berths went from 84 to seven. when that was pointed out, the needs of the boating community magically disappeared from all of the objectives. the marina was then done and the idea of creating berths for boats that were yet to arrive. the san francisco bay falk association has been one of the most active fleets and we have been on the day for 55 years. it is a very much historic fleet. many other decisions have been made over the course of the development project, such as eliminating berths with the sailor berths and also, eliminating subletting, which would be very detrimental to the continuation of these historic

fleets. that being the case and given the fact that these decisions have already been done, i am pleased to approve the addition of these additional berths at the marina, which would be of great assistance for these fleets. i just feel that there were meetings at the commission when the design was finally going to be reviewed and approved by the commission, and we met out in the hall with members of the park and wrecked apartment and an -- rec and park department and they showed as this plan with these 36 berths. and because of that plan that they come out and haul, -- and because of that plan that date

and the meeting out in the hall, we did not object publicly at that time based on these birds going in. now that has happened, we would like to see them go in. and now is the time to do it because all of the equipment is there. it will never be less expensive to do it that it is right now. thank you for your time. >> any other public comment? seeing none, public comment is closed. >> i think the resolution takes out the item that has to do with the gulf rates -- golf rates, because tom has a modification to that. or we can listen to tom and adopt the whole thing. tom, do you want to speak to that issue now? rex -- >> i am through -- from property management. during the course of my work this week i realized i made an

error in not one of their rates, the sharp park jays corp. -- the shark park rate schedule. brecht's this is the item j -- >> this is item j. >> we were trying to correlate our rates so that they made sense to each other. we did lower the junior rate at lincoln to $17, but i fail to do the same thing for sharp. but we are lowering that to $18, because if you remember correctly, we raise all of the resident rates by $2 instead of one at sharp. -- two dollars instead of $1 at sharp. >> does this change the bottom line? rex it will have a minimal change to the bottom line financially. but also this week, thanks to

the incredible help of the city attorney, francesca kisner, we were able to corral the nine areas of the gulf information of the bar code into wine. it was during that process of the analysis and looking at it that i realized i had failed to lower that one right. i would like to be able to do that before we pass this going forward. >> thank you, tom. i think we should ask for public comment on these modifications. >> i will say that i called all of the courses this morning. all of the rate changes that are in your packet were posted at the golf course, and riposted last thursday so that the golfers would have a chance to look at them. i have called all of them this morning and we have had absolutely no negative comments. >> any public comment on this item? >seeing none, public comment is closed.. >> now i would entertain a

motion to approve with these blacks moved and seconded. >> all in favor? -- with these modifications. >> moved and seconded. >> all in favor? all opposed? the motion carries. >> we are now on item two. ? good morning.

-- >> good morning. let me start with the money. how is that? >> mining is tanya peterson, director -- my name is tanya peterson, director of the san francisco zoo. thank you for taking this on. april attendance for the month was 80 two thousand 601 visitors versus the budget of -- 82,601 visitors verses the budget of 75,000. thankfully, we were over budget. and we were over budget by 10.5%. i am also thrilled to report that we just had our annual gala, which raised over $800,000, and that his record- breaking four ayes, more than we

have ever raised. i thank the zoo chair and commissioner arata attending. she and other guests came in elegant attire. because of them, we were able to honor mark's mother, mrs. lee ann roberts, who was responsible for finding and spending -- and spearheading the african exhibit. in our effort to broaden our community outreach, we just announced a new festival on saturday, highlighting the cultural dance and music performances of the pacific, including the hawaiian and filipino guitar as well as specific-in fact -- pacific- inspired food. we hope to host a similar day

next year. that is in quarantine, our new sumatran tiger, larry. he is here from the mississippi's due to breed with lee and, the and named after mrs. roberts. we hope we will have tiger cubs soon. sumatran tigers are hot -- are highly endangered. our other handsome guy is this guy. >> i love that. >> he, too, is in quarantine until shortly after memorial day. he comes from the san diego zoo to breed with the female koalas. he comes from the australians

to. we hear he meet -- may be named cutie pie. this is also going to be our new exhibit. this is a north american bobcat. he has been participating in our outreach to schools, but we really want to focus on north american wildlife. his exhibited in progress. these would be what we call the old grottoes by the snow leopard. we are opening of that area. it had literally been a storage for old wine and liquor for baa's parties. we are opening up that area and it will be for native north american bobcats. i thank everyone. >> sorry to see that king richard, the horned owl, 50 years old. gregg's you just made 50 and

recently passed away -- >> he just made 50 and recently passed away. it was the oldest living howell in the world in captivity. gregg's any other public comment on this item? -- >> any other public comment on this item? seeing none, public comment is closed. next item is the helen diller playground. >> one moment, commissioners. special consideration. >> good morning, commissioners. acting director of property and

concession management for their apartment. as you may recall, we entered into an agreement with the 49ers, indicating a number of things. it did include adjusting the lease extension options. a further -- before you today is a further change, namely, the option to terminate the lease prior to the 2014 season the city was last year approached by the 49 years, requesting this new early termination option, and we have subsequently negotiated a lease amendment, which would receive fair compensation for the 49 years.

with the privilege of having the new option, it will give $1 million the next fiscal year, and that is payment guaranteed to the department, whether or not the 49ers exercise this option. should the 49ers' exercise this option, the new early termination option but would have to do so by january of 2014. the rent schedule in the existing lease for the 2014 season would be replaced by a new rent schedule that is contained within the alisa amendment. rather than paying a percentage of the revenue that they earn at candlestick, they would pay to ensure that the budget is made whole if they do not play in 2014. they would pay approximately

$4.3 million in guaranteed payments for 2014. some of those payments would be made in fiscal year 2013-14. some of the payments would be in fiscal year 2014-15. additionally, this lease amendment to provide a contingency in case the 49ers decide to play a portion of the 2014 season at candlestick, but not the entire season. or if also they provide notice to the city that they will not be playing in the 2014 season, and indeed got to end up playing all of the 2014 season at candlestick -- and indeed, do end up playing all the 2014 season at candlestick. if they exercise their early termination option and to play games at candlestick, they will play home game payments within

the lease and those will be based on a number of games played. if they pay one-four games, that is a $500,000 payment to the department. and that is to ensure that additional costs and revenues that we receive there are covered. if they paid five games or more, it is an additional $3 million payment to the department. and if they play any payoff games, it is $750,000 per playoff game. importantly, the city and the 49ers are embarking on a new era of this relationship. the 49ers have committed as part of this to jointly reforming a super bowl committee that would pursue bringing a super bowl to the bay area as soon as the 2016

or 2017 nfl seasons. and that san francisco would be the host for that superable, meaning all of the events, the parties, the hotel nights would be here in san francisco. that would be a tremendous benefit to our city's economy, and also goes a long way to ensuring that this city is still deeply involved with that franchise. also importantly, the 2011 lease amendment and settlement agreement -- in the 2011 settlement lease agreement, the 49ers' relinquish claims regarding the condition of the stadium. that release of claim has been enhanced here. what they did in 2011 if they agreed to maintain the studio in

as its condition. -- in as-is condition. this gives us further protection and further assurances of how we should maintain the stadium, which is a tremendous benefit to the city. and i think one of the last, but nonetheless important, benefits of this agreement is that the 49ers agree to offer all of the concession and game- day employees continued employment with the 49ers at their new stadium. these are a lot of entry-level positions, and frankly, a lot of the people from the southeast neighborhoods work at the stadium and it is very important to this department and the mayor's office that those people not lose their jobs as part of this transition. with that, i will avail myself of the could bait -- of the commission of any questions that he might have. >> maybe we should get public comment first.

rex any public comment on this item? seeing none, public comment is closed. >> commissioners? cracks i think the staff worked very hard on this and i know there were some time pressures associated with it and i think when all is said and done, i congratulate you and everybody who worked on it. i think there is some great opportunity with the 49ers going forward with the city. and i think as other of your -- there are some other opportunities that will present themselves down the road. >> i could not have said that any better, but i want to echo that and thank everybody who was involved in especially negotiation -- in this special negotiation, and the mayor's office. this is an important one.

and even though the team is not playing here, they are still the san francisco forty-niners. i think this sounds like a good opportunity and a good deal. >> commissioner? >> bear with me as i was only appointed yesterday. i was given this lease agreement just last night. i am just picking it up. as i understand it, this is just a term sheet. there's still a formal lease that is to be prepared later? >> it has been introduced at the board of supervisors and we will work to have it. should the commission approved it today, we will work to have it approved at the board of supervisors. >> this is the actual amendment? >> yes. >> the term sheet that was in there, that has already been signed. >> yes, there was a term sheet that was executed, and now you have a lease amendment that has been signed by the 49 years, but not by as.

prior to as hearing anything, it is signed by the 49 years. brecht's actually, there are two terminations. one termination requires an upfront payment of $1 million under the terms that you outlined. but they still have the second right of termination where they do not pay anything? >> the 2011 agreement had -- was structured so that there was an early termination clause within that agreement, which in that settlement and lease agreement. there is an early termination clause in the 2011 agreement. this is referred to the -- referred to as the early agreement termination the new early agreement option -- the new early termination option allows them to terminate prior to 2014 and the new one allows

them to terminate prior to 2015. >> if they blow past the new termination, they can still pick up the second. >> exactly. but regardless, if this is approved, they will owe us $1 million this next fiscal year for the right to have the new early termination. brecht's the 2011 lease amendment has an early provision that allows -- >> the 2011 lease agreement has an early provision that allows that 49ers to leave in 2015. the 2011 lease agreement expires in 2016 with early termination in 2015, i believe. >> yes. >> and there were a number of continuation options. francesca is also here to answer any legal questions. there were a series of one-year auctions pass the time we were in the negotiations in 2011 -- options past the time we ran in

the negotiations in 2011. i will not state what i think the forty-niners were thinking, but at exactly what point did we think the construction schedule was going to come into play for the santa clara stadium? there was adequate flexibility built into the forty-niner 2011 lease and there was flexibility that would allow them to leave as early as 2014. >> this early termination right, i guess, the economics, how does that compare to what the revenues would have been had they played through the 2015 season? is that favorable? rex absolutely, we think it is. -- >> absolutely, we think it is. currently they pay as percentages. in recent years, we have averaged about $5 million in gross revenue, but only $600,000

in net revenue. over the last six years. this agreement sees as netting the $1 million in the option payment, and an four $0.3 million in gross revenue. but obviously, -- and $four 0.3 million in gross revenue. but obviously, we will have options at candlestick. we will have options on home games. gregg'-- >> if they are not plag in 2014 and if they had the 49ers' on there, they already have the right to tan early termination in 2015. brecht's and what i call the super bowl klas, the fact that it might not come -- >> and what i call the super bowl clause,

that does not affect whether it comes in 2015, that does not affect the right to terminate. rex no, -- >> no, in the agreement we would form a committee to bring the super bowl to the san francisco bay area. but obviously, we're looking at the super bowl for 2016, 2017. some of these milestones would happen in advance of the formation of that committee. >> commissioner? >> i want to say a job well done. i do not think we could have gotten a better deal than this, other than keeping the 49ers here indefinitely. i am naturally disappointed that will not able to do that.

and i want to wish you a speedy recovery and i hope that sometime very soon we will see you sprinting around golden gate park. >> i hope so, too. thank you. >> si no other questions, could i entertain a motion? >> moved. >> it is seconded. all in favor? all opposed? it's carried unanimously. brecht's item eight, award of construction contract for the club house renovation project. >> good morning, commissioners. my name is paulina. i am the project manager for cabrillo playground and

clubhouse renovation. the item is a discussion and possible action to ward construction for the playground and clubhouse construction project. itit is a base bid and alternates no. 1, 2, 3, 4, 5, and six to one of the following : 2,244,000 two hundred $66 or $2,600,314 for two million

$628,314. the recreation and park department brought up this project in april of 2012. the three lowest bidders were considered to after the discount provided below. the package consisted of the basic bid and two alternates to supplement the playground. four of the alternates were implemented to substitute the club house design. the chart below, you can see the three lowest bidders. and the prices that they had for

the bass bid. and each of the alternates. the construction project was two $0.8 million, and the engineers bass bid was $2,798 ,600. the bass bid for the alternates was almost 100% of the engineers estimates. three bids received, one from the second lowest bidder, and two from the third lowest bidder. the responses were due on the 10th and then for subsequent review by the city. the three lowest bidders were reviewed for contractors qualifications.

the resolution that they be brought in was completed. and it was determined that the first-lowest bidder wasn't non responsive. and the second lowest bidder -- was not responsive. and the second lowest bidder was the lowest and most responsible bidder. it was determined that we brought this to the first lowest bidder. therefore, the bid was non responsive. and we brought it to the second lowest bidder and the bid remained responsive. with that, we have the lowest bidder to award the contract and this commendation is to award puc for the construction of the

bass bid -- base bid. a little background of the project, this is one of the project of the phase two of the two thousand eight clean and safe neighborhood bond. it is located in richmond district. the budget for the project is two $0.5 million. the plan was approved by the commission on february 17th, 2011. it will be for the restoration of the clubhouse, the new children's play area and outdoor social activities, upgrades to landscaping, and improved accessibility. the project costs were for