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ORDER OF BUSINESS

1. Call to Order

Chairman Nolan called the meeting to order at 2:00 p.m.

2.  Roll Call

Present: 

  • Cameron Beach
  • Shirley Breyer Black
  • Malcolm Heinicke – absent at Roll Call
  • Jerry Lee
  • James McCray, Jr. – absent at Roll Call
  • 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 1, 2009 Regular Meeting: unanimously approved (Heinicke, McCray - absent).

5.  Communications

Board Secretary Boomer stated that the Report on Safety, Item 10.4 regarding Architectural and Engineering services for the Central Subway Project and Item 12 regarding the Transbay Terminal were removed from the agenda and would be presented at a future meeting.

Chairman Nolan stated that the Board would first hear items on the Regular Agenda, followed by the closed session.  After adjournment of the closed session the Board would return to open session to complete the agenda.

6.  Introduction of New or Unfinished Business by Board Members

Director Heinicke suggested that staff reach out to the Bicycle Coalition regarding whether they would support licensing of bicycles.  He also asked about possible revenue from rental cars and about getting a funding report soon.

Director Oka expressed interest in a presentation on the proposed college fund for taxi drivers and families in the future.

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

  • Report on Safety
  • Ongoing Activities

The report on safety was continued to a future meeting.

Executive Director/CEO Ford discussed the storm over the past weekend; the taxi reform proposal; and a pilot program to improve transit and pedestrian conditions on Market Street. 

PUBLIC COMMENT:

Hansu Kim, SF Taxi Coalition, spoke about the taxi medallion reform proposal.  He applauded the Executive Director for holding meetings to discuss the different opinions.  The plan presented at the Policy and Governance Committee was offensive and opposed by stakeholders.  Taking income from medallion holders is sacrosanct and will be unanimously opposed.

Jim Gillespie, Yellow Cab stated that there was zero support for the medallion plan due to the negative impact on passengers, the city and cab drivers.  He expressed hope for a collaborative effort to solve issues with revenue, taxi service, opportunities for career cab drivers and taxi companies. 

Carl Macmurdo echoed comments made by previous speakers. He stated that the City could use the money from newly issued medallions as operational revenue.

Mike Spain stated that Prop K has been a difficult law and it is a hodgepodge of ideas.  The recent plan is a scheme to raise money for the City rather than a plan for the City.  Major American cities have found that selling permits to operators is efficient. The City wouldn’t be the regulator.  Bikes need to be licensed.

Peter Witt stated that he sees a real and determined effort to turn a really bad plan into a bad plan. We’re going backwards.  There are more cabs and cars per capita in San Francisco than in any other city in the U.S. 

Mary McGuire stated that the proposal wasn’t posted on the internet.  Cab drivers feel buried and that they don’t have an opportunity to be heard.  She had several questions about the proposal.

Barry Taranto stated that Market Street is a good idea but doesn’t know how it will be enforced.  The SFMTA should make sure that the police know that cab drivers are exempt from the prohibition.  He expressed hope that limousines won’t be exempt.  He also discussed the Taxi Medallion Reform proposal.

Norman Rolfe stated that the SFMTA is forcing autos off of Market Street but at the last meeting, the Board approved a traffic change that will encourage right-turns onto Market Street. The “Transit First” policy should be considered.  He urged reconsideration of the action taken at the Sept. 1 meeting. 

Victoria Lansdown stated that it’s unfortunate that the cab industry was folded into the SFMTA.  The cab industry is too vast and complex to be folded in with the Human Resources department.  This move is ill advised and should be reassessed.  Reform removes any chance for a taxi driver to achieve financial stability.

Barry Korengold, SF Cab Drivers Association, thanked the SFMTA for the dialogue on this matter.  He understands the plan is just a first step and he looks forward to discussing it.  Mr. Korengold encouraged more input from the taxi industry. 

Bill Mounsey stated that 90% of the cab industry is against the proposal.  You’ve got to have town hall meetings.  Taxi drivers need to have their own person with whom we can communicate.  People who drive taxis are the only people who understand the industry. The proposal is a complete counter representation of the cab industry. 

Ed Healy stated that past administrations would jam proposals down our throats.  He looks forward to the town hall meetings.

Mark Gruberg stated that they were promised that Prop K would be protected.  Any plan that violates that promise will result in no faith that future promises will be kept.  Faith and trust needs to be restored. He encouraged the Market Street experiment. 

Frank Fahy stated that there were taxi drivers in Roman times.  There is no reason to reinvent the wheel. The City gets enormous benefit from taxi fares.  The plan needs to be kept simple.  The City will be sorry if it adopts this plan.

Dan Hinds, National/Veterans Cab, stated that some reforms to Prop K could make the industry more effective.  Prop K reforms need to make it beneficial for people who choose to drive a cab as a career.  We need to take care of older drivers who may have a disability and we need to address service.

Patricia Vaughey stated that public meetings should be tape recorded.  The public doesn’t want to see another farce like the TEP where half of the neighborhoods weren’t included in meetings. 

8. Citizens’ Advisory Council Report

No report.

9.  Public Comment

James Musalski stated that the budget is balanced on the back of customers.  Instead, the SFMTA shoulc cut salaries.  All you do is raise fares and now you’re cutting service.  The Executive Director hasn’t done anything but dig deeper into debt.

Patricia Vaughey stated that certain groups in Cow Hollow weren’t part of the discussion regarding articulated buses on Union Street.  She has been denied access to studies and numbers.  She has questions about the 2 Clement studies.  She asked the Board under the freedom of information act to provide the studies.  The SFMTA is using the financial situation as an excuse. She requested a rehearing on the 41 Union proposal after the studies have been provided. 

Hansu Kim, SF Taxi Coalition, spoke against putting taxicabs under the Administration Division.  We agreed to fold with SFMTA to get professional management.  We are concerned that taxis will be buried. 

Peter Witt stated that as an abused victim of the Taxi Commission, he is experiencing distrust.  The Taxi Commission dropped the ball on various reports and wasted countless dollars on other useless reports. 

Barry Taranto stated that the Executive Director declined to take the bonus offered last year but didn’t cut back his salary.  He is bothered by the new organization plan.  There are a lot of issues to understand and now we have to educate Debra Johnson.  Illegal taxis are a major problem. 

Bill Mounsey stated that limousines are out of control.  The Board doesn’t know what the Taxi Detail is doing. Since the Taxi Commission folded, the taxi industry hasn’t had any representation. 

Roland Wong stated that the front doors at stations are not equipped with automatic openers.  People with disabilities have difficulty getting through the gates.  The Forest Hill Station is a landmark so automatic door openers won’t be added.  He recommends that the SFMTA install accessible doors.

Carl Macmurdo discussed the reorganization plan.  Taxi industry issues are complex.  The Chief of Staff will never learn the issues so unintentionally people will feed info to the titular head rather than the industry expert on staff.  The taxi director needs staff to help them clean up the list. 

Mary McGuire stated that on the SFMTA website, people can’t make advance payments on a credit card and the “extras” button has been disabled so you have to add bridge tolls or other charges to the tip.  Please work with Weights & Measures to get the system back on track and re-enable those functions.

Ed Healy expressed concern about the reorganization plan.  Taxis are the most important method of transportation for visitors.  Revisit the reorganization and see if you can accommodate us.

Barry Korengold expressed concern about the taxi industry being folded into the Administration Division.  Taxis deserve their own division.  Tourism is San Francisco’s biggest industry and taxicabs are an integral part of that.  The plan should be reconsidered. 

Mark Gruberg stated that there is no unanimity on the issue of folding taxis into the Administration Division.  Overseeing the industry is an administrative task but there are profound policy issues that must be addressed.  They need to have someone who has direct access to the Executive Director/CEO.  Service issues have been pushed aside in the discussion of Taxi Medallion Reform.  The reorganization should be rethought.

Frank Fahy stated that the SFMTA needs to think about the future of parking in San Francisco.   The City doesn’t regulate private buses.  It needs to regulate limousines. 

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.  Robert Oliver vs. CCSF, Superior Ct. #469884 filed on 5/25/07 for $5,000

B.  Stephen Wendel/USAA vs. CCSF, Unlitigated Claim #902360 filed on 3/2/09 for $5,963.76

C.  Soon Duk Lee vs. CCSF, Superior Ct. #474946 filed on 5/8/08 for $10,500

D.  Paul Arnold vs. CCSF, Unlitigated Claim #902050 filed on 1/29/09 for $13,500

RESOLUTION 09-159

(10.2) Approving the following traffic modifications:

A.  ESTABLISH - NO TURN ON RED - Shrader Street, southbound, at Fell Street. 

B.  ESTABLISH - STOP SIGN - Benton Ave. at Andover St.; and Hattie St. at 18th St. 

C.  ESTABLISH - TOW-AWAY, NO PARKING ANYTIME - Phelan Avenue, east side, from Cloud Circle (north) to 108 feet northerly. 

D.  ESTABLISH - TOW-AWAY, NO STOPPING ANYTIME - Clay Street, north side, from 207 to 255 feet west of Stockton Street; Clay Street, south side, from Joice Street to 25 feet westerly; Washington Street, north side, from Stone Street to Trenton Street; and Washington Street, south side, from 153 feet east of Powell Street to 183 feet easterly. 

E.   ESTABLISH - TOW-AWAY, NO STOPPING ANYTIME - 15th Street, north side, from 18 feet east of Minna Street to 71 feet easterly; 15th Street, south side, from Capp Street to 21 feet westerly; 15th Street, south side, from Capp Street to 21 feet easterly; Capp Street, west side, from 15th Street to 25 feet southerly; and Capp Street, east side, from 15th Street to 37 feet southerly. 

F.   ESTABLISH - TOW-AWAY, NO STOPPING ANYTIME - Balboa Street, south side, from 37th Avenue to 60 feet westerly. 

G.  ESTABLISH - RIGHT TURN ONLY - Essex Street, northbound at Folsom Street. 

H.  ESTABLISH - NO LEFT TURN - Essex Street, southbound at Harrison Street; and Folsom Street, westbound at Main Street. 

I.    ESTABLISH - BUS STOP - Folsom Street, south side, between Beale Street and Fremont Street; and Folsom Street, north side, between 1st Street and Essex Street. 

J.   REVOKE - METERED MOTORCYCLE PARKING - Folsom Street, south side, from Beale Street to 165 feet easterly. 

K.  ESTABLISH - BUS STOP, 3:00 PM TO 7:00 PM, MONDAY THROUGH FRIDAY - Fremont Street, northbound, between Folsom Street and Harrison Street. 

L.   ESTABLISH - NO RIGHT TURN EXCEPT BUSES - Howard Street, eastbound at Main Street.

M.  ESTABLISH - NO LEFT TURN EXCEPT BUSES - Harrison St. eastbound at Essex Street.

N.  ESTABLISH - NO RIGHT TURN - Harrison Street, westbound at Essex Street. 

O.  REVOKE - BUS STOP - Main Street, east side, from Howard Street to 140 feet southerly. 

P.   ESTABLISH - METERED MOTORCYCLE PARKING - Main Street, east side, from Howard Street to 140 feet southerly.

Q.  ESTABLISH - BLUE ZONE AND ESTABLISH - RED ZONE – 500 Buena Vista Avenue West, east side, across from Upper Terrace.

R.  REVOKE – BLUE ZONE – 2222 Broadway Street, north side, from 180 feet to 200 feet west of Webster Street. 

S.   ESTABLISH – BLUE ZONE – 2222 Broadway Street, north side, from 13 feet westerly of the East Property Line to 5 feet easterly of the East Property Line of 2288 Broadway Street; and 2222 Broadway Street, north side, from 126 feet to 151 feet east of Fillmore Street. (Explanatory documents include a staff report and resolution.) (Bond Yee)

Item 10.2 H, L, M, N and O was severed from the Consent Calendar by a member of the public.

PUBLIC COMMENT:

Barry Taranto stated that taxis should be exempted from these restrictions. 

On motion to approve Item 10.2 H, L, M, N and O:

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

ABSENT - Nolan

RESOLUTION 09-160

(10.3) Authorizing the Executive Director/CEO to accept and expend $2,351,818 of Regional Measure-2 funds to install and procure new Automatic Fare Collection equipment and provide associated support services. (Explanatory documents include a staff report, resolution, financial and project report.) (Sonali Bose)

RESOLUTION 09-161

(10.4) Authorizing the Executive Director/CEO to execute Contract CS-155-1, Architectural and Engineering services for the Final Design and Construction of the Central Subway Project – Utilities Relocation and Tunnel Design for an amount not to exceed $6,500,000 for a term not to exceed five years with an option to extend the term. (Explanatory documents include a staff report, resolution, financial plan and contract.) (Carter Rohan)

Item 10.4 was removed from the agenda at the request of staff.

(10.5) Authorizing the Executive Director/CEO to execute Contract #2008/09-38A, #2008/09-38B and #2008/09-38C, Agreements with Backstrom McCarley Berry & Co. , Ross Financial and The PFM Group to provide as-needed financial advisory services for terms not to exceed five years and an amount not to exceed $2,000,000 for each contract. (Explanatory documents include a staff report, resolution and agreements.) (Sonali Bose)

RESOLUTION 09-162

(10.6) Authorizing the Executive Director/CEO to execute a Master Service Agreement with ThyssenKrupp Elevator Corporation in an amount not to exceed $625,600 for a term of five years.  (Explanatory documents include a staff report, resolution and agreement.) (Ken McDonald)

RESOLUTION 09-163

(10.7) Authorizing the Executive Director/CEO to execute Contract No. SFMTA 2008/09-21, Balboa Park Station Capacity and Conceptual Engineering Study, with Jacobs Engineering Group for an amount not to exceed $370,000, and a term of 24 months. (Explanatory documents include a staff report, resolution and agreement.) (Carter Rohan)

RESOLUTION 09-164

(10.8) Authorizing the Executive Director/CEO to execute Contract No. SFMTA 2008/09-35, Repair of Damaged Light Rail Vehicles, with Complete Coach Works to repair LRV No. 1451 and 1502, for an amount not to exceed $217,634 and for a term not to exceed 18 months. (Explanatory documents include a staff report, resolution and contract.) (Carter Rohan)

RESOLUTION 09-165

(10.9) Approving execution of Contract Modification No. 19, to Contract No. MR-1182R1, Muni Metro East Light Rail Vehicle Maintenance and Operations Facility Project, with Stacy and Witbeck which increases the contract amount by $9,838,541.33 and establishes February 20, 2009 as the completion date. (Explanatory documents include a staff report, resolution and modification.) (Carter Rohan)

RESOLUTION 09-166

(10.10) Authorizing the Executive Director/CEO to extend the SFpark Agreement from July 1, 2008 to June 30, 2012.  (Explanatory documents include a staff report, resolution and modification.) (Sonali Bose)

RESOLUTION 09-167

(10.11) Authorizing the Executive Director/CEO to advertise a Request for Proposals for Contract No. CS-156, Agency Program Controls System Procurement and Related Support Services, to evaluate proposals and negotiate a contract to establish a program controls system for the Central Subway Project. (Explanatory documents include a staff report, resolution and RFP.) (Carter Rohan)

RESOLUTION 09-168

(10.12) Authorizing the Executive Director/CEO to issue a Request for Qualifications to solicit qualifications from Parking Access and Revenue Control System vendors to furnish and install a  centrally controlled PARC System at off-street parking facilities.  (Explanatory documents include a staff report, resolution and RFQ.) (Amit Kothari)

RESOLUTION 09-169

(10.13) Authorizing the Department of Public Works to issue a bid call for DPW Contract No. 1519J: Inner Sunset Traffic Calming and Transit Enhancements Project. (Explanatory documents include a staff report, resolution and financial plan.) (Bond Yee)

RESOLUTION 09-170

(10.14) Approving the plans and specifications and authorizing the Executive Director/CEO to advertise Contract No. 1206, Islais Creek Motor Coach Facility Phase I. (Explanatory documents include a staff report, resolution and financial plan.) (Carter Rohan)

RESOLUTION 09-171

(10.15) Adopting amendments to the Transportation Code, Division II, Sections 106, 201, 203, 301, 302, 303, 304, 306, 307, 406, 407, 408, 409, 410, 501, 502, 601, 702, 801, 902, 905, 906, 907, and 1002, to update references to Division I, add additional categories of vehicles exempt from specific parking restrictions, clarify the SFMTA Board of Directors authority regarding bicycle related pavement markings and transit only lane regulations, remove the requirement that the City Traffic Engineer decisions be posted on the SFMTA's website, update the penalty schedule to reflect current penalty amounts for violations of the San Francisco Transportation Code and California Vehicle Code, update new request and processing fees for color curb painting, increase the green zone meter processing fee, establish administrative penalties for violations of Division I, Section 7.2.71 and provide a procedure for their assessment and collection, authorize the Director of Transportation to designate SFMTA officers or employees to enforce Division I, Sections 7.2.71, update parking meter rates including motorcycle parking rates, make minor revisions to vehicle weight restrictions and designated speed limits, update permit fees for several permits issued by the SFMTA, provide that the SFMTA may designate a Residential Parking Permit Area on its own initiative, provide that any vehicle not moved more than one block or one-tenth of a mile shall be deemed to have remained stationary for purposes of parking regulations other than a violation of Division I, Section 7.2.29; and adding Section 1008 to establish noticing requirements for removal of vehicles parked in excess of 72 consecutive hours.  (Explanatory documents include a staff report, resolution and amendments.) (Bond Yee)

Item 10.15 was severed from the Consent Calendar by a member of the public.

PUBLIC COMMENT:

Barry Taranto stated that this item makes big changes.  It’s important to explain these changes.  He requested that the item be continued in order to conduct a public hearing.

On motion to approve Item10.15:

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

ABSENT - Nolan

RESOLUTION 09-172

On motion to approve the Consent Calendar (Items 10.2 H, L, M, N and O, 10.4, and 10.15 severed):

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

ABSENT - Nolan

REGULAR CALENDAR

11.  Approving the following parking and traffic regulations to accommodate Muni service changes approved as part of the FY 2010 budget amendment:

2 CLEMENT

A.  BUS ZONE – ESTABLISH:  Funston Avenue, west side, from Geary Boulevard to 140 feet northerly. 

OR

B. 

BUS ZONE – ESTABLISH 14th Avenue, east side, from Geary Boulevard to 135 feet northerly

BUS STOP (FLAG) – ESTABLISH 14th Avenue, east side, south of Clement Street (nearside)

RED ZONE – ESTABLISH 14th Avenue, east side, from Clement Street to 20 feet southerly

Clement Street, south side, from 14th Avenue to 20 feet easterly. (Explanatory documents include a staff report and resolution.)  (Bond Yee).

PUBLIC COMMENT:

Patricia Vaughey stated that there haven’t been studies on the 2 Clement or 41 Union.  She has asked for numbers but hasn’t received any.  She is disturbed by how this has been handled.  There were serious things happening in the department.  The public was denied access.  This item should be tabled

Michael Sweet stated that the issues discussed two weeks ago remain of concern for synagogue members.  One of two proposals would take a bus up 15th Avenue.  There is a preschool on 15th Avenue so this would effect students. 

Joninna Simpson expressed concern about the safety of congregants.  This is the busiest time of year for the Jewish community so the lack of people at the meeting doesn’t indicate a lack of interest. She echoed comments made by Michael Sweet and stated that 15th Avenue is congested.

(Director Heinicke arrived)

Jeremy Pasternak stated that safety is a concern for Funston neighbors.  As of late July, SFMTA staff was saying that routing a bus down Clement was not a good idea so the route was bounced to Funston.  Other options haven’t gotten a full airing. 

Brian Doherty stated that elderly and disabled people live in the vicinity of the Funston stop.  They deal with multiple buses everyday.

Kathy Stirling asked if the Board had seen their block.   We have kept the green belt clean.  It is not acceptable to expect a small street to accommodate a large bus.

Paul Yieh expressed concern about the Funston option.   Live testing and quality of life issues have not been addressed.  Residents haven’t discussed other options with staff. 

Harry Loo stated that Muni buses are parked in front of his garage.  He’s against putting a terminal on the west side of Funston.  The SFMTA needs to consider the passengers safety.  It’s better to let them get off on Geary.  Park Presidio is a dangerous street to cross.  He urged the SFMTA to put the bus on 14th Avenue or Clement.

Keith Drissell stated that he shared Mr. Loo’s concern about passenger safety.  Cars generally back up on his street when they are trying to turn right.  This will increase congestion and make it difficult for buses to turn right. Residents who live there don’t like the noise or clutter.

Sue Jang stated that she had a hard time pulling out of her driveway when the bus was parked there.  The Muni driver had to help her.  Children and the elderly won’t be safe. 

Smith Jang stated that he is against installing a bus stop on Funston.  He has lived at 380 Funston for 46 years and was president of many associations in Chinatown. 

Wilson Jang stated that they already have difficulties on Funston.  Trucks driving on their street have scrapped their car.  His neighbor and sister in law were both hit by cars.  The area is already unsafe.

Patricia Stirling stated that neighbors feel that the process was flawed.  SFMTA staff initially stated that Funston Street wasn’t a good idea because of poor circulation of buses. 

Karen Hindin expressed concern regarding environmental impacts.  Environmental review wasn’t done because of the fiscal emergency. Please consider the increased noise and pollution, reverberation of buses, and the safety of children and the elderly.

Elizabeth Tippin stated that Park Presidio is one of the most dangerous streets.  Your own drivers say they don’t want to go to Geary.   There are other options.   Funston sidewalks are narrow and not ADA compliant.

Sally Gerstein stated that buses would bring a lot of traffic onto 14th Ave.  It’s always a challenge to turn right onto 14th Avenue.  It will be worse with a backup of buses.  Pedestrians are at risk.  It is a very difficult corner.

Eric Potashner stated that it’s important for emergency services to not be interrupted.   He urged the SFMTA to connect with the police and fire departments before proceeding

Chris McIntosh stated that there are children and elderly people who live on 14th Ave.

On motion to approve the Funston Ave. option:

ADOPTED:  AYES – Nolan

NAYES - Beach, Black, Heinicke, Lee, and Oka

ABSENT – McCray

The motion failed adoption.

The Board requested that staff further develop all feasible options, especially #2, #4 and #5, seek community input and return to the Board at the October 20 meeting.

Director Beach requested that staff provide the historic connectivity between the 2 Clement and 38 Geary lines.

12. Presentation and discussion of the plans for a new Transbay Terminal.  (Explanatory documents include a slide presentation.) (Ken McDonald)

Item 12 was removed from the agenda.

13. Presentation and discussion of FY09 4th Quarter and Year-End Service Standards Report.  (Explanatory documents include service standards.)  (Debra Johnson).

Travis Fox, manager, Performance Monitoring and Customer Services, presented the report.

No public comment.

14. Authorizing the Executive Director/CEO to execute Contract No. APT 591-01, LRV Doors and Steps Reconditioning and Systems Rehabilitation, with AnsaldoBreda in an amount not to exceed $56,752,554 and for a term not to exceed five years. . (Explanatory documents include a staff report, resolution and contract.) (Carter Rohan)

No public comment.

RESOLUTION 09-173

On motion to approve:

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

ABSENT – McCray

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 (McCray-absent).

RECESS REGULAR MEETING AND CONVENE CLOSED SESSION

CLOSED SESSION

1.  Call to Order

Chairman Nolan called the closed session to order at 3:06 p.m.

2.  Roll Call

Present:

  • Cameron Beach
  • Shirley Breyer Black
  • Malcolm Heinicke    
  • Jerry Lee
  • James McCray, Jr. – absent at Roll Call
  • Tom Nolan
  • Bruce Oka

Also present:  

  • Nathaniel Ford, executive director/CEO
  • Roberta Boomer, board secretary

3.  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 and take action on attorney‑client matters in the following case:

CONFERENCE WITH LEGAL COUNSEL

Anticipated Litigation:

__X__ As defendant or __X__ As plaintiff

            A. United States vs. CCSF for $250,000

RESOLUTION 09-174

On motion to approve:

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

ABSENT – McCray

James McCray arrived.

Also present -

  • Julia Friedlander, deputy city attorney
  • Jim Dougherty, chief safety officer
  • David Hill, interim chief operating officer, Muni Operations
  • Antonio Parra, deputy chief, director, Security and Enforcement

4.  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 3:41 p.m.

When the Board reconvened in open session, Chairman Nolan asked Vice Chairman McCray to preside over the meeting. 

16. Announcement of Closed Session.

Vice Chairman McCray announced that the SFMTA Board of Directors met in closed session to discuss anticipated litigation with the City Attorney.  The Board of Directors voted unanimously to settle the United States vs. CCSF case.   The Board also met with the Executive Director/CEO to conduct a performance evaluation but the Board took no action.

17. 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 5:05 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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