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2:00 ‑ REGULAR MEETING ORDER OF BUSINESS 1. Call to Order Chairman Vaughns called the meeting to order at 2:02 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 January 17, 2006 Regular Meeting: unanimously approved (Black, McCray-absent). 5. Communications Chairman Vaughns stated that all board and commission presidents had been requested to read a letter from Mayor Gavin Newsom regarding the budget. Chairman Vaughns requested Board Secretary Boomer to read the letter. Chairman Vaughns advised that the Board and staff would respond to the Mayor’s directive as appropriate. Board Secretary Boomer informed the Board that Items 15 and 16 regarding Workers’ Compensation had been removed from the agenda at the request of staff. Director Black arrived. 6. Introduction of New or Unfinished Business by Board Members Chairman Vaughns, noting that Prop E refers to the Director of Transportation, requested that legal counsel investigate and provide information regarding necessary procedure to change the working title from Director of Transportation to Executive Director/Chief Executive Officer. Deputy City Attorney Friedlander stated that nothing in Prop. E that prohibits the Board or the incumbent from using a different title. Chairman Vaughns requested that the Board Secretary agendize the matter for the next meeting. Director McCray arrived. Chairman Vaughns requested direction from legal counsel regarding the process for including the Parking Authority under the responsibility, accountability, auspices of the Executive Director. Deputy City Attorney Friedlander stated that she would investigate the issue. (6.1) Election of MTA Board Chairman and Vice Chairman pursuant to MTA Rules of Order Chairman Vaughns stated that she had been requested by the Mayor’s office to postpone this election to a later date because the Mayor was in the process of appointing two new appointees to complement the Board. The election of officers was tabled. 7. Executive Director’s Report (For discussion only) -Ongoing Activities Exec. Director Ford introduced Shahnam Farhangi, acting Deputy General Manager, Construction, who presented a status report on the Metro Overhead Lines Reconstruction Project. Exec. Director Ford stated that work continues on the Transit Effectiveness Project. It was previously stated that staff would present the scope of work and budget to the Board at the February 7 meeting, however staff was still negotiating with the contractor, Transportation Management Design. The item will be presented to the Board at a future meeting. On February 1, Director Din participated in the TEP Policy Advisory Committee. The TEP is expected to wrap up in June 2007 but staff will move ahead on certain recommendations as they come forward. Exec. Director Ford announced that Mike Hursh, Deputy General Manager for Safety and Training will be leaving the MTA to work for VTA and thanked Mr. Hursh for his dedication. Mike Hursh thanked the Board for the opportunity to care for the system. Chairman Vaughns expressed her appreciation on behalf of the Board to Mr. Hursh and wished him well. Director Kasolas requested an update in sixty days on the status of the MTA’s efforts to secure Homeland Security grant funds. Chairman Vaughns requested a quarterly report on contracts issued under the Executive Director’s discretionary authority. E.D. Ford stated that a report would be provided on a quarterly basis. 8. Citizen’s Advisory Council Report Daniel Murphy, Chairman, CAC, expressed appreciation that the CAC was included in the T.E.P. Policy Advisory Group. The CAC does not have new budget recommendations. 9. Public Comment David Pilpel stated that the switch at the Castro Station crossover doesn’t clear properly which results in a timing delay. Also, due to the bus substitution for the Metro Overhead lines project, there are too many buses in the Castro and on Market Street. He stated that the Board should re-look at its fare policy and revenue collection and suggested appointing a Board member to the Joint Powers Board and the Transbay Joint Powers Authority. DeeAnn Hendrix, PCC Secretary, stated that her experience with MV Transportation was not the best. Sometimes she waits for one to four hours. Sometimes MV wouldn’t come at all and they are never on-time for her standing reservation on Thursdays. Drivers don’t do the “four-point tie down”. She stated that she looks forward to working with Transmetro and Medsam. Laurie Graham stated that she supports the process by which vendors were selected to provide paratransit van service. The selection committee included paratransit users and the Paratransit broker kept the PCC apprised of the committee’s progress. She further stated that it is difficult because not all companies are selected however she supports the outcome and the process. Unfortunately MV has had significant service quality issues in past few years. Jessie Lorenz, Mayors Office of Disability, stated that their office works to insure that the city and county is in compliance with the ADA. Their office has reviewed the RFP process and believes that it was fair and objective. He stated that their office also processes complaints. An overwhelming number of the complaints they receive are against MV Transportation. Alex Lodde, MV Transportation, stated that the process was unfair and will be disastrous for San Francisco. ATC/Conex has done everything in it’s’ power to subvert the process. Elizabeth Grigsby was on the panel and was told that MV wasn’t going to be the provider even before the process began. The new contractors don’t have the depth or talent to provide the service and Transmetro’s vehicle insurance has lapsed several times. Russell Green stated that riders just learned that MV wasn’t going to be providing service. While MV doesn’t provide on-time service all the time, they aren’t one to four hours late. MV just went union. He urged the Board to keep MV in business. Elizabeth Grigsby stated that she was on the committee that looked over the lift van proposals and she doesn’t think the process was fair. She stated that she was told that whoever got the lowest bid would be picked but now she is hearing a different story. She stated that she was also told that if she were to stay with MV that she would have to pay out of pocket. MV is doing the best they can. They are late sometimes but that’s because of the system they use. She requested that the Board give MV their contract back. Derek Calhoun, Manager, MV Transportation, expressed concern that the process be thoroughly investigated. This action affects tons of union jobs. He stated that he has grave concerns for his employees and riders. Flo Ioane stated that she has worked for MV for 15 years and is proud of what she does. People enjoy riding with MV. They don’t want to ride with anybody else and won’t feel safe with people they never rode with. San Francisco will lose experience and know-how. John Biard, Attorney for MV Transportation, stated that the RFP didn’t contain provisions for employees. MV has asked several times for documents that support the decision. ATC/Conex is hiding that they are a private company. There are issues regarding cancelled insurance and falsified safety records that need to be looked at. Lonnie Ruben stated that MV is a dedicated group of people who are compassionate. If given a fair opportunity, MV would receive some, if not all, of the contract. He stated that he is not happy that MV had been aced out. MV’s number one concern is the clients they serve daily. He urged the Board to take closer look. Thomas George-Williams, United Taxicab Workers, stated they have asked for over a year for enforcement of white zones in front of downtown hotels. Limousines are stealing fares from taxicabs. In July some officers started to enforce the white zone but it was without effect. Limos need to adhere to the five-minute rule. Regarding MV Transportation, he stated that it is outrageous to replace a union operator with a non-union provider. Silas Telfor stated that the MV process was not fair. The elderly and sick are disturbed. He stated that he doesn’t have problem with choice, but does have a problem with bickering and with the two new companies. He expressed hope that the Board reviews this. Howard Strassner stated that it was time to kill the Central Subway project. The cost is up to $1.5 billion and the project won’t carry anybody. The Sierra Club has provided a letter that outlines 23 ways to help Muni. They don’t want to see more fare increases or service cuts. The parking tax is important because it destroys the opportunity to build more garages downtown. Meter rates need to keep going up. He asked what was sacred about meters not operating on Sunday or stopping at 6:00 p.m. Barry Taranto wondered why cable cars were idle for so long at certain stops and suggested that if there was better and more enforcement maybe they wouldn’t have accidents. The MTA should make sure it hires more officers. He stated that people aren’t being told about the bus substitution for the Castro/Market project until they get down to the platform. He expressed hope that the MTA keeps enforcing transit corridors. Steve Rockwell, Institute on Aging, expressed support for Medsam and stated that Medsam transports frail seniors to their sites. Medsam has provided high-quality service. Eva Block expressed support for Medsam as a long time service provider to Lighthouse for the Blind. Medsam is on-time and courteous and the Lighthouse is very happy with how they treat us. Paralee Wells stated that Medsam always takes her to her door and she appreciates them. They are great people. Sandra Fancher, PCC, expressed support for Medsam as she has had positive results with them. Erma Brim stated that she had been a long-time user of paratransit services. MV is not perfect and neither is Medsam. MV has provided transportation whether there was money or not. They are in her neighborhood while the others are from somewhere else. Denise Guillory asked why she has to go to Medsam or Transmetro. These are companies that she knows nothing about. She stated that she feels a lot better with MV and has been riding with them since 1996. MV dispatchers and drivers are courteous and protective. MV provided help when she didn’t have a reservation. It’s not right to move her to another service. Linda Cole stated that her mother uses MV three times a week. MV has given them fairly good service and MV dispatchers have helped them out considerably. When MV is going to be late, they gave notice and MV has waited when necessary. Drivers are kind and considerate. Please don’t change contractors. Rua Graffis, United Taxicab Workers, stated that she has had both good and bad times with MV. Most of the problems were because drivers were new. There is high driver turnover because of low wages. RFPs should require that the contractor provide minimum benefits for their workers. Patricia Lovelock, PCC, stated that she had heard constant and unrelentingly complaints against MV. The PCC has had MV attend their meetings over and over again and have requested changes. MV needs to get really straight that they are not the only game in town. People may be afraid of a change initially but if others can provide better service, then that’s what needs to be done. Ruth Lawner, PCC, stated that she keeps hearing MV say how wonderful they are. The Mayor’s Disability Council has had a plethora of complaints against them. When MV makes riders late for their medical appointments, doctors cancel the appointments but still bill Medicare. Paul Lee, Secretary-Treasurer, TWU, Local 250A, stated that he represents MV drivers. San Francisco will lose quality service. Users have testified that MV doesn’t just drop people off but that MV goes all the way to meet the user’s needs. He expressed concern that many employees will be facing unemployment and expressed hope that the Board will help MV stay in the picture. Michael Brown stated that he has been working with MV since 1996. His job is to help clients get down the stairs. It means so much to people when they can get out of their nursing homes. Many things can go wrong when moving people in wheelchair. Vincent Webster, MV Safety and Training manager, stated that MV is a family owned and operated company. The owners working side by side with the employees and MV hires, trains and promotes from within. MV is deeply embedded in the Bayview community. Katie Greeter, MV rider, stated that she enjoys MV and wants to stay with them. Bettye Brooks requested that MV’s contract be renewed. She is a dialysis patient and is picked up three days a week by MV. She stated that she has no problem with MV and hasn’t heard any complaints. It would be a tragedy if MV’s contract isn’t renewed. Cathy Davis stated that MV has been serving the BVHP Senior Services Center for over 30 years. She requested that the Board look at the process because it doesn’t make sense that MV ranked last in experience, management and maintenance. There is a conflict with Conex who is competing with MV across the country. The smaller companies will not be able to take over the contract on April 1 and it will result in seniors being hurt. Dorothea Velez stated that she has been left waiting in the rain by other providers for two hours. MV has drivers who are courteous and safe. One of the other company’s driver was rude and talked on the phone while driving. That driver screamed at her when she said something. MV is doing a good job. Herbert Weiner stated that he would like a monthly report that would include runs missed, lateness of runs, how statistics differ from the previous month and what Muni is doing to remedy the problems. This information should be posted on the web. He stated that he waited for a 1-California bus for a long time and when a bus did arrive, the operator had no explanation for why the bus was late. He stated that there is a similarity between Muni and the lottery – both are a gamble. Alex Gaines stated that sometimes MV has been late but he’s gotten to his dialysis appointments. He stated that his driver is a nice lady and asked that MV be able to stay with him. Samelisha Duke stated that MV started talking with the unions when Muni started talking about having more than one provider for lift van service. Transmetro drivers are getting better and are being provided with more training. Transmetro is capable of taking over. Griff Humphrey, PCC member, stated that he was a member of the selection committee to pick a new provider. He stated that he was not happy with the way it turned out but he must say that the committee went overboard to be fair. Bruce Oka stated that he has nothing but the highest respect for the process that took place in the selection of Transmetro and Medsam. MV has been our friend and partner in paratransit since the beginning. One cannot overlook the numerous attempts to bring MV up to snuff with regards to complaints and on-time performance. The process was fair and above board and it’s unfair to characterize the broker as the villain. Marc Soto, ATC/Conex stated that the process was similar, if not identical to the process used in 2001 when MV was chosen as the lift van provider. He stated that materials that would be helpful to MV in understanding the process were provided to them. Both of the new providers have proven records. He stated that they will allow ample time for a smooth transition and they are currently doing extensive public outreach. Annie Parks stated that she called Transmetro on Sunday to try the service. The phone number had been changed and when she was referred to another number, a voice message said that nobody was available. Transmetro is not prepared to meet the public’s demands. Keep the MV contract. Nick Buick stated that they used to use MV but changed because frail and elderly seniors would wait for hours. They finally called it quits with MV and have been using Transmetro ever since. Transmetro has provided excellent service. Lawrence Lynn stated that he is concerned about losing MV. MV helped his mother a lot and he doesn’t believe that other providers will be able to help. Keep the MV contract. Corteylo Shepherd stated that MV is like family to their clients. Please keep their contract. Lupe Laulu, MV driver, stated that she loves everybody that she picks up. Her riders love how she treats them and they will miss her if she’s gone. The contract is important to MV employees who want to work. The employees want MV to have their contract back. Larubiana Naylor, MV driver, stated that she needs her job. MV loves their clients and takes good care of them. Drivers are late because of traffic. The contract should be reconsidered. Kevin Klika, MV transportation, stated that MV put higher wages and better benefits in their contract. He stated that an outside consultant should look at the process for the best interests of their clients. The new providers have called MV’s managers and asked MV’s managers to work for them. Iona Longhorn expressed appreciation to MV for being accommodating, for operators who provide the proper change, for drivers who don’t just leave her on the street and for the owner who helps her. She expressed hope that she can still have MV. 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 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 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 06-009 (10.2) Approving the following traffic modifications: A. ESTABLISH - RESIDENTIAL PERMIT PARKING AREA "W" (2-HOUR TIME LIMIT, 8AM - 6 PM, MONDAY THROUGH FRIDAY) - Rhode Island Street, both sides, between from the 1100 block of Rhode Island to 22nd Street and Bryant Street, both sides, between 21st and 22nd Streets. B. ESTABLISH RESIDENTIAL PERMIT PARKING AREA "J" (2-HOUR TIME LIMIT, 8 AM – 6 PM, MONDAY THROUGH FRIDAY) -Lincoln Avenue, south side, between 7th and 8th Avenues. C. ESTABLISH - RESIDENTIAL PERMIT PARKING AREA "S" (2-HOUR TIME LIMIT, 8 AM - 9 PM, MONDAY THROUGH FRIDAY) - Divisadero Street, west side, between Haight and Waller Streets. D. ESTABLISH - RESIDENTIAL PERMIT PARKING AREA "Z" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - Church Street, both sides, between Cesar Chavez and 27th Streets. E. ESTABLISH - TOW-AWAY, NO STOPPING, 4 PM - 6 PM, MONDAY THROUGH FRIDAY - Geary Street, south side, from the Powell Street intersection to 138 feet easterly. F. F. ESTABLISH - TOW-AWAY, NO STOPPING ANYTIME - South Van Ness Avenue, west side, from 60 to 100 feet north of the Cesar Chavez Street intersection. G. ESTABLISH - UNMETERED MOTORCYCLE PARKING - Harriet Street, west side, from 245 feet to 292 feet north of Bryant Street. H. ESTABLISH - TOW-AWAY, NO PARKING, 8 PM TO 4 AM, FRIDAY NIGHT THROUGH SUNDAY MORNING - Broadway, both sides, between Columbus Avenue and Montgomery Street. I. RESCIND - TOW-AWAY, NO STOPPING, 4 PM - 6 PM, MONDAY THROUGH FRIDAY - Howard Street, north side, between Main and Beale Streets. J. RESCIND - TOW-AWAY, NO STOPPING, 7 AM - 9 AM, AND 4 PM - 6 PM, MONDAY THROUGH FRIDAY - Howard Street, north side, from Beale Street to 200 feet westerly. K. ESTABLISH - RIGHT LANE MUST TURN RIGHT EXCEPT MUNI - Howard Street, eastbound, approaching Spear Street. L. ESTABLISH - BUS STOP, TOW-AWAY, NO PARKING, 6 AM TO 10 AM, MONDAY THROUGH FRIDAY - Howard Street, south side, from Spear Street to 90 feet easterly. M. ESTABLISH - BICYCLE LANES - Howard Street, westbound, from the Embarcadero to Fremont Street. N. ESTABLISH – BICYCLE LANES – Northbound Potrero Avenue at the Cesar Chavez Interchange from the 101 southbound off-ramp to 190 feet southerly. (Explanatory documents include a staff report, resolution and financial plan.) RESOLUTION 06-010 Items I, J and K were removed from the consent calendar at the request of a member of the public. PUBLIC COMMENT: Barry Taranto discussed items I, J, K and stated that as a result of what happened on New Montgomery and Howard, these changes should be done on a trial basis. Staff needs to make sure that cars stay on Howard Street and that they don’t return to Mission Street. Traffic near the convention center is a mess. Jack Fleck, Traffic Engineer, stated that the changes are west of the location described by Mr. Taranto so the comment about Moscone Center isn’t relevant. On motion to approve the Consent Calendar (Items I, J and K severed): ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns On motion to approve Item 10.2, I, J and K: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns REGULAR CALENDAR 11. Discussion of various proposals for the FY07 MTA Budget and possible action to direct staff to include certain proposals in the FY07 MTA budget. (Explanatory documents include a staff report.) E.D. Ford stated that the draft budget included approximately $667 million in expenditures and a revenue shortfall of $4.1 million. The draft budget includes no proposals to increase fares, fees or fines or layoff employees but does include a proposal to increase some garage rates. The MTA can address the shortfall by a more in depth budget review. Brenda Walker, Acting Budget Manager, presented the FY07 budget. Director Kasolas recommended that staff move ahead with a 5% budget cut and report back to the Board. Chairman Vaughns requested that staff provide a comparison of what a 1%, 3% and 5% cutback in the budget would look like. Chairman Vaughns stated that the Board would have the opportunity to address the budget at their February 21 and February 28 meeting. The February 28 meeting will begin at 10:00 a.m. and must be concluded by 3:00 p.m.
Charlie Walker stated that he had appeared before the Board three or four times previously to discuss left turns on Third St. The people who built Third St. are getting ready to close off Cargo Way to left turns. The turns should be allowed after 8:00 p.m. No one has given the community the common courtesy of saying that they would look at it. Chairman Vaughns stated that the Board heard his comments and that Mr. Ford will get back to him within 30 days. Nile Heitz stated that Bayview residents were told that the Cargo Way bridge would only be closed for six months but that was two years ago. The left turn lane at Arthur is very wide and left turn lanes are being made there. He stated that he had heard that a bicycle lane will be put in at that location but the traffic lanes are very narrow. Mr. Heitz presented a petition to the Board. Howard Strassner stated that it’s good to have the preventive maintenance initiatives but they are balanced by large one-time transfers. He stated that he had been calling for a reserve fund so it’s good that the MTA is going to do that. The MTA can do some good with the parking stuff. When you set a pace of higher, better meter rates, money will keep coming in and you will solve your problems in the long run. This draft budget is a good start. Thomas Georges-Williams stated that Supervisor Alioto had proposed a law that extends cab service to the paratransit community for one year. There is talk about another meter increase. The MTA needs to put increases into their own budget. Rua Graffis, United Taxicab Workers, stated the industry was promised that the meter rate would sunset in three years. The legislation was good because it provided cab service to paratransit riders but it takes money out of the drivers’ pockets. If Muni has a budget problem there are ways to resolve it by better fiscal management. Mark Gruberg, United Taxicab Workers, stated that towards the end of 2002, cab companies had asked the Board of Supervisor for a taxi meter increase to fund an increase to their gate fee. In return, they were promised a health care plan, which cab drivers are still waiting for. Cab drivers signed off on the legislation based on the promise of a three-year sunset clause. Muni has no right to ask for an extension. The MTA or the Transportation Authority should find the money in their budgets. 12. Public hearing on possible changes to parking rates in Parking Authority and City-owned garages and lots. (No explanatory documents.) Ron Szeto, acting Executive Director, Parking Authority, presented the staff report. Director Kasolas requested that staff propose parking rates for motorcycles. PUBLIC COMMENT: Howard Strassner, Sierra Club, stated that Prop. E precludes the MTA from filling up garages with monthly parkers. Two dollars an hour is low when it costs $1.50 to ride Muni. The chart prepared by Mr. Szeto should be expanded to include other garages. Mr. Szeto makes conservative predictions. Mr. Strassner urged the Board to get more aggressive with the increases. If someone comes into a garage during the peak period, there should be a surcharge. David Pilpel expressed support for the direction that staff is going. Norman Rolfe stated that the MTA is supposed to encourage the use of public transportation. If it is too easy and cheap to use garages, people will be discouraged from using public transportation. He urged the Board to maximize revenue and ridership for Muni. The main premise should be to increase public transit use. This item was continued to the meeting of February 21, 2006. 13. Authorizing the Director to execute the contract with Pacific Park Management, Inc. for the management of the Mission Bartlett Garage, for a term of six years commencing January 1, 2006, with extension options not to exceed four years, for a monthly management fee of $1,000 dollars, and with an annual incentive fee not to exceed $25,000 dollars per contract year. (Explanatory documents include a staff report, resolution and contract.) PUBLIC COMMENT: Ruby Harris requested that the contract not be awarded to Pacific Park Management. This is a huge disservice to the community. Revenues generated by the garage will be invested outside of the neighborhood. The process was flawed and the Board should deny the granting of the contract. Teresa Garcia requested that the Board deny the award of the contract to Pacific Part Management. The process was flawed and biased. MEDA has successfully managed the garage for the past 14 years. Pacific Park Management isn’t really a disadvantaged business. She urged the MTA to start the process over again. Rosabella Safont stated that compassion and common sense didn’t filter down to the Department of Parking and Traffic. It is disingenuous to talk about working with the community. Legislation could have been worked out with the Board of Supervisors that changed the DBE requirements. DPT should have guaranteed a fair process but they set up roadblocks. The political will is such that this garage will be taken away from us. Luis Granados stated that the mission statement of the MTA includes keeping the public interest in mind. The community interests that were in MEDA’s proposal were not in other bidders proposals. The recent denial of the contract by the Board was an opportunity to start over. Staff did not take the opportunity to craft a compromise that would have created a win-win situation. Tomas Lee, Supervisor Ammiano’s Office, stated that Sup. Ammiano urged the Board to continue the matter to allow staff to work with MEDA. The Mayor had indicated strong support for a solution that would benefit both organizations and had directed staff to contact MEDA and Supervisor Ammiano’s office to discuss a proposed compromise. He urged the Board to heed the request by the Mission’s community organizations to retain the garage as a community asset and to channel the revenues towards projects that benefit the community. Eric Quezada stated that it’s a no-brainer to look for a win-win situation with the community. He does not understand why the MTA wouldn’t look at ways of having the greatest impact on the community when that’s the direction that the Mayor had been asking for. He stated that the MTA should start the process over again. Losing this valuable asset would be detrimental to the community. RESOLUTION 06-011 On motion to approve: ADOPTED: AYES – Din, Kasolas, Mezey and Vaughns NAYES – Black and McCray 14. Authorizing the Director to execute Contract Modification No.3 to Contract No. CCO-03-883 with Brookville Equipment Corporation, for the partial rehabilitation of 11 Presidents Conference Committee streetcars to increase the total contract amount by $3,201,181, for a total contract amount not to exceed $7,259,910.22, and to extend the time of completion by 395 calendar days to March 10, 2007. (Explanatory documents include a staff report, resolution and contract modification.) PUBLIC COMMENT: David Pilpel stated that Metro East has very little covered storage and because it is close to the water, there will be further deterioration of the vehicles. RESOLUTION 06-012 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns 15. Authorizing the Director to execute a contract for Workers’ Compensation Bill Review Services and Medical Treatment Utilization Review Services with Fair Isaac Company for five years, plus two one-year extensions, for an amount not to exceed $675,000 per year. (Explanatory documents include a staff report, resolution and contract.) This item was removed from the Agenda at the request of staff. It will appear on the February 21, 2006 agenda. 16. Authorizing the Director to execute the Second Amendment to the Consulting Agreement and a separate License Agreement for the use of a proprietary business model for workers’ compensation bill review with David Donn Consulting with license and consulting fees based on a percentage of the workers compensation medical costs savings to the MTA, fees not to exceed $95,000 per year. (Explanatory documents include a staff report, resolution, amendment and agreement.) This item was removed from the Agenda at the request of staff. It will appear on the February 21, 2006 agenda. 17. Public hearing and possible action regarding the start time of the MTA Board of Director’s meeting. (Explanatory documents include a staff report and resolution.) PUBLIC COMMENT: David Pilpel stated that he was not initially supportive of the move to 2:00 p.m. but admits that he was wrong. This item is worth reviewing from time to time. RESOLUTION 06-013 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns 18. Public Comment on matters to be considered in Closed Session. Thomas George Williams stated that the paratransit debit card contract is narrow minded because it doesn’t provide options to taxi cab companies. It provides one system from only one company. David Pilpel stated that if the action in closed session concludes the Rodriguez matter then he would reluctantly be supportive. It is unfortunate that we have to pay this amount of money and that it took so long. It is most prudent to conclude the matter. Dan Hinds stated that GPS Data Solutions put in the winning bid for the paratransit debit card contract. At the time, the taxicab industry gave overwhelming support. Later, due to a failure to obtain a bond, the contractor struck a deal and betrayed the cab industry. The proposal is overpriced, ill conceived and out dated. We support the debit card program but don’t support this project. Jim Gillespie stated that the taxi community has serious concerns with the debit card project. It is in the hands of questionable contractors. The current contract must be halted and rebid. Without the support of the taxi industry, paratransit service couldn’t succeed. It is important to seriously consider the industry’s views. The cab industry supports the goals of the debit card project. Rua Graffis stated that as a cab driver and paratransit user, she has a high interest in seeing this project move forward. The project would save over three million dollars in printing costs alone. She stated she’s here today to say “slow it down”. The contractor said that it would be an open system but after they got the bid, it was a shell game. Bruce Oka stated that cab companies rarely agree on any one subject. That they united on this issue must serve as a signal that there is something wrong. Whether the process was fair or not, the industry does not support the project. The project is not going to work if the industry doesn’t support it. Re-biding the contract is better than forcing the current contract on an industry that can’t support it. 19. 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. RECESS REGULAR MEETING AND CONVENE CLOSED SESSION CLOSED SESSION 1. Call to Order Chairman Vaughns called the closed session to order at 6:58 p.m.
2. Roll Call Present:
Also present:
3. 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) Kenneth Rodriguez & Sandy Funes, District Court of Appeals #A109980, filed on 5/22/01 for $460,000 (Rodriguez to receive $230,000, Funes to receive $230,000) RESOLUTION 06-014 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, and Mezey NAYES - Vaughns 4. Pursuant to Government Code Sections 54956.9, and Administrative Code Section 67.8 (a) (3) the Municipal Transportation Agency Board will meet in closed session to discuss attorney‑client matters in the following case: CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation regarding the Paratransit Debit Card Program: ___X___ As defendant __X__ As plaintiff ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 8:10 p.m. 20. Announcement of Closed Session. Chairman Vaughns announced that the Board met in closed session to discuss the Rodriguez/Funes case with the City Attorney. The Board voted to settle the Rodriguez/Funes case on a five to one vote with Chairman Vaughns opposed. The Board also met in closed session for a conference with the City Attorney to discuss anticipated litigation regarding the Paratransit Debit Card Program. The Board took no action on that matter. 21. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved (McCray-absent). ADJOURN - The meeting was adjourned at 8:12 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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