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2:00 ‑ REGULAR MEETING ORDER OF BUSINESS 1. Call to Order Chairman Vaughns called the meeting to order at 2:07 p.m. 2. Roll Call Present:
3. Announcement of prohibition of sound producing devices during the meeting. Chairman Vaughns announced that the ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at the meeting. She 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. She 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 November 15, 2005 Regular Meeting and the November 18, 2005 Special Meeting: unanimously approved (McCray-absent). 5. Communications Chairman Vaughns requested that the authors and editors of the MTA newsletter be commended for an informative and reader friendly newsletter. 6. Introduction of New or Unfinished Business by Board Members None. 7. Executive Director’s Report
Acting Executive Director Sunshine stated that a majority of the MTA would be housed at 1 South Van Ness by the end of December. This consolidation into one building will be great for operational efficiency. A.E.D. Sunshine stated that staff was preparing a memo regarding the Paratransit Debit Card project and would present it to the board at a future meeting. In addition, staff was preparing a response to issues raised by MV Transportation regarding MV’s contract. Bond Yee, Deputy Director, DPT presented the citation report. Director McCray arrived at the meeting. A.E.D. Sunshine stated that the Overhead Lines Reconstruction Project would require that the subway be closed earlier than is currently scheduled for the next two years. Alternative bus service will be provided. The public relations and community outreach campaign will begin in December. Early closure of the subway will begin mid-January. 8. Citizen’s Advisory Council Report Daniel Murphy, Chairman, Citizens Advisory Council presented the CAC’s recommendations. 9. Public Comment Herbert Weiner stated that the voters passed standards of public transportation with the expectation that the transit authority would fulfill them. These mandated standards of service are unrealistic and will never be implemented. The TA board has rejected the trust of the voters and its’ responsibility under the law. Roger Bazeley stated that there are ways to increase visibility for pedestrians, drivers, etc. on arterial corridors. He presented draft legislation that would require installation of ladder crosswalks at major transit intersections to help reduce fatalities. He stated that he would like to see faster implementation of bus rapid transit. Rosabella Safont stated that she wanted to talk about the Mission-Bartlett garage and the letter written by Supervisor Ammiano. She stated that there were irregularities in the process. The Mission Economic Development Association (MEDA) has successfully co-managed the garage for 14 years and has support in the community. The RFP process was irregular and gave unfair advantage to large corporations. Teresa Garcia expressed concern regarding the RFP process for the Mission-Bartlett garage. MEDA staff was told by DPT staff that they should not apply for the future operation of the garage. The initial RFP was not sent to MEDA. During the November 15 board meeting, MEDA’s sealed bid was quoted by Pacific Park Management. Luis Granados, Mission Economic Development Association, stated that the RFP process for the Mission-Bartlett garage was irregular. MEDA didn’t qualify for disadvantaged bonus points but a large corporation did. DPT staff shared confidential and proprietary information with MEDA’s competitor. MEDA has strong community support from the Board of Supervisors and the community. Mr. Granados requested that the process be stopped and for the board to look into the matter. Feysan Lodde, Owner, MV Transportation, expressed concern about Muni’s paratransit program. MV has done everything they could to help the paratransit community for more than 22 years. MV hopes that they are allowed to continue to provide this service. Ms. Lodde requested that the board direct the paratransit broker’s office to require all service providers to recognize the current union contract and wages and benefits. She questioned why MV Transportation was the only contractor that had to go out to bid. Nikki Frenney requested that the board delay the contract and make sure that the paratransit broker has administered a fair process. Please direct the paratransit broker to delay the award until the board has been provided with the appropriate information. Bill Sisk, President, TWU 250-A requested that the board delay the contract and make sure that the contract is administrated fairly. He stated that the lowest bid isn’t always the best bid. Irwin Lum, TWU Local 250-A, stated that TWU had been negotiating with MV for the past four months and they were about to announce an agreement. He expressed concern about the upcoming bid for lift van service. TWU hopes that the current problems could be resolved for the benefit of both users and drivers. John Moran, Machinist Union, stated that he has organized the mechanics and they are negotiating a contract right now. He stated that the problems of the workers needed to be taken into consideration. Art Gonzalez, Mechanics Union stated that workers need to keep their wages and health care benefits up. He urged the board to keep wages competitive so workers could afford to live in San Francisco. The contract needs to be delayed. Elizabeth Grigsby stated that MV Transportation is reliable. If the MTA awards a contract to another provider, she couldn’t be sure that another provider would pick her up. She knows MV’s drivers and is comfortable with them. Keep the contract with MV. Ilene Mauser stated that she was unaware that the contract with MV was going to be changed. There was no notification to the community. She expressed satisfaction with MV and stated that she would be discomforted if there was a suddenly change. Russell Green stated that MV is on time when they pick him up. Ms. Lodde is hard working and gives him the use of two vans every year to assist him with getting people to his event. MV does a good job and is dependable and reliable. Let them keep the contract. Michael Kwok stated that he has been using MV’s service for over 22 years. He has been a member of the PCC since 1992 and has seen both sides of this issue. Only two small companies competed for this contract. Chairman Vaughns halted public comment to inquire if the paratransit broker would be willing to postpone the award of the contract for one month in order to work with the executive director and staff. Annette Williams, Manager, Accessible Services Contract, stated that it may be helpful to hear from Marc Soto, the paratransit broker, about where the project is going and what the process is. Marc Soto, Conex/ATC, stated that the bid process began in July 2005 with a goal of having the new contract in place by March 2006. He stated that he couldn’t commit to a delay but he would be happy to sit with staff outside of this meeting to discuss the issues. Chairman Vaughns requested that Mr. Soto favorably consider a delay. Kathy Elliot stated that she found out today that drivers’ wages might not be increased. MV hired her several years ago. MV emphasizes safety, training and quality of care. She has worked for another provider. MV holds driver-training meetings, safety meetings, and conducts drug testing that the other provider didn’t do. MV takes pride in what they do but they can’t pay their drivers a living wage. Alex Lodde, Chairman, MV Transportation, stated that they would defer further public comment until the next meeting. This is an extremely important piece of business and needs to be taken extremely seriously. Barry Taranto expressed sympathy for the pedestrian who was killed and for the driver. Cab drivers have to constantly deal with this problem. Jaywalkers and pedestrians think they are visible but they can’t always be seen. Inspectors are harassing cab drivers. The 24-Divisadero isn’t always on time so he has to walk. DPT should hire more officers. Kevin Hughes, IBEW Local 6, stated that he encouraged the board to support the ten-year plan for maintaining light rail vehicles. The LRV fleet has high ridership and is a high revenue system. THE FOLLOWING MATTERS BEFORE THE MUNICIPAL TRANSPORTATION AGENCY BOARD ARE RECOMMENDED FOR ACTION AS STATED BY THE DIRECTOR OF TRANSPORTATION, AND CITY ATTORNEY WHERE APPLICABLE. EXPLANATORY DOCUMENTS FOR ALL CONSENT AND REGULAR CALENDAR ITEMS ARE AVAILABLE FOR REVIEW AT 401 VAN NESS AVE. #334. 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 of the Board. 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 MTA:
RESOLUTION 05-174 On motion to approve the Consent Calendar: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns REGULAR CALENDAR MUNICIPAL RAILWAY 11. Adopting the FY2006-FY2025 Short Range Transit Plan. (Explanatory documents include a staff report, resolution, summary of comments and plan.) No public comment. RESOLUTION 05-175 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns 12. Presentation of MTA Division Budget Plans for FY2007. (Explanatory documents include a staff report.) Shahnam Farhangi, acting Deputy General Manager, Construction presented the division work plans and goals for FY07. Mike Hursh, deputy general manager, Safety, Security and Training presented the division work plans and goals for FY07. Fred Stephens, General Manager, Muni presented the division work plans and goals for FY07. Deb Ward, acting Chief Financial Officer discussed the next steps with respect to the FY07 budget. PUBLIC COMMENT: David Pilpel stated that further efforts could be made between the DPT Enforcement division and Muni’s Street Enforcement division to stay on time. The MTA hasn’t worked as cooperatively as it could to address on-time performance. Further efforts should be reflected in next year’s budget plan. 13. Authorizing the Director to award and execute Contract No. CS-141, As-Needed Specialized Engineering Services, with Booz Allen and Hamilton to provide technical and professional services for a total contract amount not to exceed $1,000,000 and for a term not to exceed three years. (Explanatory documents include a staff report, resolution and agreement.) No public comment. RESOLUTION 05-176 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns 14. Authorizing the Director of Transportation to transfer $3.2 million in Regional Measure 2 grant funds between two E-Line projects, from the project to rehabilitate 5 double-ended historic streetcars to the project to purchase and rehabilitate 11 historic streetcars; and approving the Initial Project Reports and Cash Flow Plans. (Explanatory documents include a staff report, resolution project reports and financial plans.) No public comment. RESOLUTION 05-177 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns PUBLIC COMMENT ON CLOSED SESSION ITEM: David Pilpel requested information regarding the dispersal of the monies with respect to the “Pick your Part” settlement. Deputy City Attorney Julia Friedlander stated that she would respond to Mr. Pilpel regarding his request. RECESS REGULAR MEETING AND CONVENE CLOSED SESSION CLOSED SESSION 1. Call to Order Chairman Vaughns called the closed session to order at 4:40 p.m. 2. Roll Call Present:
Also present:
3. Discussion and vote pursuant to Administrative Code Section 67.11(a) as to whether to conduct a closed session and invoke the attorney‑client privilege. On motion to invoke the attorney-client privilege: unanimously approved. 4. Pursuant to Government Code Section 54956.9 and the Administrative Code Section 67.8 (a) (3), the Municipal Transportation Agency Board will meet in Closed Session to discuss and take action on attorney‑client matters in the following case: CONFERENCE WITH LEGAL COUNSEL Existing Litigation: (4.1) City and County of San Francisco vs. Pick your Part Auto Wrecking, Superior Ct. #322841 filed on 7/12/01 for $2,662,396. (City to receive) RESOLUTION 05-178 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns 5. Pursuant to Government Code Section 54957 and Administrative Code Section 67.8, the Municipal Transportation Agency Board will meet in Closed Session to discuss: PUBLIC EMPLOYEE APPOINTMENT/HIRING: Director of Transportation This item was removed from the agenda. ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 4:47 p.m. 15. Announcement of Closed Session. Chairman Vaughns announced that the Board met in closed session to discuss CCSF vs. Pick Your Part Auto Wrecking with the City Attorney. The Board voted unanimously to settle the case. The other item listed for discussion, the appointment and hiring of the Director of Transportation, was removed from the agenda. No discussion on that matter occurred in closed session. 16. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved. 17. Appointing Nathaniel P. Ford, Sr., to the position of Director of Transportation of the San Francisco Municipal Transportation Agency, effective January 17, 2006; approving the execution of the Appointment and Compensation Employment Agreement for a term commencing on January 17, 2006 and terminating on January 16, 2011 with an initial base annual salary of $298,000 and benefits as provided in the Appointment and Compensation Employment Agreement. (Explanatory documents include a resolution, survey and agreement.) PUBLIC COMMENT: Patrick Kelly, a Coro Fellow with TWU-Local 250A, stated that the board should take things into account before appointing Mr. Ford. He conducted a survey at the direction of Mr. Sisk. MARTA has had problems with labor relations and negotiated in bad faith. MARTA cut service to the point where ridership declined. Riders have a perception of peril. Director Black stated that she checked with MARTA’s unions and the reports she received were different from what the previous speaker reported. Although times were tough, Mr. Ford was able to work with MARTA’s unions. Larry Martin urged her to vote yes on Mr. Ford’s appointment. She stated that Mr. Sunshine had done a remarkable job under difficult circumstances. Ms. Black expressed concern about the “golden parachute” in Mr. Ford’s contract and urged the board not to forget that things won’t get done without the workers. RESOLUTION 05-179 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns Chairman Vaughns introduced Nathaniel Ford who stated that would be an honor to serve the citizens of San Francisco. He looks forward to working with the Board. Chairman Vaughns expressed appreciation on behalf of the board to Ed Harrington for his efforts as a member of the selection committee and to Stuart Sunshine for his stewardship and leadership during the transition. ADJOURN - The meeting was adjourned at 4:50 p.m. A tape of the meeting is on file in the office of the Secretary to the 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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