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2:00 ‑ REGULAR MEETING ORDER OF BUSINESS 1. Call to Order Vice Chairman Kasolas called the meeting to order at 2:05 p.m.
2. Roll Call Present: Shirley Breyer Black Wil Din Michael Kasolas Peter Mezey Tom Nolan Leah Shahum Absent: James McCray, Jr. 3. Announcement of prohibition of sound producing devices during the meeting. Acting Chairman Kasolas announced that the ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at the meeting. He 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. He 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 September 19, 2006 Regular Meeting: unanimously approved (absent-McCray).
5. Communications None. 6. Introduction of New or Unfinished Business by Board Members Directors Black and Nolan asked about the pigeon and rodent abatement action plan. Acting E.D. Sunshine stated that staff will provide a memo regarding the actions being taken and will share the memo with those who addressed that issue during public comment at the last board meeting. Director Shahum requested a status report on the NextBus project. 7. Executive Director’s Report -Youth Civic Engagement Project -Ongoing Activities Acting Exec. Director Sunshine stated that the presenters of the Youth Civic Engagement Project were in school and are scheduled to be at the meeting at 3:30. Mr. Sunshine continued that item to later in the agenda. Mr. Sunshine announced that Oracle Open World would occur at the Moscone Center from October 22 through October 26, 2006. More than 40,000 attendees are expected to attend the event with a daily peak attendance of 25,000. Howard Street will be closed between 3rd and 4th Streets for 10 days Oracle Open World. Buses will be rerouted and appropriate signage will be posted. Parking Control Officers will be deployed. The MTA will recover all costs. The Westfield Shopping Center opened last week. The 5th and Mission Garage was completely full at times, and we had to reroute cars to other garages. The MTA’s Peer Assistance Program has received the Ross Von Weigand Award from the National Employee Assistance Program Association. The 22nd Annual Safe Driver Awards Banquet will take place on Saturday, October 14th. Every year the Joint Labor Management Board and the MTA hosts this opportunity to thank our safe drivers. Also on that day, the MTA will host the MTA Family Day and Bus Roadeo at the AT&T ballpark parking lot. Jeff Gary, MTA Workers Compensation manager has been selected to receive the Public Managerial Excellence Award by the Municipal Fiscal Advisory Council. The MTA Worker’s Compensation division is a model program within the City and under Jeff’s direction it ended the fiscal year by being $3.9 million under budget. The Central Subway project team is preparing to launch a new round of community meetings as part of the supplemental environmental process. MTA staff will brief communities along the alignment about the latest developments, as well as solicit feedback. We are going to hold four community meetings as well as a Community Advisory Group meeting over the next several weeks. PUBLIC COMMENT: Rafael Cabrera stated that the Peer Assistance Program is about “family”. Peer Assistance staff has done an excellent job of taking care of us “24/7”. 8. Citizen’s Advisory Council Report No report. 9. Public Comment Barry Taranto expressed concern regarding traffic problems with the Oracle conference and hopes that staff will monitor the event and allow taxis into the area. He suggested that the MTA warn businesses in the area about how to deal with this event. He also suggested that the Executive Director’s report be restructured and that PCO’s should be redeployed in the evening. 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: A. Kuen Wai Leung v. MTA, Unlitigated Claim #FY063560 filed on 4/7/06 for $7,250 B. Helen Huang v. MTA, Unlitigated Claim #0700003 filed on 7/5/06 for $7,500 C. Eti Santos Torres v. MTA, Superior Ct. #443682 filed on 8/3/05 for $10,000 D. Lien Lu v. MTA, Unlitigated Claim #0601036 filed on 10/28/05 for $10,500 E. Sabine McMullen v. MTA, Unlitigated Claim #0601730 filed on 1/19/06 for $13,000 F. Mary Fryer v. MTA, Superior Ct. #430236 filed on 4/16/04 for $15,000 G. Tesfalem Gebrezgi v. MTA, Superior Ct. #435501 filed on 10/15/04 for $17,000 H. Marlies Metodi v. MTA, Unlitigated Claim #0602497 filed on 4/3/06 for $18,379.16 I. Carol Savering v. MTA, Superior Ct. #436538 filed on 11/22/04 for $23,500 J. Li-Hwa Ong v. MTA, Unlitigated Claim #0601772 filed on 1/24/06 for $24,950 K. Ying Yu v. MTA, Unlitigated Claim #0602592 filed on 4/11/06 for $24,999 L. Maria Flamenco & Jennifer Cusguen v. MTA, Superior Ct. #435873 filed on 10/28/04 for $37,500 M. Teresa DJ Guardado v. MTA, Superior Ct. #439383 filed on 3/10/05 for $37,500 N. Cornell Turner v. MTA, Superior Ct. #426995 filed on 12/4/04 for $45,000 O. Ronald Curley v. MTA, Superior Ct. #443989 filed on 8/11/05 for $50,000 RESOLUTION 06-122 (10.2) Approving the following traffic modifications: A. ESTABLISH - PERPENDICULAR (90-DEGREE ANGLE) PARKING – McCoppin Street, south side, from Valencia Street to the western terminus of street. B. ESTABLISH - UNMETERED MOTORCYCLE PARKING - 7th Street, west side, from 93 to 112 feet north of Townsend Street. C. ESTABLISH - RESIDENTIAL PERMIT PARKING AREA "O" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - Ulloa Street, both sides, between 21st and 22nd Avenues (2000 block). D. RESCIND - MUNI BUS ZONES - Mission Street, west side, from 16th Street to 147 feet southerly. E. ESTABLISH - MUNI BUS ZONES - Mission Street, west side, from 16th Street to 127 feet southerly. F. ESTABLISH - TOW-AWAY, NO STOPPING ANYTIME - Mission Street, north side, from Farragut Avenue to 40 feet easterly. G. RESCIND - NO PARKING ANYTIME AND ESTABLISH - TOW-AWAY, NO STOPPING ANYTIME - Whittier Street, east side, from Mission Street to 76 feet southerly. H. ESTABLISH - SPEED HUMPS - McKinnon Avenue, between Mendell and Lane Streets. (Explanatory documents include a staff report, and resolution.) (Bond Yee) RESOLUTION 06-123 (10.3) Authorizing the Executive Director/CEO to accept and expend $3,670,340 in FY2006, $3,984,855 in FY2007, and $2,308,728 in FY2008 in AB 664 Bridge Toll Net Revenues for various Muni capital projects related to Cable Car Vehicle Renovation and Infrastructure, Paratransit, Trolley Overhead Lines Rehabilitation, Rail Replacement, Light Rail Vehicle Safety Modifications and Overhaul, Facility Fall Protection System, Facility Safety Improvements and Maintenance Rehabilitation, Security Improvements and Graffiti Prevention, Trolley Coach Rebuild, Preventive Maintenance, Wayside Fare Collection Equipment and Train Control, Historic Rail Car Rehabilitation, Third Street Initial Operating Segment/Muni Metro East Facility, Islais Creek, Motor Coach Replacement, Hybrid Buses, Escalator Rehabilitation, and Miscellaneous Equipment. (Explanatory documents include a staff report and resolution) (Sonali Bose) Item 10.3 was severed from the agenda at the request of a member of the public. PUBLIC COMMENT: Acting E.D. Sunshine stated that staff would look into it. RESOLUTION 06-124 On motion to approve Item 10.3: ADOPTED: AYES – Black, Din, Kasolas, Mezey, Nolan and Shahum ABSENT – McCray (10.4) Authorizing the Executive Director/CEO to issue an Invitation to Bid for the contract to manage the 7th & Harrison Parking Lot to be awarded to the lowest bidder. (Explanatory documents include a staff report, resolution and financial plan.) (Bond Yee) RESOLUTION 06-125 (10.5) Authorizing the Executive Director/CEO to advertise bid calls for Contract No. 1222, MTA Job Order Contract – Construction and Contract No. 1223, MTA Job Order Contract – Construction to acquire emergency maintenance and construction services for multiple jobs. (Explanatory documents include a staff report and resolution) (Carter Rohan) RESOLUTION 06-126 (10.6) Authorizing Executive Director/CEO to execute the Agreement between the City and County of San Francisco and Convenient Parking Co. for the interim management of the 7th and Harrison Parking Lot for a term of up to one year, with an extension option not to exceed one additional year, for a monthly management fee of zero dollars. (Explanatory documents include a staff report, resolution and contract modification.) (Ron Szeto) RESOLUTION 06-127 (10.7) Authorizing the Department of Public Works to execute Change Order No. 6 to DPW Contract No. 0872J: Contract 31 Traffic Signal Modification, with Phoenix Electric Company, to install Accessible Pedestrian Signals at 2nd/King; Pacific/Stockton; Grove/Van Ness; Ocean/San Jose; and Fremont/Mission, for an increase in the contract amount by $84,000, and an increase in the contract duration by 15 days. (Explanatory documents include a staff report, resolution and financial plan.) (Bond Yee) RESOLUTION 06-128 (10.8) Authorizing the Executive Director/CEO to execute Contract Modification No. 6 to Contract No. MR-1182R1, Muni Metro East Light Rail Vehicle Maintenance and Operations Facility Project, with Stacy and Witbeck, to replace subcontractor Value Fire Protection with BFP Fire Protection, for no change in cost or duration of the contract. (Explanatory documents include a staff report, resolution and contract modification.) (Carter Rohan) RESOLUTION 06-129 On motion to approve the Consent Calendar (Item 10.3 severed) ADOPTED: AYES – Black, Din, Kasolas, Mezey, Nolan and Shahum ABSENT – McCray REGULAR CALENDAR 11. Approving the Amendment to the Memorandum of Understanding between the MTA and the Transport Workers Union Local 250-A to be effective through June 30, 2008. (Explanatory documents include a staff report, resolution and MOU.) (Diana Buchbinder) No public comment. PUBLIC COMMENT: Irwin Lum, President, 250-A stated that the re-opener took into consideration employees who had a lot of sick time, which can affect service and headways. RESOLUTION 06-130 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, Mezey, Nolan and Shahum ABSENT – McCray 12. Adopting the 7th Edition of “Regulations for Working in San Francisco Streets” to provide regulations and guidelines for contractors working in San Francisco streets. (Explanatory documents include a staff report, resolution and 7th edition.) (Bond Yee) PUBLIC COMMENT: Barry Taranto stated that the book is the bible for how you enforce construction laws in the city. Mr. Taranto expressed concern about enforcement and encouraged traffic engineers to make sure permits are being adhered to. RESOLUTION 06-131 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, Mezey, Nolan and Shahum ABSENT – McCray PARKING AUTHORITY 13. Authorizing the Director of the Parking Authority to execute a Lease with Muse and Sage for the commercial space in the Performing Arts Garage, known as 340 Grove Street and 370 Grove Street for a period of five years with one four-year option. (Explanatory documents include a staff report, resolution and lease.) (Ron Szeto) No public comment. RESOLUTION 06-132 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, Mezey, Nolan and Shahum ABSENT – McCray 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 (absent-McCray). RECESS REGULAR MEETING AND CONVENE CLOSED SESSION CLOSED SESSION 1. Call to Order Acting Chairman Kasolas called the closed session to order at 3:05 p.m.
2. Roll Call Present: Shirley Breyer Black Wil Din Michael Kasolas Peter Mezey Tom Nolan Leah Shahum Absent: James McCray, Jr.
Also present: Stuart Sunshine, Deputy Executive Director Roberta Boomer, Board Secretary Julia Friedlander, Deputy City Attorney Sonali Bose, Chief Financial Officer
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:
A. Renaissance Parents of Success as Fiscal Agent for Muwekma Ohlone Sanctuary v. CCSF; Proven Management, Superior Ct. Case #CGC-02-415559 filed on December 10, 2002; with the City to receive $165,000 for attorneys' fees and costs from Gulf Underwriters Insurance. RESOLUTION 06-133 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, Mezey, Nolan and Shahum ABSENT – McCray B. Edward Hambrick v. MTA, Workers’ Compensation Appeals Board #SFO460821 filed on 9/19/02 for $750,000 Also present: Diana Buchbinder, Acting Director, Human Resources Jeff Gary, Manager, Worker’s Compensation Division Peter Scherr, Deputy City Attorney
RESOLUTION 06-134 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, Mezey, Nolan and Shahum ABSENT – McCray C. Travelers Casualty and Surety v. CCSF, U.S. Dist. Ct., Northern District of Cal., Case #C061021PJH filed on 2/14/06, including partial settlement with Travelers for mutual dismissal and partial settlement with Verint/Loronix with the City to receive approximately $2,655,925 in video surveillance equipment and services, including enhancements for which MTA will pay Verint $299,400. RESOLUTION 06-135 On motion to approve: ADOPTED: AYES –Din, Kasolas, Mezey, Nolan and Shahum ABSENT – Black and McCray ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 3:38 p.m. 15. Announcement of Closed Session.
Vice Chairman Kasolas announced that the Board met in closed session to discuss the Renaissance Parents, Edward Hambrick and Travelers cases with the City Attorney. The Board voted unanimously to settle the cases (For the Renaissance and Hambrick cases: Absent- McCray; for the Traveller’s case: Absent – Black and McCray). 16. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved (absent-Black and McCray). The Board returned to Item 7, the Executive Director’s Report for the Youth Civic Engagement Project student survey and recommendations. The item was introduced by Karen Cohn, Program Manager, Department of Public Health; and presented by Andrew White, Sacred Heart Prep student; Betty Chow, Foothills College student. Director Shahum requested that their concrete recommendations be included in the TEP. Acting Chairman Kasolas expressed concern about safety and security and asked for an update on efforts to have BART recognize Muni fare media on their system. Acting E.D. Sunshine stated the MTA meets with the Police Department and with the School district to identify hot areas in every district. Staff will report back on the BART fare media issue. PUBLIC COMMENT: Irwin Lum, TWU, Local 250-A thanked the students for their input and suggested that including youth on the CAC is good idea. He stated that it is important let students know what is going on. Drivers could be educated to treat youth as adults. ADJOURN - The meeting was adjourned at 4:23 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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