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ORDER OF BUSINESS 1. Call to Order
Chairman McCray called the meeting to order at 2:02 p.m. 2. Roll Call Present: Cameron Beach Shirley Breyer Black Jerry Lee James McCray, Jr. Tom Nolan Bruce Oka Absent: Malcolm Heinicke – with notification 3. Announcement of prohibition of sound producing devices during the meeting. Chairman McCray 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 May 6, 2008 Regular Meeting: unanimously approved (Heinicke-absent). 5. Communications None. 6. Introduction of New or Unfinished Business by Board Members Vice Chairman Tom Nolan stated that Chief Financial Officer Sonali Bose provided a report on the Lifeline Pass at the Policy and Governance Committee meeting. The committee requested that staff improve distribution of the Lifeline pass, revisit the work order and price, and hold a hearing to solicit input from the public. 7. Executive Director’s Report (For discussion only) -Ongoing Activities Carter Rohan, Acting Executive Director, reviewed the service plan for the “Bay to Breakers” race. Mr. Rohan also reported on the service plan for the Black & White Ball, which will be held on Saturday, May 31. Mr. Rohan stated that there will be 17 teams competing in the upcoming American Public Transportation Associations’ Rail Rodeo which will be held on May 31 at Muni Metro East. APTA’s Rail Conference will be held on June 1 – 4. The SFMTA will present a host session on June 1. Speaker of the House Nancy Pelosi and Mayor Newsom will address the conference. Deputy Chief Antonio Parra, Director of Security and Enforcement, presented a report on assaults on Parking Control Officers. He stated that there is no correlation between assaults and increases in fines. Conflict resolution training is provided to all new hires. Murray Bond, Manager, Strategic Communications, stated staff has been discussing a comprehensive communications plan that will address safety issues for pedestrians, cyclists, riders, employees, drivers, etc. PUBLIC COMMENT: Terri Feeley, SF Works, stated that people who want to take advantage of the Lifeline pass have to take off work every month to get their pass in person, with cash at only three locations in the city. These locations are open during the time when most people are employed. Less than six percent of eligible residents currently take advantage of the program. The demand for the pass will increase should fares increase. The pass is incompatible with the pre-tax commuter-check program. Increasing the accessibility and the relevance of the Lifeline pass should be a priority. Razzu Engen, Tenderloin Housing Clinic, expressed appreciation that the Board has directed staff to make improvements to the Lifeline pass. He expressed hope that improvements are in place well before the fare increase goes into effect. Staff should make sure that the program is useful for transit-dependent people. Emil Lawrence stated that issuing a citation is a two-sided event. The only time he has had a problem was when the citation issuer didn’t have a sense of diplomacy. It is a big problem when someone gets a citation that you feel is unmerited and the Parking Control Officer flips you a finger and tells you to take it to the judge. 8. Citizen’s Advisory Council Report No report. 9. Public Comment
Herbert Weiner stated changes to the 2-Clement line will affect the disabled and handicapped. They will have a hard time walking to the 1-California or the 38-Geary. This shows contempt for the aged, ill and severely handicapped. The TEP must have corrective procedures in case things go wrong. Charlie Sciammas, PODER, stated that the SFMTA protects the city’s health and oversees the leading cause of pollution in the city. Diesel exhaust is one quarter of the city’s pollution. All communities are not experiencing pollution equally. The Excelsior district has the highest number of asthma, heart conditions, and lung problems. Truck traffic should be rerouted off our streets. Hybrid buses should be reallocated to operate in the southeast corridor. Mr. Sciammas requested that the Board schedule a follow up hearing regarding the solutions. Lucy Sanchez stated that she has had cancer for eight years. It’s important to work together to make sure that the community is free of pollution. PODER conducted a survey and 47% of the residents say they smell pollution in front of their homes. Our research shows that over 10% of the traffic in the neighborhood is large trucks and buses. Mayra Alvarenga, PODER, stated that they are united to have a healthy and safe environment. The Excelsior neighborhood has many diesel buses. They request cleaner buses. In order to develop solutions, we need a community process. Ms. Alvarenga expressed hope that the SFMTA will take the lead. Carlos Lorenzo stated that he has had to wait for an hour for a diesel bus that pollutes the environment. He suffers from asthma and bronchitis. Mr. Lorenzo hopes that the SFMTA will deploy non-polluting buses to areas that are most in need. Emily Lee, Chinese Progressive Association, stated environmental racism has been going on for decades and needs to be addressed in the entire southeast sector of San Francisco. The SFMTA can regulate what goes through the neighborhood. Ms. Lee urged the SFMTA to prioritize clean buses in neighborhoods. Natalie Gee, Chinese Progressive Association, stated that they have documented environmental hazards in the southeast sector of the city. The SFMTA has a choice about where you deploy clean-air buses. She urged the SFMTA Board to prioritize clean buses in the southeast sector neighborhoods; to take trucks off residential streets and enact policies that protect the health of residents. Cristina Carrasquillo, Green Action for Environmental Health & Justice, stated that they are working to reduce diesel pollution and the impact of diesel exhaust on the community. She is reaching out to make people aware of the health risk of buses and trucks that idle. Ms. Carrasquillo expressed support for PODER’s efforts to reroute trucks. The Bayview Hunters Point area is another community that is impacted heavily by pollution. Linda Weiner, American Lung Association, expressed support for residents in their quest to reduce air pollution in urban areas. Air pollution causes a number of diseases and trucks are the number one source of soot in the city. The highest number people who are hospitalized for asthma are in the southeast sector. The most vulnerable are the children and the elderly who comprise 40% of the residents in the Excelsior. Vice Chairman Nolan requested that staff involve community groups upfront and that the issue be brought back to the Board for a public hearing. Acting ED Rohan stated that the SFMTA is highly interested in working with PODER and will hold a meeting with them and others to see how the SFMTA can contribute to a better environment. The item will be brought back to the Board. 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 Municipal Transportation Agency Board and will be acted upon by a single vote. There will be no separate discussion of these items unless a member of the Board 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. Pacific Specialty Ins. vs. CCSF, Superior Ct. #CGC07468166 filed on 10/15/07 for $2,594.85 B. Xiangmin Li vs. CCSF, Superior Ct. #462488 filed on 4/18/07 for $7,000 C. Westfield Metreon vs. CCSF, Unlitigated Claim #802768 filed on 4/10/08 for $18,108.83 D. KGO TV vs. CCSF, Superior Ct. #7507028 filed on 2/13/07 for $30,000 E. Vladelen Grinberg vs. CCSF, Superior Ct. #446060 filed on 10/26/05 for $73,000 RESOLUTION 08-078
(10.2) Approving the following traffic modifications: A. RESCIND - NO PARKING ANYTIME AND ESTABLISH - TOW-AWAY, NO STOPPING EXCEPT FOR BUSES - Collingwood, west side from 19th Street to 135 feet southerly. B. ESTABLISH -25-MPH SPEED LIMIT –Masonic Avenue, from Geary Boulevard to Oak Street. C. ESTABLISH - STOP SIGNS – Divisadero and Jefferson Streets, stopping Divisadero Street at Jefferson Street AND 24th and Hoffman Streets, stopping 24th Street. D. ESTABLISH - TOW-AWAY, NO STOPPING ANYTIME - Steiner Street, west side, from Sacramento Street to the north line of the driveway for 2601-03 Sacramento Street AND Steiner Street, east side, from California Street to the south line of the driveway for 2490 California Street. E. ESTABLISH -RED (NO PARKING ANYTIME) ZONES –Holloway Avenue, south side, from Monticello Street to 20 feet easterly AND Holloway Avenue, south side, from Monticello Street to 23 feet westerly. F. RESCIND - 1-HR PARKING, 7 AM TO 6 PM, EXCEPT SUNDAY AND ESTABLISH -RESIDENTIAL PERMIT PARKING AREA "C", 2-HR PARKING, 8 AM TO 4 PM, MONDAY THROUGH SATURDAY –Sutter Street, south side, between Leavenworth and Larkin Streets. G. RESCIND - 1-HR PARKING, 7 AM TO 4 PM, EXCEPT SUNDAY AND ESTABLISH RESIDENTIAL PERMIT PARKING AREA "C”, 2-HR PARKING, 8 AM TO 4 PM, MONDAY THROUGH SATURDAY - Sutter Street, north side, between Leavenworth and Larkin Streets. H. INSTALL - SPEED HUMPS –Richland Avenue, between Murray and Leese Streets AND Richland Avenue, between Andover and Murray Streets. (Explanatory documents include a staff report and resolution.) (Bond Yee) RESOLUTION 08-079 (10.3) Authorizes the Executive Director/CEO to issue a Request for Proposals for Armed and Unarmed Security Services, to select the highest-ranking proposer and negotiate a Contract with the selected proposer for a three-year term. (Explanatory documents include a staff report, resolution and RFP.) (Sonali Bose) RESOLUTION 08-080 (10.4) Authorizing the City of San Francisco Downtown Parking Corporation to extend the operating agreement for the Fifth and Mission Garage with Ampco System Parking on a month-to-month basis, for a term not to exceed May 31, 2009. (Explanatory documents include a staff report and resolution.) (Amit Kothari) RESOLUTION 08-081 (10.5) Authorizing the Executive Director/CEO to execute the Actuarial Study Agreement with Milliman, Inc., with a contract term of three years and a total contract amount not to exceed $206,830 with an option to extend the Agreement for a maximum of two one-year terms. (Explanatory documents include a staff report, resolution and agreement.) (Sonali Bose) RESOLUTION 08-082 (10.6) Authorizing the Executive Director/CEO to execute the Second Amendment to the Agreement with MuniFinancial for analysis of possible transit fees and to extend the term of the contract from May 22, 2008 through December 31, 2008. (Explanatory documents include a staff report, resolution and agreement.) (Sonali Bose) RESOLUTION 08-083 No public comment. On motion to approve the Consent Calendar: ADOPTED: AYES – Beach, Black, Lee, McCray, Nolan and Oka ABSENT - Heinicke REGULAR CALENDAR 11. Public Hearing and action to authorize the Executive Director/CEO to establish and approve special event parking rates at various off-street parking facilities subject to certain conditions including that: the rate may be available to the general public or limited to attendees of a special event sponsored by or benefiting a not-for-profit, charitable organization, or association; attendees may be required to present appropriate evidence documenting the users’ attendance at the special event; the parking facility must be within one-half mile of the event site; the rate must not breach any contractual obligations or City rules and regulations; the rate must be in effect only on the day(s) and time(s) of the special event; the rate must be a flat fee per vehicle per entry between the range of $5 to $40 per day; the rate for motorcycles shall be $2 per entry per day; all other applicable fees and charges shall apply; various factors must be considered when deciding an appropriate rate for a particular event; and the rate must not exceed fourteen consecutive days without prior approval from the SFMTA Board. (Explanatory documents include a staff report and resolution.) (Amit Kothari) PUBLIC COMMENT: David Pilpel stated that notice about the rates should have been posted in the SFMTA’s off-street parking facilities. He about the different approach to rate-setting and stated that the SFMTA Board has the authority to set rates and fees which may not be a power that is delegable to staff. If it is delegable, Mr. Pilpel stated that he was not sure that it should be. RESOLUTION 08-084 On motion to approve: ADOPTED: AYES – Beach, Black, Lee, McCray, Nolan and Oka ABSENT - Heinicke 12. Authorizing the Executive Director/CEO to execute a contract with Cubic Transportation Systems for the refurbishment of the fare box system, including the fare boxes, computer hardware and software and manage the fare boxes and provide support services, for a term not to exceed 26 months and an amount not to exceed $19,000,000; and execute software and other technology license agreements with Cubic as necessary for the full implementation of the project at no additional cost. (Explanatory documents include a staff report, resolution and contract.) (Kenneth McDonald) Kenneth McDonald, Chief Operating Officer, Muni Service Delivery, presented the staff report. Vice Chair Nolan asked staff to provide additional analysis of the options including refurbishment vs. a new system; costs and validate the warranty issue. PUBLIC COMMENT: John Satterfield, CUBIC, stated that CUBIC is the provider of the existing fare box system and owns the intellectual property for the fare boxes which they license to transit systems. People don’t bid on refurbishing another company’s product because they don’t own the design. David Pilpel expressed concern about the level of operating support to maintain the equipment after the warranty period. He asked if staff could repackage the RFP to either repair or replace equipment as long as they use the existing structure and it is a registering fare box. Mr. Pilpel stated that he was not sure if $1.4-1.6 million was necessary for engineering. Emil Lawrence stated that 90% of the people who board don’t use the fare box. They use a pass. The design of the fare box is electro-mechanical. It doesn’t make sense to put new equipment in because no new technology is going to solve the SFMTA’s problems. On motion to continue the item to the June 17 meeting: ADOPTED: AYES – Beach, Black, Lee, McCray, Nolan and Oka ABSENT - Heinicke 13. Authorizing the award of Contract No. MR-1216, Geneva Historic Car Enclosure Project to Shimmick Construction Co. Inc., in an amount not to exceed $6,935,000. (Explanatory documents include a staff report, resolution and contract.) (Carter Rohan) Shahnam Farhangi, Acting Deputy Director, Transportation Development, provided a description of the contract. PUBLIC COMMENT: David Pilpel stated that this project is long overdue. Local 21 concerns are important. Mr. Pilpel inquired about CEQA review as it was not referenced in the staff description. He added that covered storage will be needed at Muni Metro East or there will be more vehicle deterioration. The sooner we get this canopy project built at Geneva, the better. Vice Chairman Nolan expressed concern regarding the lack of approval by the Civil Service Commission and moved that the item be continued in order to vet the item with the unions and secure approval from the Civil Service Commission. On motion to continue the item to the June 17 meeting: ADOPTED: AYES – Lee, Nolan and Oka NAYES - Beach, Black, and McCray ABSENT - Heinicke The motion failed adoption. On motion to approve the contract: RESOLUTION 08-085 ADOPTED: AYES – Beach, Black, McCray, Lee and Oka NAYES - Nolan
ABSENT – Heinicke 14. Authorizing the Executive Director/CEO to execute Contract Amendment #3 to the Consulting Agreement for Workers’ Compensation Bill Review with David Donn Consulting for an amount not to exceed $250,000 per year, retroactive to July 1, 2007. (Explanatory documents include a staff report, resolution and amendment.) (Vicki Rambo) No public comment. RESOLUTION 08-086 On motion to approve: ADOPTED: AYES – Beach, Black, Lee, McCray, Nolan and Oka ABSENT - Heinicke The SFMTA Board of Directors recessed the meeting and convened the Parking Authority Commission meeting. Upon adjournment of the Parking Authority Commission meeting, the SFMTA Board reconvened their meeting. 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 (Heinicke-absent). RECESS REGULAR MEETING AND CONVENE CLOSED SESSION CLOSED SESSION 1. Call to Order Chairman McCray called the closed session to order at 5:00 p.m. 2. Roll Call Present: Cameron Beach Shirley Breyer Black Jerry Lee James McCray, Jr. Tom Nolan Bruce Oka Absent: Malcolm Heinicke – with notification Also present: Carter Rohan, Acting Executive Director Roberta Boomer, Board Secretary Julia Friedlander, Deputy City Attorney Kenneth McDonald, Chief Operating Officer Vicki Rambo, Director, Human Resources 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. Shane Johnson vs. CCSF, Superior Ct. #458926 filed on 12/20/06 for $117,500 RESOLUTION 08-087 On motion to approve: ADOPTED: AYES – Beach, Black, Lee, McCray, Nolan and Oka ABSENT - Heinicke B. Amalia Risco & Martha Calderon vs. CCSF, Superior Ct. #468840 filed on 11/2/07 for $555,000 RESOLUTION 08-088 On motion to approve: ADOPTED: AYES – Beach, Black, Lee, McCray, Nolan and Oka ABSENT - Heinicke 4. Pursuant to Government Code Section 54957.6(a) and Administrative Code Section 67.8, the Municipal Transportation Agency Board of Directors shall meet in closed session for: CONFERENCE WITH LABOR NEGOTIATOR CCSF Representative: Vicki Rambo and/or her designees
Employee Organizations:
TWU, Local 250-A
To discuss: _X_ Wages _X__ Hours _X__ Benefits _X__ Working Conditions _X__ Other ADJOURN CLOSED SESSION AND RECONVENE OPEN SESSION – The closed session was adjourned at 5:17 p.m. 16. Announcement of Closed Session. Chairman McCray announced that the SFMTA Board of Directors met in closed session to discuss the Johnson and Risco/Calderon cases with the City Attorney. The Board of Directors voted unanimously to settle the cases. The Board also met for a conference with their labor negotiator. There was no action taken. 17. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved (Heinicke-absent). ADJOURN – The meeting was adjourned at 5:19 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; 30 Van Ness Ave., Suite 3900, SF, CA 94102-6027 or the web site: sfgov.org/ethics. |
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