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ORDER OF BUSINESS 1. Call to Order Chairman Nolan called the meeting to order at 2:05 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 June 26, 2009 Special Meeting: unanimously approved (McCray-absent). On motion to approve the minutes of the July 14, 2009 Special Meeting: unanimously approved (McCray-absent). Vice Chairman McCray arrived. 5. Communications Board Secretary Boomer stated that Item 12 regarding the Performing Arts Garage and the Slone claim scheduled for discussion in closed session had been removed from the agenda. 6. Introduction of New or Unfinished Business by Board Members None. 7. Executive Director’s Report (For discussion only)
Exec. Director/CEO Ford discussed the recent accidents at the West Portal Station and Market and Noe Streets. Ken McDonald, chief operating officer discussed SFMTA safety performance. Mr. Ford stated that the Board would receive monthly safety reports. Mr. Ford announced the resignation of Chief Operating Officer Ken McDonald and expressed appreciation for his work. Chairman Nolan thanked Mr. McDonald on behalf of the Board. Exec. Director/CEO presented Special Recognition Awards to Warren Cole, manager, Organizational Development, Administration Division; Bernie Ancheta, assistant engineer, Contracts and Quality Management, Transportation Planning & Development Division; Edwin Dinozo, wire rope maintenance mechanic, Cable Car Division, Muni Operations; and Dominic Leung; transit operator, Presidio Division, Muni Operations.. Mr. Ford discussed a court case regarding a PCO and a member of the public who was shouting obscenities at the PCO. The assailant was taken into custody and a jury found the defendant guilty of a misdemeanor. An appeal will be heard in September. Mr. Ford reported on fulfilling the “Make-A-Wish” foundation request for Henry Mulvey who wanted to ride historic trolley car #952. Bond Yee, director, Parking & Traffic, reviewed the work planned for the Bay Bridge which will require closure of the bridge over the Labor Day weekend. Julia Friedlander, deputy city attorney, reviewed the status of purchasing insurance. As of July 23, all issues were resolved and the policy was procured. The policy covers occurrences from July 1, 2009 through June 30, 2010. PUBLIC COMMENT: Irwin Lum, president, TWU-Local 250-A, stated that unions members consider safety to be crucial. They want to identify problems and figure out how to fix the issue. The on-time performance measure has put pressure on 250-A members and has created unsafe situations. Operators have been disciplined for being late. It’s a “no-win” situation when the schedules aren’t realistic. 8. Citizens’ Advisory Council Report No report. 9. Public Comment James Bryant, SEIU 1021, stated that the SEIU and its’ members have a problem with the fact that there is no written and signed agreement in place. The July 4 holiday was removed from employee’s pay. Mr. Bryant expressed concern that the Board received information that wasn’t true. Members have asked for copies of the agreement and have requested resolution. Mr. Bryant expressed hope that the Board would resolve the problem. Dominic Garrett, SEIU, stated that the SFMTA has taken illegal concessions. There was no contract in place when the concessions went into effect. The SFMTA has refused to meet with SEIU. Parking Control Officers are opposed to the pay by cell system because the pilot program didn’t work. The system was down most of the time during the pilot period. The safety mask provided by the SFMTA doesn’t fit well on people who have facial hair. John Avalos, Supervisor, BOS, expressed support for good faith bargaining. Reggie Drake, SEIU, stated that the SFMTA doesn’t have a contract with SEIU regarding concessions. Members don’t like the concessions and want them to be given back. Damita Davis Howard, SEIU 1021, stated that employees want to do their part but the SFMTA has to do theirs. She requested that the Board ask staff to negotiate in good faith. Ernestine Weiss stated that conditions on the F line are disgraceful. There is no supervision or discipline. A supervisor should be at Ferry Building. People are packed into vehicles and it’s hard to get off of a vehicle safely. Drivers are distracted by people are talking to them. Training has to do a better job. Dorian Maxwell stated that Muni schedules violate safety rules. Management has failed to fix the problem and then uses operators as scapegoats. Traffic signals aren’t transit friendly on some routes. Operators are driving buses that exceed the maximum load. There are no restrooms for operators. Schedules need to address driver recovery time. Karen Ames stated that the arts groups in the Civic Center area have enjoyed a productive relationship with Performing Arts Garage and expressed hope that the standard garage hours will continue in the future. The ability to arrive early for a performance contributes to the economic vitality of the neighborhood. James Haas expressed support for the postponement of Item 12. Civic Center isn’t a static place. The city has committed to build a new office building at Golden Gate and Polk Street. The Civic Center Auditorium will have a new and expanded use. A new performing arts venue is going to be built with over 750 seats. Some initiatives have been made in the short term but they will have little effect if the public is unaware. Staff needs to improve the public’s knowledge of their parking options. Staff needs to improve traffic flow at the Civic Center garage. The suggestion that it will cost $800,000 to conduct an EIR is “out of whack” and needs to be reviewed because the Market/Octavia EIR addressed many of the same issues. Francisco Da Costa expressed hope that the Board heard the message from Supervisor Avalos and union members and that the Board will do the right thing. Speaking about recent accidents, Mr. Da Costa stated that SFMTA vehicles can’t be controlled from any central command and there is no accountability or transparency. Infrastructure has to be upgraded. The SFMTA needs to tell its constituents whether the SFMTA has a reliable system. Mark Gruberg expressed hope that the distinction between Muni drivers and cab drivers is appreciated. Both are responsible for transporting the public and both have dangerous jobs however there is a stark contrast in their working conditions, pay and benefits. The Daly charter amendment would have preserved Prop. K principles but it was derailed. It would have ensured that cab drivers would have received disability and retirement benefits. The Board has not discussed Prop. K and whether to revise it. Roger Bazeley asked for a resolution in support of improving pedestrian safety. He stated that traffic safety enhancements should be installed near major senior centers, schools, libraries, etc. which are located contiguous to a major arterial street or transit corridor or near major intersections. Poor maintenance due to construction is dismantling the good work of new crosswalk markings. There aren’t enough personnel who can correct defective signs or trim trees to make signs visible. Peter Witt stated that he is deeply concerned about the direction of taxis. He expressed concern about misinformation and concealed information that was provided to the defunct Taxi Commission. Mr. Witt provided a customer survey to the Board and stated that he has been submitting customer surveys to former Taxi Commission for the past ten years. He expressed concern about the mental health and psychological stresses of cab drivers. Taxi drivers don’t have a union. The SFMTA mission doesn’t include taxis. Mr. Witt played an audio tape from a 1997 Taxi Commission meeting regarding customer surveys. Emile Lawrence expressed appreciation that union members were complaining about making $27/hour when taxi drivers have zero. Mr. Lawrence requested that keys to all bathrooms used by Muni Drivers be provided to every taxi driver. If the SFMTA doesn’t comply, he will file a complaint for failure. Muni drivers don’t have more rights than taxi drivers. There needs to be more transparency on taxi issues and the Board needs to have a separate taxi meeting. If you don’t have a separate discussion on taxis, Mr. Lawrence will file a complaint and ask for a $10,000 per day fine. Barry Taranto stated that the recent accidents disturb him. There are a lot of supervisors at intersections who are on their cell phones. An overhaul of the inspector system is very important. Drivers need to make sure that they aren’t close to each other. The Board needs to get a public report as soon as the investigation is done. Buses should be included in the “Proof of Payment” program. Inspectors should deter people forever from not paying their fare. Muni fares are a bargain. Cab drivers don’t make what an operator makes. White zones aren’t being enforced during evening hours at hotels. 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:
RESOLUTION 09-119 (10.2) Approving the following traffic modifications:
(Explanatory documents include a staff report and resolution.) (Bond Yee) RESOLUTION 09-120 Item 10.2Q was severed from the agenda at the request of a member of the public. PUBLIC COMMENT: Barry Taranto stated that it is unusual to establish a traffic light mid-block and that it’s important to time those lights with the lights at major intersections. On motion to approve item 10.2Q: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka (10.3) Authorizing the Executive Director/CEO to execute and file applications for funding under the FTA Section 5307, FTA Section 5309 FG, and/or Surface Transportation Program of SAFETEA-LU in the amount of $322,049,936 for Paratransit Operating Assistance; Paratransit Vehicle Replacement; TEP Capital Implementation Program; Central Control & Communications Facility; Cable Car Infrastructure Rehabilitation Program; Cable Car Vehicle Renovation; Escalator Rehabilitation; Historic Vehicle Rehabilitation; Motor Coach Replacement – 45-40’ Alternate Fuels Vehicles; Trolley Coach Replacement – 60-60’ Electric Vehicles; Overhead Rehabilitation Program; Rail Replacement Program; Wayside Fare Collection Equipment Rehab/Replacement; Wayside/Central Train Control Program; and Neoplan Clean Diesel Vehicle Rehabilitation – 170 Vehicles. (Explanatory documents include a staff report and resolution.) (Sonali Bose) Item 10.3 was severed from the Consent Calendar at the request of a member of the public. PUBLIC COMMENT: Roger Bazeley requested improved markings for cable cars. Traffic doesn’t stop for people who alight from a cable car. The same material used for accessible ramps should be used to designate cable car stops. He also stated that the next procurement of vehicles should be low floor because low floor vehicles make a tremendous difference for seniors and people with disabilities RESOLUTION 09-121 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka (10.4) Authorizing the Executive Director/CEO to accept and expend $2,025,000 of flexible FHWA CMAQ funds for the preliminary engineering and design of Muni’s Third Street Phase II - Central Subway project. (Explanatory documents include a staff report and resolution.) (Sonali Bose) RESOLUTION 09-122 (10.5) Authorizing the Executive Director/CEO to accept and expend up to $1,089,413 in Transportation Development Act funds for bicycle facilities, bicycle parking, and for bicycle safety programs. (Explanatory documents include a staff report and resolution.) (Sonali Bose) Item 10.5 was severed from the Consent Calendar at the request of a member of the public. PUBLIC COMMENT: Roger Bazeley stated that miles of bike lanes will be added as part of the Bicycle Plan. There are vehicle codes that outline the rules that cyclists must follow. Bike injuries and fatalities are low but there is a problem with the lack of bicycle licensing. Cyclists should be required to have protective headgear and use lights after dark. Money should be spent to train cyclists to be visible to motorists. Chairman Nolan asked staff to look into licensing requirements for bicyclists. RESOLUTION 09-123 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka (10.6) Awarding Contract No. 1233, Miscellaneous Rail Replacement Project, to Shimmick Construction Company, in the amount of $8,729,354 to replace worn track work and related work at seven locations and replace one ADA ramp. (Explanatory documents include a staff report, resolution and financial plan.) (Carter Rohan) RESOLUTION 09-124 (10.7) Authorizing the Department of Public Works to award DPW Contract No. 1577J: Accessible Pedestrian Signals (APS) – Phase 2 to Bay Area Lightworks to install pedestrian pushbutton poles and conduits at 29 designated intersections in San Francisco, for a total contract amount not to exceed $132,680. (Explanatory documents include a staff report, resolution and financial plan.) (Bond Yee) RESOLUTION 09-125 (10.8) Authorizing the Executive Director/CEO to execute Modification No. 1 to Contract No. 1223, Job Order Contract, with Yerba Buena Engineering and Construction, to increase the contract amount by an $1,500,000 for a total contract amount of $4,500,000, with no increase in time, to perform additional work related to infrastructure and facility enhancement and maintenance. (Explanatory documents include a staff report, resolution and amendment.) (Carter Rohan) RESOLUTION 09-126 (10.9) Authorizing the Executive Director/CEO to execute the First Amendment to Contract No. CS-144, Implementation of a Job Order Contracting Program, with The Gordian Group, to increase the contract amount by $150,000 for a total contract amount not to exceed $450,000, with no increase in time. (Explanatory documents include a staff report, resolution and amendment.) (Carter Rohan) RESOLUTION 09-127 (10.10) Authorizing the Executive Director/CEO to execute the Third Amendment to the Elevator Maintenance Agreement with ThyssenKrupp Elevator Company, to enter into a contract modification in the amount of $65,214 to increase the not to exceed total contract amount to $423,979 to pay for charges for callback repairs and to provide additional funds for future callback events. (Explanatory documents include a staff report, resolution and amendment.) (Ken McDonald) RESOLUTION 09-128 (10.11) Authorizing the Executive Director/CEO to execute Contract Amendment No.4 to the SFgo Initial Phase Agreement for Professional Services and Software License with Telvent Farradyne, extending the term of the Agreement to March 26, 2010 at no cost to the City. (Explanatory documents include a staff report, resolution and amendment.) (Bond Yee) RESOLUTION 09-129 (10.12) Approving plans and specifications and authorizing the Executive Director/CEO to advertise Contract No. 1250, Third Street Light Rail Program, Phase 2 Central Subway – Moscone Station and Portal Utilities Relocation. (Explanatory documents include a staff report, resolution and financial plan.) (Carter Rohan) RESOLUTION 09-130 (10.13) Authorizing the Executive Director/CEO to issue a Request for Proposals for Contract No. 2008/09-53, Automated Red Light Photo Enforcement Program, and negotiate a contract for administration, maintenance, and expansion of the Red Light Camera Program with the selected proposer(s) for a term not to exceed five years. (Explanatory documents include a staff report, resolution and RFP.) (Bond Yee) RESOLUTION 09-131 (10.14) Authorizing the Executive Director/CEO to issue a Request for Proposals for Pay-By-Phone services for on- and off-street parking at metered parking spaces controlled by the SFMTA and the Port of San Francisco. (Explanatory documents include a staff report, resolution and RFP.) (Sonali Bose) RESOLUTION 09-132 (10.15) Determining that Director Heinicke’s representation of Five Star Parking in matters unrelated to the SFMTA and to garages under the management of the SFMTA, and Munger Tolles & Olson’s representation of Five Star Parking in all matters, do not conflict with the mission of the SFMTA, do not impose excessive time demands, are not subject to review by the Department, and are not otherwise incompatible and therefore prohibited by section III of the Statement of Incompatible Activities. (Explanatory documents include a staff report, resolution and letter.) (Roberta Boomer) Director Heinicke severed the item from the Consent Calendar in order to recuse himself. RESOLUTION 09-133 On motion to approve: ADOPTED: AYES – Beach, Black, Lee, McCray, Nolan and Oka RECUSED – Heinicke (10.16) Authorizing the Executive Director/CEO or his designee to execute an agreement with Chrisp Company regarding a gift to the City and County of San Francisco of re-striping lane lines on Sunset Boulevard between Ocean Avenue and Irving and on Junipero Serra Boulevard from 19th Ave. to Sloat Boulevard, valued at approximately $8,000. (Explanatory documents include a staff report, resolution and agreement.) (Bond Yee) RESOLUTION 09-134 (10.17) Adopting an overall annual goal of 22 percent for DBE participation in FTA-assisted contracts for FFY 2009-2010. (Explanatory documents include a staff report, resolution and methodology. (Debra Johnson) RESOLUTION 09-135 (10.18) Authorizing the Executive Director/CEO to execute the Contract No. SFMTA 2009/10-60, Software and Equipment Maintenance Services Agreement for Automatic Vehicle Location System, with NextBus for an amount not to exceed $1,977,429 per year and an initial term of two years with options to extend the term for up to an additional two years and accepting the work performed under Contract MR 1138 by NextBus and authorizing the Executive Director/CEO to execute the Final Modification and Close-out Agreement. (Explanatory documents include a staff report, resolution and contract.) (Ken McDonald) RESOLUTION 09-136 (10.19) Fixing the wage schedule for Transit Operators, classification 9163 as $27.915 per hour as of July 1, 2009, the level in place as of June 30, 2009. (Explanatory documents include a staff report, resolution and memo.) (Debra Johnson) RESOLUTION 09-137 On motion to approve the Consent Calendar (Item 10.2Q, 10.3, 10.5 and 10.15 severed): ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka REGULAR CALENDAR 11. Establishing a policy for medallion holders who request temporary suspension or temporary reduction of the Full-Time Driving requirement for reasons of temporary physical incapacity. (Explanatory documents include a staff report and resolution.) (Christiane Hayashi) Christiane Hayashi, director, Taxis and Accessible Services, presented the staff report. PUBLIC COMMENT: Barry Taranto stated that the current policy is being tweaked to clarify it. Mr. Taranto expressed support but is concerned about possible ambiguity of the medical documentation provided to staff and urged staff to seek either further physical or a second opinion. It is important to verify the information if there is any doubt. Mark Gruberg expressed support for the item and suggested that there should be a corresponding policy for medallion applicants. There should be an allowance for those who are on the waiting list on a case by case basis. Ed Julie stated that this action is piecemeal and bears more discussion. It doesn’t address the needs of people who are permanently disabled. Barry Korengold, San Francisco Cabdrivers Association, stated there should be some allowance for medallion applicants. Martin Smith, Medallion Holder, stated that there should be discussion with the industry on this item before the Board acts. There are ADA factors that may trump this plan. RESOLUTION 09-138 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka 12. Acting as the Parking Authority Commission, authorizing the Executive Director/CEO to postpone the environmental assessment and preparation of an Environmental Impact Report concerning the potential expansion of the Performing Arts Garage until economic conditions improve and parking demand increases significantly, and funding sources for the build-out are identified. (Explanatory documents include a staff report, resolution, map and letter.) (Amit Kothari) Item 12 was removed from the agenda at the request of staff. 13. Authorizing the Executive Director/CEO to reduce the Park & Ride validation rate to $3.00 per vehicle for all-day parking on Saturdays and Sundays at the Golden Gateway Garage and revise the effective hours for the evening rate at the Portsmouth Square Garage to entry after 5:00 p.m. and exit by 4:00 a.m., and that each validation stamp provides a $6 discount off the total fee. (Explanatory documents include a staff report and resolution.) (Amit Kothari) No public comment. RESOLUTION 09-139 On motion to approve: ADOPTED: AYES – Beach, Black, Lee, McCray, Nolan and Oka RECUSED – Heinicke 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. 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 4:41 p.m. 2. Roll Call Present:
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. William Slone vs. CCSF, Ninth Circuit U.S. Ct. of Appeals #816726 filed on 7/26/07 The Slone case was removed from the agenda and was not discussed. B. Arlene Mackenroth vs. CCSF, Superior Ct. #452219 filed on 5/12/06 for $150,000 RESOLUTION 09-140 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka C. Henry & Lon Fong Dea vs. CCSF, Superior Ct. #9485620 filed on 3/2/09 for $170,000 RESOLUTION 09-141 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, and Nolan ABSENT - Oka D. The Fan Family vs. CCSF, Superior Ct. #3482162 filed on 11/21/08 for $2,250,000 RESOLUTION 09-142 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka 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 cases: 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: TWU, Local 250-A, SEIU Local 1021 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 5:50 p.m. 15. Announcement of Closed Session. Chairman Nolan announced that the SFMTA Board of Directors met in closed session to discuss the Mackenroth, Dea and Fan cases with the City Attorney. The Board of Directors voted unanimously to settle all three cases. The Slone case had been removed from the agenda and was not discussed. The board discussed anticipated litigation and discussed labor negotiations 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 except as the information relates to labor negotiations with SEIU: unanimously approved. On motion to disclose the information discussed regarding labor negotiations with SEIU: unanimously approved. Chairman Nolan stated that the SFMTA Board finds that the SFMTA bargained in good faith with SEIU. That there is a valid MOU in place as approved by the membership of SEIU and as ratified by the SFMTA Board on June 26, 2009 and that the SFMTA’s MOU establishes the same term as the city-wide agreement that was ratified by the Board of Supervisors. On the motion to support the statement made by Chairman Nolan: ADOPTED: AYES – Beach, Heinicke, Lee, McCray, Nolan and Oka NAYES – Black ADJOURN - The meeting was adjourned at 5:52 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 415-252-3100; fax: 415-252-3112; 25 Van Ness Ave., Suite 220, SF, CA 94102-6027 or the website: sfgov.org/ethics. |
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