>> [roll call] we have three commissioners on the way. >> please of the item 12 is going to be moved ahead of vital 11 because we have a larger crowd on item 12 and i don't want to have to put them -- in the interest of fairness, they won't have to sit through the last item in order to get to theirs. it will be moved in front of item 11. >> [inaudible] >> we will try to give everybody

an opportunity to speak. let me make a couple of other announcements. electronic devices are prohibited at this point. the chair may order the removal of any persons responsible for the use of cellphone, pagers, or other electronic devices. in order to facilitate an orderly meeting, each person -- or we will start with two minutes. if this goes into the late night, on the one item, we can change it. we will start with two minutes. we can change it item by item and you will get a chance to say your peace. margaret? >> we need everyone to take a

seat. if there are not seats available, we have an overflow room. we have to have you go down there. as we cannot have anyone standing. one more announcement. as a reminder, address your comments to the commission. in order to allow equal time, neither the commission or staff will respond to any questions during public comment. the commission may ask questions of staff after public comment is closed. again ha -- [inaudible]

president buell: apparently we need one more seat for a woman that is going to be here on item four. is there a seat in here? there is one available. >> shall we get started? we are now on item number two, the president does he report -- and the president's report. president buell: welcome to the commission. i hope this will not be indicative of all the meetings to attend. i want to make an announcement for those of you who attend these meetings on a regular basis. starting in january, we will go to a committee system where we will have the full commission meeting and three committee

meetings per month because we are trying to get more participation and testimony before things come for final action in front of the commission. bear with us as we transition to the full commission meeting in january. i am hopeful, and it has been done before by those that have participated when it was the practice that seems to improve the participation element. and let me close by saying that i spent the morning -- i was enormously impressed by the collaborative effort between the public utilities commission, the trust for public land, and a number of philanthropies in putting together a five-block pathway. i also to word -- toured with

fran martin. while i was impressed with the pathway, i found us wanting in the way that people access it from visitation valley. i am looking forward to talking with staff about that issue. let us move on with the agenda. >> is there any public comment on the president's report? item #3 is the general manager's report. >> i have a few short announcements. happy hanukkah to those that celebrate and those who don't. join us next thursday in golden gate park for the eighty first

annual holiday tree lighting. it celebrates the beginning of the holiday season and features fun for the entire family. and there is a rumored a visit from santa. i have mentioned this out prior commission meetings, but i have had a great pleasure [unintelligible] d is one of this country's renowned classical pianists. he performed a spectacular concert benefiting children on the autism spectrum. he went bach and forth, playing bach, charlie parker, bach, several international

compilations. we raised over $10,000. more good news. on the heels of our recent announcement that we received the $4 million state grant for renovations, we have some more good news. we were notified by the storage shed council that we had received another $200,000 for the renovation of that park. it is in one of the city's densest areas with the highest concentration of children. the project as a result of the trust for public land. we work closely with community members to develop the city- approved plan to make it a vibrant, a welcoming resources for a neighborhood that has an estimated 6000 kids.

the new park will have a basketball court, the perimeter path, and a brand new clubhouse. a want to say great thanks to the youth storage should council, and i want to extend my appreciation for those that worked on the grant. it provides $30 million in funding over a 10-year period. it provides outdoor opportunities for youth. we're very excited. from good news to the less good. or maybe not so bad. the mayor's office is projecting the city's general fund deficit for the 11-12 budget at $379

million. and to submit an additional 10% reduction plan. as always, the department will have to cover any non-salary cost increases in addition to the general fund reduction target. as soon as we have crunched the numbers, we will come back to the commission and update you. as we continue to work through revenue solutions, home here we go again. that concludes the general manager's report. >> is there any public comment? general public comment, up to 15 minutes. members of the public may address the commission with r -- which could not appear on the agenda. with respect to agenda items,

your opportunity will be afforded when the item has reached its point. i have three cards. >> good afternoon, commissioners. the sfpuc is planning to build something in golden gate park. i attended meetings on alternative sites to the factory. it remains the selected location for this factory. you requested that the department pursue finding an alternative location. at that meeting, the department's representatives did not question the location of golden gate park. she strongly defended its and said that the master plan supports the recycling plant because the golden gate park master plan supports recycled

water. this is such a gross misstatement of the master plan that those of us in the audience that actually read the plan and gas in astonishment. we have faith that this area must be used for recreational purposes. please direct the department advocate for an alternate site for this factory outside of golden gate park. i encourage the public to attend the next meeting on december 9. save golden gate park from this industrial development. more information is on the web site. thank you very much. president buell: thank you. let me ask the audience not to applaud or indicate your sentiments on either side. we're going to try to get

through to dave's meeting as fast as we can. >> i would like to address a similar issue, but i am on the other side of it. i am in favor of the project. the aforementioned meeting, the advisory board, there wasn't a very good type of pilot project. they had wanted to have cost the economy. i understand that golfers and fissures want to be supportive -- [unintelligible] considering that there is also the complication of the zoo that is using ground water that

should not be used, it is contaminated as well as synthetic fertilizer and other things that accumulate over the years. they might try to have another water tank underground on the left side. it would come from the west end of the park. i thought if you are not going to come recycle water to the zoo, you would have to bring in tap water. i will be going to the other tuesday meeting. thank you. president buell: thank you. >> linda cutner, please.

>> ladies and gentlemen of the commission and everyone else concerned, expect to call me sunshine, it's true. that is what most people do. i bring the best of what i'd do to the city of san francisco. i am here to address a different item. having to do with first amendment rights in the parks, town squares of san francisco. i wanted to give you a little taste of what i do for everybody. i was stopped this weekend from

performing. i have performed there at the holiday season for many, many years. there is a child that came up to me that was seven and remembered every bowler and i made for her since she was too and recited all of them. i am a first amendment freedom of speech performer. i never asked for a penny from anyone. people give it willingly. i performed in san francisco, los angeles, and many countries overseas. this same exact issue was tried before the ninth circuit court of appeals in san francisco. it was a joint management situation between the adult city center and the city of seattle

parks and recreation department. the gentlemen who also, ironically, was a blow in twister -- balloon twister was stopped. h'm he was told he needed permits. it took seven years to the ninth circuit -- [chime] the ruling was handed down, saying that they needed to oppose his first amendment rights. i am being harassed by the police and by mjm management. i intend to perform there. president buell: thank you. >> i'm not getting too far. i need your assistance. president buell: thank you. thank you for your testimony.

>> is there anyone else that would like to make general public comment? public comment is closed. we are on item number five, the consent calendar. is there anyone that would like to comment on the consent calendar? public comment is closed. >> move to approve. president buell: all in favor? opposed? hearing none, it's unanimous . >> item number 6, approval of contract.

>> i will be very brief today. i am here to present the contract, just a little recap of what we have done in the last few months. in 2009, we put food carts and food trucks and parts. on november 4, the commission approved in the selection to operate behind in golden gate park. the terms of the permit that has been negotiated are the following. five years. they will operate seven days a week between the hours of 10:30 a.m. at 6:00 p.m..

at 10:30 a.m. to 8:00 p.m. during the spring and summer hours. the permitee is required to maintain the space surrounding their concession. the financial projections are the following a period their minimum annual guarantee is $12,000 a year. the rent is 11% of sales. the staff informed the party of our intention and the approval to put them behind. it has received support from staff, the selection panel, the office of economic workforce

development, and the chamber of commerce. i'm done, sorry. >president buell: i have a question before we go to public comment. for that whole area, is there a process in place or is it anticipated that there will be a process to look at a master plan for that area since we are adding uses? >> this has come out a number of different times. it calls for a plaza designe behind the bandshell. it is a project that we are very interested in. it is among our fund-raising goals. it is a large, capital project.

we have not started a public communication in the engagement process. other than that which took place during the master planning process. the master plan has a very high level concept for what the area behind the band shell would be. we're looking forward to partnering in particular with the preservation alliance and others that have expressed a similar interested in the project. commissioner lee: my question was along the same lines. in the last few months, we approved a number of vendors. with regard to the maintenance part of the yard, i know the maintenance uses the facility pretty heavily. i just want to make sure that as

we are proving these, we're not interfering with their work. what plans do you have of relocating that maintenance facility so that it is not interfering with use? >> and this is replacing an existing cart, so we are not adding any infrastructure. we're working closely to make sure that they can continue operations unimpeded by the concessions behind the band shell. >> there will not be a need to relocate the maintenance use? >> the offices back there behind the band shell. i have spoken with others on several occasions. we're not there yet. we want to move them because

consistent with the master plan is a better use for the space. it is a little bit of a hodge podge of functions, but this is a big project. it is definitely on our list and something we are interested in. we need to move forward with a community dialogue to figure out where to go from here. and think about where the source of funding is going to come from. >> i noticed we have a contract , and is there any particular reason why you want to give them a five-year contract versus a one-year contract with an extension? in light of the potential construction, it might not be

five years. >> that is something that we can take into consideration. we were to be insensitive to the interested of the community. we felt more confident by giving them a longer lease. i would be happy to take your comments into consideration in light of the fact that we would like to do some long-range planning. >> is there any public comment on this item? please come forward. >> thank you very much. yes, we need a plan for this area. i appreciate your words, and i think shorter will be a good idea.

there should be some flexibility. there was an article saying there were no objections, we have registered objections. the music concourse is a city landmark. the introduction of these elements must receive a certificate of appropriateness. missing from your staff report is the fact that the historic preservation commission has expressed concern, and to come and talk to them about these parts. i also appreciate you talking about the master plan. it was created after a long process in 1998, and as far as we are concerned, it goes to the head of the line in front of other projects that have been started since then.

we would like to see this project of the. -- move up. president buell: thank you. >> among the many statistics cited was not the size of this card. i would like sums specifics. -- soem me specifics. >> public comment is closed. president buell: can we get an answer? >> it is a truck, 10 by 24 feet. president buell: it has been moved and seconded. any other comments? all those in favor? it is unanimous. >> item #7, approval of a

permit of soft serve. golden gate park and marina green. >> before i continue, i would like to recognize the efforts of my colleagues on working for both leases. in july, we approved an rfp to increase the amenities and provide revenue for the department. they approved the selection of twirl n' dip. the commission approved the selection to operate at the scott street entrance from 3:00

p.m. until 7:00 p.m. a one-year permit with a one- year extension. as i noted, it will be at golden gate park right off of martin luther king drive 11:00 a.m. until 3:00 p.m.. the department will require approval for equipment, menu, and prices. they are required to clean up and maintain the space within 100 feet of the concession as well as offer garbage, recycling, and compost to customers. we also asked them not to serve food that is particularly appealing to the wildlife and to instruct customers not to feed wildlife as well as those cited

to instructing customers not to do so. the financial projections are the following. the greater of the minimum guarantee of $12,000 or a percentage rent that is 15% of gross sales. the department staff estimates $22,400 per year and i should know that the revenue generated goes back into the marine of fund -- marina green fund. i won't go through the list, but it was quite extensive. we considered the placement of golden gate park. we have received support for this proposal, unanimous support from the selection panel. the office of economic