HomeMy WebLinkAbout2011-06-06_cityofsanrafael_bda8383d7d8c589b12440127cc9b1660Agenda Item No: 18
Meeting Date: June 6, 2011
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Services
Prepared by: Carlene McCart, DirectorO-' City Manager Approvalt�
SUBJECT: Appeal of Decision to Deny a Facility Use Permit for a Professional Boxing
Event at Albert Park Stadium and Baseball Field.
RECOMMENDATION: Uphold Denial of Facility Use Permit
BACKGROUND: Albert Park baseball stadium was constructed in the early 1950's. Stadium
seating accommodates 700. Additional seating has been temporarily installed over the years
along the baselines. The facilities include restrooms, locker rooms, dugouts, batting cage and
storage. The storage is currently used by the Community Services Department for equipment and
records. Up until three years ago a permanent concession stand was on site. Albert Park is the
only baseball facility in Marin County with lights for night games. Parking is shared by the
Community Center, Parkside Children's Center, the Bocce Complex and other park uses.
Albert Park has hosted professional, semi-professional, college, high school, Little League, and
recreation level baseball leagues, games and activities. The facilities have also been utilized for
large group events such as Davidson Middle School graduations, Movies in the Park, Little
League Opening Day events, youth sports camps, and Day on the Green type events. The site
continues to be utilized for all of these purposes. The field is available for rental by the hour.
The field is scheduled for use February through October of each year.
The Stadium and field are managed and scheduled by the Community Services Department and
maintained by the Parks Division of the Public Works Department.
Mr. Paul Nave, President of Liberty Boxing Enterprises, LLC, first approached Brian Auger,
Events Coordinator in March 2011 to discuss the feasibility of staging a professional boxing
event at Albert Park utilizing the Albert Park Baseball Field and Stadium. Continued
conversations involved Gary Burns Recreation Supervisor, as the site was analyzed against the
requirements for the event. A letter of proposal for a professional boxing match from 6:00-10:30
p.m. on Friday, August 19, 2011, was received from Mr. Nave on April 29, attached as Exhibit
A. After review, the Director of Community Services denied the request for a Facility Use
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa2e: 2
Permit based on the criteria outlined in the San Rafael Municipal Code, Chapter 8.10.040 a copy
of which is attached as Exhibit B. Mr. Nave was informed by telephone of the decision on May
4, and a letter stating the denial was sent on May 6, 2011, attached as Exhibit C.
Mr. Nave appealed the denial to the City Manager, as per the Municipal Code, Chapter 8,
attached as Exhibit D. In accordance with the appeal process the City Manager convened a
hearing on May 17. Present at that hearing were the Manager, City Attorney, Chief of Police,
and Community Services Director. Several members of the public attended the meeting to
support Mr. Nave's appeal. Eight people spoke in favor of the request to use the Park. At the
hearing Mr. Nave expressed his concern that his request was not processed correctly. He also
offered to alter his event time and attendance numbers to mitigate the City's concerns, and to
work with staff to produce a parking, security, site protection plan and other strategies as
necessary. Minutes of the hearing are attached as Exhibit E.
On May 19 the Manager denied the appeal, attached as Exhibit F. Mr. Nave submitted an appeal
of the Manager's decision to the City Council with a formal notice delivered to the City Clerk's
office on May 20, Attached as Exhibit G.
Notice of the Appeal Hearing was mailed to all addresses within 300 feet of Albert Park.
ANALYSIS: Mr. Nave has promoted, as well as competed in events as a professional prize
fighter in a number of successful local events held at the Marin County Civic Center, 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 denial of his request for a
Facility Use Permit was not a reflection of Mr. Nave's ability to produce the proposed event, but
rather, on the capacity of the Albert Park Baseball and Stadium as a suitable venue.
Basis for Denial
The basis for the denial of the requested permit is San Rafael Municipal Chapter 8.10 Parks and
Recreation, Section 8.10.040 -Permit Issuance -Criteria; Grounds for Denial, which lists specific
considerations for the grant or denial of a permit. Of these, the following are pertinent:
8.10.040 (F) The proposed attendance in relation to the capacity established for the requested
park, building or portion thereof.
The boxing event proposed requires an additional 1,300 seats and standing room to
accommodate the original estimate of up 2000 attendees. Some of the seating and all of the
standing room require areas of the baseball field to be utilized. It also requires temporary
installation of a boxing ring on the infield of the baseball field.
The field is primarily utilized by the community for baseball games and activities. In 2010 there
were approximately 600 uses of the field. There is likely to be damage to the field with this
proposed unique use that the City will not be able to repair quickly given the time and resources
available. Damage to the field through the placement of seating, equipment, or large numbers of
people walking and standing on the surfaces will result in conditions being unsafe for baseball
play. Given staff time and money, infield repairs could be made within a week or two. Field
damage however will likely require many more weeks to repair and recover from. The City has
commitments to the community to use Albert Park Baseball Field and Stadium through the end
of October.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
G. The compatibility of the proposed use, activity or event with the uses established for the
requested park, building or portion thereof.
To accommodate the proposed use, additional parking, seating, boxing equipment, garbage
service, restroom facilities and concession areas would need to be installed on the site. Setting
up and clearing out all the necessary equipment will require more time than the day of the event,
and impact the use of the Community Center and the Bocce Complex as well as the public use of
Albert Park.
For example the field irrigation would be adjusted over a week's time to produce the firmest
surface possible, creating a less safe condition for baseball activities. There may be an
interruption in the scheduled games as preparations take place. Stands, restrooms, and public
areas would be cleaned and prepared over the days preceding the event, and once accomplished
the areas would be closed until the event. The parking lot adjacent to the stadium would close at
least two days in advance so that regular parking is diverted and access created for deliveries of
equipment and supplies. This would impact the users of the Community Center in the days prior
to event and after, as the process reverses.
Equipping the site to serve as a venue for this proposed use will impact the established uses for
the baseball field and stadium as well as the adjacent park facilities.
I. The potential for amplified sound to interfere with or detract unreasonably from the
enjoyment of the park or surroundingarea rea by others.
The nature of a boxing event encourages fan noise during bouts and includes use of
amplified music and announcements. Typically fan noise escalates to the main event at the end
of the program. The outdoor facility is in close proximity to residential neighborhoods and
across the street from a large apartment complex. It is likely the noise level will adversely
impact the surrounding area given the late evening hour and the expected noise levels associated
with a very large attendance in a facility not designed for the sport.
Additional staff concerns relate to security, parking, traffic and alcohol concession issues.
Adequate City staff resources available to assist in the planning and execution of the event are an
additional concern. There is a short time period to plan and implement a strategy for a successful
boxing event at Albert Park.
Event Plan
Mr. Nave has offered to respond to City requirements and concerns if the denial is reversed and a
Facility Use Permit is issued. An event of this scope would be required to produce for City
review a plan that would address the following:
Site Plan — The promoter must provide a plan depicting the areas of use, the equipment and
seating placement, entrance and exits, and all details relating to the event on the site.
Traffic — The proposal calls for the gates to open at 6:00 p.m. on a Friday night. Peak P.M.
traffic hours are 4-6 p.m. The City would require a plan to direct traffic from north and south
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
HWY 101, and east west arterials to Albert Park. The traffic plan would need the approval of the
City Traffic Engineer.
Parking — The City estimates the need for parking at a large event such as the one proposed to be
one space for every 2.4 attendees. If 2000 is the estimated attendance the requirement for
parking is 833 spaces. A plan to identify the available off street parking would need the approval
of the City Traffic Engineer. Included in the plan must be signage to encourage parking in the
identified lots, monitoring of lots, crosswalks and other areas identified by the Engineer.
Noise — The promoter would be responsible for producing a schedule of the event flow that
tracks the expected noise associated with the event. Type and intended amplification equipment
must be approved. A strategy for noise reduction after 10:00 p.m. would need approval of the
Community Services Department and the Police Department
Concessions — A plan for sales of food, merchandise and alcohol must be approved by the
Community Services and Police Department. Adherence to all Health Code and State Alcoholic
Beverage Control Codes must be demonstrated. In addition, an alcohol management strategy to
avoid/address over consumption is required.
Security — Security personnel will be necessary for a successful event. The City will ask for a
plan that demonstrates a bonded licensed security service will be contracted, the number of
security personnel, and the assignments inside and outside the stadium, strategy for crowd
control and incident response. The Police Department may require sworn officers to be on site in
addition to a private security force, and will approve the security plan.
Medical — The Fire Department will review and approve the plan for addressing medical needs
of the event contestants, personnel and attendees. Their may be a requirement for standby
paramedic services.
Utility Services — a plan for portable restrooms, garbage removal, power, water, will be reviewed
by the Community Services and Public Works Department. Schedules for delivery and pick up
of equipment are required.
Liability — Proof of insurance, indemnity, and naming the City as additional insured in an
amount satisfactory to the City Attorney will be required.
FISCAL IMPACT: The City will incur costs for servicing the event through the various
Departments. There is no policy in place to charge back for staff time or general services
rendered. Potential Police and Fire services may be billed back to the promoter. Direct
expenses such as for parking, security, concessions, and those systems itemized above are the
responsibility of the promoter.
The Fee Schedule for use of the facility is attached as Exhibit H. It is a component of the City
Master Fee Schedule, annually approved by the City Council. The schedule is geared toward
community use of the baseball field and stadium with rates affordable for teams, schools and
leagues. The Commercial fee rate is $80 per hour with an additional $40 for the use of field
lights. The City has the option of requiring a reasonable deposit against damage.
The scope of the proposed event would probably require 15-18 hours of exclusive use of the
facilities, and 4 hours of field light use. Fees would be in the range of $1440 - $1680.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
Mr. Nave submitted additional comments on June 1, 2011. They are attached as Exhibit J.
OPTIONS:
1. Consider Mr. Nave's appeal based on its merits and uphold the decision of the City
Manager to deny a Facility Use Permit for Use of Albert Park Baseball Field and Stadium
for a Professional Boxing Event.
2. Consider Mr. Nave's appeal based on its merits and reverse the decision of the City
Manager to deny a Facility Use Permit for Use of Albert Park Baseball Field and Stadium
for a Professional Boxing Event.
ACTION REQUIRED:
Approve the Resolution to Deny the Appeal and Uphold the Denial of a Facility Use Permit for
the Use of Albert Park Baseball Field and Stadium for a Professional Boxing Event.
Encls.
Exhibit A: Letter of request to use Albert Park Baseball Field and Stadium from Paul Nave to
Brian Auger, 4/118/11.
Exhibit B: San Rafael Municipal Code, Chapter 8.10.040.
Exhibit C: Letter of denial of request from Carlene McCart to Paul Nave, 5/6/11.
Exhibit D: Letter of Appeal from Paul Nave to Nancy Mackle, 5/13/11.
Exhibit E: Minutes of the Hearing on Tuesday, May 17, 2010, Appeal Hearing Regarding
Denial of Rental of Albert Park Baseball Field and Stadium by
Paul Nave, Liberty Boxing.
Exhibit F: Letter of Denial from Nancy Mackle to Paul Nave, May 19, 2011.
Exhibit G: Letter of Appeal to the City Council from Paul Nave, May 20, 2011
Exhibit H: 2011 San Rafael Community Center and Park Facilities Rental Fees
Exhibit I: Resolution Denying Appeal and Upholding the Denial of a Facility Use Permit for
the use of Albert Park Baseball Field and Stadium for a Professional Boxing
Event
Exhibit J - Letter from Paul Nave
Exhibit A
l <l
390 Bel Marin Keys Boulevard, Suite E I Novato, CA 949491 Phone (415) 454-1113 s Fax (415) 454-7117
April 18, 2011
City of San Rafael
Mr. Brian Auger
Events Coordinator
1313 Fifth Avenue
San Rafael, CA 94901
CC: Gary Burns
Recreation Supervisor
Dear Mr. Brian Auger:
I Paul Nave, President of Liberty Boxing Enterprises, LLC, would like to request the use of Albert's Park Field
Facility for a professional boxing event outside under the lights on Friday August 19, 2011. The plan is to 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 6:00 PM with the first bout starting at 7:00 PM and ending at approximately 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 two hours later.
As a boxing event Promoter and Professional Prizefighter, I have allot of experience in producing these types of events, hi
the past, I've worked successfully with the County of Marin holding a boxing event hi an airplane hangar at Gnoss Field ill
Novato and multiple boxing events at the Marin Center Exhibit Hall and Marin Veterans' Memorial Auditorium including a
World Championship event televised live internationally on ESPN2. I've also produced many successful boxing events in
Petaluma at the Petaluma Veterans' Memorial Auditorium. I am aware of the importance of safety/security, parking,
insurance, etc. and will meet the requirements of the city of San Rafael.
It is illy hope to hold a professional boxing event offering a unique and different experience under the lights at Albert's
Park in a stadium atmosphere for the conununity.
Thank you for your attention in this matter.
Sincerely,
Paul Nave, Pres' ent
Liberty Boxing Enterprises, LLC
Cellular (415) 656-0770
Exhibit B
;8.10.040 - Permit issuance—Criteria; Grounds for denial.'
In determining whether a permit shall be issued, the director shall consider the!
following:!
:The completeness, accuracy and validity of the information contained in the'
'application.;
The payment of the required fee!
The applicant's compliance with city ordinances, rules and regulations.!,
The applicant's compliance with terms and conditions of park or building use;
permits issued to applicant previously.!
The availability of the park, building or portion thereof for the period for which',
,the permit is requested.)
,The proposed attendance in relation to the capacity established for the;
requested park, building or portion thereof.;
The compatibility of the proposed use, activity or event with the uses!
:established for the requested park, building or portion thereof.!
The applicant's compliance with the time limit set for applying to reserve the;
park, building or portion thereof.i
I -
'The potential for any amplified sound to interfere with or detract'i
;unreasonably from the enjoyment of the park or surrounding area by others.!
The potential for the use, activity or event to create a threat to the public"
�health, safety or welfare, or to create an excessive demand for safety or
'Other city services.!
if a permit is issued, the director may impose any and all conditions reasonably;
,necessary for the protection of the public health, safety and welfare and the protection of and;
safe use of public property,,
Exhibit C
san rafael
(OMMUNITY SERVICES
618 B Street • San Rafael, CA 94901 • 415.485.3333 • fax 485.3186
d
Mr. Paul Nave, President
Liberty Boxing Enterprises, LLC
390 Bel Marin Keys Boulevard, Suite E
Novato, Ca 94949
May 6, 2011
Dear Mr. Nave,
As a confirmation of our conversation this week I am writing to give notice
of denial of your request to utilize Albert Park Baseball Field and Stadium for a
professional boxing event on August 19, 2011. 1 recognize your long history of
producing successful similar boxing events in various indoor venues around
Marin County. The capacity of the Albert Park Baseball Field and Stadium to
properly serve such an event is the primary factor in the denial. The criteria used
to determine this decision is stated below:
The San Rafael Municipal Code, Chapter 8t3. 0.040 - Pen -nit issuance---CriterAr�,
Grounds for er�iai. -
In determining whether a permit shall be issued, the director shall consider
the following: (A through J, the following apply to this denial)
F. The proposed attendance in relation to the capacity established for the
requested park, building or portion thereof.
The boxing event proposed requires additional seating to accommodate
up to 2000 attendees. The existing capacity is 700. It also requires temporary
installation of a boxing ring, plus areas created for standing room on the baseball
field. The field is heavily used by the community for baseball. There is potential
for damage to the facility with this unique use that we may not be able to repair
given the time and city resources available.
G. The compatibility of the proposed use, activity or event with the uses
established for the requested park, building or portion thereof.
To accommodate such a request additional parking, garbage service,
restroom facilities and concession areas would need to be secured. Setting up
and clearing out all the necessary equipment will require more time than the day
of the event, and impact the use of the Community Center and the Bocce
Complex as well as the public use of Albert Park.
1. The potential for any amplified sound to interfere with or detract
unreasonably from the enjoyment of the park or surrounding area by
others.
The nature of any boxing event encourages fan noise during bouts and
includes use of amplified music and announcements. Typically fan noise
escalates to the main event at the end of the program. The outdoor facility is in
close proximity to residential neighborhoods and across the street from a large
apartment complex. The late evening hour and the expected noise levels
associated with a very large attendance in a facility not designed for the sport is
of concern.
You may opt to Appeal this denial as per the Municipal Code noted below:
8.1Q070 Appeal. ,
An applicant may appeal the denial or revocation of a permit by providing the city
manager or designee written notice of appeal within five (5) days of the denial.
The city manager or designee shall hold a hearing within three (3) days of the
filing of a notice of appeal, at which time applicant may present any and all
evidence, testimony, and information relevant to the director's decision. The city
manager or designee, within two (2) days following the appeal hearing, shall
issue a decision. The decision of the city manager or designee shall be mailed or
delivered to the applicant and shall be final and binding.
Please note the appeal may be submitted five days after your receipt of
this letter.
I wish success for Liberty Boxing Enterprises in the future.
Sincerely,
Carlene McCart, Director
San Rafael Community Services
0 1:a
ENTERPRISES,
IG
LLC
Exhibit D
390 Bel Marin Keys Boulevard, Suite E I Novato, CA 949491 Phone (416) 454-1113 ■ Fax (415) 454-7117
May 13, 2011
City of San Rafael
Ms. Nancy Mackie
City Manager
1313 Fifth Avenue
San Rafael, CA 94901
Dear Ms. Mackie:
Please except this written response as my appeal regarding denial by Carlene McxCart to utilize Albert Park
Field and Baseball Stadium for a professional boxing event on August 19, 2011. 1 understand per the denial
letter, I have five days to appeal the denial from the date I receive the letter. Please note, the denial letter was
dated May 06, 2011, yet the postmark on the envelope is dated May 10, 2011. Attached is a copy of the denial
letter and post -marked envelope.
Thmik you for your attention in this matter.
Sincerely.
S
Paul Nave, Presi nt
Liberty Boxing Enterprises, LLC
Cellular (415) 686-0770 MAY i 31W 2011
of
Exhibit E
HEARING ON TUESDAY, MAY 17, 2010
CITY COUNCIL CHAMBERS, 1400 FIFTH AVENUE, SAN RAFAEL, CA
SUBJECT: APPEAL HEARING REGARDING DENIAL OF RENTAL OF ALBERT
PARK BASEBALL FIELD AND STADIUM BY PAUL NAVE, LIBERTY BOXING
City Manager Nancy Mackle convened the hearing at 2:10 PM. She invited Community
Services Director Carlene McCart to speak first.
Carlene McCart: Albert Park baseball stadium was constructed in the early 1950's. Stadium
seating accommodates 700. Additional seating has been temporarily installed over the years
along the baselines. The facilities include restrooms locker rooms, dugouts, batting cage and
storage. The storage is currently used by the Community Services Department for equipment and
records. Up until three years ago a permanent concession stand was on site. Albert Park is the
only baseball facility in Marin County with lights for night games. Parking is shared by the
Community Center and other park uses.
Albert Park has hosted professional, semi-professional, college, high school, Little League, and
recreation level baseball leagues, games and activities. The facilities have also been utilized for
large group events such as Davidson Middle School graduations, Movies in the Park, Little
League Opening Day events, youth sports camps, and Day on the Green type events. The site
continues to be utilized for all of these purposes. The field is available for rental by the hour.
The field is scheduled for use February through. October of each year.
The Stadium and field are managed and scheduled by the Community Services Department and
maintained by the Parks Division of the Public Works Department.
Paul Nave initiated discussions with Brian Auger & Gary Burns regarding use of Albert Field.
He submitted a letter that was delivered to me on 4/28. Ms. McCart was out of the office on
4/29. Burns was out 5/1 staff reviewed the request on 5/2. Ms. McCart responded to Mr. Nave
by telephone on 5/3 indicating denial of his request, and responded by letter on 5/6.
The request was reviewed with focus on the following:
Dates/ times
Impacts on current uses
Impacts on facilities
City service levels required
Impacts on surrounding area including streets, parking, neighborhoods, businesses
Past comparable uses
Staff considered the non -baseball uses of park. Davidson Middle School (DMS) graduation
involves a similar sized group of people, but a family demographic. The event is held during the
daytime, 3-4 p.m. on a weekday. It involves no concessions, or alcohol sales. DMS campus
parking is utilized, SRPD security is provided along with San Rafael Parking Services. The
duration is less than the requested event time.
1
The boxing event proposal is for evening hours, weekend, longer duration, food and alcohol
sales, larger attendance that triggers need for additional parking, garbage, restrooms, sound
amplification equipment, and security. Temporary expansion of seating impacts the field turf.
Temporary installation of boxing ring impacts the baseball infield. Vehicles will need access to
the field to secure the equipment, with possible impacts on irrigation and other equipment. The
nature of the sport of boxing differs from baseball, in noise generated due to the escalating
program, the cheering element of the competition, and the adult demographic.
Impacts to Community Center include loss of parking over several days to prepare,
accommodate and remove equipment from the event. Other potential impacts of parking and
noise could be detrimental to the activities at the Bocce Complex, Parkside Children's Center
and surrounding residential neighborhoods.
The San Rafael Municipal Code states certain criteria for denial of a request to secure a Permit
for Facility Use. Three of the criteria cannot be mitigated in staff's opinion:
1. The anticipated attendance is beyond current capacity and triggers needs for a higher
level of City service and oversight.
2. The sport of boxing is not compatible with facility design, the Community Center, Park,
Children's' Center and Bocce Complex activities.
3. There is potential for amplified sound and crowd noise to negatively impact Park and/or
surrounding area.
Nancy Mackle: asked Ms. McCart to talk about rent and cost recovery structure — is the rent the
same for all uses?
Carlene McCart: Albert Park rents by the hour, and for commercial use, the rate is $80 per hour
plus the cost for lights.
Nancy Mackle: what about if there is damage to the field?
Carlene McCart: the City doesn't require coverage because most of the use for Albert Park is
baseball, and repairs are done by City maintenance crews.
Nancy Mackle: is there any structure in place to charge a damage deposit?
Carlene McCart: yes.
Nancy Mackle: can you explain the roll of staff compared to the Parks & Recreation
Commissioners?
Carlene McCart: Commissioners advise on parks, recreation, cultural affairs and open space
issues. In this case, the Municipal Code is used. The Commission holds public meetings, but
they have not authority to approve or disapprove Use Permit issues. They make
recommendations to Council, who makes the final decisions. Albert Park averages 600 uses in a
year, and all are handled at staff level.
2
Police Chief Odetto: He has concerns because the event is being held outside. The venue is so
different than an indoor facility. There are questions about the criteria for approval of this use,
and how to control parking, garbage, utilities, concessions, amplification in the neighborhood,
the number of attendees, and shuttle service from the City's parking structures.
Nancy Mackle: what role does the Police Department (PD) play in City parks use?
Chief Odetto: The Police Department signs off on the use for the ABC liquor license, and
reviews security issues.
Nancy Mackle: does the PD also look at this particular use because of the size of the event, even
without liquor sales?
Chief Odetto: yes
Carlene McCart: The event still needs a Use Permit without alcohol sales.
Nancy Mackle: Regarding the noise, is there a history of other events where the City has
received neighborhood complaints?
Chief Odetto and Carlene McCart: Not recently.
Carlene McCart: amplification that is typically used at Albert Park is lower volume than what
would be needed for this larger event. The system at the Park is probably not adequate for this
event.
Nancy Mackle: Invited Mr. Nave to speak, and to address her directly.
Paul Nave: Shouldn't he receive the same consideration and cooperation as others wanting to
rent the facility?
Nancy Mackle: Staff attempts to treat all applicants equally.
Paul Nave: He knows that there is a baseball meeting coming in front of the Parks & Recreation
Commission, and that some neighbors are concerned. He asked if sound amplification is okay
for baseball, but not for him. He said he has approximately 25 years of professional boxing
experience, and when he held his other events, including those at the Marin Civic Center, they
were professionally organized, and he always had plenty of security. Mr. Nave stated that he
was at this hearing today for two reasons — he feels he was treated unfairly. He has lived in the
City his whole life. He dealt with Brian Auger, because he is the City's event person, for one
month before going to Community Services. He and Mr. Auger reviewed security, parking, and
police issues, and felt that all issues could be remedied. Mr. Auger said that he needed to speak
with Gary Burns in Community Services. Mr. Nave and Mr. Burns walked the Bled, talked
about the boxing event layout, and Mr. Nave stated that Mr. Burns had no problems, and also the
City's maintenance person had no problems with the event. Mr. Burns said that he would speak
to Ms. McCart about the event when she returned from vacation. After several days without
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hearing back, Mr. Nave asked Ms. McCart for a meeting. She said that she would to Mr. Burns,
and then would call Mr. Nave back. Then he called Mr. Burns and was told that Ms. McCart did
not support the event.
Mr. Burns told Mr. Nave that Ms. McCart was concerned about the event potentially having too
high an attendance, which had been stated at about 2,000. Mr. Nave said he wanted a chance to
remedy the problems, but didn't get the chance. He stated that 2,000 might be too high a
number, as his prior events have averaged 1,000 — 1,500, and he thought he could work out a
maximum attendance figure with the Fire Department. Regarding the amplified sound, Mr. Nave
stated that this is only a one night event with four to five fights. He could start the event one
hour earlier if that would help. He feels that the sound would not be as impactful as a baseball
game, as there would be a minimal amount of music before a fight, maybe one minute for each,
then the announcement of the fighters, then who wins the fight. Otherwise, there would only be
crowd noise. So if the event started at 6:00 pm, the fights would go three — four hours. The
teardown can be done in one hour, and he has his own cleanup crew, and the chairs would be
removed the next morning. The boxing ring would be set up that day, so there would not be one
— two days of activity before and after the event for setup and teardown.
Mr. Nave said that his spoke with Vern Doughty from the Public Works department, and Mr.
Doughty said that Ms. McCart never consulted with him about potential maintenance issues. He
also stated that there has been a major event in Albert Park that was a precedent, and that was an
event with Gorgeous George, who had a ring on the field and people on the grass. Mr. Nave said
that he can bring in portable restrooms and would have Stowe Security onsite. They are a
licensed, bonded security company. Concessions would be run by Michael Schilling from
Perry's Deli in Fairfax, and he would operate out of one truck that would be placed out of the
way of other activities. The beer and wine would be handled with a one -day liquor license that
would be obtained by the non-profit organization Community Action Marin (CAM), of which
Mr. Nave is a board member. This would be a fundraiser for CAM.
Nancy Mackle: Would the alcoholic beverage sales be from 6:00 pm — 9:30 pm?
Paul Nave: They can be open to what the City wants for the hours of sales.
Nancy Mackle: Asked for more details about the security that would be in place to prevent
people from jumping over the fences, etc.
Paul Nave: there would be 16 — 18 guards, and extra security would be placed around the places
where money is being handled, around the alcoholic beverage sales, and around the perimeter to
prevent fence jumping.
Mr. Nave said that there would be four fights: his would be 10 -rounds; there would be two 6 -
round fights and one 4 -round fight. The doors would open at 5:00 pm, and then after the event
there would be one — two hours of cleanup.
Nancy Mackle: asked Chief Odetto if he had any more questions.
0
Chief Odetto: no more questions now, but maybe later.
Paul Nave: Parking would be at the two City garages, and the event would require no street
closures. He has spoken with Dennis Fisco of Seagate Properties, and they will consider
allowing additional parking at the San Rafael Corporate Center site. The event will provide one
day insurance, the ABC liquor license provided by Community Action Marin, and will mitigate
any damages to the field. Mr. Nave said that there were thousands of people on the field for the
Millennium party.
Nancy Mackie: Asked Ms. McCart if she had any more questions.
Carlene McCart: She said she appreciates Mr. Nave's flexibility on the timing of the event, but
said that opening the gates an hour earlier at 5:00 pm puts the event into peak traffic hours during
Friday prime time commute hours. She clarified that the one — two days of prep time she was
referring to would be her staff prep time for cleaning up the stadium, working with the irrigation
to dry out the fields before the event. So the event impact would not just be the day of for
Community Services. Ms. McCart did not have information on when the Curious George event
occurred, and so had no records of the impact of the event. As far as other facility activities in
the area of Albert Park, the Parkside Day Care facility is open until 6:30 pm and Bocce has
league play on Friday evenings. San Rafael Community Center does not yet have a private rental
in their building for that evening. Ms. McCart said that for the Millennium party that there was a
special porous floor and other measures used to protect the infield and turf outfield areas as well
as foul ball territory.
Paul Nave: Said that the Farmers' Market happens every Thursday night and it works. His event
would involve no street closures, and his event would involve a quick setup and takedown.
Nancy Mackie: Invited the public to speak.
David Tomes: the history of Albert Park includes Paul's mother Dolly Nave, and the Nave's are
a high integrity family. Mr. Nave would not leave a mess — all aspects of the event would be
taken into consideration. He said that the two City parking structures are available for the event.
He said that the town is tolerant of the Farmers' Market, the Bike Race, and other events, and
that this event would bring more revenue and sporting and would put San Rafael on the map. He
closed by saying that Albert Park has lights, and is designed for this type of event, and that the
event would be over by the time complaints would even come in to the City.
Rafael Durr: He lives practically behind Albert Park, and says that there are not that many
residents right around the field. Baseball events make noise, and he can sometimes hear the
music from the Farmers' Market. He said that he can't see boxing making more noise than
baseball, and that the demographics of baseball are not different than boxing. He also hasn't
seen any problems at any of Mr. Nave's previous events. Mr. Nave has good security and good
cleanup. Mr. Durr mentioned that his is a former City Manager of Marin City, and he hoped that
Ms. Mackie would consider his opinion because he lives in the neighborhood near Albert Park.
5
Todd Meyer: He is a recent resident of San Rafael, and is a founding member of Marin Bocce.
He said that Mr. Nave told him he was surprised that he didn't get approval for his boxing event.
Mr. Meyer got the impression that a lot of things could have been handled before getting to this
point. He has attended other events of Mr. Nave's. He said that these events bring all kinds of
people out, and how much more meaningful can this event be? He said he has a high degree of
confidence that Bocce would delay their Friday evening event. He doesn't see a noise or traffic
issue, and that parking shouldn't be an issue. He felt that the community could get behind this
event.
Esther Mata, Community Action Marin: Mr. Nave's events are "over -organized". Her main
concern was how the City would normally handle a rental request. Would the applicant be called
in to discuss? She feels that because Mr. Nave wasn't called in for a meeting, that he was treated
differently. Her final comment was that Mr. Nave's events are well organized and fun.
Mike Ripalon: He is a resident and has a tax practice in San Rafael. He wanted to echo the
concern of the other speakers that Mr. Nave got nothing from the Community Services side
without having to come to this hearing, and there was no "trying to get creative". He said that
this event would be a source of revenue for the City, and also a source of revenue for the non-
profit (Community Action Marin). He wants to support Mr. Nave's efforts, and felt that issues
should have been addressed prior to this hearing.
Bill Hamm: He is a San Rafael resident and operates a non-profit organization, the Warm Wishes
Foundation, and he believes that "where there's a will, there's a way."
Homer Hall: He is Paul Nave's personal trainer, and he has been at all of Mr. Nave's previous
events, including those held at the Civic Center. He stated that Mr. Nave is a hometown guy,
and this event would be great for the City. It will be a one-time event; the City can charge for
parking in the parking structures, and with shuttle buses, there would not be a lot of congestion,
which would also make it easier for the Police Department to control. Mr. Hall said that this will
be "an event for the ages" and will be good for Downtown businesses. He feels that looking
back everyone will say that this was a good event.
Julie Shimado: Mr. Nave has much integrity and he is responsible. At his last event, she said
that no one was out of control, and that it is ridiculous to go through this for a 3 -1/2 hour fight —
"just let him have his fight."
Nancy Mackle: What would the ticket prices be?
Paul Nave: In the past, Mr. Nave has set ticket prices ranging from $30-$200 per seat. The prices
for an event at Albert Park would depend on the capacity of the event, but there would probably
be more tickets at the $30 range, and up to $200. A portion would be donated to Community
Action Marin.
Nancy Mackle: Acknowledging Mr. Nave's 30 years in the profession, and a "hometown boy",
asked why has he chosen this location?
C
Paul Nave: He has played softball at Albert Park for 32 years, and always thought that it would
be a unique, cool experience for the community to hold a boxing event there. He said he has
thought of the issues, and would like. to have a perfect event and make the City proud.
Nancy Mackle: Referring to a previous conversation with Mr. Nave, where he indicated he
would do outreach, asked him if he had done any community outreach yet.
Paul Nave: Said this hearing was advertised in the paper in the sports section if anyone wanted to
attend today's hearing.
Nancy Mackle: reported that the City did not do any outreach or notification of this hearing as it
had to be conducted within 3 days of the appeal.
Paul Nave: Said thank you to attendees for coming on short notice, to remember that this would
be one event on one night of the year for 3-1/2 hours with minimal setup, and he asks to be
treated fairly.
Nancy Mackle: Hopes that Mr. Nave feels he had a fair hearing with time to prepare and time for
the audience to speak.
Paul Nave: Absolutely.
Paul Nave: This event is a family event for many, and not just for a bunch of problem makers
that are sometimes associated with this type of event. He gave his thanks again, and said that he
wants to go out on his own terms; he won four straight fights at beautifully organized
professional events.
Nancy Mackle: This was not because of anything to do with Mr. Nave, but only usage concerns.
She said that Mr. Nave would have a written answer on his appeal in two days.
The hearing was concluded at 3:10 pm
7
Dear Mr. Nave:
Background:
On April "24th, the City's Community Services Department received your written request (dated
April 18; 2011) for a Facility Use Permit for the use of Albert Park baseball field and stadium.
The request was to stage an outside. professional boxing match event to be held on August 19,
201 1,from 6-10:30 p.m, for 45 bouts and an estimated attendance of up. to 2,00.0.
Prior to the written request, you had'cornversations with Brian Auger, Events Coordinator, and
Gary Burns, Recreation Supervisor concerning the feasibility of the date, capacity, and viability
of the site for the event... These two staff members explained that you were required to obtain a
permit from the Community Services Director.
Your written request was reviewed by Carlene McCart, Community Services Director, as per the. .
San Rafael Municipal Code (SRMC): Ms: McCart found grounds for-denial under SRMC
Section 8.10.040. The grounds f6r denial were stated as follows:
F. The proposed attendance in relation to the capacity established for the requested park, building or portion
thereof - �
The boxing event proposed requires additional.seating to accommodate up.to 2000. attendees: The existing
capacity is 700. It also requires temporary installation.of a. boxing ring,: plus areas. created for standing room on the
baseball field. The field is heavily used by the community for baseball. There Is potential for damage to the facility
with this unique use that the City may not be able to.repair given the time.and resources available:
1400 Fifth Ave., P.O. Box 151560, San Rafael; CA 94915-1560
Phone: (415) 485-3070Fax: (415) 459-2242 TDD: (415).485-319.8
Page 2 of 4
G. The compatibility:of the proposed use, activity or:event with the uses established for the requested park, building
Pr portion thergof.. .
-:To accommodate such a request additional parking, garbage service, restroom facilities and concession
areas would need to be secured: Setting up and clearing out all the necessary equipment will require more time
than the day of the event, and impact the use of the Community Center and the Bocce Complex as well as the
public use of Albert Parka
!. The potential for any amplified sound to interfere with or detract unreasonably from the enjoyment of the, park or.
surrounding area by others.
The nature of any boxing. event. encourages fan noise during bouts and includes use of amplified. music and
announcements. Typically fan noise escalates to the main event at the end of the program. The outdoor facility is in
close proximity fo residential neighborhood's and across the street from a large apartment complex..Theaate
evening hour and the expected noise levels associated with anticipated. attendance in the facility not designed for
the sport, cannot be mitigated...
A letter.detailing the above denial dated May 6, 20:1.1 was Mailed. to you: You appealed the
denial in accordance with the time limits:set forth in the SRI. , Section 8.10.070, and. I received
your written appeal on May 13, 2011:.
As required by the SRMC, I convened a hearing within 3 days of receipt of the appeal. The
hearing was conducted on Tuesday, May 17, 2011 at 2:00 p.m. At that hearing, a staff report
was presented by Ms. McCart and Police Chief Matthew Odetto. You were offered an
opportunity to; present your case, which you did. You ,also.presented changes to the event
concept, including the. following:
• An offer.to start the event earlier, at 5:00 p.m..and ending at 9.30 p,m.
• Limiting seating to a number closer to 1500
Adding security to the perimeter, of.the. event,to keep. out non -ticket holders
• Limiting the bouts to:
• Limiting alcohol: sales to:a set number of hours to meet City. requirements,
In addition,. eight members of.the audience commented onthe request and the basis for denial.
After an hour hearing, and• immediately prior.,to its conclusion, I asked you if.you felt that.l. had
provided you with a fair hearing and ample time to. present your case and allow the audience to
speak. Your reply was "Absolutely."
The next day; on Wednesday, May j8tf',.' toured the Baseball stadium at Albert Park
Findings: .
After consideration of the'comments- provided at the hearing, review of the SRMC the historical.
use and current use at the park, the 'conditions of thepark, and touring the baseball andpark
site, I have come to. the following conclusions:.
Page 3 of 4
1. The request to stage'.this event: in Albe.rt.Park :is not,compatible with the design and
capacity.of site. While this site has, on ajpw occasions, been utilized for non
baseball sports and events, itis clearly designed for, and'historically has.been Used
for, baseball,
2. The issues of event. parking and traffic could be mitigated .with advanced planning, but .
there are potential issues related to security, .noise, .and. alcohol consumption .that.
could have impacts on the surrounding neighborhood. An outside nighttime event of.
this sort;. geared toward'_adults instead of families, and including alcohol js not
something I can support in this venue.
3. Any field damage would -have adverse impacts on the .park . In addition, preparation
for the event will take City resources that are not available a. t this time due to budget
reductions.- .
Appeal Decision:
Your appeal is denied.. The denial of the request for use of Albert Park .is confirmed.
In addition, while not required, I feel I must also reply to'a comment made.by you and several of
the speakers from the audience at the hearing regarding the response of our Community
Services Director. All our City staff does their'best to reply to public requests and handle
permits and other.City business in a professional yet expeditious manner. The public's
expectations, however, regarding the staff time available on any given request, just simply do
not match the reality of the demands on staff and our limited:resources. Ms. MCCart gave this
application, along with the hundreds of others. requested during the year; the best that she
could. I am sorry that you felt you were not given ample consideration by Ms. McCart but as -
you stated at the end of the hearing; you were `;absolutely" given conside.ration.through the
appeal process.
I regret that. staff is. unable.to spend additional time on this application and. that the City cannot
host you in this venue. I encourage you, however, to identify other. facilities in .San Rafael that
could contribute to your event's success. If my staff can. be helpful in.that regard; please do. not
hesitate to continue to work 'with them.: I truly believe a professional boxing event produced by
and featuring you,. our local and well. known ,professional in this field, would be an attractive
entertainment concept for the City of San: Rafael, and many residents and visitors would attend,
wish you the best.of luck with your endeavor to'produce this event
Further Appeal:
As you are aware, SRMC Section 8.10.070 provides that the decision,'of the City. Manager
regarding your appeal "shall. b6 final and binding:" Based on this codesection, the City Attorney.
previously advised You that you have no right .of appeal to the City Council. Since then; the City
Attorney has further reviewed the'Municipal Code and has indentified some apparent conflicts;
and under the circumstances, and to ensure a fair process in this situation, the City Attorney has,
advised that should you desire a. further appeal, the City Council. should hearyour appeal of my
decision.
6
Exhibit G
BO G
ENTER1PIUSES, LLC
390 Bel Marin Keys Boulevard, Suite E I Novato, CA 949491 Phone (415) 454-1113 - Fax (415) 454-7117
May 19, 2011
City of San Rafael
City Council
City Clerk
1313 Fifth Avenue
San Rafael, CA 94901
Dear City Cleric:
Please except this written response as my appeal to the San Rafael City Council's June 06, 2011 meeting
regarding my denial by City Manager Nancy Mackie, my request to utilize Albert Park Field and Baseball
Stadium grandstands for a professional boxing event on August 19, 2011.
Thank you for your attention in this matter.
Sincerely,
Paul J. Nave, Pr rdent
Liberty Boxing nterprises, LLC
Cellular (415) 686-0770
MAY 2 0 2111
Tirpip-:
City Clerk's O fico
City of Sari Rafael
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RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DENYING APPEAL AND
UPHOLDING THE DENIAL OF A FACILITY USE PERMIT FOR THE USE OF ALBERT PARK
BASEBALL FIELD AND STADIUM FOR A PROFESSIONAL BOXING EVENT
WHEREAS, the City of San Rafael Municipal Code, Chapter 8.10.020 requires the issuance of a
permit for exclusive use of the City's park and recreation facilities, to be granted by the Director of
Community Services ("Director"); and
WHEREAS, On April 18, 2011, Paul Nave, President, Liberty Boxing Enterprises, LLC
("Appellant") submitted an application for a facility use permit ("Permit") for use of Albert Park Baseball
Field and Stadium for a professional boxing event proposed for August 19; and
WHEREAS, the Director denied the Permit application on May 6. 2011, based upon facility use
criteria set forth in Section 8.10.040 of the San Rafael Municipal Code; and
WHEREAS, Appellant appealed the denial to the City Manager pursuant to San Rafael Municipal
Code Chapter on May 13, 2011; and
WHEREAS, on May 17, 2011, the City Manager conducted a hearing as prescribed in the
Municipal Code and subsequently denied Appellant's appeal of the Director's Permit denial by letter dated
May 19, 2011; and
WHEREAS, on May 19, 2011, Appellant appealed the City Manager's decision to the San Rafael
City Council; and
WHEREAS, the City Council held a hearing on Appellant's appeal on June 6, 2011; and
WHEREAS, the City Council has considered Appellant's proposed use of Albert Park Baseball
Field and Stadium in relation to the criteria set forth in San Rafael Municipal Code section 8.10.040 for
issuance of a Permit.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
follows:
1. On the basis of the evidence in the record before it, the City Council hereby finds as
1
Exhibit "I"
A. Considering the estimated attendance for the proposed use in relation to the capacity
established for Albert Park, per San Rafael Municipal Code section 8.10.040 F, the Council finds that the
anticipated attendance of up to 2000 persons at the proposed boxing event will require additional seating
at Albert Park Baseball Field and Stadium, which has an existing capacity of 700. Some of the additional
seating and all of the standing room will require the use of areas of the baseball field.
B. Considering the compatibility of the proposed use, activity or event with the uses
established for the requested park, building or portion thereof, per San Rafael Municipal Code section
8.10.040 G, the Council finds that equipping the site to serve as a venue for this proposed use will
negatively impact the established uses for the baseball field and stadium as well as the adjacent park
facilities, in that::
1) The Albert Park Field and Stadium is primarily used by the community for baseball games
and activities. In 2010 there were approximately 600 uses of the field;
2) Additional parking, garbage service, restroom facilities and concession areas, a temporary
installation of a boxing ring on the infield of the baseball field, and attendee seats and standing room on
the baseball field, will be required to accommodate the proposed boxing event. Damage to the baseball
field is very likely to occur with this proposed unique use.
3) Setting up and clearing out all the necessary equipment for the event will require more
time than just the day of the event, and will impact the use of the Community Center and the Bocce
Complex as well as the public use of Albert Park. For example the field irrigation would have to be
adjusted over a week's time to produce the firmest surface possible, creating a less safe condition for
baseball activities. There may be an interruption in the scheduled baseball games as preparations take
place. Stands, restrooms, and public areas would have to be cleaned and prepared over the days
preceding the event, and once accomplished the areas would have to be closed until the event. The
parking lot adjacent to the stadium would have to be closed at least two days in advance so that regular
parking is diverted and access created for deliveries of equipment and supplies. All these requirements
would impact the users of the Community Center in the days prior to event and after, as the process
reverses.
4) Field damage from the placement of the temporary boxing ring, seating, equipment, and/or
large numbers of people walking and standing on the surfaces will create unsafe conditions for baseball
play. Infield repairs could take City Staff up to two weeks to complete; field damage would require many
more weeks to repair and recover from. There is a high likelihood that these repairs would interfere with
commitments the City has already made to the community for use of the Albert Park Baseball Field and
Stadium through the end of October.
C. Considering the potential for any amplified sound to interfere with or detract unreasonably
from the enjoyment of the park or surrounding area by others, per San Rafael Municipal Code section
8.10.040 I, the Council finds that:
1) The nature of the proposed use encourages fan noise during bouts and includes the use
of amplified music and announcements.
2) The Albert Park Baseball Field and Stadium is in close proximity to residential
neighborhoods and is across the street from a large apartment complex. It is likely the noise level will
adversely impact the surrounding area given the late evening hour and the expected noise levels
associated with a very large attendance in a facility not designed for the sport. These factors will create a
potential negative impact on the other facilities, uses, and residences around Albert Park.
D. Issues including security, noise, parking, traffic and the proposed alcohol concession
remain to be addressed in detail, and there is a relatively short period of time within which the Appellant
and Staff will be able to plan and implement a strategy for a successful boxing event at Albert Park, given
the City's present staffing and resources.
2. Based upon the foregoing findings, the City Council finds that Appellant's proposed use of
Albert Park Baseball Field and Stadium for a professional boxing event on August 19, 2011 would be
2
incompatible with and adverse to the established uses of that park; therefore the Council hereby denies
Appellant's appeal and upholds the denial of Appellant's request for a Permit.
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 6th of June, 2011, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
3
Esther C. Beirne, City Clerk
Exhibit J
May 31, 2011
City of San Rafael
The Mayor and Council Members
1400 Fifth Avenue
San Rafael, CA 94901
Subject: Appeal for a Facility Use Permit to Utilize Albert Park Field and Stadium for my
Professional Boxing Event
Dear Mayor and Council Members:
On April 18, 2011, I made a formal written request, including a plan to use Albert Park Field for a
professional boxing event in which I would participate. It would be scheduled for August 19, 2011,
starting at 7:00 PM and ending at approximately 10:30 PM (Please see the attached request).
I am a former World Boxing Champion, born and raised in San Rafael and have lived in Marin County all
my life. I'm the fourth generation of six generations of Naves in this county. I have 24 years of
experience staging professional and amateur boxing events.
I spent a month, on and off, having conversations with City of San Rafael Events Coordinator Brian
Auger, Park & Recreation Supervisor Gary Burns and Park Superintendent Vern Doughty in an effort to
address possible issues that would make the event prohibitive. We spoke about location, use, time,
parking, security, noise, insurance, concessions (food, beer and wine), seating, capacity, possible field
damage, set-up and break -down, entrance and exits, possible police requirements, portable toilets, garbage
service/clean-up. At the conclusion of my conversations with the above parties, it was deemed that all
issues were considered manageable.
My hope is to be treated with the same consideration and cooperation by the City Administration, as any
other community member wanting to utilize the public field, such as the proposed professional minor
league baseball team. I understand the City Administration supports the baseball team as I do. Again,
simply want the same consideration given by the City Administration to the proposed professional
baseball team, to my professional boxing event.
The following is information regarding the City's concerns for my one night professional boxing event:
Proposed attendance in relation to the capacity established for the requested park:
The maximum capacity can be established and agreed upon with the City and the Fire Department. The
City Administration supports 1500 for the proposed baseball team.
Potential for damage to the facility/field:
According to the City Park Superintendent, as long as he has advance notice, he can minimize water
irrigation on the field for two days prior to the event, hardening the surface resulting in minimal impact to
the field.
Compatibility of proposed use:
There's been a precedent set for this type of proposed use, which is other than baseball, with Big Time
Wrestling's Gorgeous George, using a ring, basically a boxing ring on the grass at the same park. People
were on the grass and in the stands, just as is proposed for my event.
In addition, Davidson Junior Middle School holds their annual graduation at Albert Park Field with chairs
on the grass. The graduation event consists of approximately 1200 people. Furthermore, they also have
weekend volleyball tournaments there, a recent tournament included 12 volleyball nets on the grass
simultaneously, movie nights, and 1000's of people were on the field and in and out of an enormous tent,
pitched on the lawn, during the City's millennium party in the year 2000.
Setting -up and cleaning -out all the necessary equipment will require more than one day:
Setting up and cleaning -out all the necessary equipment will not require more than one day. The boxing
ring, chairs and concessions will be put in place the day of the event and taken down that night at the
conclusion of the event by personnel associated with Liberty Boxing Enterprises, LLC.
Preparation for the event will take City resources that are not available at this time:
There would be very minimal impact on City resources. There won't be any block -off of any streets; my
crew and vendors will utilize the usual and normal access areas to the park for preparation, set-up and
take-down. There's normal maintenance that the City provides to maintain the field and cleanliness of the
grandstands for anyone that rents the field. Per a telephone conversation with the Park Superintendent, he
would minimize the irrigation on the field to temporarily harden the surface, as I would suspect he does
for other events on the field, to minimize impact.
The potential for any amplified sound to interfere with or detract unreasonably from the enjoyment
of the park or surrounding area by others:
My proposed use is only for one night, for a time period of 3 to 3 1/2 hours with minimal and intermittent
use of a public address system and music which is used when fighters enter the ring. Furthermore, upon
receiving a one night use permit, according to San Rafael Municipal Code Title 8 Chapter 8.13, if my
event is held on a Friday or Saturday night, there is interpretation that states I am exempt from the noise
ordinance if loud noise from my event ends by 10:00 PM. Upon having only four bouts, my event would
conclude by 10:00 PM.
In Conclusion, I strongly believe concerns relating to my proposed event can be mitigated. I recently
spoke with Chief of Police Matt Odetto and Captain David Starnes about security, parking, noise, traffic
and concessions.
As I mentioned earlier, I have 24 years of experience holding boxing events. There will be more than
ample security and professionals handling the concessions. The event will be safe and fun and provide an
alternative form of entertainment for the whole community. Based on my previous events, my event will
benefit local businesses and stimulate the local economy, specifically restaurants.
Thank you for your attention in this matter.
Sincerely,
Paul J. Nave, resident
Liberty Boxing Enterprises, LLC
390 Bel Marin Keys Boulevard, Suite E I Novato, CA 949491 Phone (415) 454-1113 ® Fax (415) 454-7117
April 18, 2011
City of San Rafael
Mr. Brian Auger
Events Coordinator
1313 Fifth Avenue
San Rafael, CA 94901
CC: Gary Burns
Recreation Supervisor
Dear Mr. Brian Auger:
I Paul Nave, President of Liberty Boxing Enterprises, LLC, would like to request the use of Albert's Park Field
Facility for a professional boxing event outside under the lights on Friday August 19, 2011. The plan is to 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 6:00 PM with the first bout starting at 7:00 PM and ending at approximately 10:30 Pik. 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 two hours later.
As a boxing event Promoter and Professional Prizefighter, I have a lot of experience in producing these types of events. In
the past, I've worked successfully with the County of Marin holding a boxing event in an airplane hangar at Gnoss Field in
Novato and multiple boxing events at the Marin Center Exhibit Hall and Marin Veterans' Memorial Auditorium including a
World Charupionship event televised live internationally- on ESPN2. I've also produced many successful boxing events in
Peta ulna at the Petaluma Veterans' Memorial Auditorium. I am aware of the importance of safety/security, parking,
insurance, etc. and will meet the requirements of the city of San Rafael.
It is my hope to hold a professional boxing event offering a unique and different experience wider the lights at Albert's
Park in a stadium atmosphere for the conunmiity-.
Thank you for your attention in this matter.
Sincerely,
Paul Nave, esident
Liberty Boxing Enterprises, LLC
Cellular (115) 686-0770