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ORDER OF BUSINESS

1.  Call to Order

Chairman Nolan called the meeting to order at 2:02 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 February 17, 2009 Regular Meeting: unanimously approved.

5.  Communications

Board Secretary Boomer stated that Item 10.2 (C) had been removed from the agenda at the request of staff.  Anticipated litigation, scheduled for closed session, was also removed from the agenda.

6.  Introduction of New or Unfinished Business by Board Members

Chairman Nolan presented a plaque to former Chairman McCray in recognition of his leadership as Chairman of the SFMTA Board of Directors.

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

  • Special Recognition Award
  • Report on the Taxi Commission merger
  • Report on the Economic Stimulus projects
  • Ongoing Activities

Exec. Director/CEO Ford presented special recognition awards to Janis Yuen, Manager, Internal Communications; Frank Lau, Unit Engineer, Electrical Engineering; Steve Lee; Manager, Special Projects; Rolando Mendoza, Supervisor, Automotive Service Worker, Flynn Division; and Aklilu Teffera, Transit Operator, Presidio Division.

Exec. Director/CEO Ford discussed an incident at the Woods Division on February 18; introduced James Dougherty, Chief Safety Officer/Director of Transportation Safety and announced that the Transit Effectiveness Project team was awarded a Public Management Excellence Award by the Municipal Fiscal Advisory Committee.

Jack Fleck, City Traffic Engineer reviewed a proposal to turn Hayes Street into a two-way street between Van Ness and Gough. 

Christiane Hayashi, Director of Taxi & Accessible Services reported on the status of the SFMTA-Taxi Commission merger. 

Debra Johnson, Chief of Staff/Director of Administration presented an update on the economic stimulus projects. 

Chairman Nolan noted that the SFMTA Board was willing to streamline the process for ARRA contracts and asked staff to let the Board know if there were other ways in which the Board could assist staff in moving these contracts forward quickly. 

PUBLIC COMMENT:

Barry Taranto suggested that the SFMTA honor people in the taxi industry, police department or employees at the airport such as the officer at the airport who helps keep the business safe.  Mr. Taranto expressed concern about how information about the town hall meetings is being disseminated. Taxi companies may not get the info out to the drivers.  The SFMTA should pay someone to go to the airport to distribute info there.   He is also concerned about how medallions and A-cards are being approved.   Approval of those items should appear on the Board agenda.

Irwin Lum, President, TWU-Local 250-A apologized for the disruption at the Woods Division and stated that TWU Local 250-A doesn’t condone what happened. 

Emil Lawrence objects to the use of the word “merger” when talking about the Taxi Commission.  He stated it’s a hijacking.  There should be open hearings about what’s going on in the industry regarding permits, investigations, and when taxi drivers will get $27 per hour.

Mark Gruberg, UTW, stated that not every proposal will be about the medallions.  UTW is working on several proposals to help taxi drivers.  Mr. Gruberg stated that while two-way streets are generally more pedestrian friendly, Hayes Street is different.   Having a constant line of traffic waiting to turn left will not improve the streets’ environment. 

Carl Macmurdo stated that the taxicab industry is private.  He stated that he was delighted to have board members who have professional transit experience.

Naeem Malik stated that the merger is a good step toward making a better life for taxi drivers.  Drivers need better wages, health care and benefits.  Regarding the proposal to sell medallions Mr. Malik wondered about the drivers who have been driving cabs for many years and who have owned medallions for many years.  The city needs more medallions.

Martin Smith, Luxor Cab, stated that they are looking forward to the merger and working with the SFMTA.  People went crazy when the proposal to sell medallions was announced.  If we work together, we can do many good things.

8. Citizen’s Advisory Council Report

No report.

9.  Public Comment

Chairman Tom Nolan reviewed the Mayor’s Policy on Discrimination.

Barry Taranto suggested that Sgt Reynolds provide a staff report at SFMTA Board meetings.  It’s important to know what the police department is doing with regards to enforcement and illegal activities.  The 24-Divisadero line has bunched buses.  This problem needs to be solved.  The city needs more buses in the evening.  Other commissions provide board binders at their meetings and one should be available at this meeting. 

Emil Lawrence stated that the SFMTA seems to be immune from what’s going on.  Unemployment has reached 10%.  The Mayor has told other city departments to cut their overhead but the SFMTA hasn’t done anything.  Income is down forty percent for London taxi drivers.  The SFMTA Board should start thinking about driver wages.  SFMTA salaries are in the stratosphere.  Overhead should be cut by 25% by knocking down salaries. 

Cosimo Spera, Zipidy, stated that his company has been participating in the “pay by cell” pilot project. This program has been a great success. Expanding the program city-wide will result in additional revenue without additional cost to the city.

Chris Apicella discussed the lighting at the Presidio Yard.  As a neighbor, the lights are glaring.  Mr. Apicella asked staff to alleviate this problem for their neighbors.  He also discussed the high-pitched beeping noise buses make when turning right.  The sound is loud and can be heard a block away.   He requested that the SFMTA consider the quality of life of their neighbors without sacrificing public safety.

Naeem Malik stated that the cab system is broken but could be fixed if medallion holders were required to pay $1500 to the city.  The city could use the money to provide benefits, workers compensation and centralized dispatch to cab drivers.   He urged the Board to reduce the gate fee to $75 per shift because taxi drivers are hurting financially.   No one should be exempt from the driving requirements.

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. Ferdinand Feria vs. CCSF, Unlitigated Claim #803644 filed on 6/30/08 for $9,500
  2. Paramount Apartments vs. CCSF, Unlitigated Claim #901006 filed on 10/7/08 for $10,021.10

RESOLUTION 09-034

(10.2) Approving the following traffic modifications:

  1. ESTABLISH - LEFT LANE MUST TURN LEFT - Haight Street, eastbound, between Buchanan and Laguna Streets.
  2. ESTABLISH - TOW-AWAY NO STOPPING ANYTIME - Fell Street, south side, from 150 feet to 200 feet east of Masonic Avenue to lengthen the left turn lane.
  3. ESTABLISH - Residential Permit Parking Area "X" (4-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY - Tennessee Street, between 22nd and Tubbs Streets; Minnesota Street, between 19th and 20th Streets; Minnesota Street, between 20th and 22nd Streets; 19th Street, between Minnesota and Tennessee Streets; 20th Street, between Pennsylvania Avenue and Iowa Street; 22nd Street, between Minnesota and Tennessee Streets; Minnesota Street, at 22nd Street.
  4. ESTABLISH - No Parking Anytime - Larkin Street, east side, from Francisco Street to 65 feet northerly.  
  5. RESCIND - Tow-Away, No Stopping, 9 AM to 9 PM Everyday and ESTABLISH - Tow-Away, No Stopping, 8 AM to 9 PM Everyday - Masonic Avenue, west side, from 120 to 380 feet north of Geary Boulevard.
  6. ESTABLISH - Residential Permit Parking Area "T" (2-HOUR TIME LIMIT, 8 AM - 3 PM, MONDAY THROUGH FRIDAY) - 99 Santa Rita Avenue, at San Marcos Avenue.
  7. ESTABLISH - STOP SIGNS - Ortega Street at 40th Avenue
  8. ESTABLISH - Residential Permit Parking Area "O" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - 17th Avenue, both sides, between Rivera and Santiago Streets.
  9. ESTABLISH - BLUE ZONE - “320” Benton Avenue, from 58-feet to 80-feet north of Justin Drive.
  10. REVOKE - 6-WHEEL TRUCK LOADING ZONE - “499” Bryant Street, at parking meter #’s 489 and 491. 
  11. ESTABLISH - BLUE ZONE - “499” Bryant Street, at parking meter # 491.
  12. ESTABLISH - 6-WHEEL TRUCK LOADING ZONE, 9AM TO 4PM, MONDAY THROUGH FRIDAY - 501 3rd Street, at parking meter # 501. 
  13. ESTABLISH - STOP SIGNS - South Hill Boulevard at Prague Street.  (Explanatory documents include a staff report and resolution.) (Bond Yee)

Item 10.2 C was removed from the agenda.

RESOLUTION 09-035

(10.3) Authorizing the Executive Director/CEO to approve the plans, specifications and bid call for Contract No. MR-1064: John M. Woods Motor Coach Facility Engine Dynamometer System for an amount not to exceed $264,000 and a term not to exceed 150 calendar days. (Explanatory documents include a staff report, resolution and financial plan.) (Ken McDonald)

RESOLUTION 09-036

(10.4) Authorizing the Executive Director/CEO to execute Contract Modification No. 4 to Contract No. 350, Procurement of Standard Low Floor Hybrid Electric Diesel Coaches with Daimler Buses North America, to replace the energy storage system and controls with a five-year battery warranty, at a cost not to exceed $2,520,000, for a total contract amount not to exceed $32,223,133.25.  (Explanatory documents include a staff report, resolution and contract modification.) (Ken McDonald)

RESOLUTION 09-037

(10.5) Authorizing the Executive Director/CEO to execute Contract Modification No. 2 to Contract No. 350-30 Procurement of 30-Foot Low Floor Hybrid Electric Diesel Coaches, with Daimler Buses North America, to replace the energy storage system and controls with a five-year battery warranty; delete special tools that are no longer needed, and purchase training modules, at a cost not to exceed $1,075,524, for a total contract amount not to exceed $18,250,293.80. (Explanatory documents include a staff report, resolution and contract modification.) (Ken McDonald)

RESOLUTION 09-038

Director Heinicke requested that item 10.2 F be severed so that he could be recused from voting.

On motion to approve the Consent Calendar (Item 10.2 C removed and F severed):

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

On motion to approve item 10.2 F:

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

REGULAR CALENDAR

11. Presentation and Discussion of the FY09 Q2 Service Standards Report. (Explanatory documents include a staff report.) (Debra Johnson)

Travis Fox, Manager, Strategy & Performance presented the staff report.

No public comment.

12. Presentation and discussion of the SFMTA’s Fleet Program.  (Explanatory documents include a slide presentation.) (Ken McDonald)

Ken McDonald, Chief Operating Officer/Director of Muni Operations presented the staff report.

No public comment.

13. Authorizing the Executive Director/CEO to advertise a Request for Proposals for the Operation and Management of Parking Facilities.  (Explanatory documents include a staff report, resolution and RFP.) (Amit Kothari)

Vice Chairman McCray commended staff for their hard work and requested that the item be continued to allow more time for staff to reach out to the community.

Amit Kothari, Director, Off-Street Parking, presented the staff report. 

Barbara Chance, Chance Management, discussed the report on Parking Authority business practices that her firm had provided to the Board last year. 

PUBLIC COMMENT:

Stan Bochniak, Five Star Parking, expressed support for the RFP and commended staff for their proactive approach towards getting input from potential bidders in advance.  It is a more efficient and effective way to manage facilities and will be best for San Francisco.

Kevin Wong, ABC Parking, stated that they disagree with the process.  Kevin Haggerty, former director of the Parking Authority Commission, designed the current process to develop and encourage small business.  His direction was to welcome and help small business owners.  The format for awarding bids that was followed back then was good and should be used.  There were many opportunities to participate.  Mr. Wong stated that he objects to the new process.  

John Newman, Central Parking, expressed support for the RFP and urged the Board to adopt it.  He commended staff on the thoroughness of their outreach efforts.  The City and County of San Francisco needs to improve the efficiency, quality and performance of city garages.  He welcomes an open, competitive and responsible bid process. 

Marc Gleason, Teamsters Local 665, stated that the Chance Report was a breath of fresh air.  Local 665 fully supports the long overdue RFP.  Garages are a public asset and his diverse membership is prepared to protect that asset.  During recent contract negotiations, Local 665 committed to total adherence to revenue controls.  This RFP will be beneficial to his membership, new operators and to the City.  Transparency should be the rule of the day.

At the request of Vice Chairman McCray, Chairman Nolan continued item 13 to the April 7, 2009 meeting.

Item 13 was continued to the April 7, 2009 meeting.

14. 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 5:20 p.m.

2.  Roll Call

Present:  

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

Also present:

  • Nathaniel Ford, Executive Director/CEO
  • Roberta Boomer, Board Secretary
  • Julia Friedlander, Deputy City Attorney
  • Debra A. Johnson, Chief of Staff/Director, Administration
  • Ken McDonald, Chief Operating Officer/Director of Muni Operations
  • Caroline Celaya, Assistant Board Secretary

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:  

  1. Shun Yi and Don Leong Quan vs. CCSF, Superior Ct. #7464730 filed on 6/29/07 for $550,000

RESOLUTION 09-039

On motion to approve:

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

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

ADJOURN CLOSED SESSION AND RECONVENE OPEN SESSION - The closed session was adjourned at 5:22 p.m.

15. Announcement of Closed Session.

Chairman Nolan announced that the SFMTA Board of Directors met in closed session to discuss Quan vs. CCSF with the City Attorney.  The Board of Directors voted unanimously to settle the case.

16. 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 5:24 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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