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2:00 ‑ REGULAR MEETING ORDER OF BUSINESS 1. Call to Order Chairman McCray called the meeting to order at 2:05 p.m. 2. Roll Call Present:
Absent: Leah Shahum – 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 November 3, 2006 Special Meeting: unanimously approved (Shahum-absent). On motion to approve the minutes of the November 7, 2006 Regular Meeting: unanimously approved (Shahum-absent).
5. Communications Board Secretary Boomer stated that Item 16 regarding the Polk-Bush garage contract had been removed from the agenda at the request of Mr. Szeto. 6. Introduction of New or Unfinished Business by Board Members Chairman McCray announced that the December 19th board meeting will be cancelled. Vice Chairman Kasolas requested information regarding the appointment of the acting director of the Parking Authority and expressed concern regarding the need to move forward quickly. He stated that the Parking Authority has worked well over the years and is still short on manpower. Director Din stated that the ad hoc Performance Evaluation Committee wanted to understanding the Parking Authority Commission’s powers and duties and had issued an RFP for an independent consultant to help the commission identify what we’re doing and how we could do it better. A report would be ready within two months and would be provided to the Parking Authority Commission. The cost will be between $10,000 and $30,000. Exec. Director Ford confirmed that funds were available. 7. Executive Director’s Report -Ongoing Activities Exec. Director Ford stated that the passage of state propositions 1A-C would have significant impact on the MTA’s finances going forward. The monies will be used for capital projects. Staff will review the projects that need funding and will prepare a plan to use these funds. Staff will provide the plan to the CAC and the Board. Diana Buchbinder, Director, Human Resources discussed programs to enhance operator availability. Director Mezey requested a breakdown of operator availability by category and a comparison of the MTA’s numbers with transit agencies of similar size. Sonali Bose, Chief Financial Officer, discussed the use of senior and disabled passes on BART. BART Director Tom Radulovich stated that he was glad to see that progress was being made. BART Director Bob Franklin proposed a $10 surcharge to cover the amount that is spent on BART by the discounted groups. The benefit to Muni would be to help passengers by giving them a choice but it would also speed the boarding process for Muni buses. Sonali Bose, Chief Financial Officer, presented a report regarding the Cable Car Program including fares and use of transfers. Vice Chairman Kasolas requested an evaluation of the impact to the MTA if cable car fares returned to $1.50 and allowed transfers across modes. E.D. Ford stated that staff would put together a comprehensive analysis of the Cable Car system and would present it to the Board in January. Director Mezey requested information regarding the number of passes sold by each vendor. PUBLIC COMMENT: Irwin Lum, President, Local 250A, stated that Muni hasn’t hired operators for the past two years. TWU is working with MTA management on operator attendance and availability. Some operators are being released for duty when they are not fully well. People have continual injuries and need help. We need to look at what is causing injuries and address that. The absenteeism policy should be enforced “across the board”. Bruce Oka stated that if BART and Muni had included people with disabilities in their negotiations from the beginning, we would already have an agreeable solution and we wouldn’t be going through this now. He stated that they’ve been left out of the mix in this discussion just as they were in the Civil Rights act. If this does not get done, then we’ll do it for you. Mr. Oka commended the MTA for what they’re doing now to address the issue. Edward Mason requested that the MTA include the issue of the BART plus ticket flash pass when staff deals with the senior/disabled passes with BART. People pay extra for the flash pass but they have to pay the full BART fare in San Francisco. BART trains are empty by the time they get to Montgomery Station. San Francisco riders are just occupying reverse commute trains. 8. Citizen’s Advisory Council Report No report. 9. Public Comment Mark Gleason commended staff for removing the contract for the Polk-Bush garage. The Polk-Bush garage has had a troubled history and the operator didn’t perform correctly. The Office of Labor Standards found that the current operator wasn’t in compliance. Workers are saying that workers aren’t being paid prevailing wage. Please find out what’s going on and find an operator who will perform correctly. Howard Strassner, Sierra Club, stated that they tried to help Muni by raising the Parking Tax but the ballot measure failed in the recent election. People don’t know that meter rates aren’t affected by the parking tax. It’s appropriate to raise meter rates and parking fares when you raise Muni fares. It shouldn’t cost less to drive downtown than for two people to take Muni. Barry Taranto stated that it’s cheaper to take a cab to Fisherman’s Wharf than a Cable Car. He stated that there are hardly any PCO’s at night. The MTA should continue to issue tickets until five or ten minutes before the end of the time in tow-away zones. It’s not just about punishing someone for parking in a “Tow-Away No Parking” zone but it’s about moving traffic. Construction around Union Square starts around 7 a.m. but it shouldn’t start before 8 a.m. Mark Posard, NM Parking, stated that there was no finding of violation and there are no current prevailing wage violations at the Polk-Bush garage. 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:
RESOLUTION 06-144 (10.2) Approving the following traffic modifications:
RESOLUTION 06-145 (10.3) Authorizing the Executive Director to accept and expend $423,000 of Caltrans’s Safe Routes to School program funding for implementation of DPT’s Buena Vista Safe Routes to School Project. (Explanatory documents include a staff report and resolution) (Bond Yee) RESOLUTION 06-146 (10.4) Authorizing the Executive Director to execute the Second Amendment to the Operating Agreement and License with the Friends of the Cable Car Museum, Inc., to extend the Agreement for one year, from December 1, 2006, through November 30, 2007. (Explanatory documents include a staff report, resolution and amendment.) (Sonali Bose) RESOLUTION 06-147 On motion to approve the Consent Calendar: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Nolan ABSENT – Shahum REGULAR CALENDAR 11. Presentation of FY07 First Quarter Service Standards Report. (Explanatory documents include a report) (Debbie Denison) Debbie Dennison, acting Director, Information and Technology, presented the report. Director Mezey requested information regarding the lines with the best and worst on-time performance. PUBLIC COMMENT: Howard Strassner stated that he is encouraged by the discussion about schedules and suggested that the Agency start with buses that have longer headways. Mr. Strassner also stated that he was also encouraged regarding the 1-CA pilot project and requested a report on how we’re doing with ticketing cars that park on the sidewalk. It’s difficult for people with disabilities to get around those cars. 12. Presentation of the FY07 First Quarter Financial Report. (Explanatory documents include a report) (Sonali Bose) Sonali Bose, Chief Financial Officer, presented the report. No public comment. 13. Presentation of the FY07 First Quarter Citation Report. (Explanatory documents include a report) (Antonio Parra) No public comment. Antonio Parra, Deputy Chief, Enforcement and Security Division, presented the report. Director Kasolas requested that information regarding tows and the cost of each ticket be added to the report. 14. Amending the MTA Board Rules of Order to add Section 13 "Attendance at Meetings" to establish an attendance policy for members of the MTA Board of Directors. (Explanatory documents include a staff report and resolution) (Roberta Boomer) No public comment. Vice Chairman Kasolas requested that the policy be amended to provide the year-end report to the Board of Directors prior to submission to the appointing authority. RESOLUTION 06-148 On motion to approve as amended: ADOPTED: AYES – Black, Din, Kasolas, McCray, Mezey and Nolan ABSENT – Shahum PARKING AUTHORITY 15. Presentation of the FY07 First Quarter Garage Performance Report. (Explanatory documents include a report) (Ron Szeto) Mr. Szeto, acting Director, Parking Authority, presented the report. No public comment. 16. Acting as the Parking Authority, authorizing the Director of the Parking Authority to execute the contract with NM Parking for the management of the Polk-Bush Garage, for a term of six years, with extension options not to exceed fours years, for a management fee of $14,435 per month, subject to reductions to pay owed prevailing wages, and an annual incentive fee not to exceed $25,000 per contract year. (Explanatory documents include a staff report, resolution and contract.) (Ron Szeto) This item was removed from the agenda at the request of the acting Director of the Parking Authority. 17. 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 (Shahum-absent). RECESS REGULAR MEETING AND CONVENE CLOSED SESSION CLOSED SESSION 1. Call to Order Chairman McCray called the closed session to order at 5:25 p.m. 2. Roll Call Present:
Absent: Leah Shahum 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 cases: CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation: ___X___ As defendant _____ As plaintiff (2 cases) First case discussed: Also present:
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 attorney‑client matters in the following case: CONFERENCE WITH LEGAL COUNSEL Existing Litigation:
(4.1) Coalition for Adequate Review, Superior Ct. #505509, filed on 7/28/2005 Also Present:
ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 6:05 p.m. 18. Announcement of Closed Session.
Chairman McCray announced that the Board met in closed session for a conference with legal counsel to discuss anticipated litigation with the City as defendant in two matters and existing litigation regarding the Coalition for Adequate Review. The Board took no action on any item. 19. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved (Shahum-absent). ADJOURN - The meeting was adjourned at 6:07 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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