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HomeMy WebLinkAboutTC Res 2014-06-18 (6)RESOLUTION NO. 22-2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A MCKEGNEY GREEN FIELD USE POLICY WHEREAS, the Town Council recognizes the need adopt a formal written policy addressing the use and management 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 June 18, 2014. BE IT FURTHER RESOLVED that the Town Council directs the Town Manager to implement the policy and ensure a comprehensive review of the policy is conducted by the Parks, Open Space, and Trails Commission by August 31, 2015. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 18, 2014, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: Tiburon Town Council Resolution No. 22 -2014 Doyle, Fraser, Fredericks, O'Donnell, Tollini None 0611812014 TOWN OF TIBURON MCKEGNEY GREEN FIELD USE POLICY ADOPTED BY TIBURON TOWN COUNCIL ,JUNE 18, 2014 1 _.ron 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. Adopted by Town Council 6/18/2014 Town of Tiburon Public Works 11505 Tiburon Blvd„ Tiburon, CA 94920 415A35.7373 1 www.rownoniburon.crg 1 r77 ! e r. J 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. f (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 Adopted by Town Council 6/18/2014 Tmw of Tiburon Public Works 11505 Tiburon Blvd., Tiburon, CA 94930 415.435.7373 1 W' mw.townoftiburon.org 2 MCKEGNEY GREEN FIELD USE POLICY r group qualifies that group as a "recurring user ". The Green is generally closed from approximately November 30'h to March 15a' for turf recovery purposes. 1. RECURRING USE FIELD REQUEST PERMITTING McKegney Green requests for recurring organized youth sports use are considered once per year for the following year. Field space is awarded on a priority basis in approximately November of each year for the following calendar year. To apply for a McKegney Field Use Permit, an applicant must submit a field request form with the Tiburon Public Works Department at Town Hall. Field request forms may be found online at w A- A %townoftiburon.ore. 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. Adopted by Town Council 6/18/2014 Town of Tiburon Public Works 1 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 1 wrvw.townoniburon.org 3 p 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 parry, the permit holder should contact the Town of Tiburon Police Department at 415- 789 -2801. Adopted by Town Council 6/18/2014 Tow of Tiburon Public Works 11505 Tiburon Blvd., Tiburon, CA 94920 413.435.7373 1 www.rownoRiburon.org n t''7�4 0 ®g eft, p�p, .E r. .:r•„ 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. hi 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 Adopted by Town Council 6/18/2014 To%mt of Tiburon Public Works 11505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 i wv v.townoftiburon.org 5 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 -eight (48) hours. 7. TURF PRESERVATION GUIDELINES User cooperation is needed to preserve the turf on the field. Please abide by the following guidelines: A. Field use, especially sports practice, should be conducted in a manner so that play takes place on different sections of turf, thus reducing excessive turf wear and damage to any one area. Rotate use of areas (i.e., use middle of turf area for drills one day and sides of the field the following day) and, when possible, stay off of the fringe or bare areas to limit erosion and further damage. B. Replace turf divots at the end of each day to help re -root the grass. C. Remove all equipment from the field at the conclusion of use each day. D. Water - soluble paint and chalk are the only approved methods of applying lines to the field. E. Report field hazards to Tiburon Public Works at 415- 435 -7399 during Town working hours or to Tiburon Police Dispatch at 415- 789 -2800 during other hours. F. No tarps or material, which may damage the grass, may be placed on the Green. Any turf coverings used must be made of a breathable material. 8. DEPOSITS A refundable deposit of $100 is required for all non - recurring field use reservations. Recurring Adopted by Town Council 6/18/2014 Town of Tiburon Public Works 11505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 1 � .townoftiburon.org F 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 L cancelled by the permit- holder less than twenty -one (21) calendar days in advance, no refund will be issued. Adopted by Town Council 6/18/2014 Tom of Tiburon Public Works 11505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 1 w v.rownoftiburon.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 m By suspend any permit if the permit holder has done any of the following: 1. Violated any provision or requirement of approval imposed on the permit 2. Violated any provisions of the law 3. With the actual conduct of the activity, threatened the preservation of the public health, safety or Town or Tiburon Public Works 1 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 1 www.townoftiburon.org Adopted by Town Council 6/18/2014 9 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. Adopted by Town Council 6/18/2014 Town of Tiburon Public Works 11505 Tiburon Blvd., Tiburon. CA 94920 415.435.7373 1 www.rownofliburon.org 9