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4:00 - REGULAR MEETING REGULAR MEETING 1. Call to Order Chairman Vaughns called the meeting to order at 4:18 p.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. PUBLIC COMMENT: David Pilpel thought that the lease and acquisition of the Burke Ave. property made sense because it will save money in the long term. He stated that he was ultimately in favor of the 1 South Van Ness lease and eventual purchase but, to the extent that MTA-owned space was not currently being fully utilized, he was not in support of relocating employees from those locations. He expressed a desire to see the operating budget related to the lease. CONVENE CLOSED SESSION - Chairman Vaughns called the closed session to order at 4:23 p.m. 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 case: CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation: ___ X ___ As defendant __ X ___ As plaintiff 5. Pursuant to Government Code Section 54956.8 (b) and Administrative Code Section 67.8, the MTA Board of Directors will meet in closed session for: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Properties:
Persons Negotiating: Michael T. Burns and Gigi Harrington Under Negotiation: Price___ Terms of payment____ Both X__ Also present:
ADJOURN CLOSED SESSION - The closed session was adjourned at 5:06 p.m. RECONVENE REGULAR MEETING ORDER OF BUSINESS 1. Call to Order Chairman Vaughns called the meeting to order at 5:09 p.m. 2. Roll Call Present:
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 November 2, 2004 Regular Meeting: unanimously approved. 5. Communications (5.1) Announcement of Closed Session. Chairman Vaughns announced that the Board met in closed session to discuss anticipated litigation with the City Attorney and to discuss real estate with their Real Estate negotiator. The Board took no action in closed session. (5.2) Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved. The Board Secretary announced that Item 11, Metro East, was continued at the request of Chairman Vaughns and staff. 6. Introduction of New or Unfinished Business by Board Members None. 7. Executive Director's Report
Executive Director Burns announced that the failure of the revenue measures to pass on the recent ballot meant a loss of $10 million to the MTA over the next 18 months. Staff was currently projecting a $12-15 million budget shortfall for FY05. At the next Board meeting, staff will present some issues for policy discussion, including the possibility of increases to fares, fees and fines, service cuts, and new revenue sources. He reported that the MTA was not considering additional layoffs at the current time, however, that doesn't mean that additional layoffs can be avoided. He expects to bring the fiscal emergency declaration to the Board for consideration on December 7th . This declaration would allow the MTA to proceed with certain service cuts without undergoing environmental review. Exec. Director Burns announced that Mitchell Engineering, in conjunction with the Mayor's office and Muni, would be creating a handprint display of children in the Bayview community. Over 150 four to eight year old students will create a lasting "Children's Walk of Fame" on November 17th as part of the Third Street Project. Mr. Burns reported that Gigi Harrington, Deputy General Manager of Finance, had accepted a new position with SamTrans as Chief Financial Officer. Ms. Harrington has been with Muni since 2000, and has been instrumental in many of the MTA's major initiatives including the Breda Lease-Leaseback transaction, Translink, Mission-Steuart Hotel, new information technology as well as being a crucial player in the budget process. Mr. Burns thanked Ms. Harrington for her hard work and dedication and wished her every success. Chairman Vaughns expressed appreciation for Ms. Harrington's expertise and professionalism on behalf of the Board. Through the City's Combined Charities Campaign, Muni had contributed over $34,000 to date, which is $7,000 more than the previous year. DPT had contributed $8,600. CalTrans recently announced the award of two grants for San Francisco's Safe Routes to School program. The first grant, in the amount of $256,500, was awarded to DPT for Marshall Elementary School for safety improvements and safety promotion. The second grant, in the amount of $450,000, was awarded to DPT for San Francisco Community School and Monroe Elementary School for various school safety improvements. The Annual Paratransit Coordinating Council meeting will be held on Saturday, November 20 at 711 Eddy St. Vernon Crawley, EEO Manager, presented the quarterly EEO report. Chairman Vaughns requested that the next quarterly EEO report be listed on the agenda for discussion purposes. Director McCray left the meeting. Fred Stephens, General Manager of Muni, presented the first quarter report on Service Standards. Director Mezey stated that on-time performance seemed stuck at 70% when the goal was 85%. He was struck by the variability among the lines and wondered why some lines did well. General Manager Stephens responded that the number of stops that a vehicle makes affects on-time performance. Director Mezey wondered why Muni didn't allow more time for other lines. Mr. Stephens stated that Muni was systematically examining all lines to see if adjustments could be made. Mr. Burns added that just adding time to all the runs would be inefficient. He cited the 19-Polk line as an example, which runs on-time 58% of the time and is on a street where traffic conditions frequently change. The NextBus technology will assist Muni with on-time performance. Mr. Burns also used the 39-Coit as an example. Muni could double the running time on that line but given the traffic conditions in the area, it may not improve on-time performance because the measurement is based on both arriving early and late. Director Mezey noted that this most critical measurement must be a source of frustration to everyone. Chairman Vaughns suggested that a focus group with the composition of labor and management, may be useful in identifying additional ways to achieve Muni's on-time performance goal. Bond Yee, Deputy Director, DPT, presented the DPT Quarterly Service Standards. PUBLIC COMMENT: David Pilpel stated that he had been working closely with staff on the budget. He noted that Ms. Harrington was a very dedicated public servant despite their many disagreements. He thought it was important to designate an acting deputy general manager. He agreed with Director Mezey's comments regarding the need for new schedules. There hasn't been a sign-up in several months and service needs to be reallocated. He questioned why operator availability was less than 100%. He suggested that revenues and expenditures be reported in the future. Barry Taranto suggested that staff needs to look at cost for operating certain routes. Traffic conditions must be considered when looking at on-time performance. Traffic is bad on Polk Street because a traffic lane was removed. Staff needs to re-look at the traffic flow on Polk Street. He suggested that the DPT report include the number of citations issued per violation. 8. Citizen's Advisory Council Report No report was made. 9. Public Comment Barry Taranto stated that the way traffic is being handled in the south of Market area is terrible. He suggested that staff take another look at how street closures occur and the allocation of personnel to deal with traffic mitigation as a result of those lane closures. He thinks that DPT should force Caltrans to do better public outreach. He noted that limousines continue to park in white zones without being ticketed while cab drivers are being ticketed at those same locations. Jeremy Nelson, Transportation of a Livable City, thanked Mr. Burns and the MTA Board for reorganizing the MTA to accomplish multi-modal planning efforts. He commented that the MTA was facing almost $10 million in cuts and urged the Board to consider all other possible sources of financing. He stated that a fare increase should be considered as a last resort. David Pilpel presented his version of a suggested MTA reorganization. THE FOLLOWING MATTERS BEFORE THE MUNICIPAL TRANSPORTATION AGENCY BOARD WERE 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 04-164 Chairman Vaughns noted that the settlement date listed in the Florentino report was incorrect. Deputy City Attorney Friedlander stated that the correct date was 2004. (10.2) Approving the following traffic modifications: A. ESTABLISH - ONE-WAY STREET - Vandewater Street, westbound, between Mason and Powell Streets. B. RESCIND - RESIDENTIAL PERMIT PARKING AREA "A"(2-HOUR TIME LIMIT, 8 AM - 9 PM, MONDAY THROUGH SATURDAY) AND ESTABLISH - PARKING METER AREA NO. 4 (1-HOUR PARKING TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY) - Bay Street, south side, between Taylor and Mason Streets. C. RESCIND - RESIDENTIAL PERMIT PARKING AREA "A" (2-HOUR TIME LIMIT, 8 AM - 9 PM, MONDAY THROUGH SATURDAY) AND ESTABLISH - PARKING METERS - Mason Street, west side, from Bay Street to 65 feet southerly. D. ESTABLISH - RESIDENTIAL PERMIT PARKING AREA "H"(2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - Ocean Avenue, north side, between 21st and 22nd Avenues (2900 block) and Ocean Avenue, both sides, between 20th and 21st Avenues (2800 block) E. RESCIND - MUNI BUS ZONES - Powell Street, east side, from Beach Street 120 feet northerly (previously rescinded on a temporary basis; makes this permanent). F. ESTABLISH - MUNI BUS ZONES - Powell Street, east side, from Beach Street 200 feet southerly (makes the current condition permanently). G. ESTABLISH - TOW-AWAY, NO STOPPING ANYTIME - Gennessee Street, west side, from Monterey Boulevard to 19 feet southerly. (Explanatory documents include a staff report, and resolution.) (DPT) RESOLUTION 04-165 (10.3) Authorizing the Director to designate the following classifications as service critical: 7366 Transit Power Line Worker; 9175 Manager I; 9176 Manager II; 9177 Manager III; 9178 Manager IV; 9179 Manager V; 9180 Manager VI; 9181 Manager VII; 9182 Manager VIII; 9183 Deputy Director I; 9187 Deputy Director II; 9190 Board Secretary. (Explanatory documents include a staff report, and resolution.) (MUNI) PUBLIC COMMENT: David Pilpel wanted to know how positions were added since the MTA wasn't part of the City's civil service process. He wondered if the positions were "service-critical" and if they had met the appropriate requirements. Mr. Burns noted that these are reclassifications that were either in response to renegotiated contracts with various unions or were classes that currently existed as part of the citywide classification system. None were new positions. Director Din requested the list of employees at Muni who did not have the "service-critical" designation. He was concerned that the MTA was paying people for just doing their job. Mr. Burns concurred but added that this is in accordance with Proposition E, which envisioned paying an incentive to service-critical employees. On motion to approve: RESOLUTION 04-166 ADOPTED: AYES - Black, Kasolas, Mezey and Vaughns NAYES - Din ABSENT - McCray (10.4) Authorizing the Director to issue a Request for Proposals for San Francisco's Red Light Camera Enforcement Program. (Explanatory documents include a staff report, resolution and RFP) (DPT) Director Kasolas suggested that the RFP be amended to include the estimate for the cost of construction of the new pedestals upfront rather than waiting for Phase II. Jack Fleck, Traffic Engineer noted that they would issue an addendum that added those cost estimates. On motion to approve: RESOLUTION 04-167 ADOPTED: AYES - Black, Din, Kasolas, Mezey and Vaughns ABSENT - McCray (10.5) Authorizing the Director to advertise bid call for Contract MR-1057: Muni Metro System: Replacement of Emergency Batteries and Charger Systems At Van Ness And Embarcadero Stations. (Explanatory documents include a staff report, resolution and financial plan.) (MUNI) PUBLIC COMMENT: David Pilpel asked about the status of funding. He commented that while the staff report indicated the source of funds, it didn't indicate whether those funds had yet been applied for or received. On motion to approve: RESOLUTION 04-168 ADOPTED: AYES - Black, Din, Kasolas, Mezey and Vaughns ABSENT - McCray (10.6) Approving the designation of seven street artist-selling spaces at Harvey Milk Plaza, from November 15, 2004 through January 15, 2005. (Explanatory documents include a staff report, and resolution.) (MUNI) RESOLUTION 04-169 On motion to approve the Consent Calendar (Items 10.3, 10.4 and 10.5 severed): ADOPTED: AYES - Black, Din, Kasolas, Mezey and Vaughns ABSENT - McCray REGULAR CALENDAR MUNICIPAL RAILWAY 11. Authorizing the Director of Transportation to terminate Contract No. MR-1182R, Muni Metro East Light Rail Vehicle Maintenance and Operations Facility Project, with McCarthy Building Companies, for the City's convenience; negotiate a termination agreement with McCarthy; execute an agreement accepting the assignment of any subcontractor or subconsultant of McCarthy; reject those bids received by McCarthy on the trade subcontracts that the Director deems appropriate; and revise and issue plans and specifications to re-bid the work under the traditional project delivery method. No public comment. The item was continued at the request of Chairman Vaughns and staff. 12. Authorizing the Director of Transportation to negotiate and execute a lease with Russell J. and Debra B. Kirschenbaum, for 1570 Burke Avenue, commencing on or about January 1, 2005 and expiring December 31, 2011, at a rental rate not to exceed $56,650 per month and including three five-year options to extend the lease and an option to purchase. PUBLIC COMMENT: David Pilpel wondered if the Capital Improvement Plan needed to be amended since this agreement was not part of the Short Range Transit Plan. He stated that he had no quarrel with the lease and that staff should proceed. RESOLUTION 04-170 On motion to approve: ADOPTED: AYES - Black, Din, Kasolas, Mezey and Vaughns ABSENT - McCray 13. Authorizing the Director to submit a supplemental appropriation request for up to $4,100,000 in revenues from the Breda lease-leaseback transactions to fund a sole source purchase from AC Transit of forty-five 1993 Gillig motor coaches. (Explanatory documents include a staff report, and resolution.) Mike Chinn, Manager of Fleet Procurement presented the item. Exec. Director Burns noted that these buses would meet the clean air standard set by the Clear Air Act of 2004 for the reserve fleet. This opportunity arose because of AC Transit's recent reduction in service. PUBLIC COMMENT: David Pilpel requested a current list of Lease-Leaseback expenditures to date. He questioned if staff had investigated asking the Transportation Authority for the funds. He requested confirmation about which of Muni's vehicles would be retired as the result of this purchase. Exec. Director Burns noted that the MTA did consider approaching the Transportation Authority. The older buses will be retired to the Reserve Fleet. The AC buses will first be used in service but when the alternative fuel buses arrive, they will become part of the reserve fleet. Chairman Vaughns requested that Mr. Pilpel be provided with a current list of Lease-Leaseback expenditures. RESOLUTION 04-171 On motion to approve: ADOPTED: AYES - Black, Din, Kasolas, Mezey and Vaughns ABSENT - McCray DEPARTMENT OF PARKING AND TRAFFIC 14. Authorizing the Director to execute the First Amendment to the software license agreement for software for Type 2070 Signal Traffic Controllers between the Department of Parking and Traffic and Fourth Dimension Traffic, for a total contract amount not to exceed $ 443,411. (Explanatory documents include a staff report, resolution and agreement.) PUBLIC COMMENT: David Pilpel questioned if there might be other traffic signal locations, in addition to Cable Car locations, that may be a priority. He called the contract an excellent example of DPT and Muni working together and proof that the two departments don't need to be consolidated. RESOLUTION 04-172 On motion to approve: ADOPTED: AYES - Black, Din, Kasolas, Mezey and Vaughns ABSENT - McCray ADJOURN - The meeting was adjourned at 7:11 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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