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2:00 ‑ REGULAR MEETING ORDER OF BUSINESS 1. Call to Order Chairman Vaughns called the meeting to order at 2:03 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. Director McCray arrived at the meeting. 4. Approval of Minutes On motion to approve the minutes of the June 30, 2005 rescheduled meeting: unanimously approved. 5. Communications Director Mezey requested that items 10.1 E and H be removed from the Consent Calendar and continued to the next meeting for discussion in closed session. Chairman Vaughns acknowledged receipt of correspondence dated July 5, 2005 from Mr. Burns to Ken Rodriguez, President of TWU Local 200. Chairman Vaughns also acknowledged receipt of correspondence from Mr. Ron Mitchell of the Joint Labor Management Board and requested that the Board Secretary contact Mr. Mitchell about the time period for and source of the material that Mr. Mitchell provided. Director Din stated that the correspondence received regarding the Burke Ave. property was satisfactory. Chairman Vaughns stated that the Board has been trying to attend the monthly “Systemwide Operator of the Month” events. She requested that the Board Secretary let the Board know the date, time and location each month. 6. Introduction of New or Unfinished Business by Board Members Chairman Vaughns stated that the Board had received correspondence regarding the publics’ concern over DPT’s lack of accessibility at 1380 Howard St. She stated that she had also experienced difficulty reaching staff by telephone. The Chairman suggested that staff improve their efficiency in this regard and requested that Mr. Sunshine prioritize the issue. Exec. Director Sunshine replied that he was investigating the matter, stating that there is high staff turnover at that location. Staff will conduct a staffing plan analysis and assess the skill sets needed and will report back to the Board. Chairman Vaughns expressed serious concern over a letter sent to Supervisor Maxwell regarding an increase in the number of accidents at 18th and Third Streets. Exec. Director Sunshine stated that staff would investigate and report back. Director Kasolas requested a report and presentation on the status of the various technology incentives with a follow up report provided to the Board on a quarterly basis. 7. Executive Director’s Report -Special Recognition Award -Quarterly EEO Report -Ongoing Activities Exec. Director Sunshine stated that he was pleased to present the Special Recognition Award to Emily Kretz, Program Coordinator for the MTA’s Video Surveillance Program. Ms. Kretz and her staff manage the on-board video surveillance tapes and work closely with the Police department, the District Attorney and Worker’s Compensation to assist in the prosecution of crimes committed on Muni vehicles. Mr. Sunshine stated that Ms. Kretz testifies in court regarding the videos and had received letters of appreciation from the District Attorney and Police Department. Emily Kretz expressed her appreciation for the award. Chairman Vaughns expressed her appreciation to Ms. Kretz on behalf of the Board. Vince Harris, Deputy General Manager, Construction and Julia Friedlander, Deputy City Attorney introduced the Committee of Minority Transportation Officials (COMTO) and Project Pull interns who were working at the MTA and the City Attorney’s office. Chairman Vaughns expressed appreciation to the interns on behalf of the Board. Exec. Director Sunshine stated that the 4th of July Festivities went smoothly. Seventy-five Parking Control Officers were assigned to manage traffic. Muni provided service for Giants game as well as additional service for the festivities. The MTA received praise for their efforts. Mr. Sunshine stated that the MTA was notified about the July 7th bombing in London early that morning. Staff responded instantly and in accordance with established protocol. Mr. Sunshine stated that it was remarkable to see the high level of cooperation among city departments. On July 11th, the Department of Parking and Traffic implemented the parking fine, contractor and Residential Parking permit increases as approved by the Board of Supervisors. Staff also began to roll out the parking meter increases. This will take several weeks to implement throughout the city. All brochures, website and telephone information have been updated to reflect the changes. Exec. Director Sunshine stated that he had requested that both the third and fourth quarter EEO reports be presented to the Board so that staff was up to date with the reports. Chairman Vaughns expressed appreciation for Mr. Sunshine’s expediency in providing the fourth quarter report. However since the fourth quarter report had been received without adequate time to review it, she requested that the Board reserve the right to revisit that report in the future. Vernon Crawley, Manager, EEO Division proceeded to present the 3rd and 4th Quarter reports. Chairman Vaughns suggested that managers receive training on an annual basis and that their participation is documented. Exec. Director Sunshine stated that he had already asked for a list of managers who had not yet participated and would follow up with them. Mr. Sunshine stated that the 43rd Annual Cable Car Bell Ringing Competition was held on July 14, 2005 and thanked Chairman Vaughns and Director Din for participating. Byron Cobb, a five-time bell-ringing champion was this year’s winner. Second place was awarded to Frank Ware and third place was awarded to Howard Woo. Chairman Vaughns stated that the Cable Car Bell Ringing Competition had been executed in an excellent fashion and requested that Mr. Sunshine commend Janis Yuen for her efforts. 8. Citizen’s Advisory Council Report Dan Murphy, Chairman, CAC, expressed appreciation to Mr. Sunshine for meeting with him on the day of the London bombing. Mr. Murphy advised the Board that he had been elected as Chairman of CAC for a fourth term and Steve Ferrario as Vice Chairman for a second term. Mr. Murphy presented the CAC’s new policy recommendations. 9. Public Comment Daryl Siefert stated that as a wheelchair user, he was unable to access the inbound side of the Castro Station. On the M-line, he can’t disembark at the Balboa Park Station. He would like to see better transportation on Geary Blvd. Roger Bazeley stated that he could recommend key charter and organizational changes that would create a truly unified MTA. He stated that the Agency was not always in the lead due to a fragmented approach to program development, which creates a “tug of war” among stakeholders. Cable car personnel still need vests. Bus loading zones are inadequate. The MTA should create special double-parking zones along California St. Barry Taranto stated that he had spoken with Sylvia Harper, Director of Enforcement, who stated that staff was trying to make do with what they have. It makes sense to hire PCO’s on evenings and on weekends. Some dispatchers, who are rude, are not doing their job. He wondered why staff issued permits on days when there were major events. David Pilpel asked about the status of the August Muni General Sign-Up. He had heard that the Sign-Up had been delayed and expressed hopes that other items would still move forward. He stated that he had heard from operators that vehicles were more jerky than normal. He urged the Board to fill the vacancies on the Transbay Joint Powers Authority and Caltrain Joint Powers Authority boards and stated that it would be nice if Mr. Burns’ replacement were board members. He expressed hope that actions taken by Mr. Burns while at VTA would not conflict with San Francisco’s post-employment restrictions. He continues to be concerned about tokens and stated that he had never received a response to his prior comments on service changes. Herbert Weiner stated that Mr. Burns left the city in wreckage. He read a poem about Mr. Burns’ departure into the record. He expressed hope that Mr Sunshine and the Board would be more assertive in addressing issues and added that Mr. Sunshine has a lot on his plate to clean up. THE FOLLOWING MATTERS BEFORE THE MUNICIPAL TRANSPORTATION AGENCY BOARD WERE 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 05-113 At the request of Director Mezey, Item 10.1 E and H were removed from the Consent Calendar and continued to the August 16 meeting for discussion in closed session. (10.2) Approving the following traffic modifications: A. ESTABLISH - DIAGONAL (60-DEGREE ANGLE) PARKING – Ulloa Street, south side, from 33rd Avenue to 98 feet easterly. B. RESCIND - NO PARKING ANYTIME AND ESTABLISH - TOW-AWAY, NO STOPPING ANYTIME - Harriet Street, east side, from Ahern Way to Harrison Street. C. RESCIND - TOW-AWAY, NO STOPPING, 4 PM - 6 PM, MONDAY THROUGH FRIDAY - Masonic Avenue, west side, from Grove to Hayes Streets. D. ESTABLISH - NO PARKING ANYTIME - Warren Drive, north side, from Blairwood Lane to 60 feet easterly. E. CONSTRUCT - SPEED HUMP (CUSHION) - Gilman Avenue, between Hawes and Griffith Streets. F. ESTABLISH - MID-BLOCK CROSSWALK - Alabama St., between 24th and 25th Sts. G. ESTABLISH - TOW-AWAY, NO PARKING ANYTIME - Carolina Street, west side, from 23rd Street to 90 feet southerly. H. ESTABLISH - TOW-AWAY, NO STOPPING ANYTIME - Cambridge Street, south side, from Stoneyford Avenue to 20 feet westerly. I. ESTABLISH - PERPENDICULAR PARKING - 201 Telegraph Hill Boulevard. J. ESTABLISH - PERPENDICULAR PARKING - 275 to 285 Telegraph Hill Boulevard. K. ESTABLISH - RESIDENTIAL PERMIT PARKING AREA "S" (2-HOUR TIME LIMIT, 8 AM - 9 PM, MONDAY THROUGH FRIDAY) - Gough Street, east side, between Colton and Otis Streets. L. ESTABLISH - YELLOW ZONE (COMMERCIAL LOADING), 7 AM TO 6 PM, EVERYDAY, TOW-AWAY, NO STOPPING ALL OTHER TIMES - 7th Street, east side, between Market and Stevenson Streets. M. RESCIND - 1-HOUR PARKING TIME LIMT, 7 AM TO 6 PM, MONDAY THROUGH SATURDAY AND ESTABLISH - GENERAL METERED PARKING AREA 1(1-HOUR TIME LIMIT, 7 AM TO 6 PM, MONDAY THROUGH SATURDAY) - Stevenson Street, south side, between 5th and 6th Streets. N. ESTABLISH - NO PARKING ANYTIME - Noriega Street, north side, from the western edge of the #616 Noriega Street driveway to the western edge of the #624 property line. O. EXTEND - MUNI BUS ZONE - Bayshore Boulevard at Marengo Street, east side, from 60 feet to 100 feet north of Marengo Street. P. ESTABLISH - PERPENDICULAR PARKING - 18th Street, north side, between Potrero Avenue and Utah Street. (Explanatory documents include a staff report and resolution.) (DPT) RESOLUTION 05-114 Item 10.2 C was removed at the request of a member of the public. Barry Taranto stated that Masonic Street is the route to downtown from the Sunset District. There are traffic ebbs and tides depending on the season. This change will impact traffic and is a mistake. He urged the Board to reconsider the item. Jack Fleck, Traffic Engineer, reviewed the recommendation and stated that staff feels that one block between Fell and Hayes was sufficient to insure smooth flow of traffic. Director Kasolas moved that the item be approved with a proviso that staff would bring it back to the Board after 45 days. The motion failed for lack of a second. On motion to not approve Item 10.2 C: ADOPTED: AYES – Black, Din, McCray, Mezey and Vaughns NAYES - Kasolas (10.3) Authorizing the Director to accept and expend $9,920,000 in federal Section 5309 New Starts capital assistance for Muni’s Third Street Phase II-New Central Subway project. (Explanatory documents include a staff report and resolution.) (MUNI) Item removed at the request of a member of the public. PUBLIC COMMENT: David Pilpel stated that the staff report did not have any detail or scope on the project or information on where the additional funds would be sought. He stated that the Central Subway project was dumb and a waste of future capital and operating funds. RESOLUTION 05-115 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns (10.4) Authorizing the Director to accept and expend $500,000 in Congestion Management and Air Quality funds and to negotiate with PB Farradyne to amend its contract to purchase additional software and related services to expand the existing SFgo system by an amount not to exceed $375,000 for a total contract amount not to exceed $1,075,000. RESOLUTION 05-116 (10.5) Authorizing the Director to execute Contract No. CCO 05-914, Municipal Transportation Agency Quality Review, with Nelson\Nygaard Consulting Associates, to conduct a Quality Review, for a total contract amount not to exceed $46,219, and for a term of two years, with an option to extend up to an additional two years. This item was removed from the consent calendar at the request of a member of the public. PUBLIC COMMENT: David Pilpel expressed support for the project and concern that it took over a year to bring the item forward. He encouraged the contractor to make broader recommendations. RESOLUTION 05-117 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns (10.6) Authorizing the Director to execute Contract Modification No. 20 to Contract No. MR-1142, Third Street Light Rail Project: 22nd Street to Jerrold Avenue, with Mitchell Engineering/Obayashi Corp. with a time extension of 128 calendar days, with no cost increase to the contract amount. (Explanatory documents include a staff report, resolution and modification.) (MUNI) RESOLUTION 05-118 (10.7) Authorizing the Director to execute the Ninth Amendment to Contract No. CS-116, Design and Construction Support Services for Muni Metro East Light Rail Vehicle Maintenance and Operations Facility, with Gannett Fleming, Inc., for a contract extension of six months, for a total contract term of seven years and six months, with no cost increase to the contract. (Explanatory documents include a staff report, resolution and amendment.) (MUNI) RESOLUTION 05-119 (10.8) Accepting Contract No. MR-1148, Third Street Light Rail Transit: Ductbanks at Mission Creek and Islais Creek with ProVen Management, Inc. in the final amount of $6,767,730.01, with a final completion date of June 23, 2005, and authorizing closeout of the Contract and release of final payment in the amount of $8,956.71. (Explanatory documents include a staff report, resolution and financial plan.) (MUNI) RESOLUTION 05-120 (10.9) Approving Amendment No. 4 to the Appointment and Compensation Agreement between the City and Michael T. Burns to extend the term of the “General Manager’s Incentive Compensation Plan” to June 30, 2005 and authorizing the MTA's Deputy General Manager for Human Resources to take all steps necessary to administer the closeout of the Appointment and Compensation Agreement. (Explanatory documents include a staff report, resolution, amendment and plan.) (MTA) This item was removed from the consent calendar at the request of a member of the public. PUBLIC COMMENT: David Pilpel stated that it was not clear what would the bonus amount would be under the plan. He did not see the resolution. He referred to his previous comment regarding post-employment actions. Board Secretary Boomer stated that the resolution was omitted in error. Chairman Vaughns requested that Item 10.9 be continued to the next meeting. On motion to approve the Consent Calendar (Items 10.1 E, 10.1 H, 10.2 C, 10.3, 10.5 and 10.9 severed.) ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns REGULAR CALENDAR MUNICIPAL RAILWAY 11. Authorizing the Director to award Contract No. MR-1182R1, Muni Metro East Light Rail Vehicle Maintenance and Operations Facility Project to Stacy and Witbeck in an amount not to exceed $120,000,000 and rejecting their original bid. (Explanatory documents include a staff report, resolution, addenda and financial plan.) Vince Harris, Deputy General Manager, Construction, presented the staff report. Chairman Vaughns requested an explanation of how the contractor would achieve the DBE goal. She stated that now was the time to insure that allocations of appropriate subcontracts were awarded to disadvantaged firms. Small firms need assistance to grow, achieve and prosper. The Board will be vigilant regarding this matter. Vince Harris, Deputy General Manager, Construction stated that Stacy Witbeck had committed themselves to the goal and has provided documentation that they would exceed the goal. Six out of sixteen subcontractors are African-American companies. Exec. Director Sunshine stated that staff will be closely monitoring the contract and will keep the Board informed on the involvement of DBE firms in a proactive manner. Andre Boursse, Contract Compliance Officer, reviewed the annual certification required for contractors. Vince Harris stated that some of the funding was on a critical path and the contract must be awarded by Aug 3rd to secure Federal New Starts funding. PUBLIC COMMENT: David Pilpel stated that the future sale of Kirkland was already mortgaged toward this project and that it troubled him that the MTA was considering approval. It will further burden the Agency. He inquired if the incremental cost for deadheading buses between Metro East and the Green division had been factored into the budget. The functionality and the scope of the project continue to be compromised. He expressed concern over deterioration of equipment because of its proximity to the water. The Agency should not commit to things that increase costs unless there was an ironclad funding plan in place. Al Norman, President, Bay View Merchants Association, stated that their neighborhood had just been through numerous years of construction that put people out of business. He expressed appreciation for the Board’s diligence and concern for his neighborhoods concerns. He added that the neighborhood hadn’t had the opportunity to be part of the project and that there was no community outreach. He urged the Board to not award the contract until they explain what they are going to do with DBE contracts. Jesse Mason stated that Chairman Vaughns was correct in thinking that the prime contractors should “bring up” the sub contractors. He stated that some people didn’t get the chance to become craftsmen on the Third St. project and he wants to see young people be a part of building the Metro East facility. He urged the MTA to monitor the project and make sure that Stacy Witbeck does what they’re supposed to do. Barbara Brown stated that the contract should include a stipulation that would require local truckers and other minority contractors to be hired. Local contractors shouldn’t have to leave their neighborhood to get business when opportunity exists in their own neighborhood. She expressed support for the Truckers Association of Bay View Hunter’s Point. Barry Taranto stated that it’s important to look at traffic, parking, and reroute plans associated with the project. There are a number of cab companies in the adjacent area. He added that it’s important to monitor the contract in order to not compromise the integrity of project. Armando Tiscareno introduced himself as the project manager for Stacy Witbeck and extended an invitation to local contractors to meet with him. He stated that Stacy Witbeck did reach out to the community. Chairman Vaughns expressed hope that the people involved with the project had heard the concerns expressed regarding inclusiveness and that they will take those comments seriously. RESOLUTION 05-121 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns 12. Public hearing on Muni’s Draft FY2006-2025 Short Range Transit Plan (SRTP) and close of the SRTP public comment period. (Explanatory documents include a staff report.) PUBLIC COMMENT: David Pilpel stated that he did not submit written comments because he had experienced hostility from staff in the past and that staff wasn’t interested in changing the document. He stated that he was not in favor of the Central Subway project and called it a bad idea. The plan should focus on increasing efficiencies and on increasing revenues. The report does not delineate between primary and secondary radial lines. Capital projects that decrease operating costs should be pursued as a much higher priority. 13. Adopting an overall annual goal of 26 percent for Disadvantaged Business Enterprise contracting for Department of Transportation-assisted contracts for fiscal year 2006. (Explanatory documents include a staff report, resolution and methodology.) No public comment. RESOLUTION 05-122 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns PUBLIC COMMENT on matter within Closed Session: David Pilpel stated that he understands that a search for a new Director of Transportation is underway but doesn’t know when, if or how funds were authorized for the search. He stated that it was appropriate for the Board to discuss potential candidates for the position in Closed Session however any discussion of characteristics would be appropriate for discussion in Open Session. He expressed the belief that the acting director would be a fine fit for the permanent job. The Board should distinguish between a Director of Transportation who needs to run political interference and make policy decisions and a General Manager who needed to know how to run operations. Chairman Vaughns called Item 6 out of closed session for discussion in open session. Chairman Vaughns introduced Stephanie Pinson, President of Gilbert Tweed and stated that Ms. Pinson was under contract to assist the Board in identifying potential candidates for the position of Director of Transportation. Stephanie Pinson stated that Gilbert Tweed had been the search firm who was involved in the search for a Director of Transportation six years ago. Gilbert Tweed is a woman owned firm with significant experience in transportation and government services. She stated that she hopes to have a report soon. Chairman Vaughns expressed appreciation to Ms. Pinson on behalf of the Board. RECESS REGULAR MEETING AND CONVENE CLOSED SESSION CLOSED SESSION 1. Call to Order
Chairman Vaughns called the closed session to order at 5:07 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: Unspecified to protect settlement posture 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: THREAT TO PUBLIC SERVICES OR FACILITIES Robert Hertan, Director, MTA Security Programs 6. 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 Chairman Vaughns called item 6 from closed session for discussion in open session. ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 6:08 p.m. 14. Announcement of Closed Session. Chairman Vaughns announced that the Board met in closed session to discuss a threat to public services or facilities with the Director of Security Programs and for a conference with legal counsel to discuss existing litigation. There was no action taken in closed session. 15. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved. ADJOURN- The meeting was adjourned at 6:09 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 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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