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ORDER OF BUSINESS 1. Call to Order Chairman Nolan called the meeting to order at 1:05 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 February 1, 2011 Regular Meeting and the February 15, 2011 Special Meeting: unanimously approved (Lee-absent). 5. Communications Chairman Nolan noted that he would call Item 12 regarding Youth Passes at 4:00 pm. Board Secretary Boomer stated that Item 10.3, making Hayes Street into a two-way street, had been removed from the agenda at the request of staff. 6. Introduction of New or Unfinished Business by Board Members Director Brinkman requested information regarding the status of the Oak-Fell bike gap. She also noted that staff needs to consider the potential for fraud with regard to the nanny permits. 7. Executive Director’s Report (For discussion only)
Exec. Director/CEO Ford presented Special Recognition Awards to Roberto Guzman, transit supervisor, Line Management Center, Transit Services; Emmanuel Enriquez, electrical system transit mechanic, Muni Metro East, Transit Services; and to the Taxi Services team of Joselyn Caceres, Jane Arce, Gregorio Balitaan, Chadwick Lee, Lorrie Chang, Scott Leon, Monlia Wu, Michael Harris and Jarvis Murray. Exec. Director/CEO Ford discussed the recent CPUC report regarding safety; the Clipper Card Program and SFpark; the status of Caltrain funding and the use of credit cards on taxis. Chairman Nolan stated that the SFMTA Board would hold a special meeting on Friday, March 4 to discuss the CPUC recommendations and requested that staff invite the CPUC to attend. PUBLIC COMMENT: Bob Planthold discussed the Clipper Card. He stated that there has been no response to e-mails sent months ago regarding the reliability of Clipper Card readers. Cards don’t get scanned or registered in a timely manner. People cluster around the card reader and seniors and people with disabilities get stepped on and spilled on as the result. MTC says it’s Muni’s responsibility to fix them. This is a potential liability issue. He also stated that there was no public notice given for the March 4 meeting. Barry Taranto stated that Jarvis Murray has done a wonderful job for the Taxi Services division. He should be honored for his sensitivity and care for drivers and passengers. Credit card use on taxis is a big concern. Drivers are hesitant to use them for short trips because they are being charged fees. Apparently National Cab charges 5%. Drivers are reporting subversively because they want to avoid those charges. 8. Citizens’ Advisory Council Report No report. 9. Public Comment Carmen Ho expressed concern regarding the Central subway program with respect to local hiring and job opportunities. Joshua Arce, Brightline Defense Project, discussed the Central Subway Project and the city’s new local hiring ordinance. He requested an update on the Project. If the tunnel contract hasn’t been put out to bid, he suggested waiting until the city’s local hiring ordinance kicks in. He asked about the plan for local hiring. The HUD Secretary said that hiring requirements are changing. 28% of the funding is local and would apply to the local hiring ordinance. Christopher Fulkerson stated that recently people were hurt in San Diego. The City won’t allow a penalty for vomiting in a taxi. Luxor recently sold a cab due to the smell. Taxi drivers deal with thieves and must pay for their own prosecution. The poorest cab drivers are paying the most. The SFMTA is not taxing the rich but are selling permits at prices that obviate workers needs and that often require a balloon payment. This policy is unfair and should be changed. Herbert Weiner stated that the public gets the bang and the SFMTA gets the bucks. There are new coaches on the 2 Clement line that have a strange odor. This needs to be addressed as it is a safety concern. Mr. Weiner described an experience where he narrowly missed the 1-CA and had to wait 40 minutes at night for the next bus. He asked if the Board could understand the inconvenience. He hopes the impending investigation regarding safety doesn’t result in a fine but if so, it should not be taken out of the hides of riders and the public. Any fine should be taken out managers pay. Howard Strassner stated that he has previously discussed ways to raise revenue. If the SFMTA could save 1% in running time, it could save $7-8 million a year. He read an article about reducing the number of stops which is something that nobody wants to do. North of the park there are two blocks between stops on the 28 line but south of the park, stops are one block apart. The SFMTA would have to build bus bulbs south of the park but if you have half the number of stops, people will board quicker. The combination of fewer stops and bus bulbs will help save money. Barry Taranto stated that odor is a common topic under public comment. He questioned why taxis were put under Sonali Bose and believes that it means that taxis are considered a cash cow. He invited Chairman Nolan to come to a TAC meeting to hear what’s going on and learn the problems of the taxi industry. There are two companies that are operating illegally: Uber cab and Home Mobile. He suggested that the SFMTA threaten them with lawsuits and fines as they are taking money away from cab drivers. A meter increase was promised and should be done by July 1st. Security is an issue and the Police Department isn’t reporting incidents as they happen. Dave Schneider stated that security is an issue. Taxi drivers need to be told in a timely fashion about issues regarding security. Regarding turning Hayes into a two-way street, the present operation on Van Ness is workable. There needs to be a preponderance of evidence for this change. This seems to be an accommodation to the “green” crowd. Rafael Cabrera, TWU, Local 250-A, discussed employee parking and questions his members have. He met with John Haley to ask questions that have yet to be answered. Chairman Nolan requested an update on the status of the Clipper Card readers and what is being done with regard to ensuring that taxi cab drivers are secure. Director Bridges requested an update with regard to local hiring for the Central Subway project. 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. Phu San vs. CCSF, Superior Ct. #CGC10501547 filed on 7/14/10 for $25,000 B. Shanon Starno vs. CCSF, Superior Ct. #CGC10499375 filed on 5/3/10 for $39,000 C. Lorna Wong vs. CCSF, Superior Ct. #CGC10501864 filed on 7/23/10 for $39,000 D. Zhao Ru Peng Ruan vs. CCSF, Unlitigated Claim #1001695 filed on 12/21/09 for $40,000 E. Yau Kwan Chui vs. CCSF, Superior Ct. #CGC10502189 filed on 8/3/10 for $45,000 F. James Walker vs. CCSF, Superior Ct. #CGC10502233 filed on 9/9/10 for $50,000 G. Annabelle Majillo vs. CCSF, Superior Ct. #CGC10502233 filed on 9/9/10 for $65,000 H. Yin Ping and Ping Cheun Lam vs. CCSF, Superior Ct. #CGC10499376 filed on 5/3/10 for $75,000 I. Restituta and Diosdado Dela Cruz vs. CCSF, Superior Ct. #CGC10502519 filed on 8/11/10 for $115,000 J. Xia Bing Fang vs. CCSF, Superior Ct. #CGC10500224 filed on 5/27/10 for $125,000 K. Alla and Felix Shvartsburd vs. CCSF, Superior Ct. #CGC10497513 filed on 3/6/10 for $125,000 L. Michael Mojica vs. CCSF, Superior Ct. #CGC10502233 filed on 8/4/10 for $129,862.64 M. Lamjav Chultem, Bolormaa Bayarmagnai and Natarkhorol Chultem vs. CCSF, Superior Ct #CGC10502398 filed on 9/14/10 for $189,752.40 RESOLUTION 11-022 (10.2) Approving the following traffic modifications:
RESOLUTION 11-023 Item 10.2 X was severed from the Consent Calendar at the request of members of the public. PUBLIC COMMENT on Item 10.2X: Nancy Fleisman expressed support. She is surrounded by people who have parking permits or who don’t want it because it’s too expensive or they don’t like it. David Pennybaker stated that parking has become increasingly difficult. Other streets have sticker parking so their street has become known as a street where a car can be left. He expressed support. Megan Penrose stated that it has gotten progressively more difficult to park because they have become surrounded by permit blocks. Calling about the 72 hour law isn’t effective. She wants to be treated the same as others. Wendy Tice-Wallner stated there was no problem until the city installed permits on other streets. When street sweeping went to a 14-day cycle, parking became even more of a problem. The safety of the street has changed and there have been numerous break-ins to cars that are left for days. This is a serious issues for residents. She urged the Board to approve the item. Donald Stroh questioned the supporters because he knows of two dozen people who are not in support. He asked the Agency to provide evidence of the number of people who support it. He asked if it is a public right to call in to report a car that has parked there for more than 72 hours. He urged the Board to remove the item from the agenda until there is proof. Nick Jarrett stated that he disagrees with his neighbors who are under the misconception that they are surrounded by streets where a permit is required. Many streets don’t have permit parking. All his neighbors have to do to address cars that are parked for more than 72 hours is to call 311. When a car is towed, it doesn’t come back. He urged the Board to look at the numbers and make a democratic decision. Bond Yee, director, Sustainable Streets, reviewed the proposal with the Board. On motion to approve Item 10.2 X: ADOPTED: AYES – Beach, Bridges, Brinkman, Heinicke, Nolan and Oka ABSENT - Lee (10.3) Approving the following traffic modifications in association with making Hayes Street into a two-way street between Van Ness Ave. and Gough Street and making Fell Street a two-way street between Van Ness Ave. and Franklin St. A. ESTABLISH – TWO-WAY OPERATION - Hayes Street, between Van Ness Avenue and Gough Street B. ESTABLISH – RIGHT TURN ONLY - Hayes Street, eastbound at Van Ness Avenue C. ESTABLISH – LEFT LANE MUST TURN LEFT - Hayes Street, westbound at Gough Street D. ESTABLISH - RIGHT LANE MUST TURN RIGHT EXCEPT TRANSIT ESTABLISH - TOW-AWAY LANE MUST TURN LEFT - Hayes St, westbound at Van Ness Ave. E. ESTABLISH - NO LEFT TURN, 7 AM TO 7 PM, EVERYDAY - Hayes Street, eastbound at Franklin Street F. ESTABLISH - TOW-AWAY NO STOPPING ANYTIME - Hayes Street, south side, between Van Ness and Franklin Street and Hayes Street, north side, between Polk Street and Van Ness G. RESCIND - TOW-AWAY NO STOPPING ANYTIME ESTABLISH - PARKING METER AREA 2 ESTABLISH - TOW-AWAY NO STOPPING, 7 AM TO 9 AM AND 3 PM TO 7 PM, MONDAY THROUGH FRIDAY -Hayes Street, north side, between Van Ness Avenue and Franklin Street H. RESCIND - TOW-AWAY NO STOPPING 4 PM TO 7 PM, MONDAY THROUGH FRIDAY Hayes Street, south side, between Market Street and Polk Street I. RESCIND – BUS ZONE - Hayes Street, north side, from Franklin Street to 64 feet westerly J. RESCIND - TOW-AWAY NO STOPPING 4 PM TO 7 PM, MONDAY THROUGH FRIDAY 9th Street, west side, between Market and Howard Streets K. ESTABLISH – TWO-WAY OPERATION - Fell Street, between Van Ness Avenue and Franklin Street L. ESTABLISH – TOW-AWAY NO STOPPING, 7 AM TO 9 AM, MONDAY THROUGH FRIDAY Fell Street, south side, between Franklin Street and Van Ness Avenue M. ESTABLISH - NO LEFT TURN - Van Ness Avenue, northbound, at Fell Street N. ESTABLISH - TOW-AWAY NO STOPPING ANYTIME - Fell Street, north side, from Franklin Street to 90 feet easterly and Fell Street, south side, from Franklin Street to 50 feet easterly O. ESTABLISH - NO PARKING ANYTIME - Fell Street, both sides, from Van Ness Avenue to 20 feet westerly. (Explanatory documents include a staff report and resolution.) (Bond Yee) Item 10.3 was removed from the agenda at the request of staff. (10.4) Authorizing the Executive Director/CEO to sign the PTMISEA Certifications and Assurances and Authorized Agent forms so that SFMTA may be eligible to apply for Fiscal 2010-11 and future PTMISEA bond funds to fund transit capital projects including the Central Subway; and sign the TSSSDR Authorized Agent form so that the SFMTA may be eligible to apply for Fiscal 2010-11 grant funds for transit security projects. (Explanatory documents include a staff report, resolution and forms.) (Sonali Bose) RESOLUTION 11-024 (10.5) Authorizing the Executive Director/CEO to execute Contract No. 1226, Purchase Order No. 3 with Thales Transport & Security for the Automatic Train Control System System Management Center Upgrade Implementation in an amount not to exceed $9,658,361.00 and for a term not to exceed 130 weeks. (Explanatory documents include a staff report, resolution, agreement and financial plan.) (Fariba Mahmoudi) RESOLUTION 11-025 (10.6) Authorizing the Executive Director/CEO to enter Contract No. SFMTA-2010/11-12, Software Support and Maintenance Agreement with Fourth Dimension Traffic for transit signal priority and other advanced programming training and support services for a total contract amount not to exceed $1,900,000 and for a term of up to ten years. (Explanatory documents include a staff report, resolution and contract.) (Bond Yee) RESOLUTION 11-026 (10.7) Authorizing the Executive Director/CEO to execute an agreement with Chrisp Company and Flint Trading to accept the gift of supplying pavement marking materials and re-striping a crosswalk between the northwest and northeast corners of the intersection of Judah and La Playa Streets valued at approximately $5,000. (Explanatory documents include a staff report, resolution and agreement.) (Bond Yee) RESOLUTION 11-027 (10.8) Approving amendments to Division II of the Transportation Code amending Section 101 to add the definition of "alley" formerly contained in the Traffic Code; Section 201 to authorize the City Traffic Engineer to: (1) remove unauthorized color curb markings or other markings that regulate vehicle parking, (2) indicate by signs or markings where vehicle parking is prohibited within fifteen feet of a fire hydrant, and (3) designate on-street bicycle and all motorcycle parking spaces following a public hearing; Section 302 to update two changes to the Transportation Code Penalty Schedule table; and Section 702 to add and delete locations that are subject to certain speed limits. (Explanatory documents include a staff report, resolution and amendments.) (Bond Yee) RESOLUTION 11-028 (10.9) Adopting amendments to Transportation Code Article 300 Section 310, which sets forth penalties for motor vehicle for hire violations and modifies the motor vehicle for hire penalties by revising and increasing certain penalties, eliminating the progressive penalty structure, creating a single penalty for each violation, and providing a simpler description of each violation. (Explanatory documents include a staff report, resolution and amendments.) (Sonali Bose) Item 10.9 was severed from the Consent Calendar at the request of a member of the public. PUBLIC COMMENT on Item 10.9: Barry Taranto stated that it would be good to know how much the fines are and questioned why it was being changed and why there wasn’t an aggressive penalty structure. He stated that the public should know the fine before they are fined. It is important to advertise and provide information to cab drivers. Tara Houseman stated that she isn’t nuts about the progressive penalty structure but it includes administrative penalties for people acting as cabs who are not cabs. The more money you take from people pretending to be cab drivers is less money out of her pocket. RESOLUTION 11-029 ADOPTED: AYES – Beach, Bridges, Brinkman, Heinicke, Nolan and Oka ABSENT - Lee (10.10) Authorizing the Executive Director/CEO to execute the Purchase Agreement and the Easement Agreement to grant to Avalon a 55 year easement over a portion of property at the Phelan Loop for a payment of $171,360 and the delivery of $706,832 to the San Francisco Redevelopment Agency pursuant to a Capitalized Operating and Construction Costs Agreement. (Explanatory documents include a staff report, resolution and financial plan.) (Sonali Bose) RESOLUTION 11-030 (10.11) Approving the issuance of a transit pass at no cost for use by registered transit professionals and their spouses attending the Annual Conference of the Women’s Transportation Seminar from May 18 to 20, 2011. (Explanatory documents include a staff report and resolution.) (Debra Johnson) On motion to approve the Consent Calendar (Items 10.2X and 10.9 severed): ADOPTED: AYES – Beach, Bridges, Brinkman, Heinicke, Nolan and Oka ABSENT - Lee REGULAR CALENDAR 11. Requesting that the Taxi Advisory Council prepare a proposal for a peak time taxi permit pilot program to supplement the level of available taxi vehicles in San Francisco during periods of high taxi demand to be reviewed by the SFMTA Board of Directors for possible implementation. (Explanatory documents include a staff report and resolution) (Sonali Bose) PUBLIC COMMENT: Christopher Fulkerson stated that has been decades since issues have been addressed. It’s wrong to use political methods to solve problems. Issuing peak time medallions is another way to create designer medallions without regard for the regulations. The relationship between profit and demand changes regularly. Friday and Saturday nights are the only advantageous times for drivers and if those times are removed, incentive is also removed. Issuing peak time medallions destroys demand and ignores the needs of drivers. This can be solved in a business way. Barry Taranto expressed support for sending this to the Taxi Advisory Council and not deciding anything today. Issuing peak time taxi permits must come with improved customer service. If you pay cab drivers more, you’ll get better service. Drivers need better training, nicer vehicles and an incentive to pick up radio orders. Instilling a surcharge on radio orders or a meter increase will result in improved service. Dave Schneider stated that it’s good to prepare a proposal for this. He questioned who would receive these medallions. This is an economic fiefdom where a portion of driver fees goes to the cab company and to medallion holders. He questioned if the drivers are going to get anything. Two prior mayors committed to improved service through centralized GPS dispatch but it still doesn’t exist. Under the Constitution, taxicab owners and drivers are public utilities. Ed Healy stated that this is a good idea on the whole. There is a wide discrepancy of businesses in the city. The need for cabs varies on different nights. He suggested that this be discussed in conjunction with a PCN hearing. He questioned who would support the drivers. The TAC is primarily comprised of management so expect a recommendation where companies will get the majority benefit. Carl Macmurdo expressed support and stated that there are different levels of service needs during a week. There is another possible model regarding single-user permits that would provide additional coverage and would allow drivers to engineer a retirement package for themselves. He questioned whether this is economically viable. It is not done much in other cities. A Request for Proposals isn’t needed to review meter and gate fees. He urged consideration of using a percent of CPI as a means to increase gate fees. Tone Lee stated that San Francisco is busy with conventions and tourists, many who can’t get a cab. Peak time medallions are a good solution. Zero revenue is made from illegal limousines. Peter Witt stated that in 1998 he filed an appeal against adding peak time taxis. A ruling by the Board of Appeals questioned the definition of peak time taxis. Peak times are from 6-9 am and 4-7 pm. The former Taxi Commission missed the ball on adding taxis. There is tunnel vision when the golden goose is money and not service. He questioned how to solve the problems during peak time rush hours and wondered if they could be addressed with dispatch. Clearly there are too many cabs at certain times of the day. He added that the last time the meter was raised was in 2003. Mark Gruberg stated that a study of this is “by all means” and would be a sensitive alternative to full-time medallions. He stated that he has great concerns as to what may come out of this. Other cities have had a strong reaction to the idea that taxi drivers shouldn’t have bargaining rights. Getting a medallion was the path to a stake in the industry but that path is all but closed to anyone who can’t afford a medallion. This will create more competition for drivers but we’re talking about giving them to cab companies rather than to drivers. This is a potential revenue source that will be marginal. RESOLUTION 11-032 On motion to approve: ADOPTED: AYES – Beach, Bridges, Brinkman, Heinicke, Nolan and Oka ABSENT - Lee 12. Authorizing the Executive Director/CEO to provide up to 12,000 youth passes per month to the San Francisco Unified School District or the Department of Children Youth and Families for April-June 2011 for distribution to low-income students at no cost. (Explanatory documents include a staff report, resolution and financial plan.) (Sonali Bose) PUBLIC COMMENT: Piedad Gonzalez urged approval of the passes for youth. People are out of work and don’t have the money to provide a fast pass for their children. Karen Gibson stated that POWER urged approval. Beatriz Herrera, POWER, encouraged the Board to continue to support the fast pass program. This was already approved and needs to be implemented. There are other things that impact our families such as bus stop consolidation and POP enforcement that they want to speak about. People don’t have alternatives to public transportation. Katherine Zitler stated that free passes for youth will be of great help to families who need it. She commended the Board for their support and looks forward to working with the SFMTA in the future on similar concepts. Matthias Mormino, SRO Families Collaborative, stated that they have partnered successfully with the school district to provide access to public transit with amazing results. Free passes will allow children to enjoy the city through public transit and experience what the city has to offer. He acknowledged the work to put this program in place and thanked the Board for their support. Eduarda Cruz expressed appreciation for supporting free fast passes for youth. This is a difficult time for families. Mario Yedidia, Director, Youth Commission, expressed appreciation for the Board’s support. The need for this is high. A large proportion of school children are low income. For the next fiscal year, he expressed hope that the program can include private or parochial schools. Jeffrey Kaminsky, Youth Commissioner, expressed appreciation for the Board’s support. Students in private parochial schools need to be included. Over 44% of students at Lick Wilmerding receive student assistance. Naomi Fierro, Youth Commissioner, stated that there are students in the private and parochial school system that would benefit from this program. She has been taking two buses to and from school every day for two years. She expressed her gratitude for the Board’s support and added that she is in awe of the precedent that is being set. Christine Revelo expressed appreciation for supporting this item. Everybody is going through hard times. This is a commendable act in support of San Francisco’s youth. May Gao introduced a family that includes children who take a bus every day to get to school. Their family’s transportation cost is over $100 per month which is a large expense when you consider the other basic needs of people’s lives such as clothing, food and shelter. She hopes the SFMTA can understand the demands on a family. David Campos, member, San Francisco Board of Supervisors, expressed appreciation to the Board for considering the item. This modification allows for implementation of the program. Giving 12,000 free passes for the last three months of the fiscal year is badly needed. He thanked staff for working diligently and the SFMTA Board, Mayor Lee and the Dept. of Children Youth and Families for approving the item. Joanne Abernathy stated that having free passes for youth will make a tremendous difference to her family and to families of low income. She would like to see this continue in the future. She knows that city departments need to make budget cuts. She would like to see Muni look at cuts to passes and to providing resident fast passes for people who live in San Francisco. San Francisco residents are being hit the hardest by the price of a fast pass. Transfers are a waste of Muni’s money. Marsha Webb-Logan stated that people have to work, go to school and have to ride Muni. Low income families can’t always afford a car. She stated that she can’t afford a fast pass because she doesn’t have a job. Everyone is impacted by an increase in prices. Juana Teresa Tello, POWER, stated that she works with low income youth and families and is an advocate for social justice. An increase in transit fares makes it difficult for youth and families to get to grocery stores and schools and to access resources. Families are unemployed and vulnerable without access to public transportation. People have to choose between having a Muni fare and having food for their family. Amy Huang and Calvin Chan, Adopt-An-Alley, stated that many students are struggling and depend on Muni to get to school and to their jobs. Removing transportation barriers for youth is important. They urged approval. May stated that she lives in a single room residence and needs to take a bus to go to school. She thanked the Board for their help. Iris Biblowitz thanked the Board for working on this real collaboration. Families have been reduced to sharing fast passes. The recession isn’t going away anytime soon. She expressed hope that this can be continued because the need will continue. James stated that because he just turned 18 he has to pay full fare for a bus pass. Students walk to school because they can’t afford the fare. Muni could save money if they let seniors and children who are 18 have free passes. Rosa stated that not everyone can buy a fast pass because they are expensive but they are transit dependent. People should qualify based on grades and not age. Some students are 18 but must pay full prices. Scott urged careful and serious consideration because students need a pass to get to work and school. Donaji Lona, POWER, stated that this is a good example of what a community can do together. Youth have to struggle every day because they don’t have enough money for a bus. We need access to resources. This is a happy ending. Emily Lee, Chinese Progressive Association, thanked the Board for their action but said that it’s not enough. It is shameful that people are put in this situation. She asked for leadership for finding more solutions other than cutting and putting the burden on families. Tobias Serrano, Youth Commission, stated that the numbers of people who showed up today should show that this is a citywide issue. Papiette, Youth Commissioner, expressed appreciation for the item. Her school is excited about the youth lifeline pass. RESOLUTION 11-033 On motion to approve: ADOPTED: AYES – Beach, Bridges, Brinkman, Heinicke, Nolan and Oka ABSENT - Lee 13. Approving making the existing Required Right Turns pilot project on eastbound Market Street permanent including the existing Right Turn Only Except Transit, Taxis, Trucks and Bicycles regulations on eastbound Market Street at 10th and 6th streets. (Explanatory documents include a staff report and resolution.) (Bond Yee) PUBLIC COMMENT: Kit Hodge, SF Great Streets Project, expressed support for the proposal. Market Street is the backbone of the transit system. There was an increase in foot traffic over the course of this trial. Supervisors Chiu and Kim are in support. Elizabeth Stampe, WalkSF, expressed support for the proposal. The trial has resulted in increased public transit speed, more people walking and safer conditions. Increasing walking means increased personal safety and more foot traffic for local businesses. Tara Houseman asked that the pilot program be extended rather than making it permanent. The SFMTA hasn’t heard from visitors or those who have gotten tickets as the result of this. There isn’t adequate signage so people don’t realize what’s going on until it’s too late. This victimizes visitors and we don’t know how many people decide not to come to San Francisco as a result. There are many benefits but this proposal hasn’t been fully tweaked. Neal Patel, SF Bike Coalition, expressed support. There have been a large number of letters of support for the item. People didn’t feel safe riding a bike on Market Street until this trial. There has been strong improvement to walking, biking and taking transit as a result. Howard Strassner urged support for making it permanent. He expressed hope that we can figure out how to enforce this without great expense. RESOLUTION 11-034 On motion to approve: ADOPTED: AYES – Beach, Bridges, Brinkman, Heinicke, Nolan and Oka ABSENT - Lee 14. Approving the Transit Impact Development Fee (TIDF) Update Report and recommendations to apply the TIDF to new residential development; review the existing exemptions from the TIDF; revise the fee schedule; discount the rates for new development projects that restrict parking; amend the Planning Code to clarify provisions of the existing TIDF legislation and improve administration of the TIDF; and develop an administrative appeals process. (Explanatory documents include a staff report, resolution and report.) (Sonali Bose) Exec. Director Ford requested that the item be continued following public comment. Staff would like the opportunity to discuss the report with the public and developers. Chairman Nolan requested that the item be presented to PAG before it returns to the Board. PUBLIC COMMENT: Elizabeth Stampe, Walk SF, expressed support for expanding the fee for residential development and offering a discount for developments that restrict parking. City streets will be safer and more sustainable. Howard Strassner stated that he is partially in support. Giving a break to developments that restrict parking is a good start. The same concepts should be used for parking meter rates. He added that it’s nice to give 12,000 passes to school kids. Tone Lee stated that in every city, residents can only enjoy 50% of a city’s resources. Everybody can enjoy the public resources. Any impact fee for a public subsidy should be gotten. John Stricklin expressed appreciation for the continuance. It is important for the Board to hear from builders and stakeholders. He hopes to be able to get the documents. Jonathan Pearlman stated that this fee would affect architects because buildings won’t get built. It is getting harder to make a living because of the cost. Not vetting this in public hearings is a shame. He expressed appreciation for postponing the item. Kevin Dill stated this is an ill conceived job killer and expressed appreciation for the opportunity to discuss it further. This will affect a lot of people and would add about $10/foot in cost to residents. There should be a moratorium on all fees until we get to a reasonable unemployment rate. Alice Barkley expressed appreciation for the opportunity to speak. The staff report is extremely poor. The development community is tapped out and can’t afford more fees. Fees from city agencies need to be coordinated. She stated that she took umbrage at staff’s assertion that public comments weren’t allowed by the Board until after approval. Leo Cassidy stated that the costs are hard to bear. The industry is being crippled. He expressed appreciation for the continuance. Jeff Rocca questioned whether there is good quality assurance. They must doubt the integrity of the report since they don’t have access to it. The industry can’t afford more fees. Building permits are at a record low. The industry needs a break. Grace Sharahan spoke about the process. She heard about this from a reporter calling for a comment. Outreach wasn’t done for this item and not too long ago, there was no outreach for bagged meter fees. She has been told that it wasn’t staff’s policy to do outreach prior to SFMTA Board approval and that they were supposed to go to the Board of Supervisors if they wanted to comment. That’s a disgrace. They are the biggest stakeholders of small construction jobs and they can’t access the information. She expressed appreciation for the continuance. Luke Gilligan stated that he is a small business owner and every time he turns around, there’s a new fee that impacts small businesses. This is one more tax that will cripple the industry and it needs more thought. Maurice Casey stated that the construction industry is slow in San Francisco. Contractors are out of work. This legislation will cripple the industry on top of the current hardships. They’re tapped out with fees and can’t take anymore. He asked that the legislation be put “behind us” for a while. Kieran Buckley stated that the Planning Department already studied how much the industry can bear. This is another tax and it’s a “job killer”. Andy Thornley, SF Bike Coalition, expressed support, in particular, for the inclusion of residential development. The other big adjustment is the discount for projects that have less or no parking. Parking is a trip generator. If you build a building that has a garage, it will impact public transit and street congestion. Manish Champsee, Walk San Francisco, stated that there are many expenses to keeping the city running but nobody wants to pay for it. The reality is that as nice as it would be to provide public transportation for free, it’s not possible. There is an inherent inequality when commercial developers have to pay and residential developers do not. Both kinds of buildings generate trips. This is consistent with San Francisco’s “Transit First” policy. He expressed sympathy with the RBA about outreach. The SFMTA needs to do more of it. Anonymous speaker read about these fees in the morning’s paper. The industry can’t bear more fees nor can people who buy homes. The Planning Department analyzed the impact that fees have and found that there’s a limit to what can be put on developers. He urged the Board to forget about this. Richie Hart stated that it’s important to have access to the material. Due process is important and the industry should have known about this proposal three weeks ago. They didn’t hear about the bagged meter fee either. John O’Connor stated that this was recommended without any due process. The construction industry can’t bear more fees. The Mayor’s Office of Economic Development says that San Francisco won’t be back to 2008 prices until 2016 so they can’t afford to pay more fees. He thanked the Board for continuing the item. Staff needs to involve the stakeholders. Sean Keigran stated that staff doesn’t know the intricacies of the construction industry. This would have been jammed through if they hadn’t come to the meeting. No action was taken. 15. 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 (Lee-absent). RECESS REGULAR MEETING AND CONVENE CLOSED SESSION CLOSED SESSION 1. Call to Order Chairman Nolan called the closed session to order at 4:22 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. Oscar Cortez vs. CCSF, City Attorney #100850 in the amount of $825,000 RESOLUTION 11-035 On motion to approve: ADOPTED: AYES – Beach, Bridges, Brinkman, Heinicke, Nolan and Oka ABSENT - Lee Also present: Nathaniel Ford, executive director/CEO Roberta Boomer, board secretary Julia Friedlander, deputy city attorney Carter Rohan, deputy executive director Debra A. Johnson, director, Administration, Taxi and Accessible Services Sonali Bose, director, Finance and Information Technology John Haley, director, Transit Services Reggie Mason, director, Safety, Training, Security and Enforcement Caroline Celaya, assistant board secretary 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 This item was not discussed. 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 Also present:
6. Pursuant to Government Code Section 54957 and Administrative Code Section 67.10 (b), the SFMTA Board of Directors will meet in closed session to discuss: PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Executive Director/CEO Nathaniel P. Ford, Sr. Also present: Roberta Boomer, board secretary Julia Friedlander, deputy city attorney Caroline Celaya, assistant board secretary ADJOURN CLOSED SESSION AND RECONVENE OPEN SESSION - The closed session was adjourned at 4:36 p.m. 16. Announcement of Closed Session. Chairman Nolan announced that the SFMTA Board of Directors met in closed session to discuss Cortez vs. CCSF with the City Attorney. The Board of Directors voted unanimously to settle the case (Lee-absent). The Board discussed labor negotiations with their representative but took no action. The Board discussed the performance evaluation of the Executive Director/CEO but took no action. There was no discussion of anticipated litigation. 17. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved (Lee-absent) ADJOURN - The meeting was adjourned at 4:36 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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