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ORDER OF BUSINESS 1. Call to Order Chairman McCray called the meeting to order at 2:05 p.m. 2. Roll Call Present:
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 December 2, 2008 Regular Meeting: unanimously approved. 5. Communications Board Secretary Boomer announced that Item 14, Renaming Muni Metro East, had been removed from the agenda. 6. Introduction of New or Unfinished Business by Board Members Director Oka requested a status report on the BART/Muni Fast Pass. Chief of Staff/Director of Administration Debra Johnson reported that the SFMTA recently executed an agreement with BART for a pilot project. Staff will provide another report on the project in the future. 7. Executive Director’s Report (For discussion only)
Executive Director/CEO Ford presented Special Recognition Awards to Ed Walsh, Principal Administrative Analyst, Parking and Traffic; James Stuart, Assistant Chief Inspector, Street Operations Division, Muni Service Delivery; and Ken Sapp, Automotive Mechanic Supervisor, Woods Division, Muni Service Delivery. Exec. Director/CEO Ford reviewed the service on New Year’s Eve. There were no incidents or delays. Sonali Bose, Chief Financial Officer and Matt Hanson, City Risk Management Office reviewed the status of securing insurance for claims. They will provide another report to the Board once they have gathered additional information. Ken McDonald, Chief Operating Officer reviewed the status of slow speed orders in the Twin Peaks Tunnel. Director Beach requested a copy of the report regarding speeds in the tunnel. Director Heinicke requested that staff report on possibly increasing speed in the tunnel. C.O.O. McDonald stated that he would report back in February. 8. Citizen’s Advisory Council Report No report. 9. Public Comment Emil Lawrence stated that as a white male minority, he has been passed over for various jobs including the position of Director of Taxi and Accessible Services. It’s corrupt when friends from the Mayor’s office are hired. Mr. Ford was picked by the Civil Service Commission to handle discriminatory charges at SFMTA. The SFMTA is practicing a policy of exclusion by not admitting taxi drivers into its administration. Bob Planthold requested cooperation between BART and Muni in providing public notice when an escalator is out of service. He had to walk two-thirds of a block to get to an elevator. This takes extra time and effort and puts him at risk for injury. The public is better serviced if notice is provided. Barry Taranto stated that he would rather have seen the SFMTA hire someone with more taxi experience but he finds Ms. Hayashi refreshing and forthcoming. Julia Rosenberg is unprofessional and she doesn’t know the industry or its’ laws. The J-Church is performing poorly and inspectors should monitor the line. Staff should shoot for 75% on-time performance by the end of the next quarter. Many people are getting on the back of the 14-Mission Line without paying. Fare inspectors should be put on the bus lines where the most egregious violations occur. Parking Control Officers need to work during the weekend and in the evening. Rony Rolnizky asked that the 36-Teresita line be reinstated in his hilly neighborhood. He has a son who is disabled, and who depends on caregivers. By canceling this bus, the SFMTA is disconnecting his neighborhood from bus service. Mark Gleason, Teamsters Local 665 stated that there are difficulties with labor negotiations in garages. In recognition of the difficult economic times, members have agreed to a one year freeze in wages and benefits. Members have committed to complete fidelity of Article 22 regarding revenue control. Peter Witt noted that one of the priorities for the merger was to increase customer service but there aren’t priorities for safety and driver quality of life. Mr. Witt provided a letter he wrote in 2005 that discussed a lack of leadership, skills, compassion and enforcement by the Taxi Detail. Taxi drivers don’t have benefits, health care or sick pay. Patricia Campe-Aguilar discussed difficulties with the 37-Corbett line. Buses are leaving early from the terminus point. There is no “Nextbus” signage so residents don’t know that the bus has left early. There are serious problems during the evening. Buses run every thirty minutes but residents have waited for one and a half hours without knowing if a bus was coming. Drivers should communicate to the public when something is happening. Martin Smith, Luxor Cab, stated that they are looking forward to working with the SFMTA and expressed hope that staff will look at street stands, fleet medallions and at rewarding companies for doing the right thing. Luxor Cab is almost completely “green”. Branton Burke stated that for the past five and a half weeks he has been trying to resolve problems with the 37-Corbett. He has filed over 35 complaints since Thanksgiving and although he has requested a return call, he has yet to receive a response. The hybrid buses are breaking down at an alarming rate. When a bus breaks down, another bus needs to be put on the street. Rua Graffis stated that she had trouble transferring from BART to Muni because the elevator at Civic Center isn’t working. The elevator needs to be re-engineered to allow access for scooters. 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 09-001 (10.2) Approving the following traffic modifications:
RESOLUTION 09-002 Item 10.2 F was removed from the agenda at the request of a member of the public. PUBLIC COMMENT: Barry Taranto stated that tour buses are using the taxi stand in front of Macy’s but PCO’s are ticketing cab drivers when they use the stand. He questioned why this tour bus zone was being created and why cab drivers were being prevented from using their cab stand. William Taylor, Open Top Sightseeing, stated that the proposal only deals with the north side. It will help to deal with a parking issue and will replace the existing limousine zone. On motion to approve Item 10.2 F: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka (10.3) Authorizing the Executive Director/CEO to accept and expend $940,500 in RM-2 capital funds to implement a Safe Routes to Transit project to construct pedestrian improvements along the intersection of Mission Street & Geneva Avenue. (Explanatory documents include a staff report, resolution, application and financial plan.) (Sonali Bose) RESOLUTION 09-003 (10.4) Authorizing the Executive Director/CEO to accept and expend up to $648,000 in FY 2009/10 Bicycle Transportation Account Funds for bicycle lane maintenance and educational, training and promotional activities. (Explanatory documents include a staff report and resolution.) (Sonali Bose) RESOLUTION 09-004 (10.5) Authorizing the Executive Director/CEO to accept and expend a total of $50,000 of Federal Transit Administration Planning Funds from the Metropolitan Transportation Commission to produce a Mini-Short Range Transit Plan in FY2009. (Explanatory documents include a staff report and resolution.) (Sonali Bose) RESOLUTION 09-005 (10.6) Authorizing the Department of Public Works to award Contract No. 1099J: SFgo Various Locations Contract for the installation of seven variable message sign displays and 11 closed circuit television cameras at various locations along 3rd Street, Fell and Oak Street corridor, Octavia Blvd., and South of Market area, for a total contract amount not to exceed $1,073,888. (Explanatory documents include a staff report, resolution and financial plan.) (Bond Yee) RESOLUTION 09-006 (10.7) Authorizing the Executive Director/CEO to award Contract #SFMTA2008-02, Railway Core Capacity and Reliability Analysis with Systra Consulting to conduct railway core capacity and reliability analysis for an amount not to exceed $595,056, for a contract term of one year, with an option to extend the agreement for up to two additional years. (Explanatory documents include a staff report, resolution and contract.) (Kenneth McDonald) RESOLUTION 09-007 (10.8) Authorizing the Executive Director/CEO to execute a Cooperative Agreement #04-2127 with the State of California to allow Caltrans to construct a new traffic signal at the intersection of Skyline Boulevard, Lake Merced Boulevard and Herbst Road at a cost not to exceed $216,000. (Explanatory documents include a staff report, resolution, contract and financial plan.) (Bond Yee) RESOLUTION 09-008 (10.9) Approving the issuance of a transit pass at no cost for use by registered transit professionals and other attendees of the APTA 2009 Marketing and Communications Conference (Explanatory documents include a staff report and resolution.) (Debra Johnson) RESOLUTION 09-009 (10.10) Authorizing the Executive Director/CEO to issue a Request for Proposals for Back Strengthening, Ergonomic Assessments and Wellness Program Services, for the purpose of entering into a three year professional services contract not to exceed $350,000 with a one year option at SFMTA’s discretion. (Explanatory documents include a staff report, resolution and RFP.) (Debra Johnson) RESOLUTION 09-010 (10.11) Approving the plans and specifications and authorizing bid call for Contract No.1233, Miscellaneous Rail Replacement Project. (Explanatory documents include a staff report, resolution and financial plan.) (Carter Rohan) RESOLUTION 09-011 (10.12) Adopting the conceptual Traffic Calming Projects for the Central Richmond, Potrero Hill and Garfield/Holloway/Cerritos/Cedro Avenues neighborhoods. (Explanatory documents include a staff report, resolution and project map.) (Bond Yee) Item 10.12 was removed from the agenda at the request of a member of the public. PUBLIC COMMENT: Barry Taranto stated that the Board should request a description of the projects because this will impact not only residents but people who drive through the area. This item shouldn’t be approved without televising what it’s about. RESOLUTION 09-012 On motion to approve Item 10.12: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka On motion to approve the Consent Calendar (Item 10.2 F and 10.12 severed): ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka REGULAR CALENDAR 11. Presentation and discussion of draft Taxicab Regulations. (Explanatory documents include a staff report and regulations.) (Christiane Hayashi) Christiane Hayashi, Director, Taxi and Accessible Services presented the staff report. PUBLIC COMMENT: Emil Lawrence stated that discussions about rules and regulations have been going on for 12 years. The new director didn’t talk about cab driver income. Drivers support medallion holders and companies. The Director should drive a cab for a year to really find out what’s going on. There is no grievance procedure or medical programs for drivers. Drivers have the right to due process. Barry Taranto stated that shoving rules and regulations down their throats is unfair to an industry that has the lowest paid workers in the city. This doesn’t help drivers make money. Rules are okay if you make cab drivers employees of the city and county of San Francisco. We were promised health care. Bud Hazelkorn, United Taxicab Workers, expressed concern that the SFMTA could become more isolated than the current Taxi Commission by virtue of the amount of work it already does. Drivers have no rights, no benefits and make a substandard wage. Cab drivers are integral to the public transit puzzle and are entitled to the same rights and privileges that other city workers enjoy. The “rank and file” needs more representation than medallion holders. Centralized dispatch is a brilliant way to bring together citizens looking for cabs and cab drivers looking for fares. We need a pension system to solve the issue of medallions being used as pensions. We need to cap fees on medallions. Drivers are mis-classified as independent contractors. The disciplinary process should include a way for drivers to bring grievances. Rua Graffis, United Taxicab Workers, stated everyone will be reviewing the rules. If you want to know how to fix the industry, talk to the drivers. We need equal representation. The City caps the meter rate and what drives income is the permit holder fee which needs to be capped. Copies of the contract between a driver and color scheme should be given to all parties. Ms. Graffis reviewed several other rules that needed to be re-examined. May McGuire stated that the Taxi Commission (TXC) has reviewed rules for years. The TXC Rules Subcommittee should review this item. There are three sections that are in conflict with current taxi accessibility guidelines. Martin Smith stated that UTW does not represent the industry. Under the proposed rules, a revoked medallion will be off the road for 90 days which will hurt cab drivers and the public. Maybe the cab should stay on the road and generate revenue. Drivers don’t want a union. They consider themselves independent contractors. Dan Hinds, National Veteran’s Cab, stated that the formulation of the draft rules was exclusive and that the proposed changes frame the nature of the debate about the industry. The most important concern is that of the riding public. If we provide reasonably priced, reliable service, then service demand will grow. That should be the focus rather than on the false dichotomy between management and drivers. Carl Macmurdo, Medallion Holders Association, stated that the make-up of the Taxi Advisory Group (TAG) as determined by the previous TAG should be respected. There is no real nexus between March 1 and the need to revise these codes. There are some good ideas but some of the other proposals are not. There is a critical safety problem. Mr. Macmurdo suggested that the topic be deferred for six months and that the proposals should be reviewed by a TAG. Peter Witt stated that the Police Commission changed all the rules and then the Taxi Commission changed the rules. Driver performance is a critical factor. Taxicab drivers need to be able to make a living and then they could afford health insurance. Central dispatch is a long-term solution. Putting medallions on the street would bring in revenue. Mr. Witt stated that he has done a customer survey every year for the past ten years. Barry Korengold stated that changes should be reviewed by people in the industry. People running the industry have never worked in the industry. There should be equal numbers on the Taxi Advisory Group. Mr. Korengold requested that the Board “give it six months” prior to adoption. 12. Presentation and discussion of the First Quarter FY08 Service Standards Report. (Explanatory documents include a staff report.) (Debra Johnson) Travis Fox, Manager, System Performance, presented the report. Ken McDonald, Chief Operating Officer reviewed plans to improve on-time performance. Director Beach requested information regarding the number of vehicle breakdowns by mode. No public comment. 13. Authorizing the Executive Director/CEO to execute the third amendment to the Red Light Photo Enforcement Agreement with ACS State and Local Solutions to extend the term to December 30, 2009 at no additional cost. (Explanatory documents include a staff report, resolution and contract amendment.) (Bond Yee) No public comment. RESOLUTION 09-013 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka 14. Naming the Muni Metro East Light Rail Facility as the “Willie L. Brown, Jr. Light Rail Facility”. (Explanatory documents include a staff report and resolution.) (Debra Johnson) Item 14 was removed from the agenda at the request of staff. 15. Adoption of the 2009 San Francisco Municipal Transportation Agency Legislative Program. (Explanatory documents include a staff report, legislative program and resolution.) (Debra Johnson) No public comment. RESOLUTION 09-014 On motion to approve: ADOPTED: AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka 16. Amending the SFMTA Rules of Order to add a new section “Article 8 – Legislative Process Section 1. Effective Date. Resolutions that adopt provisions of the City's Transportation Code relating to parking, traffic, and taxi service shall go into effect at the beginning of the 31st day after approval. (Explanatory documents include a staff report resolution and Rules of Order.) (Roberta Boomer) No public comment. RESOLUTION 09-015 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 Director Heinicke left the meeting. RECESS REGULAR MEETING AND CONVENE CLOSED SESSION CLOSED SESSION 1. Call to Order Chairman McCray called the closed session to order at 4:50 p.m. 2. Roll Call Present:
Absent: Malcolm Heinicke 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 attorney-client matters in the following case: CONFERENCE WITH LEGAL COUNSEL Existing Litigation: A. Coalition for Adequate Review vs. CCSF, Superior Ct. #505509 filed on 7/28/05 Also present:
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 and take action on attorney-client matters in the following cases: CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation: __X__ As defendant or __X__ As plaintiff A. Approving the Termination Agreement between the City and Škoda Ostrov (aka Strojirny Ostrov s.r.o) including cancellation of parts orders not delivered; City to be relieved of payment for crossbeams; and mutual release of all claims and liabilities. RESOLUTION 09-016 On motion to approve: ADOPTED: AYES – Beach, Black, Lee, McCray, Nolan and Oka ABSENT - Heinicke ADJOURN CLOSED SESSION AND RECONVENE OPEN SESSION- The closed session was adjourned at 5:15 p.m. 18. Announcement of Closed Session. Chairman McCray announced that the SFMTA Board of Directors met in closed session to discuss two matters of anticipated litigation. No action was taken. In addition, the SFMTA Board met in closed session to discuss the Škoda termination agreement. The SFMTA Board of Directors voted unanimously to approve the agreement (Heinicke-absent). 19. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved (Heinicke-absent). 20. Endorsing the Shared Lane Design recommended by the City Traffic Engineer for the eastbound Market Street approach to Octavia Boulevard. (Explanatory documents include a staff report, resolution, designs and photos.) (Bond Yee) PUBLIC COMMENT: Cheryl Brinkman, Livable City, expressed opposition to the plan. Changing the current plan will discourage cyclists. A shared-lane design is not safe for a cyclist. Other intersections along Market are scary. Ms. Brinkman asked the Board to not force her to share a lane with motorists and suggested that another solution be found. Michael Borden stated that he was involved in an accident at this location. The proposed changes are a huge step backwards in safety. The current design walls cyclists off from the cars unlike other intersections on Market. Mr. Borden urged the Board to reconsider doing away with the few improvements made over the past few years. Andy Thornley, SF Bike Coalition, stated that the idea is a bad one and a step backwards. The SFMTA is giving up before it has done all the work it could and should do. Mayor Newsom asked SFMTA to color the bicycle lane and the Planning department has consulted with neighborhoods to come up with more ideas. Mr. Thornley requested that the Board push away this suggestion and engage other city agencies to make the intersection safe comfortable and convenient. Zachary Stender stated that he had been struck by a car at Market and Octavia after improvements had been made. This “improvement” is not the right way to go. If the SFMTA take these steps, cyclists won’t be or feel safe. Mr. Stender asked the SFMTA Board to slow down. There are other great options that would be better. RESOLUTION 09-017 On motion to approve: ADOPTED: AYES – Beach, Black, Lee, McCray, Nolan and Oka ABSENT - Heinicke ADJOURN - The meeting was adjourned at 5:35 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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