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4:00 - REGULAR MEETING

ORDER OF BUSINESS

1. Call to Order

Chairman Flynn called the meeting to order at 4:10 p.m.

2. Roll Call

Present:

  • Shirley Breyer Black
  • Mike Casey
  • H. Welton Flynn
  • Michael Kasolas
  • James McCray, Jr.
  • 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 July 15, 2003 Regular Meeting: unanimously approved (McCray-absent).

5. Communications

6. Introduction of New or Old Business by Board Members

Director Kasolas asked that Item 13, the Translink Participation Agreement be continued for 30 days.

7. Director's Report (For discussion only)

-Special Recognition Award

-Ongoing Activities

Director Burns is pleased to introduce Ms. Kathleen Swindler, an engineer working on the SFGo Project, as the person receiving this month's Special Recognition Award. During her five years at DPT, Ms. Swinder her responsibilities and technical skills have increased. Her co-workers recognize her for her curiosity, patience, organization, and sound judgment. Ms. Swindler is shocked to receive the award and is pleased to accept on behalf of the entire program. Chairman Flynn expressed his congratulations on behalf of the board

Muni has launched a public relations campaign which focuses on the fare increase, safety and security, and how to ride Muni. The campaign will begin in mid-August, last through November. and will include print ads, television and radio. Signs alerting riders to the fare increase are being posted throughout the city.

The parking rates at SF General Hospital will go into effect on September 1. Staff is working with the mayor's office and labor unions to make sure everyone is notified. They are also meeting with hospital employees.

With the state budget being finalized, there will be no additional impact on the MTA's budget. There has been some delay recently in the processing of payments for capital projects but that should turn around quickly.

8. Citizen's Advisory Council Report

There was no CAC report made.

9. Public Comment

Ernestine Weiss recommends timed signals at several key crossings in San Francisco. She thinks there is a need for inspectors on 31-line as operators are complaining that nobody is out there. DPT has to still enforce parking on Clay at Powell. Drivers should be told to tell people to fold scooters, shopping cards, carriages and not to drink onboard. The rear exit step on the new buses is too high for seniors to navigate.

Barry Taranto asked for action at the Hilton Hotel as it continues to be illegal for town cars to park in bus zones and taxi stands. The dispatch system isn't customer-friendly and many dispatchers will give you a hard time when you call. He would like to see specially designed signs for taxis and noted that the sign at Haight and Masonic is frequently down.

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:

  1. Adriana Cuevas, Superior Ct. #416992, filed on 8/12/02 for $8,000
  2. Andy Jianhui Jiang, Unlitigated claim #0303958, filed on 5/30/03 for $10,479.47

RESOLUTION 03-128

(10.2) Approving the following traffic modifications:

  1. RESCIND - NO RIGHT TURN AFTER BALLPARK EVENTS EXCEPT TAXIS and ESTABLISH - NO RIGHT TURN AFTER BALLPARK EVENTS on 3rd Street, northbound, at Townsend Street.

B. ESTABLISH RESIDENTIAL PERMIT PARKING AREA "N" (2-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH FRIDAY) on Funston Avenue, west side, between California and Clement Streets (200 block).

C. ESTABLISH RESIDENTIAL PERMIT PARKING AREA "H" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) on Sloat Boulevard, south side, from 20th Avenue to 100 feet easterly (300 block) and 20th Avenue, both sides, between Sloat Boulevard and Ocean Avenue (2900 block).

D. ESTABLISH UNMETERED MOTORCYCLE PARKING on Fulton Street, south side, at 6th Avenue (accommodates 3 unmetered parking spaces).

E. RESCIND CROSSWALK Crossing Bayshore Boulevard, south side, at Oakdale Avenue.

F. ESTABLISH TOW-AWAY, NO STOPPING ANYTIME on States Street, north side, from Corona Heights Playground to a point 26 feet westerly.

G. ESTABLISH NO LEFT TURN on Woodside Avenue, eastbound, onto Youth Guidance Center/Laguna Honda Hospital access road and Woodside Avenue, westbound, onto Idora Ave.

H. RESCIND CROSSWALK Crossing Woodside Avenue, west side, at Idora Avenue and crossing Woodside Avenue, east side, at the Youth Guidance Center/Laguna Honda access road.

I. ESTABLISH TOW-AWAY, NO PARKING ANYTIME on Mendell Street, both sides, between Oakdale and Palou Avenues.

  1. ESTABLISH BICYCLE LANES on Oakdale Avenue, both directions, from Phelps Street to 180 feet west of 3rd Street and from 3rd Street to 80 feet easterly.
  1. ESTABLISH ANGLE PARKING (45-DEGREE) on Oakdale Avenue, north side, from 140 feet east of 3rd Street (near Mendell Street) to Lane Street.

RESOLUTION 03-129

(10.3) Authorizing the Director to apply for, accept and expend up to $438,000 Transportation Fund for Clean Air funds for various bicycle projects. (Explanatory documents include a staff report, and resolution.) (DPT)

RESOLUTION 03-130

(10.4) Authorizing the Director to execute an application for Section 5309 program funding with the Department of Transportation and to accept and expend $22,447,850 in federal Section 5309 capital assistance for the Third Street Corridor Track/Maintenance Facility project. (Explanatory documents include a staff report, and resolution.) (MUNI)

RESOLUTION 03-131

(10.5) Authorizing the Director to apply for $120,000 of Transportation Fund for Clean Air Regional funds for Transit Preferential Streets - Colored and Textured Surface Treatment for the Third Street Transit Lane. (Explanatory documents include a staff report, and resolution.) (MUNI)

RESOLUTION 03-132

No public comment.

On motion to approve the Consent Calendar:

ADOPTED: AYES - Black, Casey, Flynn, Kasolas, McCray and Vaughns

REGULAR CALENDAR

MUNICIPAL RAILWAY

11. Informational update on the status of the Third Street Light Rail Project including a status report on local contracting and job opportunities. (Explanatory documents include a staff report.)

Michael Burns, Director of Transportation, presented a report on the status of construction on Third Street, including a review of the local hiring and contracting efforts. Service is tentatively set to begin at the end of 2005. Muni has engaged in major community initiatives including local hiring, and establishing programs to provide local referrals, training and jobs. A total of 338 people have been hired with 100 from the Bay View neighborhood. Although these contracts are being administered under strict FTA regulations, Muni has focused heavily on participation by DBE's, and will achieve 44% DBE participation. Muni has also provided programs to give assistance to subcontractors including local certification, bonding, loan guarantees and financing.

Staff recognizes that the construction project is disruptive to the community and is working to be more responsive to their concerns.

The Metro East facility is the last major contract of the project. The City selected the Construction Manager/General Contractor approach as an alternative as it will maximize the opportunity to use small, local contractors. Staff expects there will be between 40 and 60 small contracts. Each one will be publicly bid and awarded. Mr. Burns met with representatives from the community who asked Muni to look at alternative approaches to increase local participation, including award of a sole source contract. He told them that he doesn't see any way to award a sole source contract. Staff is aggressively looking to see how they can maximize local participation.

PUBLIC COMMENT:

Charlie Walker asked that the Tow-Away zone on Mindel St. be revisited since it's in the construction area. He asked Mr. Harris to convene a meeting of every small contractor in the Bay View Hunter's Point neighborhood. He stated that there was very little truth in the statements made by Mr. Burns.

Chairman Flynn asked DPT about parking on Mindel St. Bond Yee, Traffic Engineer noted that this section is in the pedestrian mall and would go into effect once construction was complete.

Willie Ratcliff is disappointed in Mr. Burns' presentation. It's time to stop talking about what we can't do. Sole source contracts are being given all over the city all of the time and it can be done with this project. You are supposed to make sure that no discrimination is going on.

Francisco Da Costa, noted that the Director acknowledged that the responsible parties aren't taking care of the dust and toxins in the air. These issues need to be addressed as the asthma risk is huge in the community. The community shouldn't be penalized. The dust needs to be better controlled. He has appreciated staff's efforts so far.

Andrew Bozeman stated that the Bay View is very sunny so water disappears quickly. The piles should be covered. The companies that are hiring people are only using them for a few months before they fire them. Staff should look at how many hours people have worked. He sees plenty of African Americans as flagmen but his community is capable of more than that. There's a bait and switch game going on.

Eushane Buie is a single, African American mom who lives in the Bay View. The fliers that we receive in the mail don't jibe with what we see on the street. African Americans are only being employed as flagmen. The figures provided are a lie. Nothing has been done.

Chairman Flynn noted that the board is not taking action on this matter and that Mr. Burns will follow up on the issues raised. Director Vaughns echoed the Chairman's remarks and asked staff to assure the board that the numbers are valid.

12. Public hearing on Muni's Draft FY2004 Short Range Transit Plan. (Explanatory documents include a staff report.)

No public comment.

13. Authorizing the Director to execute the TransLink Interagency Participation Agreement between Alameda-Contra Costa Transit District, Golden Gate Bridge Highway and Transportation District, BART, S.F. Municipal Transportation Agency, San Mateo County Transit District, Santa Clara Valley Transportation Authority, and the Metropolitan Transportation Commission. (Explanatory documents include a staff report, resolution and agreement.)

(This item was continued to the next board meeting.)

14. Reserving the paid areas in Municipal Railway stations exclusively for their primary purpose of providing Muni passengers with safe access to and from Muni vehicles; urging the Director to revoke any permits that allow First Amendment activity in paid areas and to reissue such permits to allow for these activities only in unpaid areas and urging the Director to prepare any needed regulations for use of unpaid areas for First Amendment activity. (Explanatory documents include a staff report, and resolution.)

No public comment.

RESOLUTION 03-133

On motion to approve:

ADOPTED: AYES - Black, Flynn, Kasolas, McCray and Vaughns

NAYES - Casey


15. Fixing the wage schedule for Transit Operators, Classification 9163 as $24.8150 per hour for Operators and $15.6247 per hour for Operator Trainees effective July 1, 2003; and $25.4450 per hour for Operators and $16.0216 for Operator Trainees effective January 31, 2004, retroactive to July 1, 2003. (Explanatory documents include a staff report, resolution and wage certification.)

No public comment.

RESOLUTION 03-134

On motion to approve:

ADOPTED: AYES - Black, Casey, Flynn, Kasolas, McCray and Vaughns

RECESS REGULAR MEETING AND CONVENE CLOSED SESSION

CLOSED SESSION

1. Call to Order

Chairman Flynn called the closed session to order at 5:17 p.m.

2. Roll Call

Present:

  • Shirley Breyer Black
  • Mike Casey
  • H. Welton Flynn
  • Michael Kasolas
  • James McCray, Jr.
  • Cleopatra Vaughns

Also present:

  • Michael T. Burns, Director of Transportation
  • Roberta Boomer, Board Secretary
  • Julia Friedlander, Deputy City Attorney
  • Vince Harris, DGM, Construction
  • Rob Stone, Deputy City Attorney

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.

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:

City and County of San Francisco Administrative Proceeding For Debarment against Dennis J. Amoroso Construction Co., Inc., and related claims in the City and County of San Francisco Cross-Claim in the action entitled Edward W. Scott Electric Co., Inc. v. Dennis J. Amoroso Construction Co., Inc., Napa County Superior Court No. 26-21061 (MTA to receive $150,000; Amoroso to voluntarily refrain from bidding on City contracts for five years).

RESOLUTION 03-135

On motion to approve:

ADOPTED: AYES - Black, Casey, Flynn, Kasolas, McCray and Vaughns

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 5:23 p.m.

16. Announcement of Closed Session.

Chairman Flynn announced the board met in closed session to discuss Amoroso case with the city attorney. The board voted unanimously to settle the case.

17. Motion to disclose or not disclose the information discussed in closed session.

On motion to not disclose the information discussed: unanimously approved.

ADJOURN - The meeting was adjourned at 5:23 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 [SF Admin. Code Sections 16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 1390 Market Street, Suite 801, San Francisco, CA 94102, telephone 415-554-9510, fax 415-554-8757 and web site: sfgov.org/ethics.

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