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4:00 - REGULAR MEETING ORDER OF BUSINESS 1. Call to Order Chairman Vaughns called the meeting to order at 4:03 p.m. 2. Roll Call Present:
Absent: Shirley Breyer Black - absent with notification 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 October 19, 2004 Regular Meeting: unanimously approved (Black, McCray-absent). Director Kasolas requested a correction to the minutes of the October 19 meeting. He was listed as being absent without notification. He stated that he had notified the Chairman and others of his absence more than a month in advance. In addition, he wondered if the verbiage in the minutes regarding notification was necessary. Chairman Vaughns stated that his comments were noted. 5. Communications The Board Secretary stated that the item in closed session regarding 1750 Burke Ave. listed an incorrect lot and block number and provided the correct numbers. Item 10.1D, the Ramirez settlement was removed from the agenda at the request of staff. 6. Introduction of New or Unfinished Business by Board Members The Board Secretary announced that, pursuant to a request made by the Board, staff had provided a memo in the Board packet that reviewed on-time performance of other transit properties. 7. Executive Director's Report -Special Recognition Award -Ongoing Activities Exec. Director Burns was pleased to present the Special Recognition Award to Frank Ware, a 29-year Muni veteran who is the 2004 World Bell Ringing Champion. Mr. Ware first won the title in 1999. Mr. War has spent the last nine years at the Cable Car Division where he is an ambassador for San Francisco on a daily basis. Frank Ware demonstrated his bell ringing. Chairman Vaughns extended commendation and expressed her appreciation to Mr. Ware on behalf of the Board. Director McCray arrived. As previously reported, Travelers Insurance assumed responsibility for the Segment J, Platform Finishes contract from Amelco. Travelers Insurance received 3 bids from prospective completion contractors and awarded the contract to Shimmick Construction, who has already begun work. Travelers Insurance is responsible for all provisions within Amelco's original Segment J contract, including the contract completion date. All of the operational plans for Halloween were undertaken by City agencies, including the San Francisco Police Department, MUNI, the Department of Parking and Traffic, the San Francisco Fire Department, the Department of Public Works and the Department of Public Health. Street closures were implemented from Sunday at 6:00 pm until Monday morning at 3:00 am. Parking Control officers helped divert traffic. Muni had to re-route four lines. Reports indicate that things went well throughout the evening. An ordinance, authored by Supervisor Bevan Dufty, was approved by the full Board of Supervisors on Tuesday, October 26 requiring DPT to replace all parking and traffic signs with graffiti with signs treated with graffiti resistant material. DPT estimates that approximately 10% (18,000) of all existing signs have been vandalized with some form of graffiti and have developed a four-year plan to replace and raise these signs. The cost is estimated at $340,000 a year each year for four years. Funds are included in the Prop. K sales tax initiative. The MTA asked the Transportation Authority for a capital allocation to fund the work related to lane reduction and pedestrian improvements for the Inner Geary Traffic Modification Plan. The TA's Board requested that the MTA meet with the community to resolve the issue of the elimination of bus stops and to see if there could be a resolution. The TA will consider the matter on November 23. This delay has had no impact on the project because the Department of Public Work's paving contract has been postponed to early 2005. On Thursday, October 28, plans were announced to further the consolidation of the departments of Parking and Traffic and the Municipal Railway under the Municipal Transportation Agency. Prop. E, authored by then-Supervisor Newsom, envisioned one department. This proposed reorganization supports that vision. This plan is, at this point, conceptual and general in nature. The final organization plan will consider employee, union and other stakeholder input, including the MTA Board of Directors and the Citizen's Advisory Council. Over the next 2 months, staff will be working to define the details of the plan. As part of this reorganization, Stuart Sunshine was introduced as the Deputy Executive Director of the MTA. Mr. Sunshine has served under three mayors and has served as Executive Director of the Department of Parking and Traffic. Chairman Vaughns welcomed Mr. Sunshine to the MTA and stated that he would have the support of the Board in his efforts to meet the MTA mission, goals and objectives. Chairman Vaughns requested an update on the MTA's response to TWU's allegations of October 19, 2004. Exec. Director Burns stated that last week he had responded to their letter and had met with TWU last Friday. They continue to work through some outstanding issues with TWU. Bond Yee, Deputy Director, DPT, presented the SF Go Project, a program that provides an opportunity to replace obsolete traffic signal connections and replace them with communication-capable equipment. The project will allow DPT to monitor traffic changes and provide a real time response to changing road conditions. 8. Citizen's Advisory Council Report No report was presented. 9. Public Comment John Friedlander stated that he has found that drivers throughout the city were decent and efficient. He commended drivers for their efficiency, civility and courtesy. David Pilpel stated that he had spoken with Fred Stephens regarding wires being down in the subway on the evening of October 3. He announced that he had had productive discussions with Alicia Fletcher regarding the budget and found them to be very helpful. He anticipated that one or both tax measures on the ballot would not pass. He expects to hear plans at the next MTA meeting that would bring the MTA's budget back in line. He suggested that Muni "reseed" the carpets at their stations prior to the start of the rainy season. He will review the reorganization plan and will provide feedback. He called the hiring of Mr. Sunshine a "positive step". Richard Allman, Save the Bus Stops Coalition, stated that he looked forward to meeting with Exec. Director Burns to see if there was common ground that could be reached regarding the Inner Geary Transportation Plan. He noted that the Transportation Authority Plans & Programs Committee members had asked strong questions about alternatives to that plan and hoped that alternatives would be discussed. He suggested that staff get going on this meeting within the next seven days. Bill Sisk, President, TWU-Local 250A, stated that he had initiated the meeting that Exec. Director Burns referred to in his remarks. He added that they still have problems. He thanked Mr. Friedlander for his comments about courteous operators. He commented that hiring Mr. Sunshine was a positive step. 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 04-156 (10.2) Approving the following traffic modifications: A. ESTABLISH - NO PARKING ANYTIME - Mansell Street, median noses, east and west sides, at Girard, Brussels, Goettingen, Somerset, Hamilton and Bowdoin Streets. B. ESTABLISH - PERPENDICULAR (90-DEGREE ANGLE) PARKING - Van Dyke Ave, north side, between Keith and Jennings Streets and Divisadero Street, both sides, from 240 feet north of 14th Street to 240 feet south of Duboce Avenue. C. ESTABLISH - UNMETERED MOTORCYCLE PARKING - Page Street, north side, between the driveways of 940 and 932 - 936 Page Street. D. ESTABLISH - PARKING METER AREA NO. 3 (2-HOUR PARKING TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY) - Bryant St., both sides, between 15th and 16th Sts. E. RELOCATION - MUNI BUS ZONES -Silver Avenue, south side, from 21 feet east of Bayshore Boulevard to the intersection of Silver Avenue and Bayshore Boulevard (shifts existing 78-foot bus zone 21 feet westerly). F. EXTEND - MUNI BUS ZONES - Geary Boulevard, south side, from 85 feet west to 110 feet west of Divisadero Street (100-foot zone after 10-foot crosswalk extension). G. ESTABLISH - TOW-AWAY, NO STOPPING ANYTIME - Florida Street, west side of the easterly divided roadway, from 210 feet south of 15th Street, northerly to a point 18 feet south of the roadway terminus. H. ESTABLISH - TOW-AWAY, NO PARKING ANYTIME - 15th Street, north side, from Florida to Bryant Streets. I. ESTABLISH - PERPENDICULAR (90-DEGREE ANGLE), ESTABLISH - TOW-AWAY, NO PARKING FROM 10 PM TO 6 AM, - Florida Street terminus, north of 15th Street. J. RESCIND - TOW-AWAY, NO STOPPING, 7 AM TO 9 AM, MONDAY THROUGH FRIDAY - Lincoln Way, south side, from 20th Ave. to a point approximately 100 feet easterly. K. ESTABLISH - TOW-AWAY, NO STOPPING ANYTIME, ESTABLISH - TOW-AWAY LANE MUST TURN RIGHT, EXCEPT MUNI - Lincoln Way, south side, from 19th Avenue to a point 100 feet westerly. L. ESTABLISH - TOW-AWAY, NO STOPPING ANYTIME - Rousseau St., east side, from San Jose Ave. to 55 feet southerly and Rousseau St., west side, from San Jose Ave. to Bosworth St. M. ESTABLISH - UNMETERED MOTORCYCLE PARKING - Carl Street, north side, from 13 feet to 27 feet east of Willard Street (accommodating 4 motorcycles). N. ESTABLISH- RESIDENTIAL PERMIT PARKING AREA "I" (2-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY) - Capp Street, both sides, between 17th and 18th Streets (200 block) (excludes the thru-lot of 2155 Mission Street). O. ESTABLISH - RESIDENTIAL PERMIT PARKING AREA "Z" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - Church Street, both sides, between 25th and Jersey Streets (1200 block) and Duncan Street, both sides, between Sanchez Street and Noe Street (400 block). P. ESTABLISH - RESIDENTIAL PERMIT PARKING AREA "G" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - Baker Street, both sides, between Geary Boulevard and Post Street (1300 block). (Explanatory documents include a staff report, and resolution.) (DPT) RESOLUTION 04-157 (10.3) Authorizing the City of San Francisco Portsmouth Plaza Parking Corporation to expend funds, not to exceed $300,000, from its capital improvement fund for the central cashier station project. (Explanatory documents include a staff report, and resolution.) (DPT) RESOLUTION 04-158 No public comment. On motion to approve the Consent Calendar (Item 10.1(D) removed): ADOPTED: AYES - Din, Kasolas, McCray, Mezey and Vaughns ABSENT - Black REGULAR CALENDAR MUNICIPAL RAILWAY 11. Authorizing the Director to execute Amendment No. 2 to Contract CS-137, Brokerage Services for the Owner-Controlled Insurance Program for the Third Street Light Rail Transit Project, with Merriwether & Williams Insurance Services, for an amount not to exceed $400,919 for a total contract amount not to exceed $1,177,551, with no extension of the term of the contract. (Explanatory documents include a staff report, resolution, amendment and financial plan.) No public comment. RESOLUTION 04-159 On motion to approve: ADOPTED: AYES - Din, Kasolas, McCray, Mezey and Vaughns ABSENT - Black 12. Executing Amendment No. 4 to the Paratransit Broker Agreement with ATC to extend the Agreement for three years, through March 31, 2008, and to increase the total amount of the contract by $65,379,606, for a total contract amount not to exceed $158,021,539. (Explanatory documents include a staff report, resolution, amendment and financial plan.) Exec. Director Burns stated that the MTA wanted to extend ATC's contract because it is in the midst of implementing the debit card program. A new contractor at this time would invite a host of uncertainty. ATC has been very responsive, has a high satisfaction rates, and operates with a small profit margin. Most of the money goes to the service providers to provide paratransit services. Annette Williams, Manager, Accessible Services Program reviewed Muni's Paratransit program. PUBLIC COMMENT: David Pilpel spoke in support of the extension. He suggested that prior to the expiration of the contract that serious consideration should be given to bringing the paratransit broker services in-house. Barry Taranto stated his appreciation for the information presented by Ms. Williams. He thinks that people should take taxis and not vans. He commented that the debit card may discourage drivers from picking up disabled people because they might not get as good a tip. He noted that PCO's need to be sensitive to the fact that taxi drivers provide a valuable service. ATC has done a great job in reducing theft and fraud. RESOLUTION 04-160 On motion to approve: ADOPTED: AYES - Din, Kasolas, McCray, Mezey and Vaughns ABSENT - Black 13. Recommending the Board of Supervisors accept a settlement with Caltrans, in the amount of $800,000 plus interest not to exceed $7,000, for a portion of its property at Assessors Lot 024, Block 5474 (at Keith Street and Le Conte Avenue) and adjacent portions of Keith Street and Le Conte Avenue that the City condemned to construct the Keith Street Substation for the Third Street light rail line, as well as Caltrans small remainder parcels to the north and south for a total sale of 19, 217 square feet. (Explanatory documents include a staff report, and resolution.) No public comment. RESOLUTION 04-161 On motion to approve: ADOPTED: AYES - Din, Kasolas, McCray, Mezey and Vaughns ABSENT - Black PUBLIC COMMENT on Closed Session Item: David Pilpel stated that it made sense that covered storage be provided for vehicles or spare parts at Pier 80. He was especially worried that historic vehicles would suffer deterioration if they were not covered. He supported moving out of 1145 Market Street but wondered about the savings accrued due to charging rental fees to various projects for construction division space. He added that it would be good to have a space use plan for 1 South Van Ness that the public could see. RECESS REGULAR MEETING AND CONVENE CLOSED SESSION CLOSED SESSION 1. Call to Order Chairman Vaughns called the closed session to order at 5:52 p.m. 2. Roll Call Present:
Absent: Shirley Breyer Black 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 (Black-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) Edgar Gallardo, Superior Ct. #03421064 filed on 6/4/03 for $150,000 Also present:
RESOLUTION 04-162 On motion to approve: ADOPTED: AYES - Din, Kasolas, McCray, Mezey and Vaughns ABSENT - Black (4.2) Renaissance Parents of Success as Fiscal Agent for Muwekma Ohlone Sanctuary v. CCSF; Proven Management, Superior Ct. Case #CGC-02-415559 filed on December 10, 2002; with the City to receive $675,000, of which $316,000 will be paid to ProVen for remediation of PUC sewer main; upon completion, City to assume responsibility for future breaks; City retains right to seek attorneys fees from ProVen's insurer. Also present: Lee Simpson, Deputy City Attorney RESOLUTION 04-163 On motion to approve: ADOPTED: AYES - Din, Kasolas, McCray, Mezey and Vaughns ABSENT - Black 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 Property: One South Van Ness, southeast corner of Market and Van Ness, block 3506, lot 1 and 1570 Burke Avenue, approximately 150' east of Third Street, block 5203, lot 66. Persons Negotiating: Michael T. Burns and Gigi Harrington Under Negotiation: Price___ Terms of payment____ Both X__ Also present:
ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 6:44 p.m. 14. Announcement of Closed Session. Chairman Vaughns announced that the Board met in closed session to discuss the Gallardo and Renaissance cases with the City Attorney. The Board voted unanimously to settle the two cases. The Board also met with their real estate negotiator and took no action on that matter. 15. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved (Black-absent). ADJOURN - The meeting was adjourned at 6:46 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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