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2:00 ‑ REGULAR MEETING ORDER OF BUSINESS 1. Call to Order Chairman McCray called the meeting to order at 3:55 p.m. 2. Roll Call Present:
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 May 29, 2007 Special Meeting: unanimously approved (Shahum-absent). 5. Communications The Board Secretary stated that Items 11 and 12 had been removed from the agenda and referred to the Governance Committee for consideration. 6. Introduction of New or Unfinished Business by Board Members Vice Chairman Nolan requested information regarding the status of safety improvements at the Market and Octavia intersection. Director Din requested that the TEP examine the recent Cable Car accident and its’ route structure and possible safety improvements. 7. Executive Director’s Report (For discussion only)
Exec. Director/CEO Ford presented Special Recognition Awards to Steve “Speedy” Brown, a transit operator from the Woods Division and to Dan Glynn, Automotive Mechanic from the Woods Division. Chairman McCray expressed appreciation on behalf of the Board. E.D. Ford announced and reviewed the June 30th service changes to light rail and bus routes. These proposals are responsive to comments received by the public and will be presented to the Board for action on June 29. 8. Citizen’s Advisory Council Report Daniel Murphy, Chairman, CAC presented he CAC’s recommendations regarding the MTA’s strategic plan and the proposed charter amendments. The CAC is unanimously supporting the June 14 draft of the Peskin charter amendment with three changes and is opposed to the McGoldrick/Sandoval charter amendment. The Peskin version extends the spirit and intent of Prop E and goes a long way toward correcting its’ shortcomings. 9. Public Comment Espanola Jackson expressed concern about the T-Third Line. The tracks are uneven which could result in the train jumping the rail. Bring back the 15-Third line to serve the BVHP community. The 4th St. bridge wasn’t built for heavy equipment and needs to be looked at. Alan White expressed concern about violation of laws by PCO’s regarding street cleaning. Signs are supposed to be a certain size. Signs are covered by graffiti and are not legible. People are being ticketed. Those people have a strong case for getting their money back. Director Mezey requested information regarding how the MTA was going to deal with the issues raised by Mr. White. E.D. Ford stated that staff would provide a comprehensive review to the Board. THE FOLLOWING MATTERS BEFORE THE MUNICIPAL TRANSPORTATION AGENCY BOARD OR PARKING AUTHORITY ARE RECOMMENDED FOR ACTION AS STATED BY THE MTA EXECUTIVE DIRECTOR/CEO, PARKING AUTHORITY DIRECTOR, 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 or Parking Authority Commission, and will be acted upon by a single vote. There will be no separate discussion of these items unless a member of the Board/Commission 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. Michael Gallo vs. CCSF, Superior Ct. #456219 filed on 9/18/06 for $5,000 B. Amen Kahlon vs. CCSF, Superior Ct. #431-049 filed on 5/3/04 for $8,000 C. David Ford vs. CCSF, Unlitigated Claim #0702557 filed on 3/30/07 for $13,861.05 D. Samira Kuduzovic vs. CCSF, Unlitigated Claim #0703013 filed on 5/18/07 for $8,875.26 E. Noe Cisneros vs. CCSF, Superior Ct. #449497 filed on 2/15/06 for $55,000 F. William Lutwick vs. CCSF, Superior Ct. #447901 filed on 10/19/05 for $67,000 RESOLUTION 07-081 (10.2) Approving the following traffic modifications: A. RESCIND - ANGLE (45-DEGREE) PARKING - 20th Avenue, east side, from Ortega Street to 144 feet southerly. B. ESTABLISH - SPEED HUMPS - Beacon Street, approximately 50 feet south of 383 Beacon Street, within the existing traffic chicane. C. ESTABLISH - RESIDENTIAL PERMIT PARKING AREA "Y" (2-HOUR TIME LIMIT, 8 AM - 10 PM, EVERYDAY) - Colin P. Kelly Jr. Street, east side, between Brannan Street and Townsend Street, adding 2 Townsend Street to Residential Permit Parking Area “Y”. D. ESTABLISH - PARKING METERS (AREA 3, 9AM TO 6 PM, MONDAY THROUGH SATURDAY) - Clay Street, south side, from 106 feet west of Webster Street to 73 feet east of Fillmore Street. E. ESTABLISH - 1-HOUR PARKING TIME LIMIT, 7AM TO 6 PM, MONDAY THROUGH SATURDAY - 10th Street, west side, between Bryant Street and Division Street. F. EXTEND - MUNI BUS ZONES - Post Street, south side, from 75 to 100 feet west of Octavia Boulevard. (Explanatory documents include a staff report, and resolution.) (Bond Yee) RESOLUTION 07-082 (10.3) Authorizing the Executive Director/CEO to accept and expend $217,970 in State grant funds from CARB to purchase low-polluting construction equipment. (Explanatory documents include a staff report, and resolution.) (Sonali Bose) RESOLUTION 07-083 (10.4) Authorizing the Executive Director/CEO to accept and expend $384,637 in Transportation Development Act funds for engineering for bicycle projects and bicycle safety programs. (Explanatory documents include a staff report, and resolution.) (Sonali Bose) Director Shahum requested that item 10.4 be severed so she could be recused. RESOLUTION 07-084 On motion to approve Item 10.4: ADOPTED: AYES – Beach, Black, Din, McCray, Mezey, Nolan and Shahum RECUSED - Shahum (10.5) Accepting Contract No. MR-1203, Bayview Connections Project; approves execution of Contract Modification No. 2 increasing the contract amount by $29, 447.94 to the final contract amount of $1,237,543.94 and increasing the contract duration by 161 calendar days; authorizes the release of retention in the amount of $1,000 to Mitchell Engineering; and, accepts the work as complete. (Explanatory documents include a staff report, resolution and contract modification.) (Carter Rohan) RESOLUTION 07-085 (10.6) Accepting Contract No. MR-1186, Cable Car Traffic Signal Preemption at California Street and Grant Avenue, approves Contract Modification No. 1, which reduces the contract amount by $13,089.95 to a final contract amount of $316,758.05, authorizes the release of remaining retention and final payment in the amount of $16,312.90, and approves the closeout of the contract with Millard Tong Construction Company. (Explanatory documents include a staff report, resolution and contract modification.) (Carter Rohan) RESOLUTION 07-086 On motion to approve the Consent Calendar (Item 10.4 severed): ADOPTED: AYES – Beach, Black, Din, McCray, Mezey, Nolan and Shahum REGULAR CALENDAR 11. Adopting general policies to guide rate setting for the Civic Center, Ellis-O’Farrell, Fifth and Mission, Golden Gateway, Japan Center, Mission-Bartlett, Portsmouth Square, St. Mary’s Square, Sutter-Stockton, Union Square, Vallejo Street, 16th & Hoff, and 1660 Mission Street garages and the 7th & Harrison Parking Lot that directs staff to: set measurable goals to reduce traffic congestion around parking facilities; recommend parking rates that achieve peak occupancy utilization between 70 and 85 percent; maintain annual transient parking volume between 7.5 to 8.5 million vehicles; attract short-term customers and charge short-term rates that are less expensive than on-street meters; establish priority for short-term transient demand and allow the use of the remaining spaces for long-term parking at market rates; make available parking spaces to accommodate expected growth in car-pooling and car-sharing at a reduced rate; continue to accommodate bicycle parking at no charge; encourage garages to offer validated parking; encourage public/private partnerships that increases the use of parking facilities and promotes commerce during holidays and special promotions; require that storage spaces not utilized for operational needs shall be advertised and rented; require the Director to compare parking rates at private garages and shopping centers; and authorizing the Director of the Parking Authority to implement a low-occupancy validation pilot program. (Explanatory documents include a staff report and resolution.) (Ron Szeto) The Board deferred action and referred consideration to the Governance Committee.
The Board deferred action and referred consideration to the Governance Committee. 13. Approving the Japan Center Garage Corporation’s Fiscal Year 2008 budget, marketing plan and capital improvement requests for the Japan Center Garages. (Explanatory documents include a staff report, resolution and budget.) (Ron Szeto) PUBLIC COMMENT: Steve Nakajo, Board member, Japan Center Garage requested support for the budget. The Japantown neighborhood is undergoing a tremendous number of changes. It is imperative to maintain the budget for community outreach and marketing to make sure that San Francisco remains focused on Japantown. Caryl Ito, Japan Town Task Force, stated that they have been tasked with promoting Japantown’s history and urged the Board to continue to support the marketing segment of the Japantown garage budget for an additional year. The garage is a vital resource for both Japantown and upper and lower Fillmore St. They are trying to hold onto the cultural and historical importance of the community. Mary Ishisaki expressed support for the Japantown Task Force’s budget. The Task Force has been instrumental in facilitating their neighborhood while in transition. They have worked diligently with community factions, including merchants, residents, and large and small corporations. The tourist business is instrumental to keeping the garage in a paying position. The Task Force has taken the lead to bring business in. Seiko Fujimoto stated that the Task Force promotes cultural events and use of the garage. They have created interest for business from other countries in coming to San Francisco to do business. Jeff Mori, Chairman, Japantown Center Parking Corporation, expressed appreciation for the relationship with the city. There has been diligent review of the budget, garage operations, security concerns and the economic vitality of the community. On motion to amend the resolution to remove $100,000 for the feasibility study and reduce the contingency by a commensurate amount: ADOPTED: AYES – Beach, Black, Din, Nolan and Shahum NAYES – Mezey and McCray RESOLUTION 07-087 On motion to approve the budget as amended to remove $100,000 for the feasibility study and to reduce the contingency by a commensurate amount: ADOPTED: AYES – Beach, Black, Din, McCray, Mezey, Nolan and Shahum 14. Approving the Ellis-O’Farrell Parking Corporation Fiscal Year 2008 budget and the capital improvement requests for the Ellis O’Farrell Garage. (Explanatory documents include a staff report, resolution and budget.) (Ron Szeto) Chairman McCray directed the board secretary to call items 14 through 22 with the exception of Item 19. No public comment. On the motion to amend the garage budgets to remove funding for capital expenditures unless bonding requirements required the MTA to do otherwise: ADOPTED: AYES – Beach, Black, Din, McCray, Mezey, Nolan and Shahum RESOLUTION 07-088 On motion to approve as amended to remove funding for the capital improvement requests unless bonding requirements required the MTA to do otherwise: ADOPTED: AYES – Beach, Black, Din, McCray, Mezey, Nolan and Shahum 15. Approving the Uptown Parking Corporation’s Fiscal Year 2008 budget and capital improvement requests for the Union Square Parking Garage. (Explanatory documents include a staff report, resolution and budget.) (Ron Szeto) No public comment. RESOLUTION 07-089 On motion to approve as amended to remove funding for the capital improvement requests unless bonding requirements required the MTA to do otherwise: ADOPTED: AYES – Beach, Black, Din, McCray, Mezey, Nolan and Shahum 16. Approving the Uptown Parking Corporation’s Fiscal Year 2008 budget and capital improvement requests for the Sutter-Stockton Garage. (Explanatory documents include a staff report, resolution and budget.) (Ron Szeto) No public comment. RESOLUTION 07-090 On motion to approve as amended to remove funding for the capital improvement requests unless bonding requirements required the MTA to do otherwise: ADOPTED: AYES – Beach, Black, Din, McCray, Mezey, Nolan and Shahum 17. Approving the Downtown Parking Corporation’s Fiscal Year 2008 budget and capital improvement requests for the Fifth and Mission Parking Garage. (Explanatory documents include a staff report, resolution and budget.) (Ron Szeto) No public comment. RESOLUTION 07-091 On motion to approve as amended to remove funding for the capital improvement requests unless bonding requirements required the MTA to do otherwise: ADOPTED: AYES – Beach, Black, Din, McCray, Mezey, Nolan and Shahum 18. Approving the Portsmouth Plaza Parking Corporation’s Fiscal Year 2008 budget and capital improvement requests for the Portsmouth Square Garage. (Explanatory documents include a staff report, resolution and budget.) (Ron Szeto) No public comment. RESOLUTION 07-092 On motion to approve as amended to remove funding for the capital improvement requests unless bonding requirements required the MTA to do otherwise: ADOPTED: AYES – Beach, Black, Din, McCray, Mezey, Nolan and Shahum 19. Authorizing the MTA Executive Director/CEO to approve the Golden Gateway Garage Fiscal Year 2008 budget, marketing plan and capital improvement request. (Explanatory documents include a staff report, resolution and budget.) (Ron Szeto) Chairman McCray tabled the item. 20. Authorizing the MTA Executive Director/CEO to approve the Civic Center Plaza Garage Fiscal Year 2008 budget, marketing plan and capital improvement request. (Explanatory documents include a staff report, resolution and budget.) (Ron Szeto) No public comment. RESOLUTION 07-093 On motion to approve as amended to remove funding for the capital improvement requests unless bonding requirements required the MTA to do otherwise: ADOPTED: AYES – Beach, Black, Din, McCray, Mezey, Nolan and Shahum 21. Authorizing the MTA Executive Director/CEO to approve the Mission Bartlett Garage Fiscal Year 2008 budget, marketing plan and capital improvement request. (Explanatory documents include a staff report, resolution and budget.) (Ron Szeto) No public comment. RESOLUTION 07-094 On motion to approve as amended to remove funding for the capital improvement requests unless bonding requirements required the MTA to do otherwise: ADOPTED: AYES – Beach, Black, Din, McCray, Mezey, Nolan and Shahum 22. Authorizing the MTA Executive Director/CEO to approve the St. Mary’s Square Garage and 16th & Hoff Street Garage combined Fiscal Year 2008 budget, marketing plan and capital improvement request. (Explanatory documents include a staff report, resolution and budget.) (Ron Szeto) No public comment. RESOLUTION 07-095 On motion to approve as amended to remove funding for the capital improvement requests unless bonding requirements required the MTA to do otherwise: ADOPTED: AYES – Beach, Black, Din, McCray, Mezey, Nolan and Shahum 23. Discussion of and possible action regarding proposed Charter Amendments regarding the SFMTA governance and structure. (Explanatory documents include a staff report.) (Debra Johnson) Debra Johnson, Chief of Staff/Director of External Affairs, Sonali Bose, Chief Financial Officer and Diana Buchbinder, Director of Human Resources presented the staff report. PUBLIC COMMENT: Irwin Lum, President, TWU Local 250-A, stated that the charter amendment attacks transit operators. 250-A is working with Supervisor Peskin and others to offer concrete suggestions to make the system work. The amendment takes out the wage formula that has been in place for a long time. 250-A has no problem with way it is now and they would rather not change it but they can live with it. There are other positive aspects and major issues that affect other unions. Glenda Lavigne, TWU Local 200 expressed concern regarding how the amendment would affect Local 200 supervisors and managers. The measure allows for about 200 exempt employees, which will allow the MTA to hire and fire employees according to job performance. Local 200 is not fighting it because it may allow for more money. Labor will work with you but it won’t accept any erosion of the civil service process. On the motion to support the current direction of the draft charter amendment by Supervisor Peskin; direct staff to work to assure the highest benefit to the SFMTA’s mission and values, including respect for workers; and return the final draft to the Board for consideration: ADOPTED: AYES – Beach, Din, Mezey, Nolan and Shahum NAYES - Black, and McCray On the motion to oppose Supervisor McGoldrick and Sandoval’s charter amendment: ADOPTED: AYES – Beach, Black, Din, McCray, Mezey, Nolan and Shahum 24. Authorizing the Executive Director/CEO to execute Contract Modification No. 43 to Contract No. MR-1142, Third Street Light Rail Project: 22nd Street to Jerrold Avenue, with Mitchell Engineering/Obayashi Corp., to increase the contract value by $2,650,000 to a total contract value of $51,755,334, with no extension to the Contract time. (Explanatory documents include a staff report, resolution and contract modification.) (Carter Rohan) No public comment. RESOLUTION 07-096 On motion to approve: ADOPTED: AYES – Beach, Black, Din, McCray, Mezey, Nolan and Shahum 25. Authorizing the Executive Director/CEO to enter into negotiations for a new Transit Shelter Advertising Agreement with the highest-ranked compliant proposer, Clear Channel Outdoor. (Explanatory documents include a staff report, resolution and contract.) (Sonali Bose) PUBLIC COMMENT: Bill Hooper, President, Clear Channel Outdoor, stated that they were thrilled with the staff selection. Milo Hanke, San Francisco Beautiful, stated that San Francisco didn’t need more advertising. 80% of San Francisco voters said no to new billboards. S.F. Beautiful would like to see more bus shelters but without advertising. Advertising kiosks should be brought down. The money generated by the shelter contract is miniscule. Muni is enabling the degradation of the city’s streetscapes. We want to work in earnest with you to identify rational solutions. RESOLUTION 07-097 On motion to approve: ADOPTED: AYES – Beach, Black, Din, McCray, Mezey, Nolan and Shahum 26. Authorizing the Executive Director/CEO to execute Contract Modification No. 2 to Office of Contract Administration Contract No. 869091, Security Guard Services (Armed and Unarmed) with King Security Services, Inc., to extend the term of the contract from July 1, 2006 through December 31, 2007 and increase the contract value by $3,500,000 to a total contract value of $12,500,000 to provide security services at Municipal Transportation Agency facilities and escort services for deliveries of fare media and cash, pending approval by the San Francisco Board of Supervisors. (Explanatory documents include a staff report, resolution and contract modification.) (Sonali Bose) No public comment. RESOLUTION 07-098 On motion to approve: ADOPTED: AYES – Beach, Black, Din, McCray, Mezey, Nolan and Shahum 27. 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. RECESS REGULAR MEETING AND CONVENE CLOSED SESSION CLOSED SESSION 1. Call to Order Chairman McCray called the closed session to order at 6:05 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: A. Christopher Gray vs. CCSF, Superior Ct. #430519 filed on 4/13/04 for $100,000 Also present:
RESOLUTION 07-099 On motion to approve: ADOPTED: AYES – Beach, Black, Din, McCray, Mezey, Nolan and Shahum 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 cases: CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation: ___X___ As defendant (1 case) __X___ As plaintiff (1 case) A. Proposed Settlement Agreement and Release of Claims between the Municipal Transportation Agency and the California Council of the Blind, The San Francisco Lighthouse for the Blind and Visually Impaired, the Independent Living Resource Center San Francisco and Damien Pickering, an individual for $485,520 and commitment to install audible pedestrian signals in at least 80 intersections through December 31, 2009. Also present:
RESOLUTION 07-100 On motion to approve: ADOPTED: AYES – Beach, Black, Din, McCray, Mezey, Nolan and Shahum B. CCSF v. Five Star Parking/Elite Parking, Unlitigated Claim filed on 1/3/07 for $4,633,000 (City to receive) Also present:
RESOLUTION 07-101 On motion to approve: ADOPTED: AYES –Black, Din, McCray, Mezey, Nolan and Shahum ABSENT – Beach ADJOURN CLOSED SESSION AND RECONVENE OPEN SESSION - The closed session was adjourned at 8:10 p.m. 28. Announcement of Closed Session. Chairman McCray announced that the Board met in closed session to discuss three cases with the City Attorney. The Board voted unanimously to settle the cases (Beach-absent for the Five Star Settlement.) 29. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved (Beach-absent.) ADJOURN - The meeting was adjourned at 8:12 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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