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4:00 ‑ REGULAR MEETING ORDER OF BUSINESS 1. Call to Order Chairman Vaughns called the meeting to order at 4:02 p.m. 2. Roll Call Present: Shirley Breyer Black Absent: Michael Kasolas and James McCray, Jr. Chairman Vaughns acknowledged the presence of Director Peter Mezey and thanked him for joining the Board. She is looking forward to his wisdom and input. Director Mezey stated that it is a great honor and privilege to have been appointed and he is looking forward to working with the MTA. 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 May 18, 2004 Regular Meeting: unanimously Approved (Kasolas, McCray-absent). 5. Communications The Board Secretary announced that Items 10.7, approving the retention a DBE Technical Assistance Firm, and 10.8, approving a lease agreement with the Union Pacific Railroad and the Burlington Northern Santa Fe Railroad had been removed from the Consent Calendar at the request of staff. 6. Introduction of New or Unfinished Business by Board Members None. 7. Director's Report -Special Recognition Award Executive Director Burns is pleased to present this month's Special Recognition Award to Mark Lovett. Mark began working at Muni in 1997 as an Information Clerk in the Telephone Information Center and in 2002, he became a Senior Information Clerk. He is being recognized for his work ethic, his excellent customer service skills and for being helpful with the department and his coworkers. In addition, Mark has been vital to MUNI's charity outreach working as a Captain for the AIDS Walk and participating in the American Heart Association walk-a-thon. Chairman Vaughns congratulated Mr. Lovett on behalf of the board. Exec. Director Burns introduced Jack Fleck, newly designated by Bond Yee as Acting Deputy Director and City Traffic Engineer at DPT. He has worked at DPT since 1985 and has been involved in such projects as planning the Embarcadero roadway and the Third Street project. In the Mayor's budget that was submitted to the Board of Supervisors, the Mayor has proposed integrating the powers and duties of the Taxi Commission into the MTA. A full briefing will be provided at the next meeting. At last meeting, union representatives from SEIU Local 24/7 notified the MTA of their concerns regarding the hiring of Guardsmark for security services by SF AutoReturn, the City's current contractor for towing, storage and disposal services, including working conditions at Pier 70. DPT has obtained a written summary of these allegations and is conducting a full investigation. John Wicker of AutoReturn has also begun investigating these allegations and has sent a letter to the MTA Board. DPT staff continues to monitor these working conditions and will return to the board with a report on the outcome of their investigation. On March 27, DPT, Supervisor Maxwell, the Police Department and the Senior Action Network activated a radar speed sign on Brookdale Ave. in Visitacion Valley to measure speeds of passing vehicles. Another radar speed sign is also being tested. These signs have been shown to effectively reduce speeding. Once the pilot projects are complete, staff will report to the Board on their effectiveness. 8. Citizen's Advisory Council Report There was no report. 9. Public Comment David Tornheim stated that the CAC is not doing a good job in reporting the feelings of the public. Letters brought to the CAC about data collection and service adjustments weren't given to the MTA Board. CAC meetings are not worth the time if they aren't listening to what the public has to say. There is legislation coming from the Board of Supervisors to restructure the power of Muni. He isn't sure of the motivation for the legislation but knows that people are concerned about losing service. Barry Taranto welcomed Peter Mezey to the MTA Board. He was a great member of the Parking and Traffic Commission and a really good advocate for taxi drivers, pedestrians and bicyclists. He congratulated Jack Fleck adding that he always listens. On the matter of the Taxi Commission merger, the Board should hold hearings sooner rather than later on how to deal with it. DPT issues don't get as high a priority at the MTA as they did when it had its own commission. PCO's only respond when someone complains about blocked cabstands. They should automatically ticket violators without having to receive a complaint. Make sure tenants are informed of the proposed Geary and O'Farrell traffic changes. Bruce Oka welcomed Director Mezey. He talked about an apparent "done deal" BART-Muni agreement that does not allow people who have discount stickers to ride BART within San Francisco city limits. This is a long-standing issue between the disabled community and BART. At their last meeting with BART, they got an agreement that the disabled community would be included in future negotiations of any agreement but has yet to receive that in writing. Edward Evans, Vice Chair, MAAC, and Mayor's Disability Council thinks it's outrageous that Muni has allowed BART to disallow seniors and disabled people to ride. People would like to use BART to shop. He encourages Muni to look at the issues facing seniors and the disabled community. He has also noticed a large problem with operators using cell phones while on route. Operators are becoming less people-friendly. Director McCray arrived. 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:
RESOLUTION 04-075 (10.2) Authorizing the Director to apply for, accept, and expend $3,753,574 of Bridge Toll Net Revenues for M uni 's capital projects related to Cable Car Vehicle Renovation, Motor Coach Replacement and Rehabilitation, Paratransit Minivans, Rail Replacement, Historic Rail Car Enclosure and Bus Catalyst Devices. (Explanatory documents include a staff report, and resolution.) (MUNI) RESOLUTION 04-076 (10.3) Authorizing the Director to apply for, accept and expend $100,359 from the California Department of Transportation's Environmental Justice Transportation Planning Program, with a required local match of $11,151 from Proposition K sales tax funding, to produce a comprehensive community-based pedestrian and traffic safety plan for Valencia Street. (Explanatory documents include a staff report, and resolution.) (DPT) RESOLUTION 04-077 (10.4) A pproving the plans and specifications and authorizing the Director to advertise bid call for Contract No. MR- 1212, Bay and Taylor Streets Cable Car Turntable Improvement. (Explanatory documents include a staff report, resolution and financial plan.) (MUNI) This item was severed from the Consent Calendar at the request of a member of the public. PUBLIC COMMENT: David Pilpel spoke in favor of extending this Cable Car line another two blocks to Fisherman's Wharf. To the extent that this project supports the northerly extension, he supports it. RESOLUTION 04-078 On motion to approve Item 10.4: ADOPTED: AYES - Black, Din, McCray, Mezey and Vaughns ABSENT - Kasolas (10.5) Recommending that the Board of Supervisors approve a five-year renewal of the Lease for the property currently serving as the Department of Parking and Traffic's Paint Shop, located at 80 Charter Oak Avenue, to commence August 1, 2004 with GENSLER FAMILY LPI as lessor, in the amount of $8,800 per month. (Explanatory documents include a staff report, resolution, and lease.) (DPT) RESOLUTION 04-079 (10.6) Authorizing the award of DPW Contract No. 6179A: DPT Signal Shop Remodel Contract, to Biller McCoy Builders, as the lowest responsive and responsible bidder, for a total contract amount of $300,020. (Explanatory documents include a staff report, resolution and financial plan.) (DPT) RESOLUTION 04-080 (10.7) Approving McCarthy Building Companies' proposal to retain Butler Enterprises Group,, in association with Rail Quality Services and R.W. Dotson Management Consulting, as the DBE Technical Assistance Firm for Contract No. MR-1182R, Muni Metro East Light Rail Vehicle Maintenance and Operations Facility Project, at no additional cost to Muni. (Explanatory documents include a staff report and resolution.) (MUNI) This item was removed from the agenda at the request of staff. (10.8) Approving the lease agreement with the Union Pacific Railroad and the Burlington Northern Santa Fe Railroad for approximately 310 feet of track at Third Street and Cargo Way for a term of 25 years, for $10 per year, and a one-time administrative fee of $500, for a total cost of $750, and requiring the City to maintain and repair the track and construct and maintain a railroad crossing signal system. (Explanatory documents include a staff report, and resolution.) (MUNI) This item was removed from the agenda at the request of staff. No public comment. On motion to approve the Consent Calendar (Item 10.4, 10.7 and 10.8 severed): ADOPTED: AYES - Black, Din, McCray, Mezey and Vaughns ABSENT - Kasolas REGULAR CALENDAR MUNICIPAL RAILWAY 11. Approving the Municipal Railway Department's Revised FY2005 Operating Budget in the amount of $ 486,033,332 ; approving the Department of Parking and Traffic's Revised FY2005 Operating and Capital Budget in the amount of $ 75,859,976 ; certifying that the FY2005 budgets are adequate to make substantial progress towards meeting the goals, objectives, and performance standards; approving labor savings and reductions in the workforce; approving a new Muni paratransit passenger fare schedule to take effect on September 1, 2004; finding that the changes to paratransit fares are exempt from CEQA review; approving the fare change request to waive fares on New Year's Eve 2004, authorizing the continuance of the Class Pass program; and authorizing the implementation of short-term experimental fares; authorizing the Director to execute an agreement with BART for use of the Fast Pass on BART in San Francisco; authorizing the Director to execute an agreement with BART for Muni to accept payment from BART for providing connecting bus service to BART stations. (Explanatory documents include a staff report and resolution.) Executive Director Burns introduced the item by saying that when the MTA first approved the budget, it was based on January revenue and expense numbers and at the time, the Board had requested that he come back to them when there were revisions to the budget.Muni's overall budget has resulted in a $2 million increase in revenue since that time. This approval request includes authorization for a few small capital expenditures that have their own funding sources and are not part of the operating budget. Consistent with the City, the MTA has started to notify employees who have been affected by a reduction in force. In January, the number of layoffs had been reported as 125 but given the changes to the budget, only 101 people are actually impacted. The City is eliminating 750 positions, but this only affects 550 people since 200 of the positions are vacant. It is expected that the effective date of the layoffs will be September 1. The Board had previously approved five million dollars in service adjustments. Those adjustments are the normal course of business for the MTA and staff is proceeding with the implementation of those adjustments. Since the fiscal emergency question regarding CEQA review for specific changes to the 3-Jackson, 4-Sutter and 7-Haight line didn't pass, staff has not yet made any decision about those lines. Those routes will remain in effect until a determination has been made. Chairman Vaughns requested Board members to be cognizant and listen closely to the budget presentation to determine if it will substantially aid the MTA in reaching its goals. Alicia Fletcher, Budget Director, reviewed Muni's budget. Director Black asked if any of the layoffs were unfilled positions and if it was possible to get the names of the people who are being laid off. Exec. Director Burns will provide the list but asked that they be allowed to notify all the individuals first. Julia Dawson, DD, Finance, presented the DPT budget. PUBLIC COMMENT: Ellen Murray, a Muni Operator, stated that the deficit was due to the loss of revenue due to corporate tax evasion and war. She is opposed to the budget. It includes $5 million in savings due to service adjustments. A 1991 study of Muni operators revealed significant hypertension. This budget will be a significant source of stress and will result in a higher death and injury rate in operators. Don't expect to implement this budget in September without a fight. David Tornheim is disappointed to see this budget back when it still includes service cuts. Notification to the public, done last Thursday, isn't enough. The document says the Board already approved service cuts. This is not true. At the Feb 27 hearing, the vote was taken on a preliminary budget without adequate public hearing. Now that we have ten million dollars more, why don't we take the service adjustments back? Why are we giving $2.7 million to DPT? We don't want technology, we need service. The data is wrong. Mike Lonergan, TWU Executive Board, suggested that the Board look closely at the budget as staff has said that things bring their own funding. Everyone knows that the city and state is in a true fiscal emergency. The MTA is using the lack of state funding as a device to lay off employees and adjust service. The operating budget is not a source of capital project funding. Local 200 members support the Third St. Project but it hasn't met the needs of the community. It's wrong to cut service and employees to compensate for a shortfall in the Third St. Project. The TransitSafe project is a failure. Herb Panaszewicz is opposed to the elimination of the 26 line. Merchants need this line and cutting it will be a major problem. He would like to see the line continued. Glenda Lavigne. Local 200 is concerned about her people receiving layoff letters today. Muni management told them they were going to fill unfilled positions in exchange for the 7.5% giveback. No 9139 position have been hired and there has been no exam given. Don't rubberstamp these layoffs. Labor makes government grow. Sarita Britt, Local 200, called management's plan "penny wise and pound foolish". Can you trust managements' analysis? Shall we spend operating money on capital projects? Why transfer money from Muni's operating budget to DPT? Herbert Weiner feels that Muni management is hell bent on wrecking service. The service cuts will wreak havoc and will result in filled buses and a glut of passengers on other buses that will make the drivers nuts. The thing that fuels Muni is contempt and there is an unenduring supply of that. Stephen Gildersleeve understood that a motion to declare a fiscal emergency had been withdrawn. Now staff is saying that service adjustments were approved in February. Why the switch? Seventy-two hour notice to the public is insufficient. He has slight appreciation for the restoration of the 7-Haight but Muni has been relying on poor data. The use of articulated buses in the Haight on weekends will be a mess. David Pilpel appreciates that staff caught and corrected the technical changes. He made two Sunshine requests of which only one was responded to. The information provided was helpful in understanding the budget and should be provided to the public. How can the Agency certify that it's making adequate progress on fulfilling the goals if it hasn't yet adopted the FY05 service standards? He doesn't understand how the resolution can continue to refer to the 3, 4 and 7 lines if the environmental issues haven't been resolved. Language from the February 27th resolution regarding changes greater than 1% should be in this resolution. Some of the position cuts seem to make sense but it's difficult to tell without more information. There needs to be a senior operations person who is responsible for the platform budget. This item should be continued until all questions are answered. Norman Rolfe is fascinated to see the category for the Mission-Steuart hotel. Muni has had to add buses on two lines due to the increased operating costs. For future projects, Muni needs to include fully allocated costs or they'll lose money. Check the Kirkland project very carefully as it has a chance to make money. Rafael Cabrera stated that the declaration of the fiscal emergency did not pass but now staff is bringing back service cuts. He thought the item was off the table. The Transit First policy requires outreach to bring everybody on board. Art Gonzalez, Business Representative for the Machinists Union is very surprised at some of the layoffs. Some of the layoffs are guys who rebuild transmissions and engines and they have worked hard to save money. These machinists can't be replaced; there is no existing infrastructure for outsourcing this work and no training facility for apprenticeships. Losing these long time employees will mean their skills will be gone. Executive Director Burns clarified that the service cuts that require the approval of the Board, namely the 3, 4, 7 and 26 lines, aren't included as part of this action. When the fiscal emergency recommendation didn't pass, staff began to evaluate strategies to find savings either by going through an environmental review process or by some other means. Chairman Vaughns stated that this is a difficult time and that Muni didn't get the City in this position of financial difficulty but it must support the City in resolving it. The budget process is a give and take process and it's going to hurt somewhere. She heard comments about moving numbers but that's accounting done to accommodate the MTA's focus and purpose. It's not a rubber stamp, it's a creative way to find out where you can save money and eliminate duplication. She thanked staff for their in depth analysis. On motion to approve: ADOPTED: AYES - Din, Mezey and Vaughns NAYES - Black, McCray, ABSENT - Kasolas The motion failed. Chairman Vaughns requested that the Board Secretary direct her to language about when a majority vote failed. The Board Secretary referred to Article 5, Section 1 of the Board's Rules of Order which states that an affirmative vote of at least four members are required for passage of any resolution. Director Mezey asked for the legal and fiscal effect of not adopting this budget. Deputy City Attorney Friedlander replied that the budget had been previously adopted and transmitted to Mayor's office. Many of these adjustments didn't legally require approval of the MTA Board and had been previously delegated to the Executive Director for approval. The Executive Director can transmit items without any action by the Board. Executive Director Burns added that the legal interpretation may be that he had the authority to proceed but he's not sure that he's comfortable with proceeding. 12. Adopting the 2004 Revised Budget and Funding Plan in the amount of $583.35 million for Phase I (Initial Operating Segment) of the Third Street Light Rail Transit Project. (Explanatory documents include a staff report, and resolution.) Vince Harris, Deputy General Manager of Construction provided an update on the status of the Third Street Project and budget. PUBLIC COMMENT: RESOLUTION 04-081 On motion to approve: ADOPTED: AYES - Black, Din, McCray, Mezey and Vaughns ABSENT - Kasolas 13. Authorizing the award of Contract No. MR-1203 , Bayview Connections , to Mitchell Engineering, as the lowest responsive and responsible bidder, for a total contract amount of $1,188,213. (Explanatory documents include a staff report, resolution and financial plan.) No public comment. RESOLUTION 04-082 On motion to approve: ADOPTED: AYES - Black, Din, McCray, Mezey and Vaughns ABSENT - Kasolas 14. A pprov ing the assignment of Contract No. CS-116 , Design and Construction Support Services for Muni Metro East Light Rail Vehicle Maintenance and Operations Facility , from the Association of AGS and Gannett Fleming to Gannett Fleming ; and authoriz ing the Director to execute the Eighth Amendment to provide support services during the bidding and award phase of major subcontracts, in an amount not to exceed $257,246, for a total contract amount not to exceed $8,949,361 ; to extend the contract one year, for a total contract term of seven years; and to add AGS, Inc. as a subconsultant. (Explanatory documents include a staff report, amendment, resolution and financial plan.) No public comment. RESOLUTION 04-083 On motion to approve: ADOPTED: AYES - Black, Din, McCray, Mezey and Vaughns ABSENT - Kasolas RECESS REGULAR MEETING AND CONVENE CLOSED SESSION CLOSED SESSION 1. Call to Order Chairman Vaughns called the closed session to order at 6:18 p.m. 2. Roll Call Present: Shirley Breyer Black Absent: Michael Kasolas Also present: Michael T. Burns, Director of Transportation Deputy City Attorney Friedlander stated that item 5 and item 6 had been calendared separately because Director Black had a conflict of interest with respect to the local 790 negotiations. It is her understanding that conditions have changed due to the ratification of the contract by SEIU Local 790 so that Director Black may remain in the closed session for item 6. 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 (Kasolas-absent). 4. Pursuant to Government Code Section 54957.6(a) and Administrative Code Section 67.8, the Municipal Transportation Agency Board shall meet in closed session for: CONFERENCE WITH LABOR NEGOTIATOR CCSF Representative: Larry Williams and/or his designees Employee Organizations: TWU, Local 250-A To discuss: _ X __ Wages _ X __ Hours _ X __ Benefits _ X __ Working Conditions _ X __ Other 5. Pursuant to Government Code Section 54957.6(a) and Administrative Code Section 67.8, the Municipal Transportation Agency Board shall meet in closed session for: CONFERENCE WITH LABOR NEGOTIATOR CCSF Representative: Larry Williams and/or his designees Employee Organizations: TWU, Local 250-A, SEIU Locals 535 & 790, Electrical Workers, Local 6, TWU 200, IFPTE, Local 21, Laborers, Local 261, Municipal Executives, Stationary Engineers, Local 39, Teamsters, Local 853, Carpenters, Local 22, Painters, Local 4, Operating Engineers, Local 3, Sheet metal, Local 104, Glaziers, Local 718, Plumbers, Local 38 and Unrepresented employees. To discuss: _ X __ Wages _ X __ Hours _ X __ Benefits _ X __ Working Conditions _ X __ Other ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 6:41 p.m. 15. Announcement of Closed Session. Chairman Vaughns announced the Board met in closed session for a conference with the labor negotiator. There was no action taken. 16. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved (Kasolas-absent). ADJOURN - The meeting was adjourned at 6:43 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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