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ORDER OF BUSINESS 1. Call to Order Chairman Nolan called the meeting to order at 1:06 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. Director Heinicke arrived. 4. Approval of Minutes On motion to approve the minutes of the January 4, 2011 Regular Meeting: unanimously approved (Oka-absent). 5. Communications Board Secretary Boomer stated that Item 13 related to employee parking and Item 17 related to the RFP for parking garages had been removed from the agenda at the request of staff. 6. Introduction of New or Unfinished Business by Board Members Director Brinkman discussed the former Mayor’s directive regarding pedestrian safety. Exec. Director Ford stated that the report would be presented at the February 15 workshop. (6.1) Election of SFMTA Board Chairman and Vice Chairman pursuant to SFMTA Rules of Order On motion to elect Tom Nolan as Chairman of the SFMTA Board of Directors: ADOPTED: AYES – Beach, Bridges, Brinkman, Heinicke, Lee and Nolan ABSENT - Oka On motion to elect Jerry Lee as Vice Chairman of the SFMTA Board of Directors: ADOPTED: AYES – Beach, Bridges, Brinkman, Heinicke, Lee and Nolan ABSENT - Oka 7. Executive Director’s Report (For discussion only)
Exec. Director/CEO Ford discussed the recent state budget and the restructuring of the SFMTA. Director Oka arrived. John Haley, officer, Transit Services, discussed the practice of short turning trains. Chairman Nolan requested a future update on the practice of short turning trains. PUBLIC COMMENT: Herbert Weiner expressed concern about short turning trains. It’s inconvenient. One way to resolve it is to get more coaches. With Mayor Newsom gone, the SFMTA has latitude and doesn’t have to take orders from Room 200. The attitude of the Board is that the MTA has to operate within financial constraints but the Board should be looking to expand its resources. 8. Citizens’ Advisory Council Report Daniel Murphy, chairman, Citizen’s Advisory Council, presented the CAC’s recommendations. 9. Public Comment Bevan Dufty suggested that the SFMTA Board get a report on system safety and on the items that former Chief Safety Officer Dougherty committed to completing. There were a number of issues before the Board of Supervisors regarding safety but since the arrival of a new safety director, there hasn’t been a presentation on safety. John Blaisdell stated that this is a nice city with nice things to see and that it seems to run smoothly. He suggested a moment of silence for people who didn’t survive certain things. He expressed a desire to promote a culture of life where nobody is deprived of their rights. Dave Schneider welcomed Ms. Bridges. He spoke about the safety of taxi drivers. A year has elapsed since a taxi driver was attacked and recently a driver was punched out. He would like an omnibus regulatory scheme for the safety of cab drivers and asked the Board to schedule a special hearing on safety. He presented a petition signed by cab drivers regarding safety. Vera Haile suggested hourly express buses as an alternative to increasing the distance between bus stops. The senior and disabled populations are getting skewed on the wrong side of the equation by making us walk further. These buses could run once an hour with input from the community about where stops should be. People will be more satisfied if one local bus were replaced with one express bus. Please study the issue further. Barry Taranto noted that Yvette gave him what he needed in reasonable amount of time. He welcomed Ms. Bridges and stated that she needed to become versed in taxi issues before voting. The Board doesn’t hear from taxi drivers, just from medallion holders and company owners. He expressed concern regarding parking enforcement. A lot of limousines and town cars could be tagged. A hearing hasn’t been scheduled for a meter increase. The A-card process has changed which is costing drivers in time and money. It takes over an hour to get the card renewed. Herbert Weiner welcomed Ms. Bridges and called the MTA a failed agency that is off of its rails. The proposed construction of CPMC on Van Ness will interfere with the new rail system. TWU has given concessions that the public doesn’t know about. Reducing stops hasn’t sped up service but it has made it more difficult for seniors and the disabled. The SFMTA needs to get more coaches and operators. Tariq Mehmood said that drivers are waiting for 2- 2 1/2’s hours to renew their A card. It used to take five to ten minutes. Drivers are losing $80 for the wait which has to be paid to the company. Ms. Hayashi made the Taxi Advisory Council with “dummy people”. He questioned Ms. Hayashi’s job performance and why he was denied membership. Ed Healy stated that the industry had previously told the SFMTA that they were being unfairly ticketed by PCO’s in bus stops. PCO’s have been ticketing when cab drivers are dropping people off on Market Street and along the Embarcadero. People are getting tickets in the mail six weeks after the incident. This is an impossible way to do business and Mr. Healy expressed hope that the Board would look into it. Charles Rathbone, Luxor Cab., discussed the CAC report. If you’re giving up real estate, cab companies are constantly struggling to find real estate. Don’t give it up Kirkland. Consider using it for taxis. Christopher Fulkerson stated that a shock wave regarding the taxi committee is moving through the industry. When asked about where the money from the sale of medallions was going, Ms. Hayashi stated that the money was going into the SFMTA fund. The SFPD has been charging cab drivers for their own prosecution and the SFMTA is preventing progress while treating the industry as a cash cow. The SFMTA is a predator. Mark Gruberg spoke about peak time permits. He expressed support for the idea as an alternative, assuming it’s done wisely and responsibly. The city attorney opined that the SFMTA doesn’t have to hold a public hearing of the type required under Section 11.15 to demonstrate the need for more cabs. If a decision is going to be made, public participation is necessary. The taxi regulations are built on a foundation of sand. Barry Korengold spoke about the number of tickets being issued along Embarcadero for double parking. Taxis can’t find a legal space to drop off their passengers. Taxi drivers are paying the salaries of PCO’s who are fining us to do our jobs. He asked the Board to do something so they’re not getting unnecessary tickets. Tara Houseman expressed agreement about tickets by PCO’s. They need to be informed about what and who should be ticketed. She requested more lead time for the public to read the agenda as it is difficult when attachments are lengthy. Ms. Houseman encouraged Ms. Bridges ride along in a taxi. Rafael Cabrera, TWU, Local 250-A, expressed appreciation for board member visits to divisions and expressed hope that the visits would continue. These visits provide a first hand understanding of what employees go through. Employees want the same thing, to provide better service, but to do that, they need good working conditions. Jane Bolig spoke about peak time permits. There are proposals that warrant consideration. Ms. Bolig has submitted essays on that to the SFMTA that involve setting up a Public Necessity and Convenience (PC&N) process. Ms. Bolig reviewed various suggestions for peak time permits. Reggie McCray, TWU Local 200, addressed employee parking. Some contracts have a provision for placards for supervisors and managers because the SFMTA doesn’t have enough vehicles. The SFMTA was supposed to issue placards but hasn’t done it yet. Today’s agenda says that they have contract negotiations but on December 10, 2010, TWU Local 200 approved a valid contract that is in line with all charter sections and provisions. This contract needs to be adhered to. Their attorney sent a letter to the SFMTA and they are waiting to hear back. There are abuses to the contract that need to be addressed. Chairman Nolan requested information regarding Ms. Haile’s suggestion about express buses and what the SFMTA is doing with regard to enhancing safety for cab drivers Director Heinicke requested information regarding how and why taxi drivers are being ticketed and what the rules are with regard to ticketing taxi drivers. 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: A. Mary Staats vs. BART, CCSF, Superior Ct. #484497, filed on 1/29/09 for $25,000 B. Caroline Nguyen & Lindsay Hurd vs. CCSF, Superior Ct. #CGC10504537 for $25,000 C. Teresa Vincent vs. CCSF, Superior Ct. #CGC10502463 filed on 4/28/10 for $27,000 RESOLUTION 11-006 (10.2) Authorizing the Executive Director/CEO execute permit agreements with BART for access to BART tunnels and the BART Powell Street Station to perform surveys necessary for the final design of the Central Subway Project for a total cost not to exceed $400,000. (Explanatory documents include a staff report, resolution, agreement and financial plan.) (Carter Rohan) Item 10.2 was severed at the request of a member of the public. PUBLIC COMMENT: Barry Taranto wondered why it would cost $400,000 to inspect the tunnels. The public deserves an explanation as to why these inspections are being done. RESOLUTION 11-007 On motion to approve the Consent Calendar (Item 10.2 severed): ADOPTED: AYES – Beach, Bridges, Brinkman, Heinicke, Lee, Nolan and Oka On motion to approve Item 10.2: ADOPTED: AYES – Beach, Bridges, Brinkman, Heinicke, Lee, Nolan and Oka REGULAR CALENDAR 11. Approving the establishment of no parking regulations and installing sidewalk extensions that will serve as transit bulbs for the N Judah transit stops on Carl Street at Cole Street and Stanyan Street. (Explanatory documents include a staff report, and resolution.) (Bond Yee) Bond Yee, officer, Sustainable Streets, presented the staff report. PUBLIC COMMENT: People who expressed opposition to the item: Grace Knight People who expressed support for the item: Jim Rhoads, Joan Downey, Alexander Crockett, Manish Champsee. RESOLUTION 11-008 On motion to approve: ADOPTED: AYES – Beach, Bridges, Brinkman, Heinicke, Lee, Nolan and Oka 12. Adopting amendments to Transportation Code, Division II, Article 1100 to amend administrative hearing procedures, revise taxi vehicle equipment standards, require implementation of electronic waybills, change the reporting deadline for the Taxi Advisory Council to submit its recommendations regarding the Taxi Medallion Sales Pilot Program to March 31, 2011, and amend the eligibility requirements to become a San Francisco taxi driver. (Explanatory documents include a staff report, resolution and amendments.) (Debra Johnson) PUBLIC COMMENT: Tara Houseman urged the Board to change the wording for the drivers fund to include the phrase “for the benefit of cab drivers”. With regards to changing the age to get permit from 21 to 24, if you have a valid driver’s license and can enter into a contract, you have to prove that a cab company will hire you. That handles the concern. Most insurance companies won’t insure a driver at age 24. This restriction means that students couldn’t drive a cab on the weekends to pay for their education. It’s not the SFMTA’s job to winnow hiring. Charles Rathbone, Luxor Cab, stated that there are many elements of the proposal. Simplifying administrative hearings is good. He is generally supportive with regard to equipment changes but is concerned about rubber floor mats as they are not off the shelf items. He suggested that they be required for the rear seat only. The current equipment won’t allow e-waybills. He expressed concern regarding posting business material on the internet. Barry Taranto stated that two minutes isn’t long enough. Items should be bifurcated and reviewed at a town hall meeting as it is a lot of material to review. Some stuff is a no-brainer such as extension of the TAC deadline and taxi wraps and some need further examination. The SFMTA is holding back the pay for a driver by not holding a PC&N hearing. Peter Fox stated that cabs don’t have the necessary equipment installed to allow for electronic waybills. He does not have issues with the other recommendations. The industry is waiting for approval from California State Weights and Measures for equipment and they will be unable to comply with the proposal if they don’t have approved equipment. He is in favor of the adoption of e-waybills but questioned the ability to comply. Tariq Mehmood discussed changes to the waybills. Drivers won’t benefit from having e-waybills. It takes away driver privacy. By the time vehicles get to be four or five years old, vehicles are screaming do moving from six years to eight years is not good. He requested that staff provide material at least a month in advance to allow the industry to review new legislation. Jane Bolig expressed concern about the expense of new front and back seats and what will be done with the information received from e-waybills once obtained. She questioned the “log in and out” time for a driver who has to change vehicles due to a breakdown. Barry Korengold, SFCab Drivers Assoc., said that most of the legislation is fine. There needs to be a way for the driver to turn off the top light manually when there’s a break down or a cab is going to a call. He questioned when the time would start for the electronic waybill and stated that there’s an issue with the timing of medallion issuance. Mark Gruberg spoke about legal residence requirements and inquired if the item complies with sanctuary laws. He expressed concern about e-waybills and added that there needs to be stringent policies regarding access to that information. Easing vehicle age requirements will impact low end companies. He questioned the requirement to manually enter certain information and whether a switch from cloth to leather or vinyl was a regulatory matter. He urged that current cabs be “grandfathered”. Following discussion by the SFMTA Board of Directors, the item was continued to the February 1, 2011 MTA Board meeting 13. Approving amendments to Transportation Code, Division II by adding Section 1009 to prohibit any non-SFMTA vehicle from parking on designated SFMTA property unless such vehicle displays valid proof of payment, and modifying Section 302 to establish a citation penalty amount for violation of Section 1009 and Section 308 to authorize the Director of Transportation to designate the SFMTA Customer Service Center locations which are subject to an In-Person Customer Service Center transaction fee. (Explanatory documents include a report and amendments.) (Sonali Bose) This item was removed from the agenda at the request of staff. 14. Presentation and discussion regarding the FY11 First Quarter Service Standards Report. (Explanatory documents include a report and scorecard.) (Sonali Bose) Corey Marshall, manager, Organizational Analysis and Reporting, presented the staff report. Director Beach requested information regarding why the 91 Owl line had poor on time performance. No public comment. 15. Approving the Funding Plan for the Central Subway Project. (Explanatory documents include a staff report, resolution and amendments.) (Sonali Bose) Exec. Director/CEO Ford presented the funding plan. PUBLIC COMMENT: Art Michel, Central Subway Citizen’s Advisory Council, stated that it’s a pleasure to see the project on the cusp of reality. He urged the Board to vote in favor of the item. Michael Barrett stated that San Francisco has the hardware to be the most complete transit system in the nation. Central Subway funding should be used on things other than the underground system. Muni is crumbling with $2 billion of deferred maintenance needs. This project will cost $1.2 billion for a system that has only three stops. This will further decrease public transportation in the Marina, North Beach and Chinatown. The elimination of other T-line stops will decrease transit service in contradiction of the SFMTA requirements to enhance service. The FTA will not cover cost overruns. This is an extremely high risk project. Gerald Cauthen stated that there are many reasons for the growing number of groups who oppose this project. By the time the EIR came out, the ridership projections had been adjusted downward to 65,000 riders per day including the T-line. Wilma Pang stated that many of her brothers and sisters are confined in a home. Chinatown needs to know that the T-line only runs to Powell or Market so passengers will have to get off and walk 1000 feet to Union Square. Because of this seniors would rather take the bus. Howard Wong stated that the Central Subway’s budget would go a long way towards fixing the crumbling Muni system, such as failing brakes and deferred infrastructure. Even if the project is built in eight years, the infrastructure problems are happening now. The project won’t solve the transit problems along that stretch. There will be decreased vehicle availability. There are over 50 organizations that say that this project is of no benefit to the city. Joan Wood stated that while it’s late in the day to derail this project, the funding for this project could go a long way to solve other problems. The system is crumbling and there are deferred maintenance needs. There are 700,000 riders a day on the other lines. At the last minute, seven extra blocks were added, to bring the subway to Washington Sq. Park which adds an extra $20 million. Rose Pak’s wishes are not what the Board should be considering. Small businesses will be lost during construction. RESOLUTION 11-009 On motion to approve: ADOPTED: AYES – Beach, Bridges, Brinkman, Heinicke, Lee, Nolan and Oka 16. Approving the SFMTA’s 2011 Advocacy Program. (Explanatory documents include a staff report, resolution and program.) (Debra Johnson) No public comment. RESOLUTION 11-010 On motion to approve: ADOPTED: AYES – Beach, Bridges, Brinkman, Heinicke, Lee, Nolan and Oka 17. Directing staff to reopen the solicitation process for Request for Proposals #SFMTA 2009/10-14, Operation and Management of Parking Facilities, by issuing an addendum setting new deadlines and making any necessary updates. (Explanatory documents include a staff report, and resolution.) (Bond Yee) This item was removed from the agenda at the request of staff. 18. 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 4:15 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. Joanna Sedillo vs. CCSF, Superior Ct. #CGC8472126 filed on 2/13/08 for $107,500 RESOLUTION 11-011 On motion to approve: ADOPTED: AYES – Beach, Bridges, Brinkman, Heinicke, Lee, Nolan and Oka B. Alena Caldwell vs. CCSF, Superior Ct. #CGC9493683 filed on 10/22/00 for $225,000 RESOLUTION 11-012 On motion to approve: ADOPTED: AYES – Beach, Bridges, Brinkman, Heinicke, Lee, 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 Also present: Amit Kothari, manager, Off Street Parking Absent:
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 and TWU, Local 200 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 4:52 p.m. 19. Announcement of Closed Session. Chairman Nolan announced that the SFMTA Board of Directors met in closed session to discuss the Sedillo and Caldwell cases with the City Attorney. The Board of Directors voted unanimously to settle the cases. The Board discussed anticipated litigation and labor negotiations but took no action. 20. 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 4:53 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 Avenue, Suite 220, SF, CA 94102-6027 or the web site: sfgov.org/ethics. |
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