No preview available
HomeMy WebLinkAboutCS Bocce Ball Complex AgreementAGENDA ITEM N0. 5a. Meeting Date: December 5, 2011 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Services Prepared by: Carlene McCart, Director.,- City f City Manager Approval 1� { SUBJECT: FACILITY USE AND MANAGEMENT AGREEMENT FOR THE ALBERT PARK BOCCE BALL COMPLEX RECOMMENDATION: Approve the Agreement and authorize the City Manager to execute the Agreement with Marin Bocce Federation. BACKGROUND: After extensive public outreach, the City Council approved a Masterplan Amendment for Albert Park in 1993 that included installation of a new bocce ball facility, playground and formal garden features. In 1994 an Agreement was struck with the Marin Bocce Federation, a 501(C)3 non profit organization, to use the southwest portion of the park for a bocce ball facility. The Federation was allowed to install equipment, furnishings and facilities for the sport of bocce ball in the Park with the provision that it make those facilities accessible to the public for use. With a small investment from the City, and two $10,000 loans, now retired, the Federation installed over $1.1 million of improvements to the Bocce Complex in the past 18 years. An estimated 50,000 visitors access the Complex for league play, drop in play, tournaments, public and private events and fundraisers. The Complex is open 7 days a week, 8 months a year, and for limited use 4 months a year during the winter. The Federation reports annually to the Park and Recreation Commission to review the organization's financial statements, the program status, attendance and facility issues. The Federation and the City have amended and extended the original Agreement over the last 18 years to coincide with the site improvements and the enhanced program scope at the Complex. The term of the current Agreement expires in 2015. Looking forward, the Federation is planning a major renovation of the courts, and an installation of solar equipment for the generation of electrical power. The organization has been approved for a loan for the court renovation from a local bank. The loan requires a longer term than what is left on the current Agreement. Therefore, the Federation and the City concur that an extended Agreement is in the best interest of both parties. FOR CITY CLERK ONLY File No.: - *3 � ;.) Council Meeting: Disposition: �� J' SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 The Park and Recreation Commission reviewed the proposed Agreement, Attachment B at their meeting of November 17, 2011. The meeting was noticed to all addresses within 300 feet of Albert Park. Minutes of the Park and Recreation Commission Meeting are included in this report as Attachment C. The Bocce Federation Board of Directors made outreach to nearby neighbors and the Gerstle Park Neighborhood Association. No member of the public attended the meeting; however four pieces of correspondence were received in support of the Agreement, including one representing a vote of support from the Neighborhood Association Board of Directors, attached to this report as Exhibit D. The Commission voted to recommend approval of the Agreement to the City Council with the following modifications: 1. Agreement Section 2.9.E, add reference to the Municipal Code that can be evoked if circumstances surrounding the presence of alcoholic beverages at Bocce Complex events produces a threat to public and/or participant welfare: Municipal Code 8.10.160 v Park CIOSUre. Any park, building or portion thereof may be declared closed to the public by the director at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or only to certain uses, as the director finds reasonably necessary for the protection of property or for the public health, safety or welfare. No person shall enter or remain in any park, building, or portion thereof, which has been closed and noticed as closed by appropriate signs, fencing or cordoning, or by warning cones. 2. Reordering of 2.5 to read: Federation shall, on February 0 of each year, provide the Director with a complete schedule of all Federation organized activities (leagues, lessons, tournaments and events), which will require Federation's organized use of the Complex. Federation shall coordinate its programs and activities to avoid conflicts with City activities. Changes to the submitted schedule of events shall be upon written notification and agreement of the parties. The modifications have been incorporated into the Agreement. There was also discussion that the term be adjusted to fifteen years beginning at the execution of the Agreement, and not include the three years remaining on the current Agreement., but that issue was not included in the motion to recommend. ANALYSIS: The relationship between the City of San Rafael and the Marin Bocce Federation has been a model for other partnerships whereby the ultimate result is increased service to the community. Terra Linda Orcas Swim Club, Marin Master Gardeners, Catholic Charities, Trust for Public Land, Canal Alliance are examples of other partners that use of City owned property in exchange for public programs or services. The Federation is a responsive organization that works closely and well with the Community Services Department to offer a healthy, low cost recreational opportunity for all ages. The Bocce Complex enhances the community with vibrant activity. League play begins in March and continues through October, Monday through Friday in the evening and three days per week in the morning hours. Drop in play occurs during non league hours when courts are available. The Complex also provides a venue for local non profits to stage fundraising events. The SAN RAFAEL CITY COUNCIL AGENDA REPORT J Paye: 3 Federation estimates over $1 million has been raised by local organizations hosting bocce tournaments at the Complex. In recent years an annual average of 25-30 corporate and commercial groups utilizes the Complex for employee events. The proposed Agreement chronologically updates the history of the partnership between the Federation and City. It defines the Complex and the roles of the Federation and the City. The Agreement commits the Federation maintain a 501(C) 3 status, manage and maintain the Complex; pay for all utilities; conduct programs for the public, enforce reasonable rules and procedures for use of the Complex; annually report to the City the schedule of programs and the collection and disperse of revenue; provide appropriate personnel to manage the facilities; maintain compliance for the possession and consumption of beer and wine. Additionally, the Federation must notify the Community Services Department when events are planned with an estimated attendance of 100 or more to coordinate with activities scheduled for the San Rafael Community Center. A new provision is proposed in this Agreement stipulating that a separate event management plan will be required in the case of larger events: those estimated to draw more than 300 in attendance, gathering for four hours or longer and occurring over a period of two or more days. Such a plan must be approved in advance by the City and address such issues as parking, traffic, noise controls, security, neighborhood concerns, and impacts on the community and City resources. The Agreement underscores the primary intension of the Bocce Complex is to serve the community. The Agreement calls for the Federation to complete phases of improvements previously approved by the City including the improvements to the site of the former 525 B Street structure, further improvements or expansion to the 535 B Street structure, and improvements to the existing ten courts. The Federation within the term of the Agreement will conduct the planning process for possible installation of solar power equipment, subject to applicable local ordinances and State and Federal law. The City agrees to waive fees in light of the $1.1 million in facility improvements and the ongoing management and maintenance costs born by the Federation. The term of the Agreement is proposed to include the three years afforded by the current Agreement and an additional 15 years. Either party may terminate the Agreement with sixty days notice, or in the event the Federation files for bankruptcy or an audit shows the organization to be insolvent. Indemnity, insurance and City standard language regarding the Federation's status as an independent contractor, assign ability compliance with all laws, authority, waivers, notices and attorney's fees are included in the proposed Agreement. The proposed Agreement is a comprehensive document that chronicles a successful partnership with the City and sets in motion the structure to continue to serve the community into the future. FISCAL IMPACT: There is no fiscal impact to the City in this Agreement. OPTIONS: 1. Approve the Agreement. 2. Approve the Agreement with additional conditions. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 3. Recommend staff amend the proposed Agreement and return for Council review ACTION REQUIRED: Motion to Approve the Facility Use and Management Agreement for the Albert Park Bocce Ball Complex and Authorize the City Manager to Execute the Agreement with Marin Bocce Federation. Encis. Attachment A. Resolution Attachment B. Facility Use and Management Agreement for the Albert Park Bocce Ball Complex Attachment C. Minutes from the November 17, 2011 meeting of the San Rafael Park and Recreation Commission Attachment D. Public Communications A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE A FACILITY USE AND MANAGEMENT AGREEMENT WITH MARIN BOCCE FEDERATION FOR THE ALBERT PARK BOCCE BALL COMPLEX WHEREAS, The Marin Bocce Federation has provided public facilities and programs in Albert Park for Bocce games, tournaments and leagues under Agreements with the City of San Rafael since 1994; and WHEREAS, the Marin Bocce Federation under said Agreements has made over $1 million in improvements to the Bocce Complex in Albert Park; and WHEREAS, an estimated 12,000 members of the public engage in recreational Bocce and over 150 organizations stage fundraising and other events at the Complex each year; and WHEREAS, the Marin Bocce Federation raises all operational and capital project funds through fees, donations and contributions and is financially self supporting; and WHEREAS, the City of San Rafael wishes to enter into an extended Agreement with the Marin Bocce Federation to authorize the continuation and expansion of Bocce program services to the public in Albert Park; and WHEREAS, the City Council finds that the approval of this Agreement is categorically exempt under the California Environmental Quality Act (CEQA) Guidelines, Section 15301, and is exempt under CEQA Guidelines, Section 15061(b)(3), as there is no possibility that the activities under the Agreement will have significant adverse effect on the environment; and WHEREAS, the Park and Recreation Commission of the City of San Rafael reviewed the proposed i • " r public on November 2011 and recommendapproval • the City Council. Now, Therefore, The City Council of the City Of San Rafael does resolve, determine and order as follows: Authorizes the City Manager to execute a Facility Use and Management Agreement with Marin Bocce Federation for the Albert Park Bocce Ball Complex 1, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the Stn of December 2011, by the following vote, to wit: AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Esther C. Beirne, City Clerk FACILITY USE AND MANAGEMENT AGREEMENT FOR THE ALBERT PARK BOCCE BALL COMPLEX This agreement is made and entered into this day of r- , 20011, by and between the City of San Rafael, herein referred to as "City", and the Marin Bocce Federation, a private, non-profit corporation herein referred to as "Federation". RECITALS WHEREAS, the City, after significant community input, prepared a renovation plan for Albert Park in 1993, and WHEREAS, as part of that renovation project, the Federation agreed to build six bocce ball courts at Albert Park; the construction of said courts, costing $450,000.00, with little City expenditure, was completed in 1994 ; and WHEREAS, on December 5, 1994, Federation, a non-profit organization promoting public participation in the play of bocce ball and the City, entered into a Facility Use and Management Agreement for the Use and Management of the Complex located in Albert Park; and WHEREAS, two additional bocce courts were approved and installed in 1998, at a cost of $200,000.00 borne by the Federation; and WHEREAS, the City granted permission and the Federation received the appropriate permits to allow for beer and wine to be served on site in 1998; and WHEREAS, improvements to the Complex were proposed by the Federation and approved by the City for, a restroom (1996), wrought iron fencing (1999), court repair (1990) landscape (2002), installed and paid for by the Federation between 1994 and 2005. WHEREAS, following public hearing conducted in November and December 2004, the City's Park and Recreation Commission recommended, and the City council approved, amendments to the Albert Park Master Plan to allow for the Federations reuse of the now vacant city property at 525 B Street and the City building located at 535 B Street; and WHEREAS, on April 4, 2005, the City and the Federation entered into an Amended Facility Use and management Agreement for the Albert Park Bocce complex located at Albert Park, to enhance the recreation activities for the City's citizens and to promote health, safety and welfare by encouraging greater public use of the Complex; and WHEREAS, the building at 525 B Street, deemed unsafe and condemned by the City, was demolished in February of 2005;, the Federation renovated the building at 535 B Street with two indoor Bocce Courts in 2007, and again with improvements to the interior, addition of office, seating, meeting and storage space in 2010; and WHEREAS, the Federation has funded and installed over $1.1 million in improvements to the Complex since 1993; and WHEREAS, the City and the Federation desire to renew and extend the Agreement for the Use and Management of the Albert Park Bocce Complex_so as to continue to enhance the recreational activities for its citizens and to promote the general health, safety and welfare by encouraging the public use of the Complex. NOW, THEREFORE, the City and Federation hereby agree as follows: AGREEMENT Section 1: The Complex. This Agreement shall apply to the enclosed area in Albert Park containing eight bocce ball courts, one building, one building site with a formal rose garden and gazebo, two arbors, patio, restroom facilities, fountain, interior and exterior landscaping irrigation, fence and gates as is more specifically designated in Exhibit "A" attached hereto and incorporated herein (Complex). This definition of "Complex" may only be changed upon the parties' written amendment to this Agreement. Section 2: Duties and Responsibilities of Federation. 2.1: Federation shall, during the term of this Agreement, maintain its status as a private, non-profit corporation pursuant to IRS Section 501(c)(3), or any subsequent regulation. Proof of status is included in Exhibit "B", attached and incorporated herein. 2.2: Federation shall routinely and regularly, at its sole expense and resources, manage and maintain Complex, and all its related equipment and furnishings, in accordance with the specifications and requirements enumerated in Exhibit "C", Maintenance and Repair Responsibilities for the Albert Park Bocce Court Complex, attached hereto and incorporated herein. Federation shall be responsible for property damage due to normal wear and tear, minor vandalism and graffiti. FEDERATION shall be responsible for the payment of all electric, natural gas (PG&E), garbage (_ISS) and eater (M.MWD) utility charges generated by operation of the Complex. 2.3: Federation shall establish, organize, promote, conduct and supervise bocce ball leagues, lessons, tournaments, casual play for any member of the public who wishes to engage in such organized bocce ball activities. Federation shall not prevent any member of the public from participating in any or all Federation activities, according to Federation policies for registration. 2.4: Federation shall develop reasonable rules and procedures for persons using Complex, subject to the review and approval of the Park and Recreation Commission and the Director of Community Services (Director). Such rules shall be in conformity with and shall not conflict with any other rules and regulations governing the use of the City's parks and facilities. 2.5: Federation shall, on February I` of each year, provide the Director with a complete schedule of all Federation organized activities (leagues, lessons, tournaments and events), which will require Federation's organized use of the Complex. Federation shall coordinate its programs and activities to avoid conflicts with City activities. Changes to the submitted schedule of events shall be upon written notification and agreement of the parties. 2.6: Federation shall establish a reasonable fee schedule for persons participating in its organized activities (leagues, lessons, and tournaments), rental uses of the facilities, and fees for use of equipment, subject to the review and approval of the Director. This fee schedule shall be uniformly applied to all persons participating in Federation's organized activities. Federation shall not discriminate between Federation members and the public generally. 2.7: Federation shall be responsible for collection and disbursement of program and rental fees generated by Federation and its organized activities. The fees collected shall be used exclusively for Federation administration, programs, maintenance costs, and capital improvements. The City reserves the right to conduct City -organized bocce programs that compliment the Federation activities and schedule, at no cost to the City. 2.8: Federation shall provide monitors, attendants or other supervisory personnel for its programs and organized activities. Federation shall not be required to provide monitors, attendants, or other supervisory personnel for City -organized or non - Federation bocce programs. 2.9: The City permits the Federation and persons registered to participate in the Federation leagues and organized activities, to possess and consume beer and wine on the Complex. This permit is granted by the Director of Community Services as authorized by) section 8.18.03013 of the San Rafael Municit)al Code, This permit shall be in place for the term of this Agreement, subject to termination or suspension by the Director for violation of the terms and conditions of the permit.: A. This permit shall expire with this Agreement B. Possession and consumption of beer and wine shall only occur during Federation sponsored, organized and supervised activities, between the 3 hours of 10:00 a.m. and 10:30 p.m. and only within the Bocce Complex at Albert Park. C. The Federation shall be responsible for compliance with any and all other federal, state, and local regulations regarding the possession and use of alcohol. D. The Federation shall not sell or furnish alcoholic beverages, nor allow or permit participants to sell or furnish alcoholic beverages to any person at any time outside the Complex. E. The Federation understands, acknowledges and agrees that this permit is revocable by the City at any time without cause, upon forty-eight (48) hour notice. This permit may be immediately and automatically revoked upon violation of any of the terms and conditions of this permit or upon any violation of law by the Federation or its participants as per the San Rafael Municipal Code: Municipal Code 8.10.160 - Park closure. "Any park, building or portion thereof may be declared closed to the public by the director at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or only to certain uses, as the director finds reasonably necessary for the protection of property or for the public health, safety or welfare. No person shall enter or remain in any park, building, or portion thereof, which has been closed and noticed as closed by appropriate signs, fencing or cordoning, or by warning cones." F. Federation shall have a supervisor or manager or other responsible organization official at the Complex when the alcohol permitted under this permit is being possessed or consumed. Said official shall be responsible to monitoring conduct and shall immediately notify law enforcement should dangerous or unlawful conduct occur. G. Federation shall notify in writing all registered participants in its organized activities as to the terms and conditions of this permit. Such writings shall include, but not be limited to notices posted at the Complex, and a statement of these terms and conditions shall be included in the Federation's Rules and Regulations. 4 2.10: Federation shall notify the Community Services Department at least 60 days in advance, of Federation events, programs or organized activities, involving more than 100 participants. In such cases, Federation shall, at its sole expense, prepare a parking plan for the Complex, Albert Park, and San Rafael Community Center for the dates affected. Said plan shall be provided to the City for review and approval. Federation -shall at its sole expense, implement said plan. 2.11 The scheduling of competitive events at the Complex, where attendance is expected to exceed 300 persons per day, four hours per day, for a period of two or more consecutive days will require an events management plan approved by the City that addresses parking, traffic, and noise controls, security, impacts on the neighborhood, community and City functions , The primary purpose of this Agreement is to serve the citizens of San Rafael with recreational opportunities at the Complex. Functions at or uses of the Complex that serve players and organizations outside of San Rafael are considered a secondary priority. 2.12 City retains the right to approve or deny the use of the San Rafael Community Center Parking Lot for Federation programs, based on use schedule 2.13: Federation shall make the following improvements to the Complex: A. Phase 1: Wrought iron fencing and landscaping of the style, type and materials consistent with those used throughout the Complex was installed and shall be maintained on the perimeter of the site to visually screen the area from the street. The area previously occupied by the 525 building may be used as a garden, social or picnic area. Structural improvements to the former 525E Street building site area or use of the area for other purposes will require the approval of the Parks and Recreation Commission and any applicable environmental and design review permits and building pen -nits. . The former 525 B Street building area shall be developed according to the conceptual plan approved by the Park and Recreation Commission July 19, 2007. Phase 1 was completed in 2006. B. Phase 2: 535 B Street was renovated with seismic upgrades, new roofing and improvements that include two indoor bocce courts, Federation offices, conference room, restroom, and eating area pursuant to the design approved by the Parks and Recreation Commission, dated July 17, 2007. Any additional modifications, renovations or additions must be approved by the Park and Recreation Commission and are subject to required environmental design, review permits and building permits. C. Phase 3: Within the term of this agreement, the Federation shall conduct the planning process for possible future expansion of 535 B Street. The process shall include a site plan detailing improvements with a building program, financing strategy, and timeframe for construction. Such plans will be subject to all City reviews and requirements and 5 approval of the Park and Recreation Commission, Design Review Board, Planning Commission and City Council. D. Phase 4: Within the term of this Agreement, the Federation shall renovate and/or reconstruct the ten existing bocce courts as determined necessary by the Federation for continued public and private use, with such environmental and design review permits and building permits as may be required E. Phase 5: Within the term of the Agreement, the Federation shall conduct the planning process for possible installation of solar power equipment in the Complex and complete a site plan detailing such improvements, and may request City approval of the installation of such improvements at Federation's sole expense, subject to Park and Recreation Commission review, and such environmental and design review and building permits as may be required,. 2.14: Any improvements to Complex are subject to. review by the Park and Recreation Commission, Design Review Board, Planning Commission and approval of the City Council. Any improvements will be required to comply with the California Building Code Title 24, and Title III of the ADA. Section 3. Duties and Responsibilities of Citv. 3.1: City shall permit the Federation use of the Complex for its organized activities pursuant to the submitted schedules and subject to the provisions outlined in this Agreement. 3.2: City shall cooperate with Federation in the promotion and supervision of its organized activities. 3.3: Subject to the City's limitations of budget and other resources, City shall rebuild and/or repair Complex in the event it is damaged by acts of God, vandalism or intentional or negligent acts of third parties in excess of $25,000. Federation shall rebuild and/or repair Complex in the event it is damaged by acts of God, vandalism or intentional or negligent acts of third parties up to $25,000. Both parties understand, acknowledge and agree that because of fiscal constraints of the City agreed repairs are contingent upon the City having funds available for this purpose. Section 4. Compensation. 4: In recognition of the Federation's a) contribution of $1.1 million worth of park improvements, b) its ongoing maintenance of Complex at a cost of approximately 525,000 per year, and c) the improvements to the building at 535 B Street, and payment for utilities, City shall_waive facility use fees for Complex for the term of this Agreement. Upon any renewal of this Agreement, the parties shall re -negotiate the terms of compensation. Section 5. Repayment of City Loans 5: As of the execution of this Agreement, all outstanding loans by the City to the Federation were previously excused in recognition of the substantial contribution to the improvement of the building, 535 B Street, Section 6. Reports and Audits. 6.1: No later than February I" of each year, Federation shall provide to the Park and Recreation Commission a report containing the following: A. A comprehensive status report describing -all organized activities conducted and supervised during the previous year; B. A detailed proposal of site improvements, including the estimated costs, time for completion and funding sources; C. Recommendations regarding the operation of the Complex. 6.2: Federation shall maintain books, statements, ledgers, accounts and all other documents related to its management and use of complex under this Agreement. 6.3: City shall have the right, upon reasonable notice, to obtain access to, review, and to audit Federation's books, statements, ledgers, accounts, and all other documents relating to its management and use of Complex under this Agreement. 6.4: Federation shall provide to the Director a copy of its annual financial statement as regularly prepared. Section i. Term. The term of this Agreement shall be from December 1, 2011 until November 30, 2030, inclusive, subject to earlier termination pursuant to Section 8. Upon expiration, the term of this Agreement may be renewed for fifteen (15) additional years if. A. Federation has complied with all the terms and conditions of this Agreement. B. Federation and City Manager have agreed, prior to expiration, to the Federation's compensation, if any, to City for the additional ten -n. C. There are no other changes to the terms and conditions of the Agreement_ Section 8. Termination of Agreement. 8.1: If, upon sixty days (60) written notice of deficiency in performance, the party so notified fails to correct the deficiency, the party giving notice may terminate this Agreement. Deficiency in performance shall be defined as any of the following: A. Failure of a party to perform or comply with all of the terms and conditions of this Agreement. B. The financial insolvency of the Federation as evidenced by i. any filing for reorganization under the bankruptcy statutes or otherwise being named as a debtor in such proceeding, which is not set aside within thirty days of filing, or ii. any audit C. The dissolution of the Federation. Section 9. Indemnity. Federation shall defend, indemnify and hold harmless City, its officers, employees, agents and volunteers from and against any and all claims, demands, losses, or liability which may be alleged by any person, or by Federation, for injury to, or death of persons or damage to property, however arising, from the obligations and actions of Federation, its officers, employees, agents or volunteers under the terms of this Agreement, excepting only the sole gross negligence or willful misconduct of City. Federation assumes all responsibility for damages to property or for injuries to persons a) directly or indirectly caused by services or equipment provided by Federation under the terms of this Agreement, b) occurring in or on any portion of the Complex during any and all Federation -sponsored events, or c) caused by the condition of the Complex. Section 10. Insurance. 10.1: Federation at its sole cost and expense, shall obtain and maintain, during the life of this agreement, a commercial general liability policy in the amount of $1,000,000, per occurrence and $3,000,000 aggregate, satisfactory in farm to the City, and with the City, its officers, employees, agents and volunteers added as additional named insured, as shall protect Federation and City its officers, employees, agents and volunteers _from claims for damages or personal injury, including accidental death as «ell as for claims for property damage with may arise from or out of this Agreement, whether by Federation, its officers, agents, employees, volunteers or subcontractors. 8 10.2: Each such policy of insurance described in Section 10.1 shall be endorsed to provide as follows: A. It is agreed that the coverages afforded shall be primary insurance and that any insurance or self-insurance maintained by the City B. It is further agreed that the coverages afforded shall apply as if separate policies were issued to each (gross liability). C. All rights or subrogation are hereby waived against the City of San Rafael and the members of its City Council and elective or appointive officers or employees, when acting within the scope of their employment or appointment. D. This insurance shall not be canceled, limited or non -renewed until after thirty (30) days written notice has been given to the City. 10.3: A duly executed Certificate of Liability Insurance, evidencing all of the coverages required herein, shall be submitted in a form approved by the City Attorney to the City Clerk, with a copy to the Director. 10.4: The required endorsements of the insurance policies shall be submitted in a form approved by the City attorney to the City Clerk, with a copy to the Director. Section 11. Independent Contractor. It is understood and agreed that the Federation, in its performance of the duties and obligations under this Agreement, shall act as and shall be an independent contractor and not an agent or employee of the City. As such, Federation, its employees, agents and volunteers shall obtain no rights or benefits, which accrue, to City employees. Federation expressly waives any claims it, its employees, agents or volunteers may have to any such rights or benefits. Section 12. Assignability: No Third Partv Beneficiaries. 12. 1: Federation shall not assign or transfer any interest in this Agreement, nor its duties and obligations under this Agreement, without the prior written consent of the City, and any attempt by Federation to so assign this Agreement, or any rights, duties, or obligations arising hereunder, shall be void and of no effect. 12.2: Neither party shall assign or transfer its rights to enforce any part of this Agreement. The obligation of the City and the obligations of the Federation stated in this Agreement are not intended to, and do not, create any rights to any other person or entity which such person or entity would not otherwise have in the absence of this Agreement. E Section 13. Compliance With All Laws; Non-discrimination. Federation shall comply with all applicable laws, ordinances, codes, and regulations of the State, Federal and local governments. Federation shall not discriminate, in any way, against any person, on the basis of age, sex, race, color, creed, or national origin in connection with or related to the performance of this Agreement. Section 14. Authority. Each party represents that it has duly approved the signing of this Agreement and has duly authorized the person named below to sign this Agreement on its behalf in accordance with applicable law. Each such named person personally warrants that he/she has such approval and authority. Section 15. Waiver. Federation understands and agrees that waiver by the City of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. The acceptance by the City of the performance of any duty or obligation by Federation shall not be deemed to be a waiver of any term or condition of this Agreement. Section 16. Notices. All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be personally served or mailed, postage prepaid addressed to the responsive parties as follows: To City: City of San Rafael Attn: Director, Community Services P.O Box 151560 San Rafael, California 94915-1560 To Federation: Marin Bocce Federation 550 B Street San Rafael, California 94901 Notice shall be deemed effective on the date personally delivered or, if mailed, upon deposit in the mail. Section 17. Whole Agreement. This Agreement, including all Exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or H written representation or understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by a written amendment executed by the parties to this Agreement. However, upon their mutual agreement, the President of the Federation and the City's Community Services Director may make minor, non -substantive operational changes, such as programming schedules, rules and regulations for league or individual participation, repairs to existing equipment and facilities, infrastructure to the Amended Agreement without formal approval by the Council. Said Amendments shall be in writing. Section 17. Attornev's Fees. In the event litigation is initiated to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its attorney fees and costs, including witness and expert fees. City of San Rafael By Nancy Mackle, City Manager Attest: Esther C. Beime, City Clerk Marin Bocce Federation Tom Millerj'�esident * Marin Bocce Federation Approved as to Form: Rob Epstein, City Attorey Attached: Exhibit "A" Complex Exhibit "B" ),larin Bocce Federation Maintenance and Repair Responsibilities for the Albert Park Bocce Court Complex Exhibit "C" Proof of :ion- Profit 501 C3 Status Exhibit "D" Pen -nit for the Possession and Consumption of Beer and Wine Exhibit "E" Proof of Insurance Exhibit A Exhibit B Marin Bocce Federation Maintenance and Repair Responsibilities for the Albert Park Bocce Complex The following list outlines the required tasks to be completed by the Marin Bocce Federation to maintain the Bocce Complex at Albert Park. The intent of the list is to outline the agreed upon maintenance tasks necessary to keep the court areas and surrounding facilities safe, and clean for public use. 1. Litter Removal - minimum of twice weekly. 2. Garbage Collection -weekly 3. Hard Surface Cleaning - weekly 4. Landscape Maintenance - as needed with attention to weed eradication on a regular, but not less than three times per year 5. Pruning - Trees annually; shrubs twice per year 6. Fertilizing - minimum of once yearly or as needed 7. Irrigation - regular maintenance of and monitoring of the programmable irrigation system; City shall be responsible for major water connections as part of the Albert Park system. 8. Structures - MBF shall be responsible for regular maintenance and repair of all facility features such as arbors, paths, gates, fences, benches, tables, fountains, interior spaces, restrooms etc. 9. Drainage - regular removal of debris, drain inlets, catch basins to maintain clear drainage lines; City shall be responsible for drain line connections to Albert Park main drain lines. 10. Vandalism - MBF shall be responsible for repair of vandalism as per the Agreement terms. Exhibit C INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY DISTRICT DIRECTOR 2 CUPANIA CIRCLE MONTEREY PARK, CA 91755-7406 Employer Identification Number: Date. -68-0311346 APR 12 Case Number: 955066032 THE MARIN BOCCE FEDERATION Contact Person: P 0 BOX 150392 DANIEL HUMM SAN RAFAEL, CA 94915-0392 Contact Telephone Number: (213) 725-6619 Accounting Period Ending: December 31 Foundation Status Classification: 170 (b) (1) (A) (vi) Advance Ruling Period Begins: February 1, 1994 Advance Ruling Period Ends: December 31, 1998 Addendum Applies: No Dear Applicant: Based on information you supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from federal income tax under section 501(a) of the Internal Revenue Code as an organization described in section 501(c)(3). Because you are a newly created organization, we are not now making a final determination of your foundation status under section 509(a) of the Code. However, we have determined that you can reasonably expect to be a publicly supported organization described in sections 509(a)(1) and 170(b)(1)(A)(vi). Accordingly, during an advance ruling period you will be treated as a publicly supported organization, and not as a private foundation. This advance ruling period begins and ends on the dates shown above. Within 90 days after the end of your advance ruling period, you must send us the information needed to determine whether you have met the require- ments of the applicable support test during the advance ruling period. If you establish that you have been a publicly supported organization, we will classi- fy you as a section 509(a)(1) or 509(a)(2) organization as long as you continue to meet the requirements of the applicable support test. If you do not meet the public support requirements during the advance ruling period, we will classify you as a private foundation for future periods. Also, if we classify you as a private foundation, we will treat you as a private foundation from your beginning date for purposes of section 507(d) and 4940. Grantors and contributors may rely on our determination that you are not a private foundation until 90 days after the end of your advance ruling period. If you send us the required information within the 90 days, grantors and contributors may continue to rely on the advance determination until we make a final determination of your foundation status. If we publish a notice in the Internal Revenue Bulletin stating that we Letter 1045 (DO/CG) -2 - THE MARIN BOCCE FEDERATION will no longer treat you as a publicly supported organization, grantors and contributors may not rely on this determination after the date we publish the notice. In addition, if you lose your status as a publicly supported organi- zation, and a grantor or contributor was responsible for, or was aware of, the act or failure to act, that resulted in your loss of such status, that person may not rely on this determination from the date of the act or failure to act. Also, if a grantor or contributor learned that we had given notice that you would be removed from classification as a publicly supported organization, then that person may not rely on this determination an of the date he or she acquired such knowledge. if you change your sources of support, your purposes, character, or method of operation, please let us know so we can consider the effect of the change on your exempt status and foundation status. If you amend your organizational document or bylaws, please send us a copy of the amended document or bylaws. Also, let us know all changes in your name or address. As of January 1, 1984, you are liable for social security taxes under the Federal Insurance Contributions Act on amounts of $100 or more you pay to each of your employees during a calendar year. You are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Organizations that are not private foundations are not subject to the pri- vate foundation excise taxes under Chapter 42 of the Internal Revenue Code. However, you are not automatically exempt from other federal excise taxes. If you have any questions about excise, employment, or other federal taxes, please let us know. Donors may deduct contributions to you as provided in section 170 of the Internal Revenue Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Donors may deduct contributions to you only to the extent that their contributions are gifts, with no consideration received. Ticket purchases and similar payments in conjunction with fundraising events may not necessarily qualify as deductible contributions, depending on the circumstances. Revenue Ruling 67-246, published in Cumulative Bulletin 1967-2, on page 104, gives guidelines regarding when taxpayers may deduct payments for admission to, or other participation in, fundraising activities for charity. You are not required to file Form 990, Return of Organization Exempt From Income Tax, if your gross receipts each year are normally $25,000 or less. If you receive a Form 990 package in the mail, simply attach the label provided, check the box in the heading to indicate that your annual gross receipts are normally $25,000 or less, and sign the return. If you are required to file a return you must file it by the 15th day of the fifth month after the end of your annual accounting period. we charge a penalty of $10 a day when a return is filed late, unless there is reasonable Letter 1045 (DO/CG) -3 - THE MARIN BOCCE FEDERATION cause for the delay. However, the maximum penalty we charge cannot exceed $5,000 or 5 percent of your gross receipts for the year, whichever is less. We may also charge this penalty if a return is not complete. So, please be sure your return is complete before you file it. You are not required to file federal income tax returns unless you are subject to the tax on unrelated business income under section 511 of the Code. if you are subject to this tax, you must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. In this letter we are not determining whether any of your present or proposed activities are unre- lated trade or business as defined in section 513 of the Code. You need an employer identification number even if you have no employees. If an employer identification number was not entered on your application, we will assign a number to you and advise you of it. Please use that number on all returns you file and in all correspondence with the Internal Revenue Service. if we said in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help us resolve any questions about your exempt status and foundation status, you should keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Sincerely yours, Richard R. Orosco District Director Letter 1045 (DO/CG) Vi� Mviii.I YOR 45201 Date% )jilt- V7 e 40 D &VM llf B 550 B ST SM RAML, CA -94901-3858 BnA*ytas Idantification *uabcrz t+8-0311346 DLP: 17053145986039 Contact : PRNWU S BaRlt8mOT ID8 32258 Contact Teleoxim 1mber: tn) 829-s5oo oaz Letter Dated: . AMIL 12, LM Addeadus ��: no modifies -c ar letter at the above deft in %&job are staated tbet ym axial$ be tw eated as an or ,sat3aa that is not a poeivaite foa+mdaatiota tnta tate eapizutioaa oft your adva um sv23.ag period_ Your emmopt statue under section Sol (a) of tho Internal have=n Code as an Ozoaenitat3oae dA Clibed in section Sol (Az) {3) is *tin in egfect. Based on the intOrmetilcns ym submittal, we have deea mminad tbata you ase not a private fcaudatIOU within the megning cxf aaect3,at S09 {a) ed tLe Code i , .I 6k1jl, ym are an o's9enisatatiam► of the typol,.described in sectio 309 (ai) (1) and 170 (b) (3) 00 (vi) . T`1.Wsand Contrunt� maywswtioa to the }�� G.ly an � nut t�yison the Internal xy. NOMMver. It you loee Your section S09 (a) (1) ataams, a ,, . � „. . w �„ en: +aoIP't ettfioee slay sot rely an this detesuiaatiou if he or sbe We in part ,.1r1I, 1. 1 ...We Cir was of, the act or failure re tto act. CC the MAISLalitial tw wateeri el CBon the it the oargaaia.atiom that m=X*alted in yew loof sustatus, orif km eae Abe of ac+quirad kmmledge tbar. the satesaal Rovanus SuvIcee bad giveen ncr4ce tMt you wMad no lower be classified as a section 549 (a) (1) mgmdx&ticn. rf era leave- indicated in time beeadUg of this letter tbat as VVVUeat, the addeafts enclosed is on integral part of this letter. foamdatiom aetaW*, plans& keep it in yaw Pe=mw eieet meaom". Zf you ba ft say gnogtiwes, plaese =at&ct the pu=n riaose nano =a we shcte+n abo�vte: PERMIT FOR POSSESSION AND CONSUMPTION OF BEER ANJ) WINE IN BOCCE BALL COMPLEX The City of San Rafael hereby permits the Marin Bocce Federation and persons registered to participate and participating in the Federation leagues and organized activities, to possess and consume beer and wine on the Bocce Court Complex in Albert Park. This permit is granted by the Director of Community Services as authorized by Sections 2.16.028 (18) and 8.18.030B of the San Rafael Municinal Code, and is issued to the Federation subject to following terms and conditions: 1. This permit shall expire on November 30, 2030. 2. Possession and consumption of beer and wine shall only occur during the Federation sponsored, organized, and supervised activities, between the hours of 10:00 a.m. and 10:30 p.m. and only in the Bocce Complex at Albert Park. 3. The Federation shall be responsible for compliance with any and all other federal, state, and local regulations regarding the possession and use of alcohol. 4. The Federation shall not sell or furnish alcoholic beverages, nor allow or permit participants to sell or furnish alcoholic beverages to any person at any time in Albert Park. 5. The Federation understands, acknowledges and agrees that this permit is revocable by the City at any time without cause, upon forty-eight (48) hour notice. This permit may be immediately and automatically revoked upon violation of any of the terms and conditions of this permit or upon any violation of law by the Federation or its participants. 6. Federation shall have a supervisor or manager or other responsible organization official at the Complex when the alcohol permitted under this permit is being possessed or consumed. Said official shall be responsible to monitor conduct and shall immediately notify law enforcement should dangerous or unlawful conduct occur. 7. Federation shall notify in writing all registered participants in its organized activities as to the terms and conditions of this permit. Such writings shall include, but not be limited to, notices posted at the Complex, and a statement of these terms and conditions in the Federation's Rules and Regulations. Exhibit E DA`M"IOOIYYYY) CERTIFICATE OF4' _JASILIfY 4 SURANCE 11/1412011 q, L THIS T '4FE� S �4C� RiGHTS UPON T14E CERTIFICATE HOLDER A RAGE AFFORDED BY THE POLICIES TOCERTIFICATEIS iSSUED AS A MA-fTER *F ER TRE COVE Ly :�R AFFiRMATIVE - $V'?El_Y aXTrq ALT R(S), AUTHORIZED CERTIFICATE DOES 4,,'0 CN*-'TfTUTF_ A CCN-I�n _T aE BELOW. THIS CERTIFICATE OF INSURANCE DOES HOT _Ac , IWEEN THE ISSUING INSURE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. Icy(ies) be qndotaad. if SUBROGATION IS WAIVED, subject to IMPORTANT: If the certificate holder Is an ADDi`T1OMA'- aNSURED,the Pul .-, tesliont on this certificate does not confer rights to the Ste terms and conditions of thc, pollcY, certain Policies may m4Ltlre all A certificate holder In lieu oi such andorsoment(s). COHTACT tIAMP: FAX P PHONE (AIC. No%* 1WOD(U)ruff-Sawyer & Co. 88 Rowland Way, Suit-, ISOIL Novato, CA 94945 ADDRESS: ;;jUREH(S, Av-F I ORDING COVERAGE MAIC # (415) 878-2460 J%SURERA: NONI)rOfits' Insurance Alliance of CA v. INSURED Marin Bocce Fedemlion 550 B Street INSURER 0: San Rafael, CA 94901 1114SURER E: INSURER F: REVISION NUMBER' CERTIFICATE NUMBER: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED Aq0VE FOR THE POLICY PERIOD THAT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THIS IS TO CERTIFY IREMENT, TERM OR CONDITION OF ANY CONTRACT INDICATED� NOTWITHSTANDING ANY REQU HEREIN IS SUBJECT TO ALL THE TERMS, THE INSURANCE AFFORDED 13Y THE POLICIES DESCRI13ED CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, IONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED By PAID CLAIMS - --FOUCY &P EXCLUSIONS AND CONDITIONS ADDL'30k1ft' Vlfvn F0_5�� FFF LIMITS POLICY NUMBER (MWDWYYYYI (MOODOXYVI I 1,000,000 INSR TYPE OF INSURANCE INSR LTR 201106143 b8/141201, 08/14/2012 EACH OCCURRENCE TO RENTED S 500,000 GENERAL LIABILITY A DAMAGE _eBE&JMFS (FA S 20,000 X COMMERCIAL GENERAL LIABILITY ®R MM EXP 0" one Perean) $ 1,000,0W CLAIMS -MADE OCCUR PERSONAL& ADV INJURY $ GENERAL AGGREGATE $ 200,0001 PRODUCTS - CoMpJOP AGO $ 2,000,000 GEN't. AGGREGATE LIMf1*,VPL1FS PFR: $ Xl,,L,,y F Wr I COMBINED SINGLE LIMIT 1,000,000-- Ea A AUTOMOBILE LtAUILITY 201106-143 BODILY MAJOY O'er POM an ANY AUTO BODILY INJURY OW =dd-QJ ALL 01� AUTOS AUTOS MON-OWNED PROPERTY DAMAGE PROPERTY Is $ X HIRED AUTOS AUTOS rEIACH 2,0WOM A X UMBRELLA LIAR X I OCCUR 08/14i20II 08/14/2012 OCCURRENCE S 201106143UMBNPO AGGREGATE $ 2,000,OW EXCESS LIAR F1 CLAIMS -MAGE S DED I X I RETENTIONS 10,000 kTu- OTW L.L. WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN EACH ACCIDENT $ EbM ANY PROPRIETORIPARTNEREXECUT'VE MIA F -L DISEASE - EA OFFICERBAMBER EXCLUDED? {Mandatory In NH) E.L. DISEASE - POL Y L� Ww, desa#A under CR,pTM OF OPERATIONS bul— 08/14/2011 09/14/20121 BLimit: S 1,500,000; BPP Limit ea A Building/BU[SinPemnal CWBOO}35680806143 100,000; Deductible (Bldg. & BPP) $100,000; Property SI'000 DESCRIPTION OF OpERAnONS I LOCATIONS I VEHICLES tA"80hACORc0"AddHH`nW Rwnae" Sche"W'" mwe space is requked) EIfor Evidence of Insurance Purposes Only CANCELIATION CERTIFICATE HOLDER POUCIES BE CANCELLED BEFORE SHOULD ANY OF THE ABOVE DESCRIBED THE EXPIRATIODAT E THERE -OF, NOTICE WILL BE DELIVERED IN Evidence of Insurance AcCORDANCIE WITH THE POLICY PROVISIONS' 123 Any Street Any Town, CA 12345 AUTHORrLEOREPRESENTAIM.�..J I LOAN P. a 1988.2010 ACORD CORPORATION. All rights reserved. ID M. The ACORD name and logo are registered marks of ACORD ACORD 25 (201OM6) Attachment C San Rafael Park and Recreation Commission Meeting Minutes: November 17, 2011 (pending approval) Chairman Ralph Mihan called the meeting of the San Rafael Park and Recreation Commission to order at 7:10 p.m. Roll Call: Mark Bustillos, Eric Holm, Jeff Jones, Mark Lubamersky, Mark Machado, Ralph Mihan, Fred Warnecke, Commissioners Present:, Eric Holm, Jeff Jones, Mark Lubamersky, Mark Machado, Ralph Mihan Commissioners Absent: Mark Bustillos, Fred Warnecke Staff Present: Director Carlene McCart, Steve Mason, Recreation Supervisor Public Comment: Reuel and Sylvia Brady returned to the Commission for direction to proceed on fundraising for a donation to Freitas Park as discussed at the October Commission meeting. He also presented a proto type of the plague that was reworded to read "Grace" in response to Commission comments. Chair Mihan reported he visited Civic Center Park and observed the musical play feature there. The piece was in disrepair, however the volume, size and shape of the piece was acceptable, and therefore he suggested the Commission approve the donation of the musical play feature when the Terra Linda Homeowner's Association is ready to do so. Commissioner Lubamersky commented the plague wording was appropriate and a satisfactory compromise. The Commission will take a formal vote on the donation at their next meeting. 1. Action Items A. Annual Report from the Pickleweed Advisory Board Board Members Horacio Enriquez, Louise Yost, Jenny Broering, Nidal Khalili, Man Phan, Elizabeth Ruellan, and Chair Arlene Sukolsky joined the Commission to present the Annual Report of Board actions and issues for 2011. Director McCart introduced the item with a review of the Board charge, and the reporting relationship between the Commission and the Board with the goal of responsive community service at the Pickleweed Park Community Center and Library. Supervisor Mason reported on the activities of the Board over the last year and the number of partnerships the Center maintains with program and service providers as a result of the Board's selection, review and evaluation process. Chair Sukolsky addressed the Commission and introduced a video produced by the Board that highlights the activities, partnerships and program values at the Community Center. She offered the video as "myth busting". The video was produced by Board members over many months as a means to present the Annual Report, but also as a current marketing tool for the City and the Center. The Board and Commission viewed the video after which comments were offered. Sukolsky said the video was community building and beneficial to fundraising efforts. Mihan congratulated the Board on creating the environment in the Community Center where many different groups come to provide programs to the neighborhood and greater San Rafael. Commissioner Machado said the wide scope of the ages and interests highlighted in the video provides an accurate perspective for those who may visit the Center for specific programs and services. Commissioners noted their appreciation to the current board. Parks and Recreation Commission Minutes, November 17, 2011 Page 2 Mason made a presentation honoring Commissioner Man Phan for his many years of service to the Pickleweed Park Community Center and Library, and as founder of the Vietnamese American Friendship Club providing invaluable cultural and language education to immigrant Vietnamese families in the community. Mr. Man Phan will relocate to Sacramento next month. He received a standing ovation. After discussion it was M/s Lubamersky/Holm to accept the Pickleweed Advisory Board Annual Report AYES: Holm, Jones, Lubamersky, Machado, Mihan NOES: None ABSENT: Bustillos, Warnecke B. Review of Proposed Facility Use and Management Agreement for the Albert Park Bocce Ball Complex McCart introduced the item. Marin Bocce Federation has been in Agreement with the City for the use of Albert Park since 1993. During that time the Federation has made $1.1 million in improvements to the Complex and served the public with programs of open and league bocce ball play, community events, private fundraising events which hundreds of thousands of participants have enjoyed over the years. The Agreement document has been renewed and amended as more improvements and initiatives have been incorporated. With three years remaining on the existing Agreement, the Federation requests an extension of fifteen years to allow the organization to quality for a capital improvement and operational expense loan. The loan funds will be used to renovate the bocce courts, install solar equipment, and stabilize finances over the winter months when revenue from programs and rentals decreases. Tom Miller, President of the Marin Bocce Federation addressed the Commission. The Federation Board of Directors desires to maximize the opportunities for public service at the Bocce Complex. Currently the Federation averages $6000 per month in expenses and serves over 1,200 players, March through October of each year in league, open play, events and rentals. The bocce courts need to be renovated and in some cases rebuilt due to water intrusion. The cost for each court is $23,000. The Federation requires a loan to complete the work, and consider the installation of solar equipment for the production of electricity, a $180,000 cost. In addition a loan would provide bridge funding for operations during the down seasons of play. The Federation is hopeful that renovation and rebuilding the courts will qualify the Bocce Complex to host national competitions Bank of Marin has offered a financing package based on the Federation's cash flow. The Bank requires continuity of the Federation's use of the complex in order to make the loan. The Federation requests a 15 year extension on the current term of the Agreement for a total of 18 years going forward. Lubamersky inquired about the lifespan of a court surface. Six to eight years is average. Mihan asked if the renovations/rebuilding plans were designed to international play standards. The courts will be improved to those standards and will be slower, truer with less bounce than what are currently the conditions. When questioned about capacity, Miller stated 380-400 was the maximum attendance allowed. The Agreement addresses larger events, such as national Park and Recreation Commission Minutes, November 17, 2011 Page 3 competitions, calling for an Events Plan that will provide strategies for parking, traffic, noise, and other factors the City wishes to consider. Mihan noted the Agreement's alcohol service permit. He asked that it specify the fact that the City has authority to close any activity in a public park or place that threatens public welfare; therefore infractions of the permit could result in immediate action. Miller responded in the history of the operation of the Bocce Complex, one private group caused issues relating to alcohol consumption. That group is not allowed to return to the facility. Mihan went on to say a 15-year term on the new Agreement was acceptable, however that term should begin at the approval of the Agreement and not be combined with the remaining 3 years on the current Agreement. Miller responded the additional time was warranted and a specific request in the new Agreement. Mihan next commented on the wording regarding the cooperative merging of use schedules between the Federation and the San Rafael Community Center to avoid large group conflicts. McCart noted the correction and will amend the Agreement to reflect the change. Commissioner Holm noted the Agreement and its exhibits were not formatted correctly to be read by his computer, and thus he would abstain from the vote. After further discussion it was: M/s Lubamersky/Jones to recommend the City Council approve the Facility Use and Management Agreement for the Albert Park Bocce Ball Complex with amendments to reference the Municipal Code as it pertains to authority to close an activity in a public park or place, and the rewording of the section regarding cooperative use schedules. AYES: Jones, Lubamersky, Machado, Mihan NOES: None ABSTAINED: Holm ABSENT: Bustillos, Warnecke 2. Commission Items A. Director's Report McCart reported on the Pickleweed Fields over seeding progress, concerns for the concrete deck at the Terra Linda Community Pool, progress on Agreements with Marin Master Gardeners, Trust for Public Land, and expansion of rental space at Falkirk Cultural Center; new appointment of the Director of Human Services and Interim Library Director; City response to camping in parks and public places; partnership to replace the practice backboard at Albert Park Tennis Courts; Boards and Commissions Reception on December 7, Breakfast with Santa on December 10; and the appointment of Mary Ryan, Administrative Assistant at San Rafael Community Center. B. Falkirk Report There was no report Park and Recreation Commission Minutes, October 20, 2011 Page 4 C. Parks Report McCart reported the Parks Division is focused on seasonal activities including leaf removal in preparation for the storm season; the large cypress tree on 5th Avenue was removed successfully D. Report from Committees There was no report E. Approval of Meeting Minutes, June 16, 2011 M/s Lubamersky/Holm to approve the Minutes AYES: Holm, Jones, Lubamersky, Mihan, NOES: None ABSENT: Bustillos, Warnecke 3. Adjournment The meeting was adjourned at 9:10 p.m. Attachment C From: Samantha Sargent [ Sent: Tuesday, November 15, 2011 11:47 AM To: Carlene McCart Cc: Subject: Support for Renewal of Marin Bocce Federation's lease November 14, 2011 City of San Rafael Parks and Recreation Commission c/o Carlene McCart 618 B Street San Rafael, Ca 94901 Ms. McCart and Commissioners, My husband and I would like to express our support for the renewal of the Marin Bocce Federation's lease of space in Albert Park. They are wonderful neighbors, a positive influence on the character of our neighborhood, and supply a well needed source of inexpensive recreation to all age groups. They exemplify the type of private -public partnerships that truly benefits our parks and residents. We would very much like to see them in our park for another 18 years. Sincerely, Darren and Samantha Sargent San Rafael, Ca 94901 Carlene McCart From: Robert Beyea [ Sent: Tuesday, November 15, 2011 8:23 PM To: Carlene McCart Cc: marinbocce@aft.net Subject: Bocce resolution Attachments: GPNA, Bocce Lease Renewal.doc Carlene, Attached is the GPNA's full support for the Bocce Lease Renewal. They are great neighbors, and I personally play in a league every Tuesday night in the summer. Thanks. Bob BeyealGPNIIq President Bradley Real Estate San Rafael, CA 94901 01324046 I 1116/201 1 SUPPLEMENT TO: SRCC AGENDA ITEM #5 /l2/5/ll\ Begin forwarded message: From: "Carlene K8cCurt" <Cadene,K8cCartO.chxofsonrofaeiorq' Date: November 3O.2O115:U1:42PyWPST To: "Esther Bernn^<EetherBenne(a)cdxmfeanrafaeiora.> Subject: FW: jackie E-mail is support of the Bocce Agreement ----- Original Message ----- Sent: Wednesday, November 3O.2D114:28PK4 To: CodenaK8cCort Subject: jackie | vote yes hothe proposed update tothe current agreement with to an extension bo2O3D. Thank you, jookieSlade 12/1/2011 From the desk of Digne de Lenea P.O. Box 1438 San Rafael, CA 94915 ( December 2, 2011 Community Services Dept. Ms. Carlene McCart, Director City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 RE: Bocce Ball permit for Albert Park Dear Ms. McCart: I live within a block of the Bocce Ball Complex, have been since its inception and have several objections about its operation as follows: 1 Hours of operation - Sometimes during the summer there are people playing past 10pm and several times past midnight. The lights were fully on and the players seemed to have no consideration for the noise intrusion on the residential neighborhood. I would request that they wouldn't start before 10am and have their lights shut-off by 9:30pm and facility vacated by 10pm. Also, any live-in caretaker or late night access privileges should be prohibited. 2. Amplified sound is used for announcements and music which is easily heard inside my residence. For such a small facility I can't imagine why the volume is so high. I would like to enjoy my music/ TV/ conversation without being drowned - out by them. I suggest that they use a megaphone to make announcements and any amplified music be prohibited. Acoustical music is okay. 3. Barbecue grilling at times gets so intense that I have to close all my windows to keep -out the smell of charcoal / gas / searing meats. I suggest limiting the grilles to 3 and encourage players to not cook there. Sometimes it seems more people are drinking and partying than playing bocce. I accept the park will have activities that will generate noise, traffic and now smell but the Bocce facility has such an intense impact in a small area surrounded by high density residential uses on two sides. There was no survey taken from the neighborhood as to the appropriateness of such facility in that location or use of buffer zones/ setbacks to mitigate noise / smell or late / early activities. I assume politically connected sponsors got away with an easy approval. I hope planners and city officials be more even- handed this time. Sincerelv, Di,-0ne de Lenea 1 ,,ti C e rs t I e Park Is is GERSTLE PARK NEIGHBORHOOD ASSOCIATION Carlene McCart, Community Services Director City of San Rafael November 15, 2011 Dear Mrs. McCart Cc: Tom Miller, Chair, The Marin Bocce Federation Bob Beyea, Board President, The Gerstle Park Neighborhood Association (GPNA) I am writing on behalf of our Board to report that we wholeheartedly support the renewal of the Marin Bocce Federation lease at Albert Park. At our November 10' � Board meeting we passed the following resolution. Resolution, passed unanimously The Gerstle Park Neighborhood Association supports the Marin Bocce Federation Lease Renewal. The Board concluded that the Marin Bocce Federation has been "good neighbors" in the Gerstle Park area. We salute its policy of public inclusion and physical plant improvements which contribute to the special flavor of our neighborhood. Thank you for your consideration of our friends at Marin Bocce. Yours truly, Amy Likover. GPNA Secretary Carlene McCart From: Debbie Lawson ( Sent: Wednesday, November 09, 2011 10:14 AM To: Carlene McCart Subject: Supporting the bocce extension Hi- We live two blocks away from the Bocce courts. They draw mature, engaged, healthy groups of people who can celebrate living in the community and playing a sport that is good for all ages. There is no better use for such an area than that in my opinion. Please extend the agreement so that another generation can enjoy the park. Debbie Lawson Right -click here to .in.n,lnori .,;nfi roc 11L•76.Ti1)fil CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC,; AGENDA ITEM NO. DATE OF MEETING: December 5, 2011 FROM: Carlene McCart v j' -'- DEPARTMENT: Community Services DATE: November 28, 2011 TITLE OF DOCUMENT: FACILITY USE AND MANAGEMENT AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARIN BOCCE FEDERATION FOR THE ALBERT PARK BOCCE BALL COMPLEX Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL AGENCY AGENDA ITEM: City"Manager (signafur-e) 711011,...� i� APPROVED AS TO FORM: City Attorney (signature)