HANC Blog

City Dismisses Recycling Center Eviction; Rec & Park Issues New Notice Of Lease Termination

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On May 26, the eviction lawsuit against the Recycling Center was voluntarily dismissed by the City and County of San Francisco and the Recreation and Parks Department.  Our position, since we first received notice to vacate the premises in December, 2010, has been that the notice was premature.  Through the operation of law, our original five-year lease became an annual lease, and our right to remain on the premises extended well beyond the date we were told we needed to leave.  Although Rec & Park claims to still disagree with our position, we believe that the eviction was dismissed because the City Attorney’s office recognized that our position would likely prevail at trial.

The new notice terminates our lease on June 30, 2011.  The notice includes this sentence:  “As we have repeatedly stated, without waiving any rights the City has, we hope to have HANC’s input and cooperation as we transition to a community garden or other use consistent with the Golden Gate Park Master Plan, and are willing to discuss possible HANC involvement in any new use.”

We have been having discussions with Rec & Park about how HANC, with our gardening and recycling experience, can help transform the site while retaining vital recycling services for the surrounding neighborhood and for Golden Gate Park.

We will keep you updated on further developments.  Meantime, we are still open.  Please stop by our Recycling Center and Native Plant Nursery at 780 Frederick (next to Kezar Stadium).

HANC Recycling Center and Native Plant Nursery Is Still Open

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Despite attempts to evict us, HANC's Recycling Center and Native Plant Nursery remains open.  Come visit us at 780 Frederick Street (at Arguello), Monday through Saturday, 9:00 a.m. to 4:00 p.m., and Sunday, noon to 4.

Here is a brief history of the attempt to evict us:

Last November, the Recreation and Park Department announced its plans to convert the Recycling Center to a Community Garden.  HANC supports community gardens, but the Recycling Center site is far from ideal for a community garden.  There inadequate sunlight, as the site is shaded by trees, and the soil is likely toxic from the site's prior use as a train depot. 

In December, although public comment supported keeping the Recycling Center at its present site, the Recreation and Park Commission voted to support the plan to replace our Recycling Center with a community garden.  We were served with a notice to vacate the premises within 90 days.  Our attoney examined our lease with the City and determined that under California law, our lease had become a year-to-year lease, and that we have the right to remain until the end of the annual lease.

Despite being informed of our right to remain at the Recycling Center site, the Rec and Park Department filed an unlawful detainer (eviction) lawsuit against us in March.  Our attorney has filed motions challenging procedural inadequacies by the Rec and Park Department and by the City Attorney, but judge hearing the motions has not dismissed the lawsuit.

The eviction is proceeding toward trial, but as of late May, no trial date has been set.  We believe that if the case proceeds to trial, we are likely to prevail.

While the trial is pending, we are also planning for the future of the Recycling Center and Native Plant Nursery and discussing possibilities with individuals and entitites within the City.

Meantime, we continue to operate as we have been doing, so please stop by.

Board Of Supervisors Votes To Support Recycling Center

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Board Calls for Rec and Park To Act In Good Faith In Negotiations With HANC

The Board of Suoervisors on Tuesday, March 8th voted 6 to 5 to support a resolution by Supervisor Mirkarimi calling on the Mayor and the Rec and Park Department to act in good faith and work with HANC to keep the Recycling Centers services available.

The resolution requests that the RPD and the Department of the Environment collaborate to establish a comprehensive Parks recycling program utilizing the expertise, volunteer base, and the facilities of the HANC Recycling Center in Golden Gate Park, for the Department of the Environment to establish an independent Recycling Center Master Plan, and requesting the RPD to work in good faith with the HANC Recycling Center.

Here is a link to a news stories about the vote.

http://www.baycitizen.org/environment/story/supes-sf-save-haight-recycling/

We are asking our supporters to continue to contact the Mayor's office and let him know that the neighborhood and the City wants the HANC Recycling Cenetr to continue.

  This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Save The HANC Recycling Center and Native Plant Nursery

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Next Steps....
City Operations and Neighborhood Services Hearing
Monday, February 28, 10:00 AM
City Hall

We want to thank the hundreds of supporters who turned out for the hearing on February 14th. Over 50 of you spoke eloquently and heartfully (it was Valentine's Day after all) about why the Recycling Center and Native Plant Nursery is an important neighborhood resource and should not be evicted. Supervisor Ross Mirkarimi, who called for the hearing, did an outstanding job of questioning the representatives from the Rec and Park Department and the Department of the Environment. Through his questions it became painfully apparent that neither department has thought through or made workable plans to address the recycling needs of local neighbors and business, or of Golden Gate Park for that matter, if the Center is closed. Additionally, the financial benefits that would be lost to the City and residents ($1.5 million) in this cash strapped time were spelled out.

Following the hearing Supervisor Mirkarimi introduced a resolution to the Board of Supervisors (see below). The Board referred it back to the City Operations and Neighborhood Services committee who will hold a hearing on it on Monday, Feb 28 at 10 am. We believe that committee will recommend that the full Board pass it when it goes to them on Tuesday, March 1.

We are asking our supporters to attend the February 28, 2011 meeting. This will be your last chance to testify about the Center and Supervisor Mikarimi's resolution. Once it goes to the Board for a final vote there will be no additional public comment. If you are not able to make the hearing please contact the Board of Supervisors and the Mayors office voicing your support.

You can send emails to: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

The Mayors Office: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Or to individual Supervisors at:

Supervisor Mark Farrell: This e-mail address is being protected from spambots. You need JavaScript enabled to view it 544-7752
Supervisor David Campos: David.Campos@sfgov.org554-5144
Supervisor Ross Mirkarimi: Ross.Mirkarimi@sfgov.org554-7630
Supervisor Sean Elsbernd: This e-mail address is being protected from spambots. You need JavaScript enabled to view it 554-6516
Supervisor Scott Wiener: This e-mail address is being protected from spambots. You need JavaScript enabled to view it 554-6968
Supervisor Jane Kim: This e-mail address is being protected from spambots. You need JavaScript enabled to view it 554-7970
Supervisor Malia Cohen: This e-mail address is being protected from spambots. You need JavaScript enabled to view it 554-7670
Supervisor Eric Mar: Eric.L.Mar@sfgov.org554-7410
Supervisor David Chiu: David.Chiu@sfgov.org554-7450
Supervisor John Avalos: This e-mail address is being protected from spambots. You need JavaScript enabled to view it 554-6975
Supervisor Carmen Chu: Carmen.Chu@sfgov.org554-7460

 

Draft Resolution Callings for the Creation of A Neighborhood Planning Process for the Creation of a Golden Gate Park Recycling Center, Native Plant Garden and Neighborhood Buy Back and Recycling Center.

WHEREAS, Objective One, Policy I of the Golden Gate Park Master Plan Objectives and Policies calls upon the Haight Ashbury Neighborhood Council (HANC) Recycling Center " to increase its benefits to the Park" by focusing "on the recycling needs of Golden Gate Park and the immediate neighborhoods" and no where calls for the removal of the HANC Recycling Center; and,

WHEREAS, the HANC Recycling Center has, over the last decade paid for, at no expense to the City and County of San Francisco, the development of a Native Plants Nursery, which is the principle supplier of native plants to various parks and open spaces maintained by the Recreation and Parks Department; and,

WHEREAS, since 2004, at the City's request, the HANC Recycling Center has been the fiscal agent and interim funder for the Garden for the Environment at 7th and Lawton in the Inner Sunset and has assisted, at no charge to the City, in providing both native plants and cardboard for various community gardens projects throughout San Francisco showing that recycling and gardening are mutually supportable; and,

WHEREAS, according to Mayor Newsom's Press Office, between 2007 and 2010 homeless San Franciscans camping in Golden Gate Park declined from 300 to 25 during a period of full operation of the Recycling Center, thus showing no relationship between the existence of the Center and the number of campers in the Park, contrary to the Mayor's, RPD staff's and Commissioner's charges; and,

WHEREAS, AB 2020, The California Recycling and Litter Reduction Act of 1986 ( the" Bottle Bill") requires the City to provide easy access to residents to redeem recyclables a requirement not met by curbside-pick up; and,

WHEREAS, the issuance of an eviction notice to the HANC Recycling Center by the RPD, and the approval of a concept to create a gated and limited public access "garden" at 780 Frederick Street by the RPD on December 2nd, 2010 was done without regard to the polices of the Department and Commission as outlined in the "Recreation and Park Outreach Policy" and the" Community Garden Policy" and was done without consultation with or information from either the "Kezar Citizens Advisory Committee" (charged by Commission resolution with advising on changes in Kezar Stadium operations) or the "Parks Recreation and Open Space Advisory Committee (PROSAC)" (charged by the Parks Code with advising, in writing, on all changes of park operations); and,

WHEREAS, the RPD has refused to adopt a Golden Gate Park recycling program for itself , causing public expense to clean up and attracting "gleaning" opportunities for the un-recycled redeemables left in the Park which have been the source of constant complaint by neighbors of the Park;

THEREFORE BE IT RESOLVED, that the Board of Supervisors calls upon the Mayor to direct the General Manager of the RPD to begin a planning process involving the HANC Recycling Center and neighbors of the Park, aimed at devising a comprehensive Golden Gate Park recycling program, native plant nursery, and neighborhood serving buy-back and drop-off center which meets the clear intent of the Golden Gate Park Master Plan to be placed before the Recreation and Park Commission for public hearing and action, and,

BE IT FURTHER RESOLVED , that the eviction of the HANC Recycling Center from 780 Stanyan be rescinded.

Park Branch Library Re-opening, February 26, 1:00pm

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After a year of being closed for renovations, the Park Branch Library (1833 Page, between Cole and Shrader) will reopen. Reopening ceremonies begin at 1:00 p.m. on February 26, and have been planned to include Library, City, and State officials, as well as lion dancers, musicians, and circus performers. Library services are scheduled to resume at 2:00 p.m. on February 26.

The Park Branch Library, which opened in 1909, is the oldest operating branch library in San Francisco. The renovation includes a new teen area, more computers, two new restrooms, improvements to the community room, a reconfigured children's area, new shelves, new energy-efficient lighting and heating, and improved electrical and ventilation systems.

Come join your HANC neighbors and celebrate the reopening of this valuable neighborhood resource.


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