No preview available
HomeMy WebLinkAboutCS Nave Boxingcarr of :%�A Agenda Item No: 3c Meeting Date: July 2, 2012 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Services Prepared by: Carlene McCart, Director City Manager ApprovaTl, SUBJECT: Resolution to Approve a Facility Use Permit Requested by Liberty Boxing Enterprises, LLC, For Use of Albert Park Stadium and Baseball Field, September 14, 2012 for a Professional Boxing Event. RECOMMENDATION: Approve Resolution BACKGROUND: In 2011 the City Council upheld an Appeal to issue a Facility Use Permit to Liberty Boxing Enterprises, LLC for use of Albert Park Stadium and baseball field to stage a professional boxing event. One of the factors represented in the Appeal was that this was to be a singular event, one time only. The event was held on September 16, 2011, with approximately 900 in attendance. There were no negative incidents associated with the event. The City received a number of calls regarding the noise generated. Complaints over noise impacts of the boxing event were referenced during the subsequent public process that resulted in the Agreement between the City and Centerfield Partners for use of the same facilities. On April 30, Mr. Nave submitted a request for a Facility Use Permit seeking permission to use Albert Park facilities for a second professional boxing event to be held on September 14, 2012. The request is attached to this report as Exhibit A. Staff recommended a public process of review of the 2012 request for the following reasons: • The boxing event is an exception to the historical and typical use of the facilities • The 2011 Permit was issued with the understanding that the event was a one-time occurrence. • Noise generated by the 2011 event impacted the surrounding neighborhoods. On June 21, the Park and Recreation Commission reviewed the request. The meeting was noticed to all addresses within 500 of Albert Park, as well as announced in the local media and posted as per the Brown Act mandates. Eight members of the public attended, along with Mr. Nave. Two comments were submitted via e-mail Draft meeting minutes of the meeting are attached as Exhibit B. ANALYSIS: The event is anticipated to draw between 1000-1200 attendees. Admission will be charged and gates are requested to open by 6:30 p.m. The event will conclude at 10:30 p.m. and break down of the equipment will require an additional two hours. Beer, wine, and food will be sold. In addition to the stadium seating for 800, three sections of chairs will be set up around the temporary boxing ring installed near the home plate area of the baseball field. The field lights will be utilized. FOR CITY CLERK ONLY File No.: __Ly Council Meeting: -7 It"L f t Disposition: =ti'v L U T e 1 S 1 I SAN RAFAEL CITY COUNCIL AGENDA REPORT / PaL3e: 2 Of the eight members present at the meeting four spoke in favor of issuing the Use Permit. No one spoke in opposition. Two residents wrote by e-mail their opposition to the Permit. The Gerstle Park Neighborhood Association Board of Directors did not meet to discuss the issue but took an e-mail vote to support the event and the issuance of a Permit three to zero in favor, with two abstentions. Copies of the e-mail correspondence are attached as Exhibit B. The Commission deliberation is included in the attached draft meeting minutes. At the conclusion of the discussion, the Commissioners expressed concerns for the impacts of such events on the neighborhoods. Commissioners agreed events of this type have positive impact on the business community, and noted the suggested event management plan will address noise issues. A copy of the Professional Boxing Event Management Plan is attached as Exhibit C. The consensus of the members was that absent a clear policy addressing use of Albert Park for activities other than baseball, softball and volleyball, there are no specific criteria to deny the request. The Commission agreed to develop such a policy over the course of the next months and provide an opportunity for public input before a policy is adopted. The Commission unanimously recommended the City Council approve the request for the Use Permit. FISCAL IMPACT: The Commercial rate for use of Albert Park Stadium and baseball field applies to this Use Permit. Liberty Boxing Enterprises, LLC will pay $80 per hour for use of the facilities, approximately 12 hours, and $40 for use of the field lights, approximately 4 hours. Associated costs for required security, garbage, restroom facilities, equipment, materials and supplies will be born by Liberty Boxing Enterprises. The total fees applicable to this use are approximately $1,120, pending the number of hours the facilities are utilized. Liberty Boxing Enterprises assumes all costs for required services such as parking, security, concessions, garbage, temporary restrooms, and equipment for the event, and will assume responsibility for damages to City property resulting from the use. Event insurance will be required of Liberty Boxing Enterprises, LLC. OPTIONS: 1. Approve a Resolution to issue a Facility Use Permit requested by Liberty Boxing Enterprises, LLC, for use of Albert Park Stadium and Baseball Field, September 14, 2012 for a professional boxing event. 2. Deny the request for a Facility Use Permit requested by Liberty Boxing Enterprises, LLC, for use of Albert Park Stadium and Baseball Field, September 14, 2012 for a professional boxing event. ACTION REQUIRED: Approve the Resolution to issue a Facility Use Permit requested by Liberty Boxing Enterprises, LLC, for use of Albert Park Stadium and Baseball Field, September 14, 2012 for a professional boxing event. Encls. A. Request for Use of Albert Park B. Draft Minutes of the Park and Recreation Commission Meeting, June 21, 2012 C. Correspondence received by the Park and Recreation Commission, June 21, 2012 D. Professional Boxing Event Management Plan, September 14, 2012, Albert Park Baseball Stadium and Field. RESOLUTION NO. 13379 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO APPROVE A FACILITY USE PERMIT REQUESTED BY LIBERTY BOXING ENTERPRISES, LLC, FOR USE OF ALBERT PARK STADIUM AND BASEBALL FIELD, OCTOBER 19, 2012 FOR A PROFESSIONAL BOXING EVENT WHEREAS, the City of San Rafael owns and operates Albert Park and the stadium and baseball field facilities therein; and WHEREAS, Mr. Paul Nave, President of Liberty Boxing Enterprises, LLC requests the use of the stadium and field facilities in Albert Park to stage a professional boxing event on October 19, 2012 and; WHEREAS, Mr. Nave utilized the facilities on September, 16, 2011 for an identical event with no negative incidences or impacts with the exception of noise; and WHEREAS, the San Rafael Parks and Recreation Commission reviewed the request and received public input at a regular meeting on June 21, 2012; and WHEREAS, the Commission voted unanimously to recommend the City Council approve a Use Permit for the facilities for the event on October 19, 2012, subject to the provisions in the Professional Boxing Event Management Plan, October 19, 2012, Albert Park Baseball Stadium and Field. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, TO APPROVE , FACILITY USE PERMIT REQUESTED BY LIBERTY BOXING ENTERPRISES, O. OF ALBERT.a. STADIUM BOXINGAND BASEBALL FIELD, OCTOBER 19, 2012 FOR A PROFESSIONAL I, 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 2nd of July, 2012 by the following vote, to wit: AYES: Councilmembers: Connolly, Levine, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Heller Esther C Beirne, City Clerk Exhibit A B 0 ENTERPRIS S, LLC 390 Bel Marin Keys Boulevard, Suite E I Novato, CA 94949 1 Phone (416) 454-1113 - Fax (415) 464-7117 April 30, 2012 City of San Rafael Ms. Carlene McCart, Director of Community Services 1313 Fifth Avenue San Rafael. CA 94901 CC: Robert Epstein, City Attorney; Brian Auger, Events Coordinator; Gary Burns, recreation SUpervisor Dear Ms. Carlene McCart: Per our recent non -formal discussions, I Paul Nave, President of Liberty Boxing Enterprises, LLC, would like to formally request the use of Albert's Park Field Facility for a professional boxing event outside under the lights on Friday September 14, 201)_ The plan is to once again, erect a temporary boxing ring in close proximity to home plate of the hardball diamond, utilizing the existing metal grandstands for seating on one side of the ring, erecting three sections of folding metal chairs on the other three sides of the ring and standing room behind the seating areas. The event plan is to have four or five bouts, opening the gates at approximately 6:00 PM or 6:30 PM with the first bout starting at 7:00 PM and ending at approximately 10:00 to 10:30 PM, The plan is to also have concessions, one selling food and another selling beer and wine benefiting a non-profit organization. At the conclusion of the last bout, breakdown of the ring, chairs and clean-up would begin immediately, ending approximately one and a half to two hours later. As a boxing event Promoter and Professional Pri/efighter, I have a lot of experience in producing these t� pes of events. In the past. I've worked successfall-, - with the County of Marin holding a boxing event in an airplane hangar at Gnoss Field in Novato and multiple boxing events at the klarin Center Exhibit Hall and Nfarin Veterans' Memorial Anditoriurn including a World Championship e-, ent televised live internationalh on ESPN 22 I've also pro<lucc4 inany successful boxing events in Petaluma at the Petaluma Veterans' Memorial Auditorium. f ani aware of the importance of safctv`/securitN . parking. insurance_ etc. and will meet the requirenients of the citv of San Rafael, In regards to our successful event held at Albert's Field Inst }ear on September 16, 201 L I plan on once again being a gocyd steward of the land and doing, rn.A utmost to have mininial impact on the surrounding neip i - ,hborhcd. And just like last year, the field will be �acaledand cleaned irninediatch ,after the event that night as to not inipede x8ithajiN subsequent use ofAlbert's Field, It. is un hope to once a,a n hold a professional boring event offering a unique and different experience tinder the lights at Albert's park. in a sradim-n alloosphere for the cominunit\ (hank X Cal for your attention in this matter �i_ _N Pwil Na\c esident I -iberiN Boxim, Entemnscs, LLC 4_'411 rl a4 ;1`41�) 6,8,0-4)7-() PARK RENTAL CONTRACT PARF_ AREAS AND FACILITIES CITY OF SAN RAFAEL DATE SUBMITTED C/O 618"B" STREET. SAN RAFAEL, CA 94901 RECREATION DEPARTMENT (4 15) 485-3333 (4 15) 485-3186 fax SAN RAFAEL, CALIFORNIA This application/contract is issued in accordance -with the policies established by the City Council of the City of San Rafael. Failure to comply with policies may cause reason to revoke this agreement. PLEAS"EVIEW ALL RULES AND Date of Use: Days(s) of Week (Circle) Monday IONS ATTACHED PRIOR TO COMPLETING APPLICATION Tuesday Wednesday Are you a non-profit organization? Non -Profit # Is the event a fundraiser? Is the event open to the public? Will admission be charged? Will alcoholic beverages be served? (Gerstle Park Redwood Grove ONLY) Will alcoholic beverages be sold? ABC Permit # Work phone ',ty %� Zip Code Phone 1 Estimated A endance Eburs: from to Thursday Friday Saturday Sunday YES NO I HOLD HARMLESS/MANDATORY ARBITRATION AGREEMENT As an applicant for use of City of San Rafael areas or facilities, I hereby agree to assume all risks for loss, damage, liability. injury, cost or expense that may arise during or be caused in any way by use or occupancy of an area or facility of the City of San Rafael. I hereby agree to indemnify and hold harmless the City of San Rafael and its officers and employees and any community organization co -sponsoring the program, from and against any and all liability for any injury which may be suffered by me or my child, arising out of or in any way connected with participation in the MANDATORY ARBITRATION OF CLAIMS AGAINST CITY. It is hereby expressly understood that any claim asserted against the City by the undersigned participant, either on behalf of him/herself or on behalf of another person, on account of bodily injury, mental disturbance, death or property damage, sustained as a result of, or for any reason connected with the use of City property, facilities, or programs pursuant to this rental contract will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court proceedings. THE CITY AND THE UNDERSIGNED BY EXECUTION OF THIS CONTRACT ARE GIVING UP THEIR CONSTITUTIONAL RIGHT TO HAVE ANY DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY AND INSTEAD ARE ACCEPTING THE USE OF ARBITRATION. I further agree, if alcoholic beverages are served, that I will provide public liability insurance in the amount of $1,000,000 with the City named as additional insured to protect the applicant and the City from loss, claim, liabilities, or damages, and/or injuries to persons and property attending tine function. (Only applicable to Gerstle Park Redwood Grove park rentals. Alcohol is prohibited in all other San Rafael parks.) I have read both sides of rental application and agree to abide by the General Policy ` as stated Visa MasterCard Discover American` Express (circle one) Credit Card #` 'I Driver's License No. C r State iana� FOR OFFICE USE ONLY FACILITY Albert Park Field O Softball Diamond (} Baseball Diamond O Lights Group Picnic Areas {) Boyd Park Picnic Area t) Redwood Grove at Gerstle Park- Gerstle arkGerstle Park Lower Picnic Areas t 2 O Pickleweed Park Picnic Area (} Santa Margarita Park (Love er area only) ( j Stun Valley Park (Lower area only) t l Terra Linda Park i 1 Victor !ones Park: Upper Area Large Area Grass Area USED PERMIT APPROVED BY: Date: I�1 Expiration 1p— of EXHIBIT B San RafaelPark and Recreation Commission K8emtm0 Minutes: June 21.2p12 Chairman Ralph Mihan called the meeting of the San Rafael Park and Recreation Commission to order ed7:18 p.m. Roll Call: W1orkBuatiUoa. Eric Holm, Jeff Jones, MarkLubamenskv. Mark Machado, Ralph K8ihen Commissioners Present: Eric Holm, Jeff Jones, Mark Machado, Ralph Mihan (Mark Bustillos and Jeff Jones arrived at7:1Sp.m. Mark Lubamarshvarrived sd7:25p.nn) Commissioners Absent: None Staff Present: Director Carlene McCart, Parks Superintendant Dave Davenport 1. Action |henns A'Application for Use Permit for Albert Park stadium and Baseball Field for wProfessional Boxing Event, September 14,2B12 Director McCart introduced the item with a brief history and current utilization description of the Albert Park Stadium and Baseball Field. She went on to chronicle the process by which Mr. Paul Nave, Liberty Boxing Enterprises, LLC appealed the staff denial to the City Council in 2011 for use ofthe facilities for aprofessional boxing match. One element ofthe appeal was the intention ofMr. Nave hoproduce the event one time only. The event was held unSeptember 1G.2O11. No negative incidents occurred as a result of the event; however complaints of noise impacts were received by the City directly after the event and during the public process related to the Agreement between the City and Cenbadie|dPartners. The City received on additional request from Mr. Neve on April 30 to again use the stadium and baseball field for a second boxing event September 14, 2012. Mr. Nave submitted Application for a Use Permit, seeking permission to use Albert Park Facilities for a second professional boxing event tobeheld onSeptember 14.2O12. The event ioanticipated tudraw between 1OOU-12OD attendees. Admission will be charged and gates are requested to open by 6:30 p.m. The event will conclude at1O:3Op.m.and break down ufthe equipment will require anadditional two hours. Beer, wine, and food will besold. |naddition tothe stadium seating for 8DO.three sections of chairs will be set up around the temporary boxing ring installed near the home plate area of the baseball field. The field lights will be utilized. The Park and Recreation Commission were charged with reviewing the Application, as well as taking public comment on the merits of the Application, toprovide arecommendation tothe City Council. K8uCartnoted that Mr. Nave has promohed, and competed in events usa professional prize fighter in a number ofsuccessful local events held at the Marin County Civic Centar, a hangar facility at Gnoss Field and other indoor venues. His experience and professionalism has earned him a reputation for well organized and executed boxing events. The primary issue for the City is the suitability of the stadium and field for this event. The additional considerations for the City relating to this request are: Parks and Recreation Commission Draft Minutes, June 21, 2012 Page 2 1. The 2011 boxing event was approved by the City Council on a one-time only basis, as stated in Mr. Nave's Appeal. Community support was expressed, in part, on this assumption. There was no implication that the City would approve additional events based on the performance compliance of the 2011 event. 2. There were complaints from residents around Albert Park about the noise generated during the 2011 boxing event. Most of these complaints were expressed during public meetings after the event as the City processed a Use Agreement with Centerfield Partners. City officials responded in those public meetings that the boxing event was a one-time occurrence, as it was represented to the Council. 3. Since the 2011 boxing event was approved, legal action against the City, in connection with the Use Agreement with Centerfield Partners, called into question the use of Albert Park Baseball and Stadium for events not related to current levels of baseball and softball activities. There was assertion that environmental review was warranted. The Court decision went in favor of the City, but it is now under Appeal. 4. This Application, and potentially others, demonstrates the need for a policy that sets clear guidelines for the use of Albert Park facilities for activities other than baseball, softball or volleyball, for which the complex was designed. Staff recommended the public process conducted in Commission meeting would satisfy the desire to invite public comment on a second event. The meeting was noticed to 500 addresses around Albert Park, in the media and through postings required by the Brown Act. To address the noise issue, staff recommended the sound system installed in the stadium be utilized and supplemental systems not be permitted. The Commission is asked to determine if the boxing event is appropriate for the facilities, and to consider a new policy to address criteria for uses of the venue that are not related to baseball, softball and volleyball, the primary activities. Mr. Nave began his presentation with a recount of the application and appeal. He felt he was denied use of the Albert Park facilities unfairly by staff, denied permission to use the venue with no explanation, and was treated differently from Centerfield Partners by the Commission. He had neighborhood support for his application and finally appealed to the City Council and was granted use of the facilities. He was required to do as much for his boxing event, a one time event, as Centerfield Partners were required for the baseball season in terms of parking, security, concessions, utilities, etc. He asserted that all aspects of the event ran smoothly and all City requirements were met. He reported downtown restaurants were "packed solid". The event was 3-3.5 hours in duration. Nave said the stadium public address system had not been used in many years, and he supplemented the system with his own. He is willing to use the existing sound system if permitted to hold his event in Albert Park. Mr. Nave went on to say, that since he was aware that dates were available at Albert Park he requested a use Permit for a second boxing event. He spoke with members of the City Council and they did not vote for his 2011 event based on the premise that it was a one time only request. He wants another opportunity to stage his event. He feels the process of application is unfair to him. Commissioner Holm asked if granted, does Mr. Nave intend to ask for additional uses of Albert Park. He replied that boxing events are expensive to stage, he will not compete again, but he would be interested in promoting additional events if the new use policy allows. Parks and Recreation Commission Draft Minutes, June 21, 2012 Page 3 Commissioner Jones asked if the event had any production problems. Nave responded that noise complaints were received and that there was a problem with some of the concession equipment, but the event was not impacted. Commissioner Machado inquired if the attendance estimates were accurate. Mr. Nave responded while the 2011 event was not a sold out, the estimates are current for 2012. Chair Mihan invited public comment. Len Rifkin, friend of Mr. Nave encouraged the Commission to support the request because the event is a known commodity, the existing sound system should eliminate the noise impacts, the boxing event is consistent with occasional historic use, referencing a professional wrestling match staged in Albert Park in the 1960's and Mr. Nave is a professional promoter. Andy Bachich, friend of Mr. Nave and local business owner urged approval of the Use Permit because Mr. Nave is considered a legacy of boxing, the event is good for the City, and it brings customers to local businesses. Samantha Sargent presented an e-mail of support for the event from the Board of Directors of the Gerstle Park Neighborhood Association. She explained the vote was taken by e-mail, and not in a formal meeting of the Board, and was approved 3-0-2. Chair Mihan asked if the vote of the Board represented the residents of the Gerstle Park Neighborhood, She replied it represented the Board members who represent the neighborhood. They feel the boxing event is a compatible use of the Albert Park facilities, good for local business, and aligns with the vision of the City as an entertainment hub. Noise will impact varied areas. If the event is not detrimental to the field it should be used. Frequency of use does not matter; if events are held in a respectful manner they should be allowed. Mario Ortega, of fifteenruns.com spoke in favor of the event. He attended the 2011 event. Public safety is top priority and Nave has a strong security force. The crowd attracted to this event is not the stereotype; most are friends and family of Nave. Ortega asked for this event and other boxing events to be allowed. Chair Mihan noted that two e-mails in opposition to the event were received from neighbors. A homeowner on C Street is opposed citing with f the Centerfield Partners use of the park "I do not wish for thereto be anymore sports uses of the park especially given the recent uptick in violence post baseball games. I do not think that boxing will attract a crowd that will enhance our already suffering neighborhood. With all the sober living homes, homeless situation and baseball crowds, the neighborhood has been spiraling out of control - there was even a high speed chase that ended in a car crash a block from my house last week" A resident on Mariposa Avenue wrote "We were under the impression that the park was to be used for semi pro baseball games during the spring and summer months. At no time were we informed that, under the agreement between the city of San Rafael and the LLC operating the field, there would be other types of sporting events during the rest of the year. Such events would be very disturbing to us and our tenants. We now feel that both the applicant and the city of San Rafael have been less than honest with the property owners in their portrayal of events allowed at Albert Park. Had we known what was planned, we would have immediately contacted your office to express our dismay and disapproval." Public comments concluded, the Commission deliberated. Commissioner Lubamersky attended the 2011 event. The noise from the event could be heard in the Bret Harte neighborhood. He Parks and Recreation Commission Draft Minutes, June 21, 2012 Page 4 finds the use acceptable, but does not subscribe to a comparison between baseball use and boxing use. The park should not be a negative to any neighborhood. The support of the Gerstle Park Neighborhood Association is interesting given the objections from some residents during the discussions around the Centerfield Partners Agreement. Commissioner Jones expressed regret he did not attend the 2011 event. Without a clear policy related to uses of the facilities, there is not basis to deny this request. Commissioner Machado felt the event is good for the City, and as it is acceptable to the neighborhood, absent a use policy there is not grounds for denial. Commissioner Bustillos commented Mr. Bachich produces successful events for the community and along with the GPNA support, he supports the request. Commissioner Holm noted that the Picnic Hill neighborhood is the most impacted by the use of the stadium and ball fields. if the sound system can be regulated and directed away from that direction, the current use policy does not preclude the boxing event. Chair Mihan asserted the Albert Park facilities are designed and maintained for baseball, and should be used for such. The Civic Center is a better venue for a professional boxing match. Without a policy, he will vote yes with the condition that this will be the last approval before a new policy is in place, for Mr. Nave applying as a competitor or a promoter. The discussion concluded with: M/s Lubamersky/Machado to recommend to the City Council approval for the one time use of Albert Park for a professional boxing event promoted by Liberty Boxing Enterprises, Paul Nave, President, September 14, 2012. AYES: Bustillos, Holm, Jones, Lubamersky, Machado, Mihan NOES: None ABSENT: None B. Consideration of the Process to Develop Policy Regarding Use of Albert Park McCart introduced the item by explaining that 95% of the use requests for Albert Park are related to community based baseball, softball and volleyball activities. The facilities are designed and maintained for these activities. The fee schedule is designed to promote community use of the facilities for these activities. These requests for Use Permits are processed by staff. Occasionally requests are submitted for other large group events. Most are not appropriate for the venue or do not fit into the field schedule. Some, like the Davidson Middle School graduation are approved based on the type of event, time of day, impact on the other uses of the park, community center, and neighborhood, and benefit to the community. The San Rafael Municipal Code allows for the denial of use, but lacks clear criteria for such. Staff has asked for the Commission to conduct a public process around a request for use in the past to provide community perspective on the best and most acceptable uses of City facilities. Staff recommends that a new policy be developed specifically for Albert Park to: Insure equitable treatment of requests ~�~~� ^�� Exhibit �� From: Jennifer . Sent: Monday, June 18,3O12 12:09 PM To: Carlene McCart Subject: FW: June 21, 7prn, 618 8Street - Parks@kRecRevievv- Bowing Event Greetings Carlene, I am o homeowner at]O2 CStreet and I wanted tocomment on the proposed boxing event. I was completely in favor of the minor league baseball using Albert Park, but I do not wish for there to be anymore sports uses of the park especially given the recent uptick in violence post baseball games. I do not think that boxing will attract a crowd that will enhance our already suffering neighborhood. With all the sober living homes, homeless situation and baseball crowds, the neighborhood has been spiraling out of control - there was even a high speed chase that ended in a car crash a block from my house last week. Please assist us in turning down events that do not foster a healthy and family oriented neighborhood. Many thanks, Jennifer Date: Mon, 18 Jun 2012 10:41/45 -0700 Subject: June 21,7om,618BStreet - Parks @kRecReview ' Boxing Event From: info@gerstepark.conn Received Friday from Carlene McCart, Director of Community Services PUBLIC NOTICE REGARDING A PROPOSED FACILITY USE IN YOUR NEIGHBORHOOD NOTICE OF PARK AND RECREATION COMMISSION MEETING You are invited to attend the June 21st meeting of the Park and Recreation Commission when the following proposed Application: Liberty Boxing Enterprises, LLC, Mr. Paul Nave, President— Request for use of Albert Park Stadium purpose of staging a professional boxing event on Friday, September 14.2012.6:0U-1O:3Up.m. MEETING D/TE/T|8HE/LOCATON: Thursday, June 212812,7:O0p.m.San Rafael Community Center, G18BSkael FOR MORE INFORMATION: Present at this meeting will be the Applicant, Commissioners and representatives of the 1 Applicant will present the proposed Use Request and answer questions about the event. Representatives ofthe City vx questions relating toCity process and policies. Contact Carlene MnCart.Director, Community Services at(415)485'33 You can also come hothe San Rafael Community Center, bzreview the App|kmda WHAT WILL HAPPEN: The purpose of this meeting is toreview the proposed Application and make amumnmendo approval ordenial based onpolicy, public input, history and facility capacity boaccommodate the event. Thank you for y NOTICE OF PARK AND RECREATION COMMISSION You are invited to attend the June 21st meeting of the Park and Recreation Comr proposed Application for Use will be reviewed. Application: Liberty Boxing Enterprises, LLC, Mr. Paul Nave, President— Request for use of Albert park Stadium ai purpose of staging a professional boxing event on Friday, September 14, 2012, 6:00-10:30 p.m. MEETING DATE/TIME/LOCATION: Thursday, June 21, 2012,7:00 p.m. San Rafael Community Center, 618 B Stre FOR MORE INFORMATION: Present at this meeting will be the Applicant, Commissioners and representatives of the ( Applicant will present the proposed Use Request and answer questions about the event. Representatives of the City w questions relating to City process and policies. Contact Carlene McCart, Director, Community Services at (415) 485-32 carlene.mccart(o)citvofsanrafael.org. You can also come to the San Rafael Community Center to review the Applicatior open 8:00 a.m. to 5::00 p.m. weekdays. WHAT WILL HAPPEN: The purpose of this meeting is to review the proposed Application and make a recommenda approval or denial based on policy, public input, history and facility capacity to accommodate the event. Thank you for y From , Amy Likover < Subject: GPNA Resolution, Sept 14 Event Date:, June 20, 2012 2:41:57 PIVI PDT To: pnavegsbcglobal.net Cc, Hi Paul, Bcc to GPNA Board, Cc to Samantha so I learned the other day from neighbor Samantha Sargent that you are interested in hearing from the GPNA about your Sept 14th Boxing event in time for Thursday's Parks & Rec hearing. To expedite a statement, one Board member proposed a motion, one seconded and the Board • 5 of us voted via email. Here are the results. Moved HL, Seconded HS: "The GPNA supports the Sept 14th Paul Nave boxing event in Albert Park provided that the sound issues (public address system pointed towards uphill residents, and it was too loud) be rectified. " The vote was 3 in favor and 2 abstentions. Motion carries. Good luck on Thursday, Paul! Yours truly, Any Likover, President Gerstle Park Neighborhood Association From: Rames, Linda [ Sent: Monday, June 18, 2012 5:13 PM To: Carlene McCart Subject: Re: my e-mail address Dear Ms. McCart; We are property owners of 61 Mariposa Rd. which is directly behind Albert Park. We were under the impression that the park was to be used for semi pro baseball games during the spring and summer months. At no time were we informed that, under the agreement between the city of San Rafael and the LLC operating the field, there would be other types of sporting events during the rest of the year. Such events would be very disturbing to us and our tenants. We now feel that both the applicant and the city of San Rafael have been less than honest with the property owners in their portrayal of events allowed at Albert Park. Had we known what was planned, we would have immediately contacted your office to express our dismay and disapproval. Linda & Robert Rames On Mon, Jun 18, 2012 at 5:00 PM, Carlene McCart <Carlene.McCart( wrote: Here you go. Carlene McCart, Director San Rafael Community Services 618 B Street San Rafael, CA 94901 tel: fax: 415.485.3186 Professional Boxing Event Management Plan September 14, 2012 Albert Park Baseball Stadium and Field Agreement Exhibit DU U The City ofSan Rafael will issue aUser Permit toLiberty Boxing, LLC for the use ofAlbert Park Stadium and Baseball Field on September 14, 2012 contingent on compliance with requirements for deposits, fees, insurance and documentation of performance included in these conditions. 1. Rates For the purpose documentation the hours and dates of the reservation are assumed to be 12 p.no.Friday, September 14through 12a.nm.Saturday, September 15. Additional hours for clean upmay be assessed, asneeded. Fees are $8Oper hour for facility use and anadditional $4Oper hour for the use offield lights. 2. Site Plan A. All seating and equipment must be placed in compliance with Americans with Disability Act, and local codes. B. Specific ADA compliant seating, path oftravel, accesses and restroom facilities are C. Gates to the north and south of the main entrance to the stadium may be utilized to deliver equipment and supplies. Gates onAndersen Drive and /or Albert Park Drive may not to be used for set up or take down of the event. D. Vehicles are not allowed on turf. E. Accesses must be approvedbythe Community Services Department before the day of the event. F. No vehicle access on the field is permitted. G. Norestnmmsorconcessions equipment may beset onturf areas. H. Standing room areas must be clearly marked and cordoned off to prevent attendees from flowing out over the entire field surface. 2.Traffic/Parking A. Gates may not open earlier than 6:30 p.m. on the date of the event to avoid peak p.m. downtown traffic. B. Submit the list ofboxing opponents and their corresponding homnetownsassoonas possible so traffic patterns may adequately be determined. C. Submit a copy of the lease agreement or other written documentation with Seagate Properties for use of the San Rafael Corporate Center parking lot for the night of the event. Submit ansoon aspossible but nolater than August 15,3O12. D. Include event parking information inthe promotional materials for the event. Parking is not available |nthe neighborhoods. City parking lots should bepromoted assecondary tothe Seagate parking lot. E. Liberty must provide appropriate signage to direct cars into the Seagate Properties parking lot. F. Parking lot attenclant(s) must be provided for parking assistance, security from the time gates open until Y2. hour after the event conclusion. G.Parking lot attendants must either direct cars deep into the parking lot toavoid queuing on the roads or direct cars into available stalls. H. Attendees must not bepermitted to use the parking lot for tailgating, picnics, parties, alcohol consumption or other inappropriate behavior 1. Parking fees must be low to no cost to attract a majority of event attendees. J. Crosswalk at Linclaro and Andersen must be promoted as the only legitimate area to cross the street tothe Stadium. Police Department Staff ortheir approved equivalent must be present in the crosswalk before and after the event. K. Sidewalk barriers along Andersen Drive must be placed to prevent jaywalking from parking lot toStadium. The City has such barriers; Liberty Boxing will beresponsible for placing them and removing after the event. A. Event must utilize the facility public address system, at the approved volume settings. No additional sound systems are permitted. B. If decibel readings indicate a violation of the Municipal Noise Ordinance, Liberty Boxing is required to decrease the amplification volume levels immediately upon notice. C After 1Up.m.minimum use ofthe public address system for announcements is permitted. No amplified music is permitted after 10:00 p.m. 4. Concessions A. The operation of all concessions must comply with Marin County Health Codes and B. Concession equipment, sales locations, and products must be approved by the Community Services Department at least two weeks before the event. C. Garbage generated from concession operations must be removed from site at the conclusion of the event. D. Concession service is limited to inside the stadium. No sales to non ticket holders. Liberty Boxing must obtain a one -day sales license from the State Alcoholic Beverage Control Agency and is responsible for completing the required documentation from the Community Services Department and the Police Department. F. If a non-profit 501(C)3 is issued the license, that organization must name the City of San Rafael as an additional insured for the day of the event against any claim of injury or property damage as a result of the sales of alcoholic beverages. G. Sale of alcoholic beverages will conclude one hour before the anticipated conclusion of the event. H. Sales of alcoholic beverages must be limited to two per purchase. I. Sale of alcoholic beverages will be refused to any attendee displaying any signs of overindulging, unruly behavior, or unreasonable multiple purchases. S. Security A. Security Services must submit proof of insurance and bond. B. Security services and assignments must be approved by the Police Department and supplemented if required. C. Security personnel must provide regular patrols around the ballpark perimeter, regular patrols inside the event venue, in the Seagate Properties parking lot, and before and after the event and along major walking routs from the ballpark to parking areas D. Liberty Boxing must provide a list of permitted and prohibited items for attendees to bring into the Stadium and onto the field. Glass, aluminum cans, alcoholic beverages, noise makers etc must not be permitted inside the gates. Event staff must check patrons at entry for prohibited items. E. City of San Rafael has the authority to terminate the event to preserve public welfare, as determined by authorized representatives of the San Rafael Police Department and/or Community Services Department. 6. Medical Services A. Ambulance, paramedic and EMT services must be approved by the Fire Department and supplemented if required. 7. Utility Services A. Concession stand and beverage stand generated garbage, boxes, cans, bottles; etc shall be removed from the site at the conclusion of the event. General garbage beyond the capacity of the site garbage receptacles must be removed from the site at the conclusion of the event. Portable restrooms, or other rental equipment, may not be delivered before the day of the event. C. Liberty Boxing must be on hand to take delivery and oversee pick up of the portable restrooms and any other rented equipment. The City will not open the facility or take responsibility for the delivery or pick up of rental equipment. D. Liberty Boxing will review the power sources with Community Services staff and the caterer prior to the event. 11 Liberty Boxing, LLC Event Albert Park September 14, 2012 Use Conditions Check List 1. Event Lay Out A. Setup Plan approved Community Services B. Setup approved Community Services 2. Date:9/14/12 Title A.Documentation ofFight Card submitted Date Community Services Date Q. Parking Lot lease agreement received Date Community Services Dat (signature) C. Crosswalk security personnel approved Date San Rafael Police Department Title (signature) D. Sidewalk barriers issued Date: Events Coordinator Title A. Public Address systemtested/approved Date Community Services Title 5 4. Concessions A. Concession equipment, sales locations, product approval Date Community Services Title (signature) B. Letter toABC provided toLiberty Boxing Dat Community Services Title (signature) C. Police Department authorization for ABC Application Date Police Department Title (signature) D. Copy ofABC Permit submitted Date Community Services Title (signature) E. Non profit 501([)3 additional insured documentation Dai Community Services Title S. Security A. Security Service insurance and bond received Date' Community Services Title (signature) B. Event Security Plan Approved Date San Rafael Police Department Title (signature) Additional requirements 6. Medical A. Event Medical Response Plan Approved/Denied Date San Rafael Fire Department (signature) Additional requireme Titl CITY OF SAN RAFAEL Ili I I 1,� ii INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM No. 3c DATE OF MEETING: July 2, 2012 FROM: Carlene McCart DEPARTMENT: Community Services DATE: June 25, 2012 TITLE OF DOCUMENT: Resolution to Approve a Facility Use Permit Requested by Liberty Boxing Enterprises, LLC, For Use of Albert Park Stadium and Baseball Field, September 14, 2012 for a Professional Boxing Event Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: City Manager (signature) APPROVED AS TO FORM: City Attorney (signature)