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2:00 ‑ REGULAR MEETING

ORDER OF BUSINESS

1. Call to Order

Chairman McCray called the meeting to order at 2:08 p.m.

2. Roll Call

Present:

  • Shirley Breyer Black
  • Wil Din
  • Michael Kasolas
  • James McCray, Jr.
  • Peter Mezey
  • Tom Nolan
  • Leah Shahum

3. Announcement of prohibition of sound producing devices during the meeting.

Chairman McCray 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 August 15, 2006 Regular meeting: unanimously approved.

5. Communications

Chairman McCray thanked Robin Reitzes for sheparding the agency for the past few months in Julia Friedlander’s absence.

Chairman McCray reminded the board about the special meeting scheduled for September 26th.

6. Introduction of New or Unfinished Business by Board Members

Vice Chairman Kasolas requested the information regarding transfers on cable cars including an analysis of the differential between other modes and cable cars and provide information on revenue generated. Exec. Director Ford stated that staff is examining the issue and would come back to the board with a recommendation.

7. Executive Director’s Report (For discussion only)

  • Special Recognition Award
  • Quarterly Service Standards Report
  • Quarterly Financial Report
  • Ongoing Activities

Executive Director Ford presented this month’s Special Recognition Awards to Vicki Rambo, Alice Kwong, Ed Timmer and Oscar Baeza. Chairman McCray expressed appreciation on behalf of the Board.

Exec. Director Ford introduced Sonali Bose, Chief Financial Officer; Adrian Moy, Deputy Director of Safety and Training; and Antonio Parra, Deputy Chief of Security and Enforcement.

E.D. Ford reported that the Bay Bridge Closure on Labor Day went smoothly. It was a massive undertaking with over 65 PCO’s manually directing traffic.

E.D. Ford stated that the MTA would hold Family Day and a Roadeo on Saturday, October 14th. The day will include a talent contest and a cooking competition. Later that evening, the MTA will recognize operators at the Safe Driver Awards Banquet. Mr. Ford stated that 279 operators have achieved the honor of being a “Safe Driver”.

Gregg Wilcox, Manager, Construction and Contract Administration Office presented the Job Order Contract process.

Deb Denison, Acting Chief Information Officer presented the year end Service Standards Report for FY2006.

Deb Ward, Deputy Director, Finance, presented the quarterly Financial Report.

Director Shahum requested that staff look into unexpended Regional Measure 2 funds. E.D. Ford stated that staff would investigate and would report back to the board.

PUBLIC COMMENT:

Barry Taranto suggested using the money for new ramped vans because they break down easily and are hard to maintain. More PCO’s are needed between 6 and midnight. Dispatchers are doing their best to collect information but only so many PCO’s are available to respond. He stated that he was glad to hear that wait times to pay tickets had improved.

Cristal Java, SEIU Local 790, stated that employees want the money spent on getting rid of pests. There are safety items that need to be addressed. People are dealing with pigeon feces and bad lighting.

Asha Bahati stated that she sees mice and rats every morning. She has filled out reports but nobody has responded. Mice on buses could cause an accident. This isn’t just happening at the Flynn Division.

Don Reddicks, Car Cleaner at Green Division, stated that contamination of bird feces is a problem. Pigeon abatement netting was installed but it didn’t complete the job. Bird feces contain bacteria which could result in major health problems. He would like the issue resolved as soon as possible.

Piedad Morales, Station Agents representative, stated that station agents have to manually open fare gates. Station agents are getting hurt but they are still working. The Van Ness, Castro and Church St. stations don’t have electric gates. The board is invited to the opening of the Westfield Shopping Center on September 28.

James Bryant, SEIU 790, stated that there were mechanical gates at one time but they were removed due to the cost to maintain them. It has probably cost more in workers compensation claims over the years. He requested that the change machine system be rectified. Station Agents experience combative behavior from the public due to conflicts over fares. The Board should take a closer look at having change machines.

Rafael Cabrera, TWU, Local 250A, stated that the barns aren’t as clean as they should be and appealed to the board to get rid of rats and pests.

8. Citizen’s Advisory Council Report

Dan Murphy, Chairman, CAC, presented the CAC’s recommendations. He stated that it’s not acceptable for on-time performance to plateau at 70%. There is a great deal of low-hanging fruit. As long as you have vehicles running sharp, you will have a low on-time performance record. Physical barriers should be installed where possible to prevent cars from blocking vehicles. Central Control should dispatch an inspector and a tow truck at the same time to quickly clear up blockages.

9. Public Comment

Barry Taranto stated that last Friday a PCO wrote a ticket to someone who was blocking a bus zone. The DPT Signal Shop takes three to four months to make changes to signal lighting. They need more personnel. Cab drivers are the beneficiaries of the MTA not improving on-time performance. Cab drivers don’t want to see cab fares increase but they are also not in favor of continuing to subsidize paratransit riders. Mr. Taranto requested an update on the paratransit debit card program.

Charlie Walker stated that there are no street lights on Third Street and that he ran over a large piece of metal which cost a lot to get his car fixed. He stated that he has been to board meetings two or three times to talk about the no left turn restrictions but DPT is putting in more no left turn signs. They don’t need those signs.

Nile Heins, President, Bay Park Business Association, requested that a left turn northbound on Arthur be allowed. The light rail line is blocking both entrances to Bay Park. DPT staff wants to run traffic down Evans and Quint St., which are filled with rocks and holes. He recommended that the MTA hold a meeting in the community because people are super angry. He stated that there could be major protests when the trains start running.

Exec. Director Ford stated that the issue of no-left turns is a safety issue. Staff has re-examined the signage on Third Street. Some left turns are allowed but staff had to restrict a certain number to maintain parking spaces for businesses. Staff thought there was a reasonable compromise with the business community between safety and maintaining parking. The MTA can’t compromise safety. At this point, staff wants to wait until Third St. service opens and then take another look at the matter. In the meantime, staff will continue to work with Mr. Walker and the community.

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 against the MTA:

A. Mohammed Hanoona and Alejandro Ramirez v. CCSF, Superior Ct. #439082 and 439540 filed on 3/16/05 and 3/1/05 for $150

B. James Arace v. CCSF, Superior Ct. #433631 filed on 8/6/04 for $7,500

C. Carol Chau vs. CCSF, Superior Ct. #439431 filed on 3/11/05 for $8,000

D. Danielle Garcia-Gonzales v. CCSF, Superior Ct. #CGC04432294 filed on 6/17/04 for $8,000

E. Ann Holsberry v. CCSF, Unlitigated Claim #0603267 filed on 6/14/06 for $22,000

F. Jill Morales v. CCSF, Superior Ct. #319221 filed on 2/21/01 for $20,000

G. Zi Zen Chen v. CCSF, Superior Ct. #429600 filed on 3/15/04 for $35,000

H. John Greer v. CCSF, Superior Ct. #442844 filed on 7/6/05 for $85,000

RESOLUTION 06-110

(10.2) Approving the following traffic modifications:

A. ESTABLISH - UNMETERED MOTORCYCLE PARKING - 990 Greenwich Street, north side, from 7.4 feet to 16 feet east of Jones Street.

B. ESTABLISH - RESIDENTIAL PERMIT PARKING AREA "W" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - 22nd Street, both sides, between Bryant and Florida Streets.

C. ESTABLISH - RESIDENTIAL PERMIT PARKING AREA "H" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - 20th Avenue, both sides, between Eucalyptus Drive and Ocean Avenue.

D. ESTABLISH - RESIDENTIAL PERMIT PARKING AREA "Z" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - Cesar Chavez Street, both sides, between Noe and Sanchez Streets.

E. ESTABLISH - NO PARKING ANYTIME - Shotwell Street, west side, from Cesar Chavez Street to 102 feet south of 26th Street.

F. RESCIND - MUNI BUS ZONE - Phelan Avenue, east side, from 200 feet to 300 feet north of the northerly Cloud Circle and Phelan Avenue intersection.

G. ESTABLISH - MUNI BUS ZONE - Phelan Avenue, east side, from 280 feet to 380 feet north of the northerly Cloud Circle and Phelan Avenue intersection.

H. RESCIND - MUNI BUS ZONE - Broadway, south side, 89 feet east of Columbus Avenue.

I. ESTABLISH - SIDEWALK BULB- Broadway, south side, 65 feet east of Columbus Avenue.

J. ESTABLISH - SIDEWALK BULB AND ESTABLISH - TOW-AWAY, NO STOPPING ANYTIME - Broadway, south side, 52 feet west of Kearny Street.

K. ESTABLISH - TOW-AWAY, NO STOPPING ANYTIME AND ESTABLISH - SIDEWALK BULB - Broadway, north side, 57 feet west of Kearny Street.

L. RESCIND- TOW AWAY NO STOPPING, 7AM TO 9AM, MONDAY TO FRIDAY AND ESTABLISH - TOW-AWAY, NO STOPPING ANYTIME AND ESTABLISH - RIGHT LANE MUST TURN RIGHT - Columbus Avenue, west side, from Broadway to 60 feet northerly.

M. ESTABLISH - UNMETERED MOTORCYCLE PARKING - Waller Street, north side, from the driveway of 530 Waller Street to the driveway of 532 Waller Street.

N. RESCIND - MUNI BUS ZONE AND ESTABLISH - TOW-AWAY, NO STOPPING ANYTIME - 16th Street, north side, from Bryant Street to 80 feet easterly.

O. ESTABLISH–MUNI BUS ZONE–16th St., north side, from 80 feet to 200 feet east of Bryant St.

P. RESCIND - TOW-AWAY NO STOPPING, 4 PM TO 6 PM, MONDAY THROUGH FRIDAY - Sansome Street, west side, from Washington Street to Broadway.

Q. ESTABLISH - RESIDENTIAL PERMIT PARKING AREA "Y" (2 HOUR PARKING TIME LIMIT, 9 AM to 10 PM, EVERYDAY) - Harrison Street, south side, between Fremont and Spear Streets; Spear Street, west side, from Harrison Street to 140 feet southerly; Main Street, both sides, between Harrison and Bryant Streets; Beale Street, both sides, between Bryant and Harrison Streets; Beale Street, west side, between Harrison and Folsom Streets.

R. ESTABLISH - PARKING METER AREA 1 (2-HOUR PARKING TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY) - Harrison Street, north side, between Fremont and Spear Streets; Spear Street, east side, from Harrison Street to 140 feet southerly; Harrison Street, south side, between The Embarcadero and Spear Streets; Beale Street, east side, between Folsom and Harrison Streets; Townsend Street, both sides, between 2nd Street and Colin P. Kelly Jr. Street; Brannan Street, both sides, between 2nd Street and Colin P. Kelly Jr. Street; 2nd Street, west side, between King and Townsend Streets. (Explanatory documents include a staff report, and resolution.) (Bond Yee)

RESOLUTION 06-111

(10.3) Authorizing the Executive Director/CEO to accept and expend $24,502,500 in federal Section 5309 New Starts capital assistance for the design and construction of Muni’s Third Street Phase II-Central Subway project. (Explanatory documents include a staff report, and resolution.) (Sonali Bose)

RESOLUTION 06-112

(10.4) Authorizing the Executive Director/CEO to accept and expend $3,693,215 in Section 5309 Bus and Bus Facilities capital assistance for design and construction of the Islais Creek Bus Maintenance Facility and the purchase of Automatic Vehicle Locator equipment. (Explanatory documents include a staff report, and resolution.) (Sonali Bose)

RESOLUTION 06-113

(10.5) Authorizing the Executive Director to accept and expend $785,223 in Section 5309 Bus and Bus Facilities capital assistance for the Glen Park Intermodal Facility Project. (Explanatory documents include a staff report, and resolution.) (William Lieberman)

RESOLUTION 06-114

(10.6) Authorizing the Executive Director/CEO to advertise a Request for Proposals for Contract No. 1224, Complete Rehabilitation of PCC Streetcars, to remanufacture four PCCs for service on the F-Line and future E-Line, to evaluate proposals and to negotiate a contract with the most qualified proposer. (Explanatory documents include a staff report, resolution, RFP and financial plan.) (Carter Rohan)

RESOLUTION 06-115

(10.7) Authorizing the Executive Director/CEO to enter into an agreement with the Transport Workers San Francisco Municipal Railway Trust Fund acknowledging the Fund's receipt of $4,531,000 toward payments due from MTA to the Fund for Fiscal Year 2006, and establishing procedures for any adjustments to that amount following completion of the actuarial study. (Explanatory documents include a staff report, resolution and agreement.) (Sonali Bose)

RESOLUTION 06-116

(10.8) Accepting the work performed by Stacy and Witbeck/R & W Concrete Contractors, Inc., A Joint Venture, under San Francisco Municipal Railway Contract No. MR-1189, Muni Metro Extension Station Enhancement Project; approving Contract Modification No 3 for a reduction of the approved contract amount by $54,502.04; and approving contract closeout. (Explanatory documents include a staff report, resolution and contract modification.) (Carter Rohan)

RESOLUTION 06-117

PUBLIC COMMENT on Items 10.2 P and R:

Barry Taranto commented on Item 10.2 P and stated that he was told that the signal timing on Sansome St. would be changed. There are too many cars in the left lane who are trying to make the turn. Regarding Item 10.2 R, Mr. Taranto stated it is ludicrous to put meters on Second Street because it is a cab stand for baseball games and most of the street consists of driveways.

Bond Yee, Acting Director, DPT, stated that the proposal is to eliminate the tow-away zone on the west side of the street. There is one on the east side of the street that is not being removed. The one on the west side is not needed because the turning radius is great enough to allow transit vehicles to cross. They are adjusting signal timing to eliminate concerns about congestion. Regarding 10.2R, Mr. Yee stated that the item is a compromise solution with businesses and residents as part of Supervisor McGoldrick’s legislation to install meters in the South of Market area.

On motion to approve the Consent Calendar:

ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey, Nolan and Shahum

REGULAR CALENDAR

11. Approving and adopting the Municipal Transportation Agency’s goals for Fiscal Year 2007.

(Explanatory documents include a staff report, resolution and goals.) (Nathaniel Ford)

No public comment.

Vice Chairman Kasolas requested that traffic calming be incorporated into Goal #4. E.D. Ford stated that traffic calming would be added to Goal #4.

RESOLUTION 06-118

On motion to approve:

ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey, Nolan and Shahum

12. Correcting and updating Resolution No. 04-161, and approving a settlement with Caltrans in the amount of $800,000, plus statutory interest for a portion of its property at Assessors Lot 024, Block 5474 (at Keith Street and Le Conte Avenue) and adjacent portions of Keith Street and Le Conte Avenue, as well as the small remainder parcels to the north and south, subject to a reserved easement for Caltrans to access and maintain its electrical box. (Explanatory documents include a staff report, resolution and agreement.) (Sonali Bose)

No public comment.

RESOLUTION 06-119

On motion to approve:

ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey, Nolan and Shahum

13. Approving the following traffic modifications:

A. ESTABLISH – BOLLARDS – Beale Street, west side, from 110 feet to 250 feet north of Bryant Street.

B. RESCIND – ONE WAY STREET – Beale Street, between Bryant and Folsom Streets

C. ESTABLISH – BIKE LANE (SOUTHBOUND) – Beale Street, west side, between Bryant and Folsom Streets

D. ESTABLISH – TOW-AWAY, NO PARKING , 3:30 TO 7:00 PM, MONDAY THROUGH FRIDAY – Beale Street, west side, from Bryant Street to 50 feet northerly (50 foot zone).

E. ESTABLISH – TOW-AWAY, NO STOPPING ANYTIME – Beale Street, west side, from 50 feet to 230 feet north of Bryant Street (180 foot zone).

F. RESCIND – PERPENDICULAR PARKING – Beale Street, east side, from 300 feet to 353 feet south of Folsom Street and from 620 feet to 764 feet south of Folsom Street.

G. RESCIND – PERPENDICULAR PARKING – Beale Street, west side, from Bryant Street to 630 feet northerly (north end of Harrison Overpass). (Explanatory documents include a staff report, and resolution.) (Bond Yee)

No public comment.

Director Shahum recused herself due to a conflict of interest.

RESOLUTION 06-120

On motion to approve:

ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Nolan

RECUSED – Shahum

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 McCray called the closed session to order at 5:17 p.m.

2. Roll Call

Present:

  • Shirley Breyer Black
  • Wil Din
  • Michael Kasolas
  • James McCray, Jr.
  • Peter Mezey
  • Tom Nolan
  • Leah Shahum

Also present:

  • Nathaniel Ford, Director of Transportation
  • Roberta Boomer, Board Secretary
  • Robin Reitzes, Deputy City Attorney
  • Gina Roccanova, Deputy City Attorney

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. Travelers Casualty and Surety Co. v. CCSF, et al., U.S. Dist. Ct., Northern District of Cal., Case #C061021PJH and In re Neoplan USA Corporation, U.S. Bankruptcy Court, Dist. of Delaware, Case #0610872 (For discussion only)

Also present:

  • Stuart Sunshine, Deputy Executive Director
  • Kristine Poplawski, Deputy City Attorney
  • Jonathan Rolnick, Deputy City Attorney
  • Sonali Bose, Chief Financial Officer
  • Diana Buchbinder, acting Director, Human Resources
  • Wilson Johnson, acting Director, Service Delivery
  • Carter Rohan, Director, Construction and Capital Planning

B. Lukvosky, Khan, Mitchell, Huggins, Asrat, Zolotarev, Skuratovsky, and Vasilevski v. CCSF, United States District Court #C0500389WHA filed on 1/26/2005 for $375,000

Also present:

  • Stuart Sunshine, Deputy Executive Director
  • Sonali Bose, Chief Financial Officer
  • Diana Buchbinder, acting Director, Human Resources
  • Wilson Johnson, acting Director, Service Delivery
  • Carter Rohan, Director, Construction and Capital Planning
  • Jonathan Rolnick, Deputy City Attorney

RESOLUTION 06-121

On motion to approve:

ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey, Nolan and Shahum

4. Pursuant to Government Code Section 54957 and Administrative Code Section 67.10 (b), the Parking Authority will meet in closed session to discuss:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Parking Authority Director Ron Szeto

Also present: Ron Szeto, acting Director, Parking Authority

Bond Yee, acting Director, DPT

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 6:50 p.m.

15. Announcement of Closed Session.

Chairman McCray announced that the Board met in closed session to discuss the Travelers Casualty and Surety case with the City Attorney. The Board took no action on that item. The Board also discussed the Lukovsky et. al. case with the City Attorney. The Board voted unanimously to settle the Lukovsky case. The Parking Authority also met in closed session for a performance evaluation of the Director of the Parking Authority. No action was taken on that item.

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 6:51 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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