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ORDER OF BUSINESS 1. Call to Order In the absence of Chairman Nolan, Vice Chairman Lee called the meeting to order at 1:15 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 PUBLIC COMMENT: Peter Witt stated that he wanted to comment on his public comments and on the order in which Item 9 was posted. People had to wait for two and a half hours to comment. They were only given one minute to speak after waiting for four hours. Regarding his comments, he talked about the schedule of town hall meetings and the scheduling of e-waybill and credit card fees. He said that they are a waste of time, energy and money. He wants these comments included in the minutes and the fact that Item 9 didn’t follow Item 8. On motion to approve the minutes of the May 3, 2011 Regular Meeting and May 10, 2011 Special Closed Session: unanimously approved (Nolan-absent). 5. Communications The Board Secretary stated that items related to the executive director and the appointment of a successor scheduled for discussion in closed session had been removed from the agenda. Vice Chairman Lee stated that when the time for the special order is reached, the item currently being discussed would be concluded and the Board would move to items 11 and 12. He apologized for any inconvenience. 6. Introduction of New or Unfinished Business by Board Members Director Brinkman requested that the Fell-Oak bikeway be scheduled for discussion at the next Policy and Governance Committee. 7. Executive Director’s Report (For discussion only)
Debra Johnson, Director, Taxis, Administration and Accessible Services “sunshined” the IBEW collective bargaining agreement. Sonali Bose, Chief Financial Officer presented the overtime report. John Haley, director, Transit Services presented the report on Nx Express service. Vice Chairman Lee requested a monthly update on the service. John Haley, director, Transit Services, presented the report on the speed in the Twin Peaks Tunnel. Director Heinicke requested a report on the replacement of the rail in the Eureka curve and what impact that may have on speed once the work is complete. Exec. Director/CEO Ford discussed the schedule for the Better Market Street Plan workshops; the Central Subway Risk Assessment workshop and the SFMTA-BART Interagency Agreement. PUBLIC COMMENT: David Pilpel expressed concern about the lack of operators for the Nx express service. This will impact other service and will increase the use of the reserve fleet. He questioned the source of funds and whether this is a trade off against other things. There is a limited market and this will have limited benefit. He has provided an alternative to staff which will not increase the cost or capacity. Herbert Weiner stated that one of the recommendations for increased service in the tunnel is to consolidate surface lines. This is a traditional MTA cop out. This has not resulted in increased service. Mr. Weiner proposed a solution of more cars, coaches and drivers. This will increase the speed of service. John Han stated that everything being done on Market Street is helpful. Traffic flows better. Future plans will improve movement for pedestrians, bicycles, taxis and public transit. 8. Citizens’ Advisory Council Report No report. 9. Public Comment Christopher Fulkerson expressed appreciation for voting for what he had suggested at the first town hall meeting. The issue of peak time medallions is a shadow on the motion. He urged the SFMTA to reconsider developing the open taxi access program. This will demonstrate good will and will solve many problems that will never be solved by issuing more medallions. Mark Gruberg stated that drivers got a $12.50 gate increase a few years back and of that, $5 was for a general gate increase and $7.50 was because cab drivers had to buy hybrid vehicles. They bought used hybrids that were close in cost to the old crown victorias. The $7.50 more than pays for itself and puts money in the cab company’s pockets as does the 5% in credit card fees. A gate increase isn’t needed. He questioned whether anyone was looking at the books of the cab companies. Herbert Weiner stated that consolidating traffic stops is meaningless and will stress the frail, elderly and sick. It will mean extra loading time and will accomplish nothing. For collective bargaining negotiations, the SFMTA hired a public relations man which is a waste of money. This money could have been used for buses, service or maintenance. He stated that the TEP focus groups should not be chaired by SFMTA personnel. They filter information and the report won’t be accurate. Mary McGuire stated that there are six wireless units in her cab with unknown radiation levels, There needs to be a moratorium on the installation of wireless mechanisms in cabs. It’s the SFMTA’s responsibility to test these devices. Ken Kublenzer expressed disappointment in the delay in the taxi meter increase. Adding the issue of peak time medallions will put this down the road. A small gate increase might be warranted and is likely inevitable. He is opposed to back seat credit card terminals. Passengers don’t have to wear a seat belt and these terminals have sharp corners. Cab drivers never had to pay a fee for credit cards in the past. John Han stated that there were volumes of tickets issued along the Embarcadero where they just send a ticket to the cab companies. Cab drivers are getting tickets for dropping off passengers so many cab drivers won’t pick up in front of the Ferry Building for fear of getting a ticket. Farmers Market employees are flagging taxis for market goers. That is the proper way to have relationships between taxis, farmers markets and people who want to catch cabs. David Pilpel stated that in the PCC cars weren’t the first cars to run in the Twin Peaks Tunnel. Some overtime is okay and is the best way to go but in the aggregate reducing unscheduled overtime requires training so more work can be done in straight time. Operations training should be moved under Transit Services. It should be integrated with transit operations. Tariq Mehmood urged the Board not to have meetings on e-waybills and peak time medallions together. There should be separate town hall meetings for them. The TAC was designed to help the cab company and medallion holders. Nobody knows who the three cab drivers are. They should be removed. Hansu Kim stated that half of the taxi fleet doesn’t service certain neighborhoods or take radio calls. That needs to change. He has never seen more illegal taxi cabs than there are today. This needs to be addressed immediately. Desoto can’t meet the current service demand. They have to turn down hundreds of calls a day. Other major companies are doing the same thing. He expressed support for open taxi access. Barry Korengold expressed support for open taxi access. It could take care of a lot of problems. There are no citizens on the TAC because this was created to get advice from the industry. The TAC constitution needs to be revisited as it is weighted on the side of companies and medallion holders. Citizens are being robbed by illegal cabs. Ace Washington stated that he has been monitoring activities in City Hall. He has been asked to work with Muni drivers and he would like to meet with Mr. Ford to discuss Mr. Ford’s vision. Walter Paulsen stated that people want to meet with Mr. Ford but it takes so long. The bus takes a long to come. He saw some drinking in the back of the bus and people doing graffiti. 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. Michael McCourt vs. CCSF, Superior Ct. #CGC1050512 filed on 1/4/11 for $36,665 RESOLUTION 11-062 (10.2) Authorizing the Executive Director/CEO to execute a one-year excess transit liability (catastrophic loss coverage)/general liability policy for FY 2012 with National Casualty Company and Endurance Risk Solutions for an annual premium of $2,418,990 and retroactively approving a premium payment of $2,433,000 to American Merchants Casualty Company and Everest National Insurance Company for FY 2011, for a policy with a $25,000,000 excess liability limit and a $5,000,000 self-insured retention level. (Explanatory documents include a staff report and resolution.) (Sonali Bose) RESOLUTION 11-063 No public comment. On motion to approve the Consent Calendar: ADOPTED: AYES – Bridges, Brinkman, Heinicke, Lee and Oka ABSENT – Nolan REGULAR CALENDAR SPECIAL ORDER – 1:30 PM 11. Authorizing a taxicab meter fare increase of $0.10 per 1/5th of a mile to $0.55 per 1/5 of a mile; a taxicab meter fare increase of $0.10 per minute of waiting time or traffic delay to $0.55 per minute; authorizing the creation of three new fares; a $2.00 radio dispatch fare for non peak periods that a driver may charge when responding to a dispatch request during non peak hours; a $3.00 peak time radio dispatch fare that a driver may charge during peak times (4:00pm-4:00am Thursday, Friday and Saturday nights); and a Fuel Surcharge of $0.10 per each minute of waiting or traffic delay time and $0.10 per 1/5 of a mile; and that the Board of Directors shall hold a hearing in fiscal year 2010-2011, and at least every other fiscal year thereafter, to determine whether to change taxi fares and the cap on gate fees. (Explanatory documents include a staff report, resolution and amendments.) (Sonali Bose) Board Secretary Boomer called Items 11 and 12 together. Christine Hayashi, deputy director, Taxi Services presented the report and the revised recommendations. At the request of Vice Chairman Lee, Chris Sweis, Chairman, Taxi Advisory Council, reviewed the recommendations of the Taxi Advisory Council. PUBLIC COMMENT: Solomon Testa stated that he opposes e-waybills. They are not necessary and are an invasion of privacy. If gross income is based on what is on shown on e-waybills, it will not show the people who don’t pay or when a credit card is declined. Taxi drivers will be punished for the actions of the ones who rob us. Mychael Monroe stated that they need the meter increase now but also understands the need to wait for certain reasons. Drivers can’t wait they have to pay their gas and gate fees now. She questioned why town hall meetings were held if the Board wasn’t going to act. Christopher Fulkerson stated that cab drivers aren’t paying their bills and there’s a degree of anger and cynicism about how well they are being represented. The action today isn’t a quarter of what is needed. If something isn’t done in the near future, the cynicism will be out of control. The Board won’t hear anger today because of the town hall meetings. There has been a 19 percent loss of income over the last several years. He stated that he hasn’t heard any reason against e-waybills that he likes. Mark Gruberg, UTW, stated that e-waybills are a separate topic and staff should be able to speak about it separately. It has been more than eight years since the last increase. It is inconceivable that any union would allow that. There has been a 19 percent increase in the cost of living. The gate fee has gone up by $12.50 and gas has increased by 150 percent. Even drivers who drive hybrids are paying substantially more for gas. Credit card fees are put on the backs of drivers. The single best thing that could be done for customer service is to give drivers a decent income, working conditions and benefits. John Han discussed e-waybills. The City should issue a formal statement and privacy disclosure stating the purpose of e-waybills, why the City wants to gather the information and how the information is going to be used. This disclosure is needed so third parties don’t get access to the information. If this information is subject to other government agencies such as Homeland Security it could it have an impact on the large middle-eastern contingency of drivers. Bijaya Manandhar stated that drivers haven’t had a raise. He requested that driver information be kept safe and expressed concerned that that won’t happen with e-waybills. A meter increase is important now. Brad Newsham stated that the fundamental problem is the relationship between the SFMTA and cab industry. It can best be described as cannibalism. The SFMTA made it clear from the beginning that they viewed the industry as a source of revenue. Taxi drivers have no benefits and the SFMTA has taken $10 million to fund a great boondoggle. Peter Witt stated that San Francisco could get a pricey ride. He questioned how the merger was going and stated that the SFMTA defines the word “dysfunctional”. He questioned why extra fees weren’t included and added that several other cities include them. The SFMTA wants to micromanage taxi drivers. Congestive pricing along with cab pooling is a “win-win” and the greenest thing that can be done. He wondered what service increase was in the pipeline. Peak time is not feasible for drivers or industry but is feasible for customers. John Lazar expressed support for a meter increase. There has been no meter increase since 2003, so this increase is necessary and warranted. Yellow Cab has invested millions into clean and energy efficient vehicles that puts more money in driver pockets. He expressed opposition to dispatch surcharges. Carl Macmurdo expressed appreciation for a favorable vote on item 12. With regard to Item 11, a biennial “gas and gate” review was subject to the consumer price index but it was allowed as advisory. Now cab drivers are in a desperate situation. The rate increases approved by the Taxi Advisory Council are the right increases to approve. He expressed understanding for the desire for improvements to customer service but added that drivers have no control over those problems. The Taxi Advisory Council will study peak time and open taxi access. Alok Dutt expressed support for the meter rate increase and urged the SFMTA to not take money from cab drivers. Cab drivers need relief now. There are many who are pushing us to strike if there is no action today. Ken Koblenzer stated that he was confused about what was happening and had not been told about the drop increase. He discussed other service improvements. The recommendation for the increase sounds right but it will be neutralized by the credit card fee. He noticed that the SFMTA’s website wasn’t secure when he was entering information to pay a ticket by a credit card. Qureshi stated that cab drivers need help now. They need the meter increase. The credit card fee is going into the pockets of banks. There are only three people in the taxi detail. There used to be 15. Don’t make us cry. Frank Fahy stated that there’s been a lot thrown at cab drivers in the past year and now the SFMTA is throwing e-waybills. Combined with all the other changes, it’s oppressive. He would like to go back to honorably driving a cab and not have to worry about being followed around. He doesn’t want to operate a computer. He urged the SFMTA to take a break and think about things for the next six months. Dean Clark stated that he was in an accident last year where the airbag didn’t deploy and the seatbelt was defective. The SFMTA is not focused on safety. The Board needs to hear from the drivers and about what’s going on in the streets. The Board has to decide today about the increase. The SFMTA should reinvest in the taxi industry. Ed Healy stated that what the Taxi Advisory Council came up with was just about right. There are two things in play, the gate increase and credit card charges. It is unconscionable to give taxi companies both of those things. One of the increases was for hybrid vehicles but those cars cost about the same now as other cars. John Lazar is overcharging drivers by $1 per hour. The Board should do one or the other. Roberto Campos spoke in support of the meter increase. The last meter increase was in 2003. Gas prices have increased. Cab drivers are no longer able to cope. During this same time, Muni fares increased from $1 to $2. David Pilpel stated that he reviewed the staff report that indicated that there would be a CEQA determination. He would like to know what the review is. The document was not provided in advance. He would like the opportunity to comment after he has reviewed the document. This is an unfair process. This is a significant increase in fees and fares. Tariq Mehmood stated that drivers have been crying about low wages and income for the past seven years. Ms. Hayashi hasn’t paid attention to the 7000 cab drivers, only to cab companies and medallion holders. The Taxi Advisory Council is full of medallion holders and cab companies who aren’t interested in passing a meter rate for drivers. The TAC should be disbanded and a different committee should be created to solve the problems. The meter increase is desperately needed. Johal Bhajan stated that Ms. Hayashi is being forced to do this. Something is wrong. Customers think that cab drivers need a raise and that cab drivers need help with increased gas prices. Bill Monroy stated that the Dept. of Weights and Measures is required to test and seal every taxi meter. It takes six months to do that. They have been waiting until there is a meter rate increase to do the work. Hansu Kim urged the Board to pass the meter rate increase. The meter rate was supposed to be adjusted by the consumer price index but that wasn’t done. He expressed appreciation to the SFMTA for listening to and working with the industry. There is strong support for a meter increase. There are fundamental flaws in the industry regarding customer service. The e-waybill should be put aside. Bill Mounsey stated that the list is not moving because of the medallion sales pilot program. This is about indirect racism. There has been nothing but conflict between drivers and city hall and nobody cares. Mary McGuire expressed hope that the deadline is pushed back. She expressed concern about microwave radiation from e-waybills. A car’s metal frame traps the radiation inside. All of the technology inside the cab needs to be tested for radiation as well as for cyber security. She questioned whether it was fair to cash customers to pay more because some customers want to use credit cards and what protection drivers have against a gate increase. Zuhir Sinada stated that although cab drivers try to come to every meeting, the Board looks at the ceiling and votes in favor of the suits. The SFMTA is trying to keep cab drivers quiet by giving them a meter increase but they are ignoring the illegal credit card charges. The “suits” are waiting for you to approve the meter increase so they can increase the gates. Cab drivers are exposed to radiation because of the devices in the cabs. Saam Aryan questioned how anybody could claim that e-waybills are useful for statistics and for service. Senior cab drivers can provide all the statistics. He questioned whether the information gathered by e-waybills will be safe because people and organizations aren’t perfect. Tone Lee stated that he carried a guy who was so drunk he spit on his windshield and he couldn’t do anything. Cab drivers can’t afford to lose when they ask for things. People like to be in a taxi exclusively. Muni should put big televisions in the buses. More can be done with the meter increase. It should be made $3.55 and the SFMTA should increase the clicks from five to eight times per mile. Stewart Seligson wondered what status cab drivers have any longer and whether they are businessmen. Cab drivers used to get a receipt from the Tax Collector but it hasn’t arrived this year. If cab drivers are independent businessmen, then he is not sure that they can be forced to accept e-waybills or take a discount for credit cards. It is important to get this straightened out. Davinderjit Singh discussed electronic waybills. Cab drivers are always being examined. Waybills are scanned. It’s stressful while driving to keep the fares straight. The implementation of e-waybills will result in the loss of good drivers. He urged reconsideration. On motion to continue Item 11 to the June 21st meeting when the Board would also consider a proposal for peak time taxis; an increase in the flag drop; a meter increase for wait time and mileage and credit card charges: AYES – Bridges, Brinkman, and Heinicke NAYES - Lee and Oka ABSENT – Nolan The motion failed adoption. RESOLUTION 11-064 On motion to approve the meter rate for wait time and mileage, not to be implemented until an additional resolution is brought to the Board on June 21st regarding peak time taxis and increasing the flag drop rate: ADOPTED: AYES - Bridges, Brinkman, Heinicke, Lee and Oka ABSENT - Nolan 12. Amending San Francisco Transportation Code, Division II to remove the specific deadline for implementation of electronic waybills. (Explanatory documents include a staff report, resolution and amendments.) (Sonali Bose) Sonali Bose, Chief Financial Officer, presented the staff report and the revised staff recommendations. RESOLUTION 11-065 On motion to approve: ADOPTED: AYES – Bridges, Brinkman, Heinicke, Lee and Oka ABSENT - Nolan 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. PUBLIC COMMENT: David Pilpel stated that the Central Subway is a bad transit project. With regard to the EEO complaint, it seems that someone was responsible for the conduct that led to this complaint and settlement. That person should be held accountable and be disciplined or terminated. On motion to invoke the attorney-client privilege: unanimously approved (Nolan-absent). RECESS REGULAR MEETING AND CONVENE CLOSED SESSION CLOSED SESSION 1. Call to Order Vice Chairman Lee called the closed session to order at 5:08 p.m. 2. Roll Call Present:
3. 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; TWU and Local 200 To discuss: _X_ Wages _X__ Hours _X__ Benefits _X__ Working Conditions _X__ Other Also present:
4. Pursuant to Government Code Section 54956.8 and Administrative Code Sections 67.8 (a) (2) and 67.12 (b) (1), the Municipal Transportation Agency Board of Directors/Parking Authority Commission will meet in closed session to discuss real estate negotiations: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Properties:
Persons negotiating:
Parties negotiating:
Also present:
On motion to authorize the Executive Director/CEO to execute the Purchase Agreement with Norman P. Chan Inc. for the acquisition of the property at 933-949 Stockton Street, San Francisco and consummate the transactions contemplated in the Purchase Agreement, including the assumption of the existing Property Management Agreement between Norman P. Chan, Inc. and Hogan & Vest, Inc. RESOLUTION 11-066 ADOPTED: AYES – Bridges, Brinkman, Heinicke, Lee and Oka ABSENT - Nolan On motion to authorize payment of $225,640 to W.A. Sheh Inc. as total compensation for the value of the loss of goodwill and the non-moveable fixtures of San Sun Restaurant resulting from the condemnation of the Property at 933-949 Stockton Street, San Francisco. RESOLUTION 11-067 ADOPTED: AYES – Bridges, Brinkman, Heinicke, Lee and Oka ABSENT - Nolan On motion to authorizing a payment of $30,000 to Joy Hing BBQ Corporation as total compensation for the value of the loss of goodwill of Joy Hing BBQ Noodle House resulting from the condemnation of the Property at 933-949 Stockton Street, San Francisco. RESOLUTION 11-068 ADOPTED: AYES – Bridges, Brinkman, Heinicke, Lee and Oka ABSENT - Nolan 5. 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. Mary Ellen O’Brien vs. CCSF, EEO File #10288 filed on 10/8/10 and 12/17/10 for $100,000 RESOLUTION 11-069 On motion to approve: ADOPTED: AYES – Bridges, Brinkman, Heinicke, Lee, Nolan and Oka Also present:
6. Pursuant to Government Code Section 54957.6 and Administrative Code Section 67.10 (e), the Municipal Transportation Agency Board shall meet in closed session for: CONFERENCE WITH LABOR NEGOTIATOR – UNREPRESENTED EMPLOYEE SFMTA Representative: Tom Nolan, Chairman, SFMTA Board of Directors Employee: Nathaniel P. Ford, Sr., Executive Director/CEO Contract: Appointment and Compensation Employment Agreement:
To discuss: _X_ Wages _X__ Hours _X__ Benefits _X__ Working Conditions _X__ Other The item was removed from the agenda and was not discussed. 7. 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 The item was removed from the agenda and was not discussed. ADJOURN CLOSED SESSION AND RECONVENE OPEN SESSION - The closed session was adjourned at 5:49 p.m. 14. Announcement of Closed Session. Vice Chairman Lee announced that the SFMTA Board of Directors met in closed session to discuss O’Brien vs. CCSF with the City Attorney. The Board of Directors voted unanimously to settle the case (Nolan-absent). The Board also discussed labor negotiations but took no action. With respect to real estate, the Board unanimously voted (Nolan-absent) to approve payment of $225,640 to W.A. Sheh as total compensation for the value of the loss of goodwill and the non-moveable fixtures of San Sun Restaurant and payment of $30,000 to Joy Hing BBQ Corp. as total compensation for the value of the loss of goodwill of Joy Hing BBQ Noodle House. 15. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved (Nolan-absent). ADJOURN - The meeting was adjourned at 5:50 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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