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ORDER OF BUSINESS

1. Call to Order

Chairman McCray called the meeting to order at 2:10 p.m.

2. Roll Call

Present:

Cameron Beach
Shirley Breyer Black
Malcolm Heinicke – absent at roll call
Jerry Lee
James McCray, Jr.
Tom Nolan
Bruce Oka

3. Announcement of prohibition of sound producing devices during the meeting.

Chairman McCray 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 18, 2008 Regular Meeting: unanimously approved (Heinicke-absent)

5. Communications

Board Secretary Boomer stated that the report on the Climate Action Plan had been removed from the agenda at the request of staff. She also noted that members of the public had requested that Item 10.5 be severed from the Consent Calendar.

Chairman McCray acknowledged and commended staff for the release of the draft Environmental Impact Report on the Bike Plan completed before Thanksgiving.

6. Introduction of New or Unfinished Business by Board Members

None.

Director Heinicke arrived.

7. Executive Director’s Report (For discussion only)

-Special Recognition Award
-Year One Report: SFMTA Communications Plan
-Ongoing Activities

Exec. Director/CEO Ford presented special recognition awards to Annie Knight, secretary, Administration Division; Tony So, fare collection receiver, Revenue Section; James Elkin, electrical system transit mechanic, Geneva Car Shop; Bobb Retuta, transit operator, Green Division.

E.D. Ford also provided an update on the status of the Breda Lease/Leaseback program.

Debra Johnson, Chief of Staff/Director of Administration and Murray Bond, Deputy Director, External Affairs presented the “SFMTA Communications Plan”.

PUBLIC COMMENT:

Ernestine Weiss suggested that street signs be printed in bold print so people can see the signs from a distance.

8. Citizen’s Advisory Council Report

No report.

9. Public Comment

Bob Planthold stated that there are some neglected aspects in the analysis of the TEP recommendations. The 36-line has low ridership but the neighborhood has people with disabilities and people who have special needs. Homecare workers can’t afford to drive. The residents don’t feel like they were properly and fully informed. Mr. Planthold stated that on the short line routes that are proposed for elimination, he seldom saw mention of TEP meetings. Muni doesn’t routinely announce public meetings. Mr. Planthold expressed concern about getting services to people in those abandoned neighborhoods.

Ernestine Weiss stated that the Davis Street spots should be designated for Farmer’s Market trucks only. These spaces create congestion in an area that is already highly congested. There is parking on Washington St. between Washington and Drumm only on one side of the street. Ms. Weiss suggested adding parking to the other side of the street. There’s also room on Drumm Street. There are many other solutions. Ms. Weiss urged the SFMTA to look at other options.

Andy Thornley, SF Bicycle Coalition, noted that draft EIR for the Bike Plan was released. The SFMTA met the promise they made, and on behalf of SFBC, Mr. Thornley is grateful. However, the SFMTA is still not putting anything on the street. It will be three years since anything has been done. Yesterday, the city attorney filed for relief from the injunction. The SFBC was saddened to see the motion to modify the Market/Octavia intersection. The changes won’t be an improvement and the design is unworkable. It will be an injury to the bike network. SFMTA staff will be presenting the Bike Plan to the Board in the future.

Barry Taranto stated that he is not sure if the Taxi-SFMTA merger will be good or bad. He stated that he had not seen any evidence that the SFMTA is ready. PCO’s still don’t care about enforcing taxi zones. Taxis are just as important as buses. The Taxi Advisory Group membership is weighted against cab drivers. He made a complaint about a ride on the 24-Divisadero line a few weeks ago. A passenger harassed him. He reported the passenger to the operator.

Tariq Mehmood expressed appreciation for allowing people to come and yell. He expressed a wish that Muni drivers would drive faster. The City has given bicyclists a lot but they need to prove that they are entitled to more. Cyclists jump in front of taxis and don’t honor red lights. They need to be educated.

Martin Smith, Luxor Cab, stated that taxicab street stands used to be everywhere in the city. The stands should be in locations where it’s safe for cab drivers to pull in and out and where people know they can get a taxi.

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 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:

A. Spiro Zografos vs. CCSF, First District Ct. of Appeals, #A120019 filed on 8/2005, City to waive recovery of $3,440.20 in exchange for dismissal of appeal and $5,000 credit for workers’ compensation award

B. Timothy Jacques vs. CCSF, Superior Ct. #CGC07467738 filed on 10/1/07 for $25,000

RESOLUTION 08-195

(10.2) Approving the following traffic modifications:

A. ESTABLISH - STOP SIGNS - Bella Vista Way at Sequoia Way.

B. ESTABLISH - TOW-AWAY NO STOPPING ANYTIME - 25th Street, both sides, between 3rd and Illinois Streets; Cesar Chavez, north side, between 3rd and Michigan Streets; Cesar Chavez, south side, between 3rd and Illinois Streets.

C. ESTABLISH - ANGLE PARKING - 25th St., south side, between Illinois and Louisiana Streets.

D. ESTABLISH - NO PEDESTRIAN CROSSING - 25th Street and Illinois Street, southeast corner,

E. ESTABLISH - Red Zone - San Anselmo Avenue, south side, from the crosswalk at Santa Ana Avenue to 28 feet easterly.

F. ESTABLISH - Red Zone - Buchanan Street, west side, from Lombard Street to approximately 20 feet southerly.

G. ESTABLISH - One-Way Street - Elm St., westbound, between Franklin and Gough Sts.

H. ESTABLISH - NO PARKING ANYTIME - Elm Street, south side, between Franklin and Gough Streets. (Explanatory documents include a staff report and resolution.) (Bond Yee)

RESOLUTION 08-196

(10.3) Authorizing the Executive Director/CEO to advertise a Request for Proposals for Financial Advisory Services. (Explanatory documents include a staff report, resolution and Request for Proposal.) (Sonali Bose)

RESOLUTION 08-197

(10.4) Authorizes the Executive Director/CEO to execute Contract #PSC-4013-08-09 with Claremont Behavioral Services to provide Employee Assistance, Peer Assistance, and Trauma Response Programs for an amount not to exceed $1,400,000 and for a term of three years with a one-year extension. (Explanatory documents include a staff report, resolution and contract.) (Debra Johnson)

RESOLUTION 08-198

(10.5) Authorizing the Executive Director/CEO to execute the second amendment to the Red Light Photo Enforcement Agreement with ACS State and Local Solutions to extend the term for one year and enter into an equipment lease agreement for expansion of the existing system for the City’s Red Light Photo Enforcement Program at no additional cost. (Explanatory documents include a staff report, resolution and modification.) (Bond Yee)

Item 10.5 was severed from the Consent Calendar at the request of a member of the public.

Chairman McCray moved to extend the existing contract by one month to January 31, 2009 and therefore extend the SFMTA’s time by one month to exercise its option to the extend the contract term by one year and defer action on the lease of three new cameras.

PUBLIC COMMENT:

Jacqueline Piccini, Platinum Advisors, stated that her client, RedFlex, is interested in bidding on the contract. The technological advances are different today than they were when the contract was awarded. Rather than entering into this contract, the SFMTA should insure that they are getting the best provider at the best value. The SFMTA shouldn’t agree to a new three-year lease without sending it out to bid.

On motion to extend the contract by one month and defer action on the lease:

ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka

(10.6) Authorizing the Executive Director/CEO to execute Agreement Modification No. 2 to Contract No. 4128-06/07, Environmental Review of the Bicycle Plan Projects with Wilbur Smith Associates to extend the term to December 31, 2009 and to increase the contract by $347,915. (Explanatory documents include a staff report, resolution and contract.) (Carter Rohan)

RESOLUTION 08-199

(10.7) Accepting the work performed under Contract MR-1057-R, Muni Metro System: Replacement of Emergency Batteries and Charger Systems at Embarcadero and Van Ness Stations with Ingalls Power Products; approving Contract Modification No. 1, which increases the contract amount by $26,355.93; approves an extension of time of 287 calendar days; authorizing final payment and approving closeout of the contract. (Explanatory documents include a staff report, resolution, financial report and modification.) (Ken McDonald)

RESOLUTION 08-200

On motion to approve the Consent Calendar (Item 10.5 severed):

ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka

REGULAR CALENDAR

11. Authorizes the Executive Director/CEO to execute Contract CS-149, Professional Program Management and Construction Management Services for Central Subway, Third Street Light Rail Project Phase 2, with Central Subway Partnership for an amount not to exceed $147,673,618 for a term not to exceed five years with an option to extend the term for an additional five years. (Explanatory documents include a staff report, resolution and contract.) (Carter Rohan)

Carter Rohan, Senior Director, Transportation Planning and Development presented the staff report.

PUBLIC COMMENT:

David De La Torre, Laborers Local 261 urged the SFMTA Board to approve the contract and get the project moving as soon as possible. It represents work for the trades.

Fathina Holmes, Young Community Developers, urged the Board to move the project forward. It provides opportunities for employment. It gives people a reason to get into training now so they’ll be ready for the opportunities that are yet to come.

Mike Brown, Carpenters Local 22, urged the Board to move this project forward and provide opportunities for people to get into a trade. They are looking forward to the work. Mr. Brown urged the SFMTA to “fast track” the project as much as possible.

John Huang, IBEW Local 6, stated that the project is great. Their members are out of work and they would like to see this project move forward so they can support their families.

Manuel Flores, Carpenters Local 22, stated that it’s a good solid project. Members need the work. It gives them some hope for the future.

Ken Nim, CityBuild, congratulated staff for the progress on this project and called it a great opportunity for San Francisco residents. CityBuild is working with the SFMTA to insure that residents are ready and qualified to work on this project. CityBuild is committed to the success of the project.

Michael Theriault, SF Building Trades, stated that construction workers need this project. He realizes that the SFMTA is still years away from putting a shovel in the ground but he urged the Board to approve the contract. This is an opportunity to bring people into trade and give them a job.

Charley Lavery, Operating Engineers Local 3, stated that this is a great opportunity to get ahead of the curve with regard to mass transit and create hundreds of jobs. This is a forward thinking project that needs to move forward. We need to get people back to work.

Yue Hua Yu, Tao Gwog Wong and Guang Chen urged the SFMTA Board to approve the contract. They support this project. Neighbors and especially seniors will use the subway all the time. (Ms. Cathy Lamb provided translation for Ms. Yu, Ms. Wong and Mr. Chen)

Gordon Chin, Chinatown Community Development Center and Chinatown Chamber of Commerce expressed delight that this important milestone has been reached and urged approval. This project will help the local economy. The FTA’s Record of Decision is an important step in an important project.

RESOLUTION 08-201

On motion to approve:

ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka

12. Presentation and discussion of the SFMTA’s Capital Program. (No explanatory documents.) (Carter Rohan)

Carter Rohan, Senior Director, Transportation Planning and Development, presented the staff report.

PUBLIC COMMENT:

Barry Taranto expressed concern about doing the Geary Bus Rapid Transit project at this time. Instead the SFMTA should put more PCO’s on Geary to ticket people. More buses are needed on the 38-Geary during peak times, especially on Saturday night. The SFMTA should explore increasing enforcement past the Geary Tunnel rather than an expensive project that will create more traffic congestion.

13. Presentation and discussion of the SFMTA’s FY09 and FY10 budgets. (No explanatory documents.) (Sonali Bose)

Sonali Bose, Chief Financial Officer/Director of Finance and Information Technology, presented the staff report.

Vice Chairman Nolan requested that staff provide the Board with the list of projects that had been identified as “economic stimulus” projects.

Directors Heinicke and Lee requested information regarding DPW’s experience with the alternate street sweeping schedule and the costs associated with the revised schedule.

No public comment.

14. Approving Amendment #2 to the Appointment and Compensation Agreement between the City and County of San Francisco and Nathaniel P. Ford, Sr. to defer CPI adjustment of Mr. Ford’s base salary and defer award of incentive compensation for FY2008 and to allow Mr. Ford to cash out accrued executive leave and floating holidays only at his current salary rate. (Explanatory documents include a staff report, resolution and amendment.) (Roberta Boomer)

Chairman James McCray, Jr. presented the item.

No public comment.

RESOLUTION 08-202

On motion to approve:

ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka

15. 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 McCray called the closed session to order at 5:27 p.m.

2. Roll Call

Present:

Cameron Beach
Shirley Breyer Black
Malcolm Heinicke
Jerry Lee
James McCray, Jr.
Tom Nolan
Bruce Oka

Also present:

Nathaniel Ford, Executive Director/CEO
Roberta Boomer, Board Secretary
Julia Friedlander, Deputy City Attorney
Debra A. Johnson, Chief of Staff/Director, Administration
Kenneth McDonald, Chief Operating Officer

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. CCSF vs. Anthony Camilleri, Superior Ct. #4436844 filed on 12/6/04 for $500,000 (City to receive) and other material terms.

RESOLUTION 08-203

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

ADJOURN CLOSED SESSION AND RECONVENE OPEN SESSION - The closed session was adjourned at 5:45 p.m.

16. Announcement of Closed Session.

Chairman McCray announced that the SFMTA Board of Directors met in closed session to discuss Camillieri vs. CCSF with the City Attorney. The Board of Directors voted unanimously to settle the case. The resolution was amended to extend the termination date as late as January 16, 2009 and extend payment of the criminal fine as may be required by the Criminal Court. The Board was scheduled to hold a conference with legal counsel regarding anticipated litigation but no conference was held.

17. 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 5:48 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
Board Secretary

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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