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2:00 - RESCHEDULED MEETING ORDER OF BUSINESS 1. Call to Order Chairman Vaughns called the rescheduled meeting to order at 2:01 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 May 31, 2005 special meeting and the June 7, 2005 regular meeting: unanimously approved (McCray-absent). 5. Communications Chairman Vaughns stated that it was incumbent upon the Board, from time to time, to acknowledge commendations received regarding staff’s performance for doing a good job. She commended Mr. Scott Ruble of the Parking Authority for his professionalism and kind assistance. She requested that Mr. Szeto, acting Director, Parking Authority, acknowledge Mr. Ruble on behalf of the Board. 6. Introduction of New or Unfinished Business by Board Members At the request of Chairman Vaughns, Board Secretary Boomer read a memo dated June 21, 2005 regarding the annual designation of Parking Authority members. All board members have been designated to serve as members of the Parking Authority for FY06. Chairman Vaughns stated that Director Din had expressed concern with the response provided to the Board by the Parking Authority regarding storage issues. She added that Director Din had requested that staff develop a definitive policy that addressed the rate schedule, terms and request process for the lease of garage space. Chairman Vaughns noted receipt of the Marketing Plan and stated that the marketing plan did not address efforts that the MTA was currently engaged in and that it should have more specificity for the fiscal year 2005/06. Board Secretary Boomer stated that the Board would be receiving a presentation on the marketing plan at the August 16 meeting. Chairman Vaughns stated that this board meeting was Michael Burns’ last meeting with the MTA Board. She stated that Mr. Burns’ stewardship had been unparalleled and greatly appreciated. She expressed gratitude and appreciation to Mr. Burns and wished him the best. Exec. Director Burns stated that the past six years had been rewarding and expressed appreciation for the opportunity to work with the board, his fellow employees and stakeholders. Director McCray arrived at the meeting. 7. Director’s Report -Annual Security Report -Storage at public garages -Ongoing Activities Exec. Director Burns stated that the weekend “Gay Pride” activities went smoothly. Mr. Burns commended the PCO’s for keeping things in control. Mr. Burns announced that Supervisor Aaron Peskin had introduced the tow contract at the Board of Supervisors. Staff anticipates that the contract will be approved in advance of the expiration of the current agreement. Mr. Burns continued his report by stating that three charter amendments were currently being discussed in a Board of Supervisors’ committee. The first one, introduced by Supervisor Sandoval would reverse many of the reforms instituted by Prop E. and would return line item control of the budget to the Board of Supervisors. The second charter amendment, by Supervisor Ammiano, would split the appointments to the MTA Board between the Mayor and the Board of Supervisors. If this item were approved in November, the current Board would be dismissed in April. There is significant concern that these charter amendments would impact the recruitment of a new director because they would make it more difficult to recruit someone to make a major career change with such uncertainty. The third charter amendment, introduced by Supervisor Alioto-Pier, would implement meter enforcement on Sundays with the revenues being dedicated to local business districts rather than to the MTA. The Board of Supervisors approved the MTA’s budget on June 14 by vote of seven to three. As promised, staff will present a report on the budget to the MTA Board on a quarterly basis. Muni is in the process of printing maps for the summer and is also updating maps in bus shelters. Staff iss also preparing to print maps in the Fall to reflect the service adjustments that would be going into effect on September. Exec. Director Burns discussed the actions that both Muni and DPT would take in the event of a BART strike. Contingency plans are in place. Caltrans and DPT have determined that the Central Freeway and Octavia Blvd. projects would be formally opened on August 19th. Also, the California Highway Patrol had unofficially notified the MTA that they plan to reopen Beale Street to traffic on August 1. It was closed after the September 11 tragedy due to security concerns. Director Mezey requested that staff provide an update on the long-range revenue sources that were discussed as possible solutions to the budget shortfall. Exec. Director Burns stated that staff would prepare a report. The bills currently being considered in Sacramento were continuing through the Process. The Board of Supervisors has been discussing a sales tax measure, which would be dedicated to health care. Staff was continuing to work with the city on the possibility of a parking tax. Director Black inquired how the charter amendments would impact the search for a new Director of Transportation. Exec. Director Burns stated that the recruiter expressed serious concerns about the ability to attract a qualified candidate should the measures pass. Robert Hertan, Director of Security Programs presented the Annual Security Report. Dan McDonagh, Acting Captain, Crime Prevention Company, presented the Incident Summary Report for June 1, 2004 to May 31, 2005. He stated that Muni was a very safe system. Director Kasolas requested that staff contact cities with similar sized transit properties to see what their experiences were. Director Din inquired about the status of the fare evasion pilot program on the 14-Mission. Exec. Director Burns stated that staff would provide an update on that program at a future meeting. Bond Yee, Deputy Director, DPT introduced the Summer Intern program and the interns. Chairman Vaughns expressed appreciation to the interns on behalf of the Board. Chairman Vaughns requested that the COMTO interns be introduced at the next Board meeting. At the request of Chairman Vaughns, Deputy City Attorney Julia Friedlander provided an overview of what the Board could and could not discuss with respect to hiring a new director. Ms. Friedlander stated that the Board could meet in closed session to discuss qualities of specific candidates but could not discuss compensation or the general recruitment or selection process. 8. Citizen’s Advisory Council Report Dan Murphy, Chairman, Citizen’s Advisory Council stated that the CAC had no new recommendations. Mr. Murphy thanked Mr. Burns and commended him for his vision in 1999 to make Muni a world-class transit system. Since the passing of Prop E., Muni has improved every year. Mr. Burns’ stewardship has had a lot to do with that success. Mr. Burns lived up to his promise to collaborate with riders, Rescue Muni and the CAC. 9. Public Comment Barry Taranto stated that he wanted to make it to Mr. Burns’ last meeting out of respect. Mr. Burns had been a personable director who really listened. He added that Mr. Sunshine is a great person to carry on what Mr. Burns started. He noted that parking meters in some parts of the city won’t work on Sunday and that the MTA should keep an eye on a Muni employee whose application for a taxi medallion was rejected because the employee provided fraudulent information. He noted that construction on Kearny St., scheduled to start at 7:00 p.m., should not start sooner than 8:00 p.m. Staff needs to assess how dispatchers were responding to complaints. Ernestine Weiss thanked Mr. Burns for the wonderful job of bringing Muni up to a performance level of 70% or more and wished him the best in his future endeavors. She stated that buses were filthy and unacceptable and drivers had to be instructed to refuse to allow people to board if they were carrying drinks, even the that drinks are covered. She noted that there was still no enforcement at Clay and Grant. Jeanne Lynch stated that she wished Mr. Burns well and thanked him for his support and leadership. William Sisk, President, Local 250-A, read a letter that TWU had submitted to Mr. Burns and Mayor Newsom regarding a threatened walk-off by members of 250-A. He stated that 250-A would do anything within their power to stop any such action by their members but that they wouldn’t stand by if their members exercised their right to speak and were disciplined for it. He expressed shock to receive a letter from Mr. Burns that stated that the MTA would take action if it appeared that the union had sanctioned or encouraged any job action. 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 05-092 (10.2) Approving the following traffic modifications:
RESOLUTION 05-093 Item 10.2C was severed at the request of the public. PUBLIC COMMENT: Barry Taranto expressed concern that there were intersections that had heavier traffic at which it made more sense to install traffic signals. He stated that it was important to make sure that the signal timing was coordinated with the other signals in the area. Staff should review the list and compare it to the top priority places where signals would be of most benefit. On motion to approve Item 10.2C: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns (10.3) Authorizing the Director to accept and expend $450,000 RESOLUTION 05-094 (10.4) Authorizing the Director to accept and expend $256,500 RESOLUTION 05-095 (10.5) Approving a bid call for Department of Public Works Contract No. 0872J: Contract 31 Traffic Signal Modification to solicit bids to upgrade existing traffic signals at twenty intersections. (Explanatory documents include a staff report, attachments and resolution.) (DPT) RESOLUTION 05-096 (10.6) Authorizing the Director to award a contract to Aim to Please Janitorial Services for janitorial services for twenty-one metered parking lots and five Department of Parking and Traffic facilities for a term of four years and for an amount of $109,884 for fiscal year 2006. (Explanatory documents include a staff report, contract and resolution.) (DPT) RESOLUTION 05-097
(10.7) Authorizing the Director to award a contract to Walker Parking Consultants to conduct the Performing Arts Garage build-out feasibility study for a total contract amount not to exceed $120,000 and for a term of two years. (Explanatory documents include a staff report, contract and resolution.) (PA) RESOLUTION 05-098 (10.8) Authorizing the Director of Transportation and the Director of Property to acquire 1570 Burke Avenue from Russell and Debra Kirschenbaum for use as Muni’s central warehouse and overhead lines maintenance facility. (Explanatory documents include a staff report, resolution, agreement and determination.) (MUNI) Director Din requested a breakdown of the costs to improve the property. RESOLUTION 05-099 (10.9) Authorizing the Director to enter into a lease with New Cingular Wireless PCS for space within the Golden Gateway Garage for the placement of telecommunications equipment. (Explanatory documents include a staff report, resolution, and lease.) (DPT) RESOLUTION 05-100 (10.10) Authorizing the Director to enter into a lease with New Cingular Wireless PCS for space within the Vallejo Street Garage for the placement of telecommunications equipment. (Explanatory documents include a staff report, resolution, and lease.) (DPT) RESOLUTION 05-101 On motion to approve the Consent Calendar (Item 10.2C, 10.6 and 10.8 severed): ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns REGULAR CALENDAR MUNICIPAL RAILWAY 11. Approving and adopting the arbitration award establishing the collective bargaining agreement with TWU Local 200, effective July 1, 2005 through June 30, 2007. (Explanatory documents include a staff report, agreement and resolution.) PUBLIC COMMENT: Ken Rodriguez requested that the Board not approve the item because it had not been presented to the Local 200 membership for ratification. He stated that Local 200 members must ratify the contract or it would not be legitimate. Exec. Director Burns stated that the agreement was not subject to ratification because it was arrived at by a binding arbitration agreement. He expressed hope that future agreements could be reached through collective bargaining, which would require a vote of the members. RESOLUTION 05-102 On motion to approve: ADOPTED: AYES – Din, Kasolas, Mezey and Vaughns NAYES – Black and McCray 12. Approving and adopting the collective bargaining agreement with Machinists, Local 1414 effective July 1, 2005 through June 30, 2006. (Explanatory documents include a staff report, agreement and resolution.) PUBLIC COMMENT: Arthur Gonzalez thanked Mr. Burns and staff for the professional negotiation of the contract. He expressed hope that the Board would approve the agreement. RESOLUTION 05-103 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns 13. Authorizing the Director to execute Contract No. 350, Procurement of Standard Low Floor Hybrid-Electric Diesel Coaches, with Orion Bus Industries, for an amount not to exceed $29,398,629. (Explanatory documents include a staff report, contract and resolution.) Exec. Director Burns stated that this purchase was a continuation of Muni’s vehicle procurement program and was consistent with Muni’s Clean Air program and with Prop. I. Elson Hao, Project Manager, Hybrid Procurement Project, presented the staff report. PUBLIC COMMENT: Ernestine Weiss congratulated staff on the purchase of the coaches. She stated that staff needed to pay attention to the back door steps because the new buses were too high for seniors, children and disabled people. She recommended that the buses have a lower step so they could be safely negotiated. Exec. Director Burns stated that the new buses were low floor buses. RESOLUTION 05-104 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns 14. Authorizing the Director to award a professional services contract with Claremont Behavioral Services to provide services for and management of the Employee Assistance and Peer Assistance Programs for a contract amount not to exceed $275,000 per year for a three-year term and for a total contract amount not to exceed $825,000. (Explanatory documents include a staff report, contract and resolution.) No public comment. RESOLUTION 05-105 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns PARKING AUTHORITY 16. Authorizing the Director to execute a contract with NM Parking for management of the Polk-Bush Garage, for a term of six years beginning October 1, 2005, with options to extend the contract, for a management fee of $14,435 per month, and an annual incentive fee not to exceed $25,000. (Explanatory documents include a staff report, resolution, and contract.) Ron Szeto, Acting Director, Parking Authority, presented the calendar item. He stated that several bids had been received. NM Parking had provided the lowest bid and met the minimum qualifications. PUBLIC COMMENT: Tesfaye Tsadik expressed support for the award of the contract. He stated that NM Parking was a small business that had been successful in running the garage for the past four years. The company had been audited several times and had been given a clean bill of approval. All employees were being paid the union standard rate and the contractor was committed to abiding by city’s regulations. Mark Gleason, Teamsters Local 665, requested that the Board put this award off. He stated that they would provide evidence of non-compliance of health and welfare issues. A former employee, who had since passed away, had stated that his health benefits weren’t covered. He requested that a higher standard be established for these awards. Mr. Gleason stated that time was needed to demonstrate a payment gap and requested a 30-60 day deferral to review the payment history. He added that the prevailing wage ordinance should be adhered to. Exec. Director Burns stated that staff had originally determined that the company was in compliance but they would review Mr. Gleason’s information prior to making a final determination. On motion to table the item to the first meeting in August: unanimously approved. 17. Authorizing the Director to execute a contract with Convenient Parking for management of the Lombard Street Garage, for a term of six years beginning October 1, 2005, with options to extend the contract, for a management fee of $21,889 per month, and an annual incentive fee not to exceed $25,000. (Explanatory documents include a staff report, resolution, and contract.) No public comment. RESOLUTION 05-106 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns DEPARTMENT OF PARKING AND TRAFFIC 18. Authorizing the Director to execute a contract with Convenient Parking for management of the 1660 Mission Street Garage, for a term of six years beginning October 1, 2005, for a management fee of $7,489 per month. (Explanatory documents include a staff report, resolution, and contract.) No public comment. RESOLUTION 05-107 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns 19. Authorizing the Director to approve the Civic Center Plaza Garage Fiscal Year 2006 budget and capital improvement request. (Explanatory documents include a staff report, resolution, and budget.) No public comment. RESOLUTION 05-108 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns 20. Authorizing the Director to approve the Golden Gateway Garage Fiscal Year 2006 budget. (Explanatory documents include a staff report, resolution, and budget.) No public comment. RESOLUTION 05-109 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns 21. Authorizing the Director to approve the St. Mary’s Square Garage and 16th and Hoff Street Garage Fiscal Year 2006 budget and capital improvement request. (Explanatory documents include a staff report, resolution, and budget.) No public comment. RESOLUTION 05-110 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns RECESS REGULAR MEETING AND CONVENE CLOSED SESSION CLOSED SESSION 1. Call to Order Chairman Vaughns called the closed session to order at 4:29 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: A. Carlene Boyd, District Ct. #C024738PJH filed on 10/1/02 for $2,225 RESOLUTION 05-111 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns 5. Pursuant to Government Code Section 54957.6(a) and Administrative Code Section 67.8, the Municipal Transportation Agency Board shall meet in closed session for: CONFERENCE WITH LABOR NEGOTIATOR CCSF Representative: Larry Williams and/or his designees Employee Organizations: TWU Local 250-A
To discuss: _X_ Wages _X__ Hours _X__ Benefits _X__ Working Conditions _X__ Other 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 ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 5:16 p.m. 22. Announcement of Closed Session. Chairman Vaughns announced that the Board met in closed session to discuss Carlene Boyd vs. CCSF with the City Attorney, to meet with the labor negotiator and to discuss the appointment and hiring of a Director of Transportation. The Board voted unanimously to settle the Boyd case and took no action on the other matters. 23. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved. 24. Appointing Stuart Sunshine to serve as acting Director of Transportation on terms consistent with the Municipal Executives Association Memorandum of Understanding from July 16, 2005 until a Director of Transportation has been hired. (Explanatory documents include a staff report and resolution.) No public comment. Chairman Vaughns asked Mr. Sunshine if he would accept the position of acting Director of Transportation. Mr. Sunshine replied that he would accept. RESOLUTION 05-112 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns ADJOURN - The meeting was adjourned at 5:19 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 |
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