SFMTA Board > April 5, 2011, minutes
ORDER OF BUSINESS
1. Call to Order
Chairman Nolan called the meeting to order at 1:05 p.m.
2. Roll Call
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 1, 2011 Regular Meeting; March 8, 2011 Special Closed Session and the March 22, 2011 Special Closed Session: unanimously approved (Heinicke-absent).
6. Introduction of New or Unfinished Business by Board Members
Chairman Nolan noted that this is the first meeting without Director Beach, who recently passed away. Director Beach loved the city and the SFMTA which he served so well. Chairman Nolan recommended renaming the Geneva Yard after Director Beach and requested a resolution from staff for approval at the next meeting.
Chairman Nolan appointed Director Jerry Lee as Chair of the Policy and Governance Committee. He asked members to alert the Board Secretary if they were interested in serving on the committee.
Director Oka suggested the Board close the meeting in Cam’s honor.
7. Executive Director’s Report (For discussion only)
Exec. Director/CEO Ford presented Special Recognition Awards to Buu Chung, transit operator, Green Division; Simon Chen, automotive mechanic, Flynn Division; and Leda Young, principal administrative analyst, Finance and Information Technology Division.
Director Heinicke arrived.
Exec. Director/CEO Ford also discussed Muni service to baseball games; the Clipper Card, SFpark and the APTA Legislative Conference.
Barry Taranto expressed sadness over the loss of Director Beach. Last week, Taxi Services sent information about the taxi stands for the Giants games however he hadn’t seen any emails about upcoming games. He hopes staff will let taxi drivers know where to go. The SFMTA has 21 PCO’s who could monitor cab stands and ticket town cars who will park there. He urged stringent enforcement.
Bob Planthold relayed anecdotes from the Senior Action Network regarding the Clipper Card. Whoever is writing clipper card reports may not be as observant as the customers. Seniors have difficulties with coding. Multiple fares are deducted when people transfer. Seniors also report that they can’t tell how much transfer time they have left. The card readers aren’t consistently placed which are a problem and a safety hazard. There has been no response from the SFMTA regarding the placement of the card readers.
8. Citizens’ Advisory Council Report
9. Public Comment
Bob Planthold stated that the SFMTA is trying to improve J-Church service and may install a left turn signal for the 22 Fillmore at 16th and Church Streets. He supports the plan. He commended a street supervisor for moving a truck and directing traffic. The supervisor and crew did a great job.
Saam Aryan, stated that the SFMTA’s funding of millions to an out of state company is not the solution. Drivers should pay 2% and not the 5% for the use of credit cards. The use of GPS is full of falsifications. It doesn’t present all of the facts. Information is being held in databases which can be accessed during the transaction process resulting in the misuse of personal information. This is a bad idea. 90% of the drivers are silent immigrants.
Julie Smolin stated that she received notification in the mail that her neighborhood will be getting permit parking. She signed a petition against it but was recently told that she was on the record as being in favor. She wants to be on the record as being opposed.
Douglas Lambert spoke on behalf of someone who was out of the state regarding permit parking on 21st Street. Three properties were wrongly shown to be in favor of permit parking.
Donald Stroh spoke about permit parking on 21st Street. Three properties changed their vote which tilted the balance. The “noes” predominate and therefore, the Board’s approval was based on erroneous information. He urged the Board to reverse the decision.
John Hill supports the previous speakers on 21st Street. Approving the permit parking was outrageous. There were three people at the hearing and a petition signed by 23 people who were in opposition. There was overwhelming support against this at the hearing. Hearing officers are employees of the Parking and Traffic division. They should recuse themselves because of bias.
Tariq Mehmood stated that the taxi drivers were unaware of the electronic waybill vote. Cab drivers at Yellow Cab are being charged 5% for credit card use. Cab drivers do not want to pay for it. Drivers are being overcharged. The SFMTA is cutting driver’s income when drivers don’t have money to buy food. He urged the Board to remove e-waybills and the 5% credit card charges..
Konstantine stated that illegal limos, more expensive cars and BART result in less money in a driver’s pocket. Drivers are losing 5% more with the new credit card fee. Drivers don’t support the new fee.
Tej Rai expressed opposition to electronic waybills and paying 5% for credit cards. He urged the Board to remove e-waybills and credit card charges. These cut our income and hurt our families.
Mary McGuire asked why the issue of credit card charges hadn’t been agendized as requested. She questioned why machines are being mounted in the back of taxis. She stated that the Board needs to ask who is profiting financially. There’s a whole schedule of fees that are being charged and middlemen are profiting. The SFMTA needs to find out how much radiation is being emitted from these machines. It is the Boards’ responsibility to ensure that the working environment is completely safe.
L. Singh stated that he is hurt by what is going on with taxi drivers. More electronic instruments are being added and he is concerned about radiation. The 5% credit card charge is too much. Business is already slow and gas is more expensive.
Mark Gruberg stated that for 15 years taxi companies couldn’t charge fees. This policy has been completely reversed and drivers are being asked to pay 5%. Cab companies are taking a kickback, exploiting drivers and taking a profit. There hasn’t been a meter increase in years. Drivers are being ignored. He urged the Board to act. The installation of communication technology has been a huge intrusion. We need guidelines, standards and rules about how the equipment is being used.
Barry Taranto stated that the Board isn’t being compassionate about drivers needs. The rule that says that the Board will hold hearings regarding a gate increase starting in 2010 and every other year thereafter is being violated. There isn’t a need for an RFP. If you pay drivers more money, you’ll get better service. Industry problems are being ignored.
Said Aboulaz expressed opposition to the 5% credit card charge. He asked why cab companies aren’t being asked to cut gate fees. Taxi drivers don’t have health care and other benefits. This makes taxi drivers modern slaves
Mourd Basso stated that drivers have been asked to give private information to out of state companies. We want to keep this a cash business. Hybrid cars don’t last as long as regular cabs and there aren’t spare cars.
Nabil Sarih stated that the cab business keeps going down. Drivers aren’t making money but are paying more for hybrids. We pay $7-10 extra for hybrid cars that often break down. We have no job security or health care. The Board has never asked what drivers want. Drivers don’t know how to check their pay online.
Roshan Bhatla stated that the Board is making laws without listening to what the drivers have to say. Many cab drivers can’t afford to attend meetings. Cab companies are imposing rules about paying for credit cards, waybills and cars. Drivers have to pay extra for hybrid cars which break down often. Drivers don’t want to pay 5% for credit card use because they already pay a gate fee.
Ashwani Aeri stated that taxi drivers don’t like the e-waybill system because it violates privacy. Drivers can’t afford the 5% credit card charges because they’re paying more for maintaining the hybrids. They haven’t had a gate increase in years and gas prices are increasing. He urged the Board to help.
Joha expressed opposition to the 5% credit card charge. Taxi drivers are paying higher gas prices and trying to take care of their families. They are being treated like criminals. Muni drivers are paid better. Muni doesn’t think about the health of the cab driver or providing insurance. Please help fight the 5% fee and the e-waybill.
Ivone Nance stated that cab drivers aren’t respected. Cab drivers work long hours and they don’t have time to eat. Most cab drivers are immigrants. It’s not fair to ask drivers to pay 5% for credit card charges. People don’t tip if they use a credit card.
Kulbir is against e-waybills and charging credit card fees. Everything keeps going up. He is supportive of cab drivers and urged the Board to help.
Kebret says that cab drivers are scared. Cab drivers are not able to make enough money to take care of their kids. They have been attacked and they get tickets from DPT.
Howard Strassner discussed how to improve the J-Church and the 14-Mission lines. Muni has the solutions but nothing ever happens. The SFMTA can do things with cars, spacing, adding bus bulbs and having fewer stop signs. Every stop doesn’t need a CEQA analysis. When improvements are made, there will be more riders. The SFMTA needs the support of its riders. He urged the Board to act.
Tone Lee stated that e-way bills and credit card charges are too much. Cab drivers are against both. Offering free equipment is like offering free cigarettes to youth. Drivers have to pay 5% in fees but don’t make more money.
Ahmad Albonyaa expressed opposition to paying the credit card fee and the electronic waybills which track cab drivers. He urged the Board to end the 5% fee. The cab companies are already making money and they don’t need more.
Arir stated that most people won’t tip when they pay with a credit card. It’s time to increase the gate fee.
Adnan Alaussan stated that cab drivers have to pay a 5% credit card fee which is too much.
An anonymous speaker stated that cab drivers don’t have any protection. He would like to know what the Board thinks.
Zuhir stated that since the SFMTA took over, nothing has been done for the cab driver. He expressed opposition to e-waybills and credit card fees
David Basada stated that the “bread and butter” for cab drivers is being damaged. He questioned the status of his sons on the medallion wait list.
Director Henicke requested an update on the Noe Valley RPP including rules if the majority changes. He also suggested the Taxi Advisory Council hold a hearing on the credit card charges.
Director Bridges requested additional research on the credit card privacy issue and how the 5% was determined.
Director Lee requested information on the steps the SFMTA is taking to circumvent limousines who are acting as taxis.
Director Nolan requested a report on the credit card charges. Exec. Director Ford stated that it would be presented in May.
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.
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. Sonia Rose vs. CCSF, Superior Ct. #CGC8481443 filed on 10/30/08 for $45,000
B. Tzu-Tien Huang vs. CCSF, Superior Ct. #CGC10497623 filed on 3/9/10 for $131,248
C. Warren and Karen Smith vs. CCSF, Superior Ct. #CGC10498328 filed on 4/2/10 for $320,000
D. Kit Fong and Kwan Hop Ma vs. CCSF, Superior Ct. #CGC10498312 filed on 4/1/10 for $475,000
(10.2) Authorizing the Executive Director/CEO to enter into Contract No. SFMTA-2009/10-59 with Verrus Mobile Technologies for Parking Meter Pay-by-Phone Services at no cost for a three-year term with two one-year extension options. (Explanatory documents include a staff report, resolution and agreement.) (Sonali Bose)
(10.3) Authorizing the Executive Director/CEO to execute Amendment Two to Contract CS-148, Glen Park Community Plan Environmental Impact Analysis and Transportation Feasibility Study, with PBS&J, to extend the contract from March 3, 2011 through December 31, 2011, with no change to the contract amount. (Explanatory documents include a staff report, resolution and amendment.) (Bond Yee)
(10.4) Authorizing the Executive Director/CEO to execute the Second Amendment to the Management Agreement with Five Star Parking for management of the Golden Gateway Garage; extending the terms of the existing agreement through February 29, 2012, with no change to the contract amount, and approving and authorizing the Executive Director/CEO to execute the Assignment and Assumption Agreement assigning Five Star Parking’s rights, duties and obligations to Ampco System Parking. (Explanatory documents include a staff report, resolution and amendments.) (Bond Yee)
(10.5) Approving the extension of the operating agreement between Downtown Parking and Ampco System Parking for the management of the Fifth & Mission Garage through May 31, 2012; the extension of the agreement between Uptown Parking and City Park for the management of the Union Square Garage through June 30, 2012; the extension of the agreement between Ellis-O’Farrell Parking Corporation and Parking Concepts for the management of the Ellis-O’Farrell Garage through April 30, 2012; the extension of the operating agreement between Japan Center Garage and Parking Concepts for the management of the Japan Center Garage through June 30, 2012. (Explanatory documents include a staff report and resolution.) (Bond Yee)
(10.6) Amending Division II of the Transportation Code to eliminate the Lost Parking Meter Revenue fee; establish a parking meter use fee of $5 per day per meter for non-construction related activities that do not require either a Temporary Exclusive Use Parking Permit or a Temporary Use or Occupancy of a Public Street permit; and increase the Temporary Exclusive Use Parking Meter Permit fee for construction related activities from $4 per linear feet of construction frontage to $5 per linear feet of construction frontage per day. (Explanatory documents include a staff report resolution and amendments.) (Bond Yee)
(10.7) Authorizing the Executive Director/CEO to execute the Agreement with BART for payment of transfer trips, for the term from July 1, 2009 to June 30, 2010 and to negotiate future agreements using a methodology that more accurately reflects the costs to the SFMTA and is subject to inflationary adjustments. (Explanatory documents include a staff report resolution and amendments.) (Sonali Bose)
(10.8) Authorizing the Executive Director/CEO execute a Cooperative Agreement with BART for the reimbursement of costs incurred related to BART’s’ activities to accommodate Central Subway work at the BART Market Street tunnel and the BART Powell Street Station, in an amount not to exceed $5,000,000 and for a term not to exceed 10 years. (Explanatory documents include a staff report, resolution and agreement.) (Carter Rohan)
(10.9) Approving a Lease with Hudson 1455 Market for a Portion of the 7th Floor, Locker Room Premises on the 1st Floor and Bike Room Premises on the 3rd Floor for the SFMTA Transportation Management Center. (Explanatory documents include a staff report, resolution, lease and budget.) (Sonali Bose)
On motion to approve the Consent Calendar:
ADOPTED: AYES – Bridges, Brinkman, Heinicke, Lee, Nolan and Oka
11. Directing staff to reopen the solicitation process for Request for Proposals #SFMTA 2009/10-14, Operation and Management of Parking Facilities, by issuing an addendum setting a new schedule of deadlines, authorizing prospective proposers to submit evidence of financial and experience qualifications, and revising the model agreement to reflect recent revisions to City law. (Explanatory documents include a staff report and resolution.) (Bond Yee)
Mark Gleason asked for the most expeditious award possible. The operation of the garages is currently unstable. They want transparency. Some of the instability is due to poor decisions over revenue control. Revenue control is an important issue to Muni riders who are dependent on garages as a revenue stream.
Barry Taranto questioned why staff was going out to bid again when contracts have already been awarded. Apparently there were private meetings where a decision was made to rebid the process. Something seems to be not on the “up and up” about this. He urged the Board to conduct audits to make sure the city gets its’ due amount.
Hansu Kim stated that this is about corruption. The SFMTA took Barbara Chance’s recommendation and a small operator won the bid. This Board asked for this to get going but a representative of one of the big companies intervened which resulted in the bids being thrown out. The City Attorney conducted an investigation. The SFMTA is corrupt in its bid process.
Whitney Leigh stated that he filed a complaint alleging that many statutes have been violated. He urged the Board to give it due consideration. The allegations can hardly be believed. The facts will show that the City Attorney’s report is an embarrassment and a whitewash. The City Attorney should not have participated in the investigation as one of the companies involved in the shakedown is a major contributor.
On motion to approve:
AYES – Bridges, Brinkman, Lee and Nolan
NAYES – Oka
RECUSED – Heinicke
12. Presentation and discussion regarding SFMTA System Safety and Security. (Explanatory documents include a slide presentation.) (Reginald Mason)
Reginald Mason, director, Safety, Training, Security and Enforcement and Deputy Chief John Murphy presented the staff report.
Barry Taranto stated that the report did not include taxis. Drivers are still getting attacked. Reports aren’t being distributed to cab drivers in a timely manner so they can be on the look out for suspects. The Board needs to hear a report on the enforcement of illegal taxis and limousines.
Bob Planthold asked the Board to look at the data. There are mistakes in the cumulative totals. The data needs to be corrected to be reliable.
13. Presentation and discussion regarding the Transit Effectiveness Project’s Draft Implementation Strategy. (Explanatory documents include a staff report and plan.) (John Haley)
Julie Kirschbaum, manager, Transit Effectiveness Project, presented the staff report.
Howard Strassner stated that this is exciting and hopes that there will be money to fund these changes. Bus bulbs are a good thing and cars will learn that they have to wait. People will complain about stop spacing but the SFMTA has to look at the entire line and how much time will be saved. Installing benches will allow older folks to rest.
14. Presentation and discussion regarding the FY11 Second Quarter Service Standards. (Explanatory documents include a staff report and scorecard.) (Sonali Bose)
Travis Fox, deputy director, Information Technology and Performance presented the staff report.
No public comment.
Director Lee requested that a report on system performance be provided on a monthly basis. John Haley, director, Transit Operations, replied that the information can be provided.
15. Presentation and discussion regarding Central Subway Local Hiring Opportunities. (Explanatory documents include a slide presentation.) (Carter Rohan)
Virginia Harmon, manager, Equal Opportunity Office, presented the staff report.
Eddie Ahn, Brightline Defense Project, stated that they are excited about the project but have concerns. He questioned how much the SFMTA had spent on consultants and in preparing local workers. He asked why the SFMTA hadn’t spent money on local hiring and how much workforce experience the SFMTA had.
Jenny Lam, Chinese for Affirmative Action, stated that the practice of good faith was not working. This is an opportunity to train and build a workforce. She questioned how much the SFMTA had spent previously in workforce development and urged the SFMTA to invest further.
16. Presentation and discussion regarding a 2010 Proof of Payment Study regarding changes in fare compliance patterns. (Explanatory documents include a staff report and study.) (Sonali Bose)
Sonali Bose, director, Finance and Information Technology, presented the staff report.
No public comment.
17. 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 (Oka-absent.)
RECESS REGULAR MEETING AND CONVENE CLOSED SESSION
1. Call to Order
Chairman Nolan called the closed session to order at 5:03 p.m.
2. Roll Call
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
A. J. Malhi/Clay Oven Restaurant vs. CCSF, Unlitigated Claim #1002338 filed on 2/4/10 for $143,265.87
On motion to approve:
ADOPTED: AYES – Bridges, Brinkman, Heinicke, Lee, Nolan and Oka
4. Pursuant to Government Code Sections 54956.9 (b), and Administrative Code Section 67.10 (b) (2), the Municipal Transportation Agency Board of Directors will meet in closed session to discuss attorney‑client matters in the following case(s):
CONFERENCE WITH LEGAL COUNSEL
__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
TWU, Local 250-A; TWU, Local 200 and IBEW, Local 6
_X__ Working Conditions
6. Pursuant to Government Code Section 54957.6 and Administrative Code Section 67.10 (e), the Municipal Transportation Agency Board shall meet in closed session for:
CONFERENCE WITH LABOR NEGOTIATOR – UNREPRESENTED EMPLOYEE
SFMTA Representative: Tom Nolan, Chairman, SFMTA Board of Directors
Employee: Nathaniel P. Ford, Sr., Executive Director/CEO
Contract: Appointment and Compensation Employment Agreement:
_X__ Working Conditions
7. Pursuant to Government Code Section 54957 (b) and Administrative Code Section 67.10 (b), the Municipal Transportation Agency Board will meet in Closed Session to discuss and take possible action to appoint a successor to the incumbent, Nathaniel P. Ford Sr. in the event of a vacancy in that position:
PUBLIC EMPLOYEE APPOINTMENT/HIRING: Executive Director/CEO
ADJOURN CLOSED SESSION AND RECONVENE OPEN SESSION - The closed session was adjourned at 5:57 p.m.
18. Announcement of Closed Session.
Chairman Nolan announced that the SFMTA Board of Directors met in closed session to discuss J. Malhi/Clay Oven Restaurant vs. CCSF with the City Attorney. The Board of Directors voted unanimously to settle the case. The Board discussed anticipated litigation but took no action. The Board discussed labor negotiations with their representative but took no action. The Board discussed labor negotiations with an unrepresented employee and public employee appointment but took no action.
19. 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 5:58 p.m. in memory of Cam Beach.
A tape of the meeting is on file in the office of the Secretary to the San Francisco Municipal Transportation Agency Board of Directors.
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.
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