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ORDER OF BUSINESS

1.  Call to Order

Chairman Nolan called the meeting to order at 9:05 a.m.

2.  Roll Call

Present:  Leona Bridges – absent at roll call

               Cheryl Brinkman

               Malcolm Heinicke  

               Jerry Lee

               Tom Nolan

               Bruce Oka

               Joél Ramos

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 June 21, 2011 Regular Meeting: unanimously approved (Bridges-absent).

5.  Communications

None.

6.  Introduction of New or Unfinished Business by Board Members

Director Lee requested a report on the consolidation of facilities and whether the anticipated benefit came to fruition.

Director Bridges arrived.

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

    -Special Recognition Award

    -Ongoing Activities

Executive Director/CEO presented Special Recognition awards to Frank Torres, Station Agent, Transit Services; Luis Larios, Transit Operator, Woods Division and Kathryn Nicholas, Executive Secretary, Sustainable Streets.

8. Citizens’ Advisory Council Report

No report was made.

9. Public Comment

Rua Graffis stated that it is the charge of the SFMTA to oversee Muni, DPT and cab drivers. Cab drivers have the least protection, no benefits and need the most support. Last week there was a rally to show how drivers feel about credit card charges and fees. She had two resolutions from the SF Labor Council urging the SFMTA to halt all efforts for e-waybills and halt cab companies from passing on merchant fees or forcing drivers to set up their own accounts.

Mark Gruberg, UTW, stated that Willie Brown had commented on the injustice of credit card charges for drivers. He expressed support for Ms. Hayashi and hopes she continues.  She isn’t biased.   He stated that he deplores the charges against her that she wasn’t hearing sufficiently from cab drivers. He expressed hope that everyone understands the depth of driver dissatisfaction.

Tariq Mahmood questioned who was sharing the five percent credit card charge. He stated that Ms. Sonali Bose’s memo says there are other towns where the charges are made however, there are differences.  He expressed hope that the rally showed the extent of driver dissatisfaction. He stated that drivers didn’t personally attack Ms. Hayashi but he urged the Board to ask her to leave. He urged the Board to remove the back seat terminal, the credit card charge and the e-waybills.

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) Approving the following traffic modifications:

  1. ESTABLISH – RESIDENTIAL PERMIT PARKING AREA T, 1-HOUR LIMIT, 8 AM TO 1 PM, SCHOOLDAYS; and RESCIND – 1 HOUR LIMIT, 8 AM TO 1 PM, SCHOOLDAYS – 100 block of O'Shaughnessy Boulevard, both sides of the frontage road, south of Portola Drive.
  2. ESTABLISH – MID-BLOCK CROSSWALK – Gilman Avenue, approximately 370 feet east of Arelious Walker Drive.
  3. ESTABLISH – BUS ZONE – Ocean Avenue, south side, 46 feet to 166 feet west of the northbound I-280 on-ramp.
  4. ESTABLISH – TOW-AWAY NO STOPPING ANY TIME – Jackson Street, north side, 106 feet to 145 feet east of Sansome Street. (Explanatory documents include a staff report and resolution.) (Bond Yee)

RESOLUTION 11-084

(10.2) Authorizing the Executive Director/CEO or his designee to execute and file an application/claim with the Metropolitan Transportation Commission for allocation of operating assistance from Transportation Development Act, State Transit Assistance, AB1107 One-Half Cent Sales Tax, and Regional Measure 2 funds for Fiscal Year 2012 to the support the operating budget in an amount not to exceed $100 million (Explanatory documents include a staff report, resolution and Opinion of Counsel.) (Sonali Bose)

RESOLUTION 11-085

(10.3) Authorizing the Executive Director/CEO execute an agreement with Tom Otterness Studio to design, fabricate and transport artwork under the supervision of the San Francisco Arts Commission and consult during installation in the Moscone Station of the Central Subway Project in an amount not to exceed $750,000 and for a term from March 1, 2011 to December 31, 2018. (Explanatory documents include a staff report, resolution and agreement.) (Carter Rohan)

RESOLUTION 11-086

(10.4) Authorizing the Executive Director/CEO execute an agreement with Paramedia to design, fabricate and transport artwork under the supervision of the San Francisco Arts Commission and consult during installation in the Union Square Market Street Station of the Central Subway Project, in an amount not to exceed $536,550 and for a term from March 1, 2011 to December 31, 2018. (Explanatory documents include a staff report, resolution and agreement.) (Carter Rohan)

RESOLUTION 11-087

(10.5) Authorizing the Department of Public Works to award DPW Contract No. 1500J:  Parking Guidance System and Pavement Renovation Project, to Ghilotti Bros. for installation of variable message signs and related communication infrastructure; and for pavement renovation and curb ramp work, for a total contract amount not to exceed $4,287,785, and not to exceed 270 calendar days.  (Explanatory documents include a staff report, resolution and financial plan.) (Bond Yee)

RESOLUTION 11-088

(10.6) Authorizing the Executive Director/CEO to execute a Lease with Yosemite Investment and DLAI Investment for approximately 35,021 square feet of space at 1590 Yosemite Avenue for the Sustainable Streets Division’s Paint Shop activities and to provide indoor parking for vehicles and equipment, with an initial five-year term, plus extension and purchase options at an initial rent expenditure of $420,252 per year. (Explanatory documents include a staff report, resolution and lease.) (Sonali Bose)

RESOLUTION 11-089

(10.7) Authorizing the Chief Executive Director/CEO to execute an amendment to the Senior and Disabled Fast Pass® Pilot Program Agreement with the San Francisco Bay Area Rapid Transit District to extend the pilot program through January 31, 2012. (Explanatory documents include a staff report, resolution and amendment.) (Debra Johnson)

RESOLUTION 11-090

(10.8) Approving amendments to the Collective Bargaining Agreement between the SFMTA and the Transit Workers Union, Local 200, effective July 1, 2011. (Explanatory documents include a staff report, resolution, agreement and cost analysis.) (Debra Johnson)

RESOLUTION 11-091

(10.9) Approving amendments to the Collective Bargaining Agreement between the SFMTA and the Transit Workers Union, Local 250-A (9132), effective July 1, 2011 through June 30, 2014. (Explanatory documents include a staff report, resolution, agreement and cost analysis.) (Debra Johnson)

RESOLUTION 11-092

No public comment.

On motion to approve the Consent Calendar:

ADOPTED:  AYES – Bridges, Brinkman, Heinicke, Lee, Nolan, Oka and Ramos

REGULAR CALENDAR

11. Approving amendments to the Collective Bargaining Agreement between the SFMTA and the Transport Workers Union Local 250-A, 9163 Transit Operators, effective July 1, 2011 through June 30, 2014.  (Explanatory documents include a staff report, resolution, agreement and cost analysis.) (Debra Johnson)

No public comment.

RESOLUTION 11-093

On motion to approve:

ADOPTED:  AYES – Bridges, Brinkman, Heinicke, Lee, Nolan, Oka and Ramos

12. Awarding Contract No. 1252, Third Street Light Rail Program, Phase 2 Central Subway – Tunneling to Barnard Impregilo Healy Joint Venture in an amount not to exceed $233,584,015 with a contract term of 1150 calendar days. (Explanatory documents include a staff report, resolution and financial plan) (Carter Rohan)

Carter Rohan, Deputy Executive Director, presented the staff report. 

PUBLIC COMMENT:

Ernest Brown, DUSA/Flatiron, expressed his respect for staff and the importance of the project.  He stated Flatiron would respect the Boards’ decision but raised the issue of tunneling experience of Barnard Impreglio. Barnard has great experience but after reviewing their proposal DUSA/Flatiron believes that they didn’t meet the SFMTA’s requirements. The bids are only a half of a percent different.

Staff requested the resolution be amended to read: That contingent upon action by the San Francisco County Transportation Authority allocating up to $57 million in Proposition K funds to the project, the SFMTA Board of Director awards Contract No. 1252, Third Street Light Rail Program, Phase 2 Central Subway – Tunneling to Barnard Impregilio Healy Joint Venture in an amount not to exceed $233,584,015 with a contract term of 1150 calendar days including bid options.

On motion to amend the resolution to approve the item pending action by the San Francisco County Transportation Authority to allocate Prop. K funds for the project:

ADOPTED:  AYES – Bridges, Brinkman, Heinicke, Lee, Nolan, Oka and Ramos

RESOLUTION 11-094

On motion to approve the item as amended:

ADOPTED:  AYES – Bridges, Brinkman, Heinicke, Lee, Nolan, Oka and Ramos

13. Recommending that the Board of Supervisors approve the Third Amendment to the Armed and Unarmed Security Services Agreement with Cypress Security for a total contract amount not to exceed $34.5 million and an additional three-year term to continue to provide security services at SFMTA facilities. (Explanatory documents include a staff report, resolution and amendment.) (Reginald Mason)

Reginald Mason, director, Safety, Training, Security and Enforcement presented the staff report.

No public comment.

RESOLUTION 11-095

On motion to approve:

ADOPTED:  AYES – Bridges, Brinkman, Heinicke, Lee, Nolan, Oka and Ramos

14. Approving the Fourth Amendment to the Agreement with Serco to replace, upgrade and add parking meters; conduct an education campaign and expand the pilot testing of new residential parking management strategies in support of the SFpark Pilot Project and to increase the contract not-to-exceed amount by $22,000,000. (Explanatory documents include a staff report, resolution and amendment.) (Sonali Bose)

No public comment.

RESOLUTION 11-096

On motion to approve:

ADOPTED:  AYES – Bridges, Brinkman, Heinicke, Lee, Nolan, Oka and Ramos

15. Approving a Regional Bicycle Share Pilot Program Intergovernmental Agreement between San Francisco, San Mateo County Transit District, Redwood City, San Mateo, the Santa Clara Valley Transportation Authority, and the Bay Area Air Quality Management District to deploy 1,000 bicycles regionally at up to 100 stations along the peninsula transportation corridor, with 500 bicycles and approximately 50 stations in San Francisco and $682,500 in local match starting in spring 2012 andanticipated to be in effect until September 30, 2013.  (Explanatory documents include a staff report, resolution and agreement.) (Bond Yee)

Bond Yee, director, Sustainable Streets presented the staff report.

PUBLIC COMMENT:

Leah Shahum stated that she was pleased to see so much support for this item. She thanked Mr. Ford and Mr. Rohan for their continuous support of bike projects, school area safety, and a healthier San Francisco.

RESOLUTION 11-097

On motion to approve:

ADOPTED:  AYES – Bridges, Brinkman, Heinicke, Lee, Nolan, Oka and Ramos

16. Presentation and discussion regarding the DriveCam Project. (Explanatory documents include a slide presentation.) (Reginald Mason)

Reginald Mason, director, Safety, Training, Security and Enforcement 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.

On motion to invoke the attorney-client privilege: unanimously approved.

RECESS REGULAR MEETING AND CONVENE CLOSED SESSION

CLOSED SESSION

1.  Call to Order

Chairman Nolan called the closed session to order at: 10:11 a.m.

2.  Roll Call

Present:  Leona Bridges

               Cheryl Brinkman

               Malcolm Heinicke  

               Jerry Lee

               Tom Nolan

               Bruce Oka

               Joél Ramos

3.  Pursuant to Government Code Section 54956.8 and Administrative Code Sections 67.8 (a) (2) and 67.12 (b) (1), the Municipal Transportation Agency Board of Directors/Parking Authority Commission will meet in closed session to discuss real estate negotiations:

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Properties:


· 933-949 Stockton Street,

Persons negotiating:


·       Kerstin Magary,
·   Tom Lakritz

Parties negotiating:


· James Sheh

Under negotiation:

Price: ___ Terms of Payment: ___ Both: X

RESOLUTION 11-098

On motion to approve:

ADOPTED:  AYES – Bridges, Brinkman, Heinicke, Lee, Nolan, Oka and Ramos

Also present: Nathaniel Ford, executive director/CEO

Caroline Celaya, assistant board secretary

Julia Friedlander, deputy city attorney

            Sonali Bose, finance officer, Finance and Technology

           Kerstin Magary, senior manager - Real Estate Section, Finance andTechnology

            Tom Lakritz, deputy city attorney

4. 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.:

PUBLIC EMPLOYEE APPOINTMENT/HIRING: Executive Director/CEO

Also present: Julia Friedlander, deputy city attorney

ADJOURN CLOSED SESSION AND RECONVENE OPEN SESSION - The closed session was adjourned at 10:40 a.m.

18. Announcement of Closed Session.

Chairman Nolan announced that the SFMTA Board of Directors met in closed session to discuss real estate matters with their negotiator.  The Board of Directors voted unanimously to authorize a payment of $146,000 to James Sheh as compensation for the value of the loss of goodwill and the non-moveable fixtures of X-Press Hair Salon resulting from the condemnation of the Property at 933-949 Stockton Street.  The Board also met in closed session to discuss the appointment of an acting Executive Director/CEO.  The Board 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.

20. Appointing an acting Executive Director/CEO, effective July 1, 2011 who shall serve until such time as a permanent successor is appointed. (Explanatory documents include a resolution.)

Chairman Nolan moved to appoint Debra Johnson to serve as acting Executive Director/CEO until such time as a permanent successor is appointed.

No public comment.

RESOLUTION 11-099

On motion to appoint Debra Johnson to the position of acting Executive Director/CEO:

ADOPTED:  AYES – Bridges, Brinkman, Heinicke, Lee, Nolan, Oka and Ramos

ADJOURN - The meeting was adjourned at 10:58 a.m.


A tape of the meeting is on file in the office of the Secretary to the San Francisco Municipal Transportation Agency Board of Directors.

Roberta Boomer
Board Secretary

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