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HomeMy WebLinkAbout01-29-2019 POST Full Agenda Packet TOWN OF TOWN OF TIBURON Regular Meeting Tiburon Town Hall Parks, Open Space & Trails Commission Tiburon 1505 Tiburon Boulevard January 29, 2019 Tiburon, CA 94920 6:00 PM Tiburon Parks, Open Space & Trails Commission January 29, 2019 Page 1 AGENDA PARKS, OPEN SPACE & TRAILS COMMISSION CALL TO ORDER AND ROLL CALL Chair Feldman, Vice-Chair McInerney, Commissioners Allen and Nikfar ORAL COMMUNICATIONS Persons wishing to address the Parks, Open Space & Trails Commission on any subject not on the agenda may do so under this portion of the agenda. Please note that the Parks, Open Space & Trails Commission is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action or follow-up may be referred to Town Staff or placed on a future Parks, Open Space & Trails Commission agenda. Please limit your comments to no more than three (3) minutes. Testimony regarding matters not on the agenda will not be considered part of the administrative record. COMMISSION AND STAFF BRIEFING Staff Briefing Commissioner Updates Subcommittee Reports MINUTES 1. Approval of Minutes – Meeting of September 24,2019 2. Approval of Minutes – Meeting of October 29,2019 ACTION ITEMS 1. Recommended changes to McKegney Green Use Policy 2. Blackie’s Old Rail Trail Subcommittee 3. Jim Wood Wildflower Proposal near Trestle Trail ADJOURNMENT Tiburon Parks, Open Space & Trails Commission January 29, 2019 Page 2 GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Division at (415) 435-7390. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all Parks, Open Space & Trails Commission Agendas, staff reports, and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and staff reports are also available on the Tiburon website (www.townoftiburon.org) no later than 5:00 PM on the Friday prior to the regularly scheduled meeting. Any documents produced by the Town and distributed to a majority of the Parks, Open Space & Trails Commission members regarding any item on this agenda, including agenda-related documents produced by the Town after distribution of the agenda packet 72 hours in advance of the Commission meeting, will be available for public inspection at Town Hall, 1505 Tiburon Boulevard, Tiburon, CA 94920. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability- related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please deliver or cause to be delivered a written request (including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service) at least 5 days before the meeting to the Planning Division at the above address. PUBLIC HEARINGS AND ACTION ITEMS Public Hearings and Action Items provide the general public and interested parties an opportunity to give testimony on agenda items typically involving an action or recommendation of the Commission. If you challenge any decision in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing, or in written correspondence delivered to the Parks, Open Space & Trails Commission at or prior to the Public Hearing. GUIDELINES FOR TIME LIMITS ON PRESENTATIONS AND PUBLIC TESTIMONY The Parks, Open Space & Trails Commission’s general meeting procedure and time limit guidelines are as follows:  Staff Report Presentation – 5 to 10 minutes  Parks, Open Space & Trails Commission questions to staff  Applicant’s presentation (if any) – 10 to 15 minutes  Public Testimony (depending on the number of speakers) – 3 minutes for each speaker  Members of the audience may not allocate their testimony time to other speakers  Time limits may be modified at the discretion of the Chairman Interested members of the public may speak on any item on the agenda. TIMING OF ITEMS ON AGENDA While the Parks, Open Space & Trails Commission attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Parks, Open Space & Trails Commission agenda. NOTE: ALL MEETINGS ARE AUDIO RECORDED - TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 STAFF REPORT POST Commission Meeting January 29, 2018 Agenda Item: t\ f-\ To: Members of the Parks Open Space and Trails Commission From: Department of Public Works Subject: Recommended changes to McKegney Green Use Policy Reviewed By: NA Greg Chanis, Town Manager Benjamin Stock, Town Attorney SUMMARY In 2013 and 2014, POST worked on a Policy for public use of McKegney Green. POST recommendations were adopted by Council in June 2014. The Town recently completed a $2 million renovation ofMcKegney Green. Southern Marin Soccer League asked for changes to the Use Policy and Town Council stated these should be considered by POST. In addition, Staff would like POST to consider changes to the Use Policy as it regards dogs on the field and reservation fees. RECOMMENDED ACTION(S) 1. Increase field reservation rates to $90/hour, with a 5-year holiday for TPSC at $60/hour. 2. Prohibit animals on McKegney Green. 3. Provide direction to staff regarding any changes to the McKegney Green Field Use Policy with respect to priority of users. 4. Provide that TPSC will have priority use of the field during the spring 2019 season. 5. Maintain the cun-ent safety conditions with respect to Lacrosse play. BACKGROUND In 1974 the Town constructed a sports playfield at McKegney Green. For years the primary user of that field was for children's soccer (TPSC). In 2012, the Southern Marin Lacrosse Club (SML) also requested use of the field for practices, spurring the preparation of an "interim" McKegney Green Use Policy for the 2013 sports season that allocated times to the TPSC, SML and St. Hilary School. In February 2013, the Town retained professional consultants, The Sports Management Group (TSMG), to prepare a report and draft 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 OF6 POST C 2018 Town Council approved the recommended policy by resolution 22-2014 on June 18, 2014. This resolution is attached as Exhibit 1. The staff report and supporting documents, including the TSMG report is attached as Exhibit 2. Between 2012 and 201 7 SML used the McKegney Field one season. After that, SML discussed using the field, but did not actually make or pay for reservations. In 2015, staff began discussions with Town Council and the TPSC regarding renovating McKegney Green. On December 7, 2016, SML approached Council and expressed interest in joining the discussion on McKegney Green. After considering a number of options, the Town settled on a large sand-based turf field. One condition for construction of this field was that private donations fund $400,000 of the cost. Per a sub-committee recommendation, the use of the field would be 75% soccer and 25% lacrosse, and the funding from each would be similarly split. This is documented in the February 7, 2018 Town Council minutes attached as Exhibit 3. The $2 million field is now complete and will be opened in March. There are a few items in the current policy that staff believes need to be addressed. These include: • Rates for field use • Dogs on the field • Priority for field users • Play this spring • Safety Rules for Lacrosse ANALYSIS Rates (or Field Use TSMG's final report calculated a fully loaded rate of $58/hour. This was based on use of 700 hours per year and maintenance costs of $32,500 per year. The rate recommended by POST and adopted by Council was $35 per hour for recurring us and $40 per hour for non-recurring use. Non-recurring use happens only for a few hours each year. A charge of $35 per hour was about a 40% subsidy based on the TSMG figures. Actual use has been less than 700 hours. For instance, in 2016 and 2017, TPSC used the field 429 and 356 hours respectively and there was no use by SML. The rate set in 2014 has never been increased. The new field is going to be much more expensive to maintain than the old field. Staff has stated the annual maintenance and watering costs will be $45,000 greater than for the old field. In addition, the field must be resodded every 8 to 10 years. During the recent construction contract, stripping the sod cost $105,000 and buying and placing new sod cost $175,000. Therefore, we might predict that stripping the sod and placing new sod will cost $280,000. Doing this work every eight years would require saving $35,000 per year. In total, the added maintenance cost is about $80,000 per year. It is anticipated that the field can sustain about 600 hours of play per year across the field. Assuming 600 hours of use annually, the increased cost of maintenance is $133 per hour of use. TOWN OF TIBURON PAGE 2 OF 6 POST Commission 2018 Mill Valley currently charges $60 per hour for field use for the category of user that would be using McKegney Green (Exhibit 4). Corte Madera charges $95 per hour for field use by residents. Staff recommends increasing the hourly rates for the field. Staff also recommends that part of this money be placed into a reserve account for resodding the field. Just to save sufficient funds to resod the field every 8 years, the rates would need to be $58/hour for 600 hours per year. Only after that would any funds be available to offset the increased cost of annual maintenance. Staff recommends raising field use rates to $90 per hour. Recognizing the contribution ofTPSC to the construction of the field, staff recommends a holiday of five years for TPSC with a rate of $60 per hour. Dogs on the field Municipal code 20-2.175 currently allows dogs on McKegney Green if "such dog is restrained by a leash of sufficiently short length to enable such person to maintain constant control over such dog". Similarly, the current policy allows dogs on leash on McKegney Green. Unfortunately, allowing dogs on McKegney Green results in dogs off leash. The prevalence of dogs running off leash on the field was great until the fence was recently placed around McKegney Green. There are paths on either side of the field, two on the water side and one above the field. If a person is walking a dog on leash in this area, they will almost always be on the path. Dogs on the field are almost always off leash. There has not been the police presence to enforce the municipal code in this regard and it is doubtful such resources will exist in the near future. This creates two problems; • The dogs dig. • The dogs defecate and owners do not clean up after them. Simply, one dog off leash can make a section of the field unplayable for the users that have reserved it. In 2015, the Town closed McKegney Green for safety reasons due to holes in the field. Given this precedent, if a dog digs a hole in the field, at least that part of the field should be closed until it can be repaired. A hole dug by a dog would go through the root zone and so require staff to sod and reestablish that sod prior to opening. This would take weeks, during which time that portion of the field would need to remain closed. Staff believes the only practical way to reduce dogs running off leash on the field is to ban them from the field altogether. Staff recommends changing the policy and municipal code to ban dogs from McKegney Green. Priority {or field users The current Policy states that reserved use will be allocated based on the following priority system: Group 1: Town-sponsored or co-sponsored events have first priority. TOWN OF TIBURON PAGE3 OF6 2018 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. During the discussions regarding renovating McKegney Field the sub-committee recommended and Council endorsed splitting the use of the priority 2 users between TPSC and SML with TPSC having 75% of the available hours and SML having 25% of the available hours. This was contingent on each providing this percentage of funding of the $400,000 required for private funding. At a Council meeting on April 19, 2017 both TPSC and SML committed themselves to these fund-raising goals. TPSC constructed a website and solicited donations by e-mail from various users, residents and foundations. In April 2018, TPSC delivered checks totaling $400,000 to the Town to help construct the field. Staff wishes to know if POST wants to amend the official McKegney Green Field Use Policy to reflect this apportionment of use. It is staffs opinion that putting this into a policy at this time is premature and creates a situation where changes must go through a formal process. Not putting this in the policy allows greater flexibility. Play this spring In addition to any changes to the priority use policy, there is a particular issue this spring. The field was originally scheduled to be open this fall for play by TPSC. However, cool weather and the need to overseed with rye (turfgrass with rye was not available) made it impossible to open the field in a healthy condition. TPSC agreed to wait until March to open the field. Both SML and TPSC have requested use of the field this spring. This is the primary season for lacrosse so the current policy would give them priority. However, the Town must acknowledge that it appears all the private funding for the field came from TPSC. Additionally, TPSC sacrificed their fall season to help ensure the long-term health to the field. It seems wrong to acknowledge their contribution in a ribbon cutting ceremony and then not allow them to play on the field. Safety Rules (or Lacrosse TSMG's final report, released in August 2013 made recommendations regarding safety and Lacrosse play. These recommendations include: • Lacrosse to set up nets behind goals • Lacrosse field layout to be longitudinally on the field (see page 18 of their recommended use agreement) • Required distance from path: minimum of 10 yards on each side • Use restricted to specific age groups: boys Ul 1 and girls Ul 1 TOWN OF TIBURON PAGE 4 OF 6 POST Meeting These policies are related to safety. A letter from SML delivered to staff on January 8, 2018 requested changes to the policy for Lacrosse, including raising the age limit for players (Exhibit 5). This letter was included as Exhibit 1 to a staff report presented to Council on February 7, 2018. At that meeting, Mayor Fraser indicated that the policy should be sent to POST for review (Exhibit 3). Currently, due to safety concerns. the age is limited to Ul 1 play. This limitation was agreed to by SML in 2011 when Lacrosse approached the Town requesting to use McKegney Field. At that time there were safety concerns with respect to the hardness of the ball and its velocity and how that might affect adjacent uses such as the bike path. Based on this, the Town and Southern Marin Lacrosse agreed to limit play to under 11 age groups, orient the field in the longitudinal direction, and require safety netting to be erected behind the goals and removed on the same day. This was a temporary agreement until the Town could further study the field use by Lacrosse. The Town then paid for a the TSMG study to accommodate the request by SML. That study also recommended Ul 1 play as well as the other above listed safety measures. The letter from SML (Exhibit 5) states, "We request the opportunity to explore and discuss additional options that would allow older Southern Marin Lacrosse teams to play on McKegney Field." Staff met with SML in December 2017, a year before this letter was written and discussed these issues and potential safety mitigations such as fencing the entire boundary of the play field with temporary fencing during play. The Town's letter of January 3, 2018 (Exhibit 6) noted, "if Southern Marin Lacrosse Club wanted to change this age limit, they should recognize the safety issue and propose what additional safety measures might be incorporated to address the Town's concerns." SML has yet to provide any proposals for additional safety measures. The official rules for US Lacrosse field set up require: "No spectators are allowed behind the end lines except in permanent stadium seating positioned behind protective netting or fencing." And Spectators must be kept back at least 4m (4.4 yds.) from the sidelines." McKegney Green is an open unfenced field with pedestrians passing on three sides. Unlike spectators, these pedestrians would not be expected to be watching the field and would be less prepared for a ball leaving the field. A lacrosse ball is harder and has a smaller contact area than a soccer ball. Because a lacrosse ball moves faster and is smaller than a soccer ball it has the potential to travel further at higher speeds. Staff found two official studies regarding speeds of lacrosse balls. One study recorded average shot speeds of 73 .2 mph for male and female players 1 7 to 25 years of age. Another recorded average shot speeds of 70 mph for high school students age 14 to 17. As a comparison, a meta-study of soccer players indicates players age 10 to 17 have average shot speeds of 33.3 mph. Perhaps the difference in lacrosse is best explained by two recommendations from US Lacrosse. The first is that all players wear helmets. The second is that every team or program should consider the purchase of an AED. This is due to the rare but potentially catastrophic phenomenon TOWN OF TIBURON PAGE 5 OF 6 POST 2018 in athletes that results in sudden cardiac arrest called commotio cordis. Commotio cordis occurs when a blunt blow to the area of the chest directly over the heart occurs during a precise moment of heart's cycle, leading to sudden cardiac arrest. Commotio cordis has killed high school and youth lacrosse players. It was because of the difference in the speed, hardness, contact area and potential travel distance that TSMG recommended the safety rules for SML play on McKegney Green. Staff recommends against any changes to these safety rules. FINANCIAL IMPACT The cost of maintenance of McKegney Green is estimated to increase by $45,000 annually. In addition, the field will need to be resodded every 8 to 10 years at an estimated cost of $280,000 or $35,000 per year. If fees for use of the field do not offset these costs, the costs will need to be absorbed by the General Fund. ENVIRONMENTAL REVIEW Staff has preliminarily determined that these policy changes are statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA. RECOMMENDATION Staff recommends that the POST Commission recommend to the Town Council: 1. Increase field reservation rates to $90/hour, with a 5-year holiday for TPSC at $60/hour. 2. Prohibit animals on McKegney Green. 3. Provide direction to staff regarding any changes to the Mckegney Green Field Use Policy with respect to priority of users. 4. Provide that TPSC will have priority use of the field during the spring 2019 season. 5. Maintain the current safety conditions with respect to Lacrosse play. Exhibit(s): 1. TC Res 2014-06-18 2. Staff Report 6-18-McKegney-Green-Use-Policy 3. Town Council 02.07.18 approved minutes 4. Mill Valley Fields Info Revised Jan 2 2015 5. SML Request to extend fundraise deadline for McKegney Green Project 6. 2018-01-03 letter to Jon Porter re Mckegney Green Prepared By: Patrick Barnes, Director of Public Works TOWN OF TIBURON PAGE 6 OF 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 fonnal 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: Doyle, Fraser, Fredericks, O'Donnell, Tollini NOES: COUNCILMEMBERS: None Tiburon Town Council Resolution No. 22-2014 0611812014 EXHIBIT NO. ----- TOWN OF TIBURON MClCEGNEY GREEN FlELD USE POLlCY ADOPTED BY TIBURON TOWN COUNClL JUNE 18, 20·14 rvrCKECJNEY GREEN FJELD USE POLlC'i' 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 infonned 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. 111 Establish rules, regulations, policies and procedures governing the use of McKegney Green 111 Ensure Tiburon peninsula residents have priority access to a facility supported by their tax dollars 111 Collect reasonable fees for the reserved use of McKegney Green in support of its ongoing maintenance and long-term improvement 111 Ensure that decisions regarding the use of the McKegney Green take into account the interests of the surrounding neighborhoods and residents 111 Limit organized sports use of McKegney Green to appropriate youth sports only 11 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. Town or Tlhuron Puhlic \Vorks j 1505 Tibuni11 Blvd .. Tiburo11, C/\ 94920 .t 15.435, ?~T~ l W\vw.rownoftiburon.org Adopted by Town Council 6/18/2014 ·-·----···----·--··------ 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 ofMcKegney Green shall abide by the following General Rules: (a} All exclusive (reserved) use of the Green must secure a Field Use Pem1it 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: (I) No alcohol or tobacco products are allowed. (2) No gambling or narcotics are allowed. (3) No portable barbeques, open fires, or fireworks are allowed. (4) No glass containers are allowed. (5) No rugby is allowed; golf is limited to classes offered by Belvedere-Tiburon Recreation (The Ranch) that use soft or whiffle-type golf balls. (6) No commercial vendors are allowed. Outside companies or individuals may not be used as concessionaires or vendors by user groups. User groups, with permission of the Town, may sell food and drink at cost. (7) No tents or canopies over 10 feet in height or over 100 square feet in area are allowed. Anchoring must not penetrate the ground surface. (8) No signs are allowed. Temporary banners are permitted during events provided: a. Banners must pertain to the event being held. b. No inappropriate messages may be displayed on the banners. (9) No amplified sound is allowed. Field Use Permit Required Field Use Permits are required for reservation (exclusive use) ofMcKegney Green. Field Use Permits are subject to fee and security deposit requirements, and are typically associated with organized youth sports activities such as soccer and lacrosse, Tiburon peninsula school use, and Town-sponsored or co-sponsored events. Permitted use of the Green more than three (3) times per year by any user Adopted by Town Council 6/18/2014 Towll ~1f Tiburon Public \)/orks l 1505 Tiburon Blvd.~ Tibtuon. CA 949.:?0 -~ l 5.·B5. 7~73 i www.townofrihuron.org 2 MCKEGNEY GREEN FJELD USE POLJCY group qualifies that group as a "recurring user". The Green is-generally closed from approximately-- November 30111 to March 15th for turfrecovery purposes. 1. RECURRING USE FIELD REQUEST PERMITTING McKegney Green requests for recurring organized youth sp01is 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 Pennit, an applicant must submit a field request form with the Tiburon Public Works Department at Town Hall. Field request forms may be found online at W'.:VW.townoftiburon.org. Requests for recurring field use are accepted beginning November 1 each year for the following March 15 through November 30 time period. Town responses to requests for field allocations will be provided by approximately November 30th. 2. NON-RECURRING USE FIELD REQUEST PERMITTING A field use reservation request for a non-recurring use (less than four times per year) must be made no fewer than ten (10) calendar days prior to the desired date(s) of use and prior to a permit being issued. Proof of insurance must be submitted prior to permit issuance. A deposit is due at the time of request submittal. 3. FIELD PRJORITY 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°/o 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 tem1s have the meanings as set fonh below: Non-Profit Eligibifity. To qualify for a field use reservation, organizations must provide a copy of their letter of non-profit status with their ID number. Payment with an organization's check is required. Town of Tiburon Public \Vorks l ! 505 Tiburon Blvd., Tiburon_ CA 949~0 Adopted by Town Council 6/18/2014 415.435.7373 l www.townL>fliburon.org 3 IvfCKEGNEY GREEN FlEl,D USE PC)LJCY Residency. A resident is a person res1Cffng with!n z!p-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 recuning 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 recuninguse youth sports organizations, the Town may determine to collect the fee prior to each sports season, quarterly, or through other schedule by mutual agreement. Failme 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 homly 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 pennit holder cannot use the Green due to unauthorized use by another party, the permit holder should contact the Town of Tiburon Police Department at 415- 789-2801. Town 1..'f Tiburon Public 'Norks ! 1505 Tiburon Bk<l., Tiburon. C;\ 9•19:W ·l l..:5.~3:5.7373 ; \\'\\'W.10\vnoftiburon.org Adopted by Town Council 6/18/2014 4 ,£~ '·\~"' -r MCKECiNEY GREEN FJELD L1SE POLICY C. The pem1it h-older will be respons1ble for all actions and omissions tllat !~es-ult-Tii damage caused by their attendees. If additional maintenance is required (in excess of nonnal services/time) to restore the premises, turf~ equipment, and/or property to reasonable use by others, the pennit 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 oflining. 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 pmk in Blackie's Pasture public parking areas and avoid neighborhood parking. Field users should post directional signs, if needed, to guide pm1icipants 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 pennitted 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 an1 or extend later than 9:00 pm. No field use is permitted after dark. 6. WET FIELD RULES Wet Field rules are hereby established to prevent bodily injury and damage to the field from inclement weather and/or unsafe playing conditions. Groups that use the McKegney Green field are expected to assist in protecting their participants and the field during periods of rain or inclement weather. Sports use of a wet or saturated field may cause extensive damage resulting in field closure and costly renovations. Groups shall abide by the Wet Field rules and preserve the life and condition of Town or Tiburon Public \Vor~~s ! 1505 Tiburon Blvd., Tiburo11, C:'\ 94t)20 -i l 5."l35. 7373 ! \\'W\\'.10Wnoftiburon.org Adopted by Town Council 6/18/2014 s MCKECJNEY GREEN Fl ELD USE POLTCY McKegney Green by not using it in wet conditions. The following rules apply to a period of rainfafl-, - 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 injmy 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 pern1it-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 415-789-2 800 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. Recuning Adopted by Town Council 6/18/2014 Town of Tiburon Public \Vorks \ 1505 Tihtir..Jn Blvd .. Tiburon, CA 9tl92( ·l 15AJ5.T;;?J ) v>'\'>'W.towrwftibur0t1.org 6 { / MCKEGNEY GREEN FIELD USE POLIC'i' users are required to provide a $ (000 refundable security deposTt-:-t11e-TO\:vn 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 pem1it 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 ofMcKegney Green. E. A statement acknowledging that the permit holder is not entitled to use the field until the Town Attorney has approved their evidence of insurance and that the Town disclaims responsibility for any accident, injury, liability, loss, or damage to persons or property as a result of unauthorized use of the field use ofMcKegney Green. 10. REFUNDS (a) Non-recurring users: For permitted events cancelled by the pem1it-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. Adopted by Town Council 6/18/2014 Town of Tiburo11 Public \.Vnrks 1505 Tiburon Blvd., Tiburo11 CA 94920 -ll5.-l35.7"!i7,C.. ! www.IOwn<'ftiburon t~rg ~,'~"' ·~~ MCKECiNEY GREEN FIELD USE POLJC'r' ,. Ca11ceffations must be made in writing and submitted to and received by the Public Works Departmentlil 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 recmTing user that result in the inability to use the field during othenvise 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 progran1, 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 pennit 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 pcnnit holder has done any of the following: 1. Violated any provision or requirement of approval imposed on the pennit 2. Violated any provisions of the law 3. With the actual conduct of the activity, threatened the preservation of the public health, safety or Town of Tiburon Puhlil.'. \Voiks ! 1505 Tiburon fih,l, Tiburon, CA 94920 ·l l 5,·US.7:17'.'-i l W\\'\\'.1ownof1iburL)n.org Adopted by Town Council 6/18/2014 MCKEGNEY GREEN FIELD USE POLIC'{ general welfare or unreasona61)1 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 detennines doing so is in the best interests of the Town. The Town Manager's interpretation shall be final. Town pf Tiburon Public \Vorks j 1505 'I 1buron Blvd., Tiburon. C.r\ 94920 Adopted by Town Council 6/18/2014 .t J 5..135.717:'~ i W\\'\\'.townoftibnrPn.or;' TOWN OF TIBURON Town Council Meeting June 18, 2014 Agenda I tern: xf,; _ ), To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of Town Council Community Development Department 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 ~ 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. In 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 spo1is season that allocated times to the TPSC, SML and St. Hilary School. That policy was carried over in large pari to the 2014 sports season, as a permanent policy was still under discussion. However, it becan1e apparent by early 2013 that with multiple organized spo1is users now requesting use of the Green on a reserved ar1d 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 .'.vianagement Group (TSMG), to prepare a repo1i and draft use and management policy. TSMG's final rep01iyvas 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. EXHIBIT NO. l'j_ Tovm OF TIBURON PAGE10F4 ANALYSIS The TSMG Report To\vn C~ou.nci.l Iv1ccting June 18, 2014 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 reseasch 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 tenns of a Temporary Agreement for recuning athletic field use of the Green, such as soccer or lacrosse clubs. Key findings and recommendations of the TSMG Repori 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 cuJTently 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 cunent levels of use and activity; not including long-te1m capital improvement funding for renovation, increased maintenance needs from expanded use, or increased administrative oversight needs if a fonnal 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 cunently 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 cunently exists for funding or programming of the long-term maintenance and improvement ofMcKegney Green. The Repori 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 pe1mitted by reservation include a) c01mnercial, 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- tenn improvements and upgrading of McKegney Green. TOWN OF TIBURON PAGE 2 OF 4 Tov;:i1 Council ~:leering June 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 spo1is 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 perfonned by the Public Works Department. POST opted for an hourly rate of $3 5, at the low end of the cost spectrum for nearby jurisdictions, which ranges from $30/hour to $95/hour. The Public Works Depmiment has begun keeping more detailed cost records for McKegney Green maintenance, and the policy sets f01ih a mandatory review by August 31, 2015 for the hourly rates and for the policy overall. Staff believes a mofo accurate hourly rate chm·ge 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 Subconunittee (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-reconunended policy include: >' A recurring user rate of $35/hour m1d a non-recmTing 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 N ovembcr to determine the allocation of field use hours by recurring users who have applied for specific field times. > A four-tier "priority rmlking" 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 m1d 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 mmmer for the 2015 spo1is season. ·~·--···---- TOWN OF TIBURON PAGE30F4 STAFFING AND RESOURCE ISSUES Tm:vn Council \kctiq; June 18, 2014 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 sununer of 2015 will afford an opportwlity to gauge the effort and resources required as well as the success of the Policy and its ease of implementation. RECOMMENDATION Staff reco1m11ends that the Town Council: 1. Hear and consider c01runents from interested persons. 2. Move to adopt the Resolution (Exhibit I) 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- recomrnended). 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 PAGE40F4 Town Of Tiburon MCKEGNEY GREEN FIELD USE POLICY REPORT & RECOMMENDATIONS PREPARED FOR TOWN OF TIBURON PUBLIC WORKS , T H E Sports l\1anagement G R 0 U P BY THE SPORTS MANAGEMENT GROUP 2607 7th Street, Suite B Berkeley, California 94710 510.849.3090 I www.sportsmgmt.com 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 ai:d charges. Key stakeholders and area service providers were interviewed, research conducted, and data compiled The product of this effort is a cornpcehensive policy for field use, fees, and scheduling primities. This report sumnarizes the research and finding that led to the policy recommendations. MGKEGN!EY GRErn 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 SC:ccer League. The McKegney Green Use Policy was estab:ished in 1991. The Policy requires that organized athletic events hold a field use permit issued by the Town. However, :he policy is outdated and a revision is necessary. 2013 THE SPOffi'S MANAGEMENT GROUP 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 pen'.1it). The Parks, Open Space and Trails Commission (POST) approved an i'nterim use field policy to accommodate the s;Jring 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. FIELD USE AGREEMENT l 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 PHHNSULA 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 their 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 Co;iches 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 se2son, and spring their clinic and conditioning time. The scl:edule 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 fror; 2-30 players for drop-in programs. There are times the fields are unused during the spring schedule. TPSL hosts ore tournament each year in August on McKegney Green. 2013 Tl JE SPORTS MANAGEMENT GR CUP SOUTl-IER!·& MARIN LACROSSE Sou them Marin Lacrosse (SML) has req nested 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 ifSMLcould adhere to the proposed policy requirement that 753 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 Recreaticn (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 commll'lity events. FIELD USE AGREEMENT 2 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, Tarnalpais Union High School District, the City of Mill Valley and the Town of Corte Madera. REHll Uf~ION SCMOOL DISTRICT Tiburon Peninsula Soccer League, Tiburon Peninsula Little League, and Tibum1 Girl's softball all have long history as users of district fields. Lacrosse requested field use; however there is no Geld space available for them and the lacrosse season com :)etes with the softball season. If there was field space a vailc. ble, the district expressed the need to address safety concerns with lacrosse playing adjacent to the school track. In 2005, the school d1strict contracted with a vendor for mowing and all fielc maintenance. Soccer, Little League, and softball organizations pay half the contractor costs through a Memorandum of Understanding (MOU). The cost is approximately $3'.',000 a year for mowing and $4,000 for fertilizing the four '.H:lds. There is a quarterly youth sport field users meeting to schedule and discus' field issues. Fields are closed from December to FebruJry. Reed School District has a "Community Partners" classification for youth groups that provide equal access to children within the Reed Union School District boundaries and can demonstrace that the majority of participants are resident of the Reec. Union School Distric.t. 2013 THE SPORTS MANJ'.;:;EMENT GROUP 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 $6,833 for a total of$20,500 or half the total cost. Group 2/Community Partner $30/hr $135/day Group3 Weekday $40/hr $180/day Group 3 Weekend $70/hr $300/day Hourly rate applied np 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 $50/hr synthetic field FIELD USE AGREEMENT 3 TOWN OF GOFlTE 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 Lelds according to staff. The residency requirement is that 503 of participants must reside in Marin County or 503 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 $95/hr Non-resident $110/hr CITY OF MILL VALLEY Lacrosse hes been a growth sport and SML has been a user of fields in Mi 11 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 Departme1; t staff report that field use by SML has not resulted in greater wear and tear on the fields than caused by soccer. The Facili'.ies Supervisor requires the rotating of goals to a void 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 prcvide field renovations. Under the terms of the agreemem, users pay a "block" rate for field use. 2013 THESP:RTS MANAGEMENT GROUP 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 753 or more of the participants are Mill Valley residents. Resident $40/hr Non-resident $56/hr Bulk User Rate $35/hr TOWM OF TIBUROM 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 $4,922connibution towards a new water filter system. Fl ELD USE AGREEMENT 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 tl:rough March 15 annually. J'.Jl3 Tl IE SPORTS MANAGEMENT GROUP / FIELD USE AGREEMENT 5 The development of a field use policy for McKegney Green must consider an umber of factors. These include scheduling options, maintenance and field monitoring, public safety, user fees, and additional staff resources dedicated to McKegney Green. SGHEDUUf~G The Town of Tiburon has several choices regarding the scheduling of McKegney Green field: Intensify the uses Establish priority ofuses 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 2013 THE SPORTS MANAGEMENT GROUP 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 close! y 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 concern.s with errant balls, specifically the hard balls used by lacrosse. During the interim agreement period, several conditions are required oflacrosse 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 C01"SIOERATIONS 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. FJELD USE AGREEMENT 6 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: 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 staffs 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-tear by TPSL use has been recouped by the Town through a billing to TPSL at the end of the budget year. This maintenance has be_en assessed in amounts ranging from $4,700 to a high of$9,753 and represent approximately 103 to 153 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 503 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 503 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 ofuse 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 req nests, 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. IL is recommended that a 303 charge be added to the base hourly rate to fund a McKegney Green Fields Capital Reserve Account making the "fully loaG.ed" 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 cohmm 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. FIELD USE AGREEMENT 7 Full Cost with $58.00 Reserve Fund TPSL 2013 Hours (Estimate) 10% Discount $52.20 203 Discount $46.40 30% Discount $40.60 Tampalais HS-Synthetic Field (Weekends Only) Mill Valley Corte Madera -Resident STAFF RESOURCES 559 $29,179.80 $25,937.60 $22,695.40 $50.00 $35.00 $9500 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 hours. TPSL time is reduced to create time for SML. 2013 THE SPORTS MANAGEMENT GROUP Field scheduling Billing and coilection Moderating conflicts 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. SUMMtmV 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 req nests now and in the future. The challenge for the Town is to establish public policy that is fair to users with an appropriate level ofuse for good stewardship of tl1e field. The intensification ofuse 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 McKegney 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 e1wironment The Town Manager or designee may waive any of the above items if they are inap;)licable to the proposed event FIELD USE AGREEMENT 8 The Town of Tiburon requires an updated McKegney Green In the case of the Town of Tiburon, establishing a policy field policy to address anticipated increased demand ~or addressing only resident use is justifiable due to the lack field playing time, while preserving the field for public use. of fields and the Town's priority to serve the needs of the The following policies and fees are recommended for staff residents. consideration. FIELD PRIORITY Only the following groups may reserve McKegney Green for use, and they shall be allocated according to the following priority: Groupl Group2 Group3 Town sponsored or co-sponsored events. Non-profit youth 01ganizations with a minimum of 75% of 94920 Zip Code participant residency on the field. Non-profit youth organizations with 50%-74% of 94920 Zip Code participant residency on the field. Residency is a common and justifiable Giterion 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' for non-resident organizations to utilize community resources and ultimately results in limited, if any, use. 2013 THE SPORTS MANAGEMENT GROUP TWO OR MORE EQUALLY EILIGIBLE 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: 1. 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. MON-PROFIT ELlGIBILITV To qualify for non· profit status, organizations must provide a copy of their letter of non-profi~ status with their ID number. Payment with an 01ganization's check is required. FIELDUSEAGREEMENT 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. MCKEGNEV 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 ;¥ith 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. 2013 THE SPORTS MANAGEMENT GROJP To address the need for funding, the McKegney Green Field Use Policy fee schedule includes a 303 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 tci 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: FEES Amortize the ca pi ta! 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 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 ofreserved field time. Bulk users are defined as users with on-going and reoccurring use of the field on a seasonal basis. 1. Bulk pen11itting is defined as more.than 6 uses per year and will be billed at the rate of $52.20 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. FlELD USE AGREEMENT 10 l. 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 REFUMD 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 elate 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. CAr~CELlll.TIONS 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 1003 offees paid less a $25 administrative fee. For activities crncelled by the field user 11-29 business days in advance, field user will be refunded 503. No refunds will be issued for cancellation within 10 business days of a scheduled activity. C&ncellations must be made in writing and submitted to and received by the Town Clerk's office to be entitled to receive a refund. 2013 THE SPORTS MANAGEMENT GROUP Ifit 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 rainou t 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 PRESH!\JATIOf~ POUGY 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. FIELD USE AGREEMENT 11 Assess field conditions daily and make 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 duling 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 Lo prov:de advance notice and reschedule use or provide a refund for cancelled scheduled time. WET FIELD POUCV The purpose of the policy is to guide the use of McKegney Green, and to preveilt 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 er inclement weather. 2013 THE SPORTS MANAGEMENT GROUP 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 closed to use at any time during rainfall. 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 al least 48 hours. A failure to abide by this policy may result in the revocation of the permit and/or the assignment oflast (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: 1. First offense: written warning and restitution for damages, if applicable FIELD USE AGREEMENT 12 2. Second offense: written notice of three day suspension and restitution for damages, ifapplicable 3. Written notice of termination of any existing permits, loss of future permit privileges, and restitution for damages, ifapplicable SUSPrnSIOM 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. 2013 THE SPORTS MANAGEMENT GROUP FIELD USE AGREEMENT 13 ,·,;· The field will be closed to rental groups annually for maintenance and recovery periods from Thanksgiving to mid March. Signage at McKegney Green should address the following rules and regulations: It is recommended that the followir.g 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) 2013 Tl lESPORTS MANAGEMENT GROUP Required distance from path: minimum of 10 yards on each side Use restricted to specific aee eroups: boys Ulland girls UH Practice field use for Spring season only FJELD USE AGREEMENT 14 . . UT~ ,~) .. {!\Tfl ('lt.-" 1 rl01L')ll "l]r''r)'ffi'] ·-l 1i ~ ~ . -_ •• .~ . l. _ L JL •. • f\/ICl<EGNEY GREEi\I ATHLETIC FIELD USE PERMIT REQUEST EVENT INFORMATION If you are requesting multiple dates or an on-going rental, please provide on separate sheet and attach. REQUESTED DATE RENTAL HOURS AM/PM - TYPE OF ATHLETIC EVENT: ESTIMATED ATIENDANCE: APPLICANT INFORMATION NAME EMAIL ADDRESS CITY STATE ZIP PRIMARY PHONE # SECONDARY PHONE# ROLE IN ORGANIZATION: ORGANIZATION INFORMATION NAME OF ORGANIZATION PRIMARY CONTACT CONTACT TITLE EMAIL CELL PHONE# OFFICE PHONE# ORGANIZATION ADDRESS CITY STATE ZIP ORGANIZATION NON-PROFITTAX ID# Town OfTiburon Public Works I 1505 Tiburon Blvd., Tiburon, CA 94920 415-435.7373 I www.townoftiburon.org REV. 08.08.13 AM/PM EVENT PLAN INFORMATION: Describe your plans for the following. PARKING & TRAFFIC CONTROL FIELD PREP: CLEAN-UP & RECYCLING: FIRST AID: WATER & SANriARY NEEDS: APPLICATION PROCESS 1. Applications must be on a form provided by the Town ofTiburon and submitted in person to the Town Clerk's 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 Green field. Your permit will be approved only after receipt of general liability insurance certificate naming the user group as primary, non-contributory in the amount ofS1 million. AGREEMENT By signing, you are agreeing to the below statement as well as the policies and procedures that govern 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 ofTiburon 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. I/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 APPLICANT DATE ~ \ I• t· .--' :. ~~. ;., I·, ',!, Google earth feet~ ... ..,_...,.., __ ................. m111 ........... 300 meters)iaoll_,,111111------------------100 2013 THE SPORTS MANAGEMENT GROUP FIELD USE AGREEMENT 18 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 3·30pm-7pm » Tuesday, Thursday and Friday from 3·30pm to Spm » 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-lSpm to 7pm » Girl U9 and Boys Ulland younger age groups perrnitted >> Safety netting will be erected behind the goals and removed on the same day >> SML will pay for the use of the field at an initial rate of $60 per hou; SHS is granted field use on Wednesday from 3-30-7pm >> SHS will pay $60 per hour. 2013 THE SPORTS MANAGEMENT GROUP APPENDIX introduct~on The Town ofTiburon (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 are a 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 ofTiburon Require that appropriate sports are permitted on McKegney Green Field Maintain the safety of the field conditions and preserve. the quality of tr.e athletic field as a Town resource Perffiit Hequired 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 ofTiburon Municipal Code Section 18, the Town Manager or designee is authorized to issue field use permits. 1. FIELD USE PERMITIING McKegney Green field space requests for repeated, organized use are considered once per year for the following year. Field space is awarded on a priority basis at the beginning of each winter period for the following year, Mar:h -November. To apply for a McKegney Field Use Permit, an applicant must submit a field request form to the Town Clerk's 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 ciays prior to the desired date(s) of use and prior to a permit being issued. Proof of insurance must be submitted prior to permit issue. Deposit is oJe at the time of request submittal. Town Of Tiburon Public Works j 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 I www.townoftiburon.org REV.080813 PG 1 [\~Cl<EG~H:'.Y GREEN 1-\THLET~C 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 2: 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 wiil 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 OfTlburon Residency A resident is a person residing within Zip Code 94920. 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 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, fo·-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 $58, 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 Wo:ks I 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 I www.townoftiburon.org REV. 08.08.13 PG 2 • . ' 7. DEPOSITS A refundable deposit of 5100 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 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 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 51 million. The Town ofTiburon 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 ofTiburon, 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 (5·1, 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 ofTiburon 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 Field Use Permit and team roste· 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 al 415-789-28(11. Town Of Tiburon Public Works\ 1505 Tiburon Hlvd., Tiburon. CA 94920 415.435.7373 \ www.townoftiburon.org REV. 08.08, 13 PG3 • . , . MCl<EG!\IEY GREE[\] ATHLETIC FIELD USE POLICY -ATHLETIC EVENTS The permit holder wili 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. Field may be lined prior to permitted group use. Water-soluble spray paint is the only permitted means of lining a field. Soccer and lacrosse t;oals 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. I~ 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 pa1ticipants 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. 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 8:00am 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. 1 O. GENERAL MCKEGNEY GREEN FIELD RULES All ofTown ofTiburon Municipal Codes/Regulations apply to the field. All organized athletic organizations must obtain approval for use from the Town ofTiburon 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. 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 f.eld. Amplified sound is not allowed on field without Town approval. Town Of Tiburon Public Works I 1505 Tiburon Blvd. Tiburon, CA 94920 415.435.7373 [ www.townoftiburon.org REV. 08.08.13 PG4 f\/tCl<EGNEY GREEN /-\THLET~C !=IEL.D USE POLICY -.L\THLETIC 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 $25 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 ofTown 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 ofT own-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 Hepresentative 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 poss1:::ile, 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 a;id participants. 2. Replace turf divots at the end c-f 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. 5. Report field hazards and/or emergencies to Public Works at 415-435-7354. 6. No tarps or material, which ma"' damage the grass, may be placed on the turf. Any turf coverings used must be made of a breathable material. Town OfTiburon Public Works I 1505 T1~1uron Blvd., Tiburon, CA 94920 415.435.7373 I www.townoftiburon.oru REV. 08.08.13 PGS • . · MCl<EC1f\Jf.Y GREEf\l /HHlET~C 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 ofTiburon 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 ofTiburon reserves :he right to cancel any reservations (permits) for field use for any of the following reasons: Conflicts with Town soonsored 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, est2bl1shed 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 for violations of Field Use Allocation Policy: l 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 terr1ination of any existing permits, loss of future permit privileges, and restitution for damages, if applicable Town Of Tiburon Public Wock': 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 I www.townoftihuron.org REV. 08.08.13 PG6 ~ -.- 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 Manager's interpretations shall be final. Town Of Tiburon Fublic Works\ 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 \ www.townoftiburon.org REV. 08.0813 PG7 TOWN OF TIBURON MCKE6NEY' 6REE~ FIELD USE :POLICY' POST'=·RE<COMMiENDED DIRSJ\fl' APRIL 30v 2014 EXHIBIT 8 (.;. 1 MCKEGNEY GREEN FIELD US.E POLICY Introduction The Town of Tiburon is dedicated to nu1turing 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 Tovm 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 pennitted 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-tenn improvement • Ensure that decisions regarding the use of the McKegney Green take into account the interests of the surrounding neighborhoods and residents • Limit organized sports use of McKegney Green to appropriate youth sports only • Maintain the safety of the field conditions and preserve the quality of the Green as a Town resource Non-Permitted Uses ofMcKegney Green Commercial, for-profit, and/or enterprise uses; conunercial vendors; private events; adult sports teams; and simultaneous mixed sports uses are not allowed. Town of Tiburon Public \Vorks j 1505 Tiburon Blvd., Tiburon, CA 9'1920 415.435.7373 I ww\v,to\vnoftiburon.org POST-Recommended Draft 4/30/2014 l 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 Pem1it. Typical uses of this nature include sunbathing, picnicking, kite-flying, casual Frisbee-throwing, dog-walking (on-leash only), and similar uses. No fee or permit is required for such use. General Rules for McKegney Green Use Users ofMcKegney Green shall abide by the following General Rules: (a) All exclusive (reserved) use of the Green must secure a Field Use Permit in advance. (b) No person shall use McKegney Green when it is posted "Field Closed". (c) Applicable Tiburon Municipal Code provisions shall be obeyed. (d) No unauthorized vehicles shall enter the :field area or drive on the grass or paved walkways. ( e) Prohibitions on McKegney Green: (1) No alcohol or tobacco products are allowed. (2) No gambling or narcotics are allowed. (3) No portable barbeques, open fires, or fireworks are allowed. (4) No glass containers are allowed. (5) No rugby is allowed; golf is limited to classes offered by Belvedere-Tiburon Recreation (The Ranch) that use soft or whiff1e-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 baimers are permitted during events provided: a. Banners must pe1iain 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 Pem1its 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 ToV\'11-sponsored or co-sponsored events. Pennitted use of the Green more than three (3) times per year by any user Town of Tiburon Public Works I 1505 Tiburon Blvd., Tiburon, CA 949]0 415.435.7373 ! ww1,v.townoftiburon.org POST-Recommended Draft 4/30/2014 2 MCKEGNEY GREEN FIELD USE POI.ICY group qualifies that group as a "recuning user''. The Green is generally closed from approximately November 30th to March 15th for turfrecovery 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 fonn with the Tiburon Public Works Department at Town Hall. Field request fom1s may be found online at vv1vw.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 pennit 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 tem1s 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 Town of Tiburon Public Works I ]505 Tiburon Blvd., Tiburon, CA 9'1920 415.435.7373 I www.tO\vnoftiburon.org rv!CK.EGNEY GREEN FJELD USE POLICY Reside11cy 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 pennit 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 Pem1it. 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 Pem1it 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 cam1ot use the Green due to unauthorized use by another party, the permit holder should contact the Town of Tiburon Police Department at 415- 789-2801. Town of Tiburon Public Works [ 1505 Tiburon Blvd., Tiburon, CA 94920 4 15.435. 7373 I www.townoftiburon.org POST-Recommended Draft 4/30/2014 4 i\!!CKEGNEY 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 prope1iy to reasonable use by others, the permit holder shall be charged accordingly. D. Verified complaints regarding a pen11it 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 311 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 lmit (or similar object) on or around a field without written approval from the Town. J. Users must pick up aJ1d 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 311d preserve the life and condition of POST-Recommended Draft 4/30/2014 Town of Tiburon Public Works I 1505 Tiburon Blvd, Tiburon, CA 94920 415.435. 7373 1 www.townoftiburon.org 5 MCKEGNEY GREEN FIELD USE POLICY McKegney Green bynot using it in wet conditions. The following rules apply to a period of rainfall, an over-watered field and/or iITigation 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. Pen11its 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 baJe 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 hazaJds 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 POST-Recommended Draft 4/30/2014 Town of Tiburon Public Works I I 505 Tiburon Blvd., Tiburon, CA 94920 4 J 5.435. 73 73 I W'\.vw.to\vr;oftiburcn.org 6 MCKEGNEY GREEN FJELD USE POLICY users are requrred-to-provide a $1~000fefundable security deposit. The Towii.-mayretain-aT1o1~arf:------­ 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 REQillREMENTS 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, hannless from any claims, liabilities, losses or expenses arising from use ofMcKegney Green. E. A statement acknowledging that the permit holder is not entitled to use the field until the Town Attorney has approved their evidence of insurance and that the Town disclaims responsibility for any accident, injury, liability, loss, or damage to persons or property as a result of unauthorized use of the field use ofMcKegney Green. 10. REFlJNDS (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 clays in advance, no refund will be issued. Town of Tiburon Public Works I 1505 Tiburon Blvd., Tiburon, Cto 94920 415.435. 7373 l WW\\'.townoftiburon.org POST-Recommended Draft 4/30/2014 7 MCKEGNEY GREEN FJELD USE POLICY Cancellationsmust be made ln-Writin-g and submitted to and received by the-Public Woi=ks Depaiimerit 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 f-t1ll refund for the rained-out date will be made available. (b) RecmTing users: Recuning 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 ~lose the Green and/or limit po1iions 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 pennit holders. 12. SUSPENSION OF PERMIT /VIOLATIONS A. The Tovm 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 Town of Tiburon Public Works 11505 Tiburon Blvd., Tiburon, CA 94920 41 :5.·135.7373 I www.townoftibnron.org MCKEGNEY GREEN FIELD USE POLICY general welfare or umeasonably interfered with the use and enjoyment of other prope1iy 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 In1proven1ents 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 mear1ing 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 or Tiburon Public Works [ 1505 Tiburon Blvd., Tiburon, CA 94920 415 435.7373 I www.townoftiburon.org TOWN OF TIBURON 1505 Tiburon Boulevard Tihuron, CA 94920 Parks, Open Space&: Trails Commission Meeting September 17, 2013 Agenda Item: 1 ·:STAF:RREPORT·. ·. . . . ........... -. ·":·.-..... ._ · · To: From: Subject: BACKGROUND Members of the Parks, Open Space & Trails Commission Community Development Department Public Works Department 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 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 accommodation 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 ef: orts 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 PAGE10F4 .EXHIBIT Parks, Open Space & Trails Com111issio11 Meeting September 17, 2013 this nature is the role for the POST Commission, with the final decision being made by the Town Council. ANALYSIS 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 amrnal 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, 01' 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! 0% 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 cl) 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 ISSUES PJrks, Open Space&: Trai1s Commission :v!ceting September 17, 2013 Proposed lwul1)' 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. EfigibiHt,y, PrioJit,y & Residencx Requh-ements 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 7 5% 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. StaJJ'AdmiJ1istration. 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 no1 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 P~1i-l<s, Open Six1cc & Trai1s (om mission i'vlccling Scplcrnbcr l7, 2Cll3 RECOMMENDATION Staff recommends that the Commission: } , 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: Exhibit 2: Prepared by: McKegney Green Interim Use Policy dated March 2013 McKegney Green Field Use Policy---Report and Recommendations, prepared by The Sports Management Group, August 8, 2013 (previously distributed to POST)· Scott Anderson, Director of Community Development Nicholas Nguyen, Director of Public Works/Town Engineer S:\Planni11g\POST\Staff Reports\2013\September\Mckegney Green Use Policy report.doc TOWN OF TIBURON PAGE40F4 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. 2. 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 :3 0 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 granted field use on Tuesday, Thursday and Friday from March 15th to May 27th from 5: 15 PM to the later of dark or 7 PM. g. SML will limit their players to girls, U9 and Ul 1 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. E}~fIIBIT NO._L 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 ·---7> 1. McKegney Green Use and Management Policy. • Director Anderson presented the staff report. • Lauren Livingston of The Spo1is 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 9110 year old girls. •· He appreciated the CIP surcharge and is accepting of the proposed hourly fee. • He wants to work in conce1i 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. ADJOURNMENT 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: u SCOTT ANDERSON, SECRETARY (ACTING) Tiburon Parks, Open Space & Trails Commission Minwes September 17, 2013 Page 2 EX!-'IIBIT D Parks, Open Space & Trails Commission Meeting November 19, 2013 Agenda Item: 2 STAFF REPORT To: From: Subject: BACKGROUND Members of the Parks, Open Space & Trails Commission Community Development Department Public Works Department 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) 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 cormnittee 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 Drafl 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 30111 to March 15 for turf recovery purposes. 3. An hourly rate charge established for all "reserved" use, based on cost recovery prop01iional 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 E Pctrks, Open Sp~Kc &: Tc-coils Commission :vlccting '\fo\cmbcr 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 (seep. 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 spo1is leagues with 50% to 75% resident participation on the field are fou1ih priority. Conflicting field use requests of equal priority would be decided by the Town Manager (or designee); sp01i 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 spo1is 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 !\irks, Op:.:n sp~1cc & TL1ils CL"1rnrnission .\lceting :\'member 19, 2013 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 evaluation after 12 months of operation under the policy will afford an opportunity to gauge the effoti and resources required. 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. 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:\Pla1111ing\POSnS1qtf Rcpor!s\2013\November\Mckegney Green Use Policy report 11-2013.doc TOWN OF TIBURON PAGE30F3 ·~ 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 Minturn, TPSL President, acknowledged the competition for field space within Marin Cotmty. 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 $ 5 O/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 supp01ied 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 Page2 F • 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 aninterim policy based on the adopted2013 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. Isl 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 Parks, Open Space & Trails Commission Special Meeting April 30, 2014 Agenda Item: 2 STAFF REPORT To: From: Subject: BACKGROUND Members of the Parks, Open Space & Trails Commission Community Development Department 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) Due to the cancellation of the April 15, 2014 POST meeting, this item was automatically carried over to the April 30th meeting agenda. The staff report from the April l 51h 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. 3. 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 1OF1 }~X~HIBIT TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Parks, Open Space&'. Trails Commission Special Meeting April 15, 2014 Agenda Item: 2 STAFF REPORT . . To: From: Subject: BACKGROUND Members of the Parks, Open Space & Trails Commission Community Development Departmentt 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) 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 plaiming 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 11011-recuning 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 tlu·ough this process. During the interim, staff believed it prudent to recommend adoption of fees near the lower end charged by neighboring TOWN OF TIBURON Parks, Open Space & Trails Commission lvlecting April 15, 2014 communities, which range from $35/hour in Mill Valley to $95/hour in Corte Madera, with most Iates 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 ofrevenue. 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 oppo1iunity 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. EXHIBITS 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 USE POLICY Introduction The Town of Tibmon is dedicated to nurturing healthy lifestyles, preserving neighborhood quality of life, and protecting the Town's park resources. The Town acknowledges that spo1is 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 supp01ied by their tax dollars • Collect reasonable fees for the reserved use of McKegney Green in support of its ongoing maintenance and long-term improvement • Ensure that decisions regarding the use of the McKegney Green take into account the interests of the surrounding neighborhoods and residents • Limit organized sports use of McKegney Green to appropriate youth sports only • Maintain the safety of the field conditions and preserve the quality of the Green as a Town resource Non-Permitted Uses ofMcKegney Green Commercial, for-profit, and/or enterprise uses; commercial vendors; private events; adult spmis teams; and simultaneous mixed sports uses arc not allowed. Town of Tiburon Public Works 11505 Tiburon Blvd., Tiburon, CA 9~920 415.435.7373 I www.townoftiburon.org Draft 3/30/2014 EXJ-IIBIT NO. l ---'--- ,'('\\ ···\_,Y 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 Pem1it 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 ge-lf-Oi= rugby isft:f€ allowed: golf is limited to classes offered bv 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 Pem1its are required for reservation (exclusive use) ofMcKegney Green. Field Use Pennits are subject to fee and security deposit requirements, and are typically associated with organized youth spo1is activities such as soccer and lacrosse, Tiburon peninsula school use, and Town-sponsored or co-sponsored events. Permitted use of the Green more than three (3) times per year by any user Town of Tiburon Public Works I 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 I www.townoftiburon.org Draft 3/30/2014 2 MCKEGNEY GREEN FTELD USE POLICY group qualifies that group as a "recuning user". The Green is generally closed from approximately November 30th to March 15111 for turfrecovery 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 foims 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 tlu·ough 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 :QNon-profit youth sp01is organizations with more than 75% 94920 zip code paiiicipant 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 detennining 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 "spmi in season". As used in this policy, the following terms have the meanings as set forth below: Non-Profit EligibHity. 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 j 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 I \V\VW.tO\vncftiburon.org 3 f'"7J'"'I Jl 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. 4. FEES The standard field rental fees are as follows: $35 per hour for recuning users, and $40 per hour for non- recurring users. These rates are is $60 per hour subject to review and adjustment bv 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 ofreserved field time. Twenty-five percent (25%) of the hourly rate re:µtal 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 transfeued, 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 paiiy, the pennit holder should contact the Town of Tiburon Police Department at 415- Town of Tiburon Public Works 11505 Tiburon Blvd., Tiburon, C,\ 9·19:?.0 415.435.7373 I www.townoftiburon.org Draft 3/30/2014 4 MCKEGNEY GREEN FIELD USE POLICY 789-2801. C. The permit holder will be responsible for all actions and omissions that result in damage caused by their attendees. If additional maintenance is required (in excess of normal services/time) to restore the premises, turf, equipment, and/or property to reasonable use by others, the permit holder shall be charged accordingly. D. Verified complaints regarding a permit holder's activity noise level, litter and debris, and/or disregard of parking regulations could lead to suspension or revocation of a pem1it 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 pem1itted 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. Sp01is use of a wet or saturated field may cause extensive damage resulting in field closure and costly Town of Tiburon Public Works I 1505 Tiburon Blvd., ·:·iburon, CA 94920 4 l 5.cl-35.7373 I www.townuftiburon.org Draft 3/30/2014 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 4 lS.435.7373 j \VWW.townoftiburon.org 6 MCKEGNEY GREEN FIELD USE POLICY users are required to provide a $1,000 refundable security deposit. The Town may retain all or pmi 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 thi1iy (30) days of the date of invoice. Unpaid fees will make the user group ineiigible to apply for field use until the unpaid amount is settled in foll. 9. INSURANCE Al\TD 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-recmTing users: For permitted events cancelled by the pennit-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 Town of Tiburon Public Works I 1505 Tiburon Blvd., Tiburon, CA 94920 41.5.435.7373 I www.townoftiburun.org Draft 3/30/2014 7 MCKEGNEY GREEN FTELD USE POLICY to and received by the Public Works Department in order to be entitled to receive a refund. Ifthere 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) Recuning users: Recuning 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 effo1i 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 Town of Tiburon Publ:c Works 11505 Tiburon Blvd., Tiburon, CA 94920 4-15.435 7373 I ww1,.v townoftiburon.org Draft 3/30/2014 MCKBGNEY GREEN FTELD 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. Town of Tiburon Public Works I 1505 Tiburon Blvd., Tiburon, CA 94920 415.435.7373 I www.townoft1buron.org Draft 3/30/2014 --?-7' 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 repo1i. • Ad-hoc Committee member and Vice-Chair McMullen provided the ad-hoc Committee repo1i 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 ofreasons such that it could go into effect in 2015. • Mark Minturri, 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 recurring 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 lhat 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 H TOWN COUNCIL SPECIAL & REGULAR MEETING MINUTES SPECIAL MEETING -6:00 P.M. On February 7, 2018, the Council held a special meeting as follows: CALL TO ORDER PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: ORAL COMMUNICATIONS There were none. OATH OF OFFICE Fraser, Fredericks, Kulik Thier, One Vacant Seat Town Manager Chanis, Town Attorney Stock, Director of Public Works/Tmvn Engineer Barnes, Director of Community Development Anderson, Director of Administrative Services Bigall, Town Clerk Stefani The Town Clerk administered the Oath of Office to Councilmember Jon Welner, and he took his seat on the dais. PUBLIC HEARINGS PH-I. Hawthorne Undcrgrounding -Conduct public hearing, count ballots, and consider adoption of resolution confirming assessments or abandoning proceedings (Ortice or the Town Manager) The Town Manager said the Council will hold a Public Hearing on this item tonight. He said the Mayor will clearly indicate when the Public Hearing is closed, and only ballots received prior to the closure of the Public Hearing will be counted. He said property owners may change their vote prior to the end of the Public Hearing if they wish. Chan is said the Town Council will recess for the vote tabulation, which will occur in the adjoining conference room. He said the district engineer and staff will conduct the vote count. and bond counsel and the Town Attorney will observe. He said that while this process is open to the public. space is Ii m ited, and therefore. the vote count wi 11 be projected in real ti me on the screen in the Council Chambers for everyone to follow along. /o11 n C111111cil !\fi1111/es 11 03-2017 Fehmwy 7. 2018 !'11ge I EXHIBIT NO. '1i Aller the vote count is complete, the Council will reconvene and staff and bond counsel will report the vote results. Chanis said the Council will then have the opportunity to deliberate prior to adoption of the appropriate resolution based on the outcome of the vote. Chan is reviewed a tentative timeline of the project if there is not a majority protest and the Council proceeds with the project. I-le said staff would not anticipate starting construction until Spring or Summer 2019, and briefly reviewed financing information for property owners. He also reminded property owners of their responsibility to install the lateral connections before the poles are removed. Mayor Fraser opened the Public Hearing. Elena Stephens, Hawthorne Drive, spoke in support of the safety, reliability and aesthetic benefits of the project. Robert Chandler, Hilary Drive, spoke in opposition to the project and said he could not afford the assessment, and would likely have to sell his home. Richard Sideman, Mara Vista Court, spoke in support of the safety benefits of the project. Diane Newman, Hawthorne Drive, said she was aware of several ballots getting lost in the mail and expressed concern about votes not being received. Barb Elliot, Hilary Drive, questioned why the district engineer's firm is involved with the ballot tabulation and asked if it was a conflict of interest. Park Allen, Hilary Drive, spoke in support of the project. Mayor Fraser closed the Public Hearing, and asked staff to comment on the question raised about the engineer conducting the vote count. Chanis said the firm has done hundreds of similar projects, and has significant experience 111 conducting a vote count like this one. He said staff will be involved in the vote count. and 1n addition, the vote count will also be observed by bond counsel and the Town /\t!orney. The Council went into recess for the vote tabulation at 6:25 p.111. The Council reconvened at 7:30 p.m. The Town Clerk and bond counsel reported the results of the vote count: I 01 ballots were tabulated. representing a total assessment amount of $10,487,012.88. 54 ballots were counted in favor. representing a total assessment amount of $5,538,526. 15 and 52.8%i. 47 ballots were counted in opposition, representing a total assessment amount of$4.948,486.73 and 47.2°/ci. 6 ballots that were received were not tabulated for reasons including an inability to validate signatures. duplicate ballots with opposite votes. or ballots without a vote marked. There was not a majority protest. Bernd Foll'!? Co1111ci/ :lli1111/es '(03-1017 Fehmarv 7, 10 I 8 counsel further explained that these unverifiable ballots would not have changed the outcome of the vote. The Mayor called for a motion. MOTION: Moved: VOTE: Adopt the Resolution Making Determinations, Confirming Assessments and Proceedings and Designating the Superintendent of Streets to Collect and Receive Assessments and to Establish a Special Fund for Town of Tiburon Assessment District No. 2017-1 (Hawthorne Undergrounding District). Fredericks, seconded by Welner A YES: Fraser, Fredericks, Welner DISQUALIED: Kulik, Thier ADJOURNMENT-to regular meeting REGULAR MEETING -7:30 P.M. Mayor Fraser called the regular meeting of the Tiburon Town Council to order at 7:40 p.m. on Wednesday, February 7, 2018, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNClLMEMBERS: ABSENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: ORAL COMMUNICATIONS Fraser, Fredericks, Kulik, Thier, Welner None Town Manager Chanis, Town Attorney Stock, Director of Public Works/Town Engineer 13arnes, Director of Community Development Anderson, Director of Administrative Services Bigall, Management Analyst Creekmore, Town Clerk Stefani Eric Artman asked the Council to consider designating an existing 'Loading Zone· on Main Street into a handicapped parking space. PRESENTATION P-1. Mayor's Proclamation -Police Commendation The Mayor presented a proclamation of commendation to Detective Russell Stiverson and Sergeant Shane Ford of the Tiburon Police Department, and thanked them for their excellent police W\lrk on a recent burglary case. Tm1'17 Co1111ci/ .\/i11111es /'03-2017 Fehmmy 7. 20 I 8 CONSENT CALENDAR CC-1. CC-2. CC-3. CC-4. Town Council Minutes-Adopt minutes January I 0, 2018 special meeting ('fown Clerk Stefani) Town Council Minutes -Adopt minutes of January 17, 2018 special and regular meetings (Town Clerk Stefani) Town Signature Authority-Adopt resolution authorizing check signing authority to reflect changes in the composition of the Town Council (Director of Administrative Services Bigall) IT Coordinator -Authorize IT Coordinator staff position and shared services agreement (Department of Administrative Services) Councilmember Fredericks asked to remove Consent Calendar Item No. CC-2 for discussion. MOTION: To adopt Consent Calendar Items I, 3-4, as written. Moved: Thier, seconded by Fredericks VOTE: A YES: Unanimous CC-2. Town Council Minutes -Adopt minutes of January 17. 2018 special and regular meetings (Town Clerk Stefani) Councilmember Fredericks amended Page 8, Paragraph 6 to read: "Councilmemher Fredericks believed the Council should take into consideration ... ". MOTION: To adopt Consent Calendar Item 2, as amended. Moved: Thier, seconded by Kulik VOTE: A YES: Unanimous PUBLIC HEARINGS PH-1. Tiburon Tourism Business Improvement District Conduct public hearing to: a. Consider any protests to continue TTBID assessments a" set forth 1n Resolution No. 01-2018 b. Consider adoption of resolution to continue TTBID assessments as set forth in Resolution No. 01-201 8 Town Manager Chan is said the Council adopted a resolution of intent at their previous meeting to continue levying assessments on the lodging establishments in Tmvn to continue fi.1nding the Tiburon Tmrn ( '011nci/ .\!i1111/es !'1!3-20 I 7 Fehrnwy 7. 2018 /'uge ./ Tourism Business Improvement District. He said tonight is the required public hearing for the Council to consider any protest associated with the district, and if there is none, the Council may continue to levy the assessments fiw another year. Chan is added that the assessments help to fund Destination Tiburon and both lodging establishments have representation on the board of Destination Tiburon. Mayor Fraser opened the public hearing. There was no comment. MOTION: Adopt the resolution to Collect and Levy Assessments to fund the Tiburon Tourism Business Improvement District. Moved: Fredericks, seconded by Thier VOTE: A YES: Unanimous ACTION ITEMS AI-1. Town Council Board and Committee Assignments -Adopt updated list of Town Council committees and board representations for 2018 (Mayor Fraser) Town Clerk Stefani said members of the Council are appointed to serve on a variety of local and regional boards and committees and a number of Town ad hoc subcommittees. She said it is now timely for the Council to conduct its annual review of the appointments and make any changes or fill any vacancies for the coming year. Mayor Fraser said he would like Vice Mayor Kulik to serve on the Town Budget ad hoc subcommittee with him. The rest of the Council agreed. State and Regional Agencies Councilmember Welner volunteered to serve as Alternate to the Association of Bay Area Governments, and as Delegate to the Marin Clean Energy Board of Director'>. Councilmember Thier volunteered to serve as Delegate to the Community Development Block Grant Priority Setting Committee, and as Alternate to the Marin Emergency Radio Authority Board. Vice Mayor Kulik volunteered to serve as Alternate to the Richardson Bay Regional Agency Board. Town of Tiburon Ad Hoc Subcommittees Mayor Fraser volunteered to serve on the McKegney C:Jreen Renovation ad hue subcommittee. Councilmember Fredericks volunteered to serve on the Utility Undergrounding Assessment District Policy ad hoc subcommittee. Councilmember Welner expressed interest in forming a new ad hoc subcommittee for technology usage and turning the ad hoc subcommittee to study the Martha project into a o,tanding committee on /m1·11 Council J/in11tes !!03-2017 Fehnwrr 7, 2018 Page 5 which he could join. Staff and Council determined both requests could be handled at a later date. MOTION: To adopt the Town Council Committee Appointments List, as revised. Moved: Fredericks, seconded by Thier VOTE: A YES: Unanimous Al-2. McKegney Field -Receive update on the McKegney Field Improvements Project and authorize staff to put the project out to bid (Office of the Town Manager/Department of Public Works) Director of Public Works/Town Engineer Barnes summarized previous Town Council actions taken on this project. He said the Council had agreed on a strategy to fund the $1.8 million field by sharing the cost with private entities. Barnes said the local soccer and lacrosse clubs had come forward willing to fundraise the required $400,000. The Town Council subcommittee recommended the soccer club fundraise $300,000 (and be allotted 7SCYci of playtime on the field), and the lacrosse club fundraise $100,000 (and be allotted 25% of playtime). Barnes said the design is complete, the project is ready to bid, and the soccer club has guaranteed the total fimdraising amount. He recommended the Council authorize putting the project to bid. Vice Mayor Kulik asked Barnes to clarify if the soccer club is guaranteeing the total $400,000 amount or only their $300,000 portion? Director Barnes said the soccer club has already raised $300,000, and has guaranteed the total $400,000. Mayor Fraser opened the floor for public comment. John Porter, Southern Marin Lacrosse Club, expressed concern about the fundraising process and said it was not clear how the lacrosse club would benefit from the proceedings as the club has not been able to raise the agreed-upon $100,000. Mattias Kodzoman, Tiburon Peninsula Soccer Club. said the soccer club could guarantee the $400,000 fundraising and hoped the Council would approve proceeding with the project. Mayor Fraser closed the floor. Councilrnember Fredericks said she supported putting the project to bid. but expressed concern about the possibility that bids come in at a cost higher than the estimate. Councilmember Welner inquired about the existing use policy. Director Barnes clarified that the field is closed for league play during the winter months, and unless tlw field is reserved in advance for sports, the field is open for play for anyone. Fredericks inquired further if use of this field will be more constrained for maintenance purposes, and if the field will be available for both sports and general use. Banws explained the field is open Tmm Cn1111ci/ Minutes '03-2017 Fehmmy 7. 21! J 8 for use as long as it is not too wet to play on. He said the field is not used for sports purposes often outside of league play, and the general use of the field docs not cause as much wear on the field. Director of Community Development Anderson clarified further that the existing use policy is a permit process. For example, sports leagues arc required to submit an application to reserve the field, and define the days and hours it will be used. Anderson said the use policy was developed for a different field, and suggested a review of the use policy prior to completion of the field. Mayor Fraser suggested putting the use policy on a Parks, Open Space and Trails agenda and consider an updated policy reflective of the investment in the field. MOTION: To authorize staff to put the McKegncy Green renovation project out to bid. Moved: Thier, seconded by Fredericks VOTE: A YES: Unanimous AI-3. Bench Plaque Exemption -Consider exemption request for bench plaques on Town property (Office of the Town Manager) Town Manager Chan is said the Trestle Trail project is now nearing completion, and staff received a request from the Trestle Trail organizing committee for exemption to a long standing Town practice to not allow memorial benches. He said the Council had approved inclusion of 4 benches (without plaques) in the original design. Chan is added that the Council had also approved memorial plaques to be embedded in the timbers of Trestle Trail and a donor-dedicated sign at the site. The Town Manager explained the Town's policy on memorial naming does not specifically address memorial benches, but a standard letter issued upon inquiry by the Heritage & Arts Commission does specifically indicate the Town does not permit memori;il benches. He further clarified that while there is no specific policy that prohibits memorial benches, it has been a long standing practice for at least 20 years to not allow them. He said this request was first heard by the Heritage & Arts Commission, which voted in favor of the exemption. Jim Wood, Trestle Trail organizing committee. said the committee was requesting approval of four memorial plaques on the backs of benches. lie said they would be similar in appearance to the plaques already approved by the Council. Mr. Wood believed the Trestle Trail donors qualify for naming rights, as the standards are outlined in the existing Town policy. He further spoke in support of the project memorializing Tiburon·s railroad history. Vice Mayor Kulik asked about the content of each plaque. Mr. Wood replied that the plaques could have the donor's name and a quote to enrich the plaque, to be approved by the Town. Council member Thier thanked Mr. Wood for his work and the work of the organizing committee on the Trestle Trai I project. Mayor fraser opened the floor for public comment. There wac-none. /'011'!7 Cu1111ci/ .\fi1111/es '!03-20 I 7 Fehm11n I. 20 I 8 Page 7 Councilmember Fredericks believed the Town·s practice to not allow memorial benches was appropriate, and said historical practices are not always memorialized in policy. She said this exception might not generate the same concern memorial benches in other areas would because the Trestle Trail site is more isolated, but it may still generate the possibility of more requests for memorial plaques. Councilmember Thier spoke in support of the project and said the Town's policy does not preclude memorial benches. She believed the request was in accordance with the policy, and the Trestle Trail project was of great historical significance. She further believed the placement and confined area of Trestle Trail made this request a limited circumstance. and reiterated the fact that the request was approved by the Heritage & Arts Commission. She said she would support the request. Vice Mayor Kulik agreed that this may be a unique situation given the isolated and concentrated area of the Trestle Trail site, and said memorial plaques would be consistent with the rest of the project. He believed the process of having a hearing and asking for an exemption to be important so as to give proper attention to past practice, existing policy and precedent. He supported the proposal. Councilmember Welner also believed the Trestle Trail site to be uniquely concentrated, and agreed that memorial plaques would be consistent with the rest of the project. He said he could support the proposal and believed this approval would not necessarily set a precedent for future memorial benches or plaques. Councilmember Fredericks said she had been persuaded by the rest of the Council to support the proposal ifthe approval restricted the exception to the de facto policy to these proposed benches. She urged the Council to revisit this policy in the near future. Mayor Fraser questioned the general public's awareness of this opportunity and expressed concern over how these select individuals were chosen for an opportunity that others might have liked to have had too. He felt troubled by the lack of public awareness, and said he would abstain from the vote. Mr. Wood said he shared the same concern. and said their team went to every effort they could to get the word out, including local media. MOTION: To approve the exemption request as it applies to only the proposed benches discussed. Moved: Thier, seconded by Welner VOTE: A YES: Fredericks. Kulik. Thier. Welner ABSTAIN: Fraser TOWN COUNCIL REPORTS Councilmember Thier said she may be absent from the next meeting, and the Council confirmed there would be a quorum for the meeting. TOWN MANAGER REPORT {011'11 Co1111ci/ .\li1111/cs :'03-2017 Fchmar) 7. 2018 /'age 8 The Town Manager reminded the Council of the upcoming Neighborhood Association Summit scheduled for February 13 and said all were welcome to attend. WEEKLY DIGESTS Received. ADJOURNMENT-to special meeting SPECIAL MEETING On February 7, 2018, the Council held a special meeting as follows: CALL TO ORDER AND ROLL CALL PRESENT: PRESENT: COUNCILMEMBERS: EX OFFICIO: Fraser, Fredericks, Kulik, Thier, Welner Town Manager Chan is, Town Attorney Stock CLOSED SESSION 1) Conference with Legal Counsel -Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9: (I Potential Case) ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser adjourned the meeting at 9:05 p.m. Jlf\1 FRASER, MAYOR ATTEST: ---------------·-- LEA STEFANI, TOWN CLERK 1'011'11 Co11nci/ .\/inures '103-20/7 !'age 9 City of Mill Valley Athletic Fields RECREATION Application Process I. Applications must be on a form provided by the City oCMill Valley. No reservations will be made by telephone. Reservations are taken in person or by fax at the Community Center, Monday-Friday, 9am-5pm. Renter must be 21 years or age or older. 2. Applications are accepted up to one year in advance. A$ I 00 deposit is required at the time of application to secure the reservation. 3. The individual listed on the application is responsible for making full payment and the liability of the event itself. Only the individual listed on the original application is authorized to make changes to the reservation. Proof or insurance is required for any commercial use or any gathering with over 50 participants. 4. Please refer to Field Policies & Conditions of Use for specific regulations for each field. 5. Please note that no athletic equipment is included or available (soccer goals, bases. etc.). Field User Fees & Schedules Hourly Fees City of Mill Valley Greater Mill Valley Adult Sports Commercial (within City limits) &Beyond Groups/Leagues $60/hr $75/hr $80/hr $90/hr --- Payment Schedule Rental Dates Deposit Rental Fees ----~-·--·-···-·-· I yr -6 months prior to event I OO'J\1 of deposir due Balance due 6 months prior rn event ar rime of rcservarion date Less than 6 monrhs prior ro I 00% of deposir due Full remal fc due event at rime of reservation at rime of applicnion Cancellation/Refund Schedule Cancellation Date Deposit Fee Returned Rental Fee Returned More rhan 90 days prior I 00% less $20 fee 100% Less than 90 davs prior 100% ()<)() ·If (ees arc less than S 100, deposir will be wirhheld and (ccs rerurncd A 90-day notice of cancellation is required to receive a full rel'uncL minus a $20 processing f'e1..'. Cancellations made less than 90 days prior to reserved date. the City will retain the full field rental rec and I 00 % of the deposit will be returned. There is no rental fee refund for rain or inclement weather, IOO'Y., of the deposit will br returned. ECfective January 2. 2015 EXIIlBITN0._..1__ Field Rules J. All organized athletic organizations must obtain approval for use from Mill Valley Recreation (MVR). This includes but is not limited to any league games, team practices, tournaments, etc. 2. City of Mill Valley activities and public non-profit youth groups shall have priority over privately-run camps and for-profit commercial ventures. 3. Field conditions may dictate relocation/denial of field use. Measurable amounts of rain within a 24-hour window may cancel activities. 4. A permit/rental agreement is required for organized sports groups of more than 15 participants. 5. A permit/rental agreement is required for any organized athletic or fitness training, exercise class, paid coaching, or other paid instructional activities. 6. City staff and personnel have the authority and discretion to make decisions regarding appropriate use and may direct field users to vacate a field at any time. 7. Golf is prohibited at all times in any park or athletic field area. 8. No stakes may be driven into the ground at any time without the written consent of the faci I ities supervisor. 9. Field users are responsible for the removal of any trash generated. J 0. No tenting is allowed at any outdoor facility without the written consent of the facilities supervisor. 11. No amplified music or sound is allowed except where noted in the Field Policies & Conditions of Use or when given written consent by MVR staff 12. No commercial vendors are allowed to conduct business at any outdoor facility without the express written consent of Mill Valley Recreation and the obtainment of a business license from City Hall. 13. No dogs are allowed off-leash, at any time, at any outdoor facility. J 4. The posting of flyers, signs, or other publicity is strictly prohibited except on designated community bulletin boards. 15. No motorized vehicles of any kind are allowed on the fields or in the parks at any time. 16. Portable grills or open flames must be pre-approved by the focilities supervisor. 17. Inflatable "jumpees" or similar equipment is only allowed by rental permit. 18. Alcohol use/consumption must follow all applicable local. state. and federal lav\ s. Any group of over 50 participants must submit a certificate of liability insurance that lists the City of Mill Valley as additional insured. 19. Any event including an exchange of money for alcoholic beverages must submit a copy of a temporary ABC License to MVR prior to the event. S:\Rentals\Rental Forms & Documents\Fields Info Revised .Ian 22015.doc Dear Patrick, The Southern Marin Lacrosse Club kindly requests an extension beyond the December 31st deadline to help raise $400K needed to complete the sand based component for the McKegney Field Project. We request an extension to April 1, 2018. To date, our fundraising efforts have helped raise a total of $150K. Included in this number is a $30K grant from The Belvedere Community Foundation and a $20K grant from The Tiburon Community Foundation (Please note the 20K from TPF has been verbally acknowledged but an official grant has not been received yet). These grants were issued following a joint presentation on behalf of The Tiburon Peninsula Soccer Club and The Southern Marin Lacrosse Club to both the BCF and TPF In addition to the extension request, we would also like to ask the council to consider revising the McKegney Field Usage policy, so it can be more inclusive of a broader Tiburon/Belvedere audience, and that the policy is governed in a fair and equitable manner. We have spoken to many donors and potential donors since the fundraising began. Based on the conversations and community feedback, we have come to the following conclusions: 1. Many potential donors have expressed concern that the funds raised for the project will serve a narrow group of users year round, primarily soccer players. As a result, they are reluctant to donate. 2. In fact, when they have learned that lacrosse play on McKegney will be very limited under the scope of the current field policy, many of these same families have decided not to donate. The current policy states only children under the age of 11 can play Lacrosse on McKegney. We request the opportunity to explore and discuss additional options that would allow older Southern Marin Lacrosse teams to play on McKegney Field. 3. We have encountered frustration as many feel misled, given information that is being pushed out into the public is not only inaccurate, but misleading. On behalf of many of the Tiburon/Belvedere Lacrosse families perspective, once they discover the limitations surrounding lacrosse usage/play, many quickly become discouraged. For Example, the current field policy states "The Organization with a history of past field use on EXHIBIT NO. ~ specific fields will have first priority. Sport of the season will have second priority." This has led many to believe that Lacrosse will not only be able to practice on McKegney after school during their Spring season, nor will the hours available be after school play hours. SMLC continues to be very supportive of the McKegney project and we are honored to be part of the fundraising efforts thus far. We also maintain our stance that the fundraising efforts should be collaborative and community driven. We believe this would provide the necessary transparency to drive the fundraising efforts forward. The community is passionate about this project. The more we can involve the Tiburon/Belvedere community the greater the success we will achieve together. However, based on the feedback and the significant shortfall in funds raised thus far, we feel it's incumbent upon us to report the feedback and to offer up solutions that could help us achieve our fund raising goals together. Thank you,~/!~ Jon Porter ' ~ on behalf of the Southern Marin Lacrosse Club Board of Directors 'fown or-!iln1rnn • 1505 Tiburon Bnulcvml 'Tiburon, Ci\ 94920•P.'l15.435.TJ73F.ti15.4:)5.2,138 'W\\'W.ww11ofoburon.org January 3. 2018 !)ear Jon Porter. J received your letter. attached. via e-mail on December 22, 2017. This letter requests two things: I. An extension beyond the December 31st deadline to help raise the $400K needed to complete the sand based component for the McKegncy Field Project. 2. Thal council consider '·revising, the McKegney field policy in order to allow the project to be more inclusive of a broader audience of Tiburon and Belvedere residents:' We will include your letter in the Council package on the McKegney Green rehabilitation project. This item will go befote the Council for consideration on January 17, 20 l 8. Regarding an extension, your letter is unclear regarding how long an extension you are requesting. l cannot guarantee that the Council will approve an extension. On April J 9, 2017, when Council approved the project they set Cunding requirements including that private funding of $400,000 be raised for construction of the sand based field prior to the first Council meeting in January. If funding goals are not met, Council will have several options including providing an extension for fundraising. Regarding modifications to the McKegney field policy, your letter is unclear what modifications you are seeking. Our previous phone conversations and our meeting on December 13, 20l 7, primarily focused on your desire to change the age groups that can play on the field. Currently. due to safety concerns. the age is limited to Ul l play. This limitation was agreed to by Southern iV!arin Lacrosse Club in 2011 vvhen Lacrosse approached the Town requesting to use fVlcKegncy Field. The Town then paid for a study of the field use to accommodate the request by Southern Marin Lacrosse Club. That study also recommended U 1 1 play as we] I as other safety measures. In our rnceting of Deccrnber 13. 2017. l noted that if Southern Marin Lacrosse Club wanted to change this age limit. they should recognize the safety issue and propose what additional safety measures might be incorporated to address the Town's concerns. Your letter does not mention the age group restriction, rather it mises "concern that the funds raised for the project \Vill serve a natTO\V group of users year round, primarily soccer players" and that ·'lacrosse play on McKegncy will be very limited under the scope of the current llelcl policy". Jim Fraser Mayor Emmett O'Donnell Vice Mayor Alice Fredericks Councilmembcr David Kulik Councilmember Holli Thier Councilmember Greg Chanis Town Manager EXHIBIT NO. ----- .January 3. 2018 continued On April l 9. 20 l 7, when Council approved the pr(~jeet and funding requirements. Council und the staff report were clear that "the field is a Tovvn resource and shuuld not be for a single user" and that "Lacrosse is a new user with a more limited season and should be al lotted 2srYo of the play time". Moreover. the staff report states that under this allotment Soccer is limited by Lacrosse play in the spring for eleven weeks during the Lacrosse season. Lacrosse. on the other lrnnd, is not limited by Soccer. As mentioned above, this item goes before Council on January I 7. 20 I 8. We want to properly represent Southern Marin Lacrosse Club's request. To that end we need clarity. ln order to clearly express your request, we will need a clear response by close of' business Monday, January 8, 2018. Thank you for your continued interest in supporting this projecl. Sincerely, ~~-Pdtrick Barnes Director or Public Works Town of Tiburon