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ORDER OF BUSINESS 1. Call to Order Chairman Nolan called the meeting to order at 2:08 p.m. 2. Roll Call Present:
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 February 17, 2009 Parking Authority Commission Regular Meeting: unanimously approved (Heinicke-absent). 5. Communications Board Secretary Boomer announced that Item 12 had been removed from the agenda. 6. Introduction of New or Unfinished Business by Board Members Chairman Nolan requested information regarding what the SFMTA was doing with regard to swine flu for employees and customers. 7. Executive Director’s Report (For discussion only) No report. 8. Citizen’s Advisory Council Report Daniel Murphy, Chairman, Citizen’s Advisory Council, presented the report. 9. Public Comment David Pilpel stated that re-establishment of part-time operators will have an impact. Implementation plans are needed for all service rates, fares, fees and service changes. The Board should ask for detailed plans and regular progress reports. Mr. Pilpel stated that Item 12 was a dangerous delegation of additional authority. Naeem Malik expressed appreciation to Director Heinicke for the suggestion regarding taxicab rental fees. Drivers have to pay the gate, tips and gas before they make any money. Drivers should fight for their rights. Tariq Mehmood stated that he often sees cars parked at expired meters but PCO’s aren’t ticketing them. There are drivers who would be willing to own a medallion. Mr. Mehmood discussed a “taxicab shared ride” approach for Geary Blvd. and other main arteries. Mark Gruberg suggested that the taxi industry should be part of the Translink program. The idea of a fixed route or semi-fixed route has been around for ages and is worth looking at. This service could be a supplement and compliment to bus service. Paul Hogarth stated that eliminating enforcement on Sunday wasn’t a wise move because it was a $9 million opportunity to restore service cuts. He would have liked to see each amendment to the budget voted separately. Don Baker stated that Item 12 was a shift in power and the Board needs to stay involved. Half of the buses at night didn’t have placards announcing service cuts. There needs to be better notification and follow through with the public. The SFPD work order doesn’t sound right. THE FOLLOWING MATTERS BEFORE THE SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY BOARD OF DIRECTORS/PARKING AUTHORITY COMMISSION 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. REGULAR CALENDAR 10. Approving the SFMTA’s 2009-2010 Amended Operating budget in the amount of $779 million; certifying that the amended operating budget is adequate in making substantial progress towards meeting established performance standards; finding it necessary to increase certain fees, rates and charges that support public transit service, and that recover costs related to the regulation of the taxi industry; finding it necessary to reduce or eliminate certain public transit services; and finding that such increases in fees, rates and charges that support public transit, taxi-related regulatory fees and Muni service reductions are statutorily exempt from review under CEQA; approving increases in various fees, fares, rates and charges including on-street parking rates, taxi fees, paratransit and transit fares and passes; acting as the Parking Authority Commission approving off-street parking rates for the Lombard Street, Moscone Center, North Beach, Performing Arts, Polk Bush and SF General Hospital garages; approving expanded parking meter enforcement from 9 a.m. to 10 p.m., seven days per week except for New Year's day, Thanksgiving, and Christmas; concurring with the Controller’s certification that parking citation processing and collection; janitorial services for metered parking lots and shop facilities; facility security services; paratransit services; parking meter collection and coin counting services; low-level platform maintenance services; and vehicle towing, storage and disposal services can be practically performed by private contractors at a lesser cost than to provide the same services with city employees; affirming that all provisions of Resolution 08-066 that approved the original operating budget for Fiscal Year 2010 remain in full force except to the extent that they are specifically modified by this resolution; and authorizing the Executive Director/CEO to make technical and clerical corrections and allocate additional revenues in order to fund additional adjustments to the operating budget, provided that the Executive Director/CEO shall return to the SFMTA Board of Directors for approval of technical or clerical corrections that exceed a five percent increase of the total amended budget. (Explanatory documents include a staff report and resolution.) (Sonali Bose) Director Heinicke arrived. Chairman Nolan outlined the process for the vote. He stated that he will ask that all community lines be extended to 11 p.m.; that the plan to enforce meters on Sunday and in the evening be eliminated; that the Parking Authority Commission hire an auditor to review work orders and that staff vigorously explore options for the 2010 ballot. Sonali Bose, Chief Financial Officer and Ken McDonald, Chief Operating Officer presented the staff report. PUBLIC COMMENT: Speakers opposed to the proposal to auction taxi medallions: Joe Mirabila, Jay Ruiz, Michael Gibbons, Francoise Spiegelman, Victoria Lansdown, Mark Gruberg, Jack Trad, David Barlow, Bill Mounsey, JoanAnn Radu-Sonako, Colin Marcoux, Ed Healy, Frank Fahy, Barry Korengold, Rua Graffis, Craig Wilson, Peter Witt, Don Baker, Herbert Weiner Speakers in support for auctioning taxi medallions: Charles Rathbone Speakers opposed to the proposal regarding parking garage rates and extending hours for parking meter enforcement: Pat Christenen Speakers opposed to the proposal regarding Muni service and/or fare increases: Jackie Sachs; Walter Scott, Aleena Galloway, Dolores Naranjo, Gaetana Caldwell Smith, Alain Dang, Sherry Williams, Reginald McCray, Paul Hogarth, Brian Brackney, Don Baker, Herbert Weiner David Pilpel provided his comments in writing and expressed his willingness to provide other alternatives for the service changes. Hansu Kim expressed hope that the SFMTA would include the taxi industry in an open and transparent process. He stated that policy should drive reforms rather than budgetary needs. Taxis should be considered as a public/private partnership. Taxicabs should be utilized on main transit corridors. Mike Spain discussed three different plans for the sale of medallions. Herschel Dosier stated this budget is a fraud. Gillian Gillett expressed support for eliminating the 26-Valencia. Naeem Malik stated that the proposal by UTW/Asian Law Caucus will make taxi drivers’ lives better. The SFMTA should assign one medallion to two drivers who would then drive the day and night shifts. Whatever the outcome, the money belongs to cab drivers and shouldn’t be used for any other purpose. Dave Schneider stated that what is happening in the City may be a reflection of what’s happening elsewhere in America and at other bus properties. The SFMTA should ask Washington D.C. for money for operating expenditures. Susan Forman stated that she doesn’t mind if service on community lines ends at 11 p.m. and she willing to pay more for a senior pass. Bob Allen stated that the Board must frame the budget discussion around San Francisco as a Transit-First city. The Board should stand up regarding the work order issue. The SFMTA doesn’t get its fair share of regional funds from MTC. Muni shouldn’t cut service and that the Lifeline pass should be improved. Maya Dhillon urged riders to refrain from using the 14-Mission and 49-Van Ness lines in the wake of the swine flu pandemic. Chairman Nolan read the city’s policy on discrimination. Manish Champsee stated that the SFMTA should deliver one hundred percent of its’ service and should look at more limited buses and at stop consolidation. Paul Wermer expressed appreciation to staff for maintaining the 3-Jackson. Chairman Nolan moved to amend the budget resolution to eliminate the proposal to enforce parking meters on Sunday; to add $3 for courthouse fees; eliminate extending parking meter enforcement to 11 p.m. and to continue service on all community lines to 11 p.m. Director Heinicke requested an additional amendment regarding an independent audit of work orders. Deputy City Attorney Julia Friedlander read the language that would be added to the resolution to reflect Chairman Nolan and Director Heinicke’s amendments PUBLIC COMMENT on the amendments: David Pilpel discussed the CEQA claim exemption. On motion to amend the resolution: ADOPTED: AYES – Black, Heinicke, Lee, Nolan and Oka NAYES – Beach and McCray Vice Chairman McCray requested that staff provide regular reports after implementation of the service changes. RESOLUTION 09-068 On motion to approve as amended: ADOPTED: AYES – Beach, Black, Heinicke, Lee, Nolan and Oka NAYES – McCray 11. Acting as both the SFMTA Board of Directors and Parking Authority Commission, authorizing the SFMTA Executive Director/CEO to execute Contract SFMTA 2008/09-08, Advertising on SFMTA Vehicles and Other Property, with Titan Outdoor including a five-year term and a minimum annual guarantee to the SFMTA. (Explanatory documents include a staff report, resolution, selection panel report and contract.) (Sonali Bose) PUBLIC COMMENT: Anthony Leones, CBS Outdoor, stated that they had filed a protest after the notice of intent to award was made. Staff should make a fully informed decision regarding the financial stability of the proposed contractor. It is appropriate to ask whether both proposers are current in their payment at other transit agencies. Bill Apfelbaum, Titan Worldwide stated that the company is financially stable. Titan has submitted a nonrefundable check and just after final award, they will provide a $4 million letter of credit. Deputy City Attorney Friedlander stated that there was no legal obstacle to awarding the contract. RESOLUTION 09-069 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka 12. Authorizing the Executive Director/CEO or designee to advertise solicitation requests without SFMTA Board approval; approve and execute any contract having anticipated expenditures or revenues equal to or less than $500,000; approve and execute contract modifications of expenditure contracts for cumulative increases in contract amount, time or scope up to 20% of the original contract. (Explanatory documents include a staff report, resolution and chart.) (Debra Johnson) This item was removed from the agenda at the request of staff. 13. Authorizing the Executive Director/CEO to execute a contract with DriveCam, Inc. using the existing DriveCam contract with the General Services Administration contract number GS-35F-0623S to purchase equipment, installation and managed services that will enable the SFMTA to implement a Driver Risk Management System to improve safety at a cost not to exceed $1,200,000. (Explanatory documents include a staff report, resolution and contract.) (Ken McDonald) No public comment. RESOLUTION 09-070 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka 14. Authorizing the Executive Director/CEO to execute Contract No. SFMTA 2008/09-23, Advanced Train Control System Maintenance Support Services Agreement, with Thales Transport & Security for an amount not to exceed $5,000,000 and an initial term of five years with an option to extend for an additional five years. (Explanatory documents include a staff report, resolution and contract.) (Ken McDonald) PUBLIC COMMENT: David Pilpel stated that he is not sure that the Agency has demonstrated the need for this service. This is a good example of contract costs not being properly controlled. The SFMTA should do as much as possible with in-house staff. Vice Chairman McCray requested an overview of the other capital project needs and the plan to upgrade all systems. RESOLUTION 09-071 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka 15. 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. RECESS REGULAR MEETING AND CONVENE CLOSED SESSION CLOSED SESSION 1. Call to Order Chairman Nolan called the closed session to order at 4:55 p.m. 2. Roll Call Present:
Also present:
3. 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 This item was not considered in closed session. 4. 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: Automotive Machinists Local 1414; SEIU Local 1021; TWU, Local 250-A; and Municipal Executives’ Association To discuss: _X_ Wages _X__ Hours _X__ Benefits _X__ Working Conditions _X__ Other ADJOURN CLOSED SESSION AND RECONVENE OPEN SESSION - The closed session was adjourned at 5:34 p.m. 15. Announcement of Closed Session. Chairman Nolan announced that the SFMTA Board of Directors met in closed session for a conference with their labor negotiator. There was no action taken. There was no discussion of anticipated litigation in closed session. 16. 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 5:36 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 |
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