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ORDER OF BUSINESS

1.  Call to Order

Chairman Nolan called the meeting to order at 2:00 p.m.

2.  Roll Call

Present:  

  • Cameron Beach
  • Shirley Breyer Black
  • Malcolm Heinicke
  • Jerry Lee
  • James McCray, Jr.
  • Tom Nolan
  • Bruce Oka

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 2, 2009 Regular Meeting: unanimously approved.

5.  Communications

Board Secretary Boomer stated that Item 10.10 regarding issuing a request for proposals for the paratransit broker contract had been removed from the agenda at the request of staff.

6.  Introduction of New or Unfinished Business by Board Members

None.

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

  • Ongoing Activities

Chairman Nolan welcomed Bond Yee who was acting as executive director/CEO on behalf of Mr. Ford.

Debra Johnson, chief of Staff, director of Administration presented the “Healthier Planet, Healthier You” campaign, the Cable Car Bell Ringing competition and solar transit shelters.

Sonali Bose, chief financial officer and Matt Hanson, manager, Risk Assessment updated the Board on catastrophic loss insurance coverage. 

Chairman Nolan asked staff to prepare a calendar item for catastrophic loss insurance coverage for consideration at the July 14 meeting.

8. Citizens’ Advisory Council Report

Daniel Murphy, chairman, Citizens’ Advisory Council, presented the report. 

9.  Public Comment

Herbert Weiner stated that he is a victim of the July 1 changes.  He stated that he had previously suggested that with the discontinuation of the 2-Clement, that the 38-Geary and 1-California be connected at the terminal so people don’t have to walk the distance.

Peter Witt stated that extending meters to 10 p.m. will leave people who are tired and stressed without a place to park.  Extending meter hours will only produce revenue through tickets rather than be more convenient.  People will be paying a lot of money for disabled placards or parking on the sidewalk.   If taxi drivers are ticketed then Muni drivers and PCO’s should be ticketed when they block traffic or talk on their cell phones. 

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:

  1. Joymarie Elamparo vs. CCSF, Unlitigated Claim #902914 filed on 4/28/09 for $12,658.82
  2. Yat Fai Tam vs. CCSF, Unlitigated Claim #902672 filed on 4/3/09 for $17,000

RESOLUTION 09-094

(10.2) Approving the following traffic modifications:

  1. ESTABLISH - Tow-Away No Stopping Anytime - Hyde Street, west side, from Lombard Street to 20 feet northerly; Jackson Street, north and south sides, from Jones Street to 20 feet easterly; Mason Street, west side, from Pacific Avenue to 15 feet northerly; and Mason Street, west side, from Green Street to 20 feet northerly. 
  2. RESCIND - MULTIPLE RIGHT TURN LANES - Sutter St., westbound, at Stockton St. 
  3. INSTALL - SIDEWALK BULB-OUTS - Sutter Street, south side, from Jones Street to 22 feet easterly; Jones Street, east side, from Eddy Street to 20 feet southerly; and Eddy Street, north side, from Jones Street to 23 feet easterly.
  4. ESTABLISH - Tow-Away No Stopping, Thursday 10 PM to Friday 3 AM, Friday 10 PM to Saturday 3 AM, Saturday 10 PM to Sunday 3 AM - Stillman Street, both sides, between 3rd and 4th Streets. 
  5. ESTABLISH - RESIDENTIAL PERMIT PARKING AREA "I" (1-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY) - 2749 Mission Street, between 23rd and 24th Streets.
  6. ESTABLISH - RESIDENTIAL PERMIT PARKING AREA "V" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - Ocean Avenue, north side, between Granada and Plymouth Avenues.
  7. EXTEND - red zone - Broadway Service Road, north side, from 145 feet east of Mason Street to 25 feet westerly.  (Explanatory documents include a staff report and resolution.) (Bond Yee)

RESOLUTION 09-095

(10.3) Authorizing execution of a grant and cooperative agreement with the Metropolitan Transportation Commission to procure, through existing TransLink® contracts, new SFMTA TransLink®-only fare collection equipment and related support services, for an amount not to exceed $29,150,000, to help complete the rollout of the regional TransLink® smartcard system. (Explanatory documents include a staff report, resolution, financial plan and agreement.) (Sonali Bose)

RESOLUTION 09-096

(10.4) Authorizing the Executive Director/CEO to execute an Memorandum of Understanding with the Real Estate Department regarding the obligations of each of the two agencies with respect to office buildings in which the SFMTA is a tenant, and to provide for certain other work order arrangements for a total amount of $6,381,486 for fiscal year 2009-2010. (Explanatory documents include a staff report, resolution, MOU and financial plan.) (Sonali Bose)

RESOLUTION 09-097

(10.5) Authorizing the Executive Director/CEO to execute a Memorandum of Understanding between with ReproMail regarding the obligations of each of the two agencies with respect to inter-office and United States Postal Services mails pickups, deliveries and inter-departmental work order arrangements. (Explanatory documents include a staff report, resolution, MOU and financial plan.) (Sonali Bose)

RESOLUTION 09-098

(10.6) Authorizing the Executive Director/CEO to execute Contract No. 583-03, Complete Rehabilitation of 16 historic streetcars, with Brookville Equipment Corporation, for an amount not to exceed $18,712,576, and a term not to exceed five years. (Explanatory documents include a staff report, resolution and financial plan.) (Ken McDonald)

A member of the public requested that the item be severed from the agenda.

PUBLIC COMMENT:

Peter Ehrlich expressed support for the project and contract.   These cars were needed ten years ago.  The double-ended cars are needed for the E-line.

Peter Witt stated that he picked up passenger who complained that F-Line cars are full.

RESOLUTION 09-099

On motion to approve item 10.6:

ADOPTED:  AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka

(10.7) Authorizing the Executive Director/CEO to execute Contract No. 1232, Metro East Wheel Truing Machine, Blowdown Equipment, Rail Car Mover and Miscellaneous Equipment Project, to Cal State Constructors for a total contract amount not to exceed $4,532,600, and a term not to exceed 540 calendar days.  (Explanatory documents include a staff report, resolution and financial plan.) (Carter Rohan)

RESOLUTION 09-100

(10.8) Authorizing the Department of Public Works to execute Contract Modification No. 6 to Contract No. 0780J(R), SFgo (ITMS) Initial Phase – Portions A & B, with Edward W. Scott Electric, to increase the cost of the contract by $113,731.14, for additional work performed due to unforeseen site conditions and unexpected delays; and to decrease the contract amount by $9,350.69 due to unspent funds, for a total contract amount not to exceed $3,360,108.47. (Explanatory documents include a staff report, resolution and financial plan.) (Bond Yee)

RESOLUTION 09-101

(10.9) Authorizing the Executive Director/CEO to execute a contract for Back Strengthening, Employee Exercise and Education and Wellness Program Services, with BackFirst for an amount not to exceed $1,050,000 and a term not to exceed three years. (Explanatory documents include a staff report, resolution and contract.) (Debra Johnson)

RESOLUTION 09-102

(10.10) Authorizing the Executive Director/CEO to issue a Request for Proposals for Paratransit Broker services, evaluate the proposals, and negotiate a contract for a five-year term, with an option for five additional years. (Explanatory documents include a staff report, resolution and financial plan.) (Christiane Hayashi)

Item 10.10 was removed from the agenda at the request of staff.

On motion to approve the Consent Calendar (Item 10.6 severed and 10.10 removed):

ADOPTED:  AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka

REGULAR CALENDAR

11.  Authorizing the Executive Director/CEO to execute the Memorandum of Understanding the SF Police Department regarding the obligations of each of the two agencies with respect to ensuring the presence of sworn police officers on the SFMTA’s transit vehicles and other property and facilities under SFMTA jurisdiction, the assignment of a senior ranking member of the SFPD to be the Director of the SFMTA’s Security and Enforcement Division, the assignment of sworn officers to the SFPD’s Muni Response Team, administrative matters concerning police services on or related to the public transportation system, interdepartmental work orders to defray the additional costs of enhancing police services for the functions managed by the SFMTA, enforcement of parking regulations and restrictions, and the SFPD’s Taxi Detail and taxi-related law enforcement.   (Explanatory documents include a staff report, resolution and MOU.) (Sonali Bose)

PUBLIC COMMENT:

Irwin Lum, President, TWU-Local 250A stated that security has been a long standing issue with members.   He provided a bulletin describing an increased presence of police officers on vehicles and in Metro stations to the Board Secretary.  The officers are not riding the buses.  There is no accountability.  Drivers need protection especially in areas where there is a lot of violence. 

RESOLUTION 09-103

On motion to approve:

ADOPTED:  AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka

12. Adopting amendments to Transportation Code, Division II, Article 1100 governing Motor Vehicles for Hire, which enacts the former Taxi Commission’s penalty schedule for regulatory violations, makes certain technical corrections to the regulations; requires the name of the Color Scheme or Medallion Holder on the registration of any vehicle owned by a Driver leasing the medallion; and prohibits Color Schemes from passing on credit card processing charges to drivers. (Explanatory documents include a staff report, resolution and amendments.) (Christiane Hayashi)

Christiane Hayashi, director, Taxi and Accessible Services, presented the staff report.  Ms. Hayashi requested that the Transportation Code, Division II, Article 1100 be amended on Page 22 by deleting “For the purpose of compliance with this Subsection 1109 (c), a Waybill from driving a vehicle other than the vehicle affiliated with the Medallion will not be counted unless the SFMTA was notified pursuant to Section 1114 (e) (8) (D) that the Taxi or Ramp Taxi associated with the Medallion was unavailable at that time.”  The industry would like additional discussion on that item.

On motion to amend the resolution to delete the abovementioned reference:

ADOPTED:  AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka

PUBLIC COMMENT: 

Peter Witt expressed concern about the failure to utilize the dispatch system.  He discussed several of the proposals such as ramped taxi equipment requirements, faulty equipment and the luggage overcharge.  He stated that over regulating cabdrivers hasn’t improved service. 

Emile Lawrence stated that he had previously a submitted letter to the City Attorney regarding the manipulation of commission hearings.  Mr. Lawrence provided a copy of the letter to the Board Secretary.  These regulations cut into the income of taxi drivers and they are out of line with what a taxi driver makes.  This was rubber stamped two weeks ago without due process, and without discussion with taxi drivers. 

RESOLUTION 09-104

On motion to approve as amended:

ADOPTED:  AYES – Beach, Black, Heinicke, Lee, McCray, Nolan and Oka

13. 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 3:15 p.m.

2.  Roll Call

Present:  

  • Cameron Beach
  • Shirley Breyer Black
  • Malcolm Heinicke     
  • Jerry Lee
  • James McCray, Jr.
  • Tom Nolan
  • Bruce Oka

Also present:

  • Bond Yee, acting executive director/CEO
  • Roberta Boomer, board secretary
  • Julia Friedlander, deputy city attorney
  • Debra A. Johnson, chief of staff/director, Administration
  • Carter Rohan, senior director, Transportation Planning & Development
  • Sonali Bose, chief financial officer, director of Finance and Information Technology
  • Sam Lau, deputy chief operating officer, Muni Operations
  • James Dougherty, chief safety officer, Safety
  • Amit Ghosh, deputy director, Transportation Planning

3.  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

4.  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    

ADJOURN CLOSED SESSION AND RECONVENE OPEN SESSION - The closed session was adjourned at 3:42 p.m.

14. Announcement of Closed Session.

Chairman Nolan announced that the SFMTA Board of Directors met in closed session to discuss anticipated litigation with the City Attorney.  The Board of Directors also met with their labor negotiator.  No action was taken in closed session.

15. 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 3:43 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
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; 25 Van Ness Ave., Suite 220, SF, CA 94102-6027 or the web site: sfgov.org/ethics.

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