DECEMBER 7, 2012
SAN FRANCISCO.
Judge Susan Illston has dismissed a federal court lawsuit aimed at closing the historic, San Francisco-owned Sharp Park Golf Course.
Brought by a covey of conservation groups led by the Tucson-based Center for Biological Diversity (CBD) and the Sierra Club, the lawsuit alleged that public golf operations at Sharp Park are killing rare frogs and snakes, in violation of the federal Endangered Species Act. Wild Equity Institute, Center for Biological Diversity, et al. vs. City and County of San Francisco, et al., U.S. District Court, N.D. California, No. C11-00958 SI.
Judge Illston cited an October 2, 2012 Biological Opinion issued by the US Fish and Wildlife Service (“FWS”) that found golf at Sharp Park is “not likely to jeopardize the continued existence of the California red-legged frog or San Francisco garter snake.” The FWS issued an Incidental Take Statement, approving continued golf and related maintenance activities, subject to FWS restrictions on pesticides, golf carts, water pumping, and other practices.
“This is a common sense result,” said Chris Carr, of the Morrison and Foerster office, lawyers for co-defendant San Francisco Public Golf Alliance, which brought the motion to dismiss. “And it should lead to a period of cooperation in which San Francisco and San Mateo County can work together to restore habitat for the species, while preserving historic and popular public recreation.”
Sharp Park was created by master architect Alister MacKenzie, who built many of the world’s greatest golf courses, including Augusta National, home of the annual Masters Tournament, and the Cypress Point Club.
Long known as “the poor man’s Pebble Beach,” Sharp Park has been a Pacifica gathering place since its opening in 1932. It is the historic home of a middle-class and ethnic minority golfing clientele, and in 1955 hosted the inaugural tournament of the Western States Golf Association, one of the country’s oldest and largest African-American golfing societies. Sharp Park is designated an “historic resource” under the California Environmental Quality Act, and recognized as historic by the Pacifica General Plan, the Pacifica Historical Society, and the Cultural Landscape Foundation of Washington, D.C.
Sharp Park has been the focus of a four-year political and legal tug-of-war between advocates of public recreation and historical preservation on the one side, and the environmental groups led by CBD on the other. In December, 2011, the San Francisco Board of Supervisors passed an ordinance calling for closure and conversion of the golf course into a frog and snake sanctuary. But the ordinance was vetoed by San Francisco Mayor Ed Lee, who in his veto message called for San Francisco and San Mateo County to work together for a “balanced approach” to save public recreation at the golf course, while recovering habitat for the species.
“With this important step behind us,” said former Pacifica Mayor Julie Lancelle, “the dream of restoring the public treasure that is Sharp Park can move forward.” Golf course preservation, combined with habitat recovery, is supported by San Francisco Mayor Lee, the San Francisco Recreation and Park Commission, unanimous resolutions of the Pacifica City Council and San Mateo County Board of Supervisors, and by Congresswoman Jackie Speier.
Contact: Richard Harris: richard@erskinetulley.com
415-290-5718
Links;bo@slotelaw.com
235 Montgomery St., #400
San Francisco, CA. 94104
415-290-5718
415-393-8099
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DECEMBER 3RD MEETING POSTPONED
Good News!
On Monday, Dec. 3, the Land Use Committee of the San Francisco Board of Supervisors "Tabled " indefinitely a draft Resolution sponsored by Supervisor Christina Olague, that would have aborted the nearly-four-year-old Environmental Review process for a Rec & Park Sharp Park Plan to recover frog and snake habitat, while saving the 80-year-old Alister MacKenzie-designed 18-hole golf course. Supervisor Olague herself, with an assist from Supervisor Scott Wiener, moved to "Table" the Resolution; the motion was adopted by the Committee without objection. A video of the Land Use Committee's Dec. 3 proceedings (Sharp Park occupies the opening 4 minutes) can be found at: http://sanfrancisco.granicus.com/ViewPublisher.php?view_id=12
The Olague Resolution was supported by anti-golf groups, including the Tucson-based Center for Biological Diversity, Wild Equity Institute, and by the Sierra Club's San Francisco Bay Chapter. San Francisco Public Golf Alliance led the opposition.
Special thanks to: the several dozen Alliance members who wrote e-mails and letters to the Supervisors, opposing the Olague Resolution; and to the additional handful who personally attended and monitored the Land Use Committee meetings on Nov. 19 and Dec. 3.
Under Board of Supervisors' procedural rules, the "tabling" of draft legislation does not kill the bill; rather, it means the bill will go into a kind of legislative limbo; the legislation can be revived by any one Supervisor, calling at a meeting of the Full Board for the Land Use Committee to conduct a public hearing on the matter, on no less than 6 days' notice.
Semper Vigilans.
Save Sharp Park.
-- San Francisco Public Golf Alliance
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Below posted 11/30/12:
Dear Public Golf Alliance Members:
Please attend, Monday, Dec. 3, 1 p.m. at San Francisco City Hall, Room 250 (the Supervisors' Legislative Chamber at top of the grand staircase), the continued public hearing by the Land Use Committee on the most recent Anti-Sharp Park Golf resolution, sponsored by Supervisor Olague. Members of the Land Use Committee are: Supervisors Eric Mar, Scott Weiner and Malia Cohen.
The Olague Resolution, (see text of the Resolution in link below), would sever Sharp Park from the ongoing Natural Areas Environmental Impact Report process and require San Francisco to start over with its Sharp Park planning. What a waste! The City has better uses for its limited financial resources.
This will continue the Land Use Committee public hearing that began Nov. 19. If you haven't yet, please send an e-mail to Committee members and send us a copy; we will collect the e-mails and deliver hard copies to the Committee at the public meeting. Be certain to put your own home address and phone number on your e-mail comment. See a draft of such an e-mail, below. But use your own words.
RSVP: Please let us know if you will be able to attend: info@sfpublicgolf.com - We will meet you outside the Supervisors' chambers at 12:40 p.m. Circulate this to your friends and bring 2 friends to the hearing. Save Sharp Park!
Thank you.
San Francisco Public Golf Alliance
Richard Harris
For more information, including text of the Olague Resolution, see:
Sample E-Mail to copy & paste below:
To: San Francisco Board of Supervisors
Land Use and Economic Development Committee alisa.miller@sfgov.org
Supervisor Eric Mar Eric.L.Mar@sfgov.org
Supervisor Scott Weiner scott.wiener@sfgov.org
Supervisor Malia Cohen malia.cohen@sfgov.org
Re: Please Vote No on Resolution to Sever Sharp Park from the Natural Areas EIR
File No. 120619
Land Use Committee Hearing December 3, 2012
Dear Supervisors,
I support the San Francisco Rec & Park Department's plan to save the historic and popular Sharp Park Golf Course, while at the same time protecting the environment by recovering frog and snake habitat in the golf course's wetlands.
I urge you to vote "No" on the Sharp Park resolution, File No. 120619, which would require the City's Rec & Park and Planning Departments to start over on the Environmental Review process for the City's Sharp Park plan. This would mean a colossal waste of more than 4 years of public time, money, and effort that has gone into the Sharp Park plan. We cannot afford such public waste.
For these reasons, I respectfully request your "No" vote on File No. 120619.
Yours truly,
[your name, address, phone number, and e-mail address]
cc: Mayor Ed Lee ed.lee@sfgov.org
President of the Board David Chiu david.chiu@sfgov.org
Supervisor Sean Elsbernd sean.elsbernd@sfgov.org
Clerk of the Board of Supervisors angela.calvillo@sfgov.org
