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ORDER OF BUSINESS 1. Call to Order Chairman McCray called the meeting to order at 2:06 p.m. 2. Roll Call Present:
Absent: Malcolm Heinicke – with notification 3. Announcement of prohibition of sound producing devices during the meeting. Chairman McCray 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 January 6, 2009 Regular Meeting: unanimously approved (Heinicke-absent). On motion to approve the minutes of the January 27, 2009 Special Meeting: unanimously approved (Heinicke-absent). 5. Communications Board Secretary Boomer stated that Item 12 regarding the Request for Proposals and Regulations for public garages had been removed from the agenda at the request of staff. The item in closed session regarding anticipated litigation had also been removed from the agenda at the request of staff. 6. Introduction of New or Unfinished Business by Board Members None. (6.1) Election of SFMTA Board Chairman and Vice Chairman pursuant to SFMTA Rules of Order No public comment. On motion to elect Tom Nolan as Chairman: ADOPTED: AYES – Beach, Black, Lee, McCray, Nolan and Oka ABSENT – Heinicke No public comment. On motion to elect James McCray as Vice Chairman: ADOPTED: AYES – Beach, Black, Lee, McCray, Nolan and Oka ABSENT – Heinicke 7. Executive Director’s Report (For discussion only)
Executive Director/CEO Ford presented Special Recognition Awards to Dana Walsh, Senior Administrative Analyst, Safety, Security and Enforcement; Nita Rabe-Uyeno, Parking Operations Manager, Off-Street Parking; Winnie Xie, Contracts Services Manager, Administration; David Greenburg, Deputy City Attorney; Sam Kuo, Automotive Mechanic, Kirkland, Muni Operations; and Charles Martin, Transit Operator, Presidio Division, Muni operations. Exec. Director/CEO Ford also discussed economic stimulus projects, the Culture Bus pilot project and increased fare revenues. Mr. Ford introduced Timothy Papandreou; Assistant Deputy Director, Transportation Planning and Development. Chairman Nolan stated that he would be stepping down as Chairman of the Policy and Governance Committee. Director Beach has agreed to serve as Chairman of the committee. Director Black will continue to serve as a member of the committee. Director Lee has agreed to be the third member. 8. Citizen’s Advisory Council Report Daniel Murphy, Chairman, CAC presented the CAC recommendations. 9. Public Comment David Turner introduced Valerie Taybron who talked about her return to work status. She requested that she be allowed to return to her permanent position at the Flynn Division. Douglas Johnson expressed concern regarding the 37-Corbett. For the past four years the bus has gone off route at Roosevelt Way and Buena Vista Terrace and they miss four stops. This happens between 10 p.m. and 1 a.m. and on the weekend. Mark Gruberg stated that UTW is concerned about the clamor to overturn taxi medallions in favor of a system whereby medallions would be bought and sold. This is being done because of money. Proponents are people who have received a medallion by paying a small fee, and now want to sell for it for thousands of dollars. This undeserved windfall will come out of the pockets of others, and ultimately, the public. Proponents will talk about the need for an exit strategy. There are better ways to raise revenue such as stepped up enforcement against illegal operators. Don’t view the taxi industry as a cash cow. Emil Lawrence stated that the SFMTA Board doesn’t deserve an award. No board member has the capability beyond a rubber stamp of Mr. Ford’s proposals. The Board signs off on everything that comes their way. Mr. Lawrence stated that he was given a ticket for picking up a handicapped person and he provided a copy of letter he sent. Mr. Lawrence stated that Mr. Ford had said that he would apply Prop. K but now it’s being thrown into the garbage as of March 1. Joe Walseth asked Muni to give as much attention to the safety of its’ riders as it does to collecting fares. His partner was assaulted and he is outraged that his partner had to endure abuse. He has also observed illegal and uncivil behavior. There needs to be a law enforcement presence on lines where incidents occur. Silvia Johnson stated people aren’t given a chance and we need to change. Terri Factora, Guadalupe School PTA President, stated that they had received word that they would receive a crossing guard. They have also heard that a stop sign is being recommended. Ms. Factora requested that the installation of the stop sign be expedited. Khagendra stated that Yellow Cab is the best company in town. Mr. Tariq Mehmood is helpful and doesn’t discriminate. He is knowledgeable about the industry and should be given the chance to represent drivers on a Taxi Advisory Committee. Tariq Mehmood stated that there are issues within any organization with 1500-2000 workers. You have to have a group of people who can talk to management up front. That’s the right way to solve issues rather than take to the streets. There’s another group that says it represents drivers but he has never seen more than 5-8 people at their meetings. This group has lost the respect of drivers. Blake Derby stated that Muni needs to collect more fares. People are getting on board through the back door. Taxi drivers are being denied their ADA rights. People are waiting in droves to drive his shift but his kids want him to be with them. Cab drivers are not operators, but are glorified drivers. The sale of medallions could be do-able but you would need to provide no-interest loans for people who have been driving for a long time. Revenues shouldn’t go to Muni but should be used to benefit taxi drivers. Martin Smith, Luxor Cab, stated that they look forward to Mr. Ford’s leadership. Ms. Hayashi has already reached out to companies. Asad, Yellow Cab Driver, stated that they have the best cab driver alliance. They can talk to management at any time. They know their issues and don’t need to be represented by anyone else. He requested consideration of Mr. Mehmoud as the driver representative. Tom Radulovich thinks that the CAC revenue suggestions are good. The City Charter charges the SFMTA Board to diligently seek new revenue sources and expressed hope that the Board will follow up on all of their suggestions. Some of the revenue proposals have different environmental impacts and could have a negative effect on transit and the city. As budget options are brought forward, the Board should ask if they take us in the right direction or the wrong direction and if they can be quantified in terms of environmental impact. People are looking for the least expensive transportation option. This is a time for progressive and sound revenue ideas. 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:
RESOLUTION 09-018 (10.2) Approving the following traffic modifications:
RESOLUTION 09-019 (10.3) Authorizing the Executive Director/CEO to accept and expend $825,200 in federal Safe Routes to School Program funds from Caltrans for the Outer Richmond Schools Project. (Explanatory documents include a staff report and resolution.) (Sonali Bose) RESOLUTION 09-020 (10.4) Authorizing the Executive Director/CEO to accept and expend $45,580, in Regional Signal Timing Program funds for the Market and Embarcadero Signal Retiming Project. (Explanatory documents include a staff report and resolution.) (Sonali Bose) RESOLUTION 09-021 (10.5) Authorizing the Executive Director/CEO to issue a Request for Proposal for Contract No. CS-160, Eastern Neighborhoods Transportation Implementation Planning Study and Environmental Review, to evaluate and select the highest-ranking proposer, and negotiate a contract for an amount not to exceed $500,000 and term not to exceed 24 months. (Explanatory documents include a staff report, resolution and RFP.) (Carter Rohan) Item 10.5 was severed by a member of the public. PUBLIC COMMENT: Tom Radulovich wondered whether the project conforms with city policy. The Board of Supervisors approved a resolution saying that before the Central Freeway is retrofitted, a study must be done. They also said that the Central Freeway should be renovated South of Market. Mr. Radulovich stated that he brought this policy to the attention of staff but was told that it’s not their place to look into it. It’s silly to study transportation patterns with an assumption that the Central Freeway will remain exactly as it is. Staff needs to re-examine what the Charter says about managing streets and then manage city streets in accordance with existing city policy. Norman Rolfe stated that staff at the Transportation Authority is difficult to work with. Transportation planning should be consolidated within the SFMTA. It’s a lot to contend with but the SFMTA needs to start thinking that way. Chairman Nolan stated that the item could be approved with additional direction to staff to deal with the issue raised by Mr. Radulovich regarding the Central Freeway. RESOLUTION 09-022 On motion to approve Item 10.5: ADOPTED: AYES – Beach, Black, Lee, McCray, Nolan and Oka ABSENT – Heinicke On motion to approve the Consent Calendar (Item 10.5 severed): ADOPTED: AYES – Beach, Black, Lee, McCray, Nolan and Oka ABSENT – Heinicke REGULAR CALENDAR 11. Adopting Article 1100 of Division II of the Transportation Code which regulates motor vehicles for hire including all Taxicab Commission regulations, policies and procedures; and delegating the power and obligation to conduct hearings to the SFMTA Hearing Section. (Explanatory documents include a staff report, resolution and regulations.) (Christiane Hayashi) Christiane Hayashi, Director, Taxicab and Accessible Services, presented the staff report. Ms. Hayashi offered an amendment to the regulations regarding the summary suspension of a permit. Ms. Hayashi read the proposed amendment into the record. The amendment was accepted by the SFMTA Board without objection. PUBLIC COMMENT: Mark Gruberg expressed appreciation that Ms. Hayashi had accepted the recommendation of the Citizens Advisory Council. Mr. Gruberg stated that he understands the need to have these rules in place for a smooth transition and expressed hope that staff is open to other changes. Mr. Gruberg stated that a Public Convenience and Necessity (PCN) hearing should be able to be appealed to the Board of Appeals. Appealing a decision to the court would be costly and cumbersome because the standard of proof is much higher. Emil Lawrence stated that he objects to the Mayor’s office sending another woman lawyer to serve as the Taxi Commission Director. Mr. Lawrence reviewed sections of the rules and regulations that were objectionable. The rules lack any discussion about back pay. Taxicabs should have the right to park on street. Dave Barlow, UTW, stated that he supports the recommendation of the CAC regarding the rules and regulations. Chairman Nolan stated that referencing the gender of an employee is contrary to city policy. Barry Taranto stated that the rules and regulations required more participation. Mr. Taranto expressed agreement with Mr. Gruberg regarding the role of politics in the decision-making process and that the decision about the number of medallions to put on the street should be appealable to the Board of Appeals. The SFMTA Board should also approve applicants for medallions as well as permits. Mr. Taranto stated that the proposed changes should be sent to the list maintained by the Taxi Commission. The person who heads the SFMTA’s Hearing Division did a poor job on two cases. Tariq Mehmood stated that they objected to the first draft but thinks that these new rules and regulations should be accepted. Ms. Hayashi will set up a group to resolve other issues in the future. Ms. Hayashi is honestly trying to solve issues. Blake Derby stated that Ms. Hayashi is more willing to talk than others and that the industry can work with her. He expressed agreement with regards to keeping the Board of Appeals in the loop as a fail safe measure. They’re an objective party. Mr. Derby expressed concern about some of the language but he will work it out with staff. Silvia Johnson stated that she has been part of an organization. People see the signs and things can be changed through a peaceful revolution. This is for our children. She stated that she had been working on this and all she had seen was a shut out. RESOLUTION 09-023 On motion to approve as amended: ADOPTED: AYES – Beach, Black, Lee, McCray, Nolan and Oka ABSENT – Heinicke Chairman Nolan read the city policy against harassment and stated that he would like to maintain grace and respect during the meetings. He stated that he intends to follow the policy closely and while the Board encourages strong opinions, they also want to encourage respect. 12. Authorizing the Executive Director/CEO to advertise a Request for Proposals for the Operation and Management of Parking Facilities and approving Parking Facility Operation and Management Regulations. (Explanatory documents include a staff report, resolution, RFP and regulations.) (Amit Kothari) Item 12 was removed from the agenda. 13. Approving the amendment to Section 902 of the Transportation Code, Division II, to add fees for motor coach substitution to be incrementally increased over a five-year period. (Explanatory documents include a staff report, resolution and amendment.) (Sonali Bose) Deputy City Attorney Friedlander noted that the item needed to be amended to specify that the rate is per “vehicle hour”. The amendment was accepted by the SFMTA Board without objection. PUBLIC COMMENT: Robert Leon, Haight-Ashbury Street Fair, expressed appreciation for the opportunity for the productive and constructive dialogue about how to reach a mutual conclusion. The proposal is one that both parties collaborated on and support and it’s a great example of how groups can work creatively to find solutions. Ted Fang, Asian Heritage Street Fair, stated that he would like to present an award for the way in which the agency worked with the community. He stated that they agreed to substantial increases to the fees because it helps the SFMTA get closer to cost recovery. This is an excellent example of a city agency working with the community. Staff was honest about the difficulties and was sensitive to the economic and cultural needs of the community. George Ridgely, Castro Street Fair, expressed appreciation to staff for listening to their concerns and allowing for a solution that benefits everyone. This plan addresses financial concerns and maintains the viability of their events. It was a great working relationship that constructively solved a problem. RESOLUTION 09-024 On motion to approve as amended: ADOPTED: AYES – Beach, Black, Lee, McCray, Nolan and Oka ABSENT – Heinicke 14. 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 (Heinicke-absent). RECESS REGULAR MEETING AND CONVENE CLOSED SESSION CLOSED SESSION 1. Call to Order Chairman Nolan called the closed session to order at 4:22 p.m. 2. Roll Call Present:
Absent: Malcolm Heinicke – with notification Also present:
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. Isaak Radomyslskiy vs. CCSF, Superior Ct. #CGC8475356 filed on 5/5/08 for $1,500,000 and waiver of SF General Hospital lien in the amount of $1,579,835.27 RESOLUTION 09-025 On motion to approve: ADOPTED: AYES – Beach, Black, Lee, McCray, Nolan and Oka ABSENT – Heinicke B. Anna Guzman vs. CCSF, Superior Ct. #466179 filed on 1/12/07 for $2,520,285.26 and waiver of SF General Hospital lien in the amount of $479,714.74 RESOLUTION 09-026 On motion to approve: ADOPTED: AYES – Beach, Black, Lee, McCray, Nolan and Oka ABSENT – Heinicke C. Coalition for Adequate Review vs. CCSF, Superior Ct. #505509 filed on 7/28/05 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 cases: CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation: __X__ As defendant or __X__ As plaintiff ADJOURN CLOSED SESSION AND RECONVENE OPEN SESSION - The closed session was adjourned at 4:32 p.m. 15. Announcement of Closed Session. Chairman Nolan announced that the SFMTA Board of Directors met in closed session to discuss the Radomyslskiy, Guzman and Coalition for Adequate Review cases with the City Attorney. The Board of Directors voted unanimously to settle the Radomyslskiy and Guzman cases. They took no action on the Coalition for Adequate Review case. 16. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved (Heinicke-absent). ADJOURN - The meeting was adjourned at 4:34 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 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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