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2:00 ‑ REGULAR MEETING ORDER OF BUSINESS 1. Call to Order Chairman Vaughns called the meeting to order at 2:04 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 Chairman Vaughns referred to Mr. Lieberman’s report on Page 3 of the minutes and requested that the Board approve the publication of the minutes pending a revisit of the paragraph in which Mr. Lieberman discussed the System-wide Cost-Effectiveness Analysis. On motion to approve the minutes of the September 20, 2005 Regular Meeting: unanimously approved. 5. Communications Director Din requested that Item 10.6 on the Consent Calendar be severed. 6. Introduction of New or Unfinished Business by Board Members Director Kasolas reported that he met with Mr. Sunshine in his capacity as Board subcommittee chairman to the budget process. He reported that staff has put together a timeline for this year’s budget process. Director Kasolas will continue to meet with Mr. Sunshine and will keep the Board informed of the progress. Director Din stated that he recently attended the Systemwide Operator of the Month Celebration at the Kirkland division. He commended the honorees and stated that the turnout was outstanding. Chairman Vaughns expressed appreciation to Director Din for representing the Board at the occasion. 7. Executive Director’s Report
Acting Executive Director Sunshine stated that he was pleased to present this month’s Special Recognition Award to Kevin Grady, winner of the 2005 APTA International Roadeo Championship in Dallas, Texas on September 24, 2005. Kevin has been employed with Muni since 1989 and has spent the past 5 ½ years as a Conductor at the Cable Car Division. He has won the Muni Roadeo four times and has won the regional roadeo championship twice. Mr. Grady is the only MUNI operator to win a Regional Roadeo Championship with a perfect score and the first MUNI operator to win the International Rodeo Championship. Chairman Vaughns expressed her appreciation on behalf of the Board. She stated that Directors Din and Mezey had joined her at the Awards banquet in Dallas and that the room went ballistic when it was announced that Mr. Grady had won the award. She stated that Mr. Grady represented Muni in the highest manner and that she was honored to have been present. A.E.D. Sunshine invited the Board to the Joint Labor Management Board’s 21st annual Safe Driver Awards Banquet. It will be held on Saturday, October 29th at the Cathedral Hill Hotel and will recognize operators with safe driving records. A.E.D. Sunshine thanked staff for their excellent work over the past weekend given the multiplicity of events throughout San Francisco that obstructed the traffic flow including Fleet Week, the golf tournament, other sporting events, street fairs and parades. He stated that the MTA had received many compliments about the services provided. The FY07 budget process will begin next month. At the November board meetings, each division will present their mission statement, budget, and key performance measures. These presentations will allow the Board to guide the Agency in developing budget priorities for the year. Some general parameters for next year’s budget have already been set. The parameters include keeping staffing levels steady and automatic increases outlined in the various labor agreements. A.E.D. Sunshine stated that staff doesn’t have a sense yet for the FY07 revenue picture. A.E.D. Sunshine stated that some unexpected fuel costs had been incurred for the current fiscal year. The FY06 operating budget had priced diesel fuel at $1.68 per gallon, which was based on the best information available at the time. Fuel prices have risen much higher than experts had anticipated. The MTA is dealing with a 50% increase in the cost of fuel. The average price paid in September was $2.37. If prices remain the same, Muni will be looking at a $4-5 million dollar problem. A.E.D. Sunshine stated that, due to a recent sign-up, he had postponed a report on the PCO deployment plan until a future meeting Sylvia Harper, Director of Enforcement, presented the quarterly citation report and the new handheld ticket machines. Last quarter PCO’s responded to 45% more requests for services outside of their normal citation duties, including manmade and natural disasters such as the bombing in London and the explosion of the PG & E transformer. PCO’s are called on to facilitate traffic flow for such events. Christos Konstantinidis, DPT’s Instrument System Operator, reviewed the difference between the new and old handheld ticket machines. Chairman Vaughns inquired if there had been lessons learned following the London bombing and if the transit operators were being trained in what to do to recognize suspicious items. A.E.D. Sunshine stated that the City had noticed some deficiencies in communications and training during a recent tabletop exercise. Mike Hursh will be making sure that first responders are trained and provided with the tools to deal with the situation. Chairman Vaughns suggested that staff provide a training program for transit operators regarding the matter of security and suspicious items and share the training schedule with the Board. Director Mezey stated that the vendors at the APTA Expo in Dallas displayed some wonderful equipment. He saw a “drive cam” that records both forward and backward in “braking incidents. He stated that the equipment was relatively inexpensive and worth looking into. Chairman Vaughns expressed concern regarding the presentation of the System-wide Cost Effectiveness Analysis represented at the last Board meeting and a recent RFQ issued, sponsored by the Office of the Controller in partnership with the MTA. She questioned if they were one and the same. She stated that she had understood from the presenter that the Board would be receiving a written document addressing the concept and scope of the System-wide Cost Effectiveness Analysis. She stated that copies of the RFQ with a cover memo dated October 14, 2005, entitled “Update on the Transit Service Efficiency Analysis”, were distributed at this meeting without benefit of review. She requested Director Din to assess the information, represent the Board in future meetings of the individuals involved in the RFQ and the composition of the System-wide Cost Effectiveness Analysis and provide reports to the Board. Director Mezey requested clarification of what Prop. C says regarding audits. Deputy City Attorney Friedlander stated that Prop. C authorizes the Controller to undertake performance audits and gives the discretion to the Controller to select the items to be audited, following consultation with department heads. Attorney Friedlander stated that it would be appropriate to put it on an agenda for a subsequent meeting. A.E.D. Sunshine stated that former Director Burns had requested that the Controller do the audit using Prop. C funds last spring. Chairman Vaughns stated that she didn’t recall that Mr. Burns had reported on an audit. She added that as Chairman, she couldn’t sustain going forward without a better understanding of the RFQ and its’ relationship to the System-wide Cost-Effectiveness Analysis. In response to a question by Director Din, A.E.D. Sunshine stated that the RFQ was designed to prequalify a pool of consultants who could carry out the objectives set by the Board. He added that it was always the staff’s intention to bring back the specific projects to the Board. Chairman Vaughns requested that the item regarding the System-wide Cost Effectiveness Analysis would presented to the Board within a month. Director Kasolas stated that at the September 20th meeting, he had requested a memorandum that explained the System-wide Cost Effectiveness Analysis and requested that the minutes of the September 20th meeting reflect his request. PUBLIC COMMENT: Barry Taranto stated that the citation report was wonderful, newsworthy and that he had learned a lot. People should be given notice when there will be vigorous enforcement in an area and to let them know that they are being watched electronically rather than manually. He met with James Lee regarding continued white zone enforcement and felt that Mr. Lee had a good understanding of what cab drivers experienced. 8. Citizen’s Advisory Council Report No report. 9. Public Comment. Barry Taranto thanked the Board for canceling the Oct. 4 meeting due to the religious holiday. He requested that the Board ask for a presentation on the paratransit debit card program. He stated that there were problems with the contractor and the Taxi Commission has requested that the MTA iron out the controversial issues before going ahead. He stated that he thinks that the signal timing on Franklin Street after 9:00 p.m. is ridiculous and suggested that the MTA honor Ricardo Olea. On Sundays, PCO’s need to let taxicabs through the areas that Caltrans has closed so they can take people to their destinations. Herbert Weiner thanked the Board for respecting the religious holiday and read an “Appeal to Transit Riders” regarding public transportation. He stated that public transit was a turkey and a loser and that the MTA gave up on its riders a long time ago. 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 05-155 (10.2) Approving the following traffic modifications:
RESOLUTION 05-156 PUBLIC COMMENT: Barry Taranto requested that items 10.2 E, F, G, H and I be severed from the Consent Calendar. He stated that he hadn’t seen these items before ISCOTT or on the public hearing agenda and requested an explanation of what was happening and why. Jack Fleck, Traffic Engineer, stated that E, F, G and H were modifications relating to the extension of an existing bike lane on Market Street and allowed DPT to stripe the bike lane on the far side of the Market and Octavia intersection. On motion to approve Item 10.2 E, F, G, and H: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns Regarding Item 10.2 I, Barry Taranto stated that it had only been 5 ½ weeks since Octavia Blvd. had opened and that it was too soon to erode traffic mitigation measures. He stated that there was a need for a dedicated left turn lane on Bryant and that it was too soon to put parking back. Jack Fleck, traffic engineer, stated that the new Central Freeway was carrying 40,000 cars per day and that there has been a significant drop in traffic on 9th and 10th Streets. He stated that staff would continue to monitor the traffic patterns in the area. Director Kasolas requested an update on the traffic conditions relating to opening the Central Freeway in 60 days. On motion to approve Item 10.2 I: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns (10.3) Approving a bid call for Department of Public Works Contract No. 0944J: Mission Street (14th Street to 26th Street) Traffic Signal Upgrade to solicit bids from contractors qualified to upgrade existing traffic signals at thirteen intersections along Mission Street from 14th Street to 26th Street. (Explanatory documents include a staff report, resolution and financial plan.) (DPT) RESOLUTION 05-157 (10.4) Accepting Contract No. MR-1145, Construction of the Third Street Light Rail Project from Hester Avenue to Sunnydale Avenue, approving the closeout of the contract with Shimmick Construction Co. and Homer J. Olsen and authorizing release of retention in the amount of $150,000. (Explanatory documents include a staff report, resolution and financial plan.) (Muni) RESOLUTION 05-158 (10.5) Approving the designation of seven street artist-selling spaces at Harvey Milk Plaza, from November 15, 2005 through January 15, 2006. (Explanatory documents include a staff report, and resolution.) (Muni) RESOLUTION 05-159 (10.6) Approving the substitution of the subcontractor Accra Communications Group for DPW Contract No. 0780J (R): SFgo (ITMS) Initial Phase, with Edward W. Scott Electric Co. for fiber optic cable pulling and traffic camera furnishing and installation, and Semans Communications for fiber optic cable splicing and testing. (Explanatory documents include a staff report, and resolution.) (DPT) This item was severed at the request of Director Din. Director Din requested information regarding how the contractor would meet the DBE goal given the substitution. Bond Yee, deputy director, DPT, stated that the previous subcontractor had already performed over 50% of the work. The Human Rights Commission has concurred with the substitution and has determined that the DBE requirement would be met. A.E.D. Sunshine stated that staff would monitor the contract to make sure the goal is met. RESOLUTION 05-160 On motion to approve Item 10.6: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns (10.7) Authorizing the Director to execute Amendment No. 8 to Contract CS-123, Professional Design and Support Services for MUNI Metro Third Street Light Rail Project, with WPK Third Street Consultants, to extend the term of the contract by one year at no additional cost. (Explanatory documents include a staff report, resolution, financial plan and amendment.) (Muni) RESOLUTION 05-161 On motion to approve the Consent Calendar: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns REGULAR CALENDAR DEPARTMENT OF PARKING AND TRAFFIC 11. Authorizing the Director to execute the Red Light Photo Enforcement Contract to ACS State and Local Services for an amount not to exceed $10,195,471.00 for a total contract duration of up to five years, consisting of an initial three‑year contract with two one‑year renewal options. (Explanatory documents include a staff report, resolution and contract.) No public comment. RESOLUTION 05-162 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 3:56 p.m. 2. Roll Call Present:
Also present:
3. Discussion and vote pursuant to Administrative Code Section 67.11(a) as to whether to conduct a closed session and invoke the attorney‑client privilege. On motion to invoke the attorney-client privilege: unanimously approved. 4. Pursuant to Government Code Section 54956.9 and the Administrative Code Section 67.8 (a) (3), the Municipal Transportation Agency Board will meet in Closed Session to discuss and take action on attorney‑client matters in the following case: CONFERENCE WITH LEGAL COUNSEL Existing Litigation: (4.1) Mary Theresa Spalding, Superior Ct. #432391 filed on 7/8/04 for $225,000 RESOLUTION 05-163 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Vaughns (4.2) Unspecified to protect settlement posture No action was taken. 5. 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 or __X___ As plaintiff ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 4:42 p.m. 12. Announcement of Closed Session. Chairman Vaughns announced that the Board met in closed session to discuss the Spalding vs. CCSF case with the City Attorney. The Board voted unanimously to settle the case. The Board also discussed existing litigation that was unspecified to protect the settlement posture and anticipated litigation in which the MTA could either be the defendant or the plaintiff. No action was taken on either of those two matters. 13. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved (Kasolas-absent). ADJOURN – The meeting was adjourned at 4:42 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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