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ORDER OF BUSINESS

1.  Call to Order

Chairman Nolan called the meeting to order at 2:01 p.m.    

2.  Roll Call

Present:   Cameron Beach

               Shirley Breyer Black

               Malcolm Heinicke     

               Jerry Lee

               James McCray, Jr.

               Tom Nolan

               Bruce Oka

3.  Announcement of prohibition of sound producing devices during the meeting.

Chairman Nolan announced that the ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at the meeting.  He advised that any person responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices might be removed from the meeting. He also advised that cell phones that are set on “vibrate” cause microphone interference and requested that they be placed in the “off” position.

4.  Approval of Minutes

On motion to approve the minutes of the March 3, 2009 Regular Meeting: unanimously approved.

5.  Communications

Assistant Board Secretary Celaya stated that Item 10.3 was severed from the Consent Calendar at the request of Chairman Nolan.

6.  Introduction of New or Unfinished Business by Board Members

None.

7. Executive Director’s Report (For discussion only)

    -Ongoing Activities

Carter Rohan, Senior Director, Transportation Planning & Development reported on the status of the Bike Plan.

Virginia Harmon, Senior Manager, Equality Opportunity, reported on the Vendor Outreach meeting.  

8. Citizen’s Advisory Council Report

No report.

9.  Public Comment

Bob Planthold discussed two safety issues which indicate poor employee training. Recently yellow tape had been put across an emergency exit which is a violation of the Fire Code.  On March 16, 2009, there was a delay between the Van Ness and Church Street stations.  The operator called Central Control but it was seven minutes before anybody responded.  The operators need to have the authority to tell passengers what’s happening.

David Pilpel suggested that the SFMTA look at contracts, such as the subway capacity study, because they may not be needed.  The Chairman and Exec. Director/CEO should recognize retiring operators for their service.  The SFMTA should promote keeping people for longer rather than laying people off.

James Musalski stated that the Board has decided to make up the deficit by hoisting it on to customers.  Employee salaries are outrageous.  Mr. Musalski stated that he would be ashamed if he were taking the money Mr. Ford was taking and doing the job he's doing.  Cuts should start at the top instead of making cuts at the customer level. Board members run Muni, but don't use it.  Mr. Musalski added that he is tired of fat salaries when people need help.  

Norm Rolfe stated that the train control system had been discussed at CAC meetings.  Philadelphia inaugurated a comparable system and everything has gone wrong with it.  The train control system must be modified.  The SFMTA should go back to the old system where they ran the trains manually.  It is frustrating to wait because Muni can't double berth trains.  

Emil Lawrence stated that there should be coordination on the start time of the Board meeting because the website lists 1:00 pm and the front door lists 2:00 pm.  The SFMTA passed him over on four occasions for jobs.  Several weeks ago, Mr. Lawrence commented that he was cut off when he asked for extra minutes during public comment and wants his addendum entered in the public record.  

Ted Solomon stated that other large cities are able to collect fares. A high percent of riders don’t pay fares and operators don't pay attention. The SFMTA is losing money.  In New York City if you jump the turnstiles, you get a $100 ticket.  Muni’s underground is better than its bus system.

Vernon Smith stated that he is tired of dealing with Muni Metro because they're not announcing transfer points.   Blind people deserve that right.  The rule is that transfer points are called every time. Operators need to be held accountable.  

THE FOLLOWING MATTERS BEFORE THE SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY BOARD OF DIRECTORS ARE RECOMMENDED FOR ACTION AS STATED BY THE SFMTA EXECUTIVE DIRECTOR/CEO OR CITY ATTORNEY WHERE APPLICABLE.  EXPLANATORY DOCUMENTS FOR ALL CALENDAR ITEMS ARE AVAILABLE FOR REVIEW AT 1 SOUTH VAN NESS AVE. 7th FLOOR.

CONSENT CALENDAR

10.  All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the San Francisco Municipal Transportation Agency Board of Directors and will be acted upon by a single vote.  There will be no separate discussion of these items unless a member of the Board of Directors or the public so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item.

(10.1) Requesting the Controller to allot funds and to draw warrants against such funds available or will be available in payment of the following claims against the SFMTA:

A.  21st Century Ins. vs. CCSF, Unlitigated Claim #900913 filed on 9/26/08 for $5,385.73

B.   Feng Juan Zeng vs. CCSF, Unlitigated Claim #03227 filed on 5/22/08 for $6,000

C.  George Prokopos vs. CCSF, Unlitigated Claim #901862 filed on 1/12/09 for $7,875.70

D.  Damien Richardson vs. CCSF, Superior Ct. #CGC8478037 filed on 7/30/08 for $15,000

E.  Suzanna Pedruco vs. CCSF, Superior Ct. #475215 filed on 5/12/08 for $19,000

F.  Robert Watson vs. CCSF, Unlitigated Claim #900453 filed on 8/14/08 for $23,412.61

G.  Mary Ellen McFadden vs. CCSF, Superior Ct. #8473544 filed on 3/21/08 for $50,000

RESOLUTION 09-040

 (10.2) Approving the following traffic modifications:

A.  ESTABLISH - Residential Permit Parking Area "J" (2-HOUR TIME LIMIT, 7 AM - 9 PM, MONDAY THROUGH FRIDAY) - 1775 Haight Street

B.   ESTABLISH - Residential Permit Parking AREA “S / Z” (BUFFER ZONE) (2-hour time limit, 8 am to 9 pm, MONDAY through FRIDAY) - Church Street, both sides, between 22nd and 23rd Streets.

C.  ESTABLISH - Tow-Away, No Stopping Anytime - 26th Street, north side, from Wisconsin Street to 45 feet westerly.  (Explanatory documents include a staff report and resolution.) (Bond Yee)

RESOLUTION 09-041

(10.3) Authorizing the Executive Director/CEO to accept and expend American Recovery and Reinvestment Act of 2009 funds for transit rehabilitation stimulus projects, in an amount not to exceed $90million. (Explanatory documents include a staff report, resolution and project list.) (Sonali Bose)

Item 10.3 was severed from the Consent Calendar at the request of Chairman Nolan. The Chairman asked for clarification as to why four requests were denied. CFO Sonali Bose advised that as the result of a city-wide effort, a decision was made to focus on a DPW project instead.

RESOLUTION 09-042

On motion to approve the Item 10.3:

ADOPTED:  AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka

(10.4) Authorizing the Executive Director/CEO to execute a Memorandum of Understanding with the Public Utilities Commission to effect the transfer of jurisdiction from the SFMTA to the SFPUC of a 6,264 square foot portion of  property and from the SFPUC to the SFMTA of a 5,835 square foot portion of property, both located near the intersection of Phelan Avenue and Ocean Avenue and adopting  the San Francisco Planning Commission's Environmental Findings, including its statement of overriding benefits.  (Explanatory documents include a staff report, resolution and project list.) (Sonali Bose)

RESOLUTION 09-043

On motion to approve the Consent Calendar (Item 10.3 severed):

ADOPTED:  AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka

REGULAR CALENDAR

11.  Presentation and discussion of the FY2010 budget.  (Explanatory documents include a slide presentation.) (Sonali Bose)

Sonali Bose, Chief Financial Officer, presented the staff report.

PUBLIC COMMENT:

Bob Planthold stated that the loss of staff and service affect the public.  Staff should look at ways to get new money.  In the early 90's, a surcharge was added to express lines and ridership plummeted.  Mr. Planthold questioned what raising the discounted fast pass would that do to the experimental senior disabled contract.   Fare increases may have to be adjusted.  Staff should look at increasing the single fare for seniors because there is a financial disincentive for seniors to buy a senior fast pass.

Norm Rolfe urged an increase in garage fees.  The rates in privately-owned garages are higher than in city-owned garages.  Shopper and the early bird rates should be eliminated.  Staff should look into transit impact development fees on commercial properties.

David Pilpel suggested that cost recovery fees for color curb painting and residential parking permits should be reviewed annually and set to fully cover administrative costs.  Positions shouldn’t be frozen but the SFMTA should issue layoff notices. Passenger fares should be increased to $1.75.  We need more communication with passengers.   Staff should consider declaring a fiscal emergency because it would short circuit CEQA review. 

Irwin Lum, President, TWU-Local 250-A, stated that the union has been trying to improve schedules which has resulted in increased on-time performance.  As fares increase, service should not decline.  We should consider eliminating transfers.  We have recommended voluntary furloughs as long as runs aren’t back-filled using overtime.  Labor leaders were in Sacramento to request giving cities the ability to raise vehicle registration fees.  Labor leaders have tried to meet with D.C. legislators to talk about using economic stimulus money for operating expenses. 

Emil Lawrence stated that the Mayor issued a directive to reduce overhead by 25%.  There is no reduction in salaries in this budget. Salaries are out of line.  20% of the taxi business is due to Muni’s low on-time performance.  Police overtime does not belong in the budget.  Cable Car fare fraud is still happening.  Mr. Lawrence stated that he was unaware that there was a moratorium on medallions.  The SFMTA has a problem raising parking tickets.

Mark Gruberg, UTW, stated that the vast majority of drivers without medallions would be opposed to auctioning medallions.  Mr. Gruberg read a letter by Mayor Newsom and then-Supervisor Peskin.  Many of us were concerned about the ability of Prop. A to do away with Prop K.  We were not supportive of the merger unless guarantees were made to protect Prop. K.  The SFMTA Exec. Director committed to preserving Prop. K.  The issue of revenues can be disentangled from the issue of auctioning medallions.  UTW has put forward a proposal for raising substantial revenues without auctioning medallions.  Those revenues should go for taxi purposes.

12. Discussion and vote pursuant to Administrative Code Section 67.10(d) as to whether to conduct a closed session and invoke the attorney‑client privilege.

PUBLIC COMMENT:

David Pilpel expressed hope that the new safety director is working to minimize costs and manage risk better because claims and litigation are a significant budget item.

On motion to invoke the attorney-client privilege: unanimously approved.

RECESS REGULAR MEETING AND CONVENE CLOSED SESSION

CLOSED SESSION

1.  Call to Order

Chairman Nolan called the closed session to order at: 4:05 p.m.

2.  Roll Call

Present:   Cameron Beach

               Shirley Breyer Black

               Malcolm Heinicke     

               Jerry Lee

               James McCray, Jr.

               Tom Nolan

               Bruce Oka

Also present:  Nathaniel Ford, Executive Director/CEO

                       Caroline Celaya, Assistant Board Secretary

 Julia Friedlander, Deputy City Attorney

             Debra A. Johnson, Chief of Staff/Director, Administration

                       Ken McDonald, Chief Operating Officer

                       James Dougherty, Chief Safety Officer/Director of Transportation Safety

                       Chris Hayashi, Director of Taxi & Accessible Services

3.  Pursuant to Government Code Section 54956.9 and the Administrative Code Section 67.8 (a) (3), the Municipal Transportation Agency Board of Directors will meet in Closed Session to discuss and take action on attorney‑client matters in the following case:

CONFERENCE WITH LEGAL COUNSEL

Existing Litigation:  

A.  Jin Yang Kim vs. CCSF, Superior Ct. #8475838 filed on 5/30/08 for $500,000

RESOLUTION 09-044

On motion to approve:

ADOPTED:  AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka

B.  Meixiao Ruan vs. CCSF, Superior Ct. #CGC8473698 filed on 3/27/08 for $950,000

Item 3B was removed from the agenda.

4.  Pursuant to Government Code Sections 54956.9, and Administrative Code Section 67.8 (a) (3) the Municipal Transportation Agency Board of Directors will meet in closed session to discuss attorney‑client matters in the following case:

CONFERENCE WITH LEGAL COUNSEL

Anticipated Litigation:

__X__ As defendant or __X__ As plaintiff

ADJOURN CLOSED SESSION AND RECONVENE OPEN SESSION - The closed session was adjourned at 4:36 p.m.

13. Announcement of Closed Session.

Chairman Nolan announced that the SFMTA Board of Directors met in closed session to discuss the Kim and Ruan claims with the City Attorney.  The Board of Directors voted unanimously to settle the Kim case and the Ruan case was removed from the calendar.  

The Board also discussed anticipated litigation with the city attorney but took no action.

14. Motion to disclose or not disclose the information discussed in closed session.

On motion to not disclose the information discussed: unanimously approved.

ADJOURN - The meeting was adjourned at 4:38 p.m.

A tape of the meeting is on file in the office of the Secretary to the San Francisco Municipal Transportation Agency Board of Directors.

Roberta Boomer

Board Secretary

The Ethics Commission of the City and County of San Francisco has asked us to remind individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [S.F. Campaign and Governmental Conduct Code section 2.100 et seq.] to register and report lobbying activity.  For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 415-581-2300; fax: 415-581-2317; 25 Van Ness Ave., Suite 220, SF, CA 94102-6027 or the web site: sfgov.org/ethics.  

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