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ORDER OF BUSINESS 1. Call to Order Chairman Nolan called the meeting to order at 2:01 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 November 17, 2009 Regular Meeting: unanimously approved (Beach, Heinicke – absent). 5. Communications Board Secretary Boomer stated that Item 13 regarding approval of fines and penalties for disabled parking violations was removed from the agenda at the request of staff. The closed session discussion with legal counsel regarding anticipated litigation was also removed from the agenda. 6. Introduction of New or Unfinished Business by Board Members None. 7. Executive Director’s Report (For discussion only)
Chairman Nolan welcomed Carter Rohan, senior director, Capital Programs and Construction who would be serving as Executive Director/CEO in the absence of Mr. Ford. Jim Dougherty, Chief Safety Officer presented an update on the SFMTA’s safety and security efforts. Directors Beach and Heinicke arrived. Acting ED/CEO Rohan presented special recognition awards to Terrence Fahey, associate engineer, Track Overhead and Engineering section, Capital Programs and Construction Division; Rita Donahue, senior Clerk Typist TransitSafe Unit, Safety Security & Enforcement Division; and Milton Khuu, electronic technician, Presidio Division, Transit Operations. Mr. Rohan reviewed the status of taxi reform and the bicycle injunction. Director of Administration, Taxis and Accessible Services Debra Johnson provided an update on the status of the December 5 service changes. Julie Kirschbaum, manager, Service Planning, discussed changes to the 89 Laguna Honda route. PUBLIC COMMENT: Bob Planthold stated that he is aggravated and distrustful of the inattentiveness. The closed captioning on the television in the meeting wasn’t working. Also, two and a half months ago Mr. Planthold reported an assault on a disabled passenger but has yet to receive a response. Over the years, there have been other security issues that Mr. Planthold has presented that have not been addressed. He also mentioned that many cyclists do not wear helmets and ride on the sidewalks. The Board is avoiding the issue of raising meter hours beyond 6 p.m. Mark Gruberg, United Taxicab Workers stated the taxi reform process was set in motion by the Mayor when he broke his word regarding Prop. K. UTW has submitted a proposal that would redeem the Mayor’s promise and maintain Prop. K. Mr. Gruberg reviewed the main points of their proposal. Drivers lack benefits. UTW wants to speed up the wait for a medallion and would like to see the bulk of monies raised from the industry used for the benefit of the industry. 8. Citizens’ Advisory Council Report Daniel Murphy, chairman, Citizen’s Advisory Council, presented the report. 9. Public Comment Fred Bekele, Impark, stated that they submitted a bid for the management of parking garages. After a long, costly and transparent process, they were notified that we had won group A of the garages but yesterday they received an e-mail stating that the SFMTA was going to reject all bids because of the high number of participation by private operators. Mr. Bekele requested that the Board look into the decision to reject the bids. Ward Thomas echoed the comments made by Mr. Bekele. They were pleased by the transparent bid process but all bids have been rejected. 25% of their revenue would go to an LBE business. Mr. Thomas expressed concern that there will be fewer bidders if this goes out to bid again. He asked the Board to look into what took place. Peter Ehrlich stated that the Dec. 5 service changes will be a negative historic moment in Muni’s history. He is opposed to the elimination of 14 L stop at 14th and Mission the stop at SF General Hospital for the 9 San Bruno Line. With the elimination of the 26 Valencia line there will be no accessible service between Randall and Balboa Park. Riders will have to rely on the J Church line. Hansu Kim, SF Taxi Coalition, stated that taxi reform will preserve the nature of Prop. K and fix the system in ways that should have happened years ago. Medallions are valuable because they can be handed to a company or another driver. By renting a medallion, medallion holders can receive two to three thousand dollars per month. Prop. K wasn’t intended to create an entitlement system. Bebe Pubill, Enforcement Supervisor, DPT, stated that layoffs will have a crippling effect on safety and public service. Accidents on the Bay Bridge create traffic jams and congestion. Parking control officers pay for themselves and help bring in revenue. Sterling Haywood, Parking Control Officer, wondered how laying off parking control officers will save the city money. The city will lose ten million in revenue by laying off PCO’s. In addition to tickets, PCO’s make sure that everyone is safe. Danielle Wiseman, PCO, stated that she’ll be laid off in January. PCO’s are self sufficient and bring in revenue but bus drivers are still being hired. Herbert Weiner stated that the service changes are terrible. The SFMTA gives no quarter but steals ever quarter it can. The TEP rested on its laurels. He stated that Nat Ford should go on furlough and make the same sacrifices as others to save money. Assessments on commercial properties have gone uncollected forever. Necole Armstrong stated that she’s one of the 24 PCO’s that will be laid off. She wondered why bus operators were going to be hired when service was being cut. PCO’s generate revenue. Sue Vaughan questioned why PCO’s were being laid off when they make their own salary and bring in revenue. There are safety issues at 2nd and Bryant and at California and Presidio when exiting passengers are blocked by a line of cars. The Board needs to adopt a recommendation to expand parking meter hours. Branton Burke stated he has sent numerous e-mails about the 37 Corbett and is fed up with missed runs and drivers who don’t show up for work. It’s time for the Board and for Mr. Ford to do your jobs. Carl Macmurdo, Taxi Medallion Holders Association, stated that the sale of 100 medallions can result in $28 million in revenue. City could sell maybe 30 medallions per year. The applicant list is totally dysfunctional. Current system doesn’t allow equity building. We don’t have an exit strategy. Peter Witt stated that taxi customers have been waiting for twenty years. One taxi stand at the ballpark serves 25,000 people. He questioned whether taxi revenues should feed Muni’s black hole. Reform will be for the government and the greedy medallion holders who don’t drive a cab and not the people. Dan Hinds, National Cab Company, stated that Prop. K means different things to different people. Everyone supports the idea that medallions should go to working drivers. Drivers don’t make a great deal of money. Older drivers are afraid of being kicked to the curb. People should have the ability to exit from the system and be provided the opportunity to get a medallion. Vice Chairman McCray called for a halt to all actions regarding the RFP for the management of parking garages until a Parking Authority Commission meeting could be held to discuss the matter. Chairman Nolan asked staff to schedule a Parking Authority Commission meeting on January 5, 2010. Director Heinicke requested a response to the issues raised by parking control officers. 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) Authorizing the Executive Director/CEO to execute Contract No. 1235, Saint Francis Circle Rail Replacement Project, to NTK Construction in the amount of $8,939,414 and a term of 270 calendar days. (Explanatory documents include a staff report, resolution and financial plan.) (Carter Rohan) RESOLUTION 09-197 (10.2) Authorizing the Department of Public Works to award DPW Contract No. 1519J: Inner Sunset Traffic Calming and Transit Enhancements Project, to Ghilotti Bros for a total contract amount not to exceed $234,149. (Explanatory documents include a staff report, resolution and financial plan.) (Bond Yee) RESOLUTION 09-198 (10.3) Authorizing the Department of Public Works to execute Change Orders Nos. 5 and 6 to DPW Contract No. 0985J, Traffic Signal Modification Contract 32, for an amount not to exceed $93,210.59 and for a total contract amount of $1,361,215.90. (Explanatory documents include a staff report, resolution and financial plan.) (Bond Yee) RESOLUTION 09-199 No public comment. On motion to approve the Consent Calendar: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka REGULAR CALENDAR 11. Presentation and Discussion of the 2006-2008 Transportation Quality Review. (Explanatory documents include a staff report and review.) (Travis Fox) Travis Fox, manager, Organizational Analysis and Reporting and Bonnie Nelson, Nelson/Nygaard, presented the report. PUBLIC COMMENT: Rafael Cabrera, TWU Local 250-A stated that there are issues with the report. In 2005, the city froze operator hiring. For two years, the SFMTA had the same number of operators. Operators were hired in 2007 so the numbers improved. He stated that the SFMTA needs to know why operators are calling in sick so improvements can be made. There is always an increase in falls on board and accidents when new operators are hired. 12. Presentation and Discussion of the FY10 1Q Service Standards. (Explanatory documents include a report.) (Travis Fox) Travis Fox, manager, Organizational Analysis and Reporting presented the report. No public comment. 13. Approving proposed increase to fines and penalties for various disabled parking violations and amending Transportation Code, Division II, Section 303 to reflect the increased fines and penalties which will take effect January 1, 2010. (Explanatory documents include a staff report, resolution, amendments and fact sheet.) (Sonali Bose) Item 13 was removed from the agenda at the request of staff. 14. Approving and adopting amendments to Article 1100 of Division II of the Transportation Code, regulating Motor Vehicles for Hire that will create efficient discovery procedures for administrative adjudications; improve safety for the public and for taxi drivers; continue to refine, improve, consolidate, clarify and update regulations governing Motor Vehicles for Hire; and make review of taximeter rates a regularly scheduled hearing. (Explanatory documents include a staff report, resolution and amendments.) (Debra Johnson) PUBLIC COMMENT: Mark Gruberg stated that the provision relating to drivers being allowed to refuse service is being changed. “Drunks” are one of the biggest problems as they are boisterous to the point of aggressiveness. A shift is ruined when a patron throws up in the cab. It should be left to the driver to determine whether to refuse a passenger based on the safety to the driver or the cab. Drivers must have a means to refuse certain passengers and need to be provided the latitude to make the decision. Ms. Hayashi suggested adding “for a lawful purpose” to the final clause of Section 1108 E, Section 1 to address the concern expressed. On motion to amend Section 1108 E, Section 1, to add the phrase “and for a lawful purpose”: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka RESOLUTION 09-200 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka 15. Authorizing the Executive Director/CEO to execute Contract No. SFMTA 2009/09-54, Paratransit Broker Agreement, with Veolia Transportation for paratransit broker services in an amount not to exceed $118,599,710 for a five-year term ending June 30, 2015, with an optional five-year extension. (Explanatory documents include a staff report, resolution and contract.) (Debra Johnson) No public comment. RESOLUTION 09-201 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka 16. Authorizing the Executive Director/CEO to execute Contract CS-155-2, Architectural and Engineering services for the Final Design and Construction of the Central Subway Project – Station Design, with Central Subway Design Group, a joint venture between Parsons Brinkerhoff and Michael Willis Architecture and Kwan Hemni Architecture for an amount not to exceed $39,949,959 and for a term not to exceed ten years, with an option to extend the term for an additional two years. (Explanatory documents include a staff report, resolution, financial plan and contract). (Carter Rohan) No public comment. RESOLUTION 09-202 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka 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 Chairman Nolan called the closed session to order at 4:08 p.m.
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. Manuel Terra vs. CCSF, Superior Ct. #8482672 filed on 12/8/08 for $125,000 RESOLUTION 09-203 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 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 4:16 p.m. 18. Announcement of Closed Session. Chairman Nolan announced that the SFMTA Board of Directors met in closed session to discuss the Terra case with the City Attorney. The Board of Directors voted unanimously to settle the case. There was no discussion of anticipated litigation. 19. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved. Director Dougherty announced that the subject in yesterday’s assault had been arrested and was in police custody. ADJOURN - The meeting was adjourned at 4:17 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. |
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