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ORDER OF BUSINESS 1. Call to Order Chairman McCray had asked Vice Chairman Nolan to preside over the meeting. Vice Chairman Nolan called the meeting to order at 2:11 p.m. 2. Roll Call Present:
3. Announcement of prohibition of sound producing devices during the meeting. Vice 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 August 5, 2008 Regular Meeting: unanimously approved (Absent – Heinicke). 5. Communications Vice Chairman Nolan welcomed John Kennedy who was serving as Deputy City Attorney in the absence of Julia Friedlander. Board Secretary Boomer stated that the anticipated litigation scheduled for closed session had been removed from the agenda. 6. Introduction of New or Unfinished Business by Board Members None. Director Heinicke arrived. 7. Executive Director’s Report (For discussion only)
Executive Director/CEO Ford initiated the 15-day “Sunshine” period for the MOU with TWU Local 250-A. Mr. Ford also updated the Board on the PCO Safety Campaign and ongoing training efforts, service for 49’er football games, Cubic Contract, status of the UPP Grant, “Culture Bus”, SFMTA 2008 Bus, Maintenance and Enforcement Roadeo and “Sunday Streets”. Mr. Ford introduced Amit Ghosh, interim Deputy Director for Transportation Planning and Raj Shah, Deputy Director, of Transportation Development. Wade Crowfoot from the Mayor’s Office provided an overview of the Mayor’s ballot measure regarding the Transportation Authority. Kenneth McDonald, Chief Operating Officer presented an update on the Twin Peaks Tunnel repair project. Sonali Bose, Chief Financial Officer, presented a review of the Risk Management efforts. Ms. Bose will report back to the Board. PUBLIC COMMENT: Irwin Lum, President, TWU 25-A, expressed support for the 250-A MOU. Prop B agreed to a one-year wage freeze starting on July 1, 2009. These savings can be used to make service improvements. Union members have been the victim of media bashing and constant infighting between the Mayor and the Board of Supervisors. News articles instigate further verbal abuse of 250-A members which affects workforce morale. 250-A has their share of problem employees but they and the entire workforce shouldn’t be condemned. We need to work together as partners to improve through training, dialogue and being proactive. Bob Planthold stated that customer service needs to improve. The face of Muni is the people in the brown or blue uniforms. They put up with the problems that customer’s experience. If the TEP kills the 26-Valencia line, will the SFMTA commit to replacing every missed run on the 14-Mission? People in wheelchairs use the 26-line in order to get a seat. They won’t be better off if the TEP doesn’t improve service on the 14-Mission. Crystal Java, SEIU, spoke in support of the driver’s contract. Muni is getting better. Vehicles show up on time, drivers are friendly, and POP officers are doing their job. Drivers asking for a “status quo” contract. Norm Rolfe stated that he is glad to hear that tolling for Doyle Drive has been removed from the UPP grant but understands that rebuilding Doyle Drive is still included. The Board should say “no” to the idea of “jacking up” the price of parking meters to pay for it. A safe six-lane roadway could be built with the money they already have on hand. Tell them to keep their hands off of parking meter revenue. Tell them to get off of their fixation to build a freeway through the Presidio. Leah Berlanga, SEIU 1021, stated that they have been meeting with the Human Resources (HR) division to review the salary survey. Parking Control Officers (PCO’s) do duties over and above any other jurisdiction yet HR has dismissed additional compensation. Ms. Berlanga stated that she was appalled to hear about the launching of safety training after the fact. PCO’s were threatened today for attending the Board meeting. They are planning to take action. Dominic Garrett stated that they have asked for safety training repeatedly and have asked for ongoing training regarding how to diffuse different situations. Assaults will go up when the fines go up. They want every PCO to be prepared and to be able to defend themselves. James Bryant, SEIU 1021, stated that this is the second time they have addressed the Board regarding PCO safety. The promised training hasn’t happened in the manner we hoped it would. Mr. Bryant is most concerned that employees have a right for their voices to be heard before all bodies that represent them and yet members have been faced with threats of reprisal for showing up at this meeting. Barry Taranto stated that he would file a sunshine ordinance complaint. Everyone should have had an equal opportunity to speak. Mr. Taranto stated that he has taken the J-church twice but had to get off the vehicle and take alternative transportation. He questioned why the operator who was tailgating wasn’t fired and suggested that it’s because staff doesn’t care. Vice Chairman Nolan requested regular updates regarding training for PCO’s. 8. Citizen’s Advisory Council Report Daniel Murphy, Chairman, CAC presented the report. 9. Public Comment Brian Wishnefsky expressed appreciation to staff for taking care of his parking issue. He was told that residential signs are put on trees but there isn’t a sign on his block because there are no trees. He requested proper notification of no stop zones. It is every citizens’ right to be equally notified. It’s a big mistake to build revenue through bogus laws. Mr. Wishnefsky stated that he is a victim of a bad law and consequently was subjected to a bad process. Jeannette Berser suggested that PCO hours be extended. She has had to call the police department to tow vehicles out of her driveway and they have other things to do. She stated that she had sent an e-mail to the SFMTA but hasn’t heard back. Emil Lawrence stated that people don’t have to have black skin to be discriminated against. They just have to have the wrong political background. He has been blocked from city positions and this time he was blocked from serving on the Taxi Advisory Group. Howard Strassner stated that he had submitted a letter about raising parking meters to fund Muni. People who drive to a free place to park get in the way of a Muni bus so it’s fair to have cars pay more. Drivers are encouraged by free parking. Mr. Strassner questioned why garages should charge people who park monthly less than the market rate. Garages should charge everyone an extra fee during rush hour. Barry Taranto stated that Proof of Payment inspectors were on the J-Church but not on the 14-Mission line. They should focus on locations where there are the greatest numbers of people who are trying to avoid payment. There are more people in the Mission who are trying to avoid paying the fare. There are many missed runs on the J-Church line which makes him miss meetings. During the day, it’s hard to get dispatchers to take his information and Dispatcher #367 insulted him when he was trying to explain that a violation was occurring. The SFMTA needs to do a better job of communicating to the public when a run is missed. Bob Planthold stated that the SFMTA needs to provide better customer service when things go wrong. He was at an intersection where problem was occurring and nobody knew what was happening. Staff wasn’t talking with each other. Mr. Planthold suggested that the SFMTA look into the NERT Incident Command System. There is no consistent, coordinated communication that tells passengers know where to go and what’s happening. Jane Bolig, President, DeSoto Cab, expressed appreciation for the opportunity to serve as a member of the Taxi Advisory Group (TAG). She hopes that the TAG will be able to provide useful recommendations. The taxi industry is small in comparison to the SFMTA. They look forward to working productively on issues of concern to the taxi industry. 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 Municipal Transportation Agency Board and will be acted upon by a single vote. There will be no separate discussion of these items unless a member of the Board 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 08-143 (10.2) Approving the following traffic modifications:
Item 10.2 N was severed at the request of a member of the public. PUBLIC COMMENT: Barry Taranto stated that there is minimal traffic crossing at this intersection so there is no need for a stop sign. It’s not broken, it doesn’t need fixing. The Board should ask for a traffic count. Adding this stop could delay the 35-line buses. He has never seen any incidents or accidents and suggested that staff do further research. It’s a waste of money and time to put in a stop sign. On motion to approve Item 10.2N: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka RESOLUTION 08-144 (10.3) Authorizing the Executive Director/CEO to accept and expend $200,000 in FTA New Freedom assistance for its NextMuni Audible Arrival Time Push-to-Talk project. (Explanatory documents include a staff report and resolution.) (Sonali Bose) RESOLUTION 08-145 (10.4) Authorizing the Executive Director/CEO to execute Contract Amendment No. 6 to Contract No. MR-1034R, Advanced Train Control System Project, with Thales Rail Signalling Solutions, to extend the Contract Term for six months, from September 6, 2008 to March 6, 2009 (Explanatory documents include a staff report, resolution and financial plan.) (Carter Rohan) RESOLUTION 08-146 (10.5) Approving the Japan Center Garage Corporation’s revised Fiscal Years 2009 and 2010 Operating Budget for the Japan Center Garages. (Explanatory documents include a staff report, resolution and budget.) (Amit Kothari) This item was severed at the request of a member of the public. PUBLIC COMMENT: Richard Hashimoto, Japantown Garage Corporate Manager, expressed appreciation for the item. They worked with staff to address the needs that were expressed at the last meeting. RESOLUTION 08-147 On motion to approve Item 10.5: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka On motion to approve the Consent Calendar (10.2 N and 10.5 severed) ADOPTED: AYES – Beach, Black, Lee, McCray, Nolan and Oka ABSENT – Heinicke REGULAR CALENDAR 11. Authorizing the Executive Director to execute a Senior and Disabled Transit Fare Pilot Program Agreement with BART. (Explanatory documents include a staff report and resolution.) (Debra Johnson) Bruce Oka expressed appreciation to staff for their work. PUBLIC COMMENT: Bob Planthold asked the Board to support the pilot program. RESOLUTION 08-148 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka 12. Presentation and Discussion of Homeland Security Initiatives. (No explanatory documents) (Antonio Parra) Antonio Parra, Director of Safety, Security and Enforcement presented the report. PUBLIC COMMENT: Emil Lawrence expressed appreciation for the security initiatives that the SFMTA has taken. He stated that there seems to be good reason to explode overtime for security. At the Taxi Commission, 40% of the overtime is used by the Police. This may become a problem as security is expanded. Vice Chairman Nolan requested that Item 14 be called before Item 13. 13. Authorizing the Executive Director/CEO to advertise a Request for Proposals for advertising on SFMTA property. (Explanatory documents include a staff report, resolution and RFP.) (Sonali Bose) Director Beach stated that the Board needed to revise their advertising policy to set advertising parameters prior to approval of the contract. He expressed his objection to wrapped vehicles that cover the windows. E.D. Ford stated that staff would prepare a briefing for input by the Board and then would return with a revised policy. PUBLIC COMMENT: Steve Shinn, CBS Outdoor, commended staff for their diligence. They have a few issues to raise such as proposer qualifications, economic terms, naming the guarantor of the financial officer and the lack of a basis for certain advertising opportunities listed in the RFP. He noted that bidders are being asked to bid on the Central Subway, which isn’t built yet. He suggested revising the RFP to include a suggested MAG rather than setting it at $10 million. He expressed concern that proposals may be in conflict with the Planning Code and laws. Norman Rolfe expressed support for Director Beach’s concern about covering windows. It’s hard to see where you are when the windows are covered. He urged the Board to make it clear from the beginning that windows can’t be covered. Executive Director Ford stated that commercial ads on historic vehicles are not being contemplated. He also discussed the SFMTA’s “Black Out” policy and requested that Board members alert staff if anyone tries to contact them regarding the RFP. RESOLUTION 08-149 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka 14. Adopting the Central Subway Project Alternative 3B, Fourth/Stockton Alignment as the Locally Preferred Alternative and adopting the CEQA findings, Statement of Overriding Consideration and Mitigation Monitoring and Reporting Plan for the Supplemental Environmental Impact Report. (Explanatory documents include a staff report, resolution and findings.) (Carter Rohan) PUBLIC COMMENT: Rev. Norman Fong stated that this project is a “dream come true” for the community. The seniors who are in the audience have fought for this project for years. Cathie Lam stated that she had letters of support from the Chinatown organizations for the Central Subway project. She urged the Board to approve the project. Gong Wu Chan, Ping Wu Resident Association, stated that a majority of residents use buses to go to work and go shopping. They need the Central Subway in Chinatown and have supported the project for many years. Mr. Chan urged the Board to approve the SEIR so the project can move forward. Tammy Hung, Community Tenants Association, expressed support for the SEIR on behalf of over 600 members. This will enhance the accessibility of public transportation in Chinatown. Please approve this project so we can proceed. This will greatly benefit the community. Howard Strassner stated that this certification will be appealed to the BOS. Using the subway will take longer than it currently does to take a bus. 20 years from now, people won’t be driving as much due to global warming and the fuel problem. The TEP needs millions of dollars for capital improvements. You don’t have money to make those improvements. The Subway is not what people really want. Christopher Grubbs read a letter from the 601 4th St. Homeowners Central Subway Committee. They support mass transit and the Central Subway projects. This project will result in significant changes to their neighborhood. They are looking forward to working with SFMTA to make genuine improvements. Linda Mjellem, Union Square Association, stated that her members have supported this project for over a decade. The members will support anything that provides better public transit through the area. Michael Kwok stated that he has worked for many years on this project and is excited to see that we can extend this project through Chinatown and possibly to North Beach. It’s not the only option but speed and safety are important. Mr. Kwok expressed support for the project. Chinatown has been suffering since it lost two freeways after the earthquake. This will improve traffic and make up for the loss. Jade Wu, SRO Families Collaboration, stated that residents need safe, on-time service from Chinatown. She urged the SFMTA Board to vote for the project. RESOLUTION 08-150 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka 15. Approving the motor coach substitution fee applicable to Temporary Use of Streets for Street Fairs per Division I, Section 9.6 of the Transportation Code for FY 2009 at $10 per hour, for FY 2010 at $15 per hour and for FY 2011 at $20 per hour. (Explanatory documents include a staff report and resolution.) (Sonali Bose) PUBLIC COMMENT: Robert Leon, Haight Ashbury Street Fair, expressed concern regarding the proposed increase. This proposal presents a grave obstacle in that expenditures have risen in all realms of public activities and they don’t have a practical means to meet these increased costs. This proposal doesn’t consider the benefits of community-based events. Please reconsider the proposal. Ted Fang, Asian Heritage Street Celebration, stated that these events are a means to build a sense of community. They are destination events and they contribute revenue to the City. There is a difference between community, non-profit and commercial street fairs. Non-profit and community organizations have a more difficult time with meeting expenses. He requested the SFMTA to relook at the item and not rush into action. He also urged the SFMTA to consider putting a moratorium on non-profit street fairs. George Ridgely requested a moratorium on non-profit street fairs. City costs have gone up by over 20% in the last three years. The proposed costs will nearly double in three years and will have a big impact on the bottom line. The tradition of street fairs can only continue with the support of the City as a partner. The SFMTA Board of Directors continued Item 15 to a future meeting and requested that staff re-examine the proposal in light of the comments made by the public. 16. Adopting the amended Transportation Code Division II in its entirety to supersede the Transportation Code, Division II to: add a definition of “Traffic Code”, correct fine amounts and section number references, add fines that had not been previously established, consolidate violations with a single fine amount, renumber Division I, Article 10 section numbers, validate citations referencing former Traffic Code sections, conform fines for blocking bike lanes to the amount previously approved, increase fines for blue zone parking violations, correct transcription errors in fine amounts; clarify that parking meter rate setting is subject to all applicable laws; add permit transfer fees, and delete Section 1008. (Explanatory documents include a staff report, resolution and code.) (Sonali Bose) Board Secretary Boomer noted that a question had been raised regarding the application of CEQA relative to the adoption of the Transportation Code. The Planning Department has found that CEQA doesn’t apply. RESOLUTION 08-151 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka The SFMTA Board of Directors recessed the meeting at 4:51 p.m. and called the meeting of the Parking Authority Commission to order. Upon adjournment of the Parking Authority Commission meeting, the SFMTA Board of Directors reconvened their meeting. 17. 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 Vice Chairman Nolan called the closed session to order at 5:38 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. Bayview Hunters Point Community Advocates and Our Children’s Foundation vs. SFMTA, Superior Ct. #CPF7507960 filed on 12/28/07 for $20,000 and various mitigation measures RESOLUTION: 08-152 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, Nolan and Oka ABSENT – McCray B. Valerie Taybron/Trinna Davis vs. CCSF, U.S. District Court #C994660JSW filed on 10/20/99 for $226,000 RESOLUTION: 08-153 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 This item was removed from the agenda. ADJOURN CLOSED SESSION AND RECONVENE OPEN SESSION - The closed session was adjourned at 5:40 p.m. 18. Announcement of Closed Session. Vice Chairman Nolan announced that the SFMTA Board of Directors met in closed session to discuss the BVHP Community Advocates and Taybron/Davis cases with the City Attorney. The Board of Directors voted unanimously to settle the cases (McCray-absent). 19. 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 5:41 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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