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ORDER OF BUSINESS

1.  Call to Order

Chairman Nolan called the meeting to order at 2:05 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  

Board Secretary Boomer stated that the minutes had been amended to include a letter from Mr. Emile Lawrence regarding taxicabs.

On motion to approve the minutes of the April 7, 2009 Regular Meeting: unanimously approved as amended

5.  Communications

Board Secretary Boomer stated that the two reports regarding catastrophic loss and overtime scheduled for presentation as part of the Executive Director’s Report had been removed from the agenda.  In addition, the closed session had been cancelled.

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 announced the loss of John Byrd, Deputy Director, Rail Operations. 

Chairman Nolan stated that the meeting would be adjourned in his memory.

8.  Citizen’s Advisory Council Report

Daniel Murphy, Chairman, CAC presented the report. 

9.  Public Comment

Chairman Nolan stated that this public comment section and the Consent Calendar would be considered at the end of the meeting. 

Emil Lawrence stated the Board should look into Mr. Emmanuel Andreas’s issue and reinstate his driving privileges.  He presented a letter to Senator Feinstein regarding the sale of taxi medallions and Prop. K.

Barry Taranto stated that morning meetings are difficult for drivers.  He expressed concern about proposed rules and regulations and stated that it’s proper to have the same level of participation in rule changes as with the budget.  Color scheme changes should be approved by the Board. 

Tariq Mehmood stated cab companies from other cities used to pick up visitors in San Francisco but with changes to dispatch, service to outlying neighborhoods has improved.  Serious crimes are committed against taxi drivers every month. 

Hansu Kim discussed sensitivities in the taxicab industry and commended staff for their respect.  He stated that the SFMTA is needlessly alienating a large number of stakeholders because of the lack of transparency.   The SFMTA has a rare opportunity to raise revenue and fix long standing industry issues.

Barry Korengold, San Francisco Cab Drivers Association, discussed a new organization that was formed to represent cab drivers. It will address long-standing issues in cooperation with other organizations.

David Pilpel commended the Board for the decorum and respect shown to the public at meetings.   Mr. Pilpel asked for information regarding overtime for the FY09 and FY10 and expressed concern about overtime usage and its impact on service.   He asked the Board to encourage staff to present long-term revenue solutions.

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 the 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. Allstate Ins. vs. CCSF, Superior Ct. #477977 filed on 3/12/08 for $3,000
  2. Heather Edwards Azucar vs. CCSF, Unlitigated Claim #902510 filed on 3/16/09 for $6,134.88
  3. CCSF vs. Graebel Van Lines, Superior Ct. #CGC7470349 filed on 12/21/07 for $7,093.51
  4. Yusuf Taj vs. CCSF, Unlitigated Claim #802586 filed on 3/25/08 for $7,511.70
  5. Marilyn Ling Leung vs. CCSF, Unlitigated Claim #901116 filed on 10/10/08 for $12,000
  6. Dmytro Postovitenko vs. CCSF, Superior St. #476603 filed on 6/20/08 for $15,000
  7. Bernadette Price vs. CCSF, Unlitigated Claim #900349 filed on 8/5/08 for $35,000
  8. Ying Au Auyeung vs. CCSF, Unlitigated Claim #900538 filed on 8/22/08 for $45,000
  9. Nina Steiner vs. CCSF, Superior Ct. #483208 filed on 12/8/08 for $45,000
  10. Pamela Larson vs. CCSF, Superior Ct. #466231 filed on 8/15/07 for $70,000
  11. Kathleen Balles vs. CCSF, Superior Ct. #466199 filed on 8/17/07 for $87,500

RESOLUTION 09-057

(10.2) Approving the following traffic modifications:

  1. ESTABLISH - BLUE ZONE - 495 Hayes Street, south side, at parking meter # 435. 
  2. REVOKE - BLUE ZONE - 2100 Webster St., east side, from Sacramento St. to 20 feet northerly.
  3. REVOKE - METERED LOADING ZONE - 2100 Webster Street, east side, from 20 to 60 feet north of Sacramento Street, at parking meters #2104 and #2106. 
  4. ESTABLISH - SIX-WHEEL TRUCK LOADING ZONE, 8AM TO 6PM, MONDAY THROUGH SATURDAY - 2100 Webster Street, east side, from Sacramento Street to 60 feet northerly, at parking meters #2102, #2104 and #2106.
  5. ESTABLISH - BLUE ZONE - 2099 Webster Street, west side, from 0-feet to 20-feet, south of Sacramento Street. 
  6. ESTABLISH - BLUE ZONE - 648 Stanyan St., east side, from 3-feet to 21-feet, north of Page St.
  7. ESTABLISH - No Parking Anytime - Corwin Street, west side, from the driveway of 95 Corwin Street to 223 feet northerly. 
  8. ESTABLISH - Left Lane Must Turn Left - Howard St., eastbound, at The Embarcadero.
  9. ESTABLISH - Right Lane Must Turn Right - Howard Street, eastbound, at The Embarcadero. 
  10. ESTABLISH - ANGLED (60 DEGREE ANGLE) PARKING - Addison Street, south side, from 50 feet east of Farnum Street to 123 feet easterly. 
  11. ESTABLISH - BLUE ZONE - Addison Street, north side, from the west crosswalk crossing Addison Street to 18 feet westerly (18-foot zone). 
  12. ESTABLISH - NO TURN ON RED - 6TH Street, northbound, at Market Street; Golden Gate Avenue, southbound, at Market Street; Market Street, eastbound, at 6th Street; and Market Street, westbound, at Taylor Street.  (Explanatory documents include a staff report and resolution.) (Bond Yee)

Item 10.2 L was removed from the Consent Calendar at the request of a member of the public.

PUBLIC COMMENT:

Barry Taranto commended staff for enhancing public safety.  It’s dangerous to make a right turn on a red light at these intersections.  

On motion to approve Item 10.2 L:

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

RESOLUTION 09-058

(10.3) Authorizing the Executive Director/CEO to apply for, accept and expend FY2008-2009 Proposition 1B California Transit Security Grant Program funds in an amount not to exceed $7,070,567, plus any subsequent interest earned. (Explanatory documents include a staff report and resolution.) (Sonali Bose)

RESOLUTION 09-059

(10.4) Authorizing the Executive Director/CEO to execute an agreement with the San Francisco County Transportation Authority to provide assistance in conducting the Eastern Neighborhoods Transportation Implementation Planning Study for a contract amount not to exceed $199,470 and term not to exceed 30 months. (Explanatory documents include a staff report, resolution and contract.) (Carter Rohan)

RESOLUTION 09-060

(10.5) Authorizing the Department of Public Works to issue a bid call for DPW Contract No. 1577J: Accessible Pedestrian Signals (APS) – Phase 2 to install APS signals at 29 locations throughout San Francisco. (Explanatory documents include a staff report, resolution and financial plan.) (Bond Yee)

RESOLUTION 09-061

(10.6) Authorizing the Executive Director/CEO to execute the framework master agreement Contract No. 1226, Advanced Train Control System Improvement Services and Equipment Purchases Agreement, with Thales Transport & Security for an amount not to exceed $30,000,000 and an initial term of five years with an option to extend the contract for an additional three years. (Explanatory documents include a staff report, resolution and contract.) (Carter Rohan)

Item 10.6 was severed from the Consent Calendar at the request of a member of the public.

PUBLIC COMMENT on Items 10.6 and 10.7:

David Pilpel stated that ATCS was bad to begin with and resulted in increased costs and no improvements to subway capacity or safety.   This is throwing money away.

On motion to approve Item 10.6:

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

RESOLUTION 09-062

(10.7) Accepting the work performed under Contract No. MR-1034R, Procurement and Installation of an Advanced Train Control System with Thales Transport & Security as having been completed in accordance with plans and specifications and approving the closeout of the contract. (Explanatory documents include a staff report, resolution and financial plan.) (Carter Rohan)

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

On motion to approve Item 10.7:

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

RESOLUTION 09-063

On motion to approve the Consent Calendar (Item 10.2L, 10.6 and 10.7 severed):

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

REGULAR CALENDAR

11.  Public hearing to discuss the proposed operating Budget Amendment for FY2010 including increases to fares, fees, fines, rates and charges as well as transit service reductions and other expenditure reductions.  (Explanatory documents include a staff report and exhibits) (Sonali Bose)

Sonali Bose, Chief Financial Officer and Christiane Hayashi, presented the staff report.

Chairman Nolan asked the Board Secretary to first call on people who have not yet had an opportunity to address the Board.  He set a two minute time limit for each speaker.

PUBLIC COMMENT:

Speakers opposed to the proposal to auction taxi medallions:  Tim Donnelly; Carl Macmurdo, Tom Diesso, Blake Derby, Bill Mounsey, Ben Valis, Richard Moles, Anwar Faquiryan, Bader Ali, Beraki Ghebbemichael, Austin Peterson, Michael Gibbons, David Perlin, David Trotman, Frank Fahy, Mahendra, Jamshid Khajvandi, Thomas George-Williams, Mark Harris, Ed Healy, John Klein, Barry Taranto, Peter Witt, Bud Hazelkorn, Barry Korengold, Mark Gruberg, Joe Mirabila, Craig Wilson, Rua Graffis, Dave Schneider, Andrew Lindemann, Murai, Norma Geer, Colin Marcoux

Speakers opposed to the proposal regarding the 39-Coit line:  Phyl Smith, Adah Buike, Joan Wood, Patricia Cady, Gail Switzer, Dorothy Danielson, Sue Cauthen 

Speakers in support for auctioning taxi medallions:  Patrick Shannon, Ram Dhakal, Tariq Mehmood, Tone Lee, Michael Spain.

Speakers opposed to the proposal regarding parking garage rates and extending hours for parking meter enforcement:  Jim Lazarus

Speakers opposed to the proposal regarding the 26-Valencia line:  Darshan Gill, Herbert Weiner (who also expressed opposition to the proposal regarding the 2-Clement)

Jacki Sachs stated that schedules used to be published by Muni and Muni had a call center that was run by Muni employees.

David Hardie expressed concern about the 89-Laguna Honda line. 

Eric Carlson and Joan Downey discussed Rescue Muni’s recommendations. 

Lea Schick stated that people are concerned about service cutbacks. 

Hansu Kim discussed how to best move forward with the taxi industry.

Rohan Clarke suggested increased advertising as a means to increase revenue.  He also commented on fare evasion and broken fare boxes.

Marc McDonald, Treasure Island Development Authority, expressed opposition to the proposal regarding the 108-Treasure Island line and support for relocating bus stops.

Nelum Zia expressed opposition to the proposal regarding paratransit fares.

Diane Maluia expressed appreciation for extending service on the 35-Eureka to 10 p.m.

Dan Hines asked that the board consider basic structural needs such as the opportunity for people to enter and exit the taxi industry.

Razzu Engen, Transit Justice Project, expressed opposition to the taxi medallion proposal, service cuts, fare increases and support for fixing the Lifeline Pass.

Francisco Da Costa asked the SFMTA to pay attention to the Americans with Disabilities Act and to be mindful of the needs of elders.

James Muszalski expressed disapproval for balancing the budget on customers and support for cutting the salaries and bonuses.

Tom Radulovich, Livable City, expressed support for increasing parking prices and for finding additional sources of revenue.  

Roger Bazeley expressed support for raising rates, reducing the number of payment instruments and eliminating transfers.

Branton Burke expressed opposition to the proposal to end service on the 37-Corbett at 10:00 p.m.

Bette Landis expressed support for the 3-Jackson line.

Iris Biblowitz stated that politicians should be committed to public transportation.

Mike Spain expressed support for raising fares and opposition to service cuts.

Don Baker expressed concern about ending service on the 17-Parkmerced at 10:00 p.m.

Abdulhadi Yassin discussed how Muni drivers are trained.

David Pilpel stated that the SFMTA should try to maintain a maximum span of service on all routes to the greatest extent possible. 

Emil Lawrence stated that the budget punishes citizens, taxi drivers and riders.  He expressed support for reducing salaries by 25%.

Manish Champsee, Walk San Francisco, expressed support for increased rates for parking and stop consolidation.

Reggie McCray, TWU Local 200, expressed opposition to installing additional cameras on buses.

Mary McGuire expressed concern about the increase in taxi fees and the cost of 311 calls.

Fran Taylor expressed concern about the proposal to extend riders wait time for a bus.

Director Black requested information in writing regarding management positions, the fiscal emergency and staff furloughs.

12.  Declaring a fiscal emergency caused by the failure of agency revenues to adequately fund agency programs, facilities and operations pursuant to California Public Resources Code section 21080.32 and California Environmental Quality Act implanting guidelines. (Explanatory documents include a staff report and resolution.) (Sonali Bose)

PUBLIC COMMENT:

David Pilpel stated that he was not clear whether the SFMTA is eligible.  All that this does is allow the SFMTA to avoid environmental review.  The working capital calculations don’t segregate transfer revenues from non-transfer revenues and there is no disclosure of the number of impacted riders by line or community.  He asked the Board to defer action and recommended that the resolution be amended to delete the last two resolved clauses.

Irwin Lum, TWU-250-A, stated that the impact of cuts will be on various communities and so an EIR would be needed.  Changing travel patterns will impact seniors, disabled and the environment.  People are outraged over work orders.  Mr. Lum urged the Board to preserve service.

Emile Lawrence stated that the Board doesn’t recognize the economic impact of a long term downward trend.  Staff salaries should be cut by 25% immediately. Don’t raise fares or cut service. 

Mark Gruberg stated that he is concerned about how this would apply to taxis.  If there are more taxicabs on the street, an EIR should be required.  The industry is trying to reach a 20% reduction in emissions and more cabs on street means they won’t meet this goal.

Barry Korengold stated that the Board should cut its own salary by 25%.  Medallion holders and taxi drivers will suffer.  If you put more cabs on street, everybody’s income will be affected.  It is wrong to put taxis into the budget without a plan. 

Tariq Mehmood suggested running taxis on a shared basis along certain transit corridors such as Geary.  This will get people to their destination faster and taxis won’t run empty on those routes.  It would also reduce the number of Muni buses and employees. 

RESOLUTION 09-064

On motion to approve:

ADOPTED:  AYES – Beach, Heinicke, Lee, and Nolan

                      NAYES - Black, McCray and Oka

13. Approving a methodology for indexing charges by using a formula incorporating labor charges and the Bay Area Consumer Price Index to be applied to transit fares, parking citation fines, parking garage rates and other relevant charges beginning Fiscal Year 2011.  (Explanatory documents include a staff report, resolution and plan.) (Sonali Bose)

PUBLIC COMMENT:

David Pilpel states that he is generally supportive.  Further public notice for specific changes would still be required.  He wondered what the proposed rates would have been if this had been put into effect last year.

RESOLUTION 09-065

On motion to approve:

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

14. Adopting criteria establishing the type of information which would be sufficient to warrant an investigation into the illegal operation of a taxi business or vehicle, and establishing a fine in the amount of $5,000 for each violation.  (Explanatory documents include a staff report, resolution and Government Code.) (Christiane Hayashi)

PUBLIC COMMENT:

Barry Taranto expressed hope the Board will vote unanimously to approve this item.  He commented that the Board needs to hear from Sergeant Reynolds about enforcement.

Emil Lawrence asked the Board to knock the “fine stuff” off.  Everyone breaks the law daily and a $5,000 fine is absurd.  A company that is doing something illegal should be put out of business.     

Mark Gruberg urged the Board to pass the resolution.  There are fines that can be applied as administrative penalties but they aren’t enforcement.  This won’t be anything without enforcement.

Tariq Mehmood stated that they want to get rid of illegal limousines.  They should be put out of business.  It’s a good thing to have a $5,000 fine.

Barry Korengold stated that the language needed to be clarified so it’s clear that this relates to illegal cabs.  He suggested that staff get the money to enforce illegal cabs from illegal cabs and not from legal cabs. 

Abdulhadi Yassin states that he worked for a taxi company before he came to Muni.  Legal companies doing business in outer neighborhoods are being picked on.  Before you enforce fines, consider the needs of the city.

Hansu Kim encouraged support.  Illegal limousines and pirate taxis are one of the top three taxicab issues. 

RESOLUTION 09-066

On motion to approve:

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

15. Approving requested changes of Color Scheme affiliation from the following medallion holders:

Name of Applicant

Current Color

Scheme Affiliation

Requested Color

Scheme Affiliation

Medallion

Number(s)

William Q. Saw

Bay Cab

Vina Cab

1288

David A. Wong

San Francisco Taxicab

Vina Cab

1343

Lu Quang Lam

Bay Cab

Vina Cab

879

Kam Yain Wong

San Francisco Taxicab

Vina Cab

1372

Raymond James Larkin

Bay Cab

Vina Cab

235

Michelle Levin

Arrow Cab

Royal Taxi

19, 20, 21

Sandy Howell

Arrow Cab

Royal Taxi

13, 14, 15

Barry Alhadeff

Arrow Cab

Royal Taxi

18

Larry Alhadeff

Arrow Cab

Royal Taxi

16, 17, 23, 24

Frank Sinkovich

DeSoto Cab

Yellow Cab

391

Kurt Schumacher

Luxor Cab

Yellow Cab

1292

Tesfaldet Joseph

DeSoto Cab

Yellow Cab

303

(Explanatory documents include a staff report and resolution.) (Christiane Hayashi)    

PUBLIC COMMENT:

Barry Taranto stated that he doesn’t object to the color scheme changes but expressed concern whether Vina Cab is compliant with all rules and regulations.  Staff should make sure that cab companies operate appropriately before allowing medallions to be transferred.  An inquiry should be made regarding why so many medallion holders are leaving Arrow Cab.

Nishan Swei, Royal Taxi, stated that Royal Taxi is a good corporation with a good rating in the industry.  Companies should have a minimum of 20 cabs to be able to go into business.

Mary McGuire stated that nothing underhanded is going on.  There is a rumor regarding Arrow Cab going up for sale. 

RESOLUTION 09-067

On motion to approve:

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

                                  NAYES - McCray

16.  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.

No vote was taken.

Although the agenda for the meeting included a closed session, it was cancelled at the start of the meeting.

ADJOURN- The meeting was adjourned at 7:28 p.m. in memory of John Byrd.

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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