HomeMy WebLinkAbout2011-06-20_cityofsanrafael_a977974aaf68d8789c1ec768ddc8c179Agenda Item No:
Meeting Date: June 20, 2011
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Services
Prepared by: Carlene McCarter City Manager Approval:�
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
UPHOLDING THE APPEAL FOR A FACILITY USE PERMIT TO USE ALBERT PARK
BASEBALL FIELD AND STADIUM FOR A PROFESSIONAL BOXING EVENT
RECOMMENDATION: Approve Resolution
BACKGROUND: At the meeting of June 6, 2011 the City. Council heard an Appeal of a
decision by the City Manager to deny a Facility Use Permit to utilize Albert Park Baseball Field
and Stadium for a professional boxing event. Paul Nave, CEO of Liberty Boxing Limited, LLC
appealed the decision. He based his appeal on his experience with promoting success boxing
events. Mr. Nave also offered to reduce the number of ticket sales to 1500, adjust the time frame
to meet City concerns, and comply with requests for traffic, parking, noise and alcohol
management plans. Mr. Nave asserted his event would not damage the facilities or impact the
other uses of Albert Park. Based on the merits of his revised proposal for September 16, 2011,
the City Council voted to approve the use, and uphold the appeal.
ANALYSIS: As per Council direction, staff has met with Mr. Nave and clarified the required
plan elements and application process for the event. Staff will review plans on a timely basis to
support the successful use of the facility and minimize the impacts of the boxing event on the
facility, the park and the surrounding neighborhood. A Facility Use Permit will be issued when a
completed application is reviewed and approved.
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.
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
. The Commercial rate of use of the Albert Park Baseball Field and Stadium 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 may 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.
OPTIONS: 1. Approve the Resolution
2. Amend the Resolution
ACTION REQUIRED: APPROVE THE RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN RAFAEL UPHOLDING THE APPEAL FOR A FACILITY USE PERMIT TO
USE ALBERT PARK BASEBALL FIELD AND STADIUM FOR A PROFESSIONAL
BOXING EVENT
Enols.
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
GRANTING AN APPEAL FROM 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, 2011; 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:
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I . FINDINGS. On the basis of the evidence in the record before it, the City Council hereby
finds as follows:
A. Considering the estimated attendance for the proposed use in relation to the capacity
established for Albert Park Field and Stadium, per San Rafael Municipal Code section 8.10.040 F, the
Council finds that the anticipated attendance of approximately 1,500 persons at the proposed boxing
event will require additional seating at Albert Park Baseball Field and Stadium, which has an existing
capacity of 700, but that such attendance is consistent with other occasional historical uses of the park.
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 the proposed boxing use would be consistent with the historical use of
the park. Historically, Albert Park Field and Stadium has been used primarily for baseball, but has also
been used for a variety of other events, including a wrestling match, volleyball tournaments, and high
school graduations.
C. Field damage could occur from the placement of the temporary boxing ring, seating,
equipment, and/or large numbers of people walking and standing on the surfaces, however, such
damage can be minimized by controlling the field irrigation over a week's time to produce the firmest
surface possible. In addition, requiring a damage deposit from the Appellant will ensure that the City has
funds with which to perform any necessary repairs.
D. 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 there is no evidence that noise emanating from the proposed boxing
event will be unusually loud or that it cannot be satisfactorily mitigated by measures incorporated into the
planning for and execution of the event.
E. Issues including security, noise, parking, traffic and the proposed alcohol concession can
be addressed satisfactorily during the processing of Appellant's application for a facility use permit.
2. GRANT OF APPEAL. 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 should be permitted, with conditions to be imposed by the Director to make appropriate
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provision for event security, noise, parking, traffic, time limits on the sale of alcoholic beverages, and a
damage/security deposit; therefore the Council hereby grants Appellant's appeal and directs staff to
proceed to process Appellant's Permit application.
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 20th of June, 2011, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
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Esther C. Beirne, City Clerk