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ORDER OF BUSINESS

1.  Call to Order

Chairman Nolan called the meeting to order at 2:00 p.m.

2.  Roll Call

Present: 

  • Cameron Beach
  • Shirley Breyer Black
  • Malcolm Heinicke – absent at roll call
  • Jerry Lee
  • James McCray, Jr. – absent at roll call
  • 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

PUBLIC COMMENT:

Peter Witt thanked the Board Secretary for posting the minutes and for referring to his 150 word statement, however her words were incomplete, taken out of context and misleading.  He requested that his 150 word statement be added to the body of the minutes rather than at the end.

On motion to approve the minutes of the April 6, 2010 Regular Meeting: unanimously approved (Heinicke, McCray-absent).

5.  Communications

Chairman Nolan stated that he would ask the Board Secretary to call item 11 regarding the FY11/12 budget after the Executive Director/CEO report and the report of the CAC Chairman.  He noted that a special order regarding the taxi items would be heard at 4:30 or as soon thereafter as possible.

Board Secretary Boomer stated that Item 10.1 E and Item 22 regarding the FY11 and 12 capital program had been removed from the agenda at the request of staff.

6.  Introduction of New or Unfinished Business by Board Members

Referring to a letter regarding ads on Muni vehicles for the Census Bureau, Director Beach stated that the ads appear to violate the contract that was approved by the Board.  He asked staff to research the matter and assure the Board that the contract is being adhered to.

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

  • Rail Renovation Projects
  • Ongoing Activities

Directors Heinicke and McCray arrived.

Exec. Director/CEO Ford discussed Caltrain’s financial situation and the status of the rail renovation projects.

Carter Rohan, senior director, Capital Projects and Construction; John Haley, chief operating officer and Debra Johnson, director, Administration, Taxi and Accessible Services reviewed the status of the St. Francis Circle capital projects.

PUBLIC COMMENT:

Forrest Schmidt expressed concern about the information in the SFweekly article and a meeting of management at which managers were accused of being “snitches.”  He wondered if there was any examination of the rail renovation projects because if half of the money could be postponed, that money could stop the service cuts. He stated that he hasn’t heard any outreach regarding the May 8 massive cuts.  People don’t have the information they need to have in order to participate in the process. 

Frank Lara said that in order for an agency to receive funding, it had to prove to be competent to manage the funds.  The SFMTA is getting money for capital projects while bus service is being dismantled.  A 10% service reduction will lead to more reductions.  Mr. Lara stated that he has not seen any competency in this agency to manage funds.  The Board seems to be puppets of the mayor. 

David Pilpel stated that an opportunity to add a third track at St. Francis Circle is being lost and won’t be revisited for another 20-30 years. Staff has done good job of preparing for the construction work.  He expressed concern about the increase in demand for motor coaches when other lines are already using motor coaches due to problems with the fleet. The Caltrain issue should be discussed by the Board because of the impact on transportation and land use.

Peter Witt stated that service changes, adjustments and rollbacks encourage people to take a taxi or “cab-pool”.  Muni service cuts will help the taxicab industry.  He noted that outreach is poured into Muni and wondered if there could be an equal outreach for taxis.  Taxi customers need to be reached.  He stated that he was happy that Muni is focusing on the future stability of future operations. 

Ernestine Weiss stated that there’s a lot of confusion about NextBus.   Customers don’t know what is going on.  The Financial District is the busiest and most congested area in San Francisco.

8. Citizens’ Advisory Council Report

In the absence of Chairman Murphy, Board Secretary Boomer provided an overview of recent CAC recommendations.

9.  Public Comment

Peter Witt stated that he has surveyed over 1,000 customers per year for the past ten years and has had a 93% return rate.  He has collected 234 samples this year and has 13 years worth of data.  He doesn’t know why the former Taxi Commission didn’t like him.  He was just the messenger.  He wondered where the taxi data was. He stated that an independent analysis and survey is called research and is also known as customer service.  He has received no “thanks” or questions by the Board.  He asked that the Board see to their fiduciary duty.

David Pilpel stated that the Board of Supervisors affirmed City Planning’s determination.  The Transportation Authority asked the SFMTA to further discuss the possibility of reducing the 10% service plan.   He stated that he continues to be willing to meet with staff which might reduce litigation in the future.  There is no CEQA clearance for the restoration of service in the budget so there may be further appeals.  This is the first time that an Operator Sign Up will be a forced and without union participation.  This signals a new low in labor relations.  He requested a schedule for public hearings on work rules and work orders and expressed appreciation to Directors Black and McCray.

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:

  1. Sandra Maria Camarena vs. CCSF, Unlitigated Claim #1001464 filed on 12/1/09 for $4,600.50
  2. Cheindlya Baranova vs. CCSF, Superior Ct. #484162 filed on 1/16/09 for $5,000
  3. Tasha Clark vs. CCSF, Superior Ct. #CGC8474141 filed on 4/10/08 for $10,000
  4. Maria Rodriguez vs. CCSF, Superior Ct. #CGC9484380 filed on 1/26/09 for $18,500
  5. Mohammad Alsaidi vs. CCSF, Superior Ct. #CGC8458235 filed on 5/21/08 for $50,000

10.1 E was removed from the agenda at the request of staff.

Item 10.1 D was removed from the Consent Calendar at the request of a member of the Board.

Director Heinicke requested an update regarding efforts to automate LRV steps.

On motion to approve Item 10.1 D:

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

RESOLUTION 10-046

(10.2) Approving the following traffic modifications:

  1. ESTABLISH – NO PARKING, VEHICLES MORE THAN 6 FEET HIGH – Vallejo Street, north side, from White Street to 31 feet easterly. 
  2. ESTABLISH – TOW-AWAY NO PARKING ANYTIME EXCEPT MARKED POLICE VEHICLES – Williams Avenue, south side, from Newhall Street to 205 feet westerly.
  3. ESTABLISH – TOW-AWAY, NO STOPPING ANYTIME – Junipero Serra Boulevard, east side, from Holloway Avenue to 23 feet southerly.
  4. ESTABLISH – TOW-AWAY, NO STOPPING ANYTIME – Junipero Serra Boulevard, east side, from Holloway Avenue to 23 feet northerly.
  5. ESTABLISH – TOW-AWAY, NO STOPPING ANYTIME – Holloway Avenue, south side, from Junipero Serra main roadway easterly to Junipero Serra access road.
  6. ESTABLISH – TOW-AWAY, NO STOPPING ANYTIME – Holloway Avenue, north side, from Junipero Serra main roadway easterly to Junipero Serra access road.
  7. ESTABLISH – NO PARKING, VEHICLES MORE THAN 6 FEET HIGH – Hyde Street, east side, from Greenwich Street to 96 feet southerly. 
  8. ESTABLISH – NO U-TURN – Eucalyptus, eastbound, at Muni M-Line Crossing.
  9. ESTABLISH – RESIDENTIAL PERMIT PARKING AREA "S" ELIGIBILITY – 65 Buena Vista Avenue East. (Explanatory documents include a staff report and resolution.) (Bond Yee)

RESOLUTION 10-047

(10.3) Amending the Accessible Pedestrian Signals Request and Installation Policy to include the addition of language regarding requests by mail, inclusion of additional stakeholders, additional approvals within the jurisdiction of the Port of San Francisco, project timelines and requiring SFMTA Board approval for further changes to the policy. (Explanatory documents include a staff report, resolution and policy.) (Bond Yee)

RESOLUTION 10-048

(10.4) Requesting that the Board of Supervisors to consider adoption of a Resolution of Necessity for the acquisition of 266-286 4th Street for its fair market value; and if the Board of Supervisors adopts such Resolution of Necessity, authorizing the Executive Director/CEO to take such actions to proceed to acquire the Property. (Explanatory documents include a staff report, resolution and financial plan.) (Sonali Bose)

RESOLUTION 10-049

(10.5) Requesting that the Board of Supervisors to consider adoption of a Resolution of Necessity for the acquisition of 933-949 Stockton Street for its fair market value; and if the Board of Supervisors adopts such Resolution of Necessity, authorizing the Executive Director/CEO to take such actions to proceed to acquire the Property. (Explanatory documents include a staff report, resolution and financial plan.) (Sonali Bose)

RESOLUTION 10-050

(10.6) Authorizing the Executive Director/CEO to execute the First Amendment to the Agreement for the Purchase and Sale of Real Property to allow for an adjustment to the purchase price for property currently used as a bus loop at the intersection of Phelan Avenue and Ocean Avenue and grant a pedestrian access easement and a fire apparatus access easement. (Explanatory documents include a staff report, resolution, amendment and agreement.) (Sonali Bose)

RESOLUTION 10-051

(10.7) Amending the SFMTA Board of Directors’ Rules of Order Article 4, Section 1 to change the time for regular meetings of the SFMTA Board of Directors from 2:00 p.m. to 12 noon, effective May 1, 2010.  (Explanatory documents include a staff report and resolution.) (Roberta Boomer)

Item 10.7 was removed from the Consent Calendar at the request of a member of the public.

PUBLIC COMMENT ON 10.7:

David Pilpel stated that there are other ways to deal with the agenda and suggested starting the meeting at 12:45 p.m.  Lengthy meetings aren’t serving the public interest.

On motion to approve Item 10.7:

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

NAYES – Heinicke and McCray

RESOLUTION 10-052

On motion to approve the Consent Calendar (Item 10.1 D and E and 10.7 severed):

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

REGULAR CALENDAR

11.  Approving the SFMTA’s Fiscal Year 2011 Operating Budget in the amount of $749.5 million and the Fiscal Year 2012 Operating Budget in the amount of $768.8 million; certifying that the FY2011 and FY2012 Operating Budget is adequate in making substantial progress towards meeting the FY2011 and FY2012 performance standards; approving increases in various fines, fees, fares, rates and charges including transit passes and fares, neighborhood parking permits, temporary street closure permits, color curb fees, special parking citation fines, taxi service regulatory fees; and traffic permits, boot removal fee, auto tow and storage fees, cable car and historic street car rental fees, special collection fee, disabled parking citation fine and taxi service regulatory fees; authorizing the Executive Director/CEO to set transit fares and other charges based on the automatic indexing policy approved by the SFMTA Board; approving the request to waive fares on New Year's Eve 2010 and New Year's Eve 2011; authorizing the continuation of the Class Pass program with all colleges and universities in San Francisco; authorizing the implementation of short-term experimental fares; authorizing the execution of an agreement with BART to allow for use of the Muni Fast Pass on BART in San Francisco; authorizing the execution of an agreement with BART for the Municipal Railway to accept payment from BART for providing connecting bus service to BART stations; authorizing the execution of an agreement with BART, the Central Contra Costa Transit Authority, the Dumbarton Bridge Service Consortium, the Eastern Contra Costa Transit Authority, the Livermore Amador Valley Transit Authority, the San Mateo County Transit District, the Santa Clara Valley Transportation Authority, the City of Union City, the Western Contra Costa Transit Authority, and the City of Benicia to continue the BART Plus Ticket Program; concurring with the Controller’s certification that parking citation processing and collection; facility security services; paratransit services; parking meter collection and coin counting services; low-level platform maintenance services; and vehicle towing, storage and disposal services can be practically performed by private contractors at a lesser cost than to provide the same services with City employees; authorizing the SFMTA to continue to work diligently to develop new sources of funding for SFMTA operations; and authorizing the Executive Director to make any technical and clerical corrections to the budget and allocate additional revenues and/or discretionary revenues provided that the Executive Director/CEO shall return to the Board for approval of technical or clerical corrections that, in aggregate, exceed a five percent increase. (Explanatory documents include a staff report, resolution, certifications and budget.) (Sonali Bose)

Sonali Bose, chief financial officer, presented the report.

PUBLIC COMMENT:

Bob Planthold said there is something undone in the budget and it includes actions that will create civil rights liability.  If you reduce service, there will be bigger gaps in time and there will be longer runs.  Somewhere in the middle third of those runs, the buses will be full and seniors, people with disabilities and mothers with children will have to wait for another bus which wouldn’t be fair.  Their transfer will expire because they won’t be able to get on the next bus.  The SFMTA needs to adjust the time in the transfer policy.

Jacob Coley said there’s a problem with mayhem on the buses.  There is a need for more police on the buses which could be funded by fines.  If we were to get rid of stops, people could get to the end of the line quicker.   It’s mean to raise fares for the disabled and for seniors.   The SFMTA needs to lower fares and get rid of the transfer system. 

Ernestine Weiss expressed concern about the illegal sales of transfers.  She stated that she thought she had heard something about fare increases not being implemented for two years, and if that’s the case, she’s happy about that.

Deland Chan urged the Board to serve their community and not take from them.  Service cuts hurt some communities more than others.  A majority of people in Chinatown rely on public transit as a necessity and not a choice.  At peak hours it is impossible to get on a bus at certain stops.  Reducing the frequency of buses will subject the community to horrific delays.  The Board should reduce police work orders and it needs to have progressive revenue measures to address the budget. 

Choi Guang Ze stated that people rely on public transit and they want to see the SFMTA do the just thing.   He urged the Board not to balance the budget on the backs on those who can’t afford it.  Service cuts will require sacrifice from those who are already pushed to the limit.  The budget deficit disproportionately hurts those who are the most vulnerable.  Public transit is a necessity and not a choice.  There will be more overcrowding, less service and less safety.

Wong Hoi Chong, Community Tenants Association, stated that service cuts will reach into their empty pockets.  He urged the Board not to increase fares or reduce service.

Feiyi Chen, Chinese Progressive Association, urged the Board not to cut service and wondered why those with low-income have to pay whenever there’s a deficit.  A lot of workers have lost their jobs and are facing other cuts.  People who work at night will have to wait longer for a bus and it will be unsafe for them.  Riders are not the cause of the deficit and so the SFMTA shouldn’t be cutting their service.  The problems are internal and they need to be solved. 

Mrs. Sito stated that cutting service and increasing fares will have a big impact on her and her family.  They take the bus every day and they wait a long time for a bus.  The recent BART fare increase has created a hard financial situation for her family.

Jessie Yu states that she spends hours a day on Muni.  Another cut to bus service is going to impact her life and her work.  She urged the Board not to cut service that thousands of people depend on every day. 

Flor Ramos expressed concern about the service cuts, fare hikes and the way that the police are treating riders.  Fare increases are difficult for people who out of work.  Having to pay $70 for a fast pass is almost impossible for her and her children.  She stated that the police are cataloging immigrants as criminals and she is shocked to see how the youth are being taken off the bus.   

Beatrice Herrera said that POWER is part of a bigger coalition of community organizations.  They have been talking to the Police Department about why they were on Muni buses.  They were told that the police are there for security but asking people for identification doesn’t provide a sense of security on the buses.  Cutting service is a security issue.  More crowded buses will make people angrier because they don’t have other options.  The people don’t have the money to pay for the budget crisis.

Donaji Lona, POWER, stated that the SFMTA has to consider different scenarios when it makes decisions that impact the community such as the fact that buses will be full of angry people and buses won’t be able to pick up people in wheelchairs.  Consideration needs to be given to the fact that riders are doing everything possible to provide a meal for their family and they sometimes have to choose between that and paying for a bus.  The communities’ priorities should be considered.  Public transportation should treat people with dignity.  All communities will suffer with a 10% cut in service.  She urged the SFMTA to do all it can to create a safe and accessible system.

David Hardie stated that he thinks that there should be a limit to the amount of money that anybody who works at the SFMTA should make.  Nobody should make more than $100,000.

Doug Hayden, Crocker Galleria Farmer’s Market, stated that raising the bagged meter rate by 700% will ruin their market and will be a huge burden for the farmers.

Gail Laghi stated that she is dependent on Muni.  Service cuts that are made when schools get out will result in buses that are so crowded that people can’t get on.  If more service is cut on those lines, people will have even more trouble getting around.  Thought should be given to other areas that can be cut.

Jonathan North stated that signs on the buses say that the rate for a senior fast pass will increase but he had heard that the rate was not going to go up for a couple years.  If the rates do increase, it will mean that the rates will have doubled in one year. 

Miguel Garcia stated that the use of technology could improve the economy and the transit system because people can use a card that would bill them when they don’t pay. 

Vincent Martinez stated that whenever somebody misbehaves, they are removed to a sheltered area.  At the SFMTA, when a Muni driver is removed they keep the same salary.  It is not reasonable for somebody to be sheltered and still receive the same salary.  The SFMTA could save money by having drivers who know how to drive the bus rather than destroy it. 

Forrest Schmidt said that the primary concern about the budget is the 10% service cuts.  Information on the website is not easy to find and it’s hard to read.  The lack of detail makes it impossible for the public to have any meaningful input into the budget so they are left with the idea that management doesn’t want it. TWU has fountains of information about how things can be done better.  Management tried to poison the relationship between labor and the public.

Frank Lara stated that service cuts will affect many communities and they have had enough.  The community is upset.  They have been presenting their views for months but the SFMTA taking money from the poor and oppressed.  They aren’t taxing the rich. 

Marlene Tran urged the Board not to consider fare increases and service cuts.  Many seniors are non-English speaking.  The astronomical management salaries are astounding and they should take a cut in salary.  Only $500 is allocated for interpreters.  She asked the SFMTA to cut waste, restore cuts and consider other options.

David Pilpel stated that the Controller’s Report on work orders is pending and the Board should see that report before acting on the budget.   The details of the budget have not been made available instead the Agency has decided to charge for duplication of records.  The FY10 budget has not been balanced and the FY11/12 budgets rely on FY10.  Items in the resolution should be segregated.  There is no information about how the youth pass would work.  The calendar item authorizes the Exec. Director to set fares but that is for the Board to do.  The Transportation Authority clearly wants a lower level of service reductions.  He is not aware that environmental review has been done for the service restorations.  The budget should be continued to a special meeting.

Herbert Weiner stated that Mr. Ford and the SFMTA Board need to be better managed.  Seniors and people with disabilities will be hurt.  The Mayor has a limousine that should be taken away because it is underutilized.   People need bus service more than the Mayor needs his limousine.  These cuts are poison.  Corporations should be taxed instead.

Emil Lawrence stated that the SFWeekly article was scary and goes beyond anything he had envisioned.  The Board may have crossed the line for accounting fraud. In a world-wide contraction that affects everybody, the Board is not doing its job.  Executive management salaries are above what anybody envisioned.  There have been no cuts in overtime, in premium time or to pensions, instead there have been service cuts and an increase in citations. 

David Snyder stated that it was promising to see so many people in the audience who were opposed to the service cuts as it shows that they can stop the cuts.  Making the cuts permanent is inexcusable and irresponsible and it makes the Mayor and the Board hypocrites.  He provided options to the proposed reductions in service.

James Bryant, SEIU 1021, stated that subway staffing is crucial.  In the 1989 earthquake, station agents rescued and brought citizens out of the tunnel.  They are the first line of defense.  Station agents are retiring and being laid off.  He asked the Board to look into this staffing problem.

Christine Pyston stated that people’s income has been cut but the disabled pass is going up by another $5.  She thought there was a promise that the price wasn’t going to be increased.  This is a shame. 

Victor Gresser stated that not only do Muni employees ride Muni for free but their families do as well.  The most discount he ever received was 20% so he doesn’t understand “free”.  People can get information about bus service for free by calling “511” yet kiosks advertise “311.”  Calling “511” could possibly save $5.4m a year.  Legal fees could be reduced by 25%, saving another $3.3m.  The SFMTA needs to think about the safety of people on the bus as it considers these cutbacks. 

Barry Taranto questioned the cost-based recovery fees and taxi fees.  Driving a cab in San Francisco is not like New York City.  Bus drivers should get paid well.  The problem is with managers who hire people who aren’t nice.  The SFMTA should have a better screening process.  Drivers who don’t show up for work shouldn’t get paid.  

David Varnum stated that the budget proposals will drive people to their cars.  In February, the Board drastically increased disabled placard fines but they left other fines untouched.  The SFMTA has proposed a double digit increases in fares and service cuts.  This isn’t equitable.  The Board should increase all parking violations by $20-$30 or increase all to $100.  It should increase vehicle registration fees, expand parking meter hours and locations in order to properly fund Muni and keep San Francisco a livable city. 

Emily Lee, Chinese Progressive Association, stated that service cuts will affect a lot of members in Chinatown.  Cuts will disproportionately affect low income families.  People will have to wait longer for a bus that is already overcrowded.  The number of buses need to be increased to improve safety.   Cuts should be made to the police work order and the police should get out of “proof of payment” inspection.

Mark Gruberg stated that he couldn’t access the budget details.  The public shouldn’t have to seek the information out two or three days in advance of the meeting.  He expressed hope that the Board wouldn’t vote on the budget and there will be more opportunity to review it.  He can’t understand why there would be increases to taxi fees when there are millions of dollars in taxi medallion sales revenues.  These increases are unwarranted.

Alvin Sered stated that the budget needs refinement.  The city is paying big money for NextMuni.

He hopes that the CAC has reported on the limitations of NextMuni.com.  It would be nice if, at transfer points, drivers could honk their horn to let the other bus driver know that there are passengers who want to transfer to that bus.

Jessie Yu urged the Board not to cut services.  Working class families have been asked to pay more.  The police shouldn’t be doing fare inspections. 

Peter Witt said that he hadn’t noticed the increase in taxi fees.  It seems that all that the SFMTA is concerned about is its’ own income.  Taxi drivers don't have any representation.   UTW is not a union.  For the last five to ten years taxi drivers haven’t had a raise.  He questioned how taxi drivers could possibly afford to live in one of the most expensive places in the world without a raise.

Shane said that the Board is not doing its job.  Stuffing people onto one car during rush hour is impossible.  He would like a vote of no confidence in the Executive Director/CEO.  Mr. Ford and Mr. Haley should be ashamed that people are begging for a dollar to ride a bus but they take $550,000 home in salary every year. 

Chairman Nolan closed public comment and asked staff to provide information about the transfer policy in light of the service cuts and about 311 vs. 511. 

RESOLUTION 10-053

On motion to approve:

ADOPTED:  AYES – Beach, Heinicke, Lee and Nolan

NAYES – Black, McCray and Oka

12.  Presentation and Discussion regarding the FY2010 Q2 Service Standards Report.  (Explanatory documents include a staff report and scorecard.) (Sonali Bose)

Items 12 and 13 were called together.

PUBLIC COMMENT:

David Pilpel sated that the CAC reviewed the item.  A 2% increase in ridership is unrealistic if service reductions take effect.  Projections in the budget show that ridership has stayed the same or declined.  He suggested that the figures be reconciled.  He supports the items.

13. Adopting the SFMTA’s FY11/12 Service Standards and Milestones. (Explanatory documents include a staff report, resolution and service standards.) (Sonali Bose)

RESOLUTION 10-054

On motion to approve:

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

SPECIAL ORDER – 4:30 pm

14.  Approving and adopting amendments to Article 1100 of Division II of the Transportation Code, regulating Motor Vehicles for Hire to implement regulations governing the purchase and sale of Taxi Medallions as part of the Taxi Medallion Sales Pilot Program.  (Explanatory documents include a staff report, resolution and amendments.)  (Debra Johnson)

Items 14 and 15 were called together. 

Christiane Hayashi, deputy director, Taxi Division, presented the staff report.  Steven Stapp, San Francisco Federal Credit Union, discussed the service that they would be providing.

PUBLIC COMMENT:

Barry Taranto expressed disagreement with the $250,000 price for a medallion.  Detailed information should have been provided.  Having a term of 15 years for a loan defeats the purpose of the program.  People who have been on the list for 10 years will die before the 15 year term is over.  The SFMTA needs to study how much a cab generates per month so they would know how much money a cab driver takes home and therefore how much a driver could pay for a loan.

Mark Gruberg stated that having three days notice to review the material and then talk intelligently doesn’t work.  He noted a drafting error that says that if someone doesn’t accept the medallion that’s offered that they would be removed from the list.  There’s a huge potential for cab companies to get into the act.  Falling medallion prices could have dire consequences for drivers and for the public.  This is not thought through. 

Murai opined that Ms. Hayashi has done a beautiful job of getting various parts working together in a smoother way. People shouldn’t be taken off the list if they refuse a medallion.  Staff listened to all sides and brought the industry to consensus.  She added that while she liked the old way with no driving requirement, this is the best thing we can come up with for right now. 

Jerald Joseph stated that his firm offers financial loans.   San Francisco Urban was started to give back to communities and to first time home buyers.   They have a successful track record.  Home buying and buying a medallion is similar.  They would work closely with lenders to ensure that taxi drivers complete an accurate and complete loan packet and ensure that the process is smooth and clear.

Ed Healy stated that the legislation specifically says that if somebody doesn’t want to sell their medallion, they would maintain their place on the list.  There’s been a lot of misinformation and a false impression given about this.  This plan has been analyzed for six months but that doesn’t mean that this is the “end all and be all”.  The loan amount could be paid by a driver.  They have worked hard to ensure that people on the list would be able to get their medallion without paying for it if they didn’t want to. 

Charles Rathbone expressed support for the pilot program.  The main concern continues to be an exodus of medallions away from cab companies who have provided a great bulk of the service to neighborhoods and to the disabled. 

Carl Macmurdo stated that fundamental change was needed.  There are major liability and safety issues with elderly drivers.  This change allows drivers to go to lenders and builds equity for the future. 

Tara Housman stated that this shouldn’t have been scheduled on the same day as the budget.  People can’t speak intelligently in two minutes. The language that says that a driver who can’t complete financing will be removed from the waiting list should be struck.  She expressed hope for leniency for the full time driving requirement.  She questioned the fine for using non-emergency dispatch devices when a passenger was in the car. 

Robert Cesana expressed appreciation for bringing the pilot program to this point.  This is tremendously important because of the high percentage of older drivers who have no incentive to give up their medallion until they have a major health problem or are involved in an accident.  Cab drivers are well established, they have houses and they have been leasing medallions for many years.  The dire predictions are not true.  Staff has bent over backwards to make sure that nobody will be excluded.  

Dan Hinds stated that this program directly addresses the problem with elderly and disabled drivers and is a tremendous opportunity for people on the waiting list who have the chance to get a medallion years sooner.  They’ll be able to acquire it at a substantially reduced rate and at the end of the process, they will own it.   This transforms the system from people who are waiting for a medallion to investors. 

Hansu Kim expressed appreciation for the SFMTA’s leadership.  He stated that he has never seen the level of transparency and stakeholder input than for this pilot program.  All key concerns have been met.  There are ways for the elderly and sick to exit, for other cab drivers to obtain a medallion and provide money for the city. 

Jim Gillespie stated that he drove a cab for 29 years before he became a medallion holder and has had a medallion for 12 years.  Medallions used to be transferable.  Owners had a pride of ownership and service was paramount.  This has deteriorated over the past 30 years and going back to that will provide better service.

Peter Witt stated that this plan is poisoning the well and is moving towards a long term leasing program.  He questioned what kind of ownership there will be if the medallion can be taken away.  He wondered where the analysis was on the permanent impacts and unintended consequences.  He questioned whether ramped vans were valueless and if peak time medallions shouldn’t be part of the package.  Sell medallions will hurt taxi service.  Board members should drive a cab for one day.  The taxi industry isn’t for amateurs.  It’s not good to let the foxes watch the hen house.  The advisory board are members of a corrupt industry.

Barry Korengold stated that they were originally opposed to the idea but they worked through the issues at town hall meetings and so, they decided to compromise.  He expressed concern about selling new medallions.  The SFMTA needs to make sure that a majority of medallions go to the people on the list.  Most cab drivers don’t own houses and are in debt and getting a medallion is a step up.

Mike Spain stated that this action will be remembered for a long time.  Prop K wasn’t what people thought it would be.  There will be bumps moving forward but this Board will change the industry for decades.  Staff took on this task when nobody wanted to touch it.  This change pushes us into the future.

John Han stated that he likes being a cab driver.  Helping people gives him a sense of personal reward.  The chances are that no matter how good this pilot program may be a lot of drivers won’t benefit. The wait list to qualify for a medallion is long and it’s not reasonable for people who are far down the list.  Prop. K is only one aspect of the industry overall.   He has presented to staff his own ideas about creating a secondary class of medallions that could generate revenue for city, help address peak hour medallions and allow drivers to own their own cabs. 

Jane Bolig stated that this pilot program will do a lot of things for the industry.  It will help older, disabled drivers by having a dignified exit strategy.  It will provide money to the SFMTA and it will give younger drivers an opportunity to hold permits and to build equity.  It doesn’t deal with peak time service nor does it deal with the necessity of giving a majority of medallions to certain companies who have dispatch services.  The Taxi Advisory Council will review those issues and will make recommendations.  By December, the Council will have recommendations for a better program.

David Pilpel stated that both items take effect in 30 days.  He reviewed suggested changes to various pages to make the language consistent. 

Chairman Nolan requested a report regarding a secondary medallion.

RESOLUTION 10-055

On motion to approve:

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

15. Approving and adopting amendments to Articles 300 and 1100 of Division II of the Transportation Code, regulating Motor Vehicles for Hire to implement a revised penalty schedule for violations of Motor Vehicle for Hire regulations; prohibit Permit Holders from making false claims for payments; prohibit Color Schemes from retaliating against Drivers who elect not to open individual merchant accounts for credit card processing; establish procedures for issuing administrative citations for violations of the Motor Vehicle for Hire regulations; authorize Drivers to charge a cleaning fee and to collect bridge tolls in advance; and to establish a monthly fee for Medallion operation by Color Schemes pending Medallion re-issuance.  (Explanatory documents include a staff report, resolution and amendments.)  (Debra Johnson)

RESOLUTION 10-056

On motion to approve:

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

16. Approving the City of San Francisco Downtown Parking Corporation Fiscal Years 2011 and 2012 Operating Budget for the Fifth and Mission Garage. (Explanatory documents include a staff report, resolution and budget.)  (Bond Yee)

Item 16-21 were called together.

PUBLIC COMMENT:

Miguel Garcia stated that rich people and poor people donate money to help the city.  He stated that he doesn’t understand why people are fighting each other like animals.

RESOLUTION 10-057

On motion to approve:

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

17. Approving the City of San Francisco Uptown Parking Corporation Fiscal Years 2011 and 2012 Operating Budget for the Union Square Garage. (Explanatory documents include a staff report, resolution and budget.)  (Bond Yee)

RESOLUTION 10-058

On motion to approve:

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

18. Approving the City of San Francisco Uptown Parking Corporation Fiscal Years 2011 and 2012 Operating Budget for the Sutter-Stockton Garage. (Explanatory documents include a staff report, resolution and budget.)  (Bond Yee)

RESOLUTION 10-059

On motion to approve:

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

19. Approving the City of San Francisco Ellis-O’Farrell Parking Corporation Fiscal Years 2011 and 2012 Operating Budget for the Ellis-O’Farrell Garage. (Explanatory documents include a staff report, resolution and budget.)  (Bond Yee)

RESOLUTION 10-060

On motion to approve:

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

20. Approving the City of San Francisco Japan Center Garage Corporation Fiscal Years 2011 and 2012 Operating Budget for the Japan Center Garage. (Explanatory documents include a staff report, resolution and budget.)  (Bond Yee)

RESOLUTION 10-061

On motion to approve:

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

21. Approving the City of San Francisco Portsmouth Plaza Parking Corporation Fiscal Years 2011 and 2012 Operating Budget for the Portsmouth Square Garage. (Explanatory documents include a staff report, resolution and budget.)  (Bond Yee)

RESOLUTION 10-062

On motion to approve:

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

22. Adopting the Capital Program for FY 2011 and FY 2012 in the amounts of $375 million and $377 million respectively. (Explanatory documents include a staff report, resolution and capital projects.) (Bond Yee)

Item 22 was removed from the agenda.

23. 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.

RECESS REGULAR MEETING AND CONVENE CLOSED SESSION

CLOSED SESSION

1.  Call to Order

Chairman Nolan called the closed session to order at 7:02 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
  • Roberta Boomer, board secretary
  • Julia Friedlander, deputy city attorney
  • Debra A. Johnson, chief of staff/director, Administration
  • John Haley, chief operating officer
  • Sonali Bose, chief financial officer
  • Carter Rohan, senior director, Capital Projects and Construction

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. Ryan Berger vs. CCSF, Superior Ct. #CGC8479349 filed on 9/2/08 for $289,000

RESOLUTION 10-063

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

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

5. Pursuant to Government Code Section 54957.6(a) and Administrative Code Section 67.8, the Municipal Transportation Agency Board of Directors shall meet in closed session for:

CONFERENCE WITH LABOR NEGOTIATOR

            CCSF Representative: Debra Johnson and/or her designees

            Employee Organizations:

            IAM Local 1414, IBEW Local 6, SEIU Local 1021, TWU Local 200, TWU Local 250A and         MEA

            To discuss:

            _X_  Wages

            _X__ Hours

            _X__ Benefits

            _X__ Working Conditions

            _X__ Other    

ADJOURN CLOSED SESSION AND RECONVENE OPEN SESSION - The closed session was adjourned at 7:23 p.m.

24. Announcement of Closed Session.

Chairman Nolan announced that the SFMTA Board of Directors met in closed session to discuss Berger vs. CCSF with the City Attorney.  The Board of Directors voted unanimously to settle the case. The Board and met with their labor negotiator but took no action.  There was no discussion of anticipated litigation

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

On motion to not disclose the information discussed: approved.  Vice Chairman McCray voted against the motion.

Director Lee requested discussion of the deployment plan for Parking Control Officers at the next Policy & Governance Committee meeting.

Chairman Nolan presented plaques to Directors Black and McCray and expressed appreciation for their service as members of the SFMTA Board of Directors.

ADJOURN - The meeting was adjourned at 7:28 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 Avenue, Suite 220, SF, CA 94102-6027 or the web site: sfgov.org/ethics.


MATERIAL SUPPLIED BY PETER WITT FOR INCLUSION IN THE SFMTA’s MINUTES OF APRIL 20, 2010.  To ensure that the comments are accessible, this material is reproduced exactly as written below.  A PDF of the actual statement provided will be added to the printed meeting minutes.

To be entered in to the MTA minutes of April 20 th , regular meeting.

From Peter Witt

Item 9 .

I’ve surveyed Over 1,000 customers a year, For twelve years with a 93+ RETURN RATE .

I forgot two of  last years surveys did any one turn them into lost and found?

Those were 2009 samples … These are 234 collected so far for years survey.

It started out a simple survey but with 13 years of DATA …it’s a full blow study.

I don’t know why the TXC didn’t like me I’m just the messenger.

I think the data speaks for it self.

Unless your deaf Dumb and blind.

I see Muni data …..where’s your taxi-data.  What’s a peak-time and what’s a top light? What’s dispatch? And what’s ….a taxi stand?

Merely …a preliminary study ….It identifies and pin points where the problems are …and aren’t !

With an independent analysis and follow-up study.

It’s called …”Research and Development”.

OTHERWORLDLY……. known… as ….”customer service”.

To be included into the MTA April 20th minutes

Item #14

Where the figures and facts??????

What are the risks and what are the benefits????

With no study or analysis of the permanent impacts and the unintended consequences……

Board members your conducting and uncontrolled experiment with people’s lives

And …what about the ramp-vans ……are they value-less????

Shouldn’t they be part of the package too????

And why not??????

Is it that your afraid service will be hurt or is that…

No-one would want to buy one????

I believe Selling Medallions will hurt taxi-service.

I’ve been driving 20 years.  You should drive just one day.

Do you even mostly take cabs?????

Or do you mostly take Muni.

What form of transportation do you use MOSLTY .

I DRIVE A MOTOR-BIKE……MOSTLY.

THE taxi industry ….is not for armatures.

And when it comes to watching the hen house, ….it’s a good IDEA to let

……the foxs watch it.

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