tv [untitled] May 12, 2012 10:30pm-11:00pm PDT
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trying to figure out who is on their during what hours. looking at the data, we have realized there is great opportunities for programs like kayaking, stand up paddling, to induce companies are all programs we have interested it -- interest in other places and lake merced is a great venue for that. we envision waterfront day camps, fishing, outdoor fitness, environmental science, natural programs and nature exploration. this summer, we will take some kids kayaking as part of our summer program as well as a partner with the dragon boat association. they will be giving kids one day workshops and maybe they will have some racist.
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once work is -- maybe some races. we expected to become a vibrant community center. potentially concessionaires to offer amenities like fishing gear, but rumples, and food. we envision the entry area and portions of the boathouse to be able to showcase the accomplishment of clubs and teams on the lake and the importance of the lake as a water source and natural area and public open space. but house improvements as they went through -- [tone] i have to more slides. will be very brief. we know you are aware of the potential funded infrastructure for the lake and deferred maintenance is a huge problem at the lake. phase two boat house improvements would include finishing the ceiling and
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interior doors, like plugs, panels and dividing up the space into areas that could be used by many groups, including existing tenants. to conclude, we would just like to invite the public to the harding golf club house on may 24 at 6:00 for a public meeting to discuss the potential uses and future uses of the boat house. >> what is the cost of this proposal? >> the proposal for phase 2? >> the mou you presented. >> to the programming on a lake -- >> the overall cost per year. >> my side of the house is the programming side. to provide a program on the lake -- >> without reference to a budget? >> the program as we developed for the fall would cost about
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$17,000. we have the existing equipment. we received kayaks, stand up paddleboards and other sports equipment through a grant from coca-cola. we have the gear, it which is the staffing costs. >> mr. chairman, i move to reject the mou. >> i have a motion. >> i have some comments. i don't know if there is a second, -- >> i will hold my motion to listen to your comments. >> it's hard to believe we are still addressing the same issues. i have been on the commission almost four years now and i think one of my first meeting as we were talking about these exact same issues. it is with some frustration and consternation that we have to listen to the same comments over and over again. i'm not happy that the mou -- i
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hear what a lot of the task force members from lake merced are saying because i don't think the mou is significantly different enough to squarely say who should be responsible for what. one thought mashhad is to put a tight timeline on this and instead of a five-year mou, possibly look at a six month proposal where we say to rec & park to come back and us -- come back to us in the six months -- and i'm not ready to make a motion, with a plan for recreational activities more clearly outlined that allegis stock, with budget numbers and -- because it does not clearly delineate those activities. it would be a plan and a budget
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and there needs to be some real progress in these next six months on all of these outlined activities you say are going to take place because there clearly hasn't been any progress. the staff is not even showing up for the meetings. that might be just from the public, we are hearing. but we know the lake is continuing to deteriorate and there is not proper management, and we've got to do something to move this forward. if we're still here one year from now hearing about the same issues, it's going to be really frustrating situation. i know we have the mou before us and we have this issue about the watershed plan which i think is an excellent document. i don't know if we need to separate the two of those, but we need to move forward with the adoption of that and it should be part of the charge as well, if we do give him a grace time,
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that they need to come back and say how they are going to implement the portions they are responsible for. it is outlined clearly, we did spend top dollar for the best firm to put that document together and nothing has happened with it. it's not just rec & park, but it's the puc that needs to get started. >> how much did that cost? >> i don't know. i wasn't here when it was done. >> it was that long ago? >> it was approximately $500,000 of the ratepayers' money. >> to develop a plan we have not yet approved? >> to develop a report and it's described in nearly leigh with the commission can do which is to accept the report -- >> the report is now before us? >> it is before you today. >> i moved the report.
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i've only been on this commission for far less than you have and i would be more impatient if the apartment -- if the department can't even come up with a number as to where the revenues going to come from. i hold that very important as my fiduciary duty. the report is before us, my new motion, i would throw up the previous motion, i would move the report. >> let me ask some point of order type questions. we have a resolution that adopts the mou and it also accepts or adopts the report -- >> the resolution has to resolve. one allows us to adopt the mou and the other ex at the lake watershed report. >> i would move to repeal the
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reference to the mou and let the resolution stand as amended with the provision we except the report. >> i have some other point of order questions. when we say we want to accept the report, what's the effect of that? but maybe fairly specific -- if the report calls for hiring a lake merced manager, by accepting a report alleges that obligated to hire the manager? >> no. you don't have a position unless it goes to the budget process. >> if we accept the report, that says we are accepting the the report for what is as a
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recommendation for a program of action? >> as a resource to use in planning the environmental review. >> it has no implementing force by itself? >> no. >> bets one issue. the second issue is if the mou -- i think of lake merced as having three -- it doesn't touch the golf course. it leaves status quo on the golf course. the second issue is the rod and gun club. if we do not approve the mou become a the rod and glove -- rod and gun club stays with recreation and park. if we don't approve the mou, that it stays. the third issue is the boat club and i guess recreation on the lake itself. that is really what most of our discussion has been about.
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moth>> thank you for that clarification. if we reject the mou, it means that rec & park stays in management of the boathouse and the gun club. that has been one of the key points of contention. i have a proposed amendment that might address that that is what i have been talking about which is giving six months. >> it is a substitute motion. >> a substitute motion that is a six month time line that would be accepting of the mou but with a specific deliverable says commission would be to seek to renew or amanda mou -- renewed
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or amend the mou. >> for clarification, if we move the mou and we don't have to take anything out to do you are talking about. if we add something and we expect this to come back with a set of the liberals and six months for additional consideration of the boat house and light management, -- >> if you accept it, it does bring the gun club back to recreation and park management. the term is a five-year term as you could say it is a five-year term that you want to report back in six months. then you would have to make a decision to extend it. >> if we removed the boat club from the mou entirely so the
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term doesn't apply for that, thought we would take action on the rod and gun club and take no action on the boat house, that action we could indicate a desire for an action item to come back in six months. >> my only concern is that i know recreation and park is suggesting $2 million in a bond that would be voted on in five months. knowing the result of that in six months is useful. we would have to check, one of the speakers brought this up, was the jurisdiction of the boat house would have to be either a rec & park under or under us to qualify for the bond. >> right now, the fund says
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recreation and park. it's coming to the planning committee next monday. >> just so we're clear, the status quo is the resolution is commission adopted in 1950 putting rec & park in charge of the boathouse because we were not anticipating changing that at this meeting. i have not had a chance to investigate whether or not they have an investment in asset that would make it something to negotiate to bring it back. one of the recommended changes i was going to make this if you were to move forward with the new mou that allows you to take
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the rod and gun club back, he would authorize the general manager not to execute but negotiate and execute. if you are going to make the resolution, it would be important so we could make the mou comport with the direction of the commission. for example, if you were to say the term, you are authorizing the general manager to negotiate and execute a term either up to six months and it has to come back for a decision provided the boat club staying under management is up for consideration in six months, it would be important it would be negotiated and executed in addition to addressing the bond, which i understand the people drafting the bond are addressing that issue to make it clear lake merced will be entitled to the
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money regardless of whose jurisdiction it's under. to figure out whether there has to be any compensation for that. >> my sense of what i am hearing and where i'm trying to get is this commission is very frustrated by the lack of action at lake merced and is inclined to do something if there is not a very quick demonstration that things will change. or we are willing to accept eight promise for a limited time. >> how long are we going to wait for those promises? >> it sounds like six months. >> or as opposed to five years. >> the other thing is accepting the report sounds like a fine thing. the mou, as long as it doesn't change or obligate us to
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anything with respect to the boathouse and fell like, it's as if we didn't act at all. if we don't do anything or even if we do, is there anything that changes with respect to the boat house? >> the question becomes why did we spend $500,000 for a report we're going to ignore? >> that's a good question. >> the gun club changes, the boat house, the mou as a planning process spelled out in a but it doesn't change the jurisdiction or management of the boat house. it brings the puc into the planning and says it would be involved in any decision about to be a vendor. but it doesn't change the jurisdiction. >> it seems like we could do one of two things. we could remove the language and deal with later or we could
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amend it to say as part of the planning process, we expect specific deliverable and a limited amount of time. >> my understanding is the planning commission has already approved park and recreation continue as jurisdiction over the lake. >> it was day operation committee. >> no matter what we do one way or the other, this decision still has to go before the board, correct? >> not to the board. but if we approve something different, it has to go before the board. >> it's not before the full commission until next week. >> i concur. does seem to be the to options. one is a very limited time for the mou, six months or
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something, with very specific deliverable the attached to it with budget and planning figures that are very specific or option #2, you said is to reject the mou but pull out the gun club portion. >> or excise any thing that pertains to the boat house. what remains is the rod and clint -- rod and gun club. >> but everything else would remain as well? >> it would remain as it is today. what would change with the rod and gun club. >> the way it is structured is parts of the 1950 resolution, we are not touching it. if we remain silent, it would leave it as is. >> we will go in formal.
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we have a bunch of discussions that amounts for something that hasn't been moved yet. to have any public comment on the discussion? >> i have 32 seconds left. but my lawyers had on even though i'm not an active member of the bar any more. the 1950 resolution which i made all kinds of fun about, the one that gave rec & park its rights at lake merced did not a sign the lease with the gun club. bellies with the gun club -- i have it here. it's five pages long dated 1935. it has never bet amended. it's between the city and county of san francisco, approved by the water department.
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you are still the lessors at the complete. i don't know whether steve or anybody has asked the city attorney's office for an opinion on that. i think you are still the last -- the lessor at the gun club. we're dealing with a 10 million- dollar cleanup problem. police did not require the gun club to carry general liability insurance. this city and county is on the hook for $10 million in cleanup expenses. you are the lessors of the gun club today. you on it. you own a $10 million problem. >> has the city attorney opined on this? >> not yet. i did go back and read the files
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from 1935 through today. it's clear that after the public utilities commission adopted the resolution in 1950, a transfer management of the rot at -- the rod and gun club and rec & park managed it from 1954 and it's true that has not been amended since 1935 although there are informal agreements increasing the rent from $10 a month. it >> you are arguing that it constitutes an assignment? >> between one city department and another, puc owns the land and can retake the responsibility to manage the least. but it requires a commission action to do so because it was the commission that transferred management responsibility and that is what the mou does.
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as specific language that says while rec & park will manage the boat club and a related recreational leases, the rod and gun club police will come back under puc management which is one of the things proposed to be accomplished. >> good afternoon. i'm from a san francisco green party and the local grassroots organization, our city. i admire what you commissioners are trying to accomplish with an untenable situation. but i'm worried this is being rushed and i think we can see from the conversation you just had there are a lot of complexities with this that need to be explored. it makes a lot of sense to approve the watershed steady and then have the waste water enterprise and water enterprise carefully look at that information and instead of rec &
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park, have the water enterprise and waste water enterprise take the lead on developing an overall master plan for this watershed area that than rec & park would have a limited role of managing just the recreation activities without being in control of the physical ground and area of the watershed itself. when you are trying to do is in the right direction but i would ask the staff develop the model and master plan and then we asked rec & park to develop the role in it. i feel like we need to take the right time to make sure this properly protect our water assets and wildlife. thank you. >> who has the floor?
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>> i would like to put a motion on the table based on all this conversation that we -- i believe what our council said is we can separate out the gun club least and lot -- gun club leases and a look at that and do what we need to do with it separate from the mou. >> yes, by inaction. >> by taking an action today, you could resume management -- >> by taking inaction or an action? >> my motion would be to take that action and then the second part is to reject the mou because it needs additional work.
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>> that was my first motion. >> but i want to make sure the gun club peace is addressed because that's very important. >> just because to agencies assume an understanding of jurisdiction doesn't mean the legal requirements have an assignment. >> the lease is between the city and county of san francisco and the pacific rod and gun club. there is only one legal entity. all we are talking about is -- within a lessor's responsibility -- >> we can take action on that
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separately, so that would be one piece of the amendment. the second -- >> i believe there is already two separate motions. >> the report and the ammo you -- the mou. >> accept the report -- we would take action to assume the action of the rod and gun club lease. what do we do with the lake? >> we reject the mou. >> rejects the mou.
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that sounds like something close to a motion. >> second. >> we have a second. is it clear to the city attorney what we are doing? >> the resolution that before you has to clauses. the sec one remain because it accepts the watershed report. -- the second one remains. if we amend that to say it authorizes the general manager to assume management of the rod and gun club blaze, that we are done and we don't have to resolve to reject the mou. unless you want to provide direction about what we do about the underlying status quo, we could draft a resolution
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because the status quo is the boat house will remain with rec & park under the 1950 resolution. >> maybe after we finish this, we can address that because i prefer we are not rejecting the mou, because i believe we have this relationship with rec & park and we have these recreational activities and the mou needs work. maybe we can do a separate resolution that can come up at the next meeting at talks about specific deliverable we need to see in order to enter into an mou. >> we would be inviting to return to this commission and mou of much narrower scope and i think the discussion has informed the parties as to what our intention is and that is to take action.
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i believe we have a motion and a second. any additional discussion? all those in favor of? opposed? the motion carries, thank you. let me make a comment in terms of guidance for the folks working on this. i would hate to have to get into recreation management at the lake. we have a huge water program, a huge sewer program, we can do anything people tell us to do. we can move mountains, burrow under them, do anything that needs to be done. but we don't have expertise figuring out whether kayaks for sailboats are the best use of the lake. i would love to have us not get into that business. on the other hand, if our land is lying fallow and is
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