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ORDER OF BUSINESS

1.  Call to Order

Chairman Nolan called the meeting to order at 2:03 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

On motion to approve the minutes of the January 5, 2010 Regular Meeting: unanimously approved.

5.  Communications

None.

6.  Introduction of New or Unfinished Business by Board Members

Chairman Nolan announced that CAC member Norm Rolfe had passed away and acknowledged him for his passion and respect.  He stated that the meeting be adjourned in his memory.   Daniel Murphy, Chairman, CAC, spoke about Norm’s contribution to public transportation and San Francisco. 

(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, Heinicke, Lee, McCray, Nolan and Oka

On motion to elect James McCray as Vice Chairman:

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

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

  • Ongoing Activities

Executive Director/CEO Ford reported that the Central Subway Project was granted approval for entry into final design by the Federal Transit Administration.

8. Citizens’ Advisory Council Report

Daniel Murphy, chairman, Citizen’s Advisory Council, presented the report.

9.  Public Comment

Bob Planthold expressed concern over the lack of quality decision making.  The Board has ducked issues such as moving Muni onto Mission Street.  The Board hasn’t earned the public’s trust.

Steve Pitocchi, SEIU 1021, stated that a resolution of the budget issues will require a reasonable solution.  The agency will save $300,000 in one month by not going forward with layoffs.  He urged the Board to extend layoffs until February 28.

Adell Scott stated that the SFMTA can’t depend on bad behavior by the public to balance the budget.  He urged the Board to extend layoffs until all avenues have been explored.

James Bryant stated that SEIU delivered additional money through the passage of Prop. A.  Members wanted to help save their jobs but now car cleaners, clerical workers, and custodians are losing their jobs.  He asked the Board to look at SEIU’s alternatives.

Leah Berlanga, SEIU 1021, stated that they have been working hard to identify efficiencies and other revenue.  Laying off fare collectors is a bad idea because buses don’t have enough people to collect coins.  When cash boxes get full operators will have to let people ride for free.    Ms. Berlanga requested an opportunity to help before drastic cuts are implemented.

Mary Walker expressed concern over the layoffs and budget cuts.  Fare gates are not modernized nor equipped to accept fares.  Revenue staff is needed to sell tickets until systems can be upgraded.  There needs to be revenue support at the Embarcadero station for events such as the Emerald Bowl. 

Vera Haile spoke about the difficulties of living on a fixed income in San Francisco.  Seniors face a rapidly shrinking income and they depend on Muni. 

Andre Norman stated that health and safety will be compromised if buses aren’t cleaned.  Car cleaners disinfected buses to keep them clean after the flu epidemic happened.  People won’t ride filthy buses which will result in lost revenue. 

Frank Black spoke about Proposition E which he said, stressed the system, staff performance and customer service. All three will be affected by employee cuts. We don’t have enough people now to do the work and we’ll lose more money if people are laid off. 

Craig Martin, Convenient Parking, discussed the request for proposals (RFP) for management of parking garages.  It appears that someone is exerting undue influence over this process.  It seems that the prior decision to go forward is being held hostage.  He asked the Board to review the situation.  Staff casted its’ net and got its’ results, now it is time to move forward.

Fred Bekele stated the issue with the RFP is that one company isn’t happy with his company and with the award so they’re trying to block it.  We’re ready to go forward.  We have rightfully won this RFP and there is no reason not to go forward. 

Simon Brown stated that the RFP system should be maintained. It provides a fair and translucent process for participation.  Compromising is short sighted, won’t guarantee that the best individuals will get the job, and that minorities will receive a level playing field. The bid should be awarded.

Charlie Walker stated that nothing ever comes from testifying before the Board.  Nobody did anything after he commented about the left turn signs on Third Street.  Nobody has thought about putting parking lots in the Bayview.  42% of black men in San Francisco are unemployed and then, when one is involved in a parking lot, you say you’re going to sell the lot.  Something is wrong with this.  Only white people understand how the system works.

Stephen LaMell stated that he received a layoff notice.  He’s been working at the SFMTA for two years and is opposed to these cuts.  There’s a lot of bureaucratic red tape at the top that can be cut.  The people of San Francisco will be ill served by the cuts and the fact that they’ll have to ride dirtier buses.  Most of the cuts are to people of color.

Tariq Mehmood stated that transit lanes and forward facing cameras are causing trouble for cab drivers.  There is no place to stop at the Embarcadero Centers.  Taxi drivers are getting ticket after ticket for doing their job.

David Pilpel stated that Norm Rolfe was contentious and passionate and not mean spirited.  He expressed interest in a report that followed up on the July 2009 West Portal incident. The hiring of a Deputy Executive Director at a considerable salary is an incredibly bad idea.   The agency should cancel the Central Subway Project.  He asked if the agreement with the Golden Gate Bridge District required action by the Board of Supervisors.  The agency’s photographer is being laid off but she does good job, including maintaining the agency’s valuable photo collection.  The proposition that established the SFMTA is now ten years old and there should be some reflection on how the experiment turned out.

Tommy McGowan stated that staff has been cut so that, on the weekend, there is one person to clean vehicles.  Public safety has been cast away. The Board should come to a yard and see how the buses are being trashed. 

Lourdes Alarcon expressed concern about health issues with buses being dirty because car cleaners are being laid off.  This will affect children and seniors. She urged the Board to not lay off car cleaners.

Fran Taylor stated that workers have been treated with the same kind of contempt as the riders.  Riders aren’t customers, they are hostages.  Every minute added to the schedule will add time and more customers.  It will also increase commute time.  Many low paid workers use the F line to get to work. 

Bud Hazelkorn, UTW, discussed the disappearance of taxi enforcement.  Before, when a taxi driver was attacked, bulletins would have been posted at all cab companies that gave details about the suspect and provide information about protocol.  The elimination of the taxi detail is a travesty.

Marlene Tran stated that Muni’s TEP didn’t involve community input during the critical stages.  Some people only found out about the changes after they were approved.  The city’s serious fiscal crisis hits low income people hard.  Money was wasted by needlessly renumbering buses.

Giovanna Soto stated that she is scared that she’ll get infected because the SFMTA is laying off bus cleaners.  Students will pass on infections.  Big groups of kids take Muni for field trips and there’s a lot of dirt on buses.

Louis Pillon stated that historically public transportation was wonderful. It was done by horse and carriage and it attracted tourists.  In past two decades, transportation has become a blight.  The issues within the SFMTA are institutional.  He has not received a penny from the SFMTA since he was rear ended by a 71 line bus. 

Joe Mirabile, UTW, stated that the Mayor said that he would protect Prop. K and respect the will of the voters but that hasn’t happened.   The SFMTA is going to turn the cab industry upside down.  There is a lack of initiative and imagination that will leave the industry at the mercy of unsympathetic people. 

Reginald Drake stated that the Muni Revenue division is planning to close the place that sells passes at the Montgomery Station.   That place makes money.  Buses are filthy.  We need to get decision makers to sit with SEIU to rescind layoffs so we can get on the right track. 

Abe Dabis stated that employees have done all they can to help the SFMTA but the SFMTA is about to make a bad decision that will put PCO’s into a crisis situation.  PCO’s bring in revenue.  Those who are being laid off work on Saturdays and Sundays.  The SFMTA isn’t seeing the big picture. 

Blake Derby stated that San Francisco is being touted as a green city.  Muni isn’t sustainable but taxis are.   Income could be gained by collecting fares.  The top paid person shouldn’t be paid more than four times what the lowest paid person is paid.  If everyone who makes over $100,000 took a year off the budget crisis would be solved.  The SFMTA hasn’t done anything about illegal limos. 

Wayne Basker stated that he is scheduled to be laid off on Friday.  There is something fundamentally flawed in the accounting that has been provided to the Board.  PCO’s facilitate the safe, continuous flow of traffic during peak periods.  There is a depth and broad scope to what PCO’s do.  PCO’s help keep the city running smoothly and they are a good investment. 

Barry Korengold stated that the job of a cab driver is one of the most misunderstood jobs.  They pick up strangers, dodge drunk drivers and red–light runners.  Last week a driver was stabbed.  Nobody is enforcing illegal limos and the taxi detail was eliminated.  We need to have staff in order to deal with our issues and come up with solutions. 

Francoise Spiegelman stated that San Francisco cab drivers are ambassadors to visitors to the city.  They would like to be respected for what they offer.

Ed Healy stated that taxi drivers can’t do their job if they’re arbitrarily being given tickets.  Dealing with crimes against cab drivers is a low priority for policy makers.

Mark Gruberg stated that information about incidents should be provided to all dispatchers so it can be given to drivers.   This is the third time that a really serious taxi matter has been pushed behind another issue on the agenda.  He requested that taxi issues be scheduled at the top of the agenda or scheduled for a special meeting.

Katherine Roberts stated that parking control officers have a hard job and need to be acknowledged.  They need to be empowered to ticket people.  If they ticketed violators, we would have the money to fix the budget deficit. 

Tone Lee stated that San Franciscans are spoiled.  Costs are going up.  People want more but want to pay less.  It will cost you two dollars to get on a subway in New York City and another two to get off.  He stated that he would clean buses if given a free fast pass.

Emil Lawrence stated that the SFMTA Board doesn’t know how to cut the deficit or cut red ink.  Cab drivers are not making what they made two years ago.  Layoffs should start at the top.  Pensions should be cut at the top.  Payroll should be cut by 35% or more.  There are more than enough meter maids for two counties.

Peter Kirby expressed concern about what may happen to the taxi medallion wait list.  He is opposed to any reform.  The current system works well.  The proposed reforms will diminish opportunities for drivers and will kill the dream of many who are hoping to get a medallion.

Tom Radulovich, Livable City, stated that last year they urged the Board of Supervisors to overturn the budget.  There was a deal struck with Mr. Ford to bring forward a proposal to extend meter hours.  Prop. A gave the SFMTA a strong mandate to reduce greenhouse gas emissions.  The current policies to raise fares and cut service will drive people away from public transit and won’t get us to the goal of reducing emissions by 20%. 

Ron Fishman stated that cameras on Muni buses are used to ticket cab drivers.  UTW told him that cab drivers have the right to use bus stops to pick up and drop off people.  He urged the Board not to ticket drivers who use bus zones or for parking in driveways to pick up passengers.

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. Lidia Corona vs. CCSF, Superior Ct. #CGC7470395 filed on 12/24/07 for $10,000
  2. Charles Recio vs. CCSF, Superior Ct. #CGC7468390 filed on 10/19/07 for $48,000

RESOLUTION 10-011

(10.2) Authorizing the Metropolitan Transportation Commission to program $1,600,622 in Regional Improvement Program funds for the Church and Duboce Pedestrian Improvement Project, the Phelan Loop Pedestrian and Beautification Project, the SF Bike Parking Program – Valencia Street and Mission District, and the Sunset Pedestrian Improvement Project and Safety Education Program. (Explanatory documents include a staff report, resolution and legal opinion.) (Sonali Bose)

RESOLUTION 10-012

(10.3) Adopting the SFMTA’s 2010 Advocacy Program.  (Explanatory documents include a staff report, resolution and program.) (Kate Breen)

RESOLUTION 10-013

No public comment.

On motion to approve the Consent Calendar:

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

REGULAR CALENDAR

11.  Presentation and discussion regarding the FY10 year-end budget. (Explanatory documents include a slide presentation.)  (Sonali Bose)

Sonali Bose, chief financial officer, presented the staff report.

PUBLIC COMMENT:

Bob Planthold stated that the presentation lacks enough information to make good decisions.  The job of finding $2 million in savings from work orders is not the job of the controller.  It is the job of the SFMTA.  He questioned the SFPD work order and why the SFPD can charge the SFMTA for doing the job they should be doing.  He has been sending e-mails to staff about why fare boxes are broken.  The figures presented have been made up and are without any substance.

Kevin Carroll, Fisherman’s Wharf Community Benefit District, expressed opposition to raising the F line fare to $5.  Workers can’t afford fast passes.  This won’t benefit employees, visitors, or residents. 

Keith Saggers expressed opposition to raising F line fares.   Parking meter rates should be raised. The Translink card works and should be pushed more. 

Donna Willmott, Planning for Elders, expressed opposition to raising the discount pass.  Seniors and peoples with disabilities have been subject to income and benefit cuts.  This would be crushing for people who have limited transportation options.  Transportation is a collective resource. 

Robin Clarke stated that Muni is broken.   There appears to be a systemic problem with Muni and change needs to start at the top, with the Board.  The economy is just an excuse.

James Sellman stated that as a car driver, he can do what he wants but as a Muni rider, he has to pay and he gets service cuts and fare increases.  Drivers get coddled.  Muni riders get punished.  

Arthur Gonzales stated that he doesn’t understand how the SFMTA will save money by fixing 85 buses in southern California and not having in-house mechanics rebuild transmissions and differentials.  SFMTA mechanics would do it better and faster. 

Henri Pan stated that he is outraged that the Board is raising fares and cutting service.    Seniors already have difficulty living in San Francisco so increasing the discount pass to $30 is a bad idea.  Drivers should be charged.

Sprague Terplan stressed that climate change imperils everyone.  Increases to fares will hurt families.  Instead the SFMTA could offer a discount price to families who travel on Muni with their children   Increasing the cost of the pass will drive people to cars. 

David Pilpel suggested that the Board publicize recent data on ridership.  The package that was presented doesn’t seem like a coherent plan.  It’s desperate and sad that we have to make these choices now.  It’s unrealistic that schedule changes will occur in two months. 

Sue Vaughan asked about the plan to make the city truly a “Transit First” city.   Parking meter hours should be expanded.  The status quo is unsustainable. 

Gerald Cauthen stated that many recognize the tough spot that the SFMTA is in. Muni used to be a key element in San Francisco’s economy.  The city is scrambling to find billions for a useless subway into Chinatown.  “Transit First” is nowhere close to being implemented.  He expressed support for any effort made to redirect capital funds to meet emergency operating needs.

Emil Lawrence wondered why there aren’t copies of the budget available.  He stated that he hasn’t seen any cuts to salaries.  There is no accountability.  He has been passed over for a budget analyst’s job.  

John Murphy stated that he is a regular rider.  The proposal is the opposite of the “Transit First” policy.  We’re “nickel and diming” riders and laying off low level staff.  The SFMTA needs to offer good service for a nominal cost for the public benefit.

Herbert Weiner stated that management needs to be reformed.  Incompetent manager should be fired.  It’s time to draw a line in the sand. 

Tariq Mehmood stated that he supports raising the F line rate by $5 because people will choose to take a taxi instead.  Half the meters are expired on every block which means that a lot of money is being wasted.  Parking Control Officers should be increased and should be urged to write as many tickets as they can.

Andre Spearman, SEIU 1021, expressed concern about current and future budgets.  He stated that he was insulted by the statement that ED/CEO Ford has met with SEIU and that proposals are being considered.  The relationship is damaged.   They would prefer to be in a more positive role to figure out both short and long term solutions. 

Linda Chapman stated that Muni seems to be unmanageable.  The SFMTA should look to federal personnel regulations as a model for how to deal with personnel.  The biggest way to save money is to end the central subway project.  The SFMTA is on the verge of a meltdown.  A tremendous amount of money is wasted on 311 calls.   Muni riders don’t have computers at home so they can’t get transit information.

Joe Mirabile called the idea of taxing cars the most creative idea he has heard.  Yanking money out of the taxi industry will damage the industry.  The SFMTA should go after creative ideas instead of turning the cab industry upside down. 

John Han stated that passengers who don’t want to pay their fare will go to the second car of a two car train.  Muni’s inability to collect fares is a problem.  Instead of laying off people, the SFMTA should add a fare taker for those cars.

Dave Snyder expressed concern about the SFMTA’s commitment to a safe public transit system.  The Bridge Board will have to make difficult decisions and they will have to raise fares and cut service but staff gave their Board a menu of choices to debate in a public and deliberative way.  SFMTA staff should provide choices.

Michael Kurpieski stated that the Board should consider the medallion plan

Dave Schneider asked for an explanation for why the Central Subway project is going ahead.   As a matter of priority, a line should have been built down Geary first.

12.  Presentation and discussion regarding options to reform the taxi industry.  (Explanatory documents include a slide presentation.) (Debra Johnson)

Christiane Hayashi, deputy director, Taxi and Accessible Services, presented the staff report.

PUBLIC COMMENT:

Joe Mirabile stated that you should tell people that you’re about to raise the meter rates.  Borrowing $250,000 to buy a medallion will mean that borrowers will have to pay $1600-$1800 per month for a long time.  As meter rates and gates increase, it will guarantee an increase in the turnover rate of cab drivers and the city will lose experienced drivers.  A Public Necessity and Convenience hearing hasn’t been mentioned.

Christopher Fulkerson stated that the sale of medallions is akin to the medieval practice by popes of selling salvation.  Selling medallions will result in a corporate structure and will result in a loss to San Francisco.  Medallions are not a commodity.

Bill Mounsey stated that the Board doesn’t care about taxi drivers or their business.  The Board is racist.  The city would break down without cab drivers.  Medallions are not a commodity. 

Mark Gruberg stated that there are dozens of unanswered questions.  This isn’t a proposal, it’s just an outline of a proposal.  They need to see the plan in writing.   This isn’t reversible.  This started as, and still is, a revenue-driven policy.  The public and drivers aren’t being served. 

Bud Hazelkorn stated that banks stopped lending money and are still not lending money.  Yellow and Luxor will lend money but they will take your medallion if you miss a payment.  This proposal eliminates the only reason that cab drivers stick around, that is, to receive a pension through a medallion. 

Charles Rathbone, Luxor, stated that Ms. Hayashi has earned their trust and confidence.  They don’t want this plan but they are pleased to support this plan without reservation and will use their talents and resources to make the plan a success.

Tariq Mehmood stated that he supported the sale of medallions five years ago.  Ms. Hayashi closed the waiting list without notice.  She should have provided notice to drivers in advance. 

(Director Lee left the meeting.)

Ben Valis stated that the system in place is a great system. He expressed appreciation for the town hall meetings and for crafting a somewhat equitable plan.  The plan has some flaws and will slow things down.  Being on the wait list gives cab drivers the chance to have the American dream. 

Saam Aryan stated that he had been a strong opponent but Ms Hayashi convinced him to change sides. 

Ron Fishman stated that medallions were supposed to be issued to people on the waiting list but there are 80 that have never been issued.  Issuing them to people rather than to cab companies would result in better customer service.  A 20% transfer fee on the sale of medallions is not fair.  The transfer fee in New York City is 4%.  A medallion sells for $80,000 in Chicago.

David Barlow stated that he has lost $60 waiting for this meeting to occur.  He expressed opposition to the proposal.  Thousands of cab drivers are being neglected and mistreated.  We don’t get health care or sick leave and we get shaken down every time we come to work. 

Ed Healy stated most of those who are complaining now didn’t attend the meetings.   Ms. Hayashi did a fantastic job given the variety of ideas presented.  The plan addresses older drivers currently driving and those on the list.  This proposal is more practical and is possible.

Emil Lawrence stated that the Board is sucking his blood and eating his flesh.  Cab drivers have no pension and no unemployment.  This plan hasn’t been voted on by the public.   The Board is doing the Mayor’s bidding. 

Mychael Monroe stated that San Francisco is the only city where you can’t buy a medallion.  The plan is well thought out.  Limousines take 50% of our business illegally.  If you stop the illegal limousines, you can issue more medallions. 

Blake Derby stated that he appreciates Ms. Hayashi and hopes that everyone can get what they want.   The money should go back to the industry.

Francoise Spiegelman stated that she has been waiting for a medallion for more than 20 years and is now number 27 on the list.   She expressed hope that solutions can be found for problems facing the industry. 

Barry Korengold expressed opposition to the sale of medallions to fix the city’s budget woes however most have been convinced by Ms. Hayashi that being part of this plan would be beneficial so they are going along.  He expressed hope that the pilot program would provide information about affordability for the average cab driver.  100% financial assistance must be provided and an alternative exit strategy must be offered. 

Dan Hinds, National Cab, commended Ms. Hayashi for making herself available to everyone and for adjusting her thinking in response.  This is a work in progress.   Prop. K is flawed.  Elderly drivers have no way to exit.  This is an attempt to allow elderly and disabled drivers to sell to people on the wait list at a fixed price.   There are advantages for them. 

Rua Graffis stated that no one would condone a developed country taking the resources of a third world country.  Cab drivers have no benefits.  This proposal helps a few medallion holders but not those without.   The plan puts those workers in jeopardy.  Ms. Graffis presented UTW’s proposal.

Dave Schneider recommended that the SFMTA proceed with the plan.  He expressed appreciation to staff for being proactive but added that the plan could be tweaked.  With regard to the recent stabbing, if the industry had centralized dispatch, information would have gone out to all cab drivers. 

Jim Gillespie, Yellow Cab Coop, commended staff for over 175 hours of outreach.  All factions appreciate these efforts.  Speakers opposed to this are afraid of the unknown.  Other cities think it’s crazy how we operate things here.  If the city could eliminate the illegal limousine business, the number of medallions could be increased 

Jane Bolig, SF Taxi Coalition, stated that this was a plan derived by consensus.  Those opposed to it had opportunities to participate but they opted out.  We all gave something up to achieve this.  This keeps medallions in the hands of drivers and gives younger drivers the chance to get a permit.  It gives older and disabled drivers the chance to move out and it provides revenue for the SFMTA.  Ms. Bolig expressed hope that the Board will allow it to go forward.

John Han expressed support for the single owner option in the proposal.  He commented that whether you maintain Prop K or move toward transferability, good drivers won’t be able to get a medallion.  This is supposed to be a business where drivers are self-employed but they are faced with restrictions from owning their own business.  They don’t have benefits or other protections. 

Victoria Lansdown stated that burdening an overworked, underpaid cab driver with Muni’s deficit is unconscionable.   She added that overall the process has been sound and she supports the plan.  This is making the best of a bad situation. 

Carl Macmurdo, Medallion Holder Association, expressed support for the program and applauded staff for their work.  This will allow older drivers to exit the industry.   It’s also an opportunity for people who are lower on the list. 

Mike Spain expressed appreciation to Ms. Hayashi for her work considering all of the forces involved in the industry.  Many are protecting their own self interests.  Nobody ever gives up their medallion.  Due process and the ADA law have prevented the city from revoking even one taxi medallion. 

Mary McGuire commended Ms. Hayashi for listening but doesn’t think that it’s a good idea for the SFMTA to get into the business of leasing medallions.   The fund for drivers is well intentioned but before a new one is created, the Board should find out what happened to revenue from the old fund.  The 60 medallions that the SFMTA are holding should be reissued.

Tone Lee stated that they would like to see more aggressive reform of the industry.  Drivers want to own medallions.   It’s hard to earn money in the business.  3000 drivers support 1000 medallion holders. 

Michael Gibbons stated that selling medallions may put drivers into debt and create hardship.  $250,000 is an arbitrary figure.   It’s hard to assess the real value.  San Francisco can’t be compared with other cities because Prop. K is unique. 

Jack Trad stated that he lobbied for Prop. K.  He attended the town hall meetings with Ms. Hayashi and thinks she has done a fantastic job.

Ali Shen expressed support for the sale of medallions.  All medallions should be sold to people on the waiting list.  This will help all drivers. 

Michael Santee urged the Board to approve the proposal.  There was poor foresight when Prop. K was created.  This proposal considers everyone and is extremely fair.  If cab drivers pay their taxes, they’ll have social security. 

Yossedek Desta stated that Prop K is that it hasn’t been operating under the principals of free enterprise.  Mr. Desta stated that he disagrees with anything that doesn’t comply with the principals of free enterprise.  He requested a copy of the proposal in writing.

Director Beach requested that staff provide a report regarding what they are doing and what can be done regarding illegal limousine service.

13. Approving Amendment #3 to the Appointment and Compensation Agreement between the City and County of San Francisco and Nathaniel P. Ford, Sr. to reduce the compensation paid to Executive Director/CEO Ford by 2% of his current base salary; extend the term of the contract through January 16, 2014; defer award of incentive compensation for FY2009; reduce Mr. Ford's entitlement to severance pay, and increase Mr. Ford's executive leave by five days per fiscal year. (Explanatory documents include a staff report, resolution and amendment.) (Roberta Boomer)

PUBLIC COMMENT:

David Pilpel stated that extending the contact is not warranted at this time.  It would be useful for Board members to serve on the TJPA and JPB Boards.  Other agencies appoint policy makers and not agency heads.  Mr. Pilpel requested that information regarding the cumulative total of benefits and leave time be disclosed.  

RESOLUTION 10-014

On motion to approve:

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

ABSENT - Lee

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 (Lee-absent).

RECESS REGULAR MEETING AND CONVENE CLOSED SESSION

CLOSED SESSION

1.  Call to Order

Chairman Nolan called the closed session to order at 7:08 p.m.

2.  Roll Call

Present: 

  • Cameron Beach
  • Shirley Breyer Black
  • Malcolm Heinicke   
  • James McCray, Jr.
  • Tom Nolan
  • Bruce Oka

Absent:   Jerry Lee

Also present:

  • Nathaniel Ford, executive director/CEO
  • Roberta Boomer, board secretary
  • Julia Friedlander, deputy city attorney
  • Debra A. Johnson, director, Administration, Taxi and Accessible Services
  • David Hill, chief operating officer
  • Jim Dougherty, chief safety officer

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:  

  1. Thomas Ogawa vs. CCSF, Superior Ct. #481555 filed on 11/30/08 for $20,000
  2. Eiad Eltawil vs. CCSF, Superior Ct. #CGC9484219 filed on 1/21/09 for $27,250
  3. Elka Maslyanko vs. CCSF, Superior Ct. #8478363 filed on 8/6/08 for $90,000

RESOLUTION 10-015

On motion to approve:

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

ABSENT - Lee

4.  Pursuant to Government Code Sections 54956.9, and Administrative Code Section 67.8 (a) (3) the Municipal Transportation Agency Board of Directors will meet in closed session to discuss attorney‑client matters in the following case:

CONFERENCE WITH LEGAL COUNSEL

Anticipated Litigation:

__X__ As defendant or __X__ As plaintiff

ADJOURN CLOSED SESSION AND RECONVENE OPEN SESSION - The closed session was adjourned at 7:13 p.m.

15. Announcement of Closed Session.

Chairman Nolan announced that the SFMTA Board of Directors met in closed session to discuss   the Ogawa, Eltawil and Maslyanko cases with the City Attorney.  The Board of Directors voted unanimously to settle the cases.   There was no discussion of anticipated litigation.

16. Motion to disclose or not disclose the information discussed in closed session (Lee-absent).

On motion to not disclose the information discussed: unanimously approved.

ADJOURN - The meeting was adjourned at 7:14 p.m. in memory of Norm Rolfe.

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.

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