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ORDER OF BUSINESS

1.  Call to Order

Chairman Nolan called the meeting to order at 1:03 p.m.

2.  Roll Call

Present: 

  • Cameron Beach
  • Cheryl Brinkman
  • Malcolm Heinicke – absent at Roll Call
  • Jerry Lee
  • 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 October 19, 2010 Special Meeting: unanimously approved (Heinicke-absent).

5.  Communications

Chairman Nolan requested that after the presentation of the Special Recognition Awards, the remaining items on the Executive Director’s Report be postponed until after the closed session. 

6.  Introduction of New or Unfinished Business by Board Members

Director Beach requested a report on the advertising program regarding windows that are covered with ads.

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

  • Special Recognition Award
  • Overview of Rail Service
  • Overview of incidents based on protected classes
  • Ongoing Activities

Exec. Director/CEO Ford recognized Neville Hunt, principle administrative analyst and Patricia Wu, senior administrative analyst, from the Transit Services division and Joe Crimoli, Mary Donovan and Reggie Smith, Employee Wellness, Administration, Taxis and Accessible Services Division.

Director Heinicke arrived.

Following closed session, the Board returned to the Executive Director’s Report. 

John Haley, director, Transit Services, presented an overview of subway service.

Virginia Harmon, manager, Equal Opportunity Office, presented an overview of incidents based on protected classes.

8. Citizens’ Advisory Council Report

Daniel Murphy, chairman, Citizen’s Advisory Council, presented the report. 

9.  Taxi Advisory Council Report

Chris Sweiss, chairman, Taxi Advisory Council, presented the report. 

PUBLIC COMMENT: 

Barry Taranto stated that Mr. Sweiss has done a great job as the elected chair of the Taxi Advisory Council.  The make up of the TAC is wonderful.  Mr. Taranto expressed concern regarding providing the TAC with adequate feedback and their process for taking public comment.  He is also concerned that the industry is seen as a cash cow rather than focusing on how to make it better for passengers and drivers. 

Chairman Nolan requested feedback regarding the temporary taxi stand at AT&T Park.

10. Public Comment

Bob Planthold stated that nothing has happened to a liability issue regarding buses that lack pull cords across the seats where seniors and people with disabilities sit.  This has been reported in the past but it continues to happen.  It only requires a simple visual inspection.  It doesn’t require a major purchase. 

Charles Rathbone expressed appreciation for the temporary cab stand at the ballpark and urged the SFMTA to make the stand permanent.  The Taxi Services division has had to cancel classes for new drivers.  While there is no immediate crisis, things can change quickly. 

Barry Taranto expressed hope that Director Brinkman learns how drivers make money.  The industry is semi-independent.   Taxi drivers aren’t employed by the city.  A ride on the 9 San Bruno bus was traumatic because of how the bus driver treated people.  Bus drivers need to ensure that everyone pays their fair share.  The cab stand at Third and King should be permanent. He expressed concern regarding representation from staff at an ISCOTT meeting.  

Mark Gruberg stated that millions of dollars are being funded through the MTC for an electric taxi project.  This project was put forward by private companies and seems to sidestep the regulatory process.  The SFMTA has had no input into it.  This could put 50-75 more cabs on the streets.  The person involved in the city’s clean air program who likely had a hand in this is now working for the private company that is promoting this deal. Credit card processing rules are highly unfavorable to drivers.  Drivers have to pay a five percent processing fee and yet the advertising revenue doesn’t go to them.  90 percent goes to cab companies and ten percent goes to a drivers’ fund.

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

11.  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.

(11.1) 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. Anne Thayer vs. CCSF, Superior Ct., #444325 filed on 8/23/05 for $1,000.00
  2. Moon Kim vs. CCSF, Superior Ct., #CGC09495285 filed on 12/17/09 for $30,000

RESOLUTION 10-136

(11.2) Approving the following traffic modifications:

  1. ESTABLISH – TOW-AWAY NO STOPPING ANYTIME – Loomis Street, west side, from Waterloo Street to 20 feet northerly; Loomis Street, west side, from Waterloo Street to 10 feet southerly; and Loomis Street, east side, from 26 feet south of Waterloo Street to 191 feet north of Waterloo Street.(Explanatory documents include a staff report and resolution.)   (Bond Yee)

RESOLUTION 10-137

(11.3) Approving amendments to Division II of the San Francisco Transportation Code to change the territorial limits included in Parking Meter Zone Three, establish Parking Meter Zone Five, and set applicable motorcycle parking meter rates within Parking Meter Zone Five. (Explanatory documents include a staff report, resolution and Transportation Code) (Terrie Williams)

RESOLUTION 10-138

(11.4) Approving amendments to Articles 300 and 500 of the Transportation Code, to impose restrictions for commercial passenger vehicles on certain street segments, fix penalties for violation of those restrictions, and make a technical correction and clarification. (Explanatory documents include a staff report, resolution and Transportation Code.) (Bond Yee)

Item 11.4 was severed from the Consent Calendar at the request of a member of the public.

PUBLIC COMMENT on Item 11.4:

Barry Taranto stated this should be a separate item on the agenda as it has created a lot of news in the past and is a big deal.  He wondered if taxi issues are involved and how this impacts commercial passenger vehicles.  There are an increasing number of company buses that drive on certain streets.

RESOLUTION 10-139

On motion to approve the Consent Calendar (Item 11.4 severed):

ADOPTED:  AYES – Beach, Brinkman, Heinicke, Lee, Nolan and Oka

REGULAR CALENDAR

12.  Presentation and discussion regarding the FY11 First Quarter Financial Report. (Explanatory documents include a slide presentation.) (Terrie Williams)

Terrie Williams, acting chief financial officer, presented the report. 

Director Brinkman requested that staff examine the idea of graduated fines in a calendar year. 

PUBLIC COMMENT:

Barry Taranto said that there are huge red flags.  The public deserves to know what happened to Sonali Bose.  There is a huge amount of money from medallion sales that is going into the SFMTA’s general fund.  It’s false to say that the SFMTA is under budget.  Taxis are budgeted differently.   PCO’s shouldn’t be removed from their beats for special service. The SFMTA should bill at the overtime rate for those events. PCO’s should be part of Bond Yee’s division.

Forrest Schmidt stated that the Board should remember the rich when considering new sources of revenue.  The rest of us are poor and struggling.  PCO’s have expressed concern that they’re being over dispatched to poor neighborhoods which leads to increased conflict with their neighbors.  The more access that the wealthy have to free tickets means they don’t pay tickets.  The SFMTA should find ways to get money from people who have it to subsidize public transit.  Bus drivers are being demonized for a problem that they didn’t create.

13.  Authorizing the Executive Director/CEO to enter into a Memorandum of Understanding with the 311 Call Center, Board of Supervisors, Building Inspection, Business and Economic Development, Central Shops, City Attorney’s Office, City Planning, Civil Service, Controller’s Office, District Attorney’s Office, Environment, Human Resources, Human Rights, Labor Standards Enforcement, Mayor’s Office, Police, Public Health, Public Works, Public Utilities, Purchasing, Real Estate, Risk Manager, Social Services, Tax Collector and Technology. (Explanatory documents include a staff report, resolution and MOUs.) (Terrie Williams)

PUBLIC COMMENT:

Barry Taranto stated that there is an MOU between Taxi Services and the SFPD regarding how to do enforcement.  He questioned whether it has been enforced and suggested it was being ignored or being enforced in a different way.  He questioned what actions could be taken if a department doesn’t cooperate.  There should be an agreement about what to do and how to enforce laws already on the books. 

RESOLUTION 10-140

On motion to approve:

ADOPTED:  AYES – Beach, Brinkman, Heinicke, Lee, Nolan and Oka

14. Presentation and discussion regarding the status of the Van Ness and Geary Bus Rapid Transit Projects.  (Explanatory documents include a slide presentation.) (Bond Yee) 

Tim Papandreou, deputy director, Sustainable Streets, presented the staff report.

PUBLIC COMMENT:

Tilly Chang, San Francisco Transportation Authority, expressed appreciation for the opportunity to present the cooperative work on these pioneering efforts.  This is an opportunity to transform public transit.  There is much enthusiasm and excitement around the project.  The region has been supportive.  Van Ness BRT has earned one of two slots in the FTA pipeline for regional priority. 

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.

RECESS REGULAR MEETING AND CONVENE CLOSED SESSION

CLOSED SESSION

1.  Call to Order

Chairman Nolan called the closed session to order at 3:00 p.m.

2.  Roll Call

Present: 

  • Cameron Beach
  • Cheryl Brinkman
  • Malcolm Heinicke   
  • Jerry Lee
  • Tom Nolan
  • Bruce Oka

Also present: Nathaniel Ford, executive director/CEO

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. Frank Jones v. CCSF, Superior Court, #CGC 08482131 filed on 11/20/08 for $250,000

RESOLUTION 10-141

On motion to approve:

ADOPTED:  AYES – Beach, Brinkman, Heinicke, Lee, Nolan and Oka

  1. Caroline Nguyen vs. CCSF, Superior Ct. #CGC10504537 filed on 10/12/10

Also present:

  • Roberta Boomer, board secretary
  • Julia Friedlander, deputy city attorney
  • Debra A. Johnson, director, Administration, Taxi and Accessible Services
  • John Haley, director, Transit Services
  • Bond Yee, director, Sustainable Streets
  • Reggie Mason, director, Safety and Training
  • Terrie Williams, acting director, Finance and Information Technology
  • Virginia Harmon, manager, Equal Opportunity Office
  • Brett Fletcher, intern, City Attorney’s Office
  • Bo Zheng, intern, City Attorney’s Office

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 removed from the agenda and 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:

  • Roberta Boomer, board secretary
  • Julia Friedlander, deputy city attorney
  • Debra A. Johnson, director, Administration, Taxi and Accessible Services
  • John Haley, director, Transit Services
  • Bond Yee, director, Sustainable Streets
  • Reggie Mason, director, Safety and Training
  • Terrie Williams, acting director, Finance and Information Technology
  • Virginia Harmon, manager, Equal Opportunity Office
  • Carole Stevens, attorney
  • Gina Roccanova, deputy city attorney
  • Brett Fletcher, intern, City Attorney’s Office
  • Bo Zheng, intern, City Attorney’s Office

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.

ADJOURN CLOSED SESSION AND RECONVENE OPEN SESSION - The closed session was adjourned at 4:40 p.m.

16. Announcement of Closed Session.

Chairman Nolan announced that the SFMTA Board of Directors met in closed session to discuss the Jones and Nguyen vs. CCSF cases with the City Attorney.  The Board of Directors voted unanimously to settle the Jones case but took no action with regard to the Nguyen case.  The Board also discussed labor negotiations and the performance evaluation of the ED/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.

ADJOURN - The meeting was adjourned at 5:13 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 Avenue, Suite 220, SF, CA 94102-6027 or the web site: sfgov.org/ethics.

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