permit if the permit holder has done any of the following: 1. Violated any provision or requirement of approval imposed on the permit 2. Violated any provisions of the law 3. With the actual conduct of the activity, threatened the preservation of the public health, safety or general welfare or unreasonably interfered with the use and enjoyment of other property in the vicinity of the activity. B. Misuse of the field or the failure to comply with permit conditions, established rules and regulations, or any Federal, State, or local law shall be sufficient grounds for the immediate revocation of the Draft 3/30/2014 Town of Tiburon Public Works 11505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 1 www.lownoftiburon.org 3 ' -vn of Tiburon MCKEGNEY GREEN FIELD USE POLICY permit and/or denial of any future applications. No refund will be granted. Field Improvements The Town of Tiburon encourages partnerships and volunteerism to improve field quality and maintenance. However, in the absence of a written agreement, donations and/or contributions of time do not give any organization priority. Groups wishing to alter the field or ancillary areas must submit all improvement or alteration requests in advance to the Tiburon Public Works Department and receive written approval. Interpretation of Policy The Town Manager or his/her designee will make interpretations of the meaning of this Policy, and may override the Policy if he /she determines doing so is in the best interests of the Town. The Town Manager's interpretation shall be final. Draft 3/30/2014 Town of Tiburon Public Works 11505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 1 www.townoftiburon.org 9 —� 2. McKegney Green Use and Management Policy: Receive Recommendation from Ad -hoc Committee Regarding Adoption of a Permanent Policy for the Use and Management of McKegney Green; Consider Recommendation of Policy Adoption to the Town Council (continued from November 19, 2013) • Director Anderson presented the staff report. • Ad -hoc Committee member and Vice -Chair McMullen provided the ad -hoc Committee report to supplement the staff report, and stated that the Committee had met subsequent to the last Commission meeting, determined that there was insufficient information to establish a truly cost - recovery -based hourly rate at this time; recommended an hourly rate at the low end of the spectrum for southern Marin municipalities, and urged forwarding the policy to the Town Council for adoption. He noted data would be generated over the next year for a comprehensive policy review in 2015, but that the policy needed to be adopted this year for a number of reasons such that it could go into effect in 2015. • Mark Mintum, Tiburon Peninsula Soccer Club (TPSC), stated that the most serious concern with the proposed policy was the cost increase to the Club. The proposed hourly rate, while reduced over previous versions, would still constitute a cost increase. He suggested that a fixed -fee arrangement be considered for TPSC. He also believed that the "refund" provisions of the policy were unfair to recurring users such as TPSC. • Mike Stevens, representing Southern Marin Lacrosse (SML), expressed concern about possible mixed use of the field. He said the lacrosse league was growing quickly, that the Baptist Seminary property was being sold and the future of the field there was uncertain, and that McKegney Green was likely to be very much needed in the lacrosse league next year. • Director Anderson explained why the fixed fee approach was not suited to a multiple user field rental system, as was used by other Marin municipalities, and that the refund policy was very similar for recurring and non - recurring users and that recurring users had multiple opportunities to make up any cancelled times whereas one -time renters did not. • Kim Stibich, TPSC, requested more flexibility in the policy to address limited use after heavy rains and to address refunds and /or rescheduling when extended rain -out periods are experienced by recinTing users. • The Commission directed Staff to make revisions to the policy to provide that flexibility. • The Commission discussed the issues raised and reached consensus that the changes to the policy were adequate for initial launch of the policy, and that the review period in summer 2015 would offer an opportunity to make any necessary adjustments. The Commission voted 3 -0 on a motion to recommend approval of the McKegney Green Policy to the Town Council, with amendments to the last bullet point of Section 6 substituting "should" for "shall" and to Section 10 adding a sentence to subsection (b) allowing flexibility to grant credit for refunds or rescheduling in the event of extended rainout periods. Tiburon Parks, Open Space & Trails Commission Minutes April 30, 2014 Page 3 EXHIBIT N To: From: Subject: Reviewed By: BACKGROUND TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Clerk Town Council Meeting June 18, 2014 Agenda Item Appointments to fill a vacancies on Town Boards and Commissions 741Z Current Vacancies There is currently one vacancy on the Town's Heritage & Arts Commission and one vacancy on the Parks, Open Space & Trails Commission, resulting from term expirations and resignations earlier in the year. The Town Clerk advertised the vacancies in the Ark and Marin Independent Journal, and posted notices at Town Hall and Belvedere - Tiburon Library, pursuant to Town policy. The Town received a number of applications and the Council interviewed three applicants — Vince De Quattro, Patricia Pickett and Kenna Norris — for the Heritage & Arts Commission at its June 4, 2014 regular meeting. It also interviewed three applicants — Stephen DePetro, Leslie Lava and Andrew Thompson — for POST at the same meeting. In addition to the applications received for POST, the Council has received a letter of interest from one of the Planning Commission applicants, Holli Thier, who was interviewed on May 21, 2014. There is one remaining applicant for Heritage & Arts, Lisa Cohan, who is scheduled to be interviewed tonight. Another one of the Heritage & Arts Commission applicants, Patricia Pickett, has submitted an application for the Marin Commission on Aging, in addition to Heritage & Arts. Pending Vacancies There is a pending vacancy for a Tiburon appointee to the Belvedere- Tiburon Library Agency Board, as well as to the Marin Commission on Aging. The Town Clerk advertised the vacancies in the Ark and Marin Independent Journal, and posted notices at Town Hall and Belvedere - Tiburon Library, pursuant to Town policy. Library Board incumbent Ric Postle sent a letter of interest to the Town seeking reappointment. He is eligible for another term, under the Library bylaws. No other applications were received for this pending vacancy. The Town received an overwhelming response to its ad for the Marin Commission on Aging, with nine applications being submitted. The Town Council will begin this interview process tonight. Town Council Meeting June 18, 2013 RECOMMENDATION Staff recommends that the Town Council: 1. Consider making an appointment to fill the vacancies on the Heritage & Arts Commission, Parks, Open Space & Trails Commission, as well as the Library Agency Board tonight; or 2. Direct staff to continue advertising for these positions. Exhibits: Staff report dated June 4, 2014 (including applications) Vacancy Notice for Library Board and letter of interest from Ric Postle Prepared By: Diane Crane lacopi, Town Clerk TOWN or TiBu PON Page 2 of 2 To: From: Subject: Reviewed By: BACKGROUND TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Clerk Town Council Meeting June 4, 2014 Agenda Item: CC -1 Update on Appointments to Town Boards, Commissions and Committees The Town Council started the interview process at its last meeting (May 21) for the following vacancies on Town Boards and Commissions: 1. Planning Commission 2. Heritage & Arts Commission 3. Parks, Open Space and Trails Commission (POST) 4. Marin Commission on Aging 5. Belvedere - Tiburon Library Agency Tiburon Board representative After interviewing five candidates, the Council appointed Erica Williams to the Planning Commission. The Council will continue the interview process tonight, with interviews for one seat each on the Heritage & Arts Commission and POST. ,N V The Heritage & Arts Commission vacancy resulted from Commissioner Dave Gotz' resignation in February. Gotz is one of the longest - serving commissioners, logging more than 13 years of service to the town. The Town Clerk advertised the vacancy in the Ark and Marin Independent Journal, and posted notices at Town Hall and Belvedere - Tiburon Library, pursuant to Town policy. The Town received four applications for the opening which were forwarded to the Heritage & Arts Commission for its review. Three out of the four applicants will be interviewed by the Council at its meeting tonight. The fourth applicant will be interviewed on June 18 (due to a work conflict tonight). Because the Council must interview all applicants prior to making an appointment pursuant to Town policy, there is no action agendized tonight other than conducting the interviews. Similarly, the vacancy on POST is due to the resignation of Commissioner Bob McDermott. There have been three applications received to date. In addition, one of the candidates interviewed by the Council for the Planning Commission has expressed an interest in being considered for this position, as well. The Council will start the interview process tonight and an appointment will be agendized on June 18 to fill the vacancy on this commission. Town Council Meeting June 4, 2014 RECOMMENDATION Staff recommends that the Town Council proceed with interviews tonight for the vacancies on the Heritage & Arts Commission and POST. Exhibits: Vacancy Notices — Heritage & Arts Commission and POST Mission Statement and Outline of Heritage & Arts Commissioner Duties Applications of Patricia Pickett, Kenna Norris, Lisa Cohan, Vince DeQuattro (H &A) Applications of Lisa Lava, Stephen DePetro, Andrew Thompson, email from Holli Their (POST) Prepared By: Diane Crane lacopi, Town Clerk OF TIBURON Page 2 of 2 TOWN OF TIBURON SPECIAL VACANCY NOTICE On Town Commissions, Boards & Committees March 2014 HERITAGE & ARTS COMMISSION - (Statutory Authority: Section 13B -2 of Tiburon Municipal Code) Purpose: The Heritage & Arts Commission works to preserve and protect those buildings, sites, works of art and other objects which have special historical, cultural or aesthetic character or interest to the Tiburon Peninsula. Appointees serve staggered, four -year terms. The Commission establishes educational programs and awards focusing on the unique history of the area. The Commission works on special community projects and events and is interested in planning events that would provide a forum for local artists to showcase their work. Qualifications: Town Council Resolution No. 3329, adopted on 5/5/99, states that "at least four (4) members shall be residents of the Town of Tiburon, two (2) may be residents of the City of Belvedere, and one (1) may be a resident of the unincorporated area of the Tiburon Peninsula." Applicants shall have the interest, desire, and time available to help promote projects related to the history and art of the Tiburon Peninsula. A formal art/history background is preferred but not required. A vacancy has occurred as follows: Appointee Date Appointed Date Resigned Term Expires 1) Dave Gotz 2001;2002;2006;2011 2/28/14 February 2018 Interested residents can pick up an application at Tiburon Town Hall, 1505 Tiburon Boulevard, or download an application at www.ci.tiburon.ca.us (link to "Useful Forms "). Deadline for Receipt ofAvolications: May 21, 2014 (Open until filled) Notice Posted at Town Hall & Bel -Tib Library TOWN OF TIBURON SPECIAL VACANCY NOTICE On Town Commissions, Boards & Committees 2014 Parks, Open Space and Trails Commission (POST) (Statutory Authority: Title I, Chapter 2, Article VI of the Tiburon Municipal Code; Town Council Resolution No. 22 -2008) Purpose: This commission combines the duties of the former Parks & Open Space Commission and the ad hoc Bicycle - Pedestrian Advisory Committee. The POST Commission serves as the official Bicycle - Pedestrian Advisory Committee of the Town. Among its duties are to periodically review the Tiburon Bicycle & Pedestrian Master Plan and submit recommendations to the Town Council on bicycle and pedestrian- related matters. The POST Commission also periodically reviews the Parks and Recreation Element of the Tiburon General Plan, and makes specific recommendations to the Planning Commission and Town Council on policy matters pertaining to parks and/or open space lands under the jurisdiction of the Town, including their acquisition, maintenance, improvement and operation. The POST Commission assists with the organization of Town- sponsored events such as the Coastal Clean-up, public facility dedications and fund- raising events. The POST Commission coordinates with other boards and agencies on matters affecting the Commission's purview or jurisdiction. Membership & Qualifications: The POST Commission is comprised of five (5) members as follows: a) Four (4) members must live in the Town of Tiburon; b) One (1) member may live or work in the Tiburon Peninsula (including the Town of Tiburon, City of Belvedere, Strawberry, or any other unincorporated area of the Tiburon Peninsula). Terms: The term of office is four (4) years. Meetings: The POST Commission meets bi- monthly, and may meet more or less frequently as deemed necessary to conduct its business. THERE IS CURRENTLY (1) OPENING ON THIS COMMISSION FOR A TIBURON RESIDENT [due to the resignation of Commissioner Robert McDermott in February 2014] Contact Town Clerk Diane Crane Iacopi, 435 -7377 to apply. Position is open until filled D TIBURON HERITAGE & ARTS COMMISSION OUTLINE OF COMMISSIONER DUTIES Mission Statement: To preserve and advance the Town's unique historic and cultural character and to advance the arts in the community. BASIC DUTIES In the beginning, Heritage & Arts was tasked with recommending historic site status for structures in Tiburon. Designated were: Lyford's Stone Tower, The Railroad & Ferry Depot, Old St. Hilary's Landmark, and the Brick Kiln Bunkhouse & Yard (known as the Art and Garden Center). However, that commission function has sunset with all eligible structures having been recommended. 1. There is a total of about 10 hours per month that one can expect to spend on H &A activities. 2. Attend H &A Meetings once a month, 4th Tuesday. Usually 7 -9 p.m. Be prepared to contribute ideas, give feedback, and volunteer for sundry projects. This is a busy commission and needs manpower. 3. Assist at artist receptions 6 times a year plus 1 special award event at Town Hall. Usually first Wednesday of the month from 5 — 9 p.m. Don't have to be there for the whole 4 hours. Can pick a "shift ", i.e. setup, serving, cleanup. A "duty roster" is circulated at the meeting prior to the artist reception and one can pick a convenient time to work, but if you're in Town, you must give some time to these receptions. HERITAGE & ARTS PROJECTS 1. Art Exhibits - Present 12 two -month long art exhibits per year showcasing local artists. The Commission received 25% of the sale from any artwork. This money goes back into the community in the form of donations and support of art or historic projects. Annual Heritage Preservation Award. We are in our 18th year. This award is given to a person nominated from the community who has contributed significantly to preserving, in some way, Tiburon's history. The H &A sponsors the award and presents the winner with a community reception, and an award given at the Town Council meeting. Held the first Wednesday in May. Plein Air Painting Competition. We sponsor a Plein Air painting competition each year that runs concurrently with the Annual Tiburon Art Festival in August. 4. Walking Guide to Historic Tiburon. This popular guide is written, edited, reprinted and financed by H &A from our budget and through fund - raising around the community. It is distributed around Tiburon as well as at the Sausalito Visitors Bureau. 5. Mayors' Book. The H &A maintains albums in the Town Hall lobby which hold the Mayors' photos and a write -up that they create highlighting the events that have taken place during their terms in office. 6. Selection of Tiburon Artist Laureate. This Town - Council appointed, 4 -year position is under the Heritage & Arts umbrella. 7. Commemorative Book. The H &A maintains a Commemorative Book in the lobby of Town Hall which contains dedications with photos and biographies of people who have made donations to the Town either through money or significant time. 8. Special Events. Heritage & Arts periodically produces special events as the occasion arises. 9. Contributions a. Custom Milled picture railing for most of the Town Hall Building b. Collaborated with Rotary to install The Peace Pole in the front of Town Hall c. Improved lighting for the community room( project in progress) APR - 4 ZU14 D TOWN CLERK TOWN OF TIBURON Instructions and Application to Serve on a Town Board, Commission or Committee The Town Council considers appointments to various Town boards, commissions and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's 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 both pages of this form and returning it to Town Hall, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to (415)435 -2438. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk AREAS OF INTEREST Plea,e Indicate Vour Area(s) of Interest in Numerical Order ( #I Being the Greatest Interest) #3 PLANNING #4 PARKS & OPEN SPACE #z DESIGN REVIEW #7 RECREATION #1 HERITAGE & ARTS #9 DISASTER PREPAREDNESS # B LIBRARY # 6 MARIN COMMISSION ON AGING #s BICYCLE/PEDESTRIAN ADVISORY COMMITTEE 1 PERSONAL DATA Only computer - generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, if necessary. NAME: Vince De 4uattro MAILING ADDRESS: 31 North Terrace TELEPHONE: Home:415e270978 Work: PROPERTY OWNERS' ASSOC. (If appUcable)Reedlands TIBURON RESIDENT: (years)3 Fax No. DATE SUBMITTED: 4-4-14 REASONS FOR SELECTING YOUR AREAS OF INTEREST Dr. Benjamin Lyford's vision of Tiburon as a special retreat promoting physical and mental health is embodied in our town today. We must continue to promote healthy living, the arts, and the history of this remarkable place. APPLICABLE QUALIFICATIONS AND EXPERIENCE I have a BFA in Fine Arts /Art History from USC, a MFA from USC Film School, and have worked in the game and entertainment industry for the past thirty years. I founded a small studio in the footprint of George Lucas' Industrial Light and Magic in San Rafael, and am involved in preserving the history of the early special effects industry through my many connections in AMPAS (Academy of Motion Pictures Arts and Sciences), ATAS (Academy of Television Arts and Sciences) and the VES (Visual Effects Society). I was the Director of Animation at the Academy of Art for seven years. My curriculum and special program plan enabled one of our student short films to win an Academy Award. Town Hall Use Date Application Received: 4C Interview Date: Appointed to: (Commission, Board or Committee) Date Term Expires: 2 (Date) Length of Term: Vincent De Quattro, Jr. vincedeq @gmail.com (415) 827 -0878 http:/Avww.32TEN.com OBJECTIVE Adjunct Faculty Position in Animation Production EXPERIENCE 2011 —2013 Director of Studio Development, 32TEN Studios, San Rafael, CA Design programs to foster educational /artistic and technical community and manage creative teams to develop, bid and produce independent animation,film and television projects. 2004-2011 Online Director, Animation and Visual Effects, School of Animation and Visual Effects, Academy of Art University, San Francisco, CA Managed over 100 faculty and staff for over 2,000 students in largest animation school in the world. Responsible for the key curriculum design plan that led to the school's only gold Student Academy Award. Responsible for program curricular development, design and implementation. 2003— 2004 Contract Technical Director, Matte World Digital, The Orphanage, Tweak Films Provided lighting and compositing for Last Samurai, Hellboy, and Day After Tomorrow fx sequences for a variety of bay area post production facilties. 1997-2003 Sequence Supervisor, Industrial Light and Magic, San Rafael, CA Supervised ILM CG short subject film, Let Go. Sequence element design and setup role Star Wars: Episode 11, Pearl Harbor, and Mission to Mars. Cloth /hair simulation for Pirates of the Caribbean I and//, Star Wars: Episode 11. Lighting TD and compositor for balance of career at ILM. 1995-1997 Technical Director, Warner Brothers Digital Studio, Burbank CA Lighting and setup TD for Batman & Robin, Mars Attacks! and Eraser. 1994— 1995 Animator, Sony Pictures High Definition Television Center, Culver City, CA Compositing and softwarelpipeline development. 1994— 1995 Animator, RGA/LA, Hollywood, CA Animation, lighting, compositing and pipeline development. 1988-1990 Art Director, New World Computing. Encino CA Part of the original NWC team that created early MMI and MMII gaming classics. EDUCATION 1995 MFA, School of Cinema Television, Computer Animation, University of Southern California, Los Angeles 1987 AB, School of Fine Arts, Studio Art, University of Southern California, Los Angeles SOFTWARE Maya, mel, Renderman, Python, C, IRPULinux, Soffimage, Photoshop, After Effects, Nuke Production (Film and Video) 2013 The Lone Ranger 2004 The Day After Tomorrow 2004 Hellboy 2003 The Last Samurai 2003 THX1138 (re- release) 2003 Pirates of the Caribbean 2002 Terminator 3 2001 Star Wars., Episode 11 2001 Pearl Harbor 2000 ET the Extra-Terrestrial (re- release) 200D The Perfect Storm 1999 Mission to Mars 1999 Star Wars: Episode 1 1998 Mighty Joe Young 1997 The Emissary 1996 Batman and Robin 1996 Mars Attacks! 1996 Eraser 1995 In the Hole 1995 Marvin the Martian 1995 Winged 1995 Rainbow 1995 Mortal Kombat 1994 Immortal Beloved 1993 Cyber- Bandits Featured Shorts 2011 Dragonboy 2003 Let Go 2002 MMW, Music Video 2000 The Moving Pyramid 2000 Synchronicity 1994 Recon Cinematics (Games) 2002 Bounty Hunter (LucasArts) Commercial (Television) Production VITA Pre -Vis Artist (32TEN Studios) Compositor (Tweak) Technical Director /Compositor (Orphanage) Compositor (Matte World) Digital Film Restoration (ILM) Creature Development (ILM) Compositor (ILM) Compositor/ Creature Development (ILM) Technical Director/ Compositor (ILM) Technical Director (ILM) Compositor (ILM) Look Development/ Technical Director (ILM) Technical Director/ Compositor (ILM) Technical Director/ Compositor (ILM) Compositor (SPHDC) Lead Technical Director/ Compositor (WDS) Animator/ Technical Director/ Compositor (WDS) Compositor (WDS) CG Supervisor (Independent/USC) Effects Animator (Warner Entertainment) CG Pre - Production Supervisor (IndependenVUSC) Technical Director, Effects Animator (SPHDC) Animator/ Compositor (RGA) Assistant Technical Director (RGA) Technical Director (IRS) Faculty Advisor (AAU Student Academy Award Winner) CG Supervisor/ Technical Director (ILM Short) Technical Director/ Animator (ILM Short) Technical Director (ILM Short) Technical Director (ILM Short) CG Supervisor/ Compositor (Independent/USC) Sequence Supervisor/ Technical Director (ILM) 2002 Honeycomb Craver Spot Technical Director/ Compositor (ILM) 1997 Race for Atlantis Modeler/ Effects Animator (SPHDC) 1999 Duracell Spot Technical Director (ILM Commercial Productions) 1999 Tricon Star Wars Spot Technical Director (ILM Commercial Productions) REFERENCES Chris Armstrong, Director, Academy of Art University, Animation and Visual Effects (415) 618 -3762, carmstrono(o academvart.edu Sherrie Sinclar, Director, Academy of Art University, MFA Traditional Animation (415) 618 -3681 ssinclairOacademvart.edu �(c�/R �9<157r �8S —�— TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committee 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 both sides of this form and returning it to Town Hall. 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) years.. Thank you for your willingness to serve the Tiburon community. (; �° 0 U ;!aY 4 L TOWN CLERK Diane Crane Incopi TOWN OFTIBURON Town Clerk l AREAS OF INTEREST lIndicate Your Area(s) of Interest in Numerical Order ( #I Being the Greatest Interest) PLANNING DESIGN REVIEW _HERITAGE & ARTS LIBRARY AFFORDABLE HOUSING S:dcrane /comm.app 1 PARKS OPEN SPACE & TRAILS RECREATION DISASTER PREPAREDNESS COMMISSION ON AGING BUILDING CODE APPEALS BOARD PE- .QX__Z. DATA , . : _... 4Pi,Ee�SE.E'RINT RR T'XPE— A RESUIvtE MAY BE ATC�+CHED AS'�I._H)1;) , NAME: ` PA-Mle I R P/CKSTT MAILING ADDRESS: `R D, 6,:4-X 19S 77/31G20AJ CAA 9YXa-f2 TELEPHONE: Home: 35' /17 Work: email = le- %6 r{ C1 g 4X4-1. tarn PROPERTY OWNERS= ASSOC. (if appficabie)� YCO7} 0 TIBURON RESIDENT: (Years) DATE SUBMITTED: 57LJLIII REASONS FQR ,SELECTING YOU AREAS OF 17VTEREST j cJAJ. el n7PLCrEv 9^b r4hsMo "P of 64'9SFs /N id�'R 4f" E!lTLdu2sr�S ,2 C7d �iA 125SRrJCv 3 gk 90 i9A./F %322F— e R'N61 2YlOt) �L° dnPJ EA7r� -b Z�aW p/CsCeT Art i— jFX1-Na e,, 7&,,t5 M —7MW, A4-CL 3 o �L ©Q 44A&?7A `6 f�,'l z. 1,a � FAT GitiJ��nf6 7anc 3 o'�oPcG 7'U R& SryuS . -- -- -Town Hall Use — -- — Date Application Received: J /�% Interview Date: Appointed to: Date Term Expires: 2 Length of Term: K DIG TOWN OF TIBURON p' t-- I' I- re,-- 6j COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to various Town commissions,' boards and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's 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 both sides of this formand returning it to Town Hall. The application form can also be found on the Town's website, www.ci.tiburon.ca.us. Copies of the application will be forwarded to the Town Council informal interview will be scheduled when a vacancy occurs. Your applica remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. zVE :aAD Diane Crane Iacopi TOWN CLERK TOWII Clerk TOWN OF TIBURON AREAS OF INTEREST Please Indicate Your Area(s) of Interest in Numerical Order ( #I Being the Greatest Interest) PLANNING PARKS, OPEN SPACE & TRAILS DESIGN REVIEW JT. RECREATION COMMITTEE - HERITAGE & ARTS DISASTER PREPAREDNESS LIBRARY MARIN COMMISSION ON AGING 1 5 PERSONAL DATA (PLEASE PRTNT OR TYAS -A RE5VmF MAYBE ATTACHED AS V✓ELL) NAME; Kzv.v.o Noire; s MAILING ADDRESS: l o k No �,0 0- d 17 L y L-- TELEPHONE: Home: `Ils�951 -s z Work:4iT- (,9 97u7FaxNo. PROPERTY OWNERS' ASSOC. (If applicable) TIBURON RESIDENT: (Years) ___L_ DATE SUBMITTED: 3 - 2- t, - _(�� REASONS FOR SELECTING •�3�w W� YOURAREASOFINTLR EST s Sze cn L�E —�,�s� IL+ru r,, APPLICABLE pUALIFICATIONS AND EXPERIENCE ` C0. mti Map- ..- Dorn 'n c'o -�-. Lk_ -. j_e_Vsr f-H - S•Fvd�n� -r c 'r (RGOia,v �j S^ k L Ru Q ' r7uQ S S C lnao o 1 u S %lC �S - L ACC_0 , 1_.i Ca.nn i "n.nni Jn{ Dc✓C In V1—A L °-idA4 ✓y\12 AA C CY Can �P on k wLa✓k s - "-r�_, .fro ry— re ,U vtCL rcGa Q r\e FwvrkS - Town Hall Use - - - - -- — — - - - -- - - -- - _— —_ ----- °--- -� - - °— cJ � (o —/ y Date Application Received: Interview Date: Appointed to: (Date) Date Term Expires: Length of Term: 7 U(* CSC et Instructions and Application to Serve on a Town Board, Commission or Committee The Town Council considers appointments to various Town boards, commissions and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's 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 both pages of this form and returning it to Town Hall, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to (415)435 -2438. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk AREAS OF INTEREST Please Indicate Your Area(s) of Interest in Numerical Urder ( #I Being the Greatest interest) # PLANNING # PARKS & OPEN SPACE # DESIGN REVIEW RECREATION 1 HERITAGE & ARTS # DISASTER PREPAREDNESS # LIBRARY # MARIN COMMISSION ON AGING — r--BICYCLE/PEDESTRIAN ADVISORY COMMITTEE U - _'�' Z614 V TOWN CLERK TOWN OF TIBURON PERSONAL DATA Only computer - generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, if necessary. NAME' Lisa Cohan MAILING ADDRESS: 55G Red Hill Circle TELEPHONE: Home: 4155315454 Work: 4159242355 PROPERTY OWNERS' ASSOC. (if appricabie)NA Fax No. NA TIBURON RESIDENT: (Years) 16 DATE SUBMITTED: 4/1/14 REASONS FOR SELECTING YOUR AREAS OF INTEREST I have lived in Tiburon for 16 years with my husband and three children. I spent many years volunteering in and out of the classrooms and spearheading art projects. Now I would like to spend my volunteer time contributing to my town. I am an artist and interested not only in the Tiburon's Heritage but in Tiburon's involvement in the arts. APPLICABLE QUALIFICATIONS AND EXPERIENCE 1 I spent my early career as a broadcast producer in Boston and New york 2 I developed "Kids Gallery ", watercolor and poetry classes for children of all ages at my Water and Ink Studio www.waterandink.net 3 I served on the board of the Seafirth Homeowner's Association for most of the seven years that we lived there 4 I worked with students developing art project contributions for both the Reed District fundraiser and the St. Hilary School fundraiser APR ZUi4 D --Town Sall Use -------------------------------------------- TOWN OF TIBURON 0 —4— / ( Date Application Received: 11 1,l q Interview Date: Appointed to: (Commission, Board or Committee) Date Term Expires: K, (Date) Length of Term: LESLIE M. LAVA 11 MATEO DRIVE TIBURON, CALIFORNIA 94920 TELEPHONE: (415) 435 -3003 CELLPHONE: (415) 608-5585 ENIAIL: Ilava@pacbell.net May 19, 2014 Ms. Diane Crane Iacopi Town Clerk Town of Tiburon Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Re: Application for Tiburon Parks, Open Space and Trails Commission Dear Ms. Iacopi: PN TOWN CLERK TOWN OF TIBUROU Please find enclosed my Application for the Tiburon Parks, Open Space and Trails Commission as well as two forms of my Statement of Qualifications, a long form and a short form (which short form excludes the detailed references to all the bond issues that I have completed since 1991, but is otherwise identical to the long form). If you have any questions regarding the foregoing materials, or need any additional information, please contact me. Thank you very much for your assistance. Very truly yours, Leslie M. Lava LML:trl Enclosures TOWN OF TIBURON E G LEI � V E 0 MAY 19 �Q 14 TOWN CLERK TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committee 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 both sides of this form and returning it to Town Hall. 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. Diane Crane Iacopi Town Clerk AREAS OF INTEREST Indicate Your Area(s) of Interest in Numerical urger ( #I Being the Greatest Interest) PLANNING DESIGN REVIEW HERITAGE & ARTS LIBRARY AFFORDABLE HOUSING S.&mne/comm.app I PARKS OPEN SPACE & TRAILS RECREATION DISASTER PREPAREDNESS COMMISSION ON AGING BUILDING CODE APPEALS BOARD 1 PERSONAL DATA (PLEASE PRINT OR TYPE — A RESUME MAY BE ATTACHED AS WELL) _ NAME: Leslie M. Lava (Statement of Oualifications attached) MAILING ADDRESS: 11 Mateo Drive, Tiburon, CA 94920 TELEPHONE:Home: 415- 435 -3003 Work: 415- 331 -6464 EMAIL: llavana,pacbell.net PROPERTY OWNERS ASSOC. (If applicable) Not applicable TIBURON RESIDENT: (years) 22 DATE SUBMITTED: May 19, 2014 REASONS FOR SELECTING YOUR AREAS OFINTEREST As a 22 -year Tiburon resident and home owner, I have often enjoyed the many parks, open spaces and trails that Tiburon has to offer. In particular, my dogs and I enjoy on an almost daily basis Blackie's Pasture, the Old Rail Trail and, my 17 -month old puppy's absolute favorite for tennis ball catching, McKegAeey Green. It is because I have been able to personally experience and enj oy these Tiburon Treasures that I now want to do more to help further maintain, preserve and improve these Treasures, which is why I am applying to become a member of the Tiburon Parks, Open Space and Trails Commission. APPLICABLE QUALIFICATIONS AND EXPERIENCE I am a lawyer with over 33 years of experience in the area of public finance having served as the senior attomey on over 550 financings aggregating in excess of $71 billion in principal amount, as further described in the accompanying Statement of Oualifications. In this role, among other tasks I reviewed and assessed compliance with applicable local, state and federal laws, negotiated contracts and interacted with both governmental officials and the public. Being a 22- year Tiburon resident and home owner who loves the outdoors, I am personally knowledgeable about most of the parks open spaces and trails that Tiburon has to offer, but if there are any new ones I would gladly become familiar with them quickly. For years I have been an energetic and dedicated supporter of these Tiburon Treasures and now want to directly provide to Tiburon my time and assistance to insure that they last for generations to come. As a hard worker who ig ves 110% in a professional respectful and helpful manner, I would welcome this opportunity to work with Tiburon on this Commission. Thank you for your consideration. - — - - - - -- -- - - --- - - - -- — —Town Hall Use ----------- -- ----------------------- - - -- -- Date Application Received: \5 — t 7 Interview Date: Appointed to: Date Term Expires: 2 Length of Term: LESLIE M. LAVA, ESQ. 11 MATEO DRIVE TIBURON, CALIFORNIA 94920 TELEPHONE: (415)435 -3003 CELLPHONE: (415) 608 -5585 EMAIL: llava @pacbell.net H9 G E V 0 iri( 19 20114 STATEMENT OF QUALIFICATIONS — May 15.2014 Professional Employment Sole Proprietor, Law Offices of Leslie M. Lava, 1990 to present. TOWN CLERK TOWN OF TIBURON Associate, Brown & Wood (now called Sidley Austin), San Francisco, California, 1984 to 1988, New York, New York, 1989 to 1990. Associate, Chapman and Cutler, Chicago, Illinois, 1981 to 1983. Professional Experience Extensive experience in the field of public finance having served as the senior attorney on over 550 financings aggregating in excess of $71 billion in principal amount, which includes serving as bond counsel, disclosure counsel, issuer's counsel, underwriter's counsel, trustee's counsel and special counsel on taxable and tax- exempt financings and related matters for general municipal needs, including financings of court and administrative buildings and other public purpose projects, tax increment financings, financings of health care related facilities, including general acute care, teaching and children's hospitals, district hospitals, multi - hospital systems, clinics and skilled nursing facilities, assessment districts, water and wastewater systems, higher education, solid waste disposal and public power facilities, redevelopment areas, multifamily housing, jails, parking structures, airports, seaports and zoos. Duties included negotiating, structuring and processing all stages of municipal financings, including analyzing the borrower's capital needs, addressing tax, due diligence and other legal concerns, negotiating contracts and complying with securities, tax, contract and commercial laws. The various financing structures included fixed, variable and adjustable interest rate financings, public offerings and private placements, negotiated and competitive bid deals, reofferings, tender offers, "put" and "tender" bonds, general obligation and revenue bonds and certificates of participation, tax and revenue anticipation notes, registered warrants, commercial paper, pooled financings, ref hidings of taxable and tax - exempt indebtedness through advance, current or cross -over refundings and credit enhanced financings through letters or lines of credit or municipal bond insurance. Representative bond counsel clients included the State of California, the State Public Works Board of the State of California, the California Educational Facilities Authority, the California Health Facilities Financing Authority, the California Pollution Control Financing Authority, the City and County of San Francisco, the Cities of Monterey, Napa, Reno, San Jose and Vallejo, Alameda County, the City of San Jose Financing Authority, the Parking Authority of the City and County of San Francisco, the Public Utilities Commission of the City and County of San Francisco, the Redevelopment Agency of the City and County of San Francisco, the Redevelopment Agency of the City of San Jose, the San Francisco Airport Commission, and the San Jose -Santa Clara Clean Water Financing Authority. Representative underwriter's counsel clients included Bear, Stearns & Co. Inc., Goldman, Sachs & Co., JP Morgan & Co., Lehman Brothers, Merrill Lynch & Co., Morgan Stanley & Co. Incorporated, John Nuveen & Co. Incorporated, UBS Financial Services Inc., Prager & Sealy, Westhoff, Cone & Hohnstedt and Ziegler Securities. Other clients include the Richmond Redevelopment Agency, the State of California Auditor's Office, the Office of Statewide Health Planning and Development of the State of California, the ABAG Finance Authority for Nonprofit Corporations, ABAG Finance Corporation, BP West Coast Products LLC, Calpine Corporation and its subsidiaries, the City of Fresno, California, Chemical Trust Company of California and National Consumer Cooperative Bank. Also serves as special counsel to the California Educational Facilities Authority, the California Health Facilities Financing Authority and the California Pollution Control Financing Authority and is a member of the California State Treasurer's Office Bond Counsel Pool. Details regarding the transactions on which Ms. Lava had senior responsibility and references are available upon request. Biographical Information Education University of Florida College of Law, Gainesville, Florida, J.D. (with honors), 1981. Vanderbilt University, Nashville, Tennessee, B.A., magna cum laude, 1978. Majors: psychology and political science. Honors Outstanding Minority Enterprise of the Year - Service Category, 1995. Member of Order of the Coif, Phi Beta Kappa, University of Florida Law Review, Phi Kappa Phi, Pi Sigma Alpha, Mortar Board and Athenians. 2 Bar Admissions District of Columbia, 1987. Florida, 1982. California, 1985. Illinois, 1981. Board Memberships and Board Committees Board of Directors, San Francisco Zoological Society, 2004 to 2009. Co- Chair, Government and Community Relations Committee, San Francisco Zoological Society, 2004 to 2005. Board of Directors, The San Francisco SPCA, 2002 to 2007. Board of Directors, The Dolphin Institute, 1997 to 2001. Other Volunteer Activities Volunteer, Animal Assisted Therapy and Book Reading, SHARE (Special Human- Animal Relationships) Program, Marin Humane Society, 2007 to present. Volunteer, San Quentin State Prison, Recreational and Educational Programs, 2009 to present (brown card holder, 2010 to present). Alumni Interviewer, Vanderbilt University, 2005 to present. Volunteer, Animal Assisted Therapy Program, Delta Society, 2008 to 2012. Volunteer, Animal Assisted Therapy Program, The San Francisco SPCA, 1997 to 2008. Member, Debt Technical Advisory Committee of the California Debt and Investment Advisory Commission, 2000 to 2005. Member, Old Mint Task Force, appointed by Mayor Willie Brown, 2001 to 2003. Executive Committee, 2001 San Francisco Mayor's Summit for Women. Executive Committee and Co- Chair, Finance Committee, 2000 San Francisco Mayor's Summit for Women. Steering Committee and Finance Committee, 1999 San Francisco Mayor's Summit for Women and 1998 San Francisco Mayor's Summit for Women. 3 Proud Guardian Tigger, 15 -1/2 years old; Marin Humane Society's SHARE Program Volunteer since 2007; Canine Performance Events Agility Champion (2011) and Extraordinary Agility Champion (2012); rescue dog from SF SPCA. Rosie, 17 months old; Marin Humane Society's SHARE Program Volunteer since 2013; rescue dog from Sonoma Humane Society. Inc- 4�0 PC- MAY 19 2014 TOWN OF TIBURON T0 4'Tov,`Ow EL" dN r CL� TI,) KN COMNIISSION, BOARD & COMMITTEES APPLICATION The Town Council considers appointments to its various Town commissions, boards and committee 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 both sides of this form and returning it to Town Hall. 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. Diane Crane Iacopi Town Clerk AREAS OF INTEREST Indicate Your Area(s) of Interest in Numerical order ( #I Being the Greatest Interest) PLANNING DESIGN REVIEW HERITAGE & ARTS LIBRARY AFFORDABLE HOUSING adcrane/comm.app " PARKS OPEN SPACE & TRAILS RECREATION DISASTER PREPAREDNESS COMMISSION ON AGING BUILDING CODE APPEALS BOARD 1 PERSONAL DATA (PLEASE PRINT OR TYPE — A. RESUME MAY BE ATTACHED AS WELL) NAME: S i E tP o' fd b MAILING ADDRESS: /00 MAFue -,L= PuCacLz 1 / +3aleor); CA O'iLrizo W1 (40c) (41 S-) TELEPHONE:Home: S i -7oir Work: 3S• -9133 email = s��G�2f s c•orQ PROPERTY OWNERS= ASSOC. (If applicable) TIBURON RESIDENT: (Years) C. DATE SUBMITTED: 517 j -40iy APPLICABLE QUALIFICATIONS AND EXPERIENCE Date Application Received: �� / Interview Date: Appointed to: (Lai MAY 19 2014 Date Term Expires: 9 Length of Term: TOWN OF TIBURON h+ l9cU14 D TOWN CLERK TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committee 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 both sides of this form and returning it to Town Hall. 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. Diane Crane Iacopi Town Clerk AREAS OF INTEREST Indicate Your Area(s) of Interest in Numerical Order ( #I Being the Greatest Interest) PLANNING DESIGN REVIEW HERITAGE & ARTS LIBRARY AFFORDABLE HOUSING &dcrane /comm.app X PARKS, OPEN SPACE & TRAILS RECREATION DISASTER PREPAREDNESS COMMISSION ON AGING OTHER 1 PERSONAL DATA (PLEASE PRINT OR TYPE— A RESUME MAY BE ATTACHED AS WELL) NAME: Andrew Thompson MAILING ADDRESS: 18 Southridee East E -mail address (optional): ahompson @ngkf.com TELEPHONE: Home: 388 -44214 Work: 445 -5112 PROPERTY OWNER'S ASSOC. (If applicable) Reedlands TIBURON RESIDENT: (Years) 37 DATE SUBMITTED: 5 /28/14 REASONS FOR SELECTING YOUR AREAS OF INTEREST The Parks, Open Space and Trails Committee has always been my favorite and my first passion for the Town. I think most people are aware of my dedication to completing the Tiburon Ridge Trail, various tributary trails and creating the missing link between Gilmartin and the top of Sugarloaf. I have many good ideas for our parks, trails and water front that I unfortunately, was not able adequately address due to other urgent business while on the Town Council. I am now in a place where I can dedicate time to the Town again. I also know and like very much the other current members and think we would make a very good team. APPLICABLE QUALIFICATIONS AND EXPERIENCE • Grew up hiking the hills of Tiburon with my father and the original Parks and Open Space Committee. They prepared and launched one of California's first bond measures to purchase open space by a Town. It was the 1972 mid - Peninsula Ridge purchase. • 12 years on the Town Council, elected Mayor twice. • I have a clear understanding of what is possible or not for the Town of Tiburon so we are not wasting time when something is proposed to the Town Council. • I have an extremely strong knowledge of our trails and parks in Tiburon. • I could fill three pages of why I m. qualified. I have the experience and am passionate for the job. Hall Use — ______________�______ Date Application Received: 5 �/ y Interview Date: t°— y / CZ_ Appointed to: (Date) Date Term Expires: 2 Length of Term: Diane Crane From: Sent: To: Subject: Ms. Crane lacopi: Holli Thier [hollibills @gmail.com] Thursday, May 22, 2014 2:55 PM Diane Crane ! acopi; Holli Thier Re: Thank you for interviewing Po5T-- It was great see you again as well and to learn more about the appointments process here in Tiburon. ( ler I would very much like to be considered for the Parks Open Space and Trails Commission. Please let me know if I need to submit anything else to you to have my application considered. Thank you very much for everything you do every day and for your help last night. I truly appreciate it! Me It was a pleasure Sent from my iPhone TOWN OF TIBURON NOTICE OF PENDING VACANCY ON TOWN BOARD OR COMMISSION April 2014 BELVEDEREMBURON LIBRARY AGENCY - BOARD OF TRUSTEES (Statutory Authority: Govt. Code Section 6500 et seq. and Joint Powers Agreement for Belvedere/Tiburon Library Agency) Position: TRUSTEE — TOWN OF TIBURON Term: 3 Years — (beginning July 1) Qualifications: Applicants must be residents of the Town of Tiburon and have the interest, dedication and time commitment to serve as a trustee on the Board, including attendance at regular monthly meetings and other activities. The pending vacancy on the Library Board will occur as follows: Appointee Date Appointed Resignation Term Expires 1) Ric Postle June 2011 N /A* June 30, 2014 *Mr. Postle is seeking reappointment for a second term. There is a two -term limit per the Library's By -Laws. The Town's Appointments Policy requires publication of all current and pending vacancies even though the incumbent seeks reappointment. Due consideration is given to incumbents; however, the Town Council will interview all applicants for the position. Interested residents can contact Tiburon Town Clerk Diane Crane at 43 5-73 77 for more information, or pick up an application at Tiburon Town Hall, 1505 Tiburon Boulevard. Applications are also on -line at www.townoftiburon.org (click on "Useful Forms "). Deadline for Applications = April 30, 2014 Notice posted at Town Hall & Library Published in the Ark Courtesy Copy to Mai-in IJ Town ofTrbumn • 1505 Tiburon Boulevard • Tiburon, CA 94920 • P. 415.435.7373 E 415.435.2438 • w ..ci.dburon.ra.us Office of Tiburon Town Clerk/415.435.7377 April 8, 2014 Mr. Frederic Postle P.O. Box 1392 Tiburon, CA 94920 SUBJECT: LIBRARY AGENCY BOARD - TERM EXPIRATION & INTEREST Dear Ric: Thank you for your letter of interest seeking a second term as a Town appointee to the Belvedere- Tiburon Library Agency Board of Trustees. According to our records, your term on the Board of Trustees will expire in June of this year. Town Council policy requires publication of a notice of pending vacancies on all Town Boards, Commissions and Committees. This notice will be published within the next week or two in the Ark, and the Town Council will interview applicants at one of its regular meetings in May or June. As an incumbent, you are not required to re- interview for the position. The Town of Tiburon has certainly benefited from your time, energy and efforts on the Library Agency Board, and prior to that time on the Library Foundation. We appreciate your dedication and service to the community. Ve, truly yr Jrs, Diane Cranelacopi Town Clerk cc: Town Manager Curran Library Director Mazzolini Alice Fredericks Mayor Frank Doyle Vice Mayor Jim Fraser Councilmember Emmett O'Donnell Councilmember Erin Tollini Councilmember Margaret A. Curran Town Manager APR - 7 2014 April 7, 2014 Dear Tiburon Town Council: I have been associated with the Library Foundation since 2001 and am now a member of the Belevdere- Tiburon Library Agency. I would like to continue my tenure on the Board for a second term. Please contact me with any questions you may have. Thank you for your consideration. Sincerely, "P /� , , c ../" } � Fredric Postle gopostle@msn.com F r e d r i c P. P o s t I e A Registered Investment Advisor PO Box 1392, Tiburon, CA. 94920