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4:00 - REGULAR MEETING ORDER OF BUSINESS 1. Call to Order Chairman Flynn called the meeting to order at 4:20 p.m.
2. Roll Call Present:
Absent: Cleopatra Vaughns 3. Announcement of prohibition of sound producing devices during the meeting. Chairman Flynn 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 may be removed from the meeting. 4. Approval of Minutes On motion to approve the minutes of the October 7, 2003 Regular Meeting: unanimously approved (Vaughns-absent). 5. Communications None. 6. Introduction of New or Old Business by Board Members None. 7. Director's Report (For discussion only) -Ongoing Activities On Thursday, October 16, Muni hosted the 2003 Annual Bell Ringing Competition at Union Square. Ronald East was declared the 2003 Bell Ringing Champion. Ken Lunardi, last year's winner came in 2 nd and Walter Scott finished 3 rd . Ron has been in the Cable Car Division as a grip for three years. It's very rare that someone so new to the division can sweep the competition in only his second year. Ron East demonstrated his award-winning style on a Cable Car Bell for the Board. In September DPT implemented a new method for processing renewals for Residential Parking Permits. With this new method, the "Residential Permit Program Lockbox Program", payments are sent directly to the bank. The bank processes payments and sends a report to DPT who then mails the permit. This program is expected to decrease the turnaround time for permit renewals and will reduce the number of customers who come to the office. This is a pilot program, which will improve service to the public. As part of the traffic mitigation efforts for the Doyle Drive approach to the Golden Gate Bridge, Caltrans is installing red light cameras at five intersections near the Bridge. Construction at locations began earlier this year and is expected to be done by the end of November. Upon completion, it will be fully integrated with the city's existing Red Light Camera program, increasing the number of intersections that are equipped for photo-enforcement from 18 to 23. The US101 Off-Ramp and Bridge will be closed in one direction on October 20-27 th to continue work on the Third Street project. There were no traffic delays on first night of the closure with normal traffic flow restored by the deadline. A Motorist Alert was issued to Bay View Hunter's Point zip codes as well as to Brisbane residents and to 250 trucking companies. It has been announced on television and radio and moveable message boards are in place. Bond Yee, Traffic Engineer, reviewed the plan for the Page Street Traffic Circle pilot project. 8. Citizen's Advisory Council Report There was no report made. 9. Public Comment Bob Planthold suggested that staff reexamine traffic circle size. The current size pushes cars into the crosswalk, which creates a safety hazard for pedestrians. He urged the Board to monitor legislation at the Board of Supervisors calling for more motorcycle parking spaces. This legislation will be problematic for pedestrians, seniors and people with disabilities. Nobody from those communities was contacted about this plan prior to its introduction. Barry Taranto is concerned about the behavior of PCO's toward cab drivers. They are too quick to write tickets rather than help cab drivers. He is concerned about Halloween in the Castro and new medallions for ramped taxis. 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 as are or will be available in payment of the following claims against the MTA:
RESOLUTION 03-165 (10.2) Approving the following traffic modifications:
RESOLUTION 03-166 PUBLIC COMMENT: Gladys Velarde spoke in favor making Arago St. one-way (Item G). The street is too narrow and it needs to be one-way. Manuel Villavicencio also spoke in favor of making Arago Street one-way. The street isn't wide enough and there's no room for parking. Barry Taranto is in favor of Items D and E, combining the bus stops on Kearny and Sacramento. It makes sense to have one long bus stop and only moves the drop-off zone a few feet. It's a win-win situation for everyone. Howard Strassner, Rescue Muni, supports the combining of bus stops. The city doesn't need too many bus stops close together. Getting rid of unnecessary bus stops will be better in the long run. (10.3) Authorizing the execution of a License Agreement with 555 California Street, for the use of space in the mechanical penthouse and on the roof, for radio equipment, for a term of three years beginning on November 1, 2003, for a monthly fee of $4,961, increasing at five percent per year; and authorizing the Director to make a payment in the amount of $14,700 to cover retroactive fee increases. (Explanatory documents include a staff report, resolution and agreement.) (MUNI) RESOLUTION 03-167 (10.4) Canceling the MTA meeting of November 4, 2003. (Explanatory documents include a resolution.) (MTA) RESOLUTION 03-168 (10.5) Authorizing the Director to execute and file an application for $2,441,395 of 2003 Urban Area Security Initiative (UASI) Grant Program funds with the U.S. Department of Justice (DOJ) for Muni system-wide security enhancements. (Explanatory documents include a staff report, and resolution.) (MUNI) RESOLUTION 03-169 (10.6) Authorizing the Director to retroactively accept and expend $123,600 in federal Technical Study Grant funding for the FY2002 and FY2004 Short Range Transit Plans. (Explanatory documents include a staff report, and resolution.) (MUNI) RESOLUTION 03-170 (10.7) Authorizing the award of Contract No. 0494J: Contract 55 - New Traffic Signals to King C. Electric, Inc., as the replacement contractor, for a total contract amount of $737,000. (Explanatory documents include a staff report, and resolution.) (DPT) RESOLUTION 03-171 No public comment. On motion to approve the Consent Calendar (Items 10.2 D, E and G severed): ADOPTED: AYES - Black, Casey, Din, Flynn, Kasolas, and McCray ABSENT - Vaughns On motion to approve Items 10.2 D, E and G: ADOPTED: AYES - Black, Casey, Din, Flynn, Kasolas, and McCray ABSENT - Vaughns REGULAR CALENDAR
MUNICIPAL RAILWAY 11. Authorizing the award of Contract No. MR-1182R, Muni Metro East Light Rail Vehicle Maintenance and Operations Facility Project, to McCarthy Building Companies, as the lowest responsive and responsible bidder, for an estimated total contract amount of $110,000,000, with initial certification of the contract not to exceed $14,230,790. (Explanatory documents include a staff report resolution and financial plan.) Vince Harris reviewed the calendar item. If approved, McCarthy will subdivide the work into approximately 60 smaller contracts to promote participation by more local and minority contractors. This contract award is contingent on approval by the Transportation Authority. In response to a question by the chairman, he added that Muni is providing a program to help small contractors with bonding, insurance and financial matters. PUBLIC COMMENT: Mike Holmes is a subcontractor for McCarthy and thinks that they will do well by the community as McCarthy has done well by their subcontractors. Derf Butler is the owner of a local contracting firm that assists women and minority firms. He supports this approach adding that McCarthy is committed to helping local businesses. RESOLUTION 03-172 On motion to approve: ADOPTED: AYES - Black, Casey, Din, Flynn, Kasolas, and McCray ABSENT - Vaughns RECESS REGULAR MEETING AND CONVENE CLOSED SESSION CLOSED SESSION 1. Call to Order Chairman Flynn called the closed session to order at 5:13 p.m. 2. Roll Call Present:
Absent: Cleopatra Vaughns 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 (Vaughns-absent). 4. Pursuant to Government Code Section 54956.9 and the Administrative Code Section 67.8 (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) State Farm Ins., Superior Ct. #419110, filed on 4/7/03 for $155,000 RESOLUTION 03-173 On motion to approve: ADOPTED: AYES - Black, Casey, Din, Flynn, Kasolas, and McCray ABSENT - Vaughns 5. Pursuant to Government Code Section 54956.7 (4), the Board will meet in closed session for: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Director of Transportation, Michael T. Burns ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 6:05 p.m.
12. Approving Amendment No. 3 to the Appointment and Compensation Agreement between the City and Michael T. Burns to set the salary of the Director of Transportation at $280,000 and e xtends the term of the contract by five years to March 1, 2010. (Explanatory documents include a staff report, resolution and agreement.) PUBLIC COMMENT: Fares Ammari is concerned about the intent to award a huge salary increase on top of Burns' already large salary. Transit supervisors pay 7.5% into the retirement system, which is difficult to pay. She is opposed to this increase unless the city will pay the employee's 7.5% contribution Abundio Ramos is opposed to paying this amount as it is taking money out of the worker's pocket. He continues to being mistreated and discriminated against and will only get $600 per month when he retires. Dan Venable, Muni worker, stated that the major issue is morale. Having given up 7.5%, this action is a hard thing to swallow. Employees contributed for our jobs and the jobs of their co-workers. The timing on this is insulting. The director might be worth ten times this amount but everyone should share the pain. Walter Johnson, who represents 80,000 members, noted that city workers who work with the homeless don't get anything. Everyone should be treated equally. This says nothing about Mr. Burns' ability to fulfill his duty but if others are asked to sacrifice, then this action should be delayed. Peter Der thinks that Mr. Burns is unsuitable for this raise as he has mismanaged city funds and has practiced racism. Mr. Burns has $180 million more in his budget, but missed service is over 4%. You can't justify a raise when Mr. Burns wastes money on computer programs and consultants. Charles White, Muni operator, spoke as a San Franciscan and a taxpayer. He asked that this vote be postponed for 30-days as it deserves a review by the public. He would like to see the justification behind the raise. Speaking as a neighborhood activist, if this vote isn't postponed, then any and all board members should be recalled. If the vote goes through, then workers should take example of their Los Angeles brothers and walk out. Ron Austin, Chair at the Cable Car division, stated that TWU-250A opposes any vote on this matter. Burns has been a trumpeter of the merits of Prop E but the workers get another story. The vote should be postponed. It will be remembered when they are negotiating next year. Glenda LaVigne, TWU, Local 200, wonders why she worked so hard to convince workers that there was a budget problem. It is a disgrace to be talking about this before his contract is up. This matter should be held until a next mayor can deal with it. William Sisk, TWU-250A, noted that operators gave up a general sign up and two unpaid furlough days. This insults his members and seems like another Enron. He thinks the next mayor should dictate this matter and that the board has overstepped their boundary. He intends to ask for a city audit and to ask the city attorney to look into this. Jean Ellis Jones, 250A Vice-President and Potrero Chairman wondered why the Potrero restrooms haven't been fixed and the wage progression hasn't been addressed. The workers should be considered. Kevin Hughes, IBEW Local 6, doesn't question Mr. Burns' ability to perform. The Charter dictates how his salary is set, the same as it dictates how other employees wages are set. This matter should be considered in the context of the other labor contracts and give backs this fiscal year. Larry Martin, TWU, suggested that the board look at the larger picture, from bottom to top. Workers should be treated the same as everyone else and everyone had to give back to the city. For fairness sake, this matter should be considered at some other time, when the city has money. He's not saying that the Director doesn't deserve it but this is about being fair to everyone. Sarita Britt is opposed to this proposal and would like to see an investigation of the board, as there is a conflict of interest. Director Casey moved that the item be tabled. Chairman Flynn clarified that the matter would be tabled to the call of the Chairman. On motion to table the item: ADOPTED: AYES - Black, Casey, Din, Flynn, Kasolas, and McCray ABSENT - Vaughns 13. Announcement of Closed Session. Chairman Flynn announced the board met in closed session to discuss State Farm Insurance vs. CCSF with the city attorney. The board voted unanimously to settle the case. They also met with the Director of Transportation to evaluate his performance. No action was taken. 14. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved (Vaughns-absent). ADJOURN - The meeting was adjourned at 6:52 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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