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ORDER OF BUSINESS

1.  Call to Order

Chairman Nolan called the meeting to order at 1:05 p.m.

2.  Roll Call

Present: 

  • Cheryl Brinkman
  • Leona Bridges
  • Malcolm Heinicke   
  • Jerry Lee
  • 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

Director Brinkman requested that the minutes be amended to include her request for information regarding the SFPD work order regarding enforcement.  Chairman Nolan stated that the minutes would be amended.

On motion to approve the minutes of the April 19, 2011 Regular Meeting and the April 26, 2011 Special Closed Session: unanimously approved as amended.

5.  Communications

None.

6.  Introduction of New or Unfinished Business by Board Members

At the request of the Board, Bond Yee, Director, Sustainable Streets provided an update on the pedestrian safety issue at Geary and Parker Street.

Director Oka requested information regarding taxi drivers being ticketed for assisting people who need paratransit assistance.

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

  • Special Recognition Award
  • Ongoing Activities

Exec. Director/CEO Ford presented special recognition awards to Gary Wong, transit operator, Cable Car division, Transit Services and Jody McCown, traffic survey technician, Sign Shop, Sustainable Streets. 

Mr. Ford discussed the SFpark launch, Bike to Work Day, Caltrain service, the Cable Car Improvement Project; Taxi Town Hall meetings and security precautions.

PUBLIC COMMENT:

Firouz Mahdavi expressed opposition to the credit card fee and to e-waybills.  Cab drivers are already paying too much. 

Dominic Rodricks requested that agendas be posted at cab companies so companies and drivers are informed.  He expressed appreciation to the Board for their good work and for trying to improve the industry.

Mohammed Eddine expressed opposition to the credit card fee. He doesn’t want people to have access to his social security number.  Drivers have no choice.  The fee should be passed on to the passenger.

Jimmy Mankind is opposed to the invisible agenda that is coming down on cab drivers.  There is an alarming trend of things coming down against driver since the transition.  The industry can afford something better than a hybrid.  Drivers are being hit by the 5% credit card fee which I an extraordinary change since for the past year, companies were paying the fee.

Bill Mounsey stated that nobody gets an award for being a cab driver for 40 years.  He has been on the medallion list for 15 ½ years. The list hasn’t moved.  There is no representation of taxi drivers on the Board.  All things should be done away with. 

Eric Cragin stated that he wants 5% of the Board’s checks and for the Board to pay a 400% increase.  Cab drivers are not SFMTA employees.  He questioned how a third party vendor could be imposed on people who are not employees. 

David Nguyen stated that he is suspicious.   Companies want to install a credit card machine in cabs and charge drivers.  Drivers are scared.

Joe Donahoe thanked the SFMTA for turning the three minute renewal process into a three hour ordeal.  The SFMTA needs to decide whether cab drivers are employees, if they should have benefits.

Saam Aryan stated that cab drivers would be happy to be employees and get the same benefits as a Muni driver.  Cab drivers take home less money than an entry level Muni driver.

Tarek El Dardiri said that the charge is too high. Having their personal transactions go through the e-waybill gives access to parties that aren’t the IRS.  This isn’t right. 

Alok Dutt said it’s time to do the right thing.  Charging five percent is out of sight.  If this isn’t changed, he will go on a hunger strike.

Mychael Monroe stated that the five percent charge is ridiculous.  Customers don’t mind paying a fee.  He recently got a $35 tip because the customer thought it was a travesty.  Regarding e-waybills, cab drivers are not employees.  They’re independent contractors.  This tracks every move they make. This is setting up a lawsuit.

Adaha Moncada protested the credit card charge.  It was implemented before drivers were notified.   This takes his tip.  Put the 5% fee towards needed benefits.

Rajiv Shestha questioned the five percent and the promised benefits.  Cab drivers have to pay the gate and gas fee before they can make any money.  This is over what they can do.

Festus Ajayi stated that without drivers, there is no company.  The gate fee is paid in cash. Companies won’t take a credit card.  This is wrong and must be stopped because it’s too much.

Brad Newsham says it’s time for a strike to put the cab industry on the front pages.  No one knows the shenanigans.  In 2007 an anonymous politicians slipped three sentences into a bill that delivered the industry bound and gagged to the SFMTA. This has been a disaster.  The SFMTA has been taking millions from minimum wage earners.

Tariq Mehmood said that when cab drivers were in pain, the taxi director went on a fishing trip with cab companies.  Money was taken away from drivers by cab companies. 

Roshan Bhatta says that speaking to the SFMTA is a waste of time.  The SFMTA has to decide whether drivers are independent or not.  They wind up crippled and out of a job without benefits. Cab companies need to be controlled.  The SFMTA isn’t taking our side. 

Samir Pradhan stated that paying $15 per hour is hard to bear.   Drivers want choices.

Stephen Kadis stated that if e-waybill and other electronic systems go down and there won’t be any service.  The system could be down for days.  He is opposed to that system. 

David Passada stated this is capitalism at its worst.   He is trying to fight this proposition.

Gashau Ayele stated that cab drivers are wonderful and provide a key service to the city but the administration doesn’t see them as that.  Cab drivers don’t have $250,000.   The five percent fee is unbelievable.

Zuhir Sinada stated that the Board listens but does nothing.  If something isn’t done about the five percent fee and e-waybills, drivers will go on strike.  This will include hospitals, parks, the airport and Fisherman’s Wharf. 

Louis Nmezie stated that the credit card charge isn’t fair. Nobody likes this job.   There is no help if they get hurt or killed.  They deserve to be treated like citizens. Muni drivers get benefits. 

Albert Ma stated that cab drivers should have benefits.  The price of gas is high and the meter rate hasn’t increased in seven years.  The fee for credit card charges is ridiculous.  Robberies are heavy for cab drivers. 

John Gallardo stated that this is exploitation on the shoulders of the cab driver.  85% of the drivers have to pay the benefits for 15% of the medallion holders.  They would be happy with even half the benefits of a Muni driver.

John Han stated that he has a survey from cab drivers in New York that shows that over 30% of riders in New York said that televisions in a taxi are annoying.  Cab companies are charging drivers five percent to subsidize the cost of equipment purchase and maintenance but the ads on those TVs make money.

Sulieman Galli stated that gas prices and the credit card fees are killing them.  He asked the Board to be on side of families.

Mary McGuire discussed the level of radiation coming from the equipment.  Hundreds of cabs have been circling City Hall, waiting to speak.  She urged the SFMTA to talk to John Martin at the airport about how it felt to have the airport shut down for five days.  Drivers will shut down this city.  Unilateral decisions are coming from the top and people are not being listened to.

Ann McVey stated that there are alternatives to paying the credit card charges.  This was not done well. 

Mehary Testu stated that when they finish their shift, they go home empty.  He asked that something be done. 

Woldu Kelaty stated that everything is hard now.  The SFMTA should support them.

Soloman Testa wondered why it is important for the SFMTA to know the information received from e-waybills.   If it’s for future planning, there are other ways to get the information.  The money on the meter won’t be correct because sometimes drivers forget to turn on the meter.

Mark Gruberg stated Green Cab is the only company that is not passing on the credit card charges.  This is a tremendous outpouring of frustration about credit cards and waybills.  Its part of a pattern in which the costs and burdens are pushed onto the backs of people who can least afford it.  Get rid of credit card charges. 

Christopher Fulkerson hopes the Board appreciates the unanimity of this group.  The TAC is a smoke-filled conspiratorial sham.  They were voting on motions before allowing public comment.  The council is lopsided and recommendations aren’t representative of the industry. 

Victoria Lansdown stated that there is pervasive malaise but the industry is deep within the bureaucracy.  She wondered why cab drivers are subjected to back door deals.  They deserve their own division.

Francoise Spiegelman stated that taxi drivers are independent contractors but are treated like employees without benefits.  The credit card fee makes money for the banks but rob cab drivers of honest work.  They lose money from the airport.  

Naeem Masur expressed opposition to the credit card fee.  It is causing undue discomfort among drivers which will not go away until it is taken away.  UTW sued Yellow Cab for charging extra gate fees.  Drivers defended Yellow because they told us they wouldn’t charge us for credit card fees. 

David Khan stated that backseat TVs will be installed without cost and will cover credit card fees.  It will be easy to get people’s information from websites. 

Long stated that the credit card charge is against the driver.

Abdunassi Kahli is opposed to the credit card fee and e-waybills.

Ashwani stated that taxi drivers are independent employees.  They shouldn’t be forced to have electronic devices to collect data if others aren’t required to have them.  He questioned why they should pay five percent for credit card processing when you can get the fee for one and a half percent.

Ray Shidish stated that five percent for a credit card fee is ridiculous.  He would like to know what their security is and who is protecting them from having their information stolen. 

Doug Woods stated that nothing has changed from when he spoke last month.  He read a quote from Ms. Hayashi.  The way to improve the quality of employees is to increase pay and benefits.

Mohammed Urbani stated that he would ask credit card customers to pay their fare in eggs and oranges.

Harrison asked about cab driver rights and stated that they have none.  Don’t take our rights. 

ValMiki stated that he has never had charges taken from tips.  He is strongly opposed to e-waybills.

Giulio Bardo stated that taxis are his life.  If the SFMTA wants to interfere in their jobs and lives, please do it in positive way.  Give them health insurance.  Stop making their lives more miserable.  Stop the five percent credit card fee.  Gas prices are high.  They can’t survive. 

Neilpar Smith stated that she processes credit cards.  The average interest rate is two and a half percent.  Amex is the highest at three percent.  Cab drivers are being asked to pay double the average. 

Bill Cragin stated that the SFMTA wouldn’t be asked to represent people if they were asked to take what cab drivers have been asked to take.

Frank Fahy stated that the price of gas is going up.  Car prices are decreasing.  This is a hazard.  Cab drivers can’t see people in the street with all the equipment that is being installed in the car.  They don’t like being watched and listened to.  The e-waybill is unnecessary.  The medallion sales program is a scam that is ripping off his colleagues on the list. 

Mithra stated that he understands that the SFMTA doesn’t know the industry.  Drivers are low income people.  He invited the Board to drive a cab.

Constantine urged the SFMTA to take care of illegal limousine drivers who are stealing fares from cab drivers rather than robbing cab drivers.  It’s a mistake to believe that customers like e-waybills.  Customers won’t like the five percent credit card fee either.

Lisbeth Bradley stated that she is being pushed away a medallion.  Someone in her cab pulled a knife on her.  If the credit card fee is taken from her she won’t have a place to live.  The industry hasn’t had a meter hike in seven years. 

Renata stated that they have been forced to pay the credit card fee.  The SFMTA is selling cards for cash only.  They don’t take credit cards.   She questioned how e-waybills would work when computers break down and the meter doesn’t always work.  This is another scam to charge more fees.

Maan stated that this is taking more money from the drivers.  The credit card charge is costing drivers at last $400 a month.  The fee should be paid by the cab company.

Bud Hazelkorn stated that e-waybills could be useful but wonders what else they would be used for.  If used for tax purposes, it will open a can of worms.  They won’t reflect actual income because people forget to turn off the meter.  Poor people are being squeezed to pay the costs of the rich. 

Daljit Singh stated that he condemns e-waybills because of the lack of privacy for drivers and passengers.   It violates national rights.  It’s a waste of time they have to take a credit card.

Miyan Mohammed stated that Yellow Cab was taken to court.  The court banned the charge on credit cards.

Shebalda Shariyalda said that this shouldn’t have happened in San Francisco under a democratic administration that vows to protect the lower and middle classes.  The credit card charge has nothing to do with San Francisco.  She questioned how this happened.

Sajid Mannon stated that most at Yellow Cab live hand to mouth.   They don’t get the money. 

Barry Taranto noted the diversity of cab drivers.  Due process wasn’t given.  Something is wrong.  Gavin said not to charge the drivers the fees.  Electronic equipment should be molded into how the industry works and not the other way around. 

Ameez Zalbayan mentioned that limousine drivers freely park everywhere.  Why aren’t they ticketed?  Instead they give us a ticket for picking someone up in a bus zone.  Don’t let them park illegally

Sayeed Raman drove from Antioch to speak today.  Asked by a cop why he was participating in the protest.  Cop forced him to pull over and demanded license. 

Mohammed Khan stated that credit card fee should be paid by customer.  They are putting more medallions on the street.  People should care about the slow hours as well as the rush hour. 

Michael Leung stated that the e-waybill will store info about where passengers are picked up and dropped off.  This goes against privacy rights.  They are not criminals or parolees. 

Gerson Garcia stated that nobody cares.  This fee can’t be charged to customers.

Ed Healy stated that more than two town hall meetings are needed.  This will need to be discussed for a long time in order to find a solution.  He questioned why other cab companies have to charge the credit card fee if Green isn’t charging the cab drivers.  Some other cab companies are charging ten percent.  Ms. Hayashi’s quote was taken out of context. 

Peter Witt welcomed new Board members.  He thought this was a democracy and a free market but doesn’t believe that any longer.  Jordanna Thigpen used to say that things were unacceptable. This is unacceptable.  We don’t need a town hall meeting to know that. 

Eric Brooks stated that what’s happening to drivers is a microcosm of what’s happening throughout the world.  The rich are making out like bandits and the little guys have to pay.  They rose up in Wisconsin but San Francisco hadn’t until today when cab drivers shut down the Civic Center area.  Union members should learn from cab drivers. 

Barry Korengold stated that he has some big disagreements with Ms. Hayashi but she’s done more for cab industry than any other leader.  Credit card charges should be passed on to the passengers.  Back seat monitors have advertising so big corporations can make money.   He doesn’t like the intrusive nature of electronic waybills.   They aren’t employees.  Some managers are listening to their conversations.  This is illegal.

Bruce Pactor stated that cab drivers are in reality, employees.  They can be hired or fired at will.  Millions dollars in tax revenue has been lost.  He urged the Board not to get focused on micro issues so that the fact that they are racking in cash is forgotten.

Stuart Seligman stated that their identification card is a business license to operate.  He has yet to get a certificate this year that tells him he has the right to be a business.  The SFMTA doesn’t have the right to tell cab drivers to take a credit card or require them to discount their services by 5%.  They should be considered small business owners.

Joswinder Singh stated that ideas can’t be imposed on them because they aren’t employees. 

Tone Lee stated that Tokyo business men are paying the price for putting their interests above the interest of the public.  Nobody wanted credit cards in the cab.

Gurbise stated that taxi drivers make less but pay more.   They have to pay gates and gas.  Please pay attention to drivers.

Chairman Nolan requested that a time certain be set for the taxi items on May 17 and that the agendas be posted at cab companies.

8. Citizens’ Advisory Council Report

No report.

9.  Public Comment

Barry Taranto stated that one minute is not enough time.  On April 5, said he would research garage contracts.  He has heard that the deadline was extended by two additional weeks.  Bruce Oka’s concerns are being ignored and ought to be addressed.  There was a letter in Nov. 2009 that gave different reasons for the garage contract. He questioned why there are 13 garages in the current RFP rather than 14 in the old one.

Bill Mounsey stated that nothing is ever done for the cab drivers.  The Board doesn’t represent cab drivers.  The only thing that has been done is a left turn off of Mission which they really appreciate.  Limos also make left turns but the police don’t do anything about that.  There was a crack down by the police in North Beach for a few weeks but the police have disappeared and the limos are back.

Bud Hazelkorn stated that two drivers had heart attacks in last month but didn’t have health insurance. They can’t afford to pay a doctor.  There was a plan to create a health insurance plan for cab drivers five years ago.  He requested that Kerry Sue speak at the next meeting regarding health insurance. 

Peter Witt stated that he’s still waiting for his appreciation award but all he’s gotten is parking ticket.  He’s surveyed 1000 customers every year for the past 13 years.  It’s unprecedented in scale and detail and is intended to improve service.  It can be used as a lie detector.  Mr. Ford’s job is to funnel information to the Board.

Tariq Mehmood stated that they won’t accept a town hall meeting under Ms. Hayashi.  Drivers don’t want back door games.  If things don’t improve, they will strike.  Mr. Ford, Ms. Johnson and Ms. Hayashi should resign.

Mary McGuire discussed the intrusion of technology in cabs.  Electromagnetic waves are hitting drivers for hours each day.  Where is the study to study driver health?  Need to set guidelines for cameras.  Cameras as supposed to be there for our protection.

John Han stated urged the Board to consider the single operator medallion for the America’s Cup.  This will allow more taxi drivers.  The right turn on Market Street is a great idea and has improved the flow of traffic. 

Barry Korengold stated that the town hall meetings are good and there should be more.  Ms. Hayashi is a good mediator and liaison.  The cameras in cabs were originally for protection but now they are being used to monitor drivers and listen to their conversations.  Drivers get fined for covering them or turning them off and are threatened to have their A card revoked.   They have the right to disable the cameras if they lease or own the vehicle.  There is no oversight of this abuse.

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 – YIELD SIGNS – Portola Drive, southbound off-ramp, at Clipper Street.
  2. ESTABLISH – STOP SIGNS – Stopping 19th Street at Mississippi Street.
  3. ESTABLISH – RED ZONES – 6th Street, east side, from Natoma Street to 26 feet southerly; and 6th Street, west side, from Natoma Street to 27 feet northerly.
  4. ESTABLISH – RESIDENTIAL PERMIT PARKING AREA X, 4-HOUR LIMIT, 8 AM TO 4 PM, MONDAY THROUGH FRIDAY – Minnesota Street, east side, from 22nd Street to 130 feet southerly.
  5. ESTABLISH – RESIDENTIAL PERMIT PARKING AREA Z, 2-HOUR LIMIT, 8 AM TO 6 PM, MONDAY THROUGH FRIDAY – 22nd Street, both sides, between Fair Oaks and Dolores Streets.
  6. ESTABLISH – RESIDENTIAL PERMIT PARKING AREA I ELIGILIBILITY –
    1247-1299 Valencia Street, allowing residents to purchase Area I residential parking permit.
  7. REVOKE – TOW-AWAY, NO STOPPING ANYTIME – Jackson Street, north side, between Kearny Street and Columbus Avenue.
  8. ESTABLISH – TOW-AWAY, NO STOPPING ANYTIME – Jackson Street, south side, from Columbus Avenue to 70 feet westerly.
  9. 1150 OCEAN AVENUE – VARIOUS IMPROVEMENTS –
    New Private Street:  Brighton Avenue.  New Public Street:  Lee Avenue.  Sidewalk Bulb extension on North side of Ocean Avenue, between Brighton Avenue and 60' west.  Relocate West Crosswalk at Brighton Avenue to the west side of the new Brighton Avenue north extension.  No Parking Any Time - Establish, Ocean Avenue, south side, between Brighton Avenue and 41' west.  Sidewalk Bulb on South side of Ocean Avenue, between Brighton Avenue and 41' west.  Temporary Stop Signs, all-way, stopping Phelan Loop at Lee Avenue; and Lee Avenue at Phelan Loop.  Overwide Driveway on the east side of Lee Avenue, between 133' and 169' north of Ocean Avenue.  Overwide Driveway on the west side of Lee Avenue, between 111' and 154' north of Ocean Avenue.
  10. ESTABLISH – NO LEFT or “U” TURN, 7 AM-9 AM AND 4 PM-6 PM, MONDAY – FRIDAY – Industrial Street, eastbound, at Loomis Street.
  11. ESTABLISH – RIGHT TURN ONLY, 7 AM-9 AM AND 4 PM-6 PM, MONDAY – FRIDAY – Loomis Street, southbound, at Industrial Street.
  12. ESTABLISH – NO PARKING ANYTIME, SATURDAYS AND SUNDAYS, MAY THROUGH SEPTEMBER, EXCEPT AREA A PERMITS – Coit Tower Parking Lot at the terminus of Telegraph Hill Boulevard.
  13. RESCIND – 30-MINUTE LIMIT, 8 AM TO 9 PM, SATURDAY AND SUNDAY,
    MAY THROUGH SEPTEMBER, EXCEPT AREA A PERMITS – Coit Tower Parking Lot at the terminus of Telegraph Hill Boulevard.
  14. ESTABLISH – RED ZONE – Geneva Ave., south side west of London Street.
  15. REVOKE – BLUE ZONE – Geneva Ave., south side, from 10 feet to 30 feet, east of London St.
  16. ESTABLISH – BLUE ZONE – Geneva Ave., south side, from London Street intersection to 18 feet easterly.
  17. ESTABLISH – BUS ZONE – California Street, south side, from Cherry Street to 117 feet easterly.
  18. ESTABLISH – 90 DEGREE PARKING – Madrid Street, east side, from Russia Avenue to 350’ northerly.
  19. ESTABLISH – 45 DEGREE ANGLE PARKING – Paris Street, west side, from Persia Avenue to 66 feet northerly; and Vienna Street, west side, from Persia Avenue to 89 feet northerly. (Explanatory documents include a staff report and resolution.) (Bond Yee)

RESOLUTION 11-057

Item 10.1 L and M were severed at the request of the public.

PUBLIC COMMENT on 10.1 L and M

Barry Taranto wanted to know how this change would affect taxis.  Taxi drivers bring tourists to Coit Tower.   The SFMTA should either create a temporary taxi waiting zone or not ticket cab drivers who are waiting while a tourist takes a photo.  Something needs to be worked out that gives dispensation to cab drivers especially on the weekends.

Peter Witt questioned a ticket he received in March for being in a bus stop while on duty.  He received the ticket in the mail.  He was only stopped for seconds.  He stated that he doesn’t make a U-turn to get a bag of chips.  He works continuously for five or six hours at a time.  PCO’s have been ticketing without warning.  He has protested many tickets and has won.

Bond Yee, Director, Sustainable Streets, stated that this is the 3rd year for the pilot.  Last year it was successful.  Muni travel time decreased significantly and ridership almost doubled.  The SFMTA recommended making it permanent but the Recreation and Park Dept. requested one more year as a trial.  Taxis are allowed to go up to pick up and drop off. 

On motion to approve Items 10.1 L and M:

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

(10.2) Authorizing the Department of Public Works to award DPW Contract No. 1685J: Van Ness Corridors Project - Gough Street, to Bay Area Lightworks for the installation of pull boxes, conduits, and traffic signal wires; the construction of traffic signal controller cabinet foundations; and for other related work along the Gough Street corridor for a total contract amount not to exceed $1,062,880, and not to exceed 250 calendar days. (Explanatory documents include a staff report, resolution and financial plan.) (Bond Yee)

RESOLUTION 11-058

On motion to approve the Consent Calendar (Item 10.1 L and M severed):

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

REGULAR CALENDAR

11. Consenting to the Interagency Cooperation Agreement with the Treasure Island Development Authority, approving the Development Agreement with the Treasure Island Community Development LLC, and adopting California Environmental Quality Act findings related the Treasure Island and Yerba Buena Island Development Project.  (Explanatory documents include a staff report, resolution, agreements, plans, findings and fiscal analysis.)  (Bond Yee)

PUBLIC COMMENT: 

Megan Wier, Department of Public Health, stated that in 2006, a grant was authorized to fund a transportation plan to create a safe, walk-able and bike-able transportation plan.  In 2009, the plan was released and it contained numerous recommendations.  Some of the recommendations have been included in the design for development.  Creating a safe walk-able area enhances health.

Eric Brooks, SF Green Party, stated that this item should be postponed.  The Green Party, Sierra Club and Power City are in opposition to the project and have raised serious claims that this is not a transit-oriented development.  It will jam the Bay Bridge and will create cueing on a bridge that is already at its maximum.   This is a transportation nightmare.  The financing mechanism was recently switched to “infrastructure financing districts” that means a 20% cut in funding.   This could put the SFMTA into serious liability without a funding plan.

RESOLUTION 11-059

On motion to approve:

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

12. Approving amendments to the Transportation Code, Division II, by amending Sections 301, 302, 303, 304, 902, and 910 to increase the parking citation special collections fee, vehicle boot removal fee, fare evasion and passenger misconduct penalties, equipment violation fines, disabled parking fines, color curb painting fees, and parking permit fees for Special Traffic Permits, Residential Area Parking Permits, Contractor Permits, Vanpool Permits, Carpool Permits, SFMTA Parking Permits, Farmer's Market Parking Permits, and Temporary Street Closure Permits, amending Sections 305, 412, and 1009 to add towing and storage administrative fees, the special event parking meter rate for the South Embarcadero, Civic Center and Fillmore SFpark pilot program areas, and the monthly rate for parking on SFMTA property to the Transportation Code, and amending Section 910 to revise the SFMTA Parking Permit requirements and associated parking privileges.  (Explanatory documents include a staff report, resolution and amendments.) (Sonali Bose)

PUBLIC COMMENT:

Donald Stroh stated that he is not opposed to the concept of residential parking permits but is concerned with the transparency of the program.  The permit process for 21st Street had a mix up of people in support and opposed.  The SFMTA is not revealing certain things, which creates a conflict.

Barry Taranto stated that the publicity on the item has been tremendous.  He expressed concern regarding if a ramped taxi has to help a disabled person and whether a PCO will ticket the cab driver.  This might create enthusiasm by PCO’s to ticket a cab driver who is helping a disabled person.  He inquired if the color curb paint fees would apply to taxi zones and expressed hope that it would be excluded.    

Peter Witt stated that cab drivers will help out people with heavy bags, seniors and people with disabilities.   His parking permit says that residents have to move their cars every 72 hours.  He inquired if that was going to be enforced and whether that would reduce pollution. 

David Pilpel stated that CEQA determination was not included in the packet and wasn’t available for public review.  This is a different scope of review.  The analysis that justifies the cost recovery wasn’t provided to the Board and it should be available to the public.  With regard to Muni facilities, the last page refers to Geneva Yard, which was renamed.  Therefore the section should be amended to reference the correct name.

RESOLUTION 11-060

On motion to approve:

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

13. Adopting the Traffic Calming Projects for the Minna-Natoma and Silver Terrace neighborhoods. (Explanatory documents include a staff report, resolution and maps.) (Bond Yee)

No public comment.

RESOLUTION 11-061

On motion to approve:

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

14. Presentation and discussion regarding FTA-funded capital programs including the Central Subway, Church and Duboce and Islais Creek projects.  (Explanatory documents include a slide presentation.) (Carter Rohan)

John Funghi, program director, Central Subway; Ming Gu, project manager, Church and Duboce and Peter Gabancho, senior project manager, Islais Creek, presented the staff report.

Responding to a concern by Vice Chairman Lee, Exec. Director/CEO Ford stated that he would provide the SFMTA’s real estate needs and fleet management plan to the Board.

PUBLIC COMMENT:

David Pilpel stated that the Central Subway is a horrible project that is an albatross around the SFMTA’s neck.  He asked about the availability of LRV’s and what service will be constrained if new vehicles aren’t purchased.  Staff should give careful consideration to the spacing of the switches at Church and Duboce.  The relationship between Islais Creek and Kirkland is critical.  He expressed understanding that the fuel tanks at Kirkland are maxed out and there’s some massive unhappiness with the situation there.  The SFMTA needs to have a plan.  It would be good to know the increase in cost to deadhead vehicles from Islais Creek.

15.  Presentation and discussion regarding graffiti abatement.  (Explanatory documents include a slide presentation.) (John Haley)

John Haley, director, Transit Services, presented the staff report.

PUBLIC COMMENT:

David Pilpel stated that he was encouraged to hear about the successful prosecution of people who deface vehicles.  The Montgomery and Powell Street stations that have an ongoing dark feel to them.  He expressed hope that staff can look at including facilities maintenance as a priority so that stations are painted regularly and are places where people want to wait.  It’s not a pleasant experience to wait for a vehicle now.

16. Discussion and vote pursuant to Administrative Code Section 67.10(d) as to whether to conduct a closed session and invoke the attorney‑client privilege.

PUBLIC COMMENT:

David Pilpel stated that the Brown Act and Sunshine Ordinance have narrow language for closed sessions and he doesn’t believe that outside consultants are allowed or appropriate.  The language is specific regarding instructing the designated negotiator.  Regarding the appointment of a successor to the Exec. Director/CEO, the language is also narrow.  It’s not appropriate to discuss succession planning or appointment in the event of a vacancy.  In the event that Mr. Ford vacates the position, Mr. Pilpel offered his support for Ed Reiskin.

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 4:48 p.m.

2.  Roll Call

Present: 

  • Cheryl Brinkman
  • Leona Bridges
  • Malcolm Heinicke   
  • Jerry Lee
  • Tom Nolan
  • Bruce Oka

3.  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

Employee Organizations:

TWU, Local 250-A; TWU, Local 200 and IBEW, Local 6

            To discuss:

            _X_  Wages

            _X__ Hours

            _X__ Benefits

            _X__ Working Conditions

            _X__ Other    

Also present:

  • Nathaniel Ford, executive director/CEO
  • Roberta Boomer, board secretary
  • Julia Friedlander, deputy city attorney
  • Carter Rohan, deputy executive director
  • Debra A. Johnson, director, Administration, Taxi and Accessible Services
  • John Haley, director, Transit Services
  • Sonali Bose, director, Finance and Information Technology
  • Bond Yee, director, Sustainable Streets
  • Reginald Mason, director, Safety, Training, Security and Enforcement
  • Charlie Goodyear, consultant

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

Anticipated Litigation:

__X__ As defendant or __X__ As plaintiff

Also present:

  • Nathaniel Ford, executive director/CEO
  • Roberta Boomer, board secretary
  • Julia Friedlander, deputy city attorney
  • Carter Rohan, deputy executive director
  • Debra A. Johnson, director, Administration, Taxi and Accessible Services
  • Sonali Bose, director, Finance and Information Technology
  • Reginald Mason, director, Safety, Training, Security and Enforcement
  • Bond Yee, director, Sustainable Streets

5. 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:

To discuss:

_X_ Wages

_X__ Hours

_X__ Benefits

_X__ Working Conditions

_X__ Other

Also present:

  • Nathaniel Ford, executive director/CEO
  • Julia Friedlander, deputy city attorney

6. 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

Also present: Julia Friedlander, deputy city attorney

ADJOURN CLOSED SESSION AND RECONVENE OPEN SESSION - The closed session was adjourned at 5:28 p.m.

17. Announcement of Closed Session.

The Board discussed labor negotiations, anticipated litigation, labor negotiations with an unrepresented employee and public employee appointment but took no action. 

18. 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 5:29 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
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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