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ORDER OF BUSINESS 1. Call to Order Chairman Nolan called the meeting to order at 9:00 a.m. on Friday, February 26, 2010. Vice Chairman McCray called the recessed meeting to order at 12:15 pm on Tuesday, March 2, 2010. 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 PUBLIC COMMENT: Peter Witt stated that he hasn’t read the minutes but that he has read previous minutes. He is disappointed in the SFMTA Board. At the December 1st meeting he stated twice that they’re waiting for the industry to do something about the top lights. The word “serve” was used in the minutes but he didn’t use that word. What was said was that the ballpark only has one taxi stand for 35,000 people. Mr. Witt stated that he objects to the approval of the minutes. On motion to approve the minutes of the January 29, 2010 Special Meeting: unanimously approved (McCray-absent). 5. Communications Board Secretary Boomer stated that the overflow room is the South Light Court. Translation services were available. Chairman Nolan reviewed the order of business for the meeting. 6. Introduction of New or Unfinished Business by Board Members None. 7. Executive Director’s Report (For discussion only)
Exec Director/CEO Ford discussed federal funding for SFMTA projects, the Central Subway groundbreaking event and a status report on safety and security. Director McCray arrived. Matt Hansen, director, Risk Management Division, reviewed options regarding the insurance policy. Director Heinicke requested an update from the City Attorney’s office whether the accident at West Portal rose to the level of the insurance coverage. PUBLIC COMMENT: Michael Selzer asked if there were plans to cut executive management salaries. 8. Citizens’ Advisory Council Report Daniel Murphy, chairman, Citizen’s Advisory Council, presented the CAC’s recommendations. 9. Public Comment Barry Taranto expressed concern regarding Mr. Dougherty having responsibility for the taxi detail. Mr. Dougherty’s plate is full and he has a lot to learn about how the industry works. He also expressed concern about SFMTA’s approach to cab drivers and the imposition of additional hardships. Fares are taken by hotel doormen who make deals with town cars. Mr. Taranto wondered about documentation regarding SFPD overtime and whether they worked eight hours. Mark Gruberg addressed how taxi issues are agendized for discussion at Board meetings. They can’t put issues before the Board because of the time limit for speakers. 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 10-022 (10.2) Authorizing the Executive Director/CEO to execute a lease between the Municipal Transportation Agency and W5 Brannan for a portion of 651 Brannan Street for use as a design office for the Central Subway Project with a term of three and a half years with rent payments of $508,730 for the first year, $531,875 for the second year, $555,000 for the third year, and $289,063 for the last six months of the lease. (Explanatory documents include a staff report, resolution, financial plan and contract.) (Carter Rohan) Item 10.2 was severed from the Consent Calendar at the request of a member of the public. PUBLIC COMMENT: Barry Taranto stated this was a huge rent and wanted to know where the money was coming from. RESOLUTION 10-023 On motion to approve Item 10.2: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka (10.3) Requesting the Board of Supervisors to consider adoption of a Resolution of Necessity for the acquisition of the 1455 Stockton Easement for its fair market value. (Explanatory documents include a staff report, resolution and financial plan.) (Sonali Bose) RESOLUTION 10-024 (10.4) Requesting the Board of Supervisors to consider adoption of a Resolution of Necessity for the acquisition of the 790 Market Easement for its fair market value. (Explanatory documents include a staff report, resolution and financial plan.) (Sonali Bose) RESOLUTION 10-025 (10.5) Requesting the Board of Supervisors to consider adoption of a Resolution of Necessity for the acquisition of the 801 Market Easement for its fair market value. (Explanatory documents include a staff report, resolution and financial plan.) (Sonali Bose) RESOLUTION 10-026 On motion to approve the Consent Calendar (Item 10.2 severed): ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka REGULAR CALENDAR 11. Public hearing to consider proposed changes to balance the FY2010 Amended Operating Budget including 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) Items 11, 12 and 13 were called together. Sonali Bose, chief financial officer and John Haley, chief operating officer, presented the staff report. PUBLIC COMMENT: Speakers opposed to increasing the cost of the discount pass: Ernestine Weiss, Marc Christensen, Walter Scott, Cathy Russo, Aleena Galloway, Alexander MacDonald, Allyson Washburn, Donna Willmott, Sergio Alunan, Tina Landis, Sally Anne Frye, Sarah Carlson, Jessie Lorenz, Stanley Luong, Antoinette Marquez, Frank Lara, Xan Lu, Forrest Schmidt, Elizabeth Dawson, Steph Feiring, Ann DuFrane, Jeanne Lynch, Mel Beetle, Pat Jones, Rita Hurtado, Dorian Maxwell, Teresa Armstrong, Leah LaCroix, Mario Yedidia, Cristina Gutierrez, Rosa Penate, Roberto Muniero, Paulina Del Santos, Paul Treck, Ethel Silverstine, Lisetta, Carlos Alvarez, Beatriz Herrera, Gloria Garcia, Donaji Lona, Carla Darillo, Emanuel Andreas, Glo Dereira, Anonymous, Natasha Albuquerque, Dennis Waterhouse, Roland Yuen, Jorge Sanges, Cecilia, Devia Guardaraba, Carlos Jima, Rosa Scarpe, Christina Cabizeta, Alicia Cabrera, Wing Hoo Leung, Michael Dresser, Lisa Macredo, Christine Pyston, Gaetana Smith, Bertha Cuellar, Elisabeth, Hope Johnson Speakers opposed to service cuts: Marc Christensen, Walter Scott, Aleena Galloway, Donna Willmott, Sergio Alunan, Sally Anne Frye, Sarah Carlson, John Parker, Eric Chase, Elizabeth Dawson, Steph Feiring, Ann DuFrane, Carlos Alvarez, Beatriz Herrera, Emanuel Andreas, Richard Knee, Fran Taylor, Gaetana Smith, Branton Burke, Patricia Campe-Aguilar, Dave Snyder Speakers expressing concern about parking policy changes affecting garages: Sam Kwong, Jerry Lee, Catherine Yee Frank Han, Anni Chung, Peter Lee, Gloria Castro addressed the Board in Spanish. Chris Peterson urged the SFMTA to extend parking meter hours in the evenings and on weekends. Irwin Lum, TWU 250A, stated that operators are consistently used as scapegoats and are blamed for fiscal problems. Operations accounts for $200,000 of the budget. Expecting transit operators to give back $14.9 million with no guarantees is wrong. The Elsbernd charter amendment is outrageous. TWU 250-A is willing to do their part. Michael Cheney stated that 10% of the budget can be saved if paid holidays are reduced city-wide. Payroll should be reduced by five to ten percent to save money. Everyone needs to take responsibility. Darshan Gill requested that a class action lawyer call her so she can bring a lawsuit against cars that are double parked in front of churches that aren’t ticketed. Roland Wong stated that he is tired of what is happening with Muni. A recent power surge took two hours to fix. A typical run is 40 minutes. Muni isn’t able to maintain its fleet. Steve Zeltzer stated that it is outrageous to pit seniors against drivers. Board members should be required to ride every day. The Board should be elected. The rich should pay. Money isn’t going to city services but to war profiteers. Gifford Hartman stated that it is shameful to blackmail drivers in the media. The robber barons are ripping us off. We have to take the system back. A rally will be held on March 4 against the cuts. Dave Reardon stated that he doesn’t see big business or rich people giving back. There needs to be an immediate audit and a transit assessment district established. The Board is fronting for the rich. The lack of federal tax money is the result of Obama’s war on transit operators. Bob Planthold stated that the Board should resign. They have abdicated responsibility to one politician. This agency is not run for the riders or to benefit the people. People can’t figure out how the Board allows expenditures of money yet ignores parking meter rates. Rolland Clark stated that Muni is broken and there is no accountability. He stated that the Board should share the rider’s pain of riders. Pensions are unsustainable and worker pay is out of whack. The Central Subway project is a boondoggle. Linda Chapman discussed mismanagement and civil rights violations. The SFMTA has been out of compliance with DOT regulations for years and has ignored their own advisory council. The Central Subway project should be cancelled. The SFMTA should put money into operations. Jazzie Collins spoke about decreasing salaries of Board members. Downtown San Francisco doesn’t pay, which could generate more than $20 million. The police are being paid twice. Everyone should shut the city down with a strike. Marlene Tran stated that Muni is poorly managed. There should be language translation on the SFGOV broadcast. There’s a lot of waste in Muni. Renumbering bus lines served no purpose and wasted money. There should be more transparency. MP Howard stated that he neither supports nor acknowledge what is being proposed. He doesn’t care what Muni is doing. Since the 1990’s, there has been a decline in public transportation. Mr. Howard stated that he won’t renew his card and will put his car back on the street. Herbert Weiner stated that Muni managers should be furloughed indefinitely because they’re always out to lunch. Many should be fired. The TEP was insane and now riders are paying the price. Daniel Donnell stated that people are doing double or triple overtime and using the city charter to justify it. This should be eliminated. Volunteers will work for the city for free just to get the experience. Operators are sleeping on the job which costs money. David Schneider expressed empathy for the public and for the Board. The Board has been put in a position to make cuts because of the general welfare for specific groups rather than for the entire country. Bill Gates could cut a check that would cover the problem. Chairman Nolan closed public comment on Items 11, 12 and 13. Director Heinicke requested a public hearing on work rules. 12. Approving the establishment of an Express Route Premium Monthly Pass and Cable Car Premium Monthly Pass; increasing the cost of the Discount Pass for Youth, Seniors and Disabled and repealing the fare increase for Candlestick Park Express and Special Event Service to balance the FY2010 Amended Operating Budget. (Explanatory documents include a staff report, resolution and attachments.) (Sonali Bose) Chairman Nolan proposed that the resolution be amended to delete the increase to the discount passes for youth, seniors and disabled beyond the May 1, 2010 scheduled increase. No public comment on the amendment. On motion to amend the resolution to delete the increase to the discount passes for youth, seniors and disabled beyond the increase scheduled to go into effect on May 1, 2010: ADOPTED: AYES – Black, Heinicke, Lee, McCray, Nolan and Oka NAYES – Beach RESOLUTION 10-027 On motion to approve as amended: ADOPTED: AYES –Black, Heinicke, Nolan and Oka NAYES – Beach, Lee and McCray 13. Approving increases in various fees, fines, rates and charges including garage parking rates, parking citation penalties, on-street parking permit fees and the Residential Area Parking Permit fee and establishing new fees for on-line computer postage and handling transactions; and in-person Customer Service Center transactions; authorizing the Executive Director/CEO to implement modifications to Municipal Railway transit service; and, acting as the Parking Authority Commission, approving changes to off-street parking rates for the Lombard Street, Moscone Center, North Beach, Performing Arts, Polk Bush and San Francisco General Hospital garages, to balance the FY2010 Amended Operating Budget. (Explanatory documents include a staff report, resolution and attachments.) (Sonali Bose) RESOLUTION 10-028 On motion to approve: ADOPTED: AYES – Black, Heinicke, Nolan and Oka NAYES - Beach, Lee, McCray MINUTES FROM THE RECESSED FEBRUARY 26, 2010 SFMTA BOARD MEETING: On Tuesday, March 2, Vice Chairman McCray called the recessed meeting of February 26, 2010 back to order at 12:15 p.m. All members of the Board were present except for Chairman Nolan who was absent with notification. Vice Chairman McCray stated that the February 26 meeting had been recessed to March 2 in order to receive additional formation regarding Items 12 and 13. Sonali Bose, chief financial officer, provided additional information regarding the premium pass for express routes and the parking policies for vendors, employees and members of the non-profit board of directors for public garages. Director Lee requested that more detailed analyses be provided in the future. Vice Chairman McCray stated that he would re-open public comment for discussion on Items 12 and 13 regarding the premium pass for express routes and the parking policies for vendors, employees and members of the non-profit board of directors for public garages. PUBLIC COMMENT: David Pilpel stated that the information presented is at variance with the resolution that was adopted. There is no reference to a discount monthly pass for $25 and it was not part of any adopted fare changes from last year. There is no explanation as to why certain routes were excluded from the premium pass or why the 80X was included. He stated that he is not sure if CEQA clearance applies since this is new. Emmanuel Castillo stated that he works at the Fifth and Mission garage and requested that employees be allowed to park at the garages for free. Fausto Chincilla discussed the United States Constitution and the enactment of involuntary servitude. Enactment of the parking policy is against our will. This will bring hardship and financial burden to employees. Public transportation is unreliable. Jorge Carrillo stated that their main concern about employee parking is safety. Many employees get off work after 12 midnight. BART is already shut down. His only way home is by bus and he lives 50 miles away. Garages won’t be able to retain employees. Workers can’t afford it. Vera Haile stated that she has been gathering signatures about Muni service. People in the outer areas of San Francisco have trouble getting downtown. It can take over an hour to get downtown. Raising the premium on express buses is a mistake. More express buses are needed throughout the day. Mark Gleason, Teamsters Local 665, stated that the union had been supportive of the removal of the privileges his members enjoy in the garages but since that time, workers have prevailed upon union leadership to oppose removal of those privileges. This will create an economic hardship. We want to encourage women to work at the garages. Therefore, the Local 665 leadership is not in support and asks that the privileges be restored. Mark stated that he works as a security guard at the Fifth and Mission garage. This decision will impact them, especially those who are working during graveyard hours. Elimination of free parking will have an adverse effect and is not in the best interest of San Francisco. Eric Williams, TWU Local 250-A stated that increases are being put on those who are less fortunate. People coming from the Sunnydale will instead get on the local 9 which are already packed. He urged the Board to explore an audit on the budget. Otto Monsanto stated that the law to implement fares for parking is directed at people who make close to or more than six figures. He has six children who depend on him for food and he only made $15,600 last year. There was no further action on March 2, 2010 by the SFMTA Board of Directors regarding Items 12 and 13, therefore, Vice Chairman McCray adjourned the February 26, 2010 meeting at 12:42 pm. on March 2, 2010. THE REMAINING MINUTES ARE A SUMMARY OF THE ACTIONS TAKEN BY THE SFMTA BOARD ON FEBRUARY 26, 2010. 14. Amending the Transportation Code Division II, Article 1100 to implement a Taxi Medallion Sales Pilot Program, sell up to 60 Taxi Medallions, allow Taxi Medallion Holders who are age 70 and above or disabled to sell their Medallions; authorize the Executive Director/CEO to establish a Medallion Sale Price and ratify the decision to close the Waiting List. (Explanatory documents include a staff report, resolution and amendments.) (Debra Johnson) PUBLIC COMMENT: Joe Mirabile stated that Ms. Hayashi provided the wrong numbers and are understated. Only one bank showed up at a recent meeting with lenders. If the driver defaults on a loan, the bank would own the medallion. Bud Hazelkorn expressed appreciation that while Ms. Hayashi has tried to assuage their concerns they continue to have concerns. They were assured by Mayor Newsom that Prop. K would be protected. Ms. Hayashi has promised to secure lenders but not one is yet on board. You have revenue in the budget for this but you have no idea where the money is coming from. The proposal should be rejected. Paul Harting expressed support for the consensus proposal. He stated that as a cab driver, he took his duty to the riding public seriously but he gave up hope for a resolution of retirement issues. This consensus plan gives hope that he can retire with dignity. He urged the Board to listen to them and not to the nayesayers and “negativo’s.” This plan provides a way to phase out elderly drivers. Bill Mounsey stated that if medallions are sold it will take longer for his name to come to the top of the list. The plan is ridiculous. He committed himself to the industry but was a waste of time and he will get nothing in return. This plan is bad for him and for the industry. Dave Barlow, UTW, stated that the MTA is stuck in some places and sliding backward in others. The debit card program has broken down again. We need centralized dispatch. Driver conditions are worse now than a year ago. There has been no movement in providing health care and not nearly enough effort to end illegal limousines. Selling medallions is a move backwards. Charles Rathbone, Luxor Cab, expressed support for the plan and urged adoption. He expressed concerned about the exodus of long time medallion holders. Taxi disciplinary hearings have recently resulted in four retractions of medallions. Michael Gibbons urged the Board to reject the proposal. This shouldn’t be approved without a workable financial plan. He questioned what would happen to a loan if it is defaulted. Muni is having trouble running its primary mandate. Muni shouldn’t run the cab business. John Han urged the Board not to approve the plan. Voters were deceived into overturning Prop. K. He stated that while he is not opposed to the concepts in the proposal, there is no clear means of financing. Barry Taranto asked the Board to look at the financing numbers. Violators of medallions should get egregious fines. The industry will be hurt if cab companies control medallion holders. Ed Healy spoke in favor of the plan. Robert Cesano expressed support for the plan. Dave Schneider stated that the plan should be sent back. It isn’t a plan for service improvement. This is a plan to help with financing. The SFMTA needs to provide for our security. Andrew Sun, on behalf of John Lazar, expressed appreciation for the work but that there are concerns that still need to be addressed. The Lazar plan will improve taxi service. His plan and other plans need to be further evaluated. He urged a side by side analysis of all the plans. Rico Camacho stated that there are loopholes in the equation. There isn’t a bona fide financing plan and it doesn’t make sense that the plan will enhance taxi service in the city. He presented a petition from drivers who opposed the plan. Jane Bolig expressed support for the sale of medallions. Barry Korengold expressed support for the sale of medallions. John Klein stated that he questions the right of the SFMTA Board to be the arbiter of this decision. He expressed opposition to the transfer of medallions and the transfer of funds from the taxi industry to the Municipal Railway. Tone Lee expressed support for the sale of medallions. Peter Fox expressed support for the sale of medallions and stated that there should be separate meetings for taxi issues. Victoria Lansdown expressed support for the sale of medallions. Khagendra requested that the list be reopened and that staff provide a 30 day notice so people can get on the list. Michael Kurpieski stated that he wasn’t in favor of the proposal. He doesn’t want t to be saddled with a debt that he’ll never be able to pay off. Blake Derby expressed support for the sale of medallions. Tariq Mehmood expressed support for the sale of medallions. He added that the wait list was closed verbally and he requested that staff allow people to get on the waiting list. The list should be closed in the right way. Chairman Nolan closed public comment. Director Heinicke requested that staff consider a flexible model that determines how much a retiree gets, that maximizes revenue, allows people to retire gracefully and maintain a degree of pilot project flexibility. Chairman Nolan requested a hearing on centralized dispatch in the future. He added that staff would look at ways to have a set time for taxi issues. RESOLUTION 10-029 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka 15. Authorizing the Executive Director/CEO to execute Contract CS-155-3, Architectural and Engineering Services for the Final Design and Construction of the Central Subway Project – Systems Design with HNTB - B&C JV to complete the final design of the Central Subway System Design for an amount not to exceed $32,294,319 and for a term not to exceed ten years with an option to extend the term. (Explanatory documents include a staff report, resolution, financial plan and contract.) (Carter Rohan) No public comment. Vice Chairman McCray requested information regarding local participation. RESOLUTION 10-030 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka 16. 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 1:50 p.m. 2. Roll Call Present:
Also present:
3. 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 4. 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 2:02 p.m. 17. Announcement of Closed Session. Chairman Nolan announced that the SFMTA Board of Directors met in closed session to discuss anticipated litigation with the City Attorney and for a conference with their labor negotiator. There was no action taken. 18. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved. ADJOURN - Following closed session, the meeting was recessed at 4:12 p.m. to March 2. The meeting was finally adjourned at 12:42 p.m. on March 2, 2010. 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 Avenue, Suite 220, SF, CA 94102-6027 or the web site: sfgov.org/ethics. |
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