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9:00 a.m. - CLOSED SESSION 1. Call to Order Chairman Vaughns called the closed session to order at 9:03 a.m. 2. Roll Call Present:
Also present:
3. 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 (Mezey-absent).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 and take action on attorney-client matters in the following case: CONFERENCE WITH LEGAL COUNSEL Existing Litigation: (4.1) Coral Construction, Superior Ct. #421249, filed on 9/12/00 ADJOURN - The closed session was adjourned at 10:02 a.m. 9:30 a.m. - SPECIAL MEETING ORDER OF BUSINESS 1. Call to Order Chairman Vaughns called the meeting to order at 10:12 a.m. 2. Roll Call Present:
Absent: Peter Mezey 3. Announcement of prohibition of sound producing devices during the meeting. Chairman Vaughns announced that the ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at the meeting. She advised that any person responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices may be removed from the meeting. 4. Approval of Minutes On motion to approve the minutes of the July 20, 2004 Regular Meeting: unanimously approved (Mezey-absent). 5. Communications (5.1) Announcement of Closed Session. Chairman Vaughns announced the Board met in closed session to discuss Coral Construction vs. CCSF with the city attorney. The Board took no action. (5.2) Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved (Mezey-absent). Board Secretary Boomer announced that Item 10.1 (G) was removed from the agenda at the request of the Director of Transportation. Items 10.4, 10.5, 10.6, 10.7 and 15 were removed from the calendar at the request of the Board and would be continued to the September 7 meeting. 6. Introduction of New or Unfinished Business by Board Members Chairman Vaughns requested the participation of the Board in the Operator of the Month and Safe Driver Awards Programs. She suggested that Board members attend these events at one division for a three-month period and then transition to a different division. -Status Report on the Bike and Traffic Calming Plans. Executive Director Burns introduced the Traffic Calming Program, adding that the Bike Plan would be presented to the Board in September. Staff is also developing the Pedestrian Plan. All of these plans are tied into Prop. K funds. Manito Velasco, Manager of the Traffic Calming Program, presented the Traffic Calming Program. The plan is a comprehensive, community-oriented approach designed to reduce speeding, improve safety, accommodate Muni and emergency vehicle access and improve access for bikes and pedestrians. It includes an intensive community outreach and participation process. Prior to the availability of Prop. K funds, there hasn't been a comprehensive effort to fund traffic calming projects. The Transportation Authority requested that the MTA develop a five-year plan, which is currently being developed. Director Kasolas asked that the plan be presented to the Board by the first meeting in December and that a status report on the plan be presented two months prior. Exec. Director Burns replied that staff will present the plan in December if it's complete. If it's not ready, staff will review its status. Director Kasolas commented that it's important to keep in mind that we have serious safety issues on the streets. It's imperative for all departments to move forward as fast as possible. Bond Yee, acting Deputy Director, DPT, reviewed the current status of the Bike Plan. There are two parts to the plan, a policy framework, which examines various components of a successful bike plan, and the network improvements, which will include site-specific projects. The environmental process has delayed the project but staff is looking for ways to speed it up. Staff is also looking to resolve potential conflicts in transit corridors where public transit and bicycles may be in conflict. Chairman Vaughns noted that the CAC had provided a letter to the Board with recommendations for a bike plan. She inquired if staff was coordinating a response. Mr. Yee stated that they had engaged the CAC as part of this process. Director Din asked staff to provide an explanation about the process, in particular the approval process as the project comes to fruition. Mr. Yee stated that each project impacts other agencies and community and neighborhood interests. The Technical Advisory Committee is comprised of those other interested entities that will review the plan. The MTA Board and the Board of Supervisors will also approve the plan. Plans of this nature take time to complete because of the need to build consensus. The first portion is expected to be complete in September. The second portion is contingent on the first part as there are still issues that are being ironed out. Director Din asked for a list of TPS streets that have bike lanes. 7. Executive Director's Report -Special Recognition Award -Annual Employee and Rider Surveys -Ongoing Activities Executive Director Burns was pleased to present Stella Ong as this month's Special Recognition Award winner. Ms. Ong has been working in the Finance department for the past three years where she has demonstrated a consistent commitment and skill in anticipating what work will be needed. Her most telling attribute is her ability to maintain a positive attitude. She developed a more efficient system for developing the budget, which benefited the entire department. She is a great asset to the organization. Ms. Ong thanked Mr. Burns for the honor and recognition for her work. It's been an extremely difficult budget year but thanks to her colleagues, they were able to accomplish a meaningful and balanced budget on time. Chairman Vaughns congratulated Ms. Ong on behalf of the Board. Recently, the Board received a memo advising of an upcoming calendar item regarding the procurement of hybrid buses. The California Air Resources Board approved diesel electric hybrid bus technology as an acceptable clean air transit bus alternative. The timeline for transit agencies to meet new state clean air standards requires taking delivery no later then Dec 31, 2006. In order to meet the deadline, MUNI has adopted an aggressive schedule for purchasing 56 hybrid forty-foot buses. This effort requires compressing a three-year procurement process into approximately 18 months. In anticipation of the CARB ruling, MUNI prepared a request for proposal (RFP) to purchase hybrid buses and is in the final stages of review. Muni plans to advertise the RFP in August, prior to presenting the completed RFP to the Board. The Segment J Platform Finishes & Special Systems construction work currently contracted to Amelco Electric, SF is being taken over by its surety Travelers Insurance Company. Amelco encountered a cash flow problem last year and was financially supported by its surety Travelers Insurance for an extended time period. Travelers has decided to reduce its financial exposure and is "taking over" this contract. Travelers has invited companies to submit bids on the project but will execute existing contracts with the current subcontractors. As provided for in the contract, Travelers will submit the process to the MTA for approval but not their contract with a new prime. Travelers is expected to use a legitimate contractor, as they are required to meet all the requirements and obligations in the Amelco contract with us. The Board will be kept updated. The Japantown Task Force hosted a ceremony to unveil bilingual street name signs for Japantown on Thursday, August 5. Mayor Newsom and the Consul General of Japan, Makoto Yamanaka, were in attendance. There are a total of 132 signs that were paid for through private sources. DPT assisted with the design, procurement, and installation of the signs. On Thursday, July 22nd , over 300 Friends of H. Welton Flynn joined together at an event to honor him for more than 30 years of public service. Former San Francisco Mayor Willie L. Brown, Jr. was the Master of Ceremonies. Also in attendance were Mayor Gavin Newsom, Supervisor Maxwell, Board Chair Vaughns, Directors Din and McCray, Controller Harrington and former city assessor Doris Ward. Mr. Flynn was presented with a street sign in his name. It was a wonderful evening and a well-deserved tribute to a man of honor and great integrity. Mr. Flynn has also been selected as the first recipient of the Metropolitan Transportation Commission's "Miriam Golikely" award. Mr. Burns recognized Larry Martin, Executive Vice President of TWU, as a long time union leader and Muni employee. Mr. Martin has been a national figure in the transit and labor movements and is now retiring. He has been a valuable partner in working to improve Muni and together they've had many successes. Exec. Director Burns recognized him for his support of Muni and the transit operators and thanked him for his efforts. Chairman Vaughns congratulated Mr. Martin on behalf of the Board. Exec. Director Burns noted that the DPT employee survey will be presented to the Board on September 7. David Binder presented the FY04 Employee and Customer surveys. This is his fourth year of conducting surveys. While there are some differences from year to year, in general, there has been a stabilization of opinion in both riders and employees. This year's results are similar to last year with only minor declines that are within the margin of error in some areas. Director Kasolas asked how we compared to other agencies. Mr. Binder noted that there is no standardized methodology used within the industry. Other properties use different questions and scales. In general, the numbers and rider and employee satisfaction are on the upper end of the numbers he sees statewide. The MTA's numbers are big because things are in flux due to budget constraints. Director Black stated her surprise that employee satisfaction wasn't much lower after the budget cuts. Mr. Binder agrees because you would expect to see a drop following budget cuts, benefit changes and layoffs. Keeping the same ratings as last year is positive, especially given the climate in which the questions were asked. Chairman Vaughns stated that the surveys are of significant value to the Board. She hopes that staff will develop goals and objectives associated with these results for the coming year. Further, there are certain areas necessitating improvements. Director Black called the surveys important as it lets the Board know how employees and the public feel. Exec. Director Burns thanked Mr. Binder for his terrific work. Due to the recent voter initiative, jurisdiction over these surveys has been transferred to the Controller's office. 8. Citizen's Advisory Council Report Daniel Murphy, Chairman, CAC, has been elected to his third term as Chairman. He introduced Steve Ferrario as the new Vice Chairman. The CAC recommends that a reminder be sent to operators about departure times as recommended in the Nelson/Nygaard study. It's important to make it clear that intermediate time frames aren't "arrive by" time frames but are "depart no earlier than" times. He reiterated that the CAC is supportive of the Inner Geary plan put forward by staff, including the removal of stops. This is an important plan for the MTA. (Exec. Director Burns stated that a reminder to operators can be issued.) 9. Public Comment Richard Allman noted that there was an error in the minutes of July 6 as what was reported was opposite of what he said. He is from the Tenderloin, which is a neighborhood that is most transit dependent. It should be a premier "Transit-First" neighborhood. The removal of these stops isn't an issue for people on Geary or O'Farrell but is for people accessing the stops from the north or south, up or down the hill. It's significant for seniors, people with disabilities or people carrying groceries or children. There seems to be a different plan presented depending on who the audience is. He hopes Muni will focus on the issues, will identify mitigation measures and will talk directly to the people who are affected. He would also appreciate it if there were any reports about why this is needed. At the request of Chairman Vaughns, the Board Secretary reviewed the Sunshine Ordinance requirements relating to the posting of draft and approved minutes. The minutes are in full compliance with the Sunshine Ordinance. John Nulty presented a petition signed by residents and business owners in the Tenderloin. The plan is appalling and isn't a positive step for the future. Muni shouldn't conduct this pilot program in the densest part of the city. Muni shouldn't use the neighborhood as a pilot program. Michael Nulty, Alliance for a Better District 6, is opposed to the removal of bus stops on Geary and O'Farrell. Neighborhood merchants are opposed to the removal because it will impact their economic future. In addition, seniors and the disabled don't want bus shelters removed, as they want a place to sit down. He is concerned about traffic being diverted to other streets and the impact on those streets. He is concerned about preserving transit connections. He questioned the savings of one additional minute of transit time when people could still use the 38-Limited as an option. There needs to be consensus building in the community. William Sisk, Local 250A, doesn't want bicycles interfering where buses are as they pose a danger to riders. He added that the Employee Survey was done prior to the budget cuts. Barry Taranto agreed with Mr. Sisk about the need to allow major bus lines to proceed unimpeded. If you keep cars off community-serving streets, they will spill over to other streets so anything that impedes traffic flow, such as double parked cars, should be ticketed. Muni inspectors are ticketing cab drivers that are loading and unloading in bus zones. They should get a warning instead as a ticket is expensive. At least, the inspector should honk and let the cab driver move first. He wondered if the Friday and Saturday Broadway Tunnel closure is affecting service because it's a headache for cab drivers. Happy Labor Day. Leah Shahum, SF Bicycle Coalition, noted that the SF Bicycle Coalition is a project partner with DPT and the Transportation Authority on the citywide bike plan update. This is a major planning process that started two years ago to update the city's plans, priorities and projects. About 30,000 people ride their bike everyday with the intent of increasing ridership to 10% of the population by 2010. People will only ride if they feel safe. There are 230 bikes per hour on Valencia during commute hours after a bike lane was added. A similar increase was seen on Polk and Arguello Streets. She is concerned about a significant schedule problem and about the plan being derailed because of a lack of leadership. Prop E requires prioritization of the Transit-First policy, which include bikes. We are in serious jeopardy of missing funds from all levels because we don't have projects ready and are severely behind schedule. Some of these projects won't be looked at until 2006 or implemented until 2009. Glenda Lavigne, TWU-Local 200, is a bit concerned about the survey results. There are 4400 employees and 472 responded to the survey. We have been saying for the past year that things are going down. If there is a margin of error, then there was error last time. If it decreased from last year and there was room for error last year, then it's going down. At Muni, we know there are layoffs and this is bad, considering those layoffs. The people who filled out the survey are afraid to lose their job. I ride the bus every day and every bus is overly crowded and that doesn't make me happy as a rider. You shouldn't be content to say the survey looks good as you should look at what we're doing with employees, riders, Prop E and citizens. The Board needs to make sure that we're doing what we need to do. Chairman Vaughns closed public comment. She requested clarification regarding employee survey participation and response. Exec. Director Burns stated that the survey is voluntary and anonymous. 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 401 VAN NESS AVE. #334. 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. Katherine Kalafate/Jonathan Andres, Superior Ct. #422886 filed on 10/14/03 for $3,000 B. Kaz Sobczak, Unlitigated Claim #0403580 filed on 5/19/04 for $5,792.29 C. John Garvey, Superior Ct. #403845 filed on 1/25/02 for $5,500 D. Gibson Group Trust, Anticipated Litigation, City as defendant for up to $5,900 E. Semcheddine Belkadi, Unlitigated Claim #0402090 filed on 3/23/03 for $8,500 F. Felecia Faulkner, Unlitigated Claim #0400383 filed on 8/8/03 for $10,000 G. Paul Chasan, Superior Ct. #416909 filed on 1/23/03 for $19,000 H. W.H. McAlpine vs. Tank Protect, Superior Ct. #409278 filed on 6/18/02 for $22,750 I. Vargas & Esquivel vs. Tank Protect, Superior Ct. #411534 filed on 8/15/02 for $22,750 J. Yuet So Yu, Unlitigated Claim FY0360532, filed on 7/31/03 for $50,000 K. Deliah Mims, Superior Ct. #426204 filed on 11/7/03 for $65,000 Item G, Paul Chasan was removed from the agenda at the request of the Executive Director. RESOLUTION 04-118 (10.2) Approving the following traffic modifications: A. ESTABLISH - RESIDENTIAL PERMIT PARKING AREA "I" (2-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY) Capp St., both sides, between Mission and 26th Streets. (1100 block). B. ESTABLISH - RESIDENTIAL PERMIT PARKING AREA "Z" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) 23rd St., both sides, between Dolores and Chattanooga Streets. (3700 block) , Sanchez St., both sides, between Duncan and 28th Streets. (1400 block) C. ESTABLISH - NO PARKING ANYTIME EXCEPT BICYCLES Grove St., north side, from 147 feet to 194 feet west of the Hyde St. crosswalk. D. RESCIND - GREEN (SHORT-TERM LOADING) ZONE, 9 AM - 6 PM, MONDAY THROUGH SATURDAY, ESTABLISH - GREEN (SHORT-TERM LOADING) ZONE, 8 AM - 6 PM, MONDAY THROUGH SATURDAY 18th St., north side, from Diamond St. to 48 feet westerly E. RESCIND - NO PARKING ANYTIME, ESTABLISH - TOW-AWAY, NO PARKING ANYTIME Mullen Drive, south side, from Peralta Ave. to Franconia St. (Explanatory documents include a staff report and resolution.) (DPT) RESOLUTION 04-119 (10.3) Recommending that the Board of Supervisors approve the Controller's determination that parking meter management, including coin collection and counting, can be practically performed under contract with Serco Management Systems at a lesser cost than similar work performed by employees of the City and County. (Explanatory documents include a staff report, Controller's certification and resolution.) (DPT) RESOLUTION 04-120 (10.4) Authorizing the Director to execute Modification No. 4 to Contract No. CS-113, Professional Design and Support Services for MUNI Bus Procurement, with Cornerstone Concilium, Inc./Parsons Brinckerhoff Quade and Douglas, Inc. to extend the term of the contract by one year to September 9, 2005, without an increase in the contract amount. (Explanatory documents include a staff report, modification and resolution.) (MUNI) (This item was continued to the September 7, 2004 meeting.) (10.5) Approving plans and specifications and authorizing the Director to advertise bid call for Contract No. MR-1210, MUNI Metro System Subway Overhead Reconstruction. (Explanatory documents include a staff report, financial plan and resolution.) (MUNI) (This item was continued to the September 7, 2004 meeting.) (10.6) Authorizing the Director to execute the contract with ThyssenKrupp Elevator Company for an elevator maintenance agreement for full service elevator maintenance and repair at Church & Castro Street Stations in the Muni Metro System in an amount not to exceed $40,000 for the first year or $120,000 for three years with an option to extend for two additional years. (Explanatory documents include a staff report, financial plan, contract and resolution.) (MUNI) (This item was continued to the September 7, 2004 meeting.) (10.7) Accepting Contract No. MR-1125, N, L and J Lines Rail Replacement Project, approving Modification No. 9 for a reduction to the approved contract amount by $241,523.81, approving the final contract amount of $8,163,006.44, and approving the closeout of the contract with Mitchell Engineering. (Explanatory documents include a staff report, financial plan, contract modification and resolution.) (MUNI) (This item was continued to the September 7, 2004 meeting.) No public comment. On motion to approve the Consent Calendar (Items 10.1(G), 10.4, 10.5, 10.6 and 10.7 severed): ADOPTED: AYES - Black, Din, Kasolas, McCray, and Vaughns ABSENT - Mezey REGULAR CALENDAR MUNICIPAL RAILWAY 11. Confirming that the capital funding plan and the operating financial plan in the "Third Street LRT Project - Phase 2 - New Central Subway - Resolution 3434 Update" represents Muni's most current knowledge about the costs of the Project and the funds committed to fully fund the capital and operating costs of the Project. (Explanatory documents include a staff report, resolution and report.) No public comment. RESOLUTION 04-121 On motion to approve: ADOPTED: AYES - Black, Din, Kasolas, McCray, and Vaughns ABSENT - Mezey 12. Approving the Memorandum of Understanding with the Transport Workers Union Local 250-A to be effective and retroactive to July 1, 2004 through June 30, 2008. (Explanatory documents include a staff report, resolution and MOU.) No public comment. RESOLUTION 04-122 On motion to approve: ADOPTED: AYES - Black, Din, Kasolas, McCray, and Vaughns ABSENT - Mezey 13. Fixing the wage schedule for Transit Operators, Classification 9163 as $25.4450 per hour for Operators and $16.0216 per hour for Operator Trainees effective July 1, 2004 and $25.8250 per hour for Operators and $16.2697 for Operator Trainees effective April 23, 2005. (Explanatory documents include a staff report, resolution and wage certification.) No public comment. RESOLUTION 04-123 On motion to approve: ADOPTED: AYES - Black, Din, Kasolas, McCray, and Vaughns ABSENT - Mezey 14. Authorizing the execution of Contract No. CCO-03-883 with Brookville Equipment Company for the partial restoration of 11 Presidents Conference Committee streetcars procured from New Jersey Transit, for a price not to exceed $3,709,168 , and for a term not to exceed five years. (Explanatory documents include a staff report, resolution, financial plan and contract.) No public comment. RESOLUTION 04-124 On motion to approve: ADOPTED: AYES - Black, Din, Kasolas, McCray, and Vaughns ABSENT - Mezey 15. Authorizing the execution of Contract No. MR-1195, Paratransit Debit Card System, with GPS Data Solutions to provide an integrated Paratransit Debit Card System for an amount not to exceed $3,299,200 and term not to exceed six years. (Explanatory documents include a staff report, resolution, financial plan and contract.) (This item was continued to the September 7, 2004 meeting.) PUBLIC COMMENT: Barry Taranto asked the Board to carefully read the staff report and contract. This is a relatively new company that is connected to a cab company and there needs to be appropriate controls and oversight of this organization. Staff should ask for feedback from the taxi industry. We need to stop fraud but we need to know how and who executes this contract. This program should get rolling. ADJOURN - The meeting was adjourned at 11:58 a.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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