By Thomas K. Pendergast

A resolution approving up to $1.85 million for repairs to the Trocadero Clubhouse in Stern Grove was approved by the San Francisco Board of Supervisors, although District 1 Supervisor Connie Chan criticized the San Francisco Recreation and Park Department for bungling the emergency bailout.

During an overnight winter storm on March 11, an 85-foot-tall eucalyptus tree adjacent to the clubhouse fell into and through the building, severely damaging the second story and creating water damage.

Built in 1892 as a roadhouse and inn under the direction of George W. Green, the official city landmark is one of the earliest buildings in the Parkside area and one of the only extant 19th-century structures remaining in southwestern San Francisco.

The building is also architecturally significant as an excellent and well-preserved example of Stick-Eastlake architectural style.

A Nov. 1 report by the SF Budget and Legislative Analyst (BLA) said the department is working with Architectural Resources Group Conservation Services (ARG) on preparing a bid to award a contract for repairs later that month. The department did not, however, use a competitive bidding process because of the timelines required for FEMA reimbursement.

The BLA notes that although ARG has already completed design drawings required to meet U.S. Department of the Interior standards for historic buildings, and approvals have been received by the Historic Preservation Division of the SF Planning Department, along with the Department of Building Inspection, the project must be completed by Oct. 3, 2024, to meet FEMA reimbursement deadlines.

To date, the BLA report says, the department has incurred $20,043 in costs for ARG design work, which is not included in the $1.85 million estimate and not eligible for FEMA reimbursement.

“Through the evaluation, we identified the fact that the San Francisco Recreation and Park Department did not comply nor did not follow through the entire Administrative Code Section 6.6 to submit the resolution within 60 days of the declaration of emergency, which creates a problem or problematic issues for the committee to consider this as an emergency declaration,” Chan told the board on Nov. 7. “As you know, it also means that it’s really allowing the department to go about these types of repairs with sole-source contracts, without competitive bidding.

“But it is a commitment from the department that they will now, within 30 days of approval of these two declarations, submit a change to their protocol to be able to rectify and correct to make sure that this doesn’t happen again, that they will submit a resolution within 60 days of the declaration of emergency,” she said.

“It is also my intent that we will continue to work with the city attorney and figure out ways to potentially make amendments to Administrative Code Section 6.6 to really codify the not-to-exceed amount and to really figure out a way to enforce the 60-days submission,” Chan said.

This was also included in the BLA report, which stated, “as the Public Works Department did in May 2023, we recommend that the Recreation and Park Department establish a written procedure for emergency declarations that includes the following elements: establish a project manager to oversee each emergency project; obtain an independent project cost estimate by a qualified technical expert; attempt to solicit quotes from at least three qualified bidders; work with the Contract Monitoring Division to ensure that Local Business Enterprises are aware of opportunities; post resulting emergency declarations and selected contractors on the Recreation and Park website; adhere to the notification and approval timelines from the appropriate oversight bodies within the timelines established in Administrative Code Section 6.60; and include emergency work cost estimates in its resolutions seeking Board of Supervisors approval of emergencies.

“The Recreation and Park Department should establish this procedure within 30 days and provide a copy of the procedure to the Board of Supervisors,” The BLA report said. “Our office has always understood that the cost estimates of emergency work included in resolutions approving emergencies limit the amount of emergency contracting authority. This is to avoid, for example, a department obtaining Board approval for $1 million of emergency contracting authority but then spending $5 million on such work.

“In 2021, the Public Utilities Commission obtained Board approval of a resolution declaring an emergency at Stern Grove, which included a $4 million cost estimate but then in 2022 sought Board approval to increase the emergency authority to $20 million after an updated damage assessment.

“Similarly, in September 2023, the Board, Public Works and Public Health agreed to add a not-to-exceed amount and list of projects on Public Works’ emergency declaration related to Laguna Honda, which we recommended as a way to limit the emergency contract authority of that request.

“Rec. and Park General Manager Ginsburg’s emergency declaration for Stern Grove repairs was revised to increase the estimated amount from $850,000 to $3 million.”

The BLA report also discussed the desire to change the relevant code section that Chan mentioned to the Board.

“The City Attorney’s Office recently communicated to our office a different interpretation of the scope of the Board of Supervisors’ approval of emergency declarations pursuant to Administrative Code Section 6.60, which is that the cost estimates of such emergency declarations are not binding,” the report said.

“We do not believe this is good public policy and a significant departure from past practice that reduces the Board of Supervisors’ historical oversight authority. We recommend that the Board of Supervisors amend Administrative Code Section 6.60 to clarify that the Board’s approval of emergency declarations may limit the scope of the emergency contracting authority.”