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ORDER OF BUSINESS

1.  Call to Order

Chairman Nolan called the meeting to order at 2:02 p.m.

2.  Roll Call

Present:   Jerry Lee

               James McCray, Jr.

               Tom Nolan

               Bruce Oka

Absent:  Cameron Beach – with notification

               Shirley Breyer Black – with notification

               Malcolm Heinicke – with notification

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 February 3, 2009 Regular meeting: unanimously approved (Beach, Black and Heinicke-absent).

5.  Communications

Board Secretary Boomer stated that Item 11 regarding award of the advertising contract and Item 12 regarding the SFMTA’s Fleet Program have been removed from the agenda.  Discussion of anticipated litigation scheduled for the closed session had also been removed from the agenda.

6.  Introduction of New or Unfinished Business by Board Members

None.

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

    -Ongoing Activities

Exec. Director/CEO Ford discussed various safety enhancements undertaken at the SFMTA and the plan for the Economic Stimulus projects.  Because of the tight timeline, staff will not bring the release of Request for Proposals or Bid Calls for these contracts to the SFMTA Board for authorization.  Instead the Board will receive a notice of intent to release. Chairman Nolan stated that the Board concurred with the plan.

8. Citizen’s Advisory Council Report

No report.

9.  Public Comment

Chairman Nolan read the Mayor’s policy on discrimination and stated that the Board was happy to hear from all members of the public but requests an atmosphere of respect.

Emil Lawrence stated that at the last meeting there was inadequate protocol.  He was cut off when he asked for extra time to discuss the draft taxi regulations.  He has asked the Ethics Commission and Sunshine Ordinance Task Force for their input.  People shouldn’t be cut off when they are providing input on regulations that impact people’s lives.  Issues were left out of the draft.

Ben Valis stated that the way Prop. K is currently structured getting a medallion is a light at the end of the tunnel for taxi drivers.  The current system encourages life-long employment and is a great model but there is some graft and corruption.  The sale of medallions is a quick fix for budgetary reasons but the SFMTA needs to look at the medallion system as a good governance issue.  Making medallions transferable won’t improve service and will push good people out of the industry.  The SFMTA needs to look at centralized dispatch.

Barry Taranto stated that fare inspectors are important.  People often board through the rear door of buses but inspectors are only on the Metro lines.   Mr. Taranto spoke about a ticket that he received for failure to show a transfer and asked the Board to look into how inspectors are trained, hired and deployed and how well they’re doing.  Fare inspectors are boisterous and abusive.  

Michael Kupieski suggested that changes to the medallion process be implemented when the current list has been finished.  Mr. Kupieski stated that he has been on the list for 10 years.  The SFMTA should give those who are already on the list the chance to get what they signed up for.

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.  State Farm & Allstate vs. CCSF, Superior Ct. #467828 and 467891 filed on 10/3/07 for $6,072.50

B.   Ross Rezaie vs. CCSF, Unlitigated Claim #901255 filed on 10/30/08 for $9,982.84

C.  Tim Kobe/Progressive Ins. vs. CCSF, Unlitigated Claim #901627 filed on 12/10/08 for $9,306.89

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

RESOLUTION   09-027

(10.2) Authoring the Executive Director/CEO to accept and expend a total of $8,526,709 in Fiscal Year 2009, 2010 and 2011 Lifeline Transportation Program grant funds from the Metropolitan Transportation Commission for the Enhanced Transit Security Program, the 29-Sunset Reliability Improvement Project, 108-Treasure Island Enhanced Service, the Randolph/Farallones/Orizaba Access Project, the San Bruno TPS Project, the Persia Triangle Improvements Project, the Discounted Lifeline Pass Program, and the Shopping Shuttle Program

(Explanatory documents include a staff report and resolution.) (Sonali Bose)

RESOLUTION 09-028

(10.3) Appointing Elena Chiong to the Board of Trustees for the Transportation Workers Union-San Francisco Municipal Railway Trust Fund. (Explanatory documents include a staff report and resolution.) (Roberta Boomer)

RESOLUTION 09-029

On motion to approve the Consent Calendar:

            ADOPTED:  AYES – Lee, McCray, Nolan and Oka

                                  ABSENT –Beach, Black and Heinicke

REGULAR CALENDAR

11.  Authorizing the Executive Director/CEO to execute Contract SFMTA 2008/09-08, Agreement for Advertising on SFMTA Vehicles and Other Property with Titan Outdoor including a 10-year term, plus two five-year options to extend the Agreement, and required minimum annual guarantee, administrative and other payments to the SFMTA. (Explanatory documents include a staff report, resolution and contract.) (Sonali Bose)

Item 11 was removed from the agenda.

12.  Presentation and discussion of the SFMTA’s Fleet Program.  (Explanatory documents include a power point presentation.) (Ken McDonald)

Item 12 was removed from the agenda.

13. Authorizing the Executive Director/CEO to execute Contract No. CS-901, As-Needed Specialized Engineering Services for Rubber Tire Vehicle Projects, with Jacobs Engineering for an amount not to exceed $4,000,000 and a term not to exceed five years. (Explanatory documents include a staff report, resolution and contract.) (Ken McDonald)

No public comment.

RESOLUTION 09-030

On motion to approve:

ADOPTED:  AYES – Lee, McCray, Nolan and Oka

                                  ABSENT – Beach, Black and Heinicke

14. Authorizing the Executive Director/CEO to award and execute Contract No. CS-146, As-Needed Specialized Engineering Services, with Anil Verma Associates for an amount not to exceed $3,000,000 and a term not to exceed five years.  (Explanatory documents include a staff report, resolution and contract.) (Carter Rohan)

No public comment.

RESOLUTION 09-031

On motion to approve:

ADOPTED:  AYES – Lee, McCray, Nolan and Oka

                                  ABSENT – Beach, Black and Heinicke

15. 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.

On motion to invoke the attorney-client privilege: unanimously approved (Beach, Black, and Heinicke-absent).

RECESS REGULAR MEETING AND CONVENE CLOSED SESSION

CLOSED SESSION

1. Call to Order

Chairman Nolan called the closed session to order at 2:36 p.m.

2.  Roll Call

Present:   Jerry Lee

               James McCray, Jr.

               Tom Nolan

               Bruce Oka

Absent:  Cameron Beach – with notification

               Shirley Breyer Black – with notification

               Malcolm Heinicke – with notification

Also present: Nathaniel Ford, Executive Director/CEO

Roberta Boomer, Board Secretary

Julia Friedlander, Deputy City Attorney

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

                      Amit Kothari, Director, Off-Street Parking

          Sonali Bose, Chief Financial Officer

          Bond Yee, Director, Parking and Traffic

          Ken McDonald, Chief Operating Officer

          Caroline Celaya, Assistant Board Secretary

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:  

            DAJA International vs. CCSF, Unlitigated Claim, filed on 4/9/08 for $187,500

RESOLUTION 09-032

On motion to approve:

ADOPTED:  AYES – Lee, McCray, Nolan and Oka

                            ABSENT – Beach, Black and Heinicke

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 2:40 p.m.

16. Announcement of Closed Session.

Chairman Nolan announced that the SFMTA Board of Directors met in closed session to discuss   DAJA vs. CCSF with the City Attorney.  The Board of Directors voted unanimously to settle the case (Beach, Black, and Heinicke-absent).

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

On motion to not disclose the information discussed: unanimously approved (Beach, Black, and Heinicke-absent).

ADJOURN - The meeting was adjourned at 2:41 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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