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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 February 21, 2006 Regular Meeting: unanimously approved (McCray-absent). On motion to approve the minutes of the February 28, 2006 Special Meeting: unanimously approved (McCray-absent). 5. Communications Board Secretary Boomer advised the Board that 10.1F, the Luzviminda Canilao claim, had been removed from the agenda at the request of staff. 6. Introduction of New or Unfinished Business by Board Members Chairman Vaughns requested that the Executive Director familiarize the Board with the “Small Starts” program at the next meeting. Director Kasolas requested that Exec. Director Ford provide regular updates to the Board regarding the activities of the Peninsula Corridor Joint Powers Board and the Transbay Joint Powers Authority as Mr. Ford. Director Kasolas requested that staff provide a memo discussing the difference between the budget adopted by the MTA Board and the final budget. Director Kasolas requested a presentation at the next meeting regarding the Octavia Blvd. traffic impacts. Director Kasolas requested a memo and presentation regarding the status of the Third Street Light Rail project. 7. Executive Director’s Report
Director McCray arrived. Exec. Director/CEO Ford presented the Special Recognition Award to Peter Tannen and Duncan Watry. Peter Tannen and Duncan Watry expressed appreciation for the recognition. Chairman Vaughns expressed appreciation to Mr. Tannen and Mr. Watry on behalf of the Board. E.D. Ford introduced Carter Rohan as the MTA’s Director of Construction. Chairman Vaughns welcomed Mr. Rohan on behalf of the Board. E.D. Ford stated that he was elected to serve as Chairman of the Transbay Joint Powers Authority and discussed recent visits with members of the bay area’s state and congressional delegation. Mr. Ford also discussed the upcoming baseball season, regional all-night bus service, the FY07 budget and hiring Public Resource Management Group to conduct a Cost Allocation Plan study Deb Denison, acting DGM, Transportation Technology, presented the FY06 2nd Quarter Service Standards Report. Director Black requested information regarding hiring the additional fare inspector/station agent positions. PUBLIC COMMENT: Emperor Norton I commended Peter Tannen and elevated Mr. Tannen to the position of Duke. David Pilpel expressed appreciation to Peter Tannen and Duncan Watry. He asked if there was an overall plan for improving service delivery and stated that work on improving night service is commendable, but the Agency should not lose sight of the other times of the day. Personnel changes might help. He expressed interest in learning about the connection between the transit effectiveness project and service delivery and stated that it has been 3 ½ years since Muni had printed a timetable book. Barry Taranto stated that PCOs should help keep tow-away zones clear during peak periods rather than check meters. The MTA would see a 20% improvement in on-time performance if PCO’s kept the bus zones clear between 4:30 p.m. and 6:45 p.m. Mr. Taranto stated that people now wait twice as long at 1380 Howard and the window people need training in order to be more efficient. Bruce Oka stated that MAAC has been a long-time advocate of fully staffing all Muni Metro station agent booths. 8. Citizen’s Advisory Council Report Daniel Murphy, Chairman, CAC, presented the CAC’s recommendations from their March 2 meeting and commended Debbie Denison for her work with the CAC.. 9. Public Comment David Pilpel stated that he hadn’t received feedback regarding his previous comment about the Rodriguez settlement. He expressed interest in hearing about the APTA Safety Peer Review. Irwin Lum, President, TWU Local 250-A, stated that TWU members were concerned about the lack of communication during the BART fire. Operators didn’t know what was going on. This incident was an important lesson. There have been a lot of problems with the Trapeze scheduling system that are still being resolved. Money is needed to fix the problem. Herbert Weiner stated that Muni’s motto is “Muni means never having to say you’re sorry”. He stated that on Feb 11, 2006, he was inconvenienced by the lack of service at Sacramento and Sansome streets. He stated that he had received no response from the PSR department or from Mr. Ford regarding his complaint. Barry Taranto stated that every time he has called to complain about a parking problem, the dispatchers have been polite and responsive. He stated that Muni was not being cooperative regarding a bike shelter at the Caltrain Station. He stated that DPT needs to monitor and provide proper enforcement for traffic jams that are caused by construction permits. Jim Gillespie, President, SF Taxi Association, expressed hope that the MTA Board will decide to do something about the paratransit debit card contract issue soon. Mr. Gillespie stated that the taxi industry wants to see the debit card program go forward but they continue to be opposed to the current contract. 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: A. Joey Jordan, Superior Ct. #01319675 filed on 3/16/01 for $500 B. Rakhil Rudyak, Superior Ct. #440237 filed on 4/8/05 for $5,000 C. Whittier Holdings/Zurich North America, Litigated Claim #600218 filed on 7/26/05 for $6,822.58 D. Steven Hopkins, Superior Ct. #320084 filed on 3/29/01 for $8,000 E. Patrick Cole, Litigated Claim #601070 filed on 11/1/05 for $8,716.18 F. Luzviminda Canilao, Unlitigated Claim #503940 filed on 6/13/05 for $10,080 G. Wendy Umphrey Superior Ct. #439097 filed on 3/1/05 for $12,500 H. CSAA/Fong Chin, Unlitigated Claim #601666 filed on 1/12/06 for $13,063.37 I. Maruja Vander Meulen, Superior Ct. #434752 filed on 9/17/04 for $15,000 J. LeRoy Perry, Superior Ct. #438325 filed on 2/1/05 for $17,500 K. Melissa Zahradnik, Superior Ct. #427274 filed on 12/12/03 for $30,000 L. Helen Hart, Superior Ct. #428750 filed on 2/11/04 for $38,000 Item 10.1 F, the Luzviminda Canilao claim, was removed from the agenda at the request of staff. RESOLUTION 06-024 (10.2) Approving the following traffic modifications: A. RESCIND - TOW-AWAY, NO STOPPING ANYTIME - South Van Ness Avenue, east side, from 92 to 122 feet south of Market Street. B. RESCIND - TOW-AWAY NO STOPPING, 4 PM TO 6 PM, MONDAY THROUGH FRIDAY - Bush Street, south side, from Grant Avenue to 130 feet westerly. C. ESTABLISH - TOW-AWAY, NO STOPPING ANYTIME - Ellsworth Street, both sides, between 70 and 100 feet south of the south property line of 755 Ellsworth Street. D. ESTABLISH - ONE-WAY STREET (NORTHBOUND) - Ellsworth Street, from Crescent Avenue to a point approximately 890 feet southerly. E. ESTABLISH - SPEED CUSHIONS - Ellsworth St., in front of 914 and 946 Ellsworth St. F. ESTABLISH - TOW-AWAY, NO STOPPING ANYTIME - Oak Street, south side, from Octavia Boulevard to 56 feet westerly. (Explanatory documents include a staff report and resolution). RESOLUTION 06-025 (10.3) Authorizing the Executive Director/CEO to accept and expend $22,570,000 in STIP funds from the State of California, or if transferred to the Federal Transit Administration, as part of FY 2007/2008 federal Section 5307 or Section 5309 fixed guideway funds, for the Third Street Light Rail Transit – Muni Metro East Maintenance and Operations Facility Project. (Explanatory documents include a staff report and resolution). Item 10.3 was severed from the Consent Calendar at the request of a member of the public. PUBLIC COMMENT: Speaking on Items 10.3, 10.4 and 10.5, David Pilpel stated that he was not sure how the current project budget or funds were reconciled, how approval of bus changes related to the Third Street project and what the incremental maintenance and operations costs were during the time that Metro East was not operational. Mr. Pilpel expressed interest in knowing what monies were being borrowed or encumbered for the Third St. project. He stated that he wasn’t clear about the overall spending plan for the Breda Lease/Leaseback funds or about how transactions are “booked” in the MTA’s accounting systems. RESOLUTION 06-026 On motion to approve 10.3: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns (10.4) Authorizing the Executive Director/CEO to submit a supplemental appropriation request for $3,000,000 in revenues from the Breda lease-leaseback transactions to fund the Third Street Light Rail Project. (Explanatory documents include a staff report and resolution). Item 10.4 was severed from the Consent Calendar at the request of a member of the public. RESOLUTION 06-027 On motion to approve 10.4: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns (10.5) Authorizing the Executive Director/CEO to accept an advance of $1.4 million from the San Francisco County Transportation Authority for the Third Street Light Rail Project; and guaranteeing reimbursement of those funds. (Explanatory documents include a staff report and resolution). Item 10.5 was severed from the Consent Calendar at the request of a member of the public. RESOLUTION 06-028 On motion to approve 10.5: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns (10.6) Authorizing the Executive Director/CEO to accept and expend $2,851,800 in Transit Security Grant Program funds for implementation of prevention, detection, response and recovery activities to protect critical transit infrastructure from terrorism (Explanatory documents include a staff report and resolution). Item 10.6 was severed from the Consent Calendar at the request of a member of the public. PUBLIC COMMENT: David Pilpel expressed interest in the cost to operate the equipment. RESOLUTION 06-029 On motion to approve 10.6: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns (10.7) Authorizing the Executive Director/CEO to execute Contract Modification No. 4, to Contract No. MR-1182R1, Muni Metro East Light Rail Vehicle Maintenance and Operations Facility Project, with Stacy and Witbeck, Inc. to replace subcontractor Hidalgo General Engineering with M. Hernandez Construction, for no change in cost or duration of the contract. (Explanatory documents include a staff report, resolution, financial plan and modification.) RESOLUTION 06-030 On motion to approve the Consent Calendar (Item 10.1F removed from the agenda and Items 10.3, 10.4, 10.5 and 10.6 severed): ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns REGULAR CALENDAR 11. Acting as the Parking Authority, approving the proposed parking rates for the Lombard Street Garage, the Moscone Center Garage, the North Beach Garage, the Performing Arts Garage, the Polk Bush Garage, and the San Francisco General Hospital Garage, and authorizing the Director of the Parking Authority to implement the rates at each facility as soon as possible. (Explanatory documents include a staff report, resolution and attachments.) Items 11 and 12 were called together. Ron Szeto, acting Exec. Director, Parking Authority, presented the staff report. No public comment. RESOLUTION 06-031 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns 12. Approving the proposed parking rates for the Civic Center Plaza Garage, the Ellis-O’Farrell Garage, the Fifth and Mission Garage, the Golden Gateway Garage, the 16th & Hoff Garage, the Japan Center Garage, the Mission-Bartlett Garage, the Portsmouth Square Garage, the St. Mary’s Square Garage, the Sutter-Stockton Garage, the Union Square Garage, the Vallejo Street Garage, the 1660 Mission Street Garage, and the 7th & Harrison Parking Lot and authorizing the Executive Director to implement the rates at each facility as soon as possible. (Explanatory documents include a staff report, resolution and attachments.) No public comment. RESOLUTION 06-032 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns 13. Adopting an overall annual goal of 5.5 percent for Department of Parking and Traffic DBE contracting in DOT-assisted contracts for FY 2005-2006. (Explanatory documents include a staff report, resolution and methodology.) No public comment. RESOLUTION 06-033 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns 14. 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 4:41 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:
RESOLUTION 06-034 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and 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: ___X___ As defendant _____ As plaintiff ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 5:14 p.m.
15. Announcement of Closed Session. Chairman Vaughns announced that the Board met in closed session to discuss Alice White-Bolin vs. CCSF with the City Attorney. The Board voted unanimously to settle the case. The Board also met in closed session to discuss anticipated litigation with the city as defendant with the City Attorney. No action was taken on that matter. 16. 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 5:16 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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