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The following is a transcription of a document received by San Diego EarthWorks on January 4, 2013. It purports to provide a rationale for denying the EarthFair permit. Mouse-over the areas in yellow to see our comments about that section of the document.

The City of San Diego

M E M O R A N D U M

DATE: December 21, 2012
TO: Allen Jones, Deputy Chief of Staff
FROM: Jay M. Goldstone, Chief Operating Officer
SUBJECT: Permitting Balboa Park Large Special Events during Plaza de Panama Construction

Per your request I asked the Park and Recreation Department staff to provide the background for permitting large special events within Balboa Park during the Plaza de Panama project construction.

On July 9, 2012 City Council approved the Plaza de Panama project. With the City Council's approval and a time line to complete the construction of the project by December 2014. Staff in the Office of Special Events and Park and Recreation Department met with the members of the Plaza de Panama project design/construction team on numerous occasions to discuss the impacts construction would have on Balboa Park operations, including the daily park visitor as well as the large special events which are held year-round within the park.

Based upon those discussions and input from the Balboa Park institutions (museums and restaurants) who expressed concern the year-long construction would have on their operations and finances as well as the uncertainty of the construction timelines due to the edict the project would be complete by December 2014, it was determined by City staff that during the one-year construction period there would be three categories of outdoor permitting.

Category 1 -Requests for outdoor permits for areas throughout the park and within capacity (non-large special events) These permits would be issued through the normal procedures with the permittee/applicant being required to sign the attached "Disclaimer for All Permits Issued Within Balboa Park." This disclaimer would provide the permit holder the information as to the potential of impacts to their scheduled event, including noise, access disruptions, etc.

Category 2 - Requests for outdoor permits for large/over-capacity permits such as special events for areas outside the core of the park directly in the area of the Plaza de Panama construction. These permits would be reviewed and issued via the normal permitting process, but again the permittee/applicant would be required to sign the "Disclaimer for All Permits Issued Within Balboa Park."

Category 3 - Requests for large/over-capacity permits such as special events which were requested for within the core of the park. These permits would not be reviewed and permitted due to the overall impacts that might occur to the event due to the construction of the Plaza de Panama. Any applicant requesting such a permit, however, would be told that staff would evaluate the permit if the permit were to fall in Category 2 and outside of the core of the park.

Staff issues approximately 150 outdoor permits for Balboa Park each year and typically of those issued, approximately 25% are for Citywide Special Events which would fall within the Category 2 or 3, as outlined above. Since staff began this process in July 2012 staff has worked with event coordinators who would fall within Category 3 - a permit for the core of the park to modify and/or change their requested venue to another venue within the City. Attached is the list of various event modifications based upon those discussions.

To give additional context as to the complexity of permitting a large special event within a construction area the following was provided by the Plaza de Panama construction team on scheduling of events and impacts or concerns on the construction.

  • The project's design and construction was always sequenced to limit the impacts on the normal daily operations of the park and their daily visitor with the understanding that large special events would be deferred until after completion of the project.
     
  • Starting in April 2013, the excavation and shoring process in the Organ Pavilion parking lot will commence and will involve the removal and hauling of approximately 120,000 cubic yards of soil over to the Arizona Street Landfill site. The process is expected to last over two months, is scheduled to occur in the evening hours to avoid impacts to the daytime operations of the park, and will require between 300-350 truck trips per evening in order to achieve the revised schedule driven out of recent litigation. Attempts to facilitate large events within the park during this operation would cause interference to the construction operation, and conversely, the construction operation would create interference with any event staging, setup, and performance.
     
  • While it was originally anticipated that the project would have work shifts occurring during both daytime and night time hours from Monday- Friday, the revised construction schedule as a result of the litigation may cause work to be performed on Saturdays as well to achieve the completion date. This schedule would create mutual inference between the large event and the construction project.
     
  • Museum operators and other businesses in Balboa Park are already concerned about the financial impact the construction will have on their business. One way the City is attempting to minimize this impact is to try to limit construction to week days only. This would allow parking on weekends for visitors. To tie up limited parking with a large special event would be ill-advised. In addition, many Category 3 events need Friday to set up which would require that construction be shut down on that day as well.
  • In addition to the immediate site of the parking structure located at the Organ Pavilion parking lot, contractor staging for all phases of the project will utilize portions of the Federal Lot, Inspiration Lot (for contractor parking), Gold Gulch, and other areas which have been predetermined as dedicated to contractor staging. Many of these contractor staging areas are commonly used for large event staging, parking, medical/safety and police staging/venue locations which will be rendered unavailable due to the approved project logistics.
     
  • Although public safety is paramount for the project and protective measures have been provided for Balboa Park general use, attendance associated with large events would create unforeseen safety considerations given the physical constraints of the project construction limits within the park. The project has not anticipated that level of risk based on the assurances that large events would be deferred until after construction.

City staff developed a method in which a majority of the requested outdoor permits would be issued to applicants as well as a process in which staff is available to work with the organizers of special events to offer suggestions and assistance in permitting their large special event in area of Balboa Park outside the construction impacted areas or in some cases to other city venues outside of Balboa Park. I am convinced that staff is being consistent in enforcing these procedures and if the City were to permit one event, I would suspect that other large event organizers who have used the Park in previous years would also demand accommodations.

Jay M. Goldstone
Chief Operating Officer

JMG:sl

Attachments:
1. Disclaimer for Balboa Park Permits
2. Balboa Park Special Event Modification - November, 2012
3. Central Mesa Map

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This memo from late December is the first time we've seen or heard anything about these new policies.
Yes... which can be accepted or denied. In fact, we think that Earth Day and December Nights are the ONLY two remaining annual large special events in this category. Our Public Records Act request for all records related to large event permits for the past 7 years revealed that all other large events have been driven out of the park. Earth Day is requesting the park permit be issued.
The city demanded that we move the event to the West side of the park (east of 6th Avenue). Our analysis, and based on a 23-year history of producing the event, informs us that this would be unworkable. And what benefits? We would still be using the same parking spaces, and the road closures would be the same.
What assurances, by whom, to whom, and codified where? EarthFair always complies with city insurance requirements.
We have to admit that unforeseen things can always happen. That's no reason not to proceed. What could interfere with fenced-off areas?
Earth Day assumes no access to areas needed for construction or contractor staging.
Earth Day setup on Friday would not interfere with construction in any way.
Was the city "ill advised" to block off 1,239 free public parking spaces for December Nights - spaces that were left mostly empty due to a parking fee of $20 that most refused to pay. Our point is that the city demonstrated that removing more than 1,000 parking spaces from the inventory was considered acceptable. Therefore, the removal of 387 spaces from the Organ Pavilion lot due to construction should also be acceptable.

Park lessees have declined to quantify the specific financial impact on their operations, so no mitigation can even be considered. Financial losses to San Diego EarthWorks would exceed $150,000, and the negative impact on our exhibitors would in aggregate be much larger. The spiritual losses to our mission, volunteers and attendees are incalculable.

A review of publicly-available tax filings reveals a wide range of wealth for the various lessees of public buildings in Balboa Park: from those with multi-million dollar endowments to those that are clearly "underwater" financially. One can discern however, that one day's activities are not significant to their profit or loss. Hosting special events in the Central Mesa, free to the public, is part of the balance: ensuring that Balboa Park is open for free access and does not become the sole domain of interests that require paid admissions.

Earth Day is on Sunday only. Setup on Friday and Saturday has minimal impact. We expect that all construction-related areas would be no-access.
Earth Day has no operations during evening hours. However, if it were imperative, dirt could be moved out of the Organ Pavilion even DURING the event. Earth Day has run shuttle service between the Park and Florida Canyon in past years without incident. The city has complete control of access to the park and all city streets.
We can think of no operations that would cause interference with construction during setup or running of the event. Construction projects happen every day in cities without having to shut down adjacent areas.
Understanding among whom? Was this part of the public hearing with City Council? Does staff cite conditions in the Environmental Impact Report? We were never noticed or informed that large special events would be precluded by this project (which includes both 2013 and 2014 events).
Consistent throughout this memo are staff discussions held behind closed doors, without input from or notice given to affected parties.
Surely after 23 years, Earth Day in Balboa Park is also an "institution." Yet, they never spoke with us, or even gave notice that decisions controlling our future were being made.

 

 

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