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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:
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 1, 2010 Regular Meeting: unanimously approved (Heinicke-absent). 5. Communications None. 6. Introduction of New or Unfinished Business by Board Members Chairman Nolan requested information regarding enforcement of transfers. Director Beach added that he would like to hear a report regarding the plan to inform the public about the use of transfers and “Proof of Payment” on the rubber tire fleet. Vice Chairman Lee requested information regarding how the SFMTA maintains its’ parts inventory. 7. Executive Director’s Report (For discussion only)
Exec. Director/CEO Ford discussed the status of the FY11/FY12 budget. Director Heinicke arrived. Exec. Director/CEO Ford “sunshined” labor agreements with IAM 1414, MEA, SEIU and TWU Local 250-A for transit operators. He also noted that item 10.8 and 10.9 on the Consent Calendar needed to be severed. PUBLIC COMMENT: Rafael Cabrera expressed shock that neither the SFMTA nor the Mayor had contacted him regarding a revote. The members rejected the tentative agreement so things will stay the way they are. 8. Citizens’ Advisory Council Report No report. 9. Public Comment Matt Gonzales stated that his firm is representing Fred Bekele who won the garage contract through a transparent bid process. There was heavy influencing and lobbying which is suggestive of old fashioned “influence pedaling.” This matter could be addressed in the courts but that method is unsatisfying when results could be gotten sooner. The Board should reconsider this item. Citizens don’t want a fair and transparent bid process to be set aside. Hansu Kim stated that the SFMTA is going through with a new bid process with bids expected within a week. The new Request for Proposals will almost double the SFMTA’s costs and interim management costs. Progress made with the Human Rights Commission to allow local, small businesses to participate is gone. This will cost upwards of $1m to do over. There was a transparent bid process with plenty of bidders that Mr. Bekele won. Current contractors have influence. Fred Bekele stated that his bid was rejected. The Board never voted on the rejection of the RFP although staff recommended it. He has been harmed by the SFMTA and the city. He urged the Board to do what is right otherwise he will have to protect his rights and pursue a lawsuit. Herbert Weiner stated that operators faced an onslaught but they hung tough for which they should be proud. He questioned why Board meetings are held at 12 rather than 2 pm and called it a violation of the democratic process. Mitchell stated that light rail vehicles don’t have bike racks so he can’t get around the city. He requested that bike racks be installed on trains. 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 10-082 (10.2) Approving the following traffic modifications:
RESOLUTION 10-083 (10.3) Authorizing the Executive Director/CEO to execute Contract No. 1238, California Street Cable Car Infrastructure Improvement, with NTK Construction for an amount not to exceed $8,324,586. (Explanatory documents include a staff report, resolution and financial plan.) (Carter Rohan) RESOLUTION 10-084 (10.4) Authorizing the Executive Director/CEO to execute a sole-source professional services agreement, Contract No. CS-162, Professional Support Services for the Job Order Contracting Program, with The Gordian Group for an amount not to exceed $975,000 and a term not to exceed five years. (Explanatory documents include a staff report, resolution and agreement.) (Carter Rohan) RESOLUTION 10-085 (10.5) Authorizing the Executive Director/CEO to execute the First Amendment to the Memorandum of Understanding between the SFMTA and the Port of San Francisco for installation, coin collection and counting and maintenance of up to 111 multi-space meters, to extend the term of the MOU from July 1, 2010 to June 30, 2012. (Explanatory documents include a staff report, resolution and amendment.) (Sonali Bose) RESOLUTION 10-086 (10.6) Authorizing the Executive Director/CEO to execute the First Amendment to the Memorandum of Understanding between the SFMTA and the Port of San Francisco for use of Pier 70 as the long-term storage facility for illegally towed and abandoned vehicles for five years, to July 31, 2015. (Explanatory documents include a staff report, resolution and MOU.) (Sonali Bose) RESOLUTION 10-087 (10.7) Approving the stipulated arbitration award amending the Collective Bargaining Agreement between the SFMTA and the International Brotherhood of Electrical Workers, Local 6, and extending its term to June 30, 2012. (Explanatory documents include a staff report, resolution and cost analysis.) (Debra Johnson) RESOLUTION 10-088 (10.8) Approving the Collective Bargaining Agreement between the SFMTA and TWU, Local 200 to implement negotiated concessions and extend its term of agreement to June 30, 2012. (Explanatory documents include a staff report, resolution and cost analysis.) (Debra Johnson) Item 10.8 was severed from the Consent Calendar at the request of staff. An amendment to the resolution was offered by staff as follows: WHEREAS, The members of TWU, Local 200 have so far not considered the proposed agreement; however, the members are expected to consider the proposed agreement before June 30, 2010 RESOLVED, That the SFMTA Board of Directors hereby approves the proposed Collective Bargaining Agreement between the SFMTA and TWU, Local 200, to implement negotiated concessions and extend its term to June 30, 2012, which shall become effective only upon approval of the proposed agreement by the members of TWU, Local 200 before June 30, 2010. No public comment. On motion to approve the amendment: ADOPTED: AYES – Beach, Heinicke, Lee, Nolan and Oka On motion to approve Item 10.8 as amended: ADOPTED: AYES – Beach, Heinicke, Lee, Nolan and Oka RESOLUTION 10-089 (10.9) Approving the Collective Bargaining Agreement between the SFMTA and TWU Local 250A – 9132 - Transit Fare Inspectors to implement negotiated concessions and extend its term to June 30, 2012. (Explanatory documents include a staff report, resolution and cost analysis.) (Debra Johnson) Item 10.9 was severed from the Consent Calendar at the request of staff. Item 10.9 was tabled by Chairman Nolan. (10.10) Approving the Collective Bargaining Agreement between the SFMTA and TWU, Local 250A – 7410, Automotive Service Workers to implement negotiated concessions and extend its term to June 30, 2012. (Explanatory documents include a staff report, resolution and cost analysis.) (Debra Johnson) RESOLUTION 10-090 No public comment. On motion to approve the Consent Calendar (Item 10.8 and 10.9 severed): ADOPTED: AYES – Beach, Heinicke, Lee, Nolan and Oka REGULAR CALENDAR 11. Presentation and Discussion of the Limited Scope Performance Audit of the San Francisco Municipal Transportation Agency. (Explanatory documents include the audit and response.) (Brenda Walker) Severin Campbell, Budget Analyst Office and Brenda Walker, Office of the Executive Director presented the report. No public comment. 12. Presentation and Discussion regarding the Follow-up Review for the Audit of Cable Car Fare Collection Practices. (Explanatory documents include the audit and memo.) (John Haley) Tonia Lediju, director of Audits, Controller’s Office, and John Haley, chief operating officer, Transit Operations presented the staff report. PUBLIC COMMENT: Bob Planthold expressed concern that are only two booths are staffed. Staff should look at staffing the fare booths for longer. The SFMTA is missing a fair amount of revenue by not staffing the booths to include the rush hour and later into the evening. Rafael Cabrera, TWU Local 250A, stated that cable cars are open compartments and are not like a bus. Gripmen and conductors have to make sure that people don’t fall off. Safety must be the main concern. Nobody takes time to appreciate the job that 250A members do. The report portrays something that 250A members are not. 13. Presentation and Discussion regarding a Case Study on Data-Driven Policing in the Ingleside District to address crime and disorder on the San Francisco Municipal Railway. (Explanatory documents include a staff report.) (John Haley) Peg Stevenson and Corinna Monzon of the Controller’s Office presented the staff report. Vice Chairman Lee requested information regarding how a passenger can protect themselves if they are being victimized on a bus. No public comment. 14. Adopting CEQA Findings to support the Candlestick Point Hunters Point Shipyard Redevelopment Project including the Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program; consenting to the Interagency Cooperation Agreement between the City and the Redevelopment Agency and authorizing the Mayor, the City Administrator and the Director of Public Works to approve any amendments to the Interagency Cooperation Agreement that they determine are in the best interests of the City. (Explanatory documents include a staff report, resolution and attachments.) (Bond Yee) Michael Cohen, Director, MOED and Peter Albert, manager, Urban Planning Initiatives, presented the staff report. PUBLIC COMMENT: Mitchell expressed support for the project. Public transportation will bring more people to the Bayview Hunters Point neighborhood. This will create jobs and foster a sense of community. Eric Brooks urged the Board to continue the item to the call of the Chairman. The environmental documents received scores of comments from people opposed to the EIR. Three out of seven planning commissioners were opposed to the EIR. The comments weren’t responsive to the people or organizations who expressed concern. This land is a Superfund site. This EIR will be appealed to the Board of Supervisors therefore the Board should continue the item until the BOS weighs in. There was no significant discussion regarding earthquake liquefaction and sea level rise. Stormy Henry, Alice Griffith Resident, ask the Board to move the project forward. The site has been cleaned up by the Navy and we should proceed. The City is well beautified in one part of the city and it’s time to do the same for the Southeast sector. This project will clean out the infestation of drugs and poverty. Latasha Beasley stated that she approves this project because the community needs education, jobs and housing. This will also bring jobs to the area. Kim White stated that she stands for the project. The community needs better housing. Kids in other communities get a nice park to play in. Her daughter deserves the same. Bradley Bradley expressed support for the project. We must maintain our public transportation system so people can get in and out of the shipyard area. This will create jobs and will bring tourist activity to the community. Jenita Towns stated that this project will help her to have a home and a job. Nicolette Webster expressed support for the project. Ricardo Contreras expressed support for the project. This will bring jobs and business to the community. Ann Huey expressed concern about the length of time it has taken to make a decision about this project. This will bring more jobs, business and housing to the neighborhood and will improve recreation. This will be better for the city. Connie Ford, Vice President, San Francisco Labor Council expressed the Council’s support for the project. This will connect the community with the rest of the world. Tempe Rome expressed support for the project. The community needs buses to help them get to jobs throughout the city. RESOLUTION 10-091 On motion to approve: ADOPTED: AYES – Beach, Heinicke, Lee, Nolan and Oka 15. Authorizing the Executive Director/CEO to implement the Fare Media Transition Plan, which gradually transitions various forms of Muni paper fare media to the regional ClipperSM system and request that the Metropolitan Transportation Commission amend Resolution 3866 to remove any provisions related to SFMTA intra-agency bus-to-bus or bus-to-rail transfers. (Explanatory documents include a staff report, resolution and MTC resolution.) (Sonali Bose) PUBLIC COMMENT: Bob Planthold stated that there is no agreement regarding how to deal with the low income pass. People who apply need to be regularly qualified. The media gives the impression that everything will go but that’s not the case with the low income pass. The SFMTA needs to clarify that the low income pass will remain. RESOLUTION 10-092 On motion to approve: ADOPTED: AYES – Beach, Heinicke, Lee, Nolan and Oka 16. Adopting an updated Substance Abuse Policy and Procedures to comply with the most recent amendments to the federal regulations including observed collections, additional prohibited drugs in the testing panel and lower threshold levels for determining a positive test as to certain prohibited drugs. (Explanatory documents include a staff report, resolution and policy.) (Debra Johnson) No public comment. RESOLUTION 10-093 On motion to approve: ADOPTED: AYES – Beach, Heinicke, Lee, Nolan and Oka 17. Adopting the Capital Program for FY11 and FY12 in the amounts of $433 million and $405 million respectively. (Explanatory documents include a staff report, resolution and financial plan.) (Bond Yee) No public comment. RESOLUTION 10-094 On motion to approve: ADOPTED: AYES – Beach, Heinicke, Lee, Nolan and Oka 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 2:35 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:
On motion to approve the Torrente case: ADOPTED: AYES – Beach, Lee and Nolan NAYES - Heinicke and Oka The motion failed adoption. 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 Mr. Ford was absent for the discussion of anticipated litigation and Director Heinicke excused himself because of a conflict of interest. 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 To discuss: _X_ Wages _X__ Hours _X__ Benefits _X__ Working Conditions _X__ Other Also present: Gina Roccanova, deputy city attorney ADJOURN CLOSED SESSION AND RECONVENE OPEN SESSION - The closed session was adjourned at 3:43 p.m. 19. Announcement of Closed Session. Chairman Nolan announced that the SFMTA Board of Directors met in closed session to discuss the Pallas and Torrente cases with the City Attorney. A motion to approve the Torrente case failed adoption with Directors Heinicke and Oka voting against the settlement. The Board took no action with regard to the Pallas case. The Board discussed anticipated litigation with the City Attorney but took no action. The Board also held a conference with the labor negotiator 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 3:47 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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