Gavin Newsom, Mayor

Recreation and Park Commission
Minutes
April 19, 2007
President Martin called the regular meeting of the Recreation and Park Commission to order on Thursday, April 19, 2007 at 2:14 p.m. ROLL CALL Present Gloria Bonilla Tom Harrison Jim Lazarus Meagan Levitan Larry Martin President Martin announced that item 5, 6, 7, 8 and 12 were removed from calendar. He also announced that items 9 and 10 would be heard before item number 2. PARQUE NINOS UNIDOS Staff Report Artist Wendy Testu proposes Casa De La imagination (House of the Imagination) a play house made of recycled materials in collaboration with the Leonard R. Flynn elementary School students and the Mission Parents Group. The design will be an organic structure created with the students and community input. The play house will be a typical “house” structure, but more of a small open play space to imagine in, a structure that will not say what its specific purpose is, but a place where each chilled can dream up what they thin it is or what they want it to be. In the ScrapeEden Project, neighborhood groups are responsible for providing volunteers and neighborhood contacts for project communications. The artist is responsible for creating the artwork on schedule and providing opportunities for neighborhood participation. The Black Rock Arts Foundation will take responsibility for project communications, funding, liability insurance, permitting and outreach materials and events. Mayor Newsom spoke of the very successful partnership the City had with the Black Rock Arts Foundation he hoped the Commission encourage. He stated that he believed very strongly in the need for more public art in San Francisco. Mayor Newsom also commented on the fees proposed by the Department and the work that still needed to be done. He stated that he looked forward to working with the Commission and wanted look at some of these fees to reflect some of the concerns that existed. Colleen Flynn from the Neighborhood Parks Council stated that they were in support of this project. She stated they had been working with the Friends of Parque Ninos Unidos and the Mission Parents to implement this process. They had also gone through an extensive process to make sure that vandalism, ongoing community support and stewardship of the art piece were addressed. On motion by Commissioner Levitan and duly seconded, the following resolution was unanimously adopted: RES. 0704-015 RESOLVED, That this Commission does approve a request from the Black Rock Arts Foundation for the temporary placement of “Casa De La Imaginacion” (House of Imagination), a play structure created with the students and the community’s input at 23rd and Folsom from May 21, 2007 through September 21, 2007.

JURI COMMONS Staff Report Artist Jennifer Alexander proposes “Sol Flor”, a series of six recycled sunflower mosaics. The mosaics smooth surface will be formed using tail light reflectors, tile, and other found objects in a base primarily filled with broken concrete, sited flush in the grass of Juri Commons. The mosaics will be produced and installed on a rolling basis during the period specified in the Recreation and Park Department permit and will de-install with the site returned to its original condition by the date specified in the permit. This is a first time event at Juri Commons. However, the Black Rock Arts Foundation has placed other temporary art installations in Recreation and Park facilities. Colleen Flynn stated that the same process NPC had followed with the last group was also followed with this group working with the Juri Commoners. Laura Gladstein with the Juri Commoners felt this was an opportunity to create something quite beautiful. The Commoners were able to get five of the schools in the neighborhood involved in recycling and the corner store had bins for collecting recycling goods for this project. Mike Farrah stated that Jury Commons was his neighborhood park for a couple of years. He complemented Byron the gardener at Jury Commons and stated that without him the volunteering would not be possible. He asked the Commission to support this item. On motion by Commissioner Bonilla and duly seconded, the following resolution was unanimously adopted: RES. NO. 0704-016 RESOLVED, That this Commission does approve a request from the Black Rock Arts Foundation for the temporary placement of “Sol Flor”, a series of recycled mosaics located at San Jose, Guerrero and 25th from May 21, 2007 through September 21, 2007. PRESIDENT’S REPORT On behalf of the Recreation and Park Commission, President Martin presented Barbara Ross Tate with a Certificate of Retirement. CONSENT CALENDAR On motion by Commissioner Harrison and duly seconded, the following resolutions were unanimously adopted: RES. NO. 0704-013 RESOLVED, That this Commission does approve the minutes of the March 15, 2007 Special Joint Meeting. RES. NO. 0704-014 RESOLVED, That this Commission does approve the following animal transactions for the San Francisco Zoological Society which were processed under Resolution No. 13572. DONATION FROM: SF Animal Care & Control 1200 15th St/ San Francisco, CA 94103 USDA – N/A DONATION TO: San Diego Zoo’s Wild Animal Park 0.0.10 15500 San Pasqual Valley Road Escondido, CA 92027-7017 USDA # 93-C-0040

0.0.1

Marine toad

NIL

Black-tailed prairie dog

NIL

Pueblo Zoo 3455 Nukolls Ave Pueblo, C0 81005-1234 USDA # - 84-C-0007

1.1.6

Black-tailed prairie dog

NIL

EUREKA VALLEY RECREATION CENTER – PLACEMENT OF PLAQUE Staff Report On April 30, 2002, Vincent Callan, Jr., a longtime Recreation and Park Department resident gardener at Eureka Valley Recreation Center, passed away suddenly at the age of 54 years. As a City gardener for 30 years, his entire professional life, Mr. Callan tended to the Eureka Valley Recreation Center, Mission Dolores Park , Duboce Park and other parks. However, it was Eureka Valley Recreation Center that was the most meaningful for Vincent Callan, Jr. A native San Franciscan, he grew up laying here, having lived only two blocks away at 4038 – 19th Street in Eureka Valley his entire life. Mr. Callan’s brothers wrote: “Vinny loved everything about San Francisco – the people, the parks, the neighborhoods, the restaurants, and of course the sports teams. His love for San Francisco is the reason he decided to live his whole life in one of it greatest neighborhoods – it’s also the reason he chose a job in which he could help take care of some of the most precious parks in San Francisco. He took pride in the City and took pride in his job.” In memory of Vincent Callan, Jr. and his love of and dedication to the City, the Callan family and friends are proposing to install a bronze plaque in his memory. I approved, the family and friends are proposing to install the bronze plaque in a planting area immediately north of the play area in a highly visible area at the park’s main entrance. Plaque wording is proposed to read as follows: “ In Memory of Vinny Callan, Jr. (1947-2002) Dedicated Gardener 4th Generation Son of Eureka Valley A True San Franciscan” The proposal is in conformance to the Recreation and Park Commission Gift Policy ( Resolution No. 15586, amended by Res. Nos. 9716-230 and 0103-042), which states: Commemorative gifts will…be judged on the following criteria to determine appropriateness: • Significance: If a person or event is being memorialized they/it must be deemed significant enough to merit such an honor. o The commemoration or memorial represents the mission of the Department. o The commemoration or memorial represents broad community values. o The commemoration or memorial has timeless qualities and makes a statement of significance to future generations. Any revision or modifications to the plaque design and wording would be subject to approval by the Recreation and Park Department. Mike Callan spoke fondly of his brother Vinny growing up in the family home at 19th and Hartford and Vinny’s 30 years he spent as a gardener. He commented that of all the parks, Eureka Valley Receration Center was closest to his heart. He believed this was a fitting place for a memorial to Vinny. On behalf of the family and friends of Vinny Callan he thanked the Recreation and Park Commission and its staff for considering this memorial.

On motion by Commissioner Harrison and duly seconded, the following resolution was unanimously adopted: RES. NO. 0704-017 RESOLVED, That this Commission does approve the placement of a bronze plaque in memory of the late Vincent Callan, Jr. at Eureka Valley Recreation Center PUBLIC COMMENT Ernestine Weiss discussed the C+ rating that the Department had received, asked what was accomplished at the Budget and Finance Committee and whether the Department had asked for a full compliment of gardeners and park patrol. Patrick Skain with the Pine Lake Park Neighborhood Association stated that at this point the contractors were beginning to hydro-seed the meadow and the Association was very concerned that activities may be planned for the park, which may not allow for that hydro seeding to actually establish itself. The concerns he had were: 1) the day camp, 2) parking on this area during the Stern Grove concerts and 3) lack of signage. Andrea O’Leary discussed problems and frustrations with the Department around a community meeting that the Sunnyside Park Families and Neighbors sponsored. Doris Vincent stated that she was elected to the project area committee for Joseph Lee and they had been doing planning around Joseph Lee and the Opera House. The beautiful mural on Joseph Lee had begun to peal and she requested that the Department find money to allow Mr. Crumple to restore the mural. The Commission adjourned into closed session at 2:56 p.m. The Commission reconvened at 3:24 p.m. On motion by Commissioner Harrison and duly seconded, the following resolution was unanimously adopted; RES. NO. 0704-018 RESOLVED, That this Commission votes not to disclose any or all discussions held in closed session. (San Francisco Administrative Code Section 67.12 (a)). SAN FRANCISCO 49ERS Staff Report The City owns, operates and maintains Monster Park (the “stadium”) through the Recreation and Park Commission. The San Francisco 49ers have leased the stadium from the City since December 3, 1969. The original term of the Stadium Lease was through May 2008. In January 2007, the 49ers exercised an option to extend the term of the lease through May 31, 2013. Section 13© of the Stadium Lease provides that with the prior approval of the Recreation and Park Commission, the 49ers may perform certain maintenance or repair work as agreed to by the parties and then deduct the cost of such work from rent payments due to the City. The Commission ahs approved two prior credits for stadium repairs, one in 2004 ( Recreation and Park Commission Resolution No. 0403-012) and one in May of 2006 (Recreation and Park Commission Resolution No. 0605-019). In December 2006 the 49ers, the Mayor’s Office and Recreation and Park Department staff began to meet once again to discuss deferred maintenance issues at the stadium. In January 2007 the 49ers filed a government claim with the City alleging that the City is in breach of the Stadium Lease because of: 1) the ‘City’s failure to maintain the stadium and 2) the City’s failure to provide a rent reduction equal to any amount by which the stadium admissions tax exceeds $1.50 per admission except to the extent that the excess tax is dedicated to the “schools sports tax.” The City denied this claim. Despite the claim filed by the 49ers, Mayor’s Office staff and Recreation and Park Department staff continued to negotiate with the team to reach mutual agreement on a proposal addressing a list of repairs and other maintenance items at Monster Park. Under the proposed rent credit agreement, the 49ers agree to withdraw their claim against the City and will also perform $10.3 million of specified work at the stadium. To pay for the work, the City will grant the 49ers $10.3 million in rent credits. The 49ers intend to begin the repairs on the stadium as soon as possible and hope to complete the majority before the start of the fall football season. Repairs to the stadium escalators are likely to require a longer timeframe than the rest of the items on the list. The $10.3 million in rent credits will be allocation in the following manner: $4.2 million of credit will be granted to the 49ers against current year revenue, reducing the amount of revenue generated by the stadium in 2006-2007. The remaining $6.1 million, plus interest,

will be granted to the team over three years starting in the 2008-2009 fiscal year. A copy of the proposed agreement is attached. On motion by Commissioner Lazarus and duly seconded, the following resolution was unanimously adopted: RES. NO. 0704-020 RESOLVED, That this Commission does authorized a settlement and agreement, subject to the approval of the Board of Supervisors, between the City and County of San Francisco, acting by and through the Recreation and Park Commission, and the San Francisco Forty Niners, Ltd. (the "49ers") to allow for a rent credit to the 49ers in the amount of $10,310,000 plus interest for certain repairs and improvements to be performed by the 49ers at Monster Park MEMORANDUM OF UNDERSTANDING BETWEEN RECREATION AND PARK DEPARTMENT, REDEVELOPMENT AGENCY, PLANNING DEPARTMENT AND THE MAYOR’S OFFICE Staff Report The Recreation and Park Department currently has administrative jurisdiction on behalf of the City over approximately 77 acres of property currently leased to the 49ers (the “RecPark Property”). Over the last ten years, planning for the development of Candlestick Point, which includes the Recreation and Park Property, and the redevelopment of Hunters Point Shipyard, has proceeded on largely separate, albeit parallel paths. Key milestones for each of these projects are as follows: Hunters Point Shipyard • In July 1997, the Board of Supervisors approved the Redevelopment Plan for the Hunters Point Shipyard, which provided for the creation of residential, commercial and light-industrial development and parks and open space areas. • In March 1999, the Redevelopment Agency of the City and County of San Francisco (“Agency”), selected Lennar/BVHP Partners, an affiliate of Lennar Corporation, as the primary developer of the Hunters Point Shipyard, and Lennar/BVHP Partners has since been working with the City, the Agency and the United States Navy to provide for the redevelopment and economic revitalization of this former naval base. • In 2003, the Agency and Lennar/BVHP Partners entered into the Phase 1 Disposition and Development Agreement (“Phase 1 DDA”) for the development of 1,600 residential units and approximately 25 acres of parks on Parcel A of the Shipyard. • In 2005, the Navy transferred Parcel A to the Agency pursuant to a Conveyance Agreement governing cleanup and the transfer of Shipyard parcels on a phased basis. The Agency closed escrow on Parcel A to the Primary Developer under the terms of the Phase 1 DDA, and Lennar/BVHP Partners commenced construction on Parcel A in 2005. Construction on the Parcel A is on-going today. Candlestick Point • In June 1997, the voters approved Propositions D and F. Proposition D authorized the City to issue lease revenue bonds to help pay for the construction of a new stadium for the San Francisco 49ers. Proposition F authorized a number of land uses on the site, including a new stadium for the 49ers, an entertainment retail mall and other conditional uses, including residential uses, subject to the approval of the City’s Planning Commission. • In November 2005, the 49ers determined that the previous stadium/mall concept was no longer feasible and terminated their exclusive negotiating agreement with Mills Corporation. The 49ers then selected Lennar Corporation as their new developer partner and began exploring the feasibility of a dense, mixed-use residential and stadium development at Candlestick Point, in cooperation with the Mayor’s Office. • In May 2006, the Board of Supervisors adopted an amendment to the Hunters Point Redevelopment Plan, creating the Bayview Hunters Point Redevelopment Project Area, which includes Candlestick Point. The current Monster Park site is a part of the “Candlestick Point Node” identified in the Bayview Hunters Point Redevelopment Plan.

• •

In November 2006, the 49ers announced that they no longer believed that a mixed-use stadium/residential project on Candlestick Point was feasible and that they would shift their efforts to developing a new stadium in Santa Clara. In November 2006, in response to the 49ers’ announcement, the Board of Supervisors called for a hearing on the basic concepts underlying the Candlestick Point-only stadium mixed use development plan. At the hearing on November 21, 2006, the 49ers stated that Candlestick Point would not work for the 49ers as the site of a new stadium for three primary reasons: (i) the site was too dense; specifically because it would require what the 49ers thought would be too large of a parking garage for their fans and not enough tailgating opportunities, and because of potential construction impacts at the site on existing operations at Monster Park, (ii) uncertainty about funding the transportation improvements needed for the project and (iii) uncertainty about the local and state entitlement process.

Following the 49ers’ announcement in November 2006, the Mayor and City and Agency staff, working in cooperation with Lennar, began work on developing a new preliminary plan that includes both Candlestick Point and the Hunters Point Shipyard to address the 49ers stated concerns while honoring the City’s core requirements of fiscal prudence and keeping long standing promises to the City and the Bayview Hunters Point community in particular about the revitalization of both of these sites. The Mayor outlined the new integrated development plan with the potential for a new stadium at the Shipyard in correspondence to the 49ers in December 2006 and January 2007, which is attached as part of the Board of Supervisors resolution described below. In February 2007, the Board of Supervisors adopted a resolution, Res. No. 59-07 (“Board Resolution”), which is attached to this memo, endorsing the efforts of Lennar, working in cooperation with the City and Agency staff, to generate a new integrated plan for a mixed-use development on Candlestick Point and Hunters Point Shipyard. Both the Mayor’s recent correspondence to the 49ers and the Board Resolution provide for the possibility of a new 49ers stadium at the Shipyard but contemplate the creation of an integrated project, with public benefits like parks and open space, jobs, and affordable housing that may proceed whether or not the 49ers decide to build a stadium at the Shipyard. The Board Resolution also urges the Agency to work with the City, including the Recreation and Park Department, to amend its existing exclusive negotiations agreement (“ENA”) with Lennar for Phase 2 of the Shipyard, which includes Parcels A-3 and B-E of the Shipyard to combine Candlestick Point, which includes the Recreation and Park Property, and the Hunters Point Shipyard into a single, combined redevelopment project. The amended ENA, if agreed upon, will not grant Lennar any actual development rights or rights to City property. Rather, the amended ENA will provide a framework for the City and Lennar to advance specific planning efforts for the project. Any final development agreements will be subject to separate approval by many City and state agencies, including the Recreation and Park Commission, each in their sole discretion, after environmental review under CEQA and significant community review and participation, which is estimated to take approximately two years. Proposed Memorandum of Understanding To implement the Board Resolution, the proposed Memorandum of Understanding between the City, including the Recreation and Park Department, the Planning Department, the Mayor’s Office, including the Mayor’s Office of Economic and Workforce Development (“MOEWD”), and the Agency (“MOU”) provides for the City and the Agency to cooperate with one another to facilitate the planning of Candlestick Point and Phase 2 of the Shipyard as one integrated development project. The MOU also provides for the Agency to serve as the City’s fiscal agent for the City’s costs, including Recreation and Park Department staff costs, associated with the planning of the integrated project. The Agency is currently negotiating amendments to the ENA that will provide Lennar with an option to expand its Shipyard Phase 2 ENA to include Candlestick Point, and will provide for reimbursement of both the City’s and the Agency's costs as contemplated in the proposed MOU. The proposed MOU is attached to this memo. For the purposes of planning for the proposed integrated project, the Commission’s authorization is requested to permit the Agency to grant to Lennar an option to amend its ENA to include the Recreation and Park Property as part of the project; provided, any future use or disposition of the Recreation and Park Property will be subject to the review and approval of the Recreation and Park Commission, the Board of Supervisors and Mayor, and,

if necessary or appropriate before any such approvals, a vote of the people of the City and County of San Francisco. The Commission’s consideration and possible action to approve the proposed MOU and authorize the inclusion of the Recreation and Park Property for planning purposes is necessary first step to allow the City to begin the planning process for these two areas in order to deliver the City’s long promised public benefits of affordable housing, jobs, and open space areas to the Bayview Hunters Point community. Pros The proposed MOU provides for coordinated City and Agency planning of the Candlestick Point and Shipyard redevelopment areas and provides for the reimbursement of City costs, including the Recreation and Park Department’s costs associated with planning the integrated development site. Moreover, any future use of the Recreation and Park Property will require review and approval by the Recreation and Park Commission. Cons None. Clarence Spears stated that he was overjoyed about the project and backed it one hundred percent. Franklin D. Ross stated that he wanted to see the program go forward but also leave avenues for the children and the young adults growing up in the neighborhood to benefit from jobs that could develop from the projects. LaRonda Smith commented on the lack of affordable housing in the City and hoped that if the project is accepted all parts would be integrated and that children growing up in the neighborhood might be able to afford housing. She stated that she was very excited about the whole project. Brian O’Flynn urged the Commission not to support this project as he did not believe it was in the public interest. He believed that if redevelopment moved into the neighborhood it would end up displacing the local community and the type of development promoted would be a corporate subsidy to very large megadevelopers. Doris Vincent a member of the Pack Project Area Committee and the Mayor’s Shipyard CAC, believed that the project would enhance the 10 years of work that have been done. She asked the Commission to adopt the plan and stated that it was the best thing that would happen for this area and for the City. Emeric Kalman asked if the Marin or the Ferry Terminal were considered for these plans. On motion by Commissioner Levitan and duly seconded, the following resolution was unanimously adopted; RES. NO. 0704-019 WHEREAS, the Recreation and Park Commission has administrative jurisdiction on behalf of the City over approximately 77 acres of property currently leased to the 49ers (the “RecPark Property”). Over the last ten years, planning for the development of Candlestick Point, which includes the RecPark Property, and the redevelopment of Hunters Point Shipyard (the “Shipyard”), has proceeded on largely separate, albeit parallel paths; and, WHEREAS, the City has been working with the 49ers and their development team on a potential new NFL football stadium and a related mixed-use development on the RecPark Property, but in November 2006, the 49ers announced that they no longer believed that a mixed-use stadium project on Candlestick Point was feasible and that they would shift their efforts to developing a new stadium in Santa Clara; and, WHEREAS, following the 49ers’ announcement, the Mayor and City and San Francisco Redevelopment Agency (“Agency”) staff, working in cooperation with Lennar, began work on developing a new preliminary plan that includes both Candlestick Point and the Shipyard to address the 49ers stated concerns while honoring the City’s core requirements and goals for the potential revitalization of both of these sites. The Mayor outlined a new preliminary development plan with the potential for a new stadium site at the Shipyard in correspondence to the 49ers in December 2006 and January 2007; and, WHEREAS, in February 2007, the Board of Supervisors adopted a resolution, Res. No. 59-07 (“Board Resolution”), endorsing the efforts of Lennar, working in cooperation with the City and Agency staff, to generate a new integrated plan for a mixed-use development on Candlestick Point and the Shipyard. Both the Mayor’s correspondence to the 49ers and the Board Resolution provide for the possibility of a new

49ers stadium at the Shipyard, but contemplate the creation of an integrated mixed-use project, with public benefits like parks and open space, jobs, and affordable housing that may proceed whether or not the 49ers decide to build a stadium at the Shipyard; and, WHEREAS, the Board Resolution also urges the Agency to work with the City, including the Recreation and Park Department, to amend the Agency's existing exclusive negotiations agreement (“ENA”) with Lennar for Phase 2 of the Shipyard to add Candlestick Point, which includes the RecPark property, and thereby create a single, combined redevelopment project for planning purposes; and, WHEREAS, any final development agreements relating to the integrated project will be subject to separate approval by many City and state agencies, including the Recreation and Park Commission, each in their sole discretion, after environmental review under the California Environmental Quality Act and significant community review and participation, which is estimated to take approximately two years; and, WHEREAS, to implement the Board Resolution, Agency and City staff, including the Recreation and Park Department, the Planning Department, and the Mayor’s Office of Economic and Workforce Development, prepared a Memorandum of Understanding, a copy of which is contained in the files of the Recreation and Park Department (the “MOU”). The MOU provides for the City and the Agency to cooperate with one another to facilitate the planning of Candlestick Point and Phase 2 of the Shipyard as one integrated mixeduse development project. The MOU also provides for the Agency to serve as the City’s fiscal agent to seek reimbursement of the City’s costs from Lennar, including Recreation and Park Department staff costs; and, WHEREAS, the Commission’s approval of the MOU and authorization to include the RecPark Property for planning purposes is a necessary first step to allow the City to begin the planning process for these two areas in order to deliver the City’s long promised public benefits of affordable housing, jobs, and open space areas to the Bayview Hunters Point community; now therefore be it, RESOLVED, that the Recreation and Park Commission approves the MOU, in substantially the form attached to the Recreation and Park Department’s staff report, and authorizes the execution and performance of the MOU by RecPark staff; and, be it FURTHER RESOLVED, that the Recreation and Park Commission requests and authorizes the Agency to amend the Agency's ENA to include the RecPark Property as part of the integrated project for planning purposes and otherwise as consistent with the intent of this resolution; provided, any future use or disposition of the RecPark Property will be subject to the review and approval of the Recreation and Park Commission, and other applicable City and state agencies, after environmental review under the California Environmental Quality Act; and, be it FURTHER RESOLVED, that any and all actions taken consistent with this resolution are hereby ratified, confirmed and approved. COMMISSIONERS’ MATTERS Commissioner Lazarus requested the following: 1) a detailed report on the JFK Drive situation and the obligations of the Department and 2) that staff look at the issue of related to golf course tournaments specifically family tournaments . NEW BUSINESS/AGENDA SETTING Commissioner Lazarus requested broader community discussion on particular topics be added to the Commission calendar. He gave an example of active recreation field use. He requested that staff consider and layout a timeline over the course of six months or a year to set aside a period of time to discuss about active recreation – hopefully within the next couple of months. An unidentified speaker supported Commissioner Lazarus’ proposal for more public discussion and input for recreational facilities and programs.

ADJOURNMENT The Regular meeting of the Recreation and Park Commission was adjourned in memory of Commissioner Harrison’s brother Frank Harrison at 4:47 p.m. Respectfully submitted,

Margaret A. McArthur Commission Liaison