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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 On motion to approve the minutes of the March 17, 2009 Regular meeting: unanimously approved. 5. Communications Board Secretary Boomer stated that Item 10.2M regarding establishing a Residential Parking Permit area on Meadowbrook Drive between Eucalyptus Drive and Sloat Boulevard had been removed from the agenda at the request of staff. 6. Introduction of New or Unfinished Business by Board Members None. 7. Executive Director’s Report (For discussion only)
Exec. Director/CEO Ford presented Special Recognition awards to Jessica Manzi, Associate Engineer, Transportation Planning & Development; Lauren Green, Manager, DPT Signal Division; Augustus Doss, Transit Operator; Flynn Division; Debra Lumpkin; Transit Operator; Green Division. Mr. Ford discussed federal New Starts funding for the Central Subway Project. Carter Rohan, Senior Director, Transportation Planning & Development provided a report on the Paratransit Debit Card project. Debra Johnson, Chief of Staff/Director of Administration reported on the SFMTA’s efforts with regard to federal economic stimulus projects. PUBLIC COMMENT: Emile Lawrence stated that his request that his addendum be added to the public record had not been done and that he will send a letter to the Board of Supervisors and Sunshine Ordinance Task Force if it isn’t. Nothing will solve the budget problem except by reducing salaries. Financial problems stem from bloated management salaries. Mr. Lawrence provided a letter regarding the hiring of the Director of Taxis and Accessible Services and requested that the letter be included as part of the meeting minutes. 8. Citizen’s Advisory Council Report Daniel Murphy, Chairman, CAC presented the report. 9. Public Comment James Bryant, SEIU, stated that Prop. A. generated at least $26 million in revenue but not one dollar was spent on behalf of transit services, employees or facilities. The list of money that has been snatched away is robbery. Mr. Bryant expressed hope that it can be rectified immediately. Hansu Kim stated that he has been asked to put together a taxi coalition regarding medallion reform. He commended the SFMTA for their professionalism with regards to the paratransit debit card. Staff has been outstanding in addressing the concerns of the taxi industry but it wouldn’t have happened without Bruce Oka. Mr. Kim expressed hope that future proposals for taxi reform will consider input from the industry and will address long-standing issues. Neil Simonsen stated that the City refuses to respond to calls or cite vehicles that are double-parked in front of religious establishments. These cars block legally parked vehicles, prevent the movement of emergency vehicles and constitutes an endorsement of religion. Mr. Simonsen asked to see the statute that exempts people who park for religious purposes. Barry Taranto stated that access to public documents is tough. He suggested that fare inspectors be put on runs with the most illegal activities. SFMTA proposals will turn taxi drivers into slaves. Enforcement of white zones could bring in millions in revenue. PCO #114 does a good job. Many PCO’s should be saluted because they treat cab drivers with respect. Carl Macmurdo, Taxi Medallion Holder Association, suggested that Hansu Kim and other technical experts study possible structures for financial regulation and write a new law for the collective benefit of cab drivers and the SFMTA. Emile Lawrence stated that the problem with taxi medallions won’t be resolved by the SFMTA and any attempt to overthrow Prop. K will fill meetings with drivers. The SFMTA should put a moratorium on issuing tickets to taxi drivers. The high cost of tickets is outrageous. Martin Smith stated that the cab industry was in disarray. Ms. Hayashi is doing a good job reaching out to drivers. He expressed hope that the SFMTA is ready to work with the industry and that drivers don’t have to work under the threat that their medallions will be taken away. Tariq Mehmood requested the chance for taxi drivers to find a way to raise money that will be good for both the City and the industry. Anything done above drivers’ heads will hurt and will give the SFMTA a bad name. Mike Spain stated that the taxi industry demands more study. The New York City Taxicab and Limousine website deals with medallion sales. It’s an efficient system with an extensive network of lenders for drivers who need to borrow money to get a medallion. Barry Korengold talked about the proposals to change Prop. A. Hundreds of cab drivers are on the waiting list to get a medallion. Changing the system will be disruptive to the industry. Medallions will be owned by lenders. It is unfair to expect taxi drivers to solve the budget problem. Chris Apicella stated that the buses are beeping which keep people awake at night. This problem has gotten worse in the last month. He urged the SFMTA to find a way to address both safety and quality of life issues. David Pilpel stated that he finds it offensive that the SFMTA would schedule a public meeting to discuss the Hayes Street two-way proposal on an important holiday and suggested that the meeting be either rescheduled or that an additional meeting be held. He stated that the proposed budget solutions will affect people who did nothing wrong and should be avoided. 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) 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:
RESOLUTION 09-045 (10.2) Approving the following traffic modifications:
Item 10.2 M relating to establishing a residential parking permit area “DD” on Meadowbrook Drive between Eucalyptus Drive and Sloat Boulevard was removed from the agenda at the request of staff. Item 10.2 O was severed from the Consent Calendar at the request of members of the public. PUBLIC COMMENT: Charmaine Yu expressed support for extending the permit area. Many residents and local businesses support this and it will make 99.9% of the people happy. Ms. Yu requested that the Board approve the item. Michael Woods expressed support for the initiative. It is difficult for people to visit local businesses or for residents to leave their homes because of the parking problems in the area. Residents are prisoners in their own homes. Mr. Woods urged the Board to pass the item and called it a positive move for the neighborhood. Brenda Beebe expressed support for the extension of the “X” parking permit. It’s needed for the neighborhood. Susan Fitch expressed support for the permit parking area. People leave their car all day which makes parking very tough for residents who don’t have a garage. She urged approval of the item. On motion to approve Item 10.2 O: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka RESOLUTION 09-046 (10.3) Rescinding Resolution No. 08-129 and authorizing the Executive Director/CEO to accept and expend $3,576,220 in FY 2007 Transit Security Grant Program Base Grant funds to purchase and install critical security equipment to enhance the security of the SFMTA’s bus and rail systems. (Explanatory documents include a staff report and resolution.) (Sonali Bose) RESOLUTION 09-047 (10.4) Authorizing the Executive Director/CEO to accept and expend $2,237,115 in FY 2007 Transit Security Grant Program Supplemental Grant funds to purchase and install critical security equipment to enhance the security of the SFMTA’s bus and rail systems. (Explanatory documents include a staff report and resolution.) (Sonali Bose) RESOLUTION 09-048 (10.5) Authorizing the Executive Director/CEO to accept and expend $450,000 of Regional Measure-2 funds for a Safe Routes to Transit project to improve pedestrian and disability access to the 24th Street & Mission BART Station. (Explanatory documents include a staff report and resolution.) (Sonali Bose) RESOLUTION 09-049 (10.6) Authorizing the Executive Director/CEO to accept and expend a total of $20,737 from the Bland Family Foundation for preservation and conservation of Muni’s historic photo archives. (Explanatory documents include a staff report and resolution.) (Sonali Bose) RESOLUTION 09-050 (10.7) Authorizing the Executive Director/CEO to execute Contract No. MR-1215, Muni Traction Power Feeder Circuits Upgrade Project to Shimmick Construction Company, in an amount not to exceed $5,537,450 and a term of 366 calendar days. (Explanatory documents include a staff report, resolution and financial plan.) (Carter Rohan) RESOLUTION 09-051 (10.8) Authorizing the Executive Director/CEO to execute Contract No. CS-900, As-Needed Specialized Engineering Services for Rail Vehicle Projects, with Booz Allen Hamilton for an amount not to exceed $5,000,000 and a term not to exceed five years. (Explanatory documents include a staff report, resolution and contract.) (Ken McDonald) Item 10.8 was removed from the Consent Calendar by a member of the public. PUBLIC COMMENT: David Pilpel stated that the Board should consider deferring any contract given the current fiscal circumstances. It would send an important signal. RESOLUTION 09-052 On motion to approve Item 10.8: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka (10.9) Authorizing the Executive Director/CEO to execute Contract No. 583-02, Complete Rehabilitation of SFMTA Streetcar Car No.1, to Brookville Equipment Corporation, for an amount not to exceed $1,883,193, and a term of three years. (Explanatory documents include a staff report, resolution and contract.) (Ken McDonald) RESOLUTION 09-053 On motion to approve the Consent Calendar (Items 10.2 O and 10.8 severed): ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka REGULAR CALENDAR 11. Public hearing to consider options for balancing the Amended Operating Budget for 2009-2010 including possible increases to fares, fees, fines, rates and charges as well as transit service modifications and other expenditure reductions. (Explanatory documents include a staff report.) (Sonali Bose) Sonali Bose, Chief Financial Officer; Julie Kirschbaum, Manager, Transit Effectiveness Project and Christiane Hayashi, Director, Taxi and Accessible Services reviewed the FY10 budget and proposed options to resolve the deficit. Chairman Nolan welcomed the President of the Board of Supervisors, David Chiu who expressed concern about work orders, fare increases and service reductions. PUBLIC COMMENT: Linda Mjellem, Union Square Association, expressed concern about increasing garage rates. Don Baker expressed opposition to the proposal regarding the 17-Parkmerced line. James Bryant, SEIU, expressed opposition to eliminating staff positions. Speakers opposed to the proposal to auction taxi medallions: Joe Mirabila, Bill Mounsey, Veena Dubal, Ed Bennett, George Blake, Bud Hazelkorn, Mark Gruberg, Carol Osorio, Dean Olsen, Ben Valis, Austin Peterson, Mark Harris, Kurt Harrison, Jim Templeton, Mario De La’O, Craig Wilson, David Trotman, David Perlin, Michael Gibbons, David Barlow, David Smith, Emile Lawrence, Abison Chirackal, Drake Batterson, Colin Marcoux, Francoise Spiegelman, Claire Chaunu, Murai, Abdulhadi Yassin, Norma Geer, Grasshopper Kaplan, Saam Aryan, Dave Schneider, Mary McGuire, Chris French, Elizabeth Bradley, David Khan, Barry Korengold, Rua Graffis, Masoud Charsoughi and Peter Witt Speakers opposed to the proposal regarding the 39-Coit line: Joan Wood, Howard Wong and Patricia Cady Speakers in support for auctioning taxi medallions: Charles Rathbone; Tariq Mehmoud; Mike Spain Cathy Davis expressed opposition to the proposal to increasing the fare for group van riders. Barry Taranto expressed opposition to ending routes early. Manish Champsee expressed support for keeping money for maintenance and raising parking meter rates. David Pilpel expressed support for a shared solution, re-examining laying-off workers and not expending funds on certain contracts. Steph Feiring expressed support for fixing fare boxes and not letting people board through the rear door. Herbert Weiner expressed opposition to service cuts and support for laying-off managers. Jean Ellis-Jones, TWU-Local 250-A, expressed opposition to the proposal for the 7-Haight and 41-Union lines. Leah Berlanga, SEIU, expressed opposition to balancing the budget on the backs of working people. Paul Hogarth expressed concern about the Lifeline pass. Reggie McCray, Local 200, expressed opposition to budget cuts and layoffs and support for eliminating duplicate service. Erica Byrne expressed concern about service cuts and people who park on city streets for free. Emanuel Andreas is opposed to service cuts and fare increases. Lisa Puryear expressed concern about extending meter hours until 10 p.m., enforcing meters on Sunday and cutting service. She stated that she doesn’t mind paying more for transit service. Rob Black, Chamber of Commerce, expressed support for enforcing parking meters on Sunday and increasing motorcycle rates and expressed concern about extending parking meter hours beyond six p.m. Vice Chairman McCray left the meeting. Director Lee requested additional information regarding the use of overtime and information regarding “Prop. F” employees. Director Heinicke requested information about levying a tax on people who rent cars at the airport. Chairman Nolan requested additional information regarding work orders. He stated that the overriding principles that he heard expressed by the Board was to cut the least amount of service possible; to resolve the budget deficit as equitably as possible; to think about what could put on the ballot. He suggested that staff continue to look at areas where regional cooperation could produce economies of scale. 12. Public hearing to consider a declaration of fiscal emergency caused by the failure of agency revenues to adequately fund SFMTA operations, programs and facilities for Fiscal Year 2010 pursuant to the California Public Resources Code section 21080.32 and California Environmental Quality Act Implementing Guidelines. (Explanatory documents include a staff report.) (Sonali Bose) PUBLIC COMMENT: Irwin Lum, TWU-Local 250-A stated that the SFMTA faced a similar declaration in 2005 which resulted in the deterioration in service, safety and on-time performance. The downturn in the economy affects mass transit and in particular, seniors and youth who depend on public transit as their sole source of transportation. Voters saw the Prop. A money wiped out by work orders to other city departments. We need accountability from City Hall to ensure the true use of money. Mr. Lum suggested that staff find other ways to balance the budget rather than service cuts. Rafael Cabrera, TWU-Local 250-A stated that it took almost three years to recover from the chaos that resulted from the 2005 declaration. It’s not fair to do what we did in 2005 again. Prop. E promised safe, clean buses to all communities. Cutting service will mean that certain neighborhoods will be without transit service. He asked the Board not to declare a fiscal emergency. David Pilpel stated that he would provide written comments by the end of the week. He expressed concern about whether the fiscal ship had been righted or if adequate notice had been provided. He suggested that the Budget Analyst for the Board of Supervisors analyze the situation. He noted the exemptions for environmental review were limited to service reductions or increases. The exemption doesn’t include service to new areas. 13. Approving a methodology for indexing charges by using a formula incorporating labor charges and the Bay Area Consumer Price Index to be applied to transit fares, parking citation fines, parking garage rates and other relevant charges beginning Fiscal Year 2011. (Explanatory documents include a staff report, resolution and plan.) (Sonali Bose) Item 13 was continued. 14. Adopting criteria establishing the type of information which would be sufficient to warrant an investigation into the illegal operation of a taxi business or vehicle, and establishing a fine in the amount of $5,000 for each violation. (Explanatory documents include a staff report, resolution and Government Code.) (Christiane Hayashi) Item 14 was continued. 15. Adopting various amendments to Article 1100, Division II of the San Francisco Transportation Code regarding Motor Vehicles for Hire. (Explanatory documents include a staff report, resolution and proposed amendments.) (Christiane Hayashi) Item 15 was continued. 16. Authorizing the Executive Director/CEO to advertise a Request for Proposals for the Operation and Management of Parking Facilities. (Explanatory documents include a staff report, resolution and RFP.) (Amit Kothari) Mr. Ford stated that staff would like to amend the resolution to stipulate that any existing contract would complete its’ current term and after the term expires, the contract would revert to the new contractor. PUBLIC COMMENT: Kevin Wong stated that each contract is unique and should be handled differently. He urged the SFMTA to not reverse the work done over the past 15 years with regard to encouraging small business. He requested that the requirements for finance and experience be lowered. It is unfair to award contracts to just two or three garage operators. Deputy City Attorney stated that the resolution needed to be amended to require that managers selected through the RFP process would not assume management of a facility until such time as the existing management agreement expired. Director Heinicke recused himself from voting on the amendment and on the resolution. On motion to approve the amendment: ADOPTED: AYES – Beach, Black, Lee, Nolan and Oka ABSENT - McCray RECUSED - Heinicke RESOLUTION 09-054 On motion to approve the RFP as amended: ADOPTED: AYES – Beach, Black, Lee, Nolan and Oka ABSENT - McCray RECUSED - Heinicke 17. Authorizing the Executive Director/CEO to advertise a Request for Proposals for Contract No. CS-155, Professional Architectural and Engineering Service for the Final Design and Construction Phases of Central Subway, Third Street Light Rail Project Phase 2, including feasibility and engineering services for a new central control facility, to evaluate proposals and negotiate a contract with the selected Consultant. (Explanatory documents include a staff report, resolution and RFP.) (Carter Rohan) Carter Rohan, Senior Director, Transportation Planning & Development discussed the SFMTA’s efforts to maximize opportunities for small, local businesses. PUBLIC COMMENT: David Pilpel stated that the Central Subway project is bad and that he doesn’t like it. He requested the latest projections for the operating cost increment over current operations. The project will likely have higher operating costs. Mr. Pilpel also asked for information about the new Central Control facility. RESOLUTION 09-055 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, Nolan and Oka ABSENT - McCray 18. 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 expressed hope that the SFMTA is taking steps to reduce million-dollar risks in the future. 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 7:35 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. Meixiao Ruan vs. CCSF, Superior Ct. #CGC8473698 filed on 3/27/08 for $950,000 RESOLUTION 09-056 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: 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 7:54 p.m. 19. Announcement of Closed Session. Chairman Nolan announced that the SFMTA Board of Directors met in closed session to discuss Ruan vs. CCSF with the City Attorney. The Board of Directors voted unanimously to settle the case. They also met in closed session for a conference with their labor negotiator. No action was taken. There was no discussion of or action taken regarding anticipated litigation. 20. 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 7:55 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 Ave., Suite 220, SF, CA 94102-6027 or the web site: sfgov.org/ethics. April 7, 2009 (letter revised for inclusion in 04/07/09 MTA minutes) CEO Nathaniel Ford Re: Review of “Draft Motor Vehicle for Hire Regulations” (DMVHR) (Copy 01/06/09) as presented to SFMTA BOARD OF DIRECTORS, Addendum & Revision to DMVHR for MTA Board Hearing 02/03/09 CEO Ford & Commissioner Tom Nolan: This letter is being delivered to Mr. Ford & all MTA Commissioner, Tom Nolan. On March 10th, 2009, I requested my Addendum & Revision to the Draft of the Motor Vehicle For Hire Regulations (DMVHR), to be included on the electronic file and in the hard copy file. I am including this document because Mayor Gavin Newsom, CEO Nathaniel Ford/MTA Commissions proceeded to pick an attorney from the Mayor’s inner circle, Chris Hayashi for a post on the Civil Service Registry, for which she was not qualified. The Taxi/Director posting did not request an attorney, but an Administrative Analyst from the Civil Service Registry. This has happened three times, since 2006. This candidate, Emil Lawrence, was the most qualified applicant for the present Taxi Director’s post by the stated “mandatory” Civil Service qualifications or posting. Sincerely, |
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