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ORDER OF BUSINESS 1. Call to Order Chairman Nolan called the meeting to order at 1:01 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 7, 2011 Regular Meeting and June 14, 2011 Special Meeting and Closed Session: unanimously approved (Heinicke-absent). 5. Communications None. 6. Introduction of New or Unfinished Business by Board Members Director Ramos requested a presentation regarding the Clipper Card program. 7. Executive Director’s Report (For discussion only)
Ms. Nicole LaBarbera, American Heart Association, recognized the SFMTA as a Gold Level recipient of the American Heart Association’s Start! Fit-Friendly Companies Recognition Program. Director Heinicke arrived. Bond Yee, director, Sustainable Streets discussed the Controller’s audit of the Sustainable Streets Division. Exec. Director Ford discussed the Utility Relocation Contract for the Central Subway portal and the relocation of a business as the result of the Central Subway project; Pride Parade; reconstruction of the California Cable Car project; and the implementation of Nx service. PUBLIC COMMENT: Roland Wong, MAAC, discussed the successful Nx service. He stated that the SFMTA has done a good job in providing service and relieving overcrowding on trains during peak hours. He urged the model be expanded to other LRV lines. Rich Hashimoto, Japan Center Garage Corp., stated that the Japan Center Garage Board of Directors wishes to send their comments and response to the Sustainable Streets audit. They have questions. The audit recommendations affect a large number of non-profit garages and Mr. Hashimoto hopes that their input would be considered before proceeding. . Barry Taranto suggested the need to work closely with external contract services and the Human Rights Commission in addition to the SFMTA’s internal contracting division. He inquired if there were cab stands for the Pride Parade and wondered why the delay to the meter increase wasn’t mentioned. He requested that the Executive Director be more extemporaneous at the June 28 meeting. 8. Citizens’ Advisory Council Report Daniel Murphy, chairman, Citizen’s Advisory Council, presented the report. Director Heinicke asked Chairman Murphy if the CAC could provide recommendations regarding allowing bicycles on light rail vehicles. PUBLIC COMMENT: Peter Witt inquired as to why the CAC wasn’t involved in taxi service. Citizens aren’t involved in taxi service except through the SFMTA Board. The last report from the taxi town hall meetings said that the latest survey was done in 2000 through dispatch. He inquired where the outreach to the citizenry and tourists was. There is a local problem with city residents that has to do with dispatch. He inquired why there is there no relationship between citizens, dispatch and customer service. 9. Public Comment Christopher Fulkerson stated he is in solidarity with today’s taxi strike. There is an unreasonable obsession of SFMTA to add more cabs to the street. Of the recent TAC recommendations, he stated that having open access taxi service would answer Mr. Witt’s remarks. The people would be empowered by having open taxi access. Bill Mounsey stated that something has happened with Mr. Ford. His pension of nearly $400,000 is the cost of two medallions. He questioned why the SFMTA was wasting and saving money at the same time. Mr. Ford shouldn’t get a pension. He is glad that Mr. Ford is retiring. He expressed agreement with the demonstrators. Barry Taranto discussed parking garage contracts. The garage at SF General is operated by a company that is run by Sam Tadesse who also runs a security services company. This is a conflict of interest, immoral and illegal. Item 10.7 doesn’t give Mr. Ford the authority to change RFP’s. Brad Newsham thanked Tariq Mehmood for declaring a strike. Mr. Mehmood has given a genuine voice to the real frustrations felt by cab drivers. He has opened room for a discussion about the idiotic idea to use the cab industry as an revenue stream. John Han hopes that the Board doesn’t accept the May 6 memo regarding the allocation of credit card fees. They should endure the protests and move on. He suggested that the rear seat payment terminals are causing the fees to be superfluously high. Removing the rear seat terminals could reduce fees. A number of drivers will go for that. Herbert Weiner stated that Mr. Ford’s run is over. He read a document that he requested be inserted into the minutes and into Mr. Ford’s termination agreement. (Mr. Weiner provided a written statement that is attached to these minutes.) Murai stated that she hates personal attacks. She expressed opposition to the rear seat terminal and to corporate advertising. Paying five percent in credit card fees is too much. Three percent would be more fair. E-waybills are an issue. Ms. Hayashi has been trying to be fair. Simon Saw stated that he doesn’t want to pay the credit card fee or have e-waybills. Kenji K expressed disappointment that the meter increase is off the table. It was falsely reported that the Board gave lip service to a meter increase. Gas prices are up and they are paying credit cards fees. Drivers are feeling beset upon. Norma Geer expressed support for open taxi access. It is foolish to put out more cabs. We need to be innovative. She expressed her upset over the personal attacks and stated that Ms. Hayashi has done well by the drivers. Mary McGuire wondered who was responsible for the policies and why staff was wasting time at window dressing town hall meetings. There needs to be sensitivity for drivers who come from countries where people have been spied upon. Khaing Myo stated that drivers are striking because they don’t believe that having peak time operators is fair to the full time drivers. A single operator permit driver will have a business advantage over a working driver. The SFMTA shouldn’t create a regulation that favors a small group of people. Frank Fahy stated that voters created a Taxi Commission ten years ago that didn’t work. Prop A didn’t eliminate Prop K. The way taxis were operated under the police department was more fair, less expensive and understandable. Selling medallions is immoral, illegal and unethical. People on the list don’t get their medallion because the city wants to sell it. Peter Witt played a tape recording. The voice on the recording stated that there can’t be a world class city without drivers. There has been a 49% increase in competition in three years. Nobody was studying the effect of that. It questioned how a “PC&N” hearing can be seriously concerned with the system. Joe Mirabil thanked the SFMTA for uniting the cab industry. The imposition of rear seat terminals has awakened the industry. The SFMTA should not be ruining the industry. Cab drivers will keep returning until this is handled. Maria Villafuerte stated that the SFMTA harasses employees and it is illegal to implement fees on cab drivers. She asked the Board to take their complaint seriously. David Khan expressed appreciation to Ms. Hayashi. The SFMTA should get open taxi access “happening”. If you want to add more cabs, you should drive a cab. Don’t screw our industry. Saam Aryan stated that there was supposed to be $50 million extracted from the cab industry and funneled to the SFMTA but Ms. Hayashi got that number reduced to $10 million. This has saved the industry $40 million. Ms. Hayashi has accomplished so much in a short period of time but some issues have been overlooked. Dorian Maxwell stated that it is an embarrassment to carry 700,000 people per day on bad tires. People sustain injuries because of negligent behavior and not making sure there is adequate equipment. Chris Coghlan stated that the SFMTA is turning cab companies and bus drivers into machines and people without faces. This is dehumanizing and degrading to people who are just trying to do a job. The ETI buses out of Potrero are dangerous at any speed. He met with the safety director but nothing has happened. There needs to be a full investigation. Power failures are a known problem. Min Min Phyo, Association of Burmese Cab Drivers, expressed opposition to credit card fees. He added that there are a lot of topics that cab drivers want to talk about that aren’t being discussed. Tone Lee stated that if the Board cares about the public, it will vote yes on peak time single operator permit. People take illegal limousines because they can’t get a cab. While taxi drivers can’t afford more regular medallions, he expressed support for peak time medallions for rush hours only. Rua Graffis expressed opposition to the credit card fee. Drivers don’t have health care or retirement benefits and now the Board has allowed cab companies to charge up to five percent. Store merchants only charge two and a half percent. The SFMTA is allowing cab companies to make money off of drivers. It’s a big safety issue when cab drivers don’t want to take a credit card. Ed Healy acknowledged Ms. Hayashi for what has been accomplished under great duress and personal attacks. The industry has gotten a fair deal on a lot of issues. They should have a meter increase. Marc Gruberg, UTW, stated that the immediate issues are credit card fees and e-waybills but he wants to address conflict of interest of SFMTA overseeing the industry. It is not legitimate to seek money for the industry. It won’t be your cash cow. Emile Lawrence stated that he has opposed just about every motion made in the last few years. He was opposed to Mr. Ford’s appointment. He stated that he will call for an audit and criminal investigation into the SFMTA and former Mayor Newsom. He has watched the Board degrade the taxi industry. Tariq Mehmood stated that the drivers are out of pocket five percent for every credit card payment. The back seat machines benefit a friend of the SFMTA. Drivers say no to e-waybills and they want limos out. Drivers have been losing money for the last eight years. Ms. Hayashi and Ms. Bose should resign. Barry Korengold stated that tabling the taxi items was a mistake. Refusing to look at open taxi access is also a mistake. It should be explored. Not everything should be tied to making money for the SFMTA. Ms. Hayashi has done a good job with the town hall meetings and giving a voice to cab drivers. David Basada submitted police reports about a battery that occurred on May 16 and another regarding identity theft. This wouldn’t have happened if credit cards had been implemented. Installing machines in the back seat isn’t healthy. Chairman Nolan asked staff to consider options to the credit card fee and to re-examine the open taxi access program. 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: A. Eadie Jackson vs. CCSF, Superior Ct. #CGC10497095 filed on 2/24/10 for $750 B. Robert Kastl vs. CCSF, Superior Ct. #CGC10499907 filed on 5/14/10 for $5,000 C. Virginia Abalos vs. CCSF, Superior CT. #CGC10499979 filed on 5/17/10 for $87,000 RESOLUTION 11-075 (10.2) Approving the following traffic modifications:
Items 10.2 A, C, E and G were removed from the Consent Calendar PUBLIC COMMENT: Barry Taranto pointed out that 10.2A should go to 6pm rather than 9pm. There is no nighttime enforcement in that bedroom neighborhood. There is plenty of parking on 24th Street. With regard to 10.2C, he wondered if there was outreach to the nearby houses of worship. Regarding 10.2E, he stated that the existing taxi zone is useless and wondered if they could get a guarantee of a replacement taxi stand. For Item 10.2G, the 25mph speed limit is going to be unenforceable. Item 10.3 needs to be continued or tabled because it is premature to give that authority without discussing it first with the next Executive Director. RESOLUTION 11-076 On motion to approve Item 10.2 A, C, E and G: ADOPTED: AYES – Bridges, Brinkman, Heinicke, Lee, Nolan, Oka and Ramos (10.3) Authorizing the Executive Director/CEO or his designees to execute permits, licenses and other real property agreements that are within the contracting authority amounts granted under Resolution No. 10-008, that include terms and conditions requiring the SFMTA to indemnify property owners, without limitation, subject to review and approval by the City's Risk Manager and the City Attorney's Office, after consultation with the SFMTA Chief Financial Officer. (Explanatory documents include a staff report and resolution.) (Sonali Bose) Item 10.3 was removed from the Consent Calendar at the request of a member of the public. Public comment on this item was made during public comment on Item 10.2. RESOLUTION 11-077 On motion to approve Item 10.3: ADOPTED: AYES – Bridges, Brinkman, Heinicke, Lee, Nolan, Oka and Ramos (10.4) Authorizing the Executive Director/CEO to execute an amendment to the Independent Review Panel Agreement with APTA that would provide an unlimited indemnity for APTA and individual members of an Independent Review Panel to review and evaluate aspects of the SFMTA's deep tunneling program of the Central Subway Project, insofar as it may have an impact on the facilities of BART in San Francisco. (Explanatory documents include a staff report, resolution, financial plan and agreement.) (Carter Rohan) RESOLUTION 11-078 (10.5) Authorizing the Executive Director/CEO to enter into one or more consensual terminations with the financial institutions and other parties that participated in the Lease Transactions executed in 2002 and 2003 with respect to the SFMTA's Breda light rail vehicles, provided there shall be no net cost or liability to the SFMTA. (Explanatory documents include a staff report, resolution and letters.) (Sonali Bose) RESOLUTION 11-079 On motion to approve the Consent Calendar (Item 10.2 A, C, E and G and 10.3 severed): ADOPTED: AYES – Bridges, Brinkman, Heinicke, Lee, Nolan, Oka and Ramos REGULAR CALENDAR 11. Adopting the California Environmental Quality Act Findings to support the Parkmerced Project, and consenting to the Development Agreement between the City and Parkmerced Investors. (Explanatory documents include a staff report, resolution, plans, designs, agreements, findings and economic analysis.) (Bond Yee) PUBLIC COMMENT: Anna-Marie Bratton stated that high density urban housing with good development is good. The Parkmerced plan fulfills that. The plan will enhance transit by providing shuttles for residents and will also provide retail opportunities. Elizabeth Keith expressed support. This will make the intersection of 19th and Holloway safer. Shuttles will help the elderly and disabled residents. This will be more convenient for students. Jeanie Scott expressed support for the plan. She would like to see the M-line get out of the middle of 19th Ave. The current platform is narrow and dangerous. RESOLUTION 11-080 On motion to approve: ADOPTED: AYES – Bridges, Brinkman, Heinicke, Lee, Nolan, Oka and Ramos 12. Discussion and vote pursuant to Administrative Code Section 67.10(d) as to whether to conduct a closed session. 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 3:09 p.m. 2. Roll Call 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: A. Nueh Wah Choi vs. CCSF, Superior Ct. #CGC10498800 filed on 4/16/10 for $235,914.44 RESOLUTION 11-081 On motion to approve: ADOPTED: AYES – Bridges, Brinkman, Heinicke, Lee, Nolan, Oka and Ramos B. David Wheeler vs. CCSF, Superior Ct. #CGC10490428 filed on 9/15/09 for $5,360,000 RESOLUTION 11-082 On motion to approve: ADOPTED: AYES – Bridges, Brinkman, Lee, Nolan, Oka and Ramos NAYES – Heinicke Also present:
4. Pursuant to Government Code Section 54957 (b) and Administrative Code Section 67.10 (b), the Municipal Transportation Agency Board will meet in Closed Session to discuss and take possible action to appoint a successor to the incumbent, Nathaniel P. Ford Sr. in the event of a vacancy in that position: PUBLIC EMPLOYEE APPOINTMENT/HIRING: Executive Director/CEO ADJOURN CLOSED SESSION AND RECONVENE OPEN SESSION - The closed session was adjourned at 3:51 p.m. 13. Announcement of Closed Session. Chairman Nolan announced that the SFMTA Board of Directors met in closed session to discuss the Choi and Wheeler cases with the City Attorney. The Board of Directors voted unanimously to settle the Choi case and voted six to one with Director Heinicke opposed to settle the Wheeler case. The Board of Directors also discussed the appointment of an acting Executive Director/CEO but took no action. 14. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved. 15. Approving a separation agreement between Nathaniel P. Ford, Sr., Executive Director/CEO and the City and County of San Francisco, acting through the Municipal Transportation Agency, to end his employment effective June 30, 2011 and resolve any claims or potential claims by Ford for the amount of $384,000. (Explanatory documents include an agreement and resolution.) PUBLIC COMMENT: Anthony Thomas, on behalf of Senator Leland Yee, stated that they have a petition signed by approximately 1,200 voters in opposition. The issue is not with Mr. Ford but with management. The city is scraping for every dollar and it is unconscionable to change six months after the contract was renewed. He urged the Board to revisit the issue and renegotiate a better deal. Chairman Nolan closed public comment. RESOLUTION 11-083 On motion to approve: ADOPTED: AYES – Bridges, Brinkman, Heinicke, Lee, Nolan, Oka and Ramos Following the vote, Chairman Nolan reopened public comment. PUBLIC COMMENT: James Bryant stated that the contract with Mr. Ford must be honored. The only thing that would void a contract would be malfeasance. He recognizes the good things that Mr. Ford has done and added that they must support Mr. Ford and send a signal that anyone in the same situation would be supported. 16. Appointing an acting Executive Director/CEO, effective July 1, 2011 who shall serve until such time as a permanent successor is appointed. (Explanatory documents include a resolution.) Board Secretary Boomer stated that Item 16 was continued to the meeting of June 28. ADJOURN - The meeting was adjourned at 3:57 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. Material supplied by Herbert Weiner for inclusion in the SFMTA’s minutes of June 21, 2011. To ensure that the comments are accessible, this material is reproduced exactly as written below. The actual statement provided will be added to the printed meeting minutes. Nat Ford Your Run is Over Success and Failure Failure: You have left MTA worse than you found it Transit First: Riders motorists bus and taxi drivers frail and elderly last Success: You threw so many under the wheels Perhaps the most skillful driver you weaved in and out of critics City Hall and improvements that could have been made bringing quiet peaceful streets to an end cutting and eliminating runs so crucial to the frail and sick So many thrown under the wheels Now the wheels welcome you but not the victims Your bus has finally crashed Your run is over You must leave by the rear doors With luck they won’t slam on you (Signed) Herbert J. Weiner |
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