Date: August 13, 2012

To: From: Re: Recreation and Park Commission Dennis Kern, Director of Operations Dana Ketcham, Manager of Permits and Reservations Appeal by D1 Premier Soccer League for Athletic Field Allocations Date: August 13, 2012 Agenda Item: Discussion and possible action to affirm, reverse, or modify the denial of a permit application filed by Kathleen McConnell on behalf of D1 Premier Soccer League for athletic field allocations from September 1 through November 30, 2012 on Monday, Tuesday and Thursday evenings. Introduction The Department does not have enough athletic fields for everyone who wants to play. To balance the high demand for and short supply of athletics fields with the desires of residents and organized leagues, the Commission authorized Department staff to adopt an Athletic Fields Allocation Policy setting priorities for field allocation. Under that Policy (attached as Exhibit A), the Department may consider allocating field space to new athletic leagues only if (1) the new league serves a need that is not already served by other existing programs, and (2) there is adequate field space or the Department can cut another program. The Department denied D1 Premier Sports League ("D1")'s application for advance reservation permits to use athletic fields on Monday, Tuesday and Thursday nights in the Fall of 2012 along with all of the other applications the Department received for new weeknight soccer leagues for Fall 2012 because D1 satisfied neither of these requirements: (1) there are already two other adult soccer leagues providing weeknight games on RPD fields, and (2) the Department does not have fields available on all of the nights that D1 requested because the fields are either already allocated to existing leagues or held for "First Come, First Served" permits. Indeed, if RPD were to allow D1 to occupy all of the fields it requested, it would have to cut existing programming and/or reduce the number of "First Come First Serve" permits available to the public. Therefore, the Department properly denied D1's application based on the following subsections of Section 7.07 of the Park Code: Sec. 7.07(a) ("A prior application for a permit to use the same location at the same time has been received and such application has been or will be approved authorizing an activity which does not reasonably permit multiple occupancy of the area."); Sec. 7.07(b) ("The proposed activity would conflict with a previously planned program sponsored by the Recreation and Park Department or Commission and scheduled for the same location as that requested by the

applicant"); Sec. 7.07(e)(3) ("other activities have been scheduled in an area or areas near the location proposed by the applicant, or they normally occur in such area or areas, and permitting the proposed activity to occur in the proposed location would unreasonably interfere with park use and enjoyment by participants in such activities"). Accordingly, the Department respectfully requests that the Commission affirm the Department's denial of D1's application. Background Athletic Field Permitting Process and Priorities: Ways to Obtain Athletic Field Permits: The Department offers two types of permits for athletic fields : o First Come First Serve (also known as "walk-up permits"): Available on a weekly basis (starting 10 days in advance) for use of athletic fields, with priority given to San Francisco residents. Each resident my purchase up to 4 hours per month of fields. o Advance Reservations: Available to organized leagues and programs to supplement the Department s recreational programming. Because RPD has the resources to offer only a very limited number of its own leagues and programs, RPD established guidelines for allowing leagues and programs to book in advance of the First Come First Serve system. RPD reserves a certain number of fields each quarter for this purpose, while the remaining fields are kept available to the public on the First Come First Serve basis This allows us to offer a variety of options to our residents covering different sports and interests. This allows us to expand our recreational programming beyond just the leagues that RPD can directly offer Advance Permits for Leagues and programs are different from first come first serve permits because leagues and programs are charging people who choose to participate in their programs. We have over 50 different leagues and programs receiving Advance Permits for our athletic fields including: 4 Different Youth Soccer Leagues: Viking, PAL, Mission and CYO 5 Different Youth Softball/Baseball leagues including SFYBL, Parish. Little League, Optimists and Junior Giants School Leagues playing on weekdays between 3:30 and 6:30. Multiple Adult Soccer Leagues playing on full size fields each playing different days or serving different groups including SF Soccer Football League (Sundays), Papy Soccer League (Saturdays), Fraternidad Soccer League (Sundays in the southern part of the city only), Golden Gate Women s Soccer League (serving women), Co-ed Soccer League (co-ed more recreational play on weekends and some evenings) 2

Multiple Adult Softball Leagues including SF Muni Softball, Gay Softball League, Architects League, Lawyers League and UCSF League Two Adult Baseball Leagues: Bay Area Men s Senior Baseball and NABA. Adult Leagues offering weeknight play on half pitches: Sports 4 Good and Norcal (historically) and when Norcal was suspended it was replaced by I Play SF. We had another league for about 2 years that was based out of South Sunset originally but it folded. A Variety of other youth and adult leagues including Ultimate Frisbee, Lacrosse, Cricket, Flag Football, Touch Rugby and pick up soccer leagues Department Policy For Allocation of Advance Reservation Field Permits o In 2007, the Commission authorized the Department to adopt a Field Allocation Policy, which includes standards for new programs and leagues. Since that time, the Policy has been revised in 2009 and 2010. The most recent version is attached hereto as Exhibit A. o The Department adopted the Policy to address field shortages, the lack of policies and procedures governing field allocation, and a lack of transparency in field allocations. o Process for Development of the Policy: The Policy was developed based on surveys conducted in 2006 and 2007, and extensive community outreach. Between 2007 and 2009, over 15 meetings were held with the public, and reports were provided to the Recreation and Park Commission In February 2010, a revised policy was presented at a public joint meeting of the San Francisco Unified School District Board and the Board of Supervisors o The Field Allocation Policy Includes the following relevant features: : Quarterly deadlines for Advance Permit field requests Centralized system so all requests can be reviewed together and fields can be allocated to all leagues once per season, including reserving fields for public use Standards for field allocation priority, including requests for new programs and leagues Policy for New Programs (including Leagues) Because of the shortage of athletic fields, and the Department's desire to maintain a certain number of fields open for First Come First Serve permits, there are a limited number of Advance Reservations Permits available for existing leagues, and the Department cannot 3

accommodate all new leagues seeking space. Because these advance permit programs charge the public for participation in the leagues (rather than obtaining the permits for personal use), the Department has an interest in monitoring these programs as a supplement to its own recreation programming. Under the Policy, the Department may consider new leagues and programs for advance permits only if two conditions are met: (1) the program serves a need not served by other programs, and (2) there is adequate field space or RPD can cut another program. Examples of New Leagues/Programs Accepted/Denied: Bay Area Scores (program offering soccer and literacy to public school kids)- Accommodated Proposed new competitive baseball league - Denied because we already have 3 such leagues Girls softball Accommodated in the spring because it is a new sport and have availability Touch Rugby Accommodate during certain seasons because it is a new sport, but based on availability Cricket Recently approved because it is a new sport and there is availability. Saturday Night Soccer League a new night for soccer, and there is capacity Pick Up Soccer accommodated as it as a new way of allowing participants to play (they don t have to commit to a team and playing every week) and there is availability Sunday Spanish speaking soccer league based in the south east part of the City- accommodated as it serves a different demographic group and there was capacity at the field (Youngblood Coleman) With respect to the new requests that we have been able to accommodate, we still need adequate space or we will need to cut another program. We have been fortunate to have additional fields due to the City Fields program or through more efficient allocation of fields of our existing programs so that we have 4

accommodated these new requests Reasons for Limitations on New Programs: The limitations on new programs are due not only to the limitations on fields but also due to the Department s desire to offer through these programs quality and stable recreational programs to the public. Factors include: Developing new programs takes considerable investment in training, equipment and insurance by the organizer, as well as appropriate care for our fields Often the requests for new programs are due to a falling out between individuals running a program, and we encourage the program to resolve their differences Examples have included: Leagues that have followed our rules on no alcohol and strictly restricted alcohol use teams that have not wanted to follow the rule seek to form their own leagues Issues between youth soccer leagues about offering more competitive travel teams, and including more nonresidents Is the proposed new program truly offering a different opportunity to a new group of players or will its formation undermine an existing program in good standing? When programs fail, players end up signing up for a program that does not offer what they anticipated. In addition, if a program fails, it may not pay permit fees. New programs start slowly i.e., one or two days per week -- as they must demonstrate their ability to operate a program that meets all required rules. Background: April 2012 Suspension of Norcal Athletic League In April 2012, RPD suspended Norcal Athletics, which was operated by Paul Heuberger, from receiving advance Athletic field permits on weeknights for a minimum of one year. Norcal's weeknight allocations had included Monday, Tuesdays and Thursdays serving multiple teams. Norcal appealed this suspension, and the Commission denied the appeal at its April 19, 2012 hearing. 5

Since Norcal had occupied a large number of fields and served many teams and playersat the time of its suspension, RPD stated in emails to Norcal, and in the Norcal appeal presentation to the Commission, its commitment to ensuring that the community would continue to be served during Norcal's suspension: In order to ensure that the public is not inconvenienced, our Department or another organization will start up a league offering dates, times and locations that you have offered in the past. We hope that you will work with us to make this a seamless transition by communicating to your participant teams how and where they can sign up. We also hope to be able to allow your referees to continue to work and that you will refer them to us so that we can employ them. Norcal was told that in one year Norcal can apply to be reinstated to receive fields based on availability. However, there is no guarantee that you will receive allocations similar to the past. In reviewing your application, we will look at a number of factors including have you cooperated with us in providing a seamless transition for the public? The Department will determine who will take over your weeknight league (either RPD through our city-run league or another entity that we choose). Norcal will not have a voice in this determination. In addition, you must fully cooperate with the Department and communicate with the teams about where they can sign-up. Accordingly, following Norcal's suspension, RPD explored alternatives for ensuring that persons who had been playing in the Norcal league would continue to be served. Prior to Norcal s suspension, there were two leagues the Department had approved for Advance Permits for weeknight adult soccer programming: Norcal and Sports 4 Good. Although we initially considered Sports 4 Good, following the appeal hearing, we received numerous emails urging us not to choose Sports 4 Good. The Department determined that it would be appropriate to consider another league to maintain competition. We received inquiries from two other organizations regarding the time slots that had been allotted to Norcal: (1) Rich Fern on behalf of the San Francisco Referee Association, and (2) Robb Cann on behalf of I Play SF (an affiliate of Street Soccer USA). We asked each to submit a written business plan and provide website and registration options. After reviewing both proposals, the Department selected I Play SF, because its business plan was most complete, it had established experience of affiliated leagues run by Street Soccer USA out of New York, and it was ready to commence in the Summer of 2012. 6

On May 8, 2012, we notified Paul Heuberger at Norcal that the Department had selected I Play SF and requested that he notify his teams of the new options, which was a condition of his possible reinstatement after his one year suspension. Robb Cann of I Play SF informed me by telephone that Paul immediately contacted him and offered to run the new league from behind the scenes. Robb explained that it was not possible because of Norcal s suspension. To our knowledge, Norcal never notified its players of the I Play SF alternative. On May 21, 2012, Robb Cann was scheduling a meeting with prospective teams and players for I Play SF, and he received the following email from Kathleen McConnell, appellant in this appeal: I wanted to let you know that I'm planning to stop by your information session on the 30th. I also wanted to let you know that I hear that there's a chance that I Play for SF may be working with Paul Heuberger. Paul's really done an excellent job running the NorCal organization for many years. He's extremely responsive and runs really quality leagues. As a captain, I would definitely be more inclined to switch my team over to I Play for SF if Paul is involved. The Department has allocated to I Play SF fields for Fall 2012 in equivalent numbers to the Norcal allocations on Monday, Tuesday and Thursday evenings. Our goal in the wake of the Norcal suspension has been to ensure that the public continues to have access to quality recreational programs. Starting with the Summer 2012 season (the first season that I Play for SF was allocated fields), I Play for SF has invested considerable time and resources into building a new league including investing in soccer goals, insurance, team meetings, a new website and advertising. It has been slower than anticipated over the summer due to difficulty in reaching teams and the fact that Norcal continued to run its league over the summer using SFUSD fields with no lights and operating with 3 teams playing at the same time on smaller fields between 6:30 and dark. Due to increasing darkness, this will no longer be possible in the fall. Analysis of Fall 2012 Field Allocations Per the Department's Policy, the Department assigns field allocations to leagues on a quarterly basis. In May 2012, RPD received a record number of applications for new weeknight small sided soccer leagues for Fall 2012 from applicants including D1 Premier Sports League, the San Francisco Soccer Referee Association, Coed Soccer League (asking to expand their league offerings to weeknights), Internorte (a newly formed league by the organizers of Fraternidad), and United Premier, a newly formed league. 7

We reviewed all of the applications that we received for new weeknight soccer leagues, as well as our existing advance bookings of weeknight fields. The following chart shows the number of fields allocated to soccer (including I Play SF and Sports 4 Good), flag football leagues and ultimate Frisbee leagues (flag football and ultimate Frisbee use the same size of field) each weeknight in Fall of 2011 and 2012 1 : Fall 1/2 Pitch Allocations 2011 Allocations 2012 Allocations Mondays 7 7 Tuesdays 9 10 includes additional field for new pick up league Wednesdays 4 5 additional field for new women's league- Sport 4 Good- started in spring Thursdays 10 9 does not include 1 field held for possible I Play Growth The remaining fields are available on a first come first serve basis for individual teams and groups at our Walk Up Window. There are 22 ½ pitch fields available total each night (Crocker -10, Silver-2, Franklin-2, Kimbell-3, Youngblood -2, Garfield-1, Mission Rec- 1). Tuesday, Wednesday and Thursday nights are particularly popular with the walk up window. The increase in allocations on Tuesdays is offset by the new field at Mission Rec. The increase in allocations on Wednesdays is for a women s program and our Wednesday advance allocations are already relatively low. In reviewing the walk up window use in Fall 2011, we found that there were regular unsold time slots on Mondays evenings at Crocker, each night from 9 pm to 10 pm, and at Youngblood Coleman on Thursday nights. These time slots are available for advance permit reservations for new types of programs. If D1 is interested in these slots, the Department would be happy to discuss with them how they might revise their proposal to meet our requirements. After our review of the fields allocated to our existing leagues and the fields remaining forfirst Come, First Serve public use, we denied all of the applicants for new weeknight soccer leagues together. 2 In our email we stated that the reason that we denied their applications was that we already had two existing soccer leagues in the City offering similar programs and that we did not see a difference between those programs and their program. At the end of the email we told those leagues If you believe that your 1 The Champions Soccer League was a South Sunset based league that started about 2 years ago and then moved to Crocker. In fall 2011, it had one field on Tuesday and one field on Thursday. It failed in late 2011. Their allocations were replaced by increased allocations each of those nights to Sports 4 Good based on increased demand for their programs. 2 For Fall 2012, we received an application for a new pick up soccer program where individual players can sign up for a designated pick up play time on their smart phone. We approved this new type of program one night a week on a trial basis. It is not team based and different than our existing leagues. We have one other pick up program but it uses a different approach. We allocated the Mission Playground field which had newly opened. 8

league offers something truly different than our existing organizations, please let me know and I am happy to meet with you to discuss that or if you have any questions. Following our email, we received emails back from two groups, United Premier and D1. Neither organization demonstrated that they were offering a new program that was distinct from the programs offered by the existing leagues. Application from Kathleen McConnell on Behalf of D1 Premier Sports League Kathleen McConnell submitted an application on behalf of D1 Premier Sports League, a new applicant, for the following time slots for the Fall of 2012: Division Teams Division Day of Week: Start Time: End Time Time: Complex Requested Area Alternative Field if First Choice Not Available Thursday Co-ed 12 Thursday Co-ed Thursday 7:00 pm 10:00 pm Franklin Sq 2 1/2 pitches Kimbell, Crocker, Silver Thursday Coed 14 Thursday Coed Thursday 6:30 pm 10:00 pm Franklin Sq 2 1/2 pitches Kimbell, Crocker Men's League 8 Men's League Tuesday 7:00 pm 10:00 pm Kimball 1 1/2 pitch Franklin, Crocker Tuesday League 14 Tuesday League Tuesday 6:30 pm 10:00 pm Crocker Complex 2 or 4 1/2 pitches Kimball, Franklin Monday Soccer 16 Monday Soccer Monday 7:00 pm 10:00 pm Crocker Complex 2 1/2 pitches no preference Monday Soccer 16 Monday Soccer Monday 6:30 pm 10:00 pm Franklin Sq Franklin Franklin The application mirrored the field allocations that had previously been assigned to Norcal in Spring 2012 prior to Norcal s suspension and are now assigned to I Play SF. We carefully reviewed Ms. McConnell s application and D1 s website to determine if it met the Department s Policy for a new weeknight soccer league. It did not: (1) it was not offering a new program in fact it mirrored weeknight leagues that were already offered, and (2) it conflicted with existing field allocations. We denied the application, as we did all of the other applications for new leagues. Appeal by D1 Premier Sports League The appeal by D1 Premier fails to demonstrate why D1 satisfies the standards required for a new league to be allocated fields under the Department s Policy. It is a mirror image of the time slots currently allotted to I Play SF league (and formerly allotted to Norcal League). In Ms. McConnell s letters she indicates that We have a limited amount of time to commit to sports activities and would prefer not to be forced to deal with a new entity that may or may not provide league play at a level that is suitable for our needs. After the effort that it took to find a league level and night that was suitable for our team and the teams that we are friendly with, we are not excited at the 9

thought of having to start that process over from scratch. Our group is a tight knit community of players that would like to stick together and start our own player run league in order to ensure that our needs are met, given that our preferred league has been eliminated as an option. The fields that Ms. McConnell has applied for are not for a small group of teams but rather 60 teams, many of which are teams that previously played under Norcal. She rejects I Play SF due to her concerns with dealing with a new entity, but she has not demonstrated that she has skills or background in running a league or the financial resources to cover the costs of running her proposed league. The up front payment required for the fields she applied for exceeds $20,000, plus there are costs for insurance and purchasing goals. The Department notes that although Ms. McConnell's appeal states that she is acting on behalf of Patrick McPhillips, he was not listed as an applicant on the permit application. Our application asks for two contacts for a league. Ms. McConnell was listed as one contact and Steve Costello is listed as the second contact. Since the appeal, we have examined the D1 Website history and learned that the Domain name belongs to the San Francisco Soccer Referee Association, which was the other applicant to take over the Norcal allocations. We urge Ms. McConnell that if her players want to help form a league, they could offer to help I Play SF be a success. The proceeds from the program will help to benefit Street Soccer USA which is a program dedicated to encouraging those without resources to become involved in soccer as a way of turning around their life. As described above, the Department properly denied D1's application based on the following subsections of Section 7.07: Sec. 7.07(a) ("A prior application for a permit to use the same location at the same time has been received and such application has been or will be approved authorizing an activity which does not reasonably permit multiple occupancy of the area."); Sec. 7.07(b) ("The proposed activity would conflict with a previously planned program sponsored by the Recreation and Park Department or Commission and scheduled for the same location as that requested by the applicant"); Sec. 7.07(e)(3) ("other activities have been scheduled in an area or areas near the location proposed by the applicant, or they normally occur in such area or areas, and permitting the proposed activity to occur in the proposed location would unreasonably interfere with park use and enjoyment by participants in such activities"). Accordingly, the Department respectfully requests that the Commission affirm the Department's denial of D1's application. STAFF RECOMMENDATION: Denial of the appeal 10

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Exhibit A Department Policy on Field Allocations After School Allocations Most Congested Time Priorities: 1. School Game Fields a. Allow SFUSD teams to have games close to their schools provided fields used efficiently 2. Shared Priority a. School Team Practices (limited to one Middle School team and one High School team per School) i. Received 2 practice slots per week b. SFRPD Neighborhood Programs serving kids in neighborhoods 3. Other Programs and Teams a. Focus on providing space to groups serving neighborhood kids b. Balance: Some neighborhoods don t have any or have relatively few fields c. Two Practices per week: Limited to older teams and teams developing for high level of competitive play Weekend and Weekday Evening Allocations All requests were looked at together to ensure efficient use of fields Open play time set in advance One game per week for every 2 teams. Byes request will result in few games Exception: If overall number of games across all teams in a league do not result in more than one game for every 2 teams No rainout make ups Permitted time balanced between adults and kids and different sports Approved Public Benefit programs receive priority Demonstrating serve SF Residents Youth Leagues and Practices (no permit fee) All games on weekends except for youth baseball twilight games All practices on weekdays subject to limitations above. Hours are 3:30 to 6:30 (extended to 7 pm at sites with school games 3:30 to 5:30-amended Sept 2010 by staff policy change) Designated practice times based on age New Programs and Leagues New programs can only be considered if both conditions are met: 1. They serve a need not served by other programs 12

Example: If someone wanted to start a new adult women s soccer league, that would not be considered as we have one Example: Offer a flag football program new Example: Girls softball we are trying to grow this 2. Adequate space or we can cut another program Generally there is only space at off times (Mon/Fri evenings) or off Locations (usually fields in poor condition) Travel Soccer Teams Subject to separate limitations due to imbalance in scheduling Continued modification 13