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ORDER OF BUSINESS

1.  Call to Order

Chairman Nolan called the meeting to order at 10:05 a.m.

2.  Roll Call

Present:          

• Cameron Beach
• Cheryl Brinkman
• Malcolm Heinicke         
• 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 September 7, 2010 Regular Meeting: unanimously approved.

On motion to approve the minutes of the September 21, 2010 Special Meeting: unanimously approved.

5.  Communications

Board Secretary Boomer stated that the anticipated litigation and the performance evaluation of the Executive Director in closed session had been removed from the agenda at the request of staff.

6.  Introduction of New or Unfinished Business by Board Members

Director Heinicke requested a proposal and timeline regarding peak time taxicabs.  He also requested a hearing regarding recent service interruptions in the subway.

In response to a comment by Director Brinkman, Exec. Director/CEO Ford stated that he would provide information regarding the SFMTA’s traffic calming efforts, particularly for Monterey Blvd.

Director Oka commented that ramped taxis are getting ticketed and are not being allowed to drop off disabled patrons at AT&T Park. 

PUBLIC COMMENT:

Mark Gruberg inquired as to why King Street couldn’t be used for a taxi stand.   Dropping off people with disabilities on Second or Third Streets leaves them with a long walk.  Regarding peak time taxis, he stated that the need for a hearing is clearly stated in the rules.  If more permits are to be issued, there must be a hearing.  He also discussed the program to add 50-100 electric vehicles to be used as taxis.  The program is apparently completely decided, but only Yellow Cab is involved.  There has been no public process about it.

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

• Special Recognition Award
• Ongoing Activities

Executive Director/CEO Ford presented Special Recognition Awards to Glenda Lavigne, transit fare inspector, Transit Services and James Flores, transit fare inspector, Transit Services.

Chairman Nolan asked the Board Secretary to call Item 11. He stated that the Board would return to the ED Report following completion of Item 11.

Exec. Director/CEO Ford and Chief John Murphy discussed how the SFMTA responds to hate crimes including how staff is trained. 

Carter Rohan, senior director, Capital Projects and Construction reviewed the status of the automatic fare collection project including the installation of new fare gates. 

Exec. Director/CEO Ford, discussed phase two of the Limited Performance Audit initiated by the Board of Supervisors and Transportation Authority.  This audit will evaluate whether the SFMTA is efficiently and effectively managing its capital program.

8. Citizens’ Advisory Council Report

No report.

9.  Public Comment

Mark Gruberg discussed the electric vehicle program that was developed without any input.  Other companies should have been given the opportunity to participate.  This program gives a competitive advantage to one company over others.  These vehicles will impact the decision on the proper number of cabs. 

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. Earl Harrell vs. CCSF, Superior Ct., #CGC09491971 filed on 8/28/09 for $8,150.08
2. Pearlie Contreras vs. CCSF, Superior Ct., #CGC09495189 filed on 12/14/09 for $15,000
3. Curtis Rollins vs. CCSF, Superior Ct., #490789 filed on 7/24/09 for $15,000
4. Kelly Kersting vs. CCSF, Superior Ct., #484977 filed on 2/13/09 for $30,000

Item 10.1 was removed from the Consent Calendar by a member of the Board of Directors.  Director Heinicke requested information regarding LRV steps.

On motion to approve:

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

RESOLUTION 10-127

(10.2) Approving the following traffic modifications:

A. ESTABLISH – TOW-AWAY NO STOPPING ANYTIME – 17th Street, south side, from 35 feet west of Corbin Place to 35 feet east of Corbin Place.
B. ESTABLISH – LEFT LANE MUST TURN LEFT – Brannan Street, westbound, at 7th Street.
C. ESTABLISH – TOW-AWAY NO STOPPING ANYTIME – Brannan Street, north side, from 7th Street to 46 feet easterly.
D. ESTABLISH – COMMERCIAL VEHICLE LOADING 30 MINUTES - 7AM to 6PM, MONDAY TO FRIDAY – Brannan Street, north side, from 46 to 86 feet east of 7th Street.
E. REVOKE – COMMERCIAL VEHICLE LOADING 30 MINUTES - 7AM to 6PM,
MONDAY TO FRIDAY – Brannan Street, north side, from 14 to 53 feet east of 7th Street.
F. ESTABLISH – PARALLEL PARKING – Geary Blvd., south side, between 14th and 15th Aves.
G. ESTABLISH – TOW-AWAY NO STOPPING ANYTIME – Villa Terrace, both sides, between Twin Peaks Boulevard and Pemberton Place.
H. RESCIND – RESIDENTIAL PERMIT PARKING AREA S AND Z, 8 AM TO 9 PM, MONDAY THROUGH FRIDAY – 100 block of Vicksburg St, between 23rd and Elizabeth Sts.
I. ESTABLISH – RESIDENTIAL PERMIT PARKING AREA S AND Z, 8 AM TO 6 PM, MONDAY THROUGH FRIDAY – 100 block of Vicksburg St., between 23rd and Elizabeth Sts.
J. RESCIND – NO STOPPING EXCEPT TRUCK LOADING 30-MINUTE LIMIT, 8AM – 8PM, MONDAY TO SATURDAY, ESTABLISH – METERED GENERAL PARKING 1-HOUR LIMIT, 9AM-6PM, MONDAY TO SATURDAY – 16TH Street, north side, from 29 feet to 67 feet west of Noe Street.
K. ESTABLISH – NO STOPPING EXCEPT TRUCK LOADING 30-MINUTE LIMIT, 8AM – 8PM, MONDAY TO SATURDAY – 16TH Street, north side, from 7 feet to 29 feet west of Noe Street.
L. ESTABLISH – TOW-AWAY, NO STOPPING ANYTIME – Market Street, north side, from Noe Street to 108 feet east.
M. ESTABLISH – 3 METERED MOTORCYCLE PARKING SPACES – Market Street, north side, from 108 feet to 130 feet east of Noe Street.
N. ESTABLISH – YELLOW METERED ZONE, 7AM – 6PM, MONDAY TO FRIDAY – Market Street, north side, from 152 feet to 174 feet east of Noe Street.
O. ESTABLISH – BICYCLE LANE – Market Street, westbound, from Noe Street to 240 feet east.
P. ESTABLISH – TOW-AWAY, NO STOPPING ANYTIME – Market Street, south side, from 97 feet to 137 feet west of Noe Street
Q. ESTABLISH – BICYCLE LANE – Market Street, eastbound, from Noe Street to 220 feet west.
R. ESTABLISH – BICYCLE LANE – Market Street, westbound, from Sanchez Street to 220 feet east.
S. ESTABLISH – TOW-AWAY, NO STOPPING ANYTIME – Market Street, south side, from 50 feet to 93 feet west of Sanchez Street.
T. ESTABLISH – 5 METERED MOTORCYCLE PARKING SPACES – Market Street, south side, from 93 feet to 116 feet west of Sanchez Street.
U. ESTABLISH – BICYCLE LANE – Market St., eastbound, from Sanchez St. to 220 feet west.
V. ESTABLISH – TOW-AWAY, NO STOPPING ANYTIME – Market Street, south side, from 51 feet to 95 feet west of Dolores Street.
W. ESTABLISH – BICYCLE LANE – Market Street, eastbound, from Dolores Street to 150 feet west.
X. ESTABLISH – TOW-AWAY, NO STOPPING ANYTIME – Market Street, north side, from 50 feet east to 72 feet east of Duboce Avenue.
Y. ESTABLISH – BICYCLE LANE – Market St, westbound, from Duboce Ave. to 185 feet east.
Z. INSTALL - SIDEWALK NARROWING – Market Street, north side, from Duboce Avenue to 35 feet east.
AA. INSTALL – SIDEWALK WIDENING – Market Street, north side, from 35 feet to 110 feet east of Duboce Avenue.
BB. ESTABLISH – TOW-AWAY, NO STOPPING ANYTIME – Market Street, north side, from 30 feet east to 52 feet east of Laguna Street.
CC. ESTABLISH – METERED GREEN ZONE 30-MINUTE LIMIT, 9AM – 6PM, MONDAY TO SATURDAY – Market Street, north side, from 115 feet east to 137 feet east of Laguna Street.
DD. ESTABLISH – BICYCLE LANE – Market Street, westbound, from Laguna Street to 190 feet east.
EE. ESTABLISH – RED ZONE, TOW-AWAY NO STOPPING EXCEPT MARKED POLICE VEHICLES – 464 – 6th Avenue, east side, from 185 feet to 270 feet north of Anza Street.
FF. ESTABLISH – BLUE ZONE – “399” Main Street, east side, at parking meter #355.
GG. REVOKE – BLUE ZONE – 24TH Street, south side, from Noe Street to 19 feet easterly.
HH. ESTABLISH – BLUE ZONE – Noe Street, east side, from 2 to 22 feet north of 24th Street.
II. REMOVE – BUS ZONE – Cesar Chavez Street, north side, from Harrison Street to 75-feet westerly; and Cesar Chavez Street, north side, from Alabama Street to 80-feet easterly.
JJ. ESTABLISH – BUS ZONE – Cesar Chavez St, north side, from Harrison St to 100-feet easterly.
KK. REMOVE – BUS ZONE – Sutter Street, north side, from Fillmore Street to 135 feet easterly.
LL. ESTABLISH – BUS ZONE – Sutter Street, north side, from Fillmore Street to 85 feet westerly
MM. REMOVE – BUS ZONE – Fillmore Street, east side, from Sutter Street to 86 feet southerly.
NN. ESTABLISH – BUS ZONE – Fillmore Street, east side, from Sutter Street to 122 feet northerly.
OO. ESTABLISH – 1-HOUR PARKING, 7AM-6PM, EXCEPT SUNDAY – Missouri Street, west side, from 97 feet south of terminus to 137 feet southerly (portion north of Cesar Chavez Street).
PP. ESTABLISH – STOP SIGNS – Stopping Stanford Heights Avenue at Los Palmos Drive; Stopping both Justin Drive and Murray Street; and Stopping Benton Avenue at Justin Drive.
QQ. ESTABLISH – UNMETERED MOTORCYCLE PARKING – Montgomery Street, east side, from 10 to 17 feet north of Alta Street.
RR. ESTABLISH – METERED TOUR BUS PARKING ONLY, 2-HOUR TIME LIMIT, 7AM-7PM EVERYDAY – North Point Street, south side, from 55 feet to 90 feet west of Kearny St.
SS. ESTABLISH – CROSSWALK – Crossing Ocean Avenue, east side, at I-280 On-Ramp.
TT. ESTABLISH – NEW TRAFFIC SIGNAL – Geneva Avenue and Howth Street.
UU. ESTABLISH – ONE WAY STREET – Colton Street, westbound, from Brady to Gough Streets.
VV. ESTABLISH – PERMIT PARKING ONLY FOR THE SUPERIOR COURT – Elm Street (100 Block), north side, between 10 to 52 west of Polk Street.
WW. ESTABLISH – 45-DEGREE ANGLE PARKING – Castro Street, east side, from 79 to 185 feet south of 24th Street.
XX. ESTABLISH – STOP SIGNS – Stopping Shrader Street at Alma Street.
YY. ESTABLISH – RESIDENTIAL PERMIT PARKING AREA Z, 2-HOUR LIMIT, 8 AM TO 6 PM, MONDAY THROUGH FRIDAY – Chattanooga Street (100 Block), both sides, between 22nd and 23rd Streets.
ZZ. ESTABLISH – TOW-AWAY, NO STOPPING ANYTIME – Quincy Street, both sides, from Pine Street to its southerly terminus.
AAA. ESTABLISH – RIGHT TURN ONLY – EXCEPT BICYCLES – Grove Street, eastbound and westbound at Divisadero Street.
BBB. ESTABLISH – TOW-AWAY, NO STOPPING, 7 AM TO 9 AM, MONDAY THROUGH FRIDAY – Mariposa Street, south side, between Indiana and Tennessee Streets.
CCC. ESTABLISH – COMPACT STALL – 15th Avenue and Irving Street, south side, from 10 to 25 feet west of 15th Avenue.
DDD. ESTABLISH – PARKING METERS (NO TIME LIMIT, 9 AM TO 6 PM, MONDAY THROUGH SATURDAY) – Townsend Street, both sides, between 5th and 7th Streets; Bluxome Street, south side, from 5th Street to 275 feet east of 6th Street; 6th Street, west side, from Townsend to Bluxome Streets; and 7th Street, east side, from Townsend to King Streets.
EEE. ESTABLISH – RESIDENTIAL PERMIT PARKING AREA Y, 2-HOUR LIMIT, 8 AM TO 10 PM, DAILY – 6th Street, east side, from Townsend to Bluxome Streets.
FFF. ESTABLISH – TOWAWAY, NO STOPPING ANYTIME – Ocean Avenue, north side, from I 280 N on-ramp to I 280 S off-ramp. (Explanatory documents include a staff report and resolution.) (Bond Yee)

RESOLUTION 10-128

(10.3) Acting as the Parking Authority Commission, supporting the formation of the Civic Center Community Benefit District.  (Explanatory documents include a staff report, resolution and map.)

(Bond Yee)

Item 10.3 was removed from the Consent Calendar at the request of a member of the public.

PUBLIC COMMENT on Item 10.3:

Jim Haas requested a verbal presentation.  He stated that stakeholders are interested in security.  This requires a contribution by all property owners. 

RESOLUTION 10-129

On motion to approve:

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

(10.4) Recommending that the Board of Supervisors adopt a proposed ordinance to move Police Code Sections 1078(a), 1105, 1110, 1145 to Division I of the Transportation Code, and enacting Transportation Code, Division I, Section 3.1(f) and Sections 7.2.5 though 7.2.10 to enact misdemeanor offenses related to the operation of motor vehicles for hire and to authorize employees of Taxi Services to enforce specified parking regulations related to taxicabs. (Explanatory documents include a staff report, resolution and proposed ordinance.) (Debra Johnson)

Item 10.4 was removed from the Consent Calendar at the request of a member of the public.

PUBLIC COMMENT on Item 10.4:

Mark Gruberg stated that there are prohibitions against doormen at hotels who take kickbacks.   He expressed concern about the section that deals with gifts and gratuities.   The legislation would make it a misdemeanor but it would have to be proven that money is exchanged for a favor.  Most is protection money.  This is a standard pervasive practice at most cab companies that needs to be dealt with. 

Charles Rathbone stated that they agree with the intent of the legislation but as written it would criminalize the dispatch system that brings over 3,000 rides to Luxor Cab.  This is a legitimate business relationship. He suggested language regarding the exemption of referral services.  Vendors such as Cabulous are illegal dispatch companies and they should play by the same rules and restrictions.

Item 10.4 was continued to a future meeting.

(10.5) Authorizing the Executive Director/CEO to advertise a Request for Proposals for Contract No. CS-163, Brokerage Services for an Owner Controlled Insurance Program for the Central Subway Project, to evaluate proposals and negotiate a contract to establish an insurance program for the Central Subway Project. (Explanatory documents include a staff report, resolution, financial plan and RFP.) (Carter Rohan)

RESOLUTION 10-130

(10.6) Authorizing the Executive Director/CEO to execute Contract No. CS-164, Central Subway Project Owners Protective Professional Indemnity Insurance Services Agreement with Arthur J. Gallagher & Co Insurance Brokers of California and bind layers of Protective Professional Indemnity Insurance coverage for the Central Subway Project with insurers for total coverage amounts not less than $30,000,000, for broker's fees commensurate to final value of insurance coverage procured, total costs not to exceed $6,800,000 and for a term not to exceed ten years. (Explanatory documents include a staff report, resolution, contract and financial plan.) (Carter Rohan)

RESOLUTION 10-131

Item 10.6 was removed from the agenda at the request of a member of the Board of Directors.  Director Rohan responded to Director Heinicke’s inquiry regarding the cost of the program.

On motion to approve:

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

(10.7) Authorizing the Executive Director/CEO to execute Contract No. 1242, 5 Fulton Ductbank Construction, to build and maintain the fixed guide way, with Con-Quest/Abbett Electric, in an amount not to exceed $6,053,975 and a term of 365 calendar days. (Explanatory documents include a staff report, resolution and financial plan.) (Carter Rohan)

RESOLUTION 10-132

(10.8) Amending the SFMTA Board of Directors’ Rules of Order Article 4, Section 1 to change the start time of SFMTA Board of Directors meetings from 12 noon to 1:00 pm, effective November 2, 2010. (Explanatory documents include a staff report and resolution.) (Roberta Boomer)

RESOLUTION 10-133

No public comment.

On motion to approve the Consent Calendar (Items 10.1, 10.3, 10.4 and 10.6 severed):

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

REGULAR CALENDAR

11.  Presentation and Discussion regarding Debt Financing (continuation of Prop A mandated training).  (Explanatory documents include a slide presentation.) (Sonali Bose)

Ben Rosenfield, City Controller; Terrie Williams, acting Chief Financial Officer; Vincent McCarley, Backstrom, McCarley, Berry; Peter Shellenberger, the PFM group; and Peter Ross, Ross Financial, presented the report

No public comment.

Director Beach requested information regarding the San Francisco Municipal Railway Improvement Corporation and what projects it has financed.

12. Authorizing the Executive Director/CEO to repeal the Translink/Clipper limited use card fee, retroactive to October 1, 2010, by repealing Section 312 of the Transportation Code, Division II, to eliminate the fee. (Explanatory documents include a staff report, resolution and Transportation Code.) (Sonali Bose)

No public comment.

RESOLUTION 10-134

On motion to approve:

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

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.

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 11:55 a.m.

2.  Roll Call

Present: 

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

Also present:  

• Nathaniel Ford, executive director/CEO
• Roberta Boomer, board secretary
• Julia Friedlander, deputy city attorney
• Debra A. Johnson, director, Administration, Taxi and Accessible Services
• John Haley, director, Transit Services
• Terrie Williams, acing chief financial officer
• Bond Yee, director, Sustainable Streets

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. Rachid Soulane v. CCSF, Superior Court, #CGC 05445542 filed on 10/05/05 for $103,500

RESOLUTION 10-135

On motion to approve:

ADOPTED:  AYES – Beach, Brinkman, Heinicke, Lee, 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

This item was removed from the agenda at the request of staff. 

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

To discuss:

      _X_  Wages

      _X__ Hours

      _X__ Benefits

      _X__ Working Conditions

      _X__ Other    

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.

This item was removed from the agenda at the request of staff. 

ADJOURN CLOSED SESSION AND RECONVENE OPEN SESSION - The closed session was adjourned at 12:10 p.m.

14. Announcement of Closed Session.

Chairman Nolan announced that the SFMTA Board of Directors met in closed session to discuss Soulane vs. CCSF with the City Attorney.  The Board of Directors voted unanimously to settle the case. The Board also discussed labor negotiations but took no action. 

15. 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 12:12p.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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