at kezar. a lot of our programming cannot take place, given the size requirements of some of our programs, cannot take place without kezar being there. i do believe we should approve this. it is a stop-gap measure. great deal of work. at least, if we can get the floors redone, we can continue to program. i have a question also related to your update. regarding the question on the downtown fund, would the open space fund have to replenish the downtown fund for any funds drawn?

no? so this would be a straightforward withdrawal. in the future, if we could continue to draw from that for any future capital needs. >> to answer your question, the answer is no. on further expansion, i would have to defer to td. -- katie. >> we have been doing cleanup of park projects which created some additional fund balance, which would allow us to make this swap out of the open space contingency reserve into the downtown park fund for this particular project for union square. there is some additional fund balance available in the downtown park fund. as development occurs in the

downtown core, there are developer fees that are exacted. that is how the downtown fund is funded over all. as revenue flows into the fund, it then becomes available to spend on parks projects that are within the downtown area. >> is this downtown fund included in your financial? >> no, we spend out of it on such an irregular basis. to the extent that there are capital projects that are funded by the downtown fund, -- for example, su berryman park repairs, that was included in the month reporting. but because the revenue flows into the fund on such an irregular basis, because it

comes from development projects, which lately have been few and far between, we do not report on it regularly because we use it pretty rarely. >> how many other similar funds are there in the city? >> for the rec and park department, this is the only one. >> how much is currently in that fund? >> we will know better at year end close. the last time i looked, a couple of weeks ago, available fund balance was about $700,000. >> it would be helpful to know -- obviously, any fund that can be drawn from downtown four union square, because it is for the expressed purpose of the downtown fund, would preserve open space fund for other projects. >> downtown fund is actually designed for creating new parks

within the downtown core, which are meant to serve the downtown population. the idea is there is not a lot of open space in that area. the goal was to create new open space and renovate existing -- >> but with such a small amount of money, you are not going to be able to acquire land for that. >> sure. as money accumulates over time, we get a fund balance that is of some significance. then we expend it on things such as the renovation. >> those funding allocations, they come back to the commission through capital? it is specified as a downtown fund project when it comes to capital? >> we can only spend the money as it is appropriate through the budget process.

what happens is, the budget would include funds from the downtown park fund, and are permitted in the capital budget. >> thank you. one other question. the rossi swimming pool. i know there was an intense fund-raising effort around this some years ago. i have heard from a number of community folks that the pool was one of their projects that they wanted. are we doing any additional work, other than what is planned? are there other planned renovations at the polls, other than this? >> no, this project will replace the filtration ponds, sanitation

system. some work in the locker rooms. i believe reroofing as well. >> so there will be some work done on the locker rooms. >> it will be somewhat cosmetic. we were just through last week during a site visit. of all the work that needs to be done there, this money cannot get to that. i do not have the project scope in front of me, but i believe we could be putting non-skid down on the floors. >> that is one of my projects. maybe we can see if we can get funding in the next year to maybe work on those locker rooms. they are in pretty dire need of some renovations. anyway, that is something for

future meetings. >> commissioner harrison? >> commissioner lee took a lot of my thunder here. would the downtown park fund replenish? i notice on the open space fund, we used $2,600 so far. would the downtown park on the polish that? -- fund replenish that? the second question is, -- >> i am sorry, commissioner. what' $2600? >> in the opening page of the report -- union square. >> generally speaking, commissioner, any amount that the department is going to spend on the union square project, the

lighting project, the entire amount would be covered by the downtown park fund. >> ok, thank you. the other question i have was, since we passed this in 10-11, do we need to amend that in order to use this downtown park fund? >> i do not think so, commissioner. i am not sure that you need to necessarily take action. certainly, as part of your motion for approving this item here today, can note that you would like us to make that change to the funding source. but from a legal standpoint, i

do not think you must. of course, here i am offering legal advice and i am not an attorney. >> well, we all do that. i am curious about this downtown park fund. i do not know about it, i do not know a lot about it. i would ask, with the deference of the president and chair of the capital committee, that we get a full report, what has been spent in the past year, how we get the money and so on. perhaps at our next half august capital? >> so ordered. >> commissioner, just two quick comments. i guess we are going to fully discuss the downtown park bond in august. this issue actually came up last year when you approved the deferred maintenance projects. there was some discussion about

whether the union square project should have been funded out of the downtown park funds. at that point, it could not have been because we did not have the money. it was because of the work that katie did this year, closing out projects that were done. i think there was another source or two -- it was mostly project close outs. just to remind you, you raised this issue last year. we will use the downtown park pond when we can for downtown corridor projects. the second point i want to remind you, frankly, to thank the commission for their leadership -- we have been struggling to find dedicated sources of funding for deferred maintenance. i want to bring us back to a significant decision that the commission made last year during the 10-11 budget season, which

was to dedicate 50% of the contingency reserve open space fund to. this is an ongoing revenue stream to attacked revenue stream projects. i just wanted to thank the commission for their work. >> i just wanted to ask, how long is it going to take to repair, replace the floor? what are the time lines? if there are activities going on there, what is going to happen with those activities? are we looking at potentially a revenue loss? i know that the pavilion gets a lot of use. i just wanted to get more information on that. >> we are working closely with

staff to identify the right time to do this. kezar has a bit of a seasonality to it as well. we will pick a time when there is the least impact. not having the schedule in front of me, i do not want to say there is 0 impact, but we are going to keep it minimal. we did not want to disrupt any of the major athletic events we have going on, but there are times when it is just open to events or things that are not program elated to our athletic programs. certainly, if you approve this, we will come back to you a schedule on when it will be undertaken. as i said in the report, once we have got the floor up, and we can see what the scope of the work may be, that will inform

the project scope and cost. >> so it will essentially be done with minimal impact? >> yes, that is our commitment. >> thank you. >> i have public comment from a richardfong and andrea o'leary. >> good afternoon. i just had some eye work done, so i can see you now. you all look great. >> probably everything looks great, at this point. >> i wanted to touch on a few thoughts, like kezar.

maybe we could do just an expediting-type of repair work there. i would not be inclined to tear out the entire floor. if we did something like what they use with ping-pong paddles -- carbon fiber on the inside, would on the outside. -- wood on the outside. i understand the word is getting too thin. but if we had this on top, and then you had the finishing top surface wood on top, it would just be repair. it adds strength and adds bounce. structurally, it is more stable. it is a classic example of how in architecture they use plywood instead of plank wood.

we did repair work there that would have that carbon fiber player going across. and on the top, top sheet wood. that could take the abuse of the extensive use in the facility. that was one part. another part of wanted to bring in has to do with the repair work at the chinese playground. i have been tried to get that tennis court done for a long time. it has been patched up, the borders are over elevated from pavement work. i wonder what it never gets done. i talked to dr. lee about it, and he wants to hit tennis balls there, has been a long time chinatown tennis club member.

a lot of people want to use the facility, but it is not really up to grade. will it ever be up to grade? and when you did the roofing work at the chinese playground, the same facility, when i looked at it, you are doing repetitive work that has been done many times. every time, it comes down to the same thing. >> thank you. >> andrea. >> hello again. some of you say you do not understand the downtown bond. there are a lot of us who do not understand the job order contract in process. it was sold to us as being a cheap and easy process for small

projects. these are large projects we are talking about. i am not really sure how this applies, in particular, there is no public participation in this project. but most of these projects are over $50,000. 10 out of 12 on the list are. it used to be, anything of that cost came before the commission for approval. this joc process, as we are told, it eliminates that. they can do whatever they want to @ whatever cost. now that we have had this surplus issue, i have something to compare it to in my mind to figure out how this process might work. this is a contingency fund from the open space. these are major design-build kind of issues.

therefore, i can understand how you need a huge contingency. they are going to do some of these floors and find dinosaurs. they need a larger contingency to do that. these small projects, which is what the joc is -- these are things like picnic tables. you can just drop it there. there should not have to be a contingency. in particular, in a project like ours, we already paid contingencies. this deferred maintenance, there is a 1% to 3% project management fee. in our area, it is more like 8%. jocc, what is the job opportunity contract fee?

you pay these people to do this work, but there is a 5% fee on these projects. we are also paying another 10% contingency on top of our contingency. i can understand you are going to find problems. there are a lot of little things like this that are unclear about how this is supposed to work. this is neither cheap, easy, nor quick. there are issues about how our money is being spent and we have no way to check into it, no way of accounting for it. >> thank you. >> is there anyone else that would like to make public comment on this item? being none, public comment is closed. >> move to approve. seconds. >> all those in favor indicate by saying aye.

opposed? hearing none, it is unanimous. >> we are on item number eight. marina green kiosk request for proposal.

good morning, commissioners. for the department, what is before you is an rfp that the department would like to put out soliciting an operator for the marina green kiosk. the kiosk was built in 1938. it serves snacks and light refreshments to visitors to little marina green. the department entered into a lease in 2008 with a three-year lease with an extension -- expiring in april of this year.

there was an extension that the current operator chose not to exercise. the department would like to put out to bid the rfp that was solicited. an operator that would offer quality beverage and food at the kiosk. the rfp would require respondents to submit proposed rent, including the greater of the monthly and a guarantee or percentage of gross revenue. it would also require -- stipulate that the proposed payments are not final and that there would be negotiations with rpd, and then they would increase with cpi, and the maximum lease term would be five years in length. in soliciting an operator, we are soliciting an opera with the

following minimum qualifications. five years of operating a similar business, including some with a background in food service, a catering, and retail services. sufficient financial capacity to undertake this opportunity. and the ability to obtain all required insurance policies and other permits. should the commission approved the release of this rfp, we would issue the proposal later on today. we would have a deadline of august 22, 2011, with hopefully bringing the selection of the responded back to the commission in september and then having the rec and park commission approved the lease in november. no lease would commence in december 2011. -- the lease would commence in december 2011. should the commission approve

this rfp, the financial benefit to the city would be the greater of the proposed mag that the department receives or the exact amount payable as rent. one thing that we have changed in our rfp over the last months or years, we have now added a process in our solicitation. if the department received no acceptable rents from any of the respondents, we can ask all of the respondents to submit higher rents. that is language that is in this rfp, has been in previous ones. that will ensure the department receives the best financial deal available. we have done to give it an outrage on this proposal,

including contacting all people who were previously interested in the 2008 concession opportunity. we have reached out to marine of merchants, the national recreation area, the two yacht clubs out there, and a number of entities that are active in the marina. so with that, we would ask for your approval. >> is there any public comment on this item? being none, public comment is closed. >> commissioner harrison. >> i am in favor of this proposal, but i'm starting to look at the larger picture. we have the kiosk and now we are planning -- what do they call the building over there? [unintelligible] then we have mobile trucks, then we have a warming hut just inside the presidio.

it seems to be getting crowded out there. >> i would agree, if all those were operating at the same time. in our permits for the food trucks that operate out there, we have written in those permits in a way that once the marina degaussing begins, we would terminate those permits and move those uses from the site. the food trucks could be seen as an interim use until that marine and degaussing project is complete. >> exactly what i was looking for, thank you. >> so when the do you expect the degaussing station to put up a bit? >> i believe it is out to bid at the moment. proposals are due sometime next month. we will have a better sense once those proposals are received on the timeline. >> so you are looking at

bringing in an operator for the balance of the year? >> for the marina degaussing station, that is a complicated project that will need capital and a number of entitlements. i am not the project manager. i would be hesitant to give an exact time line. i think we can expect that work would not immediately begin. >> my point is, the trucks that are there would only be there for about six months. >> and perhaps a little bit longer, yes, but not years and years. definitely an interim years. >> ok, i will entertain a motion. moved and seconded. is there any public comment on this item? hearing none, it is unanimous. >> item 9. general public comment

continued. patricia delgado. >> i just wanted to add my voice to the 17th and folsom park. i just want to bring to your attention that this is in the old industrial zone coming from 16th to 23rd. all of that area was originally the industry of san francisco. up the street from me, at the corner of 23rd and harrison was the old winfield paper manufacturing plant. that was resolved and now we have 56 apartments there. the old penske lot, alabama,

florida, 14th and 19th. that is all now low-income housing. and when willie brown was our mayor, a lot of work came in on harrison street. so that whole area is changing. then it was the third round. in the 1970's, the neighborhood said, let us build a park there. then in the 1980's, when we first moved in, somebody once again brought it to our attention. it got as far as the drawings and then fell into the blue void also.