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9:00 – SPECIAL MEETING ORDER OF BUSINESS 1. Call to Order Chairman McCray called the meeting to order at 9:18 a.m. 2. Roll Call Present:
Absent: Peter Mezey – with notification 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 June 29, 2007 Special Meeting: unanimously approved (Mezey-absent.) 5. Communications Board Secretary Boomer stated that Item 18, Contract Amendment #2 with Nelson/Nygaard had been removed from the agenda at the request of staff. 6. Introduction of New or Unfinished Business by Board Members Chairman McCray expressed appreciation for the opportunity to attend the 2007 APTA Transit Board Member/Board Support conference. During the conference there were discussions regarding committees. One presenter stated that for a board the size of the MTA, he recommended no more than two standing committees. Chairman McCray stated that he would provide a possible list of committees for consideration to the Board and requested that the Governance Committee review the list. Chairman McCray stated that he had requested that Board Secretary Boomer prepare a status report on items requested by or promised to the Board on a quarterly basis. 7. Executive Director’s Report (For discussion only)
Executive Director/CEO Ford presented Special Recognition Awards to Jim Nelson, Transit Planner, Real Estate Department; Janis Yuen, Public Relations Officer, External Affairs; and Romer Manag, Electrical Transit Systems Mechanic at Muni’s Geneva/Green Division. Exec. Director/CEO Ford reviewed the MTA’s activities associated with the “All Star” game. On Thursday, July 12, the SFMTA hosted the 45th Annual Cable Car Bell Ringing Contest. Mr. Leonard Oats is the new Bell Ringing Champion. Second place was awarded to Ken Lunardi. Third place was awarded to Frank Ware. Next year’s Bell Ringing Contest will take place on Tuesday, June 10 during the 2008 APTA Rail Conference. Mr. Ford reviewed the status of operations following implementation of service changes. He stated that operations were running smoother and that average travel times, dwell times, missed service and operator absenteeism have all decreased. Mr. Ford announced that San Francisco was the host city for the Federal Transit Administration’s “West Coast New Starts Roundtable” this week. Exec. Director/CEO Ford reviewed the status of Board of Supervisor President Peskin’s charter amendment regarding the MTA. With input from the unions, they were able to work out an amicable charter amendment that will help the MTA move forward. PUBLIC COMMENT: Irwin Lum, President, TWU, Local 250-A, expressed appreciation to everyone who provided the opportunity to work out a charter amendment that would be beneficial to everyone. 8. Citizen’s Advisory Council Report No report. 9. Public Comment None. THE FOLLOWING MATTERS BEFORE THE MUNICIPAL TRANSPORTATION AGENCY BOARD ARE RECOMMENDED FOR ACTION AS STATED BY THE MTA EXECUTIVE DIRECTOR/CEO OR CITY ATTORNEY WHERE APPLICABLE. EXPLANATORY DOCUMENTS FOR ALL 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. 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 07-114 (10.2) Approving the following traffic modifications:
RESOLUTION 07-115 (10.3) Authorizing the Executive Director/CEO to execute an agreement with the Metropolitan Transportation Commission to obtain up to $2,079,200 as reimbursement for participation in the 2007 Spare the Air/Free Transit Program. (Explanatory documents include a staff report, resolution and agreement.) (Debra Johnson) RESOLUTION 07-116 (10.4) Authorizing the Executive Director/CEO to execute Amendment No. 11 to Contract No. CS-116, Design and Construction Support Services for Muni Metro East Light Rail Vehicle Maintenance and Operations Facility with Gannett Fleming in an amount not to exceed $450,108, for a total contract amount not to exceed $12,713,008. (Explanatory documents include a staff report, resolution, financial plan and contract modification.) (Carter Rohan) RESOLUTION 07-117 (10.5) Agreeing with the Parking Authority Commission to authorize and direct the Executive Director/CEO to assign responsibility for: managing and administering the oversight of the public garages; developing an interim plan for staffing and managing oversight of the public garages; outlining policy and governance options and preparing a draft permanent agreement for the operation and management of the public garages. (Explanatory documents include a resolution.) (Sonali Bose) RESOLUTION 07-118 No public comment. On motion to approve the Consent Calendar: ADOPTED: AYES – Beach, Black, Din, McCray, Nolan and Shahum ABSENT – Mezey REGULAR CALENDAR 11. Adopting an overall annual goal of 25 percent for Disadvantaged Business Enterprise participation in FTA-assisted contracts for FFY 2008; and authorizing the MTA to use exclusively race- and gender-neutral measures to achieve the DBE goal. (Explanatory documents include a staff report, resolution and methodology.) (Sonali Bose) No public comment. RESOLUTION 07-119 On motion to approve: ADOPTED: AYES – Beach, Black, Din, McCray, Nolan and Shahum ABSENT – Mezey 12. Authorizing execution of Contract Modification No. 14 to Contract No. MR-1147 Third Street Light Rail Transit, Platform Finishes and Special Systems; increasing the amount by $4,466,285.54 to the final amount of $29,864,347.01 and establishing the substantial completion date of April 7, 2007 with Travelers Casualty & Surety Company of America. (Explanatory documents include a staff report, resolution, financial plan and contract modification.) (Carter Rohan) Chairman McCray requested that items 12-17 be called together. Carter Rohan, Senior Director, Construction Development and Planning, presented the staff report. No public comment. RESOLUTION 07-120 On motion to approve: ADOPTED: AYES – Beach, Black, Din, McCray, Nolan and Shahum ABSENT – Mezey 13. Authorizing execution of Contract Modification No. 44 to Contract No. MR-1142 Third Street Light Rail Transit, Platform Finishes and Special Systems; increasing the amount by $3,092,083.65 for a final amount of $54,847,417.65 and establishing the substantial completion date of April 7, 2007 with Mitchell Engineering/Obayashi Corp. (Explanatory documents include a staff report, resolution, financial plan and contract modification.) (Carter Rohan) No public comment. RESOLUTION 07-121 On motion to approve: ADOPTED: AYES – Beach, Black, Din, McCray, Nolan and Shahum ABSENT – Mezey 14. Authorizing execution of Contract Modification No. 22 to Contract No. MR-1143 Third Street Light Rail Project: Jerrold Avenue to Donner Avenue; increasing the amount by $2,398,929.59 for a final amount of $38,399,327.99 and establishing the substantial completion date of April 7, 2007 with Mitchell Engineering/Obayashi Corp. (Explanatory documents include a staff report, resolution, financial plan and contract modification.) (Carter Rohan) No public comment. RESOLUTION 07-122 On motion to approve: ADOPTED: AYES – Beach, Black, Din, McCray, Nolan and Shahum ABSENT – Mezey 15. Authorizing execution of Contract Modification No. 9 to Contract No. MR-1141, Third Street Light Rail Project: King Street to 22nd Street increasing the amount by $1,528,034.63 for a final amount of $25,855,062.14 and establishing the substantial completion date of April 7, 2007 with Mitchell Engineering/Obayashi Corp. (Explanatory documents include a staff report, resolution, financial plan and contract modification.) (Carter Rohan) No public comment. RESOLUTION 07-123 On motion to approve: ADOPTED: AYES – Beach, Black, Din, McCray, Nolan and Shahum ABSENT – Mezey 16. Authorizing execution of Contract Modification No. 15 to Contract No. MR-1146, Third Street Light Rail Project: Traction Power Systems Project; increasing the Contract amount by $405,936.99 for a final Contract amount of $9,488,545.25, and establishing the substantial completion date of April 7, 2007 with Mitchell Engineering. (Explanatory documents include a staff report, resolution, financial plan and contract modification.) (Carter Rohan) No public comment. RESOLUTION 07-124 On motion to approve: ADOPTED: AYES – Beach, Black, Din, McCray, Nolan and Shahum ABSENT – Mezey 17. Authorizing execution of Contract Modification No. 17 to Contract No. MR-1144 Third Street Light Rail Transit, Donner Avenue to Hester Avenue with Shimmick Construction/Homer J. Olsen, increasing the amount by $241,389.69 for a final amount of $43,207,686.19. (Explanatory documents include a staff report, resolution, financial plan and contract modification.) (Carter Rohan) No public comment. RESOLUTION 07-125 On motion to approve: ADOPTED: AYES – Beach, Black, Din, McCray, Nolan and Shahum ABSENT – Mezey 18. Authorizing the Executive Director/CEO to execute Modification No. 2 to Contract No. CCO 05-914, Municipal Transportation Quality Review, with Nelson\Nygaard Consulting, to add additional scope of work to the review for fiscal years 2005-2006 in the amount of $57,000, for a total contract amount not to exceed $152,128.75. (Explanatory documents include a staff report, resolution, financial plan and contract modification.) (Jenniffer Hamilton) This item was removed from the agenda at the request of staff. 19. Discussion and vote pursuant to Administrative Code Section 67.10(d) as to whether to conduct a closed session and invoke the attorney‑client privilege. On motion to invoke the attorney-client privilege: unanimously approved (Mezey-absent.) Director Shahum stated that she needed to recuse herself from the closed session due to a conflict of interest. RECESS REGULAR MEETING AND CONVENE CLOSED SESSION CLOSED SESSION 1. Call to Order Chairman McCray called the closed session to order at 10:38 a.m.
2. Roll Call Present:
Absent:
Also present:
3. 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 OPEN SESSION - The closed session was adjourned at 11:38 a.m. 20. Announcement of Closed Session. Chairman McCray announced that the Board met in closed session to discuss anticipated litigation with the City Attorney. The Board took no action. 21. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved (Mezey, Shahum-absent.) ADJOURN - The meeting was adjourned at 11:39 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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