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ORDER OF BUSINESS

1. Call to Order

Chairman McCray called the meeting to order at 2:04 p.m.

2. Roll Call

Present:

  • Cameron Beach
  • Shirley Breyer Black
  • James McCray, Jr.
  • Tom Nolan

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 4, 2007 Regular Meeting: unanimously approved.

5. Communications

Board Secretary Boomer stated that the election of officers was continued until all seven members of the SFMTA Board were seated. She also announced that members of the public had requested that Items 10.7, 10.8 and 10.9 be severed from the Consent Calendar and that the Travelers Insurance claim in closed session had been removed from the agenda at the request of staff.

6. Introduction of New or Unfinished Business by Board Members

(6.1) Election of SFMTA Board Chairman and Vice Chairman pursuant to SFMTA Rules of Order

The election of officers was continued to a future meeting.

Vice Chairman Nolan asked if Project 20 was in violation of the city’s wage ordinance. Deputy City Attorney Julia Friedlander responded that the City Attorney’s office was reviewing a claim submitted by Allan White and would report back to the Board once their evaluation was completed.

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

-Special Recognition Award

-Ongoing Activities

Executive Director/CEO Nat Ford presented Special Recognition Awards to Lorraine Fuqua, Senior Administrative Analyst in the Parking Services and Fare Media Unit; Antonio Lama and Alex Valdez, Transit Fare Inspectors, Security and Enforcement Division.

Executive Director/CEO Nathaniel Ford announced that the SFMTA was participating in the Martin Luther King Holiday celebration by providing free transit services to families and celebrants for the Freedom Train. The T-Line “Freedom Train” will depart the Sunnydale station at 10:30 a.m. The SFMTA is printing 5,000 commemorative tickets.

There were no serious service issues on New Year’s Eve. The MTA had traffic control and transit operation plans in place. Free service was provided from 8:00 p.m. to 4:00 a.m.

The January 4, 2008 rain storm impacted service delivery. The SFMTA implemented preventative and recovery measures. Damage was caused by fallen trees and intermittent power outages. PCO’s were deployed throughout city.

In November 2007, the SFMTA declared an emergency for the Twin Peaks tunnel due to excessive deterioration of hardware and track conditions. Work began on January 2 to prevent further deterioration and improve the track condition from West Portal to Castro station. Exterior rehabilitation program is underway for both stations. A meeting was held with business and community members and Service Quality Teams were deployed. The work is expected to be completed by March 31st.

On January 4, 2008, the Transit Lane Enforcement Project began with the placement of forward-facing cameras on Muni vehicles to detect violations of parking restrictions in transit-only lanes. During the pilot-phase we are providing warnings. During the initial three-month phase of the pilot, the vehicles will travel on Mission Street and on Geary Street.

The Board of Supervisors postponed taking action on the SFMTA’s security contract with King Security at their December and January meetings and have scheduled it for hearing at the February 5 meeting. The current contract expires on February 28, 2008 and if the Board of Supervisors does not approve the contract, this may leave the Agency without security services. We are working on a contingency plan.

On Thursday, February 28 the SFMTA will host a Pedestrian Summit to examine and discuss the status of the Pedestrian Master Plan; Muni incidents and other programs promoting walkability. Additional information will be forthcoming.

On Tuesday, January 29, 2008, the SFMTA Board will hold a Special workshop meeting at the Golden Gate Club at the Presidio. The workshop will focus on our Strategic Plan, Implementation of Prop. A, the Transit Effectiveness Project and the Operating and Capital Budgets.

8. Citizen’s Advisory Council Report

Daniel Murphy, Chairman, Citizen’s Advisory Council presented their recommendations and recognized the service of Bruce Oka as a member of the CAC.

9. Public Comment

Mark Connors, Good Neighbors of Treasure Island and Yerba Buena Island, stated that they have concerns about service on Treasure Island. The bus shelters are rickety, have graffiti and are unsightly. Rain comes in through the side. Buses are overcrowded every. There has been some bad behavior in the back of the buses so everyone crowds in front. Mr. Connors asked that the shelters be repaired and that the SFMTA provide buses that run every ten minutes.

Executive Director Ford stated that Chief of Staff Debra Johnson and Chief Operating Officer Ken McDonald have had numerous meetings with Treasure Island staff and have been working collectively with TI staff and the Navy to resolve the issues raised by Mr. Connors.

Tonie Brock stated that she wanted to relay things that she had witnessed on Muni. Ms. Brock discussed a recent incident on the F-line where a driver reportedly stated “hold onto your purses and wallets, I don’t want to hear any bitching if you get robbed”. Mr. Brock reported seeing abandoned buses, drivers using cell phones, passengers being abused and vehicles speeding past passengers late in the evening without stopping. The 54-line is horrid. The area around the Balboa BART station is unfriendly for pedestrians. Message signs are missing at key spots such as Ocean and Mission.

Executive Director/CEO Ford stated that Chief of Staff Debra Johnson would meet with Ms. Brock regarding her concerns.

Rafael Cabrera stated that he echoed Mr. Ford’s statement about safety. TWU Local 250-A is 100% in agreement about the need for safety. We want to use the forum to talk about what to do about safety. We want to listen to citizen’s concerns. TWU, Local 250-A has been fighting for restroom facilities for operators.

Barry Taranto stated that he would like to see the SFMTA Board take over the Taxi Commission soon. The Taxi Commission doesn’t give weight to the SFPD when making investigations. Mr. Taranto stated that he has filed an Ethics Commission complaint against one of Taxi Commissioners. Mr. Taranto expressed hope that the Enforcement Division does a better job of enforcing white zones around downtown hotels. The abuse of white zones at the Hilton is a major problem.

THE FOLLOWING MATTERS BEFORE THE SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY BOARD 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:

  1. Camila Dechi vs. CCSF, Superior Ct. #417093 filed on 2/5/03 for $1,000
  2. Lamin Kantora vs. CCSF, Superior Ct. #461621 filed 3/22/07 for $5,200
  3. Julie Butenko vs. CCSF, Unlitigated Claim #702695 filed on 4/16/07 for $8,500
  4. Melissa Kaup-Augustine vs. CCSF, Superior Ct. #448659 filed on 1/18/06 for $9,000
  5. Kevin Hurley/Progressive Ins. vs. CCSF, Unlitigated Claim #800412 filed on 8/20/07 for $13,431.67
  6. Emil Savransky vs. CCSF, Superior Ct. #464760 filed on 6/29/07 for $15,000
  7. Diane Rosenfield vs. CCSF, Superior Ct. #438697 filed on 4/25/05 for $18,500
  8. Lynette Roche vs. CCSF, Superior Ct. #442673 filed on 6/29/06 for $24,000

RESOLUTION 08-001

(10.2) Authorizing the Executive Director/CEO to accept and expend $3,000,000 of Transit Security Grant Program funds to purchase and install critical security equipment to enhance the security of Muni’s bus and rail system. (Explanatory documents include a staff report and resolution.) (Sonali Bose)

RESOLUTION 08-002

(10.3) Authorizing the Executive Director/CEO to accept and expend up to $642,000 in FY 2008-09 Bicycle Transportation Account funds. (Explanatory documents include a staff report and resolution.) (Sonali Bose)

RESOLUTION 08-003

(10.4) Authorizing the Executive Director/CEO to accept $92,600 of Transportation Fund for Clean Air Regional Funds from the Bay Area Air Quality Management District for the Northpoint Bicycle Lanes Project. (Explanatory documents include a staff report and resolution.) (Sonali Bose)

RESOLUTION 08-004

(10.5) Authorizing the Executive Director/CEO to advertise a Request for Proposal for Actuarial Services for wages and benefits for SFMTA labor contracts. (Explanatory documents include a staff report, resolution and RFP.) (Sonali Bose)

RESOLUTION 08-005

(10.6) Authorizing the Executive Director/CEO to advertise a Request for Qualifications for Real Estate Appraisal Services. (Explanatory documents include a staff report, resolution and RFP.) (Sonali Bose)

RESOLUTION 08-006

(10.7) Approving the Request for Proposals for the selection of a professional parking management firm for the combined management of the Sutter Stockton and the Union Square Garages, and authorizing its release by the City of San Francisco Uptown Parking Corporation. (Explanatory documents include a staff report, resolution and RFP.) (Sonali Bose)

Item 10.7 was severed from the Consent Calendar at the request of members of the public.

(10.8) Approving the Request for Proposals for the selection of a professional parking management firm for the management of the Ellis-O’Farrell Garage, and authorizing its release by the City of San Francisco Ellis-O’Farrell Parking Corporation. (Explanatory documents include a staff report, resolution and RFP.) (Sonali Bose)

Item 10.8 was severed from the Consent Calendar at the request of members of the public.

(10.9) Approving the Request for Proposals for the selection of a professional parking management firm for the management of the Fifth & Mission/Yerba Buena Garage, and authorizing its release by the City of San Francisco Downtown Parking Corporation. (Explanatory documents include a staff report, resolution and RFP.) (Sonali Bose)

Item 10.9 was severed from the Consent Calendar at the request of members of the public.

Chairman McCray requested that Items 10.7, 10.8 and 10.9 be called together.

PUBLIC COMMENT ON ITEMS 10.7, 10.8 and 10.9

Tim Leonoudakis stated that there are a few “catch-22” provisions that will not allow local garages to bid on the contracts. CityPark has been running garages for over 50 years. They are a $60 million company with 400 employees who are providing parking services to many private garages. We are expert at what we do but we can’t bid on this contract. The contract language facilitates large, carpet bagging companies from other states to bid. They can’t bid because of the requirement for audited financial statements for the past three years. Mr. Leonoudakis requested that SFMTA staff revisit the request for audited financials and the notion of having to operate three 900-car garages. These requirements will keep qualified local companies from participating.

Kermit Kingsbury, San Francisco Parking Concepts, stated that they operate Ellis-O’Farrell and Japan Center garages. Mr. Kingsbury expressed support for Tim Leonoudakis’s comments. The working capital ratio is high for the industry. Mr. Kingsbury noted that the two largest companies in world, Standard and Ampco, have fewer assets than liabilities. Ampco is probably the solidest company in the business and they don’t meet that ratio. Please revisit it so companies won’t be precluded from bidding.

Jim Hornback, Ampco System Parking, stated that the capital assets ratio was unusual. They operate the Sutter Stockton and 5th and Mission garages and suggested that evidence of current service to the city should suffice. All incumbents should be allowed to qualify. They undergo stringent audits every year. Mr. Hornback stated that he was pleased that staff eliminated the tax return requirement and changed the ¼ mile prohibition. Mr. Hornback cautioned the SFMTA to not to put all three Request for Proposals on the street at once and suggested working through one to see what the issues are before proceeding with the other two.

Sidney Goodwill, Uptown Parking Corporation, stated that they have been trying to get a new RFP for these contracts for years. They are looking for a qualified, financially stable firm who can handle millions of dollars in revenue and operating expenses. We are looking for someone who is financially responsible. They are willing to work out the criteria.

Paul Newman, Downtown Parking Corporation, stated that they have been working on the RFP’s for a long time. It’s time to get these circulated. He urged the Board to go ahead with the RFP documents and expressed hope that they will be approved.

Spencer Sechler, CityPark, stated that it would be a tragic injustice to not allow local companies to submit proposals for city-owned garages. Being big and operating in other states doesn’t mean you’re qualified to operate in San Francisco. Audited statements are not typically done for smaller firms. Last year, they paid $6.5 million in parking taxes which is a critical factor to assess when evaluating companies. Mr. Sechler asked what the criteria would be to evaluate other business interests in the neighborhood of the garage. Please allow us to be judged on how well we do and on not how big we are.

Jacqueline Besser, DAJA, International, stated that the requirements are burdensome and overlook the fact that companies are already providing parking services in and for San Francisco. Ms. Besser suggested that staff sit with parking companies that are already working for the city to discuss the new requirements. It’s not fair to deny local companies access to these contracts. Ms. Besser expressed concerns regarding audited financial reports. The city has done a good job in bringing forth new companies but these changes reverse that process and negate the ability to compete.

Chairman McCray stated that items 10.7, 10.8 and 10.9 would be continued to the February 5, 2008 meeting and requested staff to revisit the issues raised by the public regarding financial statements, required threshold and asset to debt ratio.

(10.10) Authorizing the award of Contract No. 1218, No. 22 Fillmore and No. 33 Stanyan Trolley Overhead Reconstruction Project to Abbett Electric in an amount not to exceed $5,445,300. (Explanatory documents include a staff report and resolution.) (Carter Rohan)

RESOLUTION 08-007

(10.11) Authorizing the Executive Director/CEO to execute a new Operating Agreement and License with the Friends of the Cable Car Museum for a term of one year through November 30, 2008. (Explanatory documents include a staff report, resolution and agreement.) (Sonali Bose)

RESOLUTION 08-008

On motion to approve the Consent Calendar (Items 10.7, 10.8 and 10.9 severed)

ADOPTED: AYES – Beach, Black, McCray and Nolan

REGULAR CALENDAR

11. Adopting the FY2008-FY2027 Muni Short Range Transit Plan. (Explanatory documents include a staff report, resolution, public comments and SRTP.) (Carter Rohan)

No public comment.

RESOLUTION 08-009

On motion to approve:

ADOPTED: AYES – Beach, Black, McCray and Nolan

12. Authorizing the Executive Director/CEO to implement changes to Line 108-Treasure Island from the Transbay Terminal to the Caltrain Station on 4th Street at Townsend. (Explanatory documents include a staff report, resolution, map and Notice of statutory exemption.) (Ken McDonald)

PUBLIC COMMENT:

Mark Connors recommended that the SFMTA Board authorize the change. This will help residents who have a hard time getting on and off the island.

Marianne Mazzucco, Treasure Island Development Authority (TIDA), urged approval of the item. Treasure Island continues to grow and to serve families who were formerly homeless. The 800 students in the Job Corp are prohibited from having vehicles. TIDA wants to connect residents to the same services that mainland residents have. This action will give access to a merchant corridor and a public library.

RESOLUTION 08-010

On motion to approve:

ADOPTED: AYES – Beach, Black, McCray and Nolan

13. Authorizing the Executive Director/CEO to execute Amendment No. 7 to the Paratransit Broker Agreement with ATC to extend the agreement for two years through March 31, 2010, with an increase to the contract amount of $33,803,476, for a total contract amount not to exceed $191,825,015. (Explanatory documents include a staff report, resolution and contract modification.) (Debra Johnson)

PUBLIC COMMENT:

Barry Taranto stated that the current paratransit contractor is easy to work with and addresses people’s concerns. Mr. Taranto asked that the paratransit broker work with DPT regarding parking in front of their office. Mr. Taranto stated that he asks passengers for their identification and reports passengers who don’t have one. He encouraged taxi drivers to ask for identification to discourage fraud.

RESOLUTION 08-011

On motion to approve:

ADOPTED: AYES – Beach, Black, McCray and Nolan

14. Authorizing the Executive Director/CEO to execute the Eighth Modification to Contract No. MR-1138, Automatic Vehicle Location System to extend the Agreement to October 5, 2008 and to increase the Contract Amount by $1,048,792 to $11,452,612 to improve the Automatic Vehicle Location System. (Explanatory documents include a staff report, resolution and contract modification.) (Carter Rohan)

No public comment.

RESOLUTION 08-012

On motion to approve:

ADOPTED: AYES – Beach, Black, McCray and Nolan

15. Authorizing the Executive Director/CEO to approve the Golden Gateway Garage Fiscal Year 2007-2008 budget and marketing plan. (Explanatory documents include a staff report, resolution, budget and marketing plan.) (Sonali Bose)

No public comment.

RESOLUTION 08-013

On motion to approve:

ADOPTED: AYES – Beach, Black, McCray and Nolan

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 McCray called the closed session to order at 4:10 p.m.

2. Roll Call

Present:

  • Cameron Beach
  • Shirley Breyer Black
  • James McCray, Jr.
  • Tom Nolan

Also present:

  • Nathaniel Ford, Executive Director/CEO
  • Roberta Boomer, Board Secretary
  • Julia Friedlander, Deputy City Attorney
  • Debra A. Johnson, Chief of Staff/Director, External Affairs
  • Ken McDonald, Chief Operating Officer
  • Sonali Bose, Chief Financial Officer

3. Pursuant to Government Code Section 54956.9 and the Administrative Code Section 67.8 (a) (3), the Municipal Transportation Agency Board 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. Travelers Casualty vs. CCSF, U.S. District Court #C061021 filed on 2/14/06 for mutual dismissal of claims between the City and Neoplan.

Item A was removed from the agenda at the request of staff.

B. Joseph Ho vs. CCSF, Superior Ct. #452016 filed on 5/8/06 for $100,000

RESOLUTION 08-014

On motion to approve:

ADOPTED: AYES – Beach, Black, McCray and Nolan

C. Masko Suzuki vs. CCSF, City Attorney File #70906 for $425,000

RESOLUTION 08-015

On motion to approve:

ADOPTED: AYES – Beach, Black, McCray and Nolan

D. Steven Walker vs. CCSF, Superior Ct. #448722 filed on 8/20/04 for $550,000

RESOLUTION 08-016

On motion to approve:

ADOPTED: AYES – Beach, Black, McCray and Nolan

ADJOURN CLOSED SESSION AND RECONVENE OPEN SESSION - The closed session was adjourned at 4:19 p.m.

17. Announcement of Closed Session.

Chairman McCray announced that the Board met in closed session to discuss the Ho, Suzuki and Walker cases with the City Attorney. The Board voted unanimously to settle the cases.

18. 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 4:20 p.m.

A tape of the meeting is on file in the office of the Secretary to the 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; 30 Van Ness Ave., Suite 3900, SF, CA 94102-6027 or the web site: sfgov.org/ethics.

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