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ORDER OF BUSINESS 1. Call to Order Chairman Nolan called the meeting to order at 12:00 p.m. 2. Roll Call Present:
Absent: Malcolm Heinicke – with notification 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 On motion to approve the minutes of the June 15, 2010 Regular Meeting: unanimously approved (Heinicke-absent). 5. Communications None. 6. Introduction of New or Unfinished Business by Board Members None. 7. Executive Director’s Report (For discussion only)
Exec. Director/CEO Ford presented special recognition awards to Vernon Ting, automotive mechanic, Quality Assurance Division, Transit Services; Frank Markowitz, senior transportation planner, Sustainable Streets; Li Zhang, principal administrative analyst and Eloida Leonardo, finance manager, Finance and Information Technology. Exec. Director/CEO Ford introduced Paul Rose, manager, Media Relations and Reginald Mason, director, Safety and Training. ED/CEO Ford discussed the status of the speed in the Twin Peaks Tunnel; Caltrain funding; and the recent FTA Triennial Review and Audit. Debra Johnson, director, Administration, Taxis and Accessible Services provided an update regarding the Proof of Payment Customer Information Program. Deputy Chief John Murphy reviewed the status of system safety. Director Beach requested a copy of the safety report. PUBLIC COMMENT: Genalynn Luna said there are problems with safety because buses are overcrowded especially on the 14, the 14 Limited and the 49 Van Ness. People are sneaking onto the back and people in wheelchairs can’t get on. Mark Gruberg discussed enforcement against illegal taxicabs and limousines. There is some controversy over the use of police and the efficiency of their actions but it makes sense to have in-house dedicated enforcement staff that can deal with routine enforcement. Hansu Kim discussed taxi and limousine enforcement. Taxis were fully self-funded under the former taxi commission. After the merger, it’s not as clear as to where taxi funds go and what amount goes to regulation and enforcement. Taxicabs and limos are important in a premier tourist city such as San Francisco. Mr. Kim expressed interest in knowing where the money goes and how it is used. Mr. Wright stated that there are four Muni employees who have been doing business agent work for the union. This is a violation of state and federal law. Transfers are only good for two hours. Frank Lara stated that the numbers in the safety presentation were shocking. The numbers are coming down are due to police presence but the police are terrorizing communities. The Board of Supervisors says the MTA Board is a rubber stamp. Chairman Nolan stated that after the CAC Chairman’s report, he would ask the Board Secretary to call Item 11 after which the Board would return to the regular agenda. He noted that Item 13 had been removed from the agenda at the request of staff. 8. Citizens’ Advisory Council Report Daniel Murphy, chairman, Citizen’s Advisory Council, presented the report. 9. Public Comment Herbert Weiner suggested that the SFMTA spin off the Dept. of Parking and Traffic and restore it as a separate entity. The problems with parking are immense. DPT is a source of revenue for Muni but Muni should be self sufficient and self financing. This would be in the best interests of the public. He stated that Mr. Ford has affirmed that management has taken a pay cut but Mr. Weiner would like to see the exact dollar amount. Bob Planthold asked that shop and barn staff be rehired. There are too many vehicles that are missing the blue and white signs and pull cords at the front. Some operators aren’t pulling to the curb. This needs to be addressed in training. The special fare gates being installed in the Metro stations aren’t accessible. Frank Lara stated that he has heard that the raids may start again. People have been informed about immigrant rights and the saturation raids. The next event will be at Third and Palou. The public is tired of seeing people picked by the Mayor. Carl Macmurdo stated that the SFMTA has done a wonderful job of creating consensus. Many people are left hanging by the medallion sale delays. There are safety and liability issues that will continue until the Board acts. This will generate big revenue for the city. Dan Hinds stated that people have been working for over a year to make the taxi medallion program happen and he doesn’t understand why the item was pulled. There are critical industry issues with disabled and elderly medallion holders and the city is in need of revenue. Mark Gruberg stated that there are myriad issues regarding the well being of drivers, the corruption of cab companies and other service issues that are being completely ignored while the medallion sales program is mired down. The industry is learning about things at the last minute. Certain people in the industry are informed but it’s a mystery to the rest. Toshia Holloway stated that the 53 and 48 buses were taken away from her community and they really need those buses back. They don’t have $2 to ride the bus. Charles Ross stated that seniors over 55 may be charged a full fare. Sometimes they have to wait 45 minutes to an hour for a bus especially before 7 am and after 7 pm. Two or three buses that come together are of no benefit. Passengers need a break. Alvin Sered stated that there is some consideration that the circular structure at La Playa may be terminated. He asked the SFMTA to look at the big picture. It will be less stressful on the driver if the circular aspect continues, especially if the center is planted. When new vehicles are acquired new parts must also be acquired. Hansu Kim urged the Board to get moving on the sale of taxi medallions, especially for older and disabled drivers. He also expressed concern about losing good lenders. He urged the Board to get the Taxi Advisory Council together as soon as possible and to continue the town hall meetings. Jane Bolig stated that assuming the taxi medallion program gets going it will have until December to prove itself. If it doesn’t get underway by August, there will be nothing to analyze in December. 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 10-095 (10.2) Approving the following traffic modifications:
RESOLUTION 10-096 (10.3) Authorizing the Executive Director/CEO to execute an Agreement for Payment of Funds with 949 Market Street Associates to accept a donation in the amount of $200,000 to fund the planning and construction of various transit, pedestrian and bicycle safety improvements on Market Street between 5th and 6th Streets and on 5th Street between Market and Mission Streets. (Explanatory documents include a staff report, resolution and agreement.) (Bond Yee) RESOLUTION 10-097 (10.4) Authorizing the Executive Director/CEO to execute a Memorandum of Understanding with MTC, the AC Transit, the Golden Gate Bridge Highway and Transportation District, BART, the City and County of San Francisco, acting by and through its Municipal Transportation Agency, SamTrans, VTA, and Caltrain for the future operation and maintenance of the ClipperSM Program. (Explanatory documents include a staff report, resolution and attachment.) (Sonali Bose) RESOLUTION 10-098 (10.5) Approving the amendment of the Collective Bargaining Agreement between the SFMTA and MEA, to extend its term to June 30, 2012 and implement the negotiated concessions. (Explanatory documents include a staff report, resolution and fiscal analysis.) (Debra Johnson) RESOLUTION 10-099 (10.6) Approving the amendment of the Collective Bargaining Agreement between the SFMTA and IAM Local 1414, to implement negotiated concessions and extend its term to June 30, 2012. (Explanatory documents include a staff report, resolution and fiscal analysis.) (Debra Johnson) RESOLUTION 10-100 (10.7) Approving the amendment of the Collective Bargaining Agreement between the SFMTA and SEIU, Local 1021 to extend its term to June 30, 2012 and implement the negotiated concessions. (Explanatory documents include a staff report, resolution and fiscal analysis.) (Debra Johnson) RESOLUTION 10-101 On motion to approve the Consent Calendar: ADOPTED: AYES – Beach, Lee, Nolan and Oka ABSENT - Heinicke REGULAR CALENDAR 11. Public hearing and action to consider and authorize system-wide transit schedule improvements to restore Municipal Railway service to some bus routes and rail lines affected by the May 8, 2010 service changes. (Explanatory documents include a calendar item, resolution and service restoration details.) (John Haley) John Haley, director, Transit Services, presented the staff report. PUBLIC COMMENT: Jack Saroyan spoke about the change to the terminus of the 30-Stockton line. It had always been at the corner of Broderick and Beach but since May, the terminus is at Chestnut and Divisadero. A terminus is a place to load and unload passengers and for an operator can take a break. There is no restroom at the new location for operators. Fran Taylor stated that the public is not going to say no to restoring 50% of the service but they’re not idiots. These aren’t improvements. Ms. Taylor went to several town hall meetings where people said not to cut service but the SFMTA did anyway. The public doesn’t trust the SFMTA. Herbert Weiner stated that getting the cuts back now is better than getting it back later but the SFMTA has to address the amputations and decapitations that occurred as part of the TEP. The SFMTA should restore the 26-Valencia and the 2-Clement. This is fraudulent public relations but the public isn’t fooled. Frank Lara stated that people don’t accept what they are being told and they didn’t want service cuts or fare increases. People have had enough. They all need the lines. The saturation raids didn’t stop because there was sympathy for the people who were being terrorized but because of public pressure. Gloria Zelman stated that sometimes she has to wait for up to 30 minutes or she has to take a cab. She waits at Sutter and Stockton at night. It’s too much and it’s not right. The public deserves better service. Eric Scott stated that prior to the service reductions he was comfortable attending events in the East Bay but now that service ends at 11 pm and there is less frequent owl service, he has a curfew. If everything can’t be approved, at least approve the recommendation for the F-line and the owl service. Alvin Sered stated that he was ordered off of a bus because the relief driver didn’t show up. He wondered why the driver didn’t let passengers know in advance so they could strategize about how to get where they’re going. Technology could be used to assist passengers. The 31-Balboa line is crowded at Turk and Masonic. Bob Planthold stated that people want as much service restored as possible. He takes issue with the statement that there won’t be any further service changes until July 2012. There is a federal bill that would allow capital funds to be used for operational purposes. The silence of transit agencies supporting this is terrible. There is also a state ballot issue that would prevent raids on transit funds. Marlene Tran stated that she had previously asked that the SFMTA not to change the number of the bus line and to keep the bus stops on Rutland. She requests that the SFMTA restore the other lines but also to restore those four transit hubs. She stated that she is glad to see the restoration of the 9X line. The language access issue needs to be addressed She tried to buy a Clipper card but the signs were only in English. Chairman Nolan requested information regarding Senate Bill 3412. On motion to approve: ADOPTED: AYES – Lee, Nolan and Oka NAYES – Beach ABSENT - Heinicke The motion failed adoption. Director Beach stated that he would support the item if the resolution was amended to include language that makes the service restoration contingent upon adoption of the FY11/12 budget by the Board of Supervisors and the receipt of money from the Transportation Authority and the Metropolitan Transportation Commission. On motion to rescind the previous vote: ADOPTED: AYES – Beach, Lee, Nolan and Oka ABSENT - Heinicke On motion to amend the resolution to accept the staff recommendation contingent on the Board of Supervisors’ approval of the SFMTA’s FY11/12 budget, approval of the $7 million request by the Transportation Authority and receipt of the $7 million from the Metropolitan Transportation Commission: ADOPTED: AYES – Beach, Lee, Nolan and Oka ABSENT - Heinicke RESOLUTION 10-102 On motion to approve the resolution as amended: ADOPTED: AYES – Beach, Lee, Nolan and Oka ABSENT - Heinicke 12. Approving and adopting amendments to Article 1100 of Division II of the Transportation Code, regulating Motor Vehicles for Hire, to require taxi drivers to accept credit cards, require taxi companies to cash credit card payments at no cost to drivers; provide a pro-rated Medallion Sale Transfer Fee schedule; and authorizing the SFMTA to waive Transportation Code Division II, Section 1106(p)(6), prohibiting color schemes from passing on credit card merchant account processing fees to taxi drivers under certain conditions. (Explanatory documents include a staff report, resolution and amendments.) (Debra Johnson) Christiane Hayashi, deputy director, Taxi Services presented the staff report. PUBLIC COMMENT: Mark Gruberg stated this allows a charge to be passed onto the driver. This has been prohibited since the Mayor was a supervisor. There is nothing in the code that allows for the resolution to pass these charges along. Mr. Gruberg asked who would bear the brunt of the fee waiver. This tiny bone that is being given to the drivers is being taken away. Carl Macmurdo stated that credit card fees escalated greatly for companies. The question is whether these fees are passed along to drivers or to the public. This makes sure that passengers pay the fee. Dan Hinds stated that credit cards affect his company. Drivers used to deal with “knuckle-busters”. The industry came together to fund a debit card project and give all drivers and customers credit-card capability. The popularity of these devices has created significant costs. Companies are looking for an opportunity to recoup costs. Jane Bolig stated that for years, credit card costs have not been that great but with more companies installing credit card machines, the costs have gone higher than anyone could have anticipated. Credit cards are a benefit to drivers and customers and people are willing to pay a fee for the convenience. Hansu Kim stated that the SFMTA has been moving toward a medallion plan that has foundered for years. The SFMTA has been successful with the paratransit debit card program. Installing a credit card reader in every vehicle is beneficial for customers. Transaction costs are enormous. The question is what the best way is to recover these fees. This pilot program is a way to evaluate the many options. RESOLUTION 10-103 On motion to approve: ADOPTED: AYES – Beach, Lee, Nolan and Oka ABSENT - Heinicke 13. Adopting amendments to Section 1109(e) of Division II of the San Francisco Transportation Code acknowledging the SFMTA's right to decide that some or all Medallions purchased under the Pilot Program are no longer transferable; provide for SFMTA purchase of such Medallions; and provide for repayment of any outstanding loan. (Explanatory documents include a staff report, resolution and amendment.) (Debra Johnson) Item 13 was removed from the agenda at the request of staff. 14. Presentation and Discussion regarding the Controller’s audit of the City of San Francisco Japan Center Garage Corporation. (Explanatory documents include the audit.) (Bond Yee) Tonia Lediju, director of Audits, Controller’s Office, presented the staff report. No public comment. 15. Presentation and discussion of the plans for a new Transbay Terminal. (Explanatory documents include a slide presentation.) (Bond Yee) Bob Beck and Randy Volenec, Transbay Joint Powers Authority, presented the staff report. No public comment. 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 (Heinicke-absent). RECESS REGULAR MEETING AND CONVENE CLOSED SESSION CLOSED SESSION 1. Call to Order Chairman Nolan called the closed session to order at 3:12 p.m. 2. Roll Call Present:
Absent: Malcolm Heinicke – with notification 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:
RESOLUTION 10-104 On motion to approve: ADOPTED: AYES – Beach, Lee, Nolan and Oka ABSENT - Heinicke 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 ED/CEO Ford, Chief Operating Officer Haley and Chief Safety Officer Mason were not present. 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 4:28 p.m. 17. Announcement of Closed Session. Chairman Nolan announced that the SFMTA Board of Directors met in closed session to discuss Rmus vs. CCSF with the City Attorney. The Board of Directors voted unanimously to settle the case (Heinicke-absent). The Board also discussed anticipated litigation and held a conference with their labor negotiator but took no action. 18. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved (Heinicke-absent). ADJOURN - The meeting was adjourned at 4:30 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 |
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