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ORDER OF BUSINESS 1. Call to Order Chairman Nolan called the meeting to order at 2:00 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 PUBLIC COMMENT: Peter Witt expressed appreciation for the opportunity to review the minutes prior to approval. He stated that he didn’t see his 150-word statement that he had submitted for inclusion in the minutes. (Board Secretary Boomer showed him where his statement was inserted in the minutes.) David Pilpel requested correction to his comment for Item 9. He requested that the minutes be amended to add the names of the people who had passed away. On motion to approve the minutes of the March 30, 2010 Special Meeting as amended: unanimously approved (Heinicke-absent). 5. Communications Chairman Nolan stated that items on the Regular Calendar would be considered after the CAC Chairman had provided his report. Following completion of those items, the Board would consider general public comment and items on the Consent Calendar. Board Secretary Boomer stated that an overflow room was available should the need arise. 6. Introduction of New or Unfinished Business by Board Members Director Lee requested information regarding the SFMTA’s role in managing public garages and lots. Director Heinicke arrived. 7. Executive Director’s Report (For discussion only)
Exec. Director/CEO Ford presented special recognition awards to Ha Nguyen, project engineer, Capital Programs and Construction; Bridget Badasow, receptionist, Office of the SFMTA Board of Directors; and Stanley Chan, transit operator, Cable Car Division, Transit Operations. ED/CEO Ford also discussed the status of the RFP for management of parking garages. PUBLIC COMMENT: Hansu Kim stated that the garage contract is about how corruption happens in city government. The process was transparent and the SFMTA received good bids. The winning contractor has been patiently waiting and wants to know why the contracts haven’t been awarded. He expressed the belief that agents of losing bidders who currently have contracts have influenced the process. His clients were threatened and they will put forth a complaint that addresses this misconduct and that will inform the public about what happened. Fred Bekele, Convenient Parking, stated that a citizen gets different treatment based on their connections. The award of the contracts was not based on merit because his firm clearly won the bid. More relevant was how to satisfy the powerful people that threatened them and that manipulated the system. Corruption exists in San Francisco. David Pilpel reminded the Board that they have exclusive authority over parking garages and facilities. The request of the Mayor to the Controller’s office didn’t originate with the SFMTA Board. The study isn’t appropriate unless the Board has approved the matter. Assets within the Agency are under the SFMTA’s exclusive authority. 8. Citizens’ Advisory Council Report Daniel Murphy, chairman, Citizen’s Advisory Council, reviewed the recommendations of the Citizen’s Advisory Council. Vice Chairman McCray requested a response to the question raised by Mr. Murphy regarding the number of service hours. PUBLIC COMMENT: Peter Witt expressed concern about submitting a ballot measure that would be a “claw to grab more money.” People who don’t use Muni would be taxed because parking permits were originally intended to create parking spaces for residents but now those funds are used to fund the MTA. Residents who drive cars don’t take Muni. There are other ways to tap into people who don’t use Muni. It’s outrageous that the SFMTA is constantly grabbing for money. Barry Taranto stated that there’s a report about meters that doesn’t seem to be accurate. It is important that meters in commercial districts be extended to 7 pm. There is a lot of double parking in different areas of the city. Meters running to 7 pm will make Muni move faster. There is bad publicity out there. 9. Public Comment Dave Schneider stated that the Board has jurisdiction over taxis. On January 11, there was a knife attack on a cab driver. Cab drivers weren’t aware of the incident. He asked for information regarding the procedure to notify drivers so that all cab drivers are aware of what happened. He urged the Board to schedule a hearing on the matter or to request that a plan be developed to address the situation. This will happen again. Barry Taranto inquired about the money from the taxi fund. The Board should request documentation that the money is put back into the taxi wrap fund. Taxi drivers need to have a set time on SFMTA Board agendas. Many drivers won’t do radio calls. Having a debt of $250,000 over 15 years is a long time to owe money to a financial institution. He would like to know what will happen to the chief safety officer position and to enforcement. Emil Lawrence stated that he submitted a letter to the Airport Commission regarding their attempt to take money for short fees. If the Airport Commission can’t make money, the airport should be sold. Taxi drivers don’t have benefits. Mr. Lawrence stated that his experience outweighs the experience of a majority of the Board. He presented a copy of his application to the Mayor to serve as a member of the SFMTA Board. Tone Lee stated that the airport policy will make cab drivers not go south. The airport needs a shuttle policy. Drivers will speed and will put customer’s lives at risk. “Short fares” is an attempt to make money from cab drivers. David Pilpel stated that the Board needs to hear about succession planning. Sam Lau’s leaving will be a significant loss. Mr. Pilpel is willing to meet with staff to discuss the budget and other matters which could head off some disputes. He expressed hope that the Board would schedule a hearing on work orders and work rules. He noted that in the past week, there has been a change to the policy regarding charging for copies of documents. Previously, people weren’t charged for small requests. He stated that there needs to be a process to consider financial hardship. The Board should get a comprehensive report on the entire budget. Peter Witt inquired if they Board has seen his survey and if they had any questions. He has surveyed over 1,000 customers per year for the past ten years. A real pilot project should start with ten cabs and not sixty. He inquired if the Board read the 2006 study regarding Prop. K and equity for drivers. There is nothing about health care, sick leave or retirement for non-medallion holders. He questioned whether customers would benefit from even lower income drivers. (Mr. Witt provided written comments for inclusion in the minutes that may be found at the end of the minutes.) Chairman Nolan asked staff to report back to the Board regarding Caltrain’s fiscal situation and what the SFMTA has done and what it could do regarding violence to cab drivers. 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 ONE SOUTH VAN NESS AVE. SEVENTH FLOOR. CONSENT CALENDAR 10. All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the San Francisco Municipal Transportation Agency Board of Directors and will be acted upon by a single vote. There will be no separate discussion of these items unless a member of the Board of Directors or the public so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item. (10.1) Requesting the Controller to allot funds and to draw warrants against such funds available or will be available in payment of the following claims against the SFMTA: A. Allstate Ins. vs. CCSF, Superior Ct. #CGC10495832 filed on 1/7/10 for $750 B. Mario Palomo vs. CCSF, Superior Ct. #8482415 filed on 12/2/07 for $1,500 C. Mirwella Ramos vs. CCSF, Superior Ct. #476031 filed on 6/5/08 for $3,000 D. Calif. Casualty Ins. vs. CCSF, Superior Ct. #CGC9495479 filed on 12/24/09 for $3,100 E. James Giroux vs. CCSF, Superior Ct. #8474512 filed on 4/22/08 for $19,000 F. Gay Yee vs. CCSF, Superior Ct. #CGC8480794 filed on 10/10/08 for $23,635.63 G. Gregory Todd Stress vs. CCSF, CityLaw #100908 filed on 9/29/08 for $31,175.35 H. Janie Hillyer, vs. CCSF, Superior Ct. #CGC8483006 filed on 12/15/08 for $47,500 I. Marcos Antonio DeSousa vs. CCSF, Superior Ct. #8473052 filed on 3/6/08 for $60,000 RESOLUTION 10-040 (10.2) Rescinding the decision to implement a Peak Hour Express Route Premium Monthly Pass and Cable Car Premium Monthly Pass. (Explanatory documents include a staff report and resolution.) (Sonali Bose) Item 10.2 was removed from the Consent Calendar at the request of a member of the public. PUBLIC COMMENT: David Pilpel stated that since the Board of Supervisors has already acted to reject the item, this was, as a matter of law, not before this body. The Board doesn’t need to act and it would be frivolous to do so. He urged the Board to table the item. RESOLUTION 10-041 On motion to approve Item 10.2: ADOPTED: AYES – Beach, Black, Heinicke, Lee, Nolan and Oka ABSENT – McCray On motion to approve the Consent Calendar (Item 10.2 severed): ADOPTED: AYES – Beach, Black, Heinicke, Lee, Nolan and Oka ABSENT – McCray REGULAR CALENDAR 11. Presentation and discussion of the SFMTA’s Operating Budget for Fiscal Year 2011 and Fiscal Year 2012 including possible increases in various charges or reductions in services to resolve the projected budget deficits for FY11 and for FY12. (Explanatory documents include a slide presentation.) (Sonali Bose) Sonali Bose, chief financial officer, presented the staff report. PUBLIC COMMENT: Teresa Sheehan urged the Board not to cut back services and to keep drivers insured. There will be problems with attrition because of the freeze due to the shortfall. Part-time drivers will lose benefits. Bob Planthold stated that he was impressed at the thoroughness in the range of options presented. He cautioned the Board about possible ballot measures. The public doesn’t understand the commercial parking tax. It is hard to see out the windows when they are wrapped. This is a problem for people with disabilities as they can’t see stops or landmarks at night. David Pilpel stated that there are a lot of moving parts to the budget. His appeal of environmental determination is scheduled to be heard by the Board of Supervisors on April 12. There will be a significant loss in staffing and knowledge with impending retirements but the retirements will have a positive savings in terms of expenses. He requested additional information regarding various campaigns included in the budget and whether those campaigns were additive or complimentary. The FY10 budget is at significant risk which the Board needs to discuss. TWU has scheduled a straw vote of its members. Herbert Weiner stated that more buses and drivers are needed to improve Muni. The SFMTA never advocates for what they need. The elderly, sick and disabled are traded off. The TEP was a blueprint for further cuts. When the economy was booming, services weren’t expanded. The SFMTA has served business well but it hasn’t provided good public service. Dave Snyder expressed hope that the SFMTA is moving towards a budget that restores the service that was cut. The restoration of service is critical for the future of the city. The SFMTA’s budget must be approved by the Board of Supervisors. Riders can find seven votes to reject the budget that doesn’t restore service. Sue Vaughan stated that she has created a Facebook page that supports extending parking meter hours. The budgets presented to the Board on March 30 and to the CAC on April 5 are different because extending parking meter hours in the evening were removed. People who drive will need to pay more. Emil Lawrence stated that if prices are raised during an economic downturn that overall revenue will decline. There are more and more open meters. Meter maids can’t fill their daily quota. People aren’t shopping in San Francisco which relates to reduced ridership and citations. General accounting principles haven’t been applied to the budget. Art Michel suggested that if cuts in service were needed, then those cuts shouldn’t be on major trunk lines that are already overcrowded and heavily used. Cuts to those lines will force people off Muni. Barry Taranto expressed concern about bus drivers pay. They get paid a lot of money when compared to taxi drivers. Drivers need to be held to a standard. Careful consideration must be given to the enforcement of meters on Sundays so businesses don’t lose money. He requested information regarding where the money would come from for the taxicab cost based recovery fees and stated that cab drivers should get to keep monies received from taxi penalties and charges. Forrest Schmidt expressed ongoing opposition to service cuts. Service cuts haven’t seen the light of day. Faith in the Board might have been deserved if service had expanded when the budget expanded. Rallying people against the bus drivers blew up. The distinction between Muni riders and car drivers isn’t clear cut. The SFMTA hasn’t gone after the rich or big business. Peter Witt requested an explanation for revenue generated by taxi service. The pilot program hasn’t even begun. The projections are too aggressive. He expressed appreciation for the cleaning fees and noted that other countries charge $250 to $300 as an incentive to prevent things from happening. The money should go to the drivers since they have to clean things up. Raising the price of taxis will lower the demand for taxis. Chairman Nolan requested that ED/CEO Ford schedule a presentation at the May 4 meeting regarding possible ballot measures and provide information to the Board regarding the time schedule, process and an analysis so that the Board can have an in-depth discussion. 12. Presentation and Discussion of the Hunters Point Shipyard Phase 2 - Candlestick Point Integrated Development Project and related Transportation elements. (Explanatory documents include a staff report.) (Bond Yee) Michael Cohen, Director, Mayor’s Office of Economic Development, and Peter Albert, manager, Urban Planning Initiatives, presented the staff report. PUBLIC COMMENT: Tacora Hollins stated that she has to catch two or more transit lines to get around the city. People aren’t able to afford the cost of public transit. Tera Conroy stated that Muni is expensive and that she would like to see this project built. Erik Butler stated that this project is the best for himself, his family and his community and will mean more jobs and better education. This project should go forward. Gladys Buckner stated that San Francisco Organizing Project leaders have influenced city leaders to make better decisions. In May 2008, the city signed an agreement with Lennar to ensure that families in neighborhood will benefit. The SFOP is in support of the project. This project doubles the amount of affordable housing. Approval will help bring needed resources to the community. Tretha Stroughter stated that she was excited about the project and would love to take advantage of it. Ari Coleman requested increased safety for children and people with disabilities. Curbs need to be kept clear for the elderly and streets have cracks in them. Stormy Henry stated that she is proud of the replacement of affordable housing. The southeast sector is a stepchild of San Francisco with no good transit. This project will bring resources, including money and jobs to the neighborhood. She stated that residents want the southeast sector to look as good as the rest of the city. David Pilpel stated that the inclusion of Caltrain is a significant improvement to the area. The Board should get an update on Caltrain and the city’s commitment to it. The transportation element builds on the work of the TEP which has not been implemented. Environmental review hasn’t begun. He expressed hope that extending transit service and the expansion of existing routes doesn’t occur at the same time as cuts to service in other parts of town. The SFMTA has a history of building new services when they have problems maintaining existing service. The Board should weigh system expansion vs. system maintenance. Arnold Townsend stated that the need for this project is obvious. In every respect, the southeast sector of the city has been treated as if it’s not part of San Francisco. This project will improve it. It’s hard to get around the Bayview on public transit. Javier Marquez stated that there are Spanish and Asian-speaking folks in the Bayview who want the opportunity for homeownership and jobs. There is a lot of diversity in the Bayview. Gary Banks asked the Board to move the project forward. Transportation is critical. The project will open up many opportunities. Peter Witt stated that he was horrified and scared when he went to BVHP. The kind of person who has been subjected to a low education system and broken families is a human tragedy. It’s disgusting that people can’t be fed and educated. He stated that there has been no thought given to taxis being a part of this system and just like the people in the Bayview Hunter’s Point, taxis have been left in the cold. Dorris Vincent expressed support for the project. The community has had a lot of input into the project. There are some problems in the Bayview but people shouldn’t buy into the fear that the Bayview is a terrible place to go. Ninety-five percent of the Bayview community is doing well. Michael Roskie stated that the Board may want to stymie greedy developers. People are poisoning the water table. 13. Authorizing the Executive Director/CEO to execute Amendment One to Contract No. APT 591-01 - LRV Doors and Steps Reconditioning and Systems Rehabilitation, with AnsaldoBreda, to perform a complete rehabilitation of 34 LRVs for $11,996,867 for a total contract amount not to exceed $68,749,421, and to extend the term of the contract from five years to six years. (Explanatory documents include a staff report, resolution and amendment.) (Carter Rohan) Vice Chairman McCray left the meeting. PUBLIC COMMENT: David Pilpel expressed support for the item but would like to know if the funds are part of the ARRA funds associated with the Airport connector. LRV’s are in need of maintenance. RESOLUTION 10-042 ADOPTED: AYES – Beach, Black, Heinicke, Lee, Nolan and Oka ABSENT – McCray 14. Discussion and vote pursuant to Administrative Code Section 67.10(d) as to whether to conduct a closed session and invoke the attorney‑client privilege. PUBLIC COMMENT: On motion to invoke the attorney-client privilege: unanimously approved (McCray-absent). RECESS REGULAR MEETING AND CONVENE CLOSED SESSION CLOSED SESSION 1. Call to Order Chairman Nolan called the closed session to order at 5:30 p.m. 2. Roll Call Present:
Absent: James McCray, Jr. Also present:
3. Pursuant to Government Code Section 54956.9 and the Administrative Code Section 67.8 (a) (3), the Municipal Transportation Agency Board of Directors will meet in Closed Session to discuss and take action on attorney‑client matters in the following case: CONFERENCE WITH LEGAL COUNSEL Existing Litigation: A. Donald Rodriguez vs. CCSF, Superior Ct. #CGC9485668 filed on 3/3/09 for $152,183 RESOLUTION 10-043 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, Nolan and Oka ABSENT – McCray B. James Scacchetti vs. CCSF, Superior Ct. #CGC7467135 filed on 9/13/07 for $295,000 RESOLUTION 10-044 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, Nolan and Oka ABSENT – McCray C. Jennifer and Melissa Hines vs. CCSF, Unlitigated Claim #91106 filed on 4/7/09 and 7/17/09 respectively for $1,126,526.62 RESOLUTION 10-045 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, Nolan and Oka ABSENT – McCray 4. Pursuant to Government Code Sections 54956.9, and Administrative Code Section 67.8 (a) (3) the Municipal Transportation Agency Board of Directors will meet in closed session to discuss attorney‑client matters in the following case: CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation: __X__ As defendant or __X__ As plaintiff 5. 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: IAM Local 1414, IBEW Local 6, SEIU Local 1021, TWU Local 200, TWU Local 250A and MEA 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 6:14 p.m. 15. Announcement of Closed Session. Chairman Nolan announced that the SFMTA Board of Directors met in closed session to discuss the Rodriguez, Scacchetti and Hines cases with the City Attorney. The Board of Directors voted unanimously to settle the cases (McCray-absent). The Board also discussed anticipated litigation and met with their Labor Negotiator but took no action. 16. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved (McCray-absent). ADJOURN - The meeting was adjourned at 6:15 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 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. MATERIAL SUPPLIED BY PETER WITT FOR INCLUSION IN THE SFMTA’s MINUTES OF APRIL 6, 2010. To ensure that the comments are accessible, this material is reproduced exactly as written below. A PDF of the comments will be added to the printed meeting minutes. Item #9 P.C. I assuming you know what a good survey is …….then you know how much a good one costs to produce. Tell me board members have you see my taxi customer survey yet……. Are you sure you have know questions …… like how I did it ? Over 1,000 customers a year, For twelve years with a 93+ RETURN RATE …..SAFTLY. It would be negligent with out any valid taxi-customers data to draw from or mechicnizim in place to measure negative impacts, that surly will occur, as a result of your unprecedented actions. A real pilot program should start with 5 or 10 cabs not 60. And it’s not a test without standers. Did you read the 2006 study, about Prop. K. and equity for drivers. (It’s) NOT about MTA …….which is in direct conflict. Don’t be mistaken….. theres…. Nothing about health care or sick leave or retirement for the non-medallion holder. |
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