marketing relations at the zoo. our public director is busy this morning, as you all are as well. very quickly, attendance is finally starting to come back. we had a very good january and an even better february, thanks to some really good weather. we have budgeted 39,000 visitors, and we came in at 46,000. this month, i cannot say it is going swimmingly because of all the rain, but we have a lot of activities coming up. i think we are on track to meet the goals. a couple of things -- briefly on the tsunami, as far as the zoo, i think next to the marina, the zoo is the next very vulnerable space in the city, and we do have an emergency plan that covers just about anything that could happen, including natural disasters, and we ended up on friday closing the zoo at 3:00, and that was really just a precaution to make sure we had enough time to get all of the animals into the night quarters

just in case. as you know, it all ended well as far as we were concerned and the city was concerned, so that is good news. continuing with our emergency procedures, on saturday, we did have a tragedy that occurred. we had a 911 call and a radio call that an infant was in distress at the leading lemur cafe. to make a short story short, actually, because the emergency procedure from the time that the call came in and we were radioed until the time the fire department left with the infant on a gurney at the zoo was 8 minutes. the response was very quick. unfortunately, the infant did not survive. we do not know and very well may never know what the cause of death was. the baby was in a sling, and the father took the baby out and put it on a table, and cpr was given, both by a doctor that was there as well as staff, and we

brought oxygen to the scene, but none of it worked. i have found out since then, actually, that's the family comes to these and frequently. they have another son who loves johnnie, are conductor at our little tougher. i know tonya decided to contact the family, but i think we can certainly do some things for the family after they have time to adjust to this, if you ever do. so not so you think i have only bad news, the good news is we did have a call oliver -- a koala birth, our first in 10 years. we did it have to check in december. i do not know if you know this, but wallace -- koala's when they are born are about that big, and they crawl up the mother's belly, a tax themselves to the tee, and stay there and get

bigger until somebody notices. so when they did the check, they could feel one there. it started showing itself in january, so by the time that we did our press event, it is when there is no more room, and the baby starts coming out. we had a lot of press coverage. again, i think it is one of the things helping these to come back, that we are having a lot of action in our animal collection. and that concludes my report. commissioner buell: thank you very much. >> is there any public comment on item 6? seeing none, public comment is closed. this was discussion only. we are now on item 13, which is public comment on all matters pertaining to closed session, and is closed session is the san francisco 49ers. is there anyone who would like to make public comment on that item? seeing none, public comment is

closed. commissioners, we are on item 14, and we need a vote on whether to hold a closed session to confer with legal counsel. commissioner buell: for those who came in late, we are moving to executive session to take a matter of that needs to go to the board of supervisors before noon, and we wanted to make sure we had proper time to do that. so that might eliminate any confusion out in the audience. >> we need a motion. commissioner buell: moved and seconded. all those in favor? hearing no opposition. >> we are now in closed session, and we will adjourn to the back of the room so the public may stay here. commissioner buell: everybody keep your seats. we will be back as soon as possible.

>> 17, and you need to vote whether to disclose any or all discussions held in closed session. >> move not to disclose. commissioner buell: moved and seconded not to disclose

discussions in executive session. all those in favor? o closed? hearing none. >> we are now on item 18, the san,49ers. -- san francisco 49ers. >> i'm here today to request that you recommend approval of a settlement agreement involving our long standing lease dispute on the condition of the stadium. briefly, as you know, we have been fighting with fighting49ers for almost as long as i have the city attorney, which is 14 years -- we have been fighting with the 49ers. i'm hopeful that this may be the last time that i am before you on this matter. i think we have gone a long way towards trying to achieve that result, although, of course, we cannot guarantee it. the settlement involves a couple of important things that i'm

going to briefly go over with you right now. first of all, one of the most important things we have done in this settlement is redefine what is our maintenance obligation going forward. we redefined it based on existing conditions together with the scope of work that the 49ers are going to complete now and existing funding levels that we are currently funding the maintenance of the stadium. rather than the existing dispute, which has been whether or not we are maintaining and in good condition in accordance with nfl standards and some maintenance manuals, we defined the maintenance obligation as existing conditions. the other thing we have done is we have a very broad release of all claims related to the existing condition of the stadium with a car around for any potential third-party claims. if a third party is injured in the stadium, that is still something we will be on the hope for, but the team no longer has the right to sue us based on the condition of the stadium.

the settlement involves a lease amendment, and both the settlement and lee's government, as i mentioned, will go to the board of supervisors for approval. relevant terms are that we change the term of the lease, which currently is until 2013 with two five-year extension options. we have amended it to continue the lease currently through 2016. so they are currently exercising an option for a couple of years, and we amended the remaining extension options as just one- year options they can exercise in two years prior notice. we also gave them the right to terminate in 2015 if they chose to do so. we have a $3 million payment issued for stadium improvements. we have listed what those improvements are as part of the lease amendment. that money is going to come out of the city's litigation reserve and not out of the department's budget. we have granted them some credits and rent reductions going forward.

those reductions and credits have been strategically designed to maintain the current flow of funding that the department currently receives from the team under its lease. in the past, we have given various credits, and i think the department -- katie is not here, but she can describe the actual amount of revenue, but it is the same as what we have been receiving for the past three or four years after deducting existing rent credits. we also included provisions with regard to unanticipated capital repairs. and what happens in the event that there are significant unanticipated capital repairs needed in the stadium. in that case, we would continue to go to arbitration, like under the current lease, and we preserve all of our rights and remedies that currently exists, with respect to whether or not we would have to do repairs based on a panel where an arbiter would decide.

the last piece -- we have two things of lesser importance, but we specifically contemplated the possibility that these may be shortened, and as you know, i think there's some question about the next season. we have agreed that rent credits and rent reductions we have given them would not apply in the event of a shortened season. we change the parking fee so that they would increase from what is currently $25 to $30, and that is -- they do pay rent based on the amount of parking revenue, so that is an origin of increased revenue to the department. with that, i'm happy to answer any questions you may have about this. >> the shortened season part of it -- what are the implications again? i did not follow completely.

>> what we have done is said, "you get rid credit -- rent credit and reduction based on the expectation that we are going to play 10 or 12 games a year. largely, a lot of revenues are based on percentages. so we said, by the way, if you are not playing, you did not get any of those credits. then i got it. thank you. >> questions? >> is there any public comment on this item? seeing none, public comment is closed. commissioner buell: thank you. i want to compliment the city attorney and staff. this has been a long, torturous process, and i think it has done to it that conclusion. with that, barring any questions, we will entertain a motion. it has been moved and seconded.

all those in favor? it is unanimous. thank you very much. >> we are now on items seven, the marina yacht harbor west harbor renovation. >> good morning, commissioners. the item before you today is approval for a professional services contract for construction management services on the marina high your -- marina a yacht harbor west harbor renovation project. the item is before you because there has been a change since it appeared before the capital committee. we are requesting the value of the contract be increased to $800,000 to include additional skill related to special inspections services by a consultant. the services under the contract are oversight and inspection

during the course of the construction project as well as cost estimating, scheduling, and testing services. i'm available to answer any questions you might have regarding this contract. commissioner lee: this item was heard before the capital committee. we had a robust discussion on the item, and we recommend approval. >> is there any public comment on items seven? being none, public comment is closed. commissioner buell: do we have a motion to approve? commissioner martin seconded it, so we better get a motion to approve, or that does not go anywhere. all in favor? it is unanimous. >> we are now on item 8, the department of children, youth, and their families.

discussion only presentation. commissioner buell: do we have anyone to make a presentation on item 8? >> would you like to go to item 9 and we come back to that? commissioner buell: did we advise item is that we were going to meet at 10:00 in the morning? item nine. >> item 9 is doyle drive project, and accept and expend a grant. >> good morning, commissioners. i am with the capital division. the item before you today is discussion and possible action to accept and expend a grant administered by the san francisco county transportation authority for the presidio park would project in an amount of up to $1 million.

we came before you in december, as you will recall. the strategies are temporary, to be implemented while it is under construction, and it will be restored back to its existing condition at the conclusion of the project in mid-2014. the funding was approved by the authority. the strategies developed to assist the palace of fine arts theater at exploratory m., who are our attendance, to help minimize parking overflow into adjacent neighborhoods. i will be happy to answer any questions you have. commissioner harrison: he talks about the improvements that are going to be made, the changes. as mentioned, driveway modifications i am a little

confused on. what does that mean? >> the drive with modifications noted there are modifications to the driveway to the lot when it is put back on line in mid-2011. those are just curve modifications. if you recall, as part of our presentation in december, the lot will be brought back online after it is reconstructed, where we gain about 62 parking spaces. that is that the little island? i thought that was not included? >> no, no. we are talking about the lehr lot. >> the triangle was eliminated. we do not have a big crowd here today. [laughter] >> is there any public comment

on this item? being none, public comment is closed. commissioner buell: 90 very much. it is in the hands of the commission. moved and seconded. all those in favor? opposed? hearing none. thank you very much. it is unanimous. >> we are on item 10, the community opportunity fund. >> good morning, commissioners. i wanted to give you a brief update and answer any questions you have about the revisions to the implementation plan, and the project selection criteria for the community opportunity fund. in brief, i do not think any of these will be a surprise to you. the menu component to the program -- we are proposing to suspend the foreground two. as mentioned in december, it was generally pretty unpopular in the first round. it was initially intended to support small projects, and we found that several small

projects are actually funded through the customs program, and i think that speaks to the unique nature of a lot of our parks. there is one other relatively minor policy program change we are proposing -- that neighborhood parks funded by the bond in other ways are no longer eligible. this came up with a couple of applications, and that really speaks to the balance and intent of the opportunity fund, balancing the geographic distribution of funds across the city. as to the revisions to the criteria in the implication plan, we really were just looking at removing some redundancies and making the point seem more equitable for the program. we made more specific revisions in the selection process, and as commissioner harrison can attest, this was something we could attest to it at the committee, the giving committee members the ability to ask questions of the applicants was something we thought was very important, but within a specific time frame, because it is our goal to deliver these projects,

so i will be administering that throughout the process. as to the application, it is always a challenge with the pilot round of anything. we are really struggling with knowing what to ask before we knew exactly what we needed. we made some revisions to the application process. primarily with an additional form that separates out the stewardship of a group and their commitment and recognizing that financially, separating that out from the project. there is a really distinct project budget, and we know exactly what we are getting into moving forward. it sort of became an arithmetic problem for me during the application process, and i'm looking forward to streamlining that and working with groups on the front end. the other big thing we are doing, and this is really in recreation of bill, it part stored and project selection committee member, who has been totally instrumental in the success of the program at this point -- he suggested going paperless with the application

process for the second round. there was one group last round that spent $300 just in developing the graphics for their application. so i have all of the files in digital spreadsheet files, but also in an open document source format so they can use a free spreadsheet reader to prepare their applications. i also wanted to mention that we are beginning -- we are scheduled to begin our applicant workshops next week. there is about 130 people in groups right now on the mailing list for the program. we are expecting great response to the second round. commissioner buell: thank you. public comment, i think. excuse me, let's get commissioner lee. commissioner lee: i understand the item was not placed in front

of capital because of time restraints, but in the future, capital items if all possible should be placed in the capital committee first before going to the full committee. with that said, i was wondering what kind of out -- you are doing in terms of language, materials -- what kind of outreach you are doing in other languages to let people know about the opportunities and what kind of responses you have gotten. >> we have been primarily working with the board of supervisors. we have not received any requests for translation services, but i am certainly prepared to begin that as soon as possible. and i can translate the documents, if you think that is important. commissioner lee: that might be something we could look at. >> absolutely. in the first round on this, i sat on this committee. there were a few minor things that cha