>> i think that it would be helpful for the staff members to send to the board a description of what the municipal railway improvement corp. is and what they have financed in the past. and this was substantial. >> considering all the people, locally in the approval process, this board does not go down 1/2 like the other approach. is there anything else? thank you. >> we are very excited to work with you. >> and this will conclude? >> thank you again for your attention. there will be much more here as you work through the process involving not only the implications for the agency but your role as the director for

the potential investors. the contract that overreliance this, once you enter into this. the sort of the implications for us to talk about as you are working through this but i thank you for your time and attention. >> we appreciate this. >> thank you, gentlemen. >> no member of the public has turned in a speaker card about this, -- >> we will go to the next report. >> thank you very much. members of the board and the public, following a request that was made by the chairman at the last meeting, i have asked the deputy chief to provide a report on the protocol and the vice- related incidents and hate crimes in this transportation

system. we will talk about the investigative process related to hate crimes, explaining the definition and how this is tract in the data base. and we will have an overview of the most recent incidents on the transit system, and in addition, i have told the manager of equal opportunity to prepare for a review of constituent complaints in order to determine the order and frequency and resolution of these incidents within the system. the staff will bring the steel in the next meeting. we take these incidents is very seriously, and all employees are given harassment training during the course of their employment at the mass transit authority.

they are provided free hours of training and periodic follow-ups happens during the mandated annual vehicle transit trainings. the employees including our board members receive harassment training on this annual basis as required by state law. i look forward to returning. the with the analysis of the immediate response and the efforts to prevent them. my would like for chief murphy to give you his briefing. >> i have been with the mass transit authority 11 months. this is my second or third time addressing everybody. i would like to reiterate what he just said. the san francisco police department takes these crimes very seriously. the san francisco police department has a separate policy and you can view this online.

we do not call them hate crimes, this is what they have become. this is based on prejudice. the motivation of the crime is based upon disability and ethnicity, national origin, and to be defined as a hate crime, that has to be the sole motivation before or during the crime. many times these crimes are reported in the news because this was a hispanic against this kind of individual -- and this has been defined differently. they may not have liked each other at all. you have to find out if the attack was because the

individual was from a protected client. we have always taken this very seriously. the general order on this is 14 years old. every police officer in san francisco that is trained and the officers -- these are costly and referred to and we worked very hard at them. the police department has a separate unit and this is the hate crimes unit. we have the inspectors that are specially trained to address these issues. the policy is in, and i gave you the definition of this. the motivation of the crime has to be based on the protected class. the statistics, basically, they support this. the system is a very safe

system. and i spoke to the former leader of the special investigations division, and basically, that could not even give me a number of incidences over the last few years because there were so few. there were a couple of these in a month and this may have been the catalyst to kind of follow the interest in this, and in fact those of the only two of these so far this year. we go through the police reports and we go through them by hand. and there is a different data base that we are able to draw from. when this is generated, not only is this put through the system, but an officer and sent to the location. they are given a case number.

and this is given to the dispatch. the officers that i have putting together the data base are searching not only the police reports, but a surge the most violent crimes that occurred the night before, and they also contact the different investigative eurocom. i am, that the number of hate crime situations that have happened so far are two of them. one incident resulted in the individual who was a juvenile -- the juvenile was placed under arrest. it was because of the system of cameras. this depict the the crime, and when the hate crime inspector -- when this happened, i offered my services than they were working

with her and they have the suspect in custody within a few days. this went very well and basically he pled guilty in juvenile court. the allegations were sustained in juvenile court. the issue of the other case happened on the -- this happens on august 30. this was not recorded until september 3. this may usually cause us problems. but this case is still with the special investigations division. the sergeant has this and i have been in contact with him since this happened. we're trying to find out this individual's identity. there are several rantings and it seemed like he was mentally

unstable. we are still working on this. this is what has happened this year, and the special investigations division does not extrapolate the specific crimes and match them to hate crimes. if you have any questions i would be happy to answer them. and go giants. >> another set of issues that has been brought to my attention, that has -- things that have happened in the system, that are not crimes but our very uncomfortable for people. homophobic things happening on the bus that are not taken very seriously by the driver or he may be participating.

>> i think one of the questions -- what were the reactions of the employees and what actions are they required to take. and in both of these cases, let murphy speak to this. it appears that the employees did what they were supposed to do. talking on the rail system, the operators may be a long way away from the actual occurrence. they are required to immediately identify the control center, a lot -- -- who will communicate with the police department. >> the driver got up and told them to get off of their and that part is good. >> one thing that i learned about when we talk about the definition of things, central control called me with a crime

on board a bus. people were complaining that there were loud kids on the bus. they will be there and there will be done tomorrow and the next day. that's what they do. they may be loud and boisterous among themselves, but this is not a crime. this is probably a nuisance for people, but i think that this is short-lived when you look at the specifics of what happened this year. we have three police reports, three incident reports per day of crimes committed on the mass transit authority property. this includes the bus stops. we are being very conservative in counting these things. this is not really their property.

we are trying to make certain that we are covering all bases. the first place with a take place around the bus stop. there are thousand vehicles going out, and the system is very safe. >> i was concerned about homophobic issues as well as racial all things as well. >> this is included in the statistics that were just provided. everything related to gender, and all of those kinds of cultural issues are covered in the report. >> does verbal harassment rise to the level of this attention? if someone is perceived this way

-- >> and the juvenile was convicted of 422.75, harrassing state employees. >> if the driver is aware of this, what will they do if they become aware that there is harassment based on this? >> they will not have a choice in the matter except to report to the control center and they will be reported to the police. just as you describe these oysters children. if there is any passenger that reports disruptive behavior, this should go over to the control center because they do not have discretion in that matter. and we're trying to prevent simple harassment from escalating into something more serious. >> and this is the difference between crime that is reported

here and in the transit safe system. this is always going to have more because people complain and the drivers will call in, or whether somebody fell war -- or if there was a case issue where there was property and -- this will go into the data base. that is why we have to keep a separate data base. >> thank you very much. >> we are going to keep looking at this to make certain that this is not something we are earning. >> just to add to what they have said about this and what occurs with the vehicle and reporting the obligation and the ability to follow up, what are these things that we would continue to get out to the citizens, the

importance of the timeliness of this report. we have done a campaign to make certain that the video system is in good working order. and in this incident, this is a very valuable tool, in supplementing the eyewitness reports. we want to make certain that we _ this report. >> and other any other items on the agenda? >> i have a couple of items that we will be able to go through. we recently replaced all of the technically obsolete gates in the subway and we have a new collection system with over 100 gates, and 40 ticket machines and 50 control panels.

and the station agent, booth as well as a central station which is integrated with the card system. we have more information in terms of writer ship on the system. this is possible with a $11 million in reinvestment act funding, and i would like an update on what occurred with the system. there were issues with the original installation but i think that we are behind these challenges. >> mr. ford, i am the director of capital programs and construction. thank you for the opportunity to provide your briefing on this project. the project utilizes a couple of contractors, with the program to provide all the necessary infrastructure work-related to prepare for these installations. this was about $2.5 million.

the other contractors is the entity that performed the installation of the vending machines and the booze displays. this contract was of a value of just over $19 million. the overall program cost this $30.1 million. the balance of the funding has been programmed for engineering overside, for bart and the mta as well, systems integration and the big german of limited use cards for the program. the demolition and infrastructure preparations were working again earlier this year and they were completed, substantially in july. the equipment installations began august 2 and we were

substantially complete and earlier this month. the implications work within the agency to mitigate customer impact as much as possible during the construction. this was throughout the service area and the stations were staffed with in the areas that the gates were installed, for the inspectors to help the patrons use the new gates. as installed, the automatic collection infrastructure has new vending machines and clipper card, and the limited use for the customers. they all have credit and debit and cash capability, and each new date has -- gate has a magnetic card as well and each one has a more accessible gate. this includes new revenue and

monitoring and control capabilities, leveraging the central collection system that we already procured. the initial forecast for completion of this project is december 2010. we have accelerated the production and installation and the substantial completion was achieved about one week ago. about a week and a half ago. the system is currently selling in. and this is much like on a construction project. this is burning in and this happens at the time where you test your commission, and you put your program to the testing, to make certain that this reaches the performance characteristics for the design. and this also picks up the efficiencies that you come upon

that you had not contemplated during the design. i would like to take a moment to give you an update regarding the publicized issue that we dealt with recently, on september 17, the press demonstrated methods to bypass the gates. the demonstration provided insulate -- information on how to gain entry up for the public. i will tell you that this was not new to us and the staff was aware that the systems could be circumvented and we understood in the lab testing in july and at that time, we directed the contractors to start an update on the work -- on this to change the configuration for these datgates. the original rollout was going to be at the end of construction. by the time that everything is in place.

this is unfortunate that the press already put this story out. be that as of may, -- as it may, this did cause some concerns but however we are on top of the -- this was uploaded on october 3. the contractor gave an update that we configured to the fairgate sensers and we had most of the noted -- and the contractor had new fairgate configurations. we have issues to overcome. the staff is working with future software updates for increase improvements and we will mitigate fair evasion

techniques. thank you for the time for the brief. i have staff that was part of the program. we'd be happy to answer any questions. >> two clarifications. the machines with the single-use tickets, are they getting change? it wasn't doing change, but this was several weeks ago. >> yes. >> on the front, i don't get the magnetic reader. there is a swipe area. >> that's the transition. we have to run both systems. >> for the old fast-pass? >> all products are not converted yet. we have a staged conversion and there is magnetic fair media out

there. >> after we transitioned, the swipe will be gone. it won't be used. will it be off the fairgate? >> the current plan is to remove the pieces of equipment. we will need to work through policy to determine when we remove those. >> it does confuse -- i see people trying to swipe their clipper card. >> thank you. >> anyone else? >> one last item, to announce. on october 20, the mta will hold an entrance conference for part two of the limited-scope performance audiot of tht of th.

this is for the transportation authority, on the capital programs and consctruction products. this will end in february of 2011. >> mr. chairman, it does not appear the members of the public which to speak on the executive report. item 8 is the citizen's advisory report. murphy is not here. we will move on to public comment. we will talk about items not on the calendar. i don't have -- it is rumored a member of the public wishes to speak to the board. it's ok, mark.

>> mr. gilbert? >> i wanted to follow up on the comments i made about this program that was put in place with no chance for the public to weigh in on it or yourselves, at least publically, having awareness of this. it would entail, it is not clear the exact numbers. 100 vehicles are involved. 50-75 will go to san francisco. i am not arguing against the program. others should have had a chance to weigh in on this. yellow cab is the only company

that is participating. green cab has the best record for the environment of any cab company. a zero-emissions company. we would love to participate. denied that opportunity, other companies as well. handing over the opportunity to operate these vehicles. they have a gret potential. an enormous advantage according to the prospectus. other companies, these vehicles will be marketed to other companies, furnished to yellow cab under these grants

and contributions. why has this not gotten to your board. more than any other matter. putting out these vehicles, certainly will impact any decision you make regarding the number of cabs. vehicles won't be hitting the street until late 2011. it's a large number that needs to be taken into consideration. a pilot project in tokyo had three vehicles. we will have many dozen. i hope you start asking questions. >> anybody else? seeing none, we go to the

consent calendar. >> these are routine by the board and will be acted upon unless a board member or member of the public wishes to speak about them. 10.3 and 10.4 were asked to be taken out. >> it is approved? >> i have a question about 10.1 and 10.6. i am happy to move forward with the rest. >> those as well as three and four. tah-- that leaves 2, 5, 7, 8? >> seconded. >> all in favor, say aye. back to 10.1. director?

>> we did not discipline report on this, this is an incident that has been reported before and we see other claims coming through. i think that we have already received a report there. my question goes back to this number -- and this is more of a policy question. this is part of the light rail vehicle. i would say that we do not need to respond to this right now, but if we are continuing to see these and what they mean, we should consider this with respect to going up and down. we had a thoughtful memo from the staff talking about the different barriers of this. this is the fourth one ofth