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City and County of San Francisco 1. Call to Order / Roll Call On Monday, April 20, 2009, Chairman Daniel Murphy called the meeting to order at 5:50 p.m. SFMTA CAC members present at Roll Call: Art Cimento, Joan Downey, Steve Ferrario, Daniel Murphy, Cesar Perez, Norman Rolfe, Ruth Wheeler and Jamison Wieser SFMTA CAC members absent: Mary Burns, Greg Riessen and Daniel Weaver On Wednesday, April 22, 2009, Chairman Daniel Murphy called the recessed meeting to order at 5:49 p.m. SFMTA CAC members present at Roll Call: Mary Burns, Art Cimento, Steve Ferrario, Griffith Humphrey, Daniel Murphy, Norman Rolfe, Dorris Vincent, Dan Weaver and Ruth Wheeler SFMTA CAC members absent: Joan Downey, Cesar Perez, Greg Riessen and Jamison Wieser 2. Adopt minutes of April 2, 2009: On motion to adopt the minutes of April 2, 2009: Adopted 3. Public Comment concerning any issue within the jurisdiction of the Council and not noted on the agenda: None 4. Report of the Chairman: Daniel Murphy Chairman Murphy acknowledged the presence of SFMTA Board Vice Chairman James McCray. Chairman Murphy stated that the Board declared a fiscal emergency. The Board was deliberating on service cuts and taxi issues. On April 30, 2009, it will act on the FY10 budget. Dorris Vincent arrived at 5:58 p.m. Chairman Murphy submitted the following statement and requested that it be included in the minutes: As you may know, the Monday, April 20, 2009, SFMTA CAC meeting had to be recessed for lack of a quorum when our eighth member departed. We recessed the meeting until Wednesday at 5:30 p.m., since our work on the budget is not complete. We left with business pending, and with no discussion of the taxicab issues that now, whether we like it or not, fall within our jurisdiction. The Charter mandates that we complete our review of the budget before the SFMTA Board acts. It's crucial we make quorum between now and April 30th, preferably this week. Otherwise I will be required to report to the SFMTA Board that we have failed to meet our obligations under the Charter. Even today, I was questioned by one SFMTA director about an issue we left unaddressed. While the CAC is an advisory body, it is a Charter commission, with specific duties imposed by the voters, enshrined in what is effectively the city's constitution. I understand that members have outside obligations, but we can't function as we're mandated if absenteeism and early departures are common, especially when we have two seats vacant (a situation I can assure you I'm working with Steve Ferrario and SFMTA staff to resolve quickly). The posted end time for a meeting is a rough approximation, and gets ever rougher as public comment becomes more common. Unless members expect me to run roughshod over public comment, or severely limit the ability of members to have their say about the issues before us (neither of which would be acceptable, I'm sure you'll agree) the increasing interest of various sides in the taxicab policy debate will translate into ever more variable ending times for meetings, and yes, probably longer meetings. We have recommended that a taxicab advisory body be established; it is my understanding that this is unlikely to happen in the foreseeable future. I have my opinions, shared by many CAC members, I think, about the wisdom of bringing taxicabs into the SFMTA, but those opinions are neither here nor there; taxicabs are now part of SFMTA, and I don't think we can choose to ignore them when the SFMTA Board is being called upon to make major policy decisions that impact taxicab service, and transportation generally, throughout the city. Because of this, I have asked staff to publish future agendas without estimated times. No other Charter commission, to my knowledge, targets a specific ending time on their agendas, and it's my view that doing so is now causing more confusion and uncertainty than it prevents. This is a decision I am undertaking as chairman; it's not fair to anyone to guess at an ending time over which we have only limited control. Whether committee agendas will continue to use fixed times on their agendas is a matter I am leaving entirely to the discretion of committee chairmen, whom I trust can make a reasonable decision for their committees, based on their experience so far. I try to give committee chairmen maximum latitude in the running of their committees; any decision they make about agenda format is fine with me. It is not my intention to increase the overall load of our meetings; I will still aim for agendas which cover approximately the same amount of material they have in the past. But during budget season, and with the addition of taxicabs to our bailiwick, I am asking members to be more flexible with their time, and to recognize that CAC membership entails a certain set of duties members must carry out, except under fairly extreme circumstances. I am very much hoping members will be available for the Wednesday 5:30 p.m. resumption of our meeting, and I am hoping that members who have indicated their unavailability for that date will reconsider their competing commitments, given our duties, collectively and individually, to finish our work on the budget. We have worked hard over the last nine years to establish our credibility in the eyes of the SFMTA staff and the SFMTA Board (a body on which one of our former members now sits). If we are to continue that, we must finish our work on this budget, and undertake our duties with regard to taxicabs, regardless of whether we thought it wise or desirable to bring them into the SFMTA. Also, I would like to ask members to extend a very special thanks to Debra Reed for turning around the recommendations we made so quickly. The SFMTA Board had our recommendations in writing in time for today's meeting, something which was only possible because Debra worked late last night and this morning to make it happen. Please be sure to thank her for this effort on our behalf. Today's SFMTA Board meeting was the first ever in which board members had our recommendations in hand even though our meeting recessed only about 16 hours before theirs was called to order. I hope to see everyone Wednesday at 5:30 p.m., at our usual One South Van Ness meeting space. At that time, I can answer any questions and address any concerns about the content of this report. 5. SFMTA Proposed Operating Budget Amendment for FY10: Sonali Bose, Christiane Hayashi and Julie Kirschbaum Griffith Humphrey arrived at 6:15 p.m. Sonali Bose, Chief Finance Officer/Director, Finance and Information Technology, stated that parking meter hours will be expanded to 10 p.m., and daily operations will be increased to include Sundays and most holidays. Garage and meter rates and transit fares will be increased. Work orders were reduced by $3.5 million. The sale of taxi medallions will yield $20 million. The Board of Directors is expected to approve the FY10 budget on April 30, 2009, and it will be submitted to the Board of Supervisors on May 1st. Christiane Hayashi, Director, Taxi and Accessibility Services, stated that medallion sales need to be carefully considered. While Proposition A supersedes Proposition K, many things in Proposition K are important. A $20 million taxi revenue plan will be presented to the Board on April 30, 2009. Julie Kirschbaum, Program Manager, Transit Effectiveness Project, stated that the Board was pondering Option 2 with adjustments. Existing routes will be modified to include some segments of eliminated routes. Hours of operation on some routes will be reduced. Public Comment: David Pilpel asked about eliminated positions. He stated that the CAC should have a say about issues, such as changes to service levels, vacant operator positions and overtime. Austin Peterson stated that adding 100 medallions would increase the number of taxis to be maintained and insured, as well as the number of drivers competing for business. Cab drivers are considering a lawsuit. Judd Madley stated that limo drivers were willing to charge less for their services. Barry Korengold stated that it is an injustice to include taxis in the SFMTA budget before there is a plan. The economy is tanking, and people are not taking cabs. Purchasing medallions would be a financial strain on drivers. Mark Gruberg stated that the $20 million pilot was wishful thinking. Mayor Newsom and Supervisor Peskin said that they would not tamper with Proposition K. Ms. Hayashi claims that she has to come up with a $20 million revenue plan, yet discussions with the taxi industry are far from concluded. He reported that David Chiu, President, Board of Supervisors, urged the SFMTA Board not to look to the sale of taxi medallions as a revenue source. Taxi drivers are being ignored. The CAC should oppose the sale of taxi medallions. Bud Hazelkorn stated that a lender in New York City requires a $100,000 down payment on a $500,000 medallion. Should medallion holders default on their loans, their medallions would then go to the lender. Regulations should be established to control medallion lenders. Jane Bolig stated that changes to Proposition K were unsuccessful. The taxicab industry has a $20 million demand from the highest level of city government. Taxi drivers may disagree, but that is not going to stop the demand. Taxi service is elastic; therefore we need a study on taxi demands. David Pilpel stated that he was not convinced that changes should be made to taxi policies. He expressed disappointment that there were no revenue proposals in the budget. Dorris Vincent departed at 8:10 p.m. Without objection Steve Ferrario moved the following recommendation: Motion: 090420.04 Considering the high ridership levels and operational concerns in the Metro subway, the SFMTA CAC recommends that the N-Judah line service be retained at the present levels and that N-Judah line trains continue to be turned back at their Caltrain terminal during both weekdays and weekends. Public Comment: None On motion to adopt the recommendation regarding the N-Judah: Adopted Ayes – Cimento, Downey, Ferrario, Murphy, Perez, Rolfe, Wheeler and Wieser At the recessed meeting on Wednesday, April 22, 2009, the following recommendations of Item 5 were considered. Art Cimento stated that the SFMTA should be more aggressive about work orders. Chairman Murphy moved the following recommendation: Motion 090422.05 The SFMTA CAC recommends that the SFMTA Board not approve work orders for the San Francisco Police Department which include payment for policing SFMTA property. The SFMTA CAC further recommends that the SFMTA Board adopt a policy that the San Francisco Police Department is funded to police the entire City and County of San Francisco, including SFMTA property and rolling stock. The SFMTA CAC further recommends that the SFMTA Board require that the chief executive officer and the chief finance officer of the SFMTA receive documentation of the services provided from the San Francisco Police Department on a monthly or more frequent basis, and manage the contract to ensure that services are being documented and delivered throughout the year, and the SFMTA staff can certify that such services are appropriate and provide value to the SFMTA and its customers. On motion to adopted the recommendation regarding policing SFMTA property: Adopted Public Comment: Victor Gresser stated that he was concerned about the word “property.” Properties could be translated as buses. Chairman Murphy moved the following recommendation: Motion: 090422.06 WHEREAS, The vast majority of the SFMTA’s budget is comprised of labor costs; WHEREAS, No revenue option identified to the SFMTA CAC would increase annually at the same rate as SFMTA’s total labor costs have historically; now therefore be it RESOLVED, That the SFMTA CAC recommends that SFMTA’s fares, fees, and fines be indexed according to a formula that reflects the cost of labor; and be it further RESOLVED, That the SFMTA CAC recommends that the SFMTA Board direct management to keep labor costs at a growth rate no greater than that projected for revenues designated for maintaining existing levels of service, and that revenues designated for increased service be spent only for such increased service. Public Comment: David Pilpel stated that the Board adopted an automatic indexing plan which encompasses a portion of the CAC’s recommendation. While this recommendation has other features, the Board may respond that they have adopted a consistent policy. Victor Gresser asked if labor costs were to increase by five percent, would fares increase by five percent. On motion to adopt the recommendation about labor costs: Adopted Dorris Vincent departed at 7:02 p.m. Chairman Murphy moved the following recommendation: Motion 090422.07 The SFMTA CAC recommends that the positions recommended for defunding or elimination in the proposed FY10 budget be eliminated outright, and that restoration of positions be considered in the future on a case-by-case basis, with each unit clearly explaining the need for a new position, and the case for a new position being weighed against needs for positions in other SFMTA units. Public Comment: David Pilpel stated that personnel issues are complicated. Many positions were added based on anticipated funding, but were never filled. The SFMTA is saying that they can do without them. There are other critical positions that the SFMTA wants to keep. 30 Parking Control Officer positions were added. Victor Gresser asked if there was a way to avoid wedding the elimination of positions on a case-by-case basis. He felt that the motion should not recommend eliminating positions. He has observed problems, such as broken fare boxes and dirty windows. On motion to adopt the recommendation regarding job positions: Chairman Murphy moved the following recommendation: Motion 090422.08 The SFMTA CAC recommends that the SFMTA undertake an extensive audit to ensure that classification upgrades made in the last ten years accurately reflect the qualifications and duties of each position, and that such positions be downgraded in classification if the qualifications and duties of the position warrant. Art Cimento stated that it is not the CAC’s position to dictate personnel matters. Chairman Murphy withdrew the recommendation. Chairman Murphy moved the following recommendation: Motion 0904022.09 The SFMTA CAC recommends adoption of the proposed $2 adult cash fare for Muni and further recommends that the SFMTA Board adopt a fixed multiple between each of the cash fares (excluding cable cars and their corresponding passes) and their corresponding pass prices. The SFMTA CAC further recommends that all fast passes continue to be valid for travel on cable cars. Public Comment: David Pilpel stated that staff recommended sustaining the cable car cash fare but increasing rates for passports. Victor Gresser stated that he was concerned about the implication for the disabled in connection with fare increases. On motion to adopt the recommendation regarding cash fares: Dan Weaver stated that the taxi industry is heavily regulated and a very complicated subject, but he was concerned about selling medallions. Motion 0904022.10 The SFMTA CAC recommends that the SFMTA Board, within the next year, adopt a policy with regard to the total number of medallions needed for adequate and effective taxicab service in San Francisco, including the need and desirability, if any, for peak periods, special event, and rainy day medallions. The SFMTA CAC recommends that the agency consider new methods for distribution of medallions after this review is completed and a plan for the number of medallions needed has been adopted by the SFMTA Board. Public Comment: Victor Gresser stated that increasing taxi service is good. He felt that the recommendation should urge strong support for community input, also it should express disappointment that the Board has not done a better job about soliciting public input or doing better research. On motion to adopt the recommendation about medallions: Adopted 6. Committee Reports: None. 7. Recommendations from a CAC Committee (Discussion/Action) Motion: 090331.01 The SFMTA CAC, in light of the seriousness of the SFMTA’s fiscal situation, urges the SFMTA Board of Directors to reconsider their rejection of the $3 courthouse surcharge on citations. The SFMTA CAC additionally recommends that the SFMTA adopt a policy to work out an arrangement with the Department of Public Works to restore street cleaning operations to previous levels. Without objection Chairman Murphy moved to amend motion 090331.01 to delete the language, “The SFMTA CAC, in light of the seriousness of the SFMTA’s fiscal situation, urges the SFMTA Board of Directors to reconsider their rejection of the $3 courthouse surcharge on citations” and insert “WHEREAS, The reduction in street cleaning service has resulted in a net loss of revenue to the city, now therefore be it RESOLVED.” The amended motion reads as follows: WHEREAS, The reduction in street cleaning service has resulted in a net loss of revenue to the city, now therefore be it RESOLVED, That the SFMTA CAC recommends that the SFMTA adopt a policy to work out an arrangement with the Department of Public Works to restore street cleaning operations to previous levels. Public Comment: None On motion to adopt Motion 090331.01 as amended: Griffith Humphrey departed at 8:27 p.m. Motion: 090331.02 WHEREAS, The proposed shift of expenses traditionally associated with other city departments into the SFMTA budget violates the well-understood intent of Propositions E (November 1999) and A (November 2007); WHEREAS, The shift of expenses, via new or expanded work orders, into the SFMTA budget significantly hampers the agency’s core mission, its ability to carry out the Transit First Policy, as well as its ability to implement the Transit Effectiveness Project; now therefore be it RESOLVED, That the SFMTA CAC recommends that all work orders to other departments be held to their Fiscal Year 2006 levels or be zeroed out completely. Chairman Murphy moved to amend motion 090331.02 to add the language “its ability to meet its charter-mandated service standards.” He moved to delete the language “held to their Fiscal Year 2006 levels or be zeroed out completely” and insert “budgeted on a zero-based basis, with all such orders being zeroed out and re-evaluated, item by item, for inclusion in the budget.” The amended motion reads as follows: WHEREAS, The proposed shift of expenses traditionally associated with other city departments into the SFMTA budget violates the well-understood intent of Propositions E (November 1999) and A (November 2007); WHEREAS, The shift of expenses, via new or expanded work orders, into the SFMTA budget significantly hampers the agency’s core mission, its ability to carry out the Transit First Policy, its ability to meet its charter-mandated service standards, as well as its ability to implement the Transit Effectiveness Project; now therefore be it RESOLVED, That the SFMTA CAC recommends that all work orders to other departments be budgeted on a zero-based basis, with all such orders being zeroed out and re-evaluated, item by item, for inclusion in the budget. Public Comment: None On motion to adopt the amendment to Motion 090331.02: Adopted On motion to adopt Motion 090331.02 as amended: Adopted Motion: 090331.03 WHEREAS, The San Francisco Police Department failed to deliver the services, including the Bus Inspection Program, it is contracted to provide; WHEREAS, The SF Police Department has failed to account for its work orders from the SFMTA in the previous fiscal years, even after being directed by the SFMTA to do so; WHEREAS, The uniformed police presence on Muni is observed by the SFMTA CAC members to be nearly nonexistent; now therefore be it RESOLVED, That the SFMTA CAC recommends that the SFMTA Board reduce the work order for the San Francisco Police Department to zero; therefore be it further RESOLVED, That the SFMTA CAC recommends that, should a work order for the San Francisco Police Department be included in the FY10 budget, that such a work order, any and all personnel covered by said work order should report directly to the Executive Director/CEO of the SFMTA or his/her designee, and not to any other city department, and that their deployment be under the full control of the SFMTA. Chairman Murphy moved to amend motion 090331.03 to delete the language “WHEREAS, The San Francisco Police Department failed to deliver the services, including the Bus Inspection Program, it is contracted to provide” and insert “WHEREAS, The San Francisco Police Department failed to document its delivery of services, including the Bus Inspection Program, even when directed by the SFMTA to produce such documentation.” Also, he moved to delete the language “WHEREAS, The SF Police Department has failed to account for its work orders from the SFMTA in the previous fiscal years, even after being directed by the SFMTA to do so.” He moved to add the language “and not subject in any way to the orders of the Chief of Police, nor his/her designee.” The amended motion reads as follows: WHEREAS, The San Francisco Police Department failed to document its delivery of services, including the Bus Inspection Program, even when directed by the SFMTA to produce such documentation; WHEREAS, The uniformed police presence on Muni is observed by the SFMTA CAC members to be nearly nonexistent; now therefore be it RESOLVED, That the SFMTA CAC recommends that the SFMTA Board reduce the work order for the San Francisco Police Department to zero; therefore be it further RESOLVED, That the SFMTA CAC recommends that, should a work order for the San Francisco Police Department be included in the FY10 budget, that such a work order, any and all personnel covered by said work order should report directly to the Executive Director/CEO of the SFMTA or his/her designee, and not to any other city department, and that their deployment be under the full control of the SFMTA, and not subject in any way to the orders of the Chief of Police, nor his/her designee. Public Comment: David Pilpel stated that patrol of garages was a deal originally worked out by the police for free use of the Vallejo garage. Norm Rolfe moved to table the motion. On motion to table Motion 090331.03: On motion to adopt Motion 090331.03 as amended: During the April 20, 2009, meeting, Chairman Murphy continued Motion 090331.03 without objection. On Wednesday, April 22, 2009, Steve Ferrario moved to rescind the previous vote on Motion 090331.03: Adopted The original motion reads as follows: WHEREAS, The San Francisco Police Department failed to deliver the services, including the Bus Inspection Program, it is contracted to provide; WHEREAS, The SF Police Department has failed to account for its work orders from the SFMTA in the previous fiscal years, even after being directed by the SFMTA to do so; WHEREAS, The uniformed police presence on Muni is observed by the SFMTA CAC members to be nearly nonexistent; now therefore be it RESOLVED, That the SFMTA CAC recommends that the SFMTA Board reduce the work order for the San Francisco Police Department to zero; therefore be it further RESOLVED, That the SFMTA CAC recommends that, should a work order for the San Francisco Police Department be included in the FY10 budget, that such a work order, any and all personnel covered by said work order should report directly to the Executive Director/CEO of the SFMTA or his/her designee, and not to any other city department, and that their deployment be under the full control of the SFMTA. Chairman Murphy moved to amend motion 090331.03 to delete the language “WHEREAS, The San Francisco Police Department failed to deliver the services, including the Bus Inspection Program, it is contracted to provide” and insert “WHEREAS, The San Francisco Police Department failed to document its delivery of services, including the Bus Inspection Program, even when directed by the SFMTA to produce such documentation.” Also, he moved to delete the language “WHEREAS, The SF Police Department has failed to account for its work orders from the SFMTA in the previous fiscal years, even after being directed by the SFMTA to do so.” He moved to delete the language “to zero” and insert “significantly.” He moved to add the language “and not subject in any way to the orders of the Chief of Police, nor his/her designee.” The amended motion reads as follows: WHEREAS, The San Francisco Police Department failed to document its delivery of services, including the Bus Inspection Program, even when directed by the SFMTA to produce such documentation; WHEREAS, The uniformed police presence on Muni is observed by the SFMTA CAC members to be nearly nonexistent; now therefore be it RESOLVED, That the SFMTA CAC recommends that the SFMTA Board reduce the work order for the San Francisco Police Department significantly; therefore be it further RESOLVED, That the SFMTA CAC recommends that, should a work order for the San Francisco Police Department be included in the FY10 budget, that such a work order, any and all personnel covered by said work order should report directly to the Executive Director/CEO of the SFMTA or his/her designee, and not to any other city department, and that their deployment be under the full control of the SFMTA, and not subject in any way to the orders of the Chief of Police, nor his/her designee. On motion to amend Motion 090331.03: Adopted On motion to adopt Motion 090331.03 as amended: Adopted Motion: 090331.04 WHEREAS, Muni’s previous experience with charging for transfers caused a great deal of difficulty and confusion in boarding cash-fare passengers and caused dwell times to increase, now therefore be it RESOLVED, That the SFMTA CAC recommends that the SFMTA Board not consider charging for transfers. Public Comment: None On motion to adopt Motion 090331.04: Adopted Motion: 090331.05 WHEREAS, The SFMTA CAC recognizes the SFMTA’s need to raise revenue in the current fiscal emergency; now therefore be it RESOLVED, That the SFMTA CAC recommends that the SFMTA charge extra for express service, including express passes, and that service cuts be done in accordance with the Transit Effectiveness Project’s proposed service changes. Public Comment: None On motion to adopt Motion 090331.05: Motion: 090331.06 WHEREAS, The SFMTA CAC recognizes the SFMTA’s need to raise revenue in the current fiscal emergency, now therefore be it RESOLVED, The SFMTA CAC recommends that the SFMTA charge extra for express service, including express passes, and that service cuts be done in accordance with the Transit Effectiveness Project’s proposed changes. Motion: 090331.06 is a duplicate of Motion: 090331.05; therefore no action was taken. Motion: 090331.07 The SFMTA CAC recommends adoption of the proposed rate schedule for the Polk/Bush garage, changing rates to $2 per hour and retaining the $200 monthly fee. Public Comment: None On motion to adopt Motion 090331.07: Adopted Motion: 090416.01 WHEREAS, The BART/Muni Pass represents the most successful transit fare integration in the Bay area; and WHEREAS, The SFMTA CAC believes the SFMTA should be seeking to reduce the total number of fare instruments, The SFMTA CAC recommends that the SFMTA Board of Directors not adopt the proposed Premium Monthly Pass for BART/Muni use. Public Comment: David Pilpel stated that the plan is a low revenue item. On motion to adopt Motion 090416.01: Adopted Motion: 090416.02 The SFMTA CAC recommends that the SFMTA Board of Directors adopt a level of service changes consistent with Option 1, and not Option 2. Public Comment: None On motion to adopt Motion 090416.02: Motion: 090416.03 The SFMTA CAC recommends that, to cover the $8.8 million in annual costs and foregone revenue, the adoption of Option 1 and the rejection of the Premium Monthly Pass for BART/Muni use would impose on the SFMTA that the SFMTA seek further reductions in work orders to other departments, and that the $3 courthouse fee be added to parking citations. Steve Ferrario moved to amend motion 090416.03 to delete the language, “to cover the $8.8 million in annual costs and foregone revenue the adoption of Option 1 and the rejection of the Premium Monthly Pass for BART/Muni used would impose on the SFMTA that the SFMTA seek further reductions in work orders to other departments, and that.” Without objection the amended motion reads as follows: The SFMTA CAC recommends that the $3 courthouse fee be added to parking citations. On motion to amend Motion 090416.03: Adopted Public Comment: None On motion to adopt Motion 090416.03 as amended: Adopted Cesar Perez departed at 9:03 p.m. On April 20, 2009 meeting at 9:03 p.m., Chairman Murphy declared a recess due to lack of a quorum. He set a date to continue the meeting for Wednesday, April 22, 2009. On April 22, 2009, Chairman Murphy reconvened the meeting at 5:49 p.m. and called item 5: SFMTA Proposed Operating Budget Amendment for FY10. 8. Committee Members’ Questions/Information Requests: (Discussion) None. 9. Agenda Planning for the Next Regular Meeting Tentatively Scheduled: Next regular meeting: May 7, 2009 at 1 South Van Ness Avenue, Conference Room 3074, at 5:30 p.m. 10. Adjournment: Chairman Murphy adjourned the meeting on Wednesday, April 22, 2009, at 8:01 p.m. in memory of John Byrd. Respectfully submitted by: |
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