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4:00 ‑ REGULAR MEETING
ORDER OF BUSINESS
1. Call to Order
Chairman Vaughns called the meeting to order at 4:04 p.m.
2. Roll Call
Present: Shirley Breyer Black
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 April 6, 2004 Regular Meeting as corrected: unanimously approved. (McCray-absent)
The Board Secretary announced that Item 15, Revising rates for the North Beach and Vallejo garages, was removed from the agenda at the request of staff. Because the item was noticed in the paper, there may be some members of the public in the audience who wish to address the Board. Chairman Vaughns will ask for comment when the board reaches that item on the agenda.
6. Introduction of New or Unfinished Business by Board Members
7. Director's Report (For discussion only)
The Transportation Authority has approved its allocation for Muni, which was held up pending the completion of their audit. Much of the allocation is for the Third Street Project and Phase II, the new central subway. Muni is currently working with the TA to adopt a revised Third Street budget and preparing Muni's FY2005 funding request.
DPT has initiated a signal upgrade project on Geary between Masonic and 10th Avenue involving the complete reconstruction and upgrade of twelve existing signalized intersections (including improved signal visibility and pedestrian countdown signals) and the addition of two new signalized intersections. Prop B funds these improvements.
Another project on Geary is also going forward at this time. A traffic signal timing priority system is being implemented for the 38-Geary. Federal funds and Prop. B monies are being used. New pedestrian countdown signals are being installed along Geary Boulevard at 16th, 18th, 21st, 24th, 27th, 29th, and 32nd and at the intersection of Point Lobos and 48th .
Muni has developed a ComMUNIty Artists Initiative to support local artists in San Francisco. The first phase of this project will be our Rolling Galleries, which will consist of turning the unsold ad space of 64 bus interiors into rolling art galleries. Muni's partner in this project, the Academy of Art University, has covered all of the production costs, and will be featuring the project in its Main Gallery at 79 New Montgomery through May 15th. This project doesn't impact advertising revenues. The space used is allocated to us within our existing contract.
Exec. Director Burns announced that DPT has concluded its community ballot process. Over 37% of the neighboring residents responded. None of the circle locations received the majority needed to proceed. As a result of this and concerns expressed by the Fire Department, pedestrian safety and disability organizations, DPT has issued a work order to remove the circles and reinstall all stop signs. This project was a positive learning experience for the department and reinforces our commitment to achieving consensus prior to proceeding. A traffic circle was recently approved for installation by local residents and the Fire Department at St. Mary's Park in Bernal Heights as part of a traffic-calming plan.
Director Kasolas asked Mr. Burns to share the citywide traffic calming studies with the Board.
Director Black thanked Exec. Director Burns for providing a children's tour of the Cable Car Barn during the SEIU conference.
8. Citizen's Advisory Council Report
There was no report.
9. Public Comment
Gene Pepi has questions about the 3rd St. Project. He feels that the local hiring of Bayview residents hasn't been sufficient and needs to be increased. The construction has closed sidewalks, causing many stores and restaurants to close. Is there a program to compensate these owners for the loss? Will there be a program to train and hire local residents as vehicle operators, maintenance workers, supervisors, and administrative staff?
William Oberhofer stated that some stations don't have any employees working at them. He sees people boarding who aren't paying, especially at night. Muni is losing money. There's been an increase in graffiti on the platforms, which is a big disturbance.
Barry Taranto said the cabstand on 2nd St. at the ballpark is a major problem. Recently there was an unmarked police car parked in the stand. If you don't enforce the cabstand, then what's the use of having it? This needs to be worked out. Thousands of dollars are lost every day by not ticketing double parkers in commercial districts. There are plenty of commercial parking lots in our neighborhoods. PCO's should warn people before ticketing cars parked in driveways. He is not in favor of combining the MTA with the Taxi Commission.
David Pilpel announced that he has been reappointed to the Sunshine Task Force. He congratulated Ray Favetti for fixing the bench on the outbound platform at West Portal. Tom Mullen is retiring from Muni. Mr. Mullen has been a great man and employee and he is sorry that the Director didn't recognize him. He had a productive meeting with TWU about the budget, and ways to fix it.
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.
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:
(10.2) Authorizing the Director to execute and file appropriate Transportation Development Act, State Transit Assistance, and Assembly Bill 1107 applications with the Metropolitan Transportation Commission of an allocation of TDA, STA, and AB1107 funds in Fiscal Year 2004-2005. (Explanatory documents include a staff report and resolution.) (MUNI)
No public comment.
On motion to approve the Consent Calendar:
ADOPTED: AYES - Black, Casey, Din, Kasolas, McCray and Vaughns
11. Declaring a fiscal emergency caused by the failure of agency revenues to adequately fund agency programs and facilities for FY2005 pursuant to the California Public Resources Code section 21080.32 and California Environmental Quality Act Implementing Guidelines; and finding that the reduction or elimination of the availability of existing transit service are statutorily exempt from CEQA review. (Explanatory documents include a staff report and resolution.)
Glenda Lavigne has serious concerns about the fiscal emergency proposal. Are we saying we can't pay the bills? This is kind of reckless and there is no information that says we can't pay our bills. She wondered if other transit agencies did this and if so, what the impact was. Don't "rubber stamp" this action and look at its impact on Muni, citizens, and employees.
Tess Welborn, Haight Ashbury Neighborhood Council (HANC), doesn't think this is an emergency yet. The public needs more exact data and an environmental audit. The drop in ridership may be related to the fare increase. Before declaring an emergency, consider how revenue can be increased and how major projects can be restructured or delayed.
David Tornheim, Central City Progressives, doesn't think that sending the calendar out 72 hours in advance is proper notification as there isn't sufficient time to review the materials. The 5-Fulton is often at crush loads in the afternoon but the report says it's 57% full. The data doesn't reflect rider reality and often the bus is completely packed beyond full. This emergency should have been anticipated and a full environmental review is justified. Don't circumvent the process.
David Pilpel has provided detailed comments in writing. The staff responses didn't address all his points. The response to his comment about the meeting notice response didn't discuss his concern about how public hearings should be noticed. The fund reserve policy doesn't grant the Board the authority to grant a fiscal emergency. He is being rebuffed by staff and is happy to take questions.
Alice Mosley is completely dependent on public transportation. The 5 and 7 lines are marvelous assets. Circumventing the need for an environmental audit does a great disservice to the public. We are trying to reduce our dependency on oil driven vehicles. If there are cuts to be made, look to transferring from diesel to electric.
Pi Ra, HANC, is confused about the waiver. How can you apply for this declaration if you say you're adjusting and not cutting service?
Herbert Weiner read a poem about the service adjustments and provided copies for the board.
Rafael Cabrera wonders how Muni can declare an emergency and consider these adjustments. He doesn't understand what we're doing and thinks that we have to listen to what the community says.
Jennifer Kindrick lives around USF and relies on the 5-Owl service. It's dangerous around Golden Gate Park because of the drug addicts and bums. She's a college student and can't afford a car.
Chairman Vaughns assured the public that when they provide public comment and information, the Board is listening. Testimony is being recorded and the secretary is taking notes. Chairman Vaughns then asked the Executive Director to give clarification or a definition of "fiscal emergency".
Executive Director Burns reviewed the circumstances leading up to the fiscal emergency. The proposal to close the $32 million deficit includes using capital money, loaning capital money, service cuts and adjustments and 125 lay offs. CEQA provides a calculation to determine if an agency qualifies for a fiscal emergency. Muni can prove that it qualifies. Declaring a fiscal emergency is a mechanism used by other transit properties in the region. The law allows for this because of the length of time it takes to conduct a full environmental review. Muni wouldn't be recommending adjustments and cuts if there wasn't a fiscal necessity. He would prefer to see more service and new service and will work aggressively with the Mayor and Board of Supervisors to find other sources of revenue. We have been through the required process, and have considered and responded to comments from the public. Muni needs to define the actions to close the budget deficit within the next 45-60 days so adjustments can be implemented by the end of August. Any delay will result in an increased deficit. Staff recommends approval of the declaration of fiscal emergency.
Director Casey thinks that an environmental review that clearly sets forth the impact would assist the MTA in making our case to the Supervisors and Mayor. It may motivate the city to focus on revenue enhancement discussions. He argued in opposition to the declaration of a fiscal emergency. If there is a crisis, we need all the evidence and support that we can muster to compel decision makers and stakeholders that something has to be done. This board has a fiduciary responsibility to get the agency fully funded. If an environmental report will assist in that effort, we should do that.
Director McCray is not clear about the nature of the deficits and the justification for the cuts. They won't be good for residents or Muni. He is not ready to support this declaration.
Executive Director Burns stated that this item could be voted on at a future meeting. He is not sure what else staff can do to justify the fact that there is a $32 million deficit. The board has spent the last three months talking about the budget deficit and proposed solutions. Delaying the adjustments as proposed will make the deficit go higher and will require worse actions.
Director Kasolas asked for a cost estimate if we delayed implementation of the service adjustments to do an environmental review. Executive Director Burns will provide the requested information but thinks that the delay could cost $1.5 million at a minimum, which would mean additional layoffs or deeper service cuts. The proposal to adjust service only covers $5 million of the $32 million dollar deficit.
Director Din pointed out that when the board approved the budget, we borrowed $6 million from future budgets. If we don't step up now, the more it will cost us and the more difficult it will be next year.
On motion to approve:
ADOPTED: AYES - Din, Kasolas, and Vaughns
NAYES - Black, Casey and McCray
The motion failed.
12. Public hearing to consider proposed service adjustments, including termination of service and schedule and route changes, for the Municipal Railway on lines 1, 2, 3, 4, 5, 6, 7, 9, 9X, 9AX, 9BX, 12, 14, 15, 16AX, 16BX, 21, 26, 29, 30, 33, 38, 41, 54, 66, 67, 71, 71L, 82X and F.
Items 12 and 13 were called together.
13. Authorizing the Director to implement Municipal Railway service adjustments, including rerouting, reducing or terminating service on certain lines and to assess the feasibility for expanded use of electric trolley coaches. (Explanatory documents include a staff report and resolution.)
Julia Friedlander, Deputy City Attorney, noted that the board is welcome to hold the public hearing but taking action on Item 13 was contingent upon approval of the fiscal emergency, which didn't occur.
Chairman Vaughns asked the public to allow people who had not yet had an opportunity to speak to come forward first.
Bob Planthold opposes the cuts. He has been told the reason is because of the lack of money but the Board has not diligently and faithfully pursued all sources of revenue. The board has been negligent and he wondered if there has been official misconduct. There is a state code which authorizes the hiring and training of disabled people to ticket violators. This is an overlooked source of revenue and now the MTA is stuck in a situation where you have left money on the table but you have failed to follow through. The Board may be viewed by the public as having neglected their duty, as this source of revenue could have raised significant monies.
Tess Welborn stated that there was a complete lack of notice about this meeting. On the buses there was information about the revisions but nothing that told the public about these meetings. Muni should relook at their conclusion that if 20 people aren't standing on a bus, it's not an adequate load. These cuts disproportionately hit District 5, where working people live. The 7 is busy at night after rush hour. To solve the problem, the MTA should eliminate administrators who make over $100,000.
Gene Pepi has grave concerns about any Muni proposal. Muni experienced fare increases that added money to the fare box. He hasn't heard where this increase is accounted for. Service cuts will add to the fare collection problem and will reduce the amount of money Muni is collecting. He opposes service cuts.
David Jackson can't make sense of the service cuts. He often sees buses headed downtown but doesn't see buses going the other way. We need more services rather than less. These adjustments are reprehensible. All patrons using Muni need a fare and equitable way to get to where they're going.
Rick Laubscher, President, Market St. Railway, recognizes the difficulty in crafting a proposal. On the F-line adjustments, staff should engage in consultation with those who understand this line. While we appreciate the staff recommendation to add vintage cars, it doesn't address the issue.
Tom Kelly is not in favor of any cuts. He presented a petition against eliminating the 3-Jackson with 20 signatures on it. The 12 is not a substitute. It doesn't go downtown or to Union Square. Replacing electric service with diesel will be incredibly noisy and will cause pollution. He strongly urges the Board to keep the 3- Jackson.
Jean Kelly opposes elimination of the 3-Jackson as it's the only bus in the neighborhood. We don't want diesel buses in our neighborhood. Keep things the way they are.
Anita Denz is alarmed at losing the 3-Jackson, and adding diesel. She has a petition with over 300 signatures. People who live outside the city ride the 3 and cutting it impacts people who live way beyond the neighborhood.
Paul Wermer urged the board to look at these service adjustments. You should listen to and use the drivers as your eyes and ears to know if there are unacceptable crush loads on buses.
Mark Helmbrecht, Manager of Transportation for the Presidio Trust, called the 82X a central lifeline to downtown, CalTrain, the Transbay Terminal and Ferry Building, which shouldn't be cut. He understands that ridership doesn't meet Muni standards but consideration should be given to that line as it is one of only a few services that connect the Presidio to the outside world. Riders are interested in saving at least a couple of the runs and Muni can eliminate the other three if necessary. The Lucas Campus is opening in 2005 and will bring an additional 2000 employees. Coupling this change with a reduction of the 41 line is a double whammy. He is happy about the additional runs for the 29 line.
Irwin Phillips, President, Clement St. Merchants, is looking at the proposed cuts and finds no fault with them. The 2-Clement is the heartbeat of the commercial district. The 4 could be done away with. Staff should study extending the #2 to the hospital and turn it around where the 38 turns around. He doesn't know if the 38-Geary buses should continue to go to the beach. If cuts have to be made, we can go along with those in our district.
Herbert Weiner wondered what avenue of redress the public has once these cuts hit and their impact is felt. Instead of laying off workers, you should focus on management and save money by getting rid of the "yo-yos". Consolidate positions and don't replace them. Save those 125 jobs.
Herb Panceszewich had no indication of the April 6 meeting and nobody in his neighborhood was informed. If the 26-line is cut, only the 54 will serve the neighborhood and that line has delays and other problems. He would have to walk 2 blocks to get to that line. The Oceanview shopping area is well served by the 26.
William Sisk, President, TWU-Local 250A is willing to sit down and work on things to save money but Muni must show good faith and sit down in earnest. He also thanked the directors who voted their conscience and not politics.
David Pilpel thinks it would have helped the public if there had been a staff presentation first.The adjustments are within managements' ability to implement and there is nothing before the board to authorize implementation. The structural changes may require environmental review. He strongly suggests that staff review the schedules for more, deeper adjustments that don't abandon service and people but will reduce service on the street where load factors warrant. His suggestions to staff have been rebuffed. He is concerned about the language in the resolved clause as it may be an open-ended authorization.
Alice Mosley thanked the board for their stance on the fiscal emergency and for listening to the public. It's hard to swallow service cuts after a fare increase. It's easier to see an increase in trolley use because they are not as costly and are more environmentally friendly. Because municipal garages are subsidized, is it not feasible to have a coherent, comprehensive policy to have those rates at a commercial level? A strong message should be sent out to leave cars at home.
Flip Sarrow, Haight Ashbury Merchants Association, appreciates that the 7 is not dead and will operate on a limited capacity. His concern about the 71 is having accordion buses running on the weekend. It makes more sense to have the 7 on the weekends and not use the double buses because Haight St. has lots of pedestrian and commercial traffic and is most congested.
Kate Volkman commended Muni for their responsiveness. Muni should be adding service, especially late at night and on weekends. Because delays are often due to the lack of drivers, Muni should have substitutes. When a bus arrives, the bus is packed and bunched. She doesn't have a problem with changing the schedule but does have a problem with how often they arrive.
Fredrika Ward asked if the board had considered the proposed "last call" bill being discussed in the state legislature.
Susan Vaughn thinks it is imperative to not cut service. Everything should be done to not cut service. She has some concern that Armageddon is around the corner.
Chris Finn opposes the cuts and is glad to see the fiscal emergency didn't pass. Muni may need restructuring. A recent BART audit showed it was top heavy with management. The notes say that labor costs have increased faster than revenue. Has anyone looked at those costs? Muni should be behind fully subsidized health care and should support a downtown transit assessment district. The drivers are against using the cuts as a justification for reducing workers, benefits and pay.
Nick Robins considers Muni's most important function is the connection to the high-speed lines. If the 12 were extended, it would end near Market and Embarcadero and not near the Embarcadero Station. The strategy should be to get people to high-speed lines so people can get where they're going. The 3 is the wrong line to kill.
Eli Sheridan stated that these cuts hurt people who don't have cars and can't afford them. You can't improve the city by hurting the infrastructure. The 5 line is always crowded and she doesn't know what would happen if someone in a wheelchair needed to get on in the afternoon.
Mike Ilich wondered why bus drivers don't communicate when they are running late or when they arrive and are all bunched together. Why don't they stop and put riders on the first bus and then spread themselves out? He is concerned about buses that don't wait for each other. The 28-Sunset bus serves as an ad hoc school bus. Muni should talk to the school district about subsidizing these buses because it's not fair to the rest of the public. Commercial districts, downtown and shopping centers should pay their fair share. Please don't cut the 5-owl bus, as it's crucial for late night workers.
Karen Pearson is opposed to cutting the 3-Jackson. She uses it everyday. The 12 is a polluting diesel bus.
David Tepper has been riding Muni daily for 25 years to and from work. The notion of replacing electric with diesel is highly objectionable because of the pollution, energy, and noise. He rides the 3 to a BART station, then takes BART to the airport. This will be difficult to do with the 12-line. He doesn't like the idea of having a diesel bus run by his bedroom window.
David Tornheim, Central City Progressives, thanked the Board for not approving Item 11. The communication hasn't been good and he has heard repeatedly that people weren't sent a notice. These notices should be sent out 30 days in advance and not just 72 hours before. He thanked people for putting up fliers and for their help. Service has been the same for the past 10 years. There is no emergency because Muni revenue keeps increasing. He doesn't know why we can claim there is no money. There needs to be an audit because he's not clear where the costs are coming from. He is forming a new riders group.
Chairman Vaughns thanked people for their input on behalf of the Board and staff. The public's comments have been heard. Staff has spent up to fifteen or sixteen hours in a day to hear what people have to say. We hope that the public understands that everything must change. We can't look at this matter from a "not in my neighborhood" or "not at my house" perspective. We hope the public can appreciate the thought and process that the MTA went through in an effort to resolve this issue.
Executive Director Burns thanked the public for their input and agreed that communications could have been better. It has been difficult working under tight timeframes. Staff has received over 600 comments from the public, not including the petitions, and they take these comments seriously. They have tried to include them in the decision about how to deal with the $32 million deficit. The staff proposal has changed as a result of the comments received. Staff is now recommending keeping the 3-Jackson, eliminating the 4-Sutter and retaining the 5-owl. They are also recommending retention of the 7-Haight during peak periods and keeping the 33-Stanyan as it is currently routed. They accept Market Street Railways' offer to discuss how to integrate the F-Market shuttle into the regular service schedule.
Peter Straus, Manager, Service Planning stated that Muni had received over 600 comments about the proposal with the most significant comments being about the changes to the 7-Haight, 4- Sutter, 3-Jackson and 33-Stanyan.
The Board took no action on this item.
14. Consideration of Modification No. 2 to Contract No. MR-1147 Third Street Light Rail Transit Platform Finishes and Special Systems regarding subcontractor substitution. The MTA Board of Directors will take testimony on and will consider adopting only one of the following two motions. (Explanatory documents include a staff report and resolution.)
(14.1) Approving Modification No. 2 to Contract No. MR-1147, Third Street Light Rail Transit Platform Finishes and Special Systems, which would substitute Lewis M. Merlo, Inc. for Bay Area Concretes, and denying the objection of Bay Area Concretes
(14.2) Disapproving Modification No. 2 to Contract No. MR-1147, Third Street Light Rail Transit Platform Finishes and Special Systems, which would substitute Lewis M. Merlo, Inc. for Bay Area Concretes, and upholding the objection of Bay Area Concretes.
No public comment.
Vince Harris, DGM, Construction, reviewed the status of the contract. It was awarded to Amelco on April 2, 2003 with Bay Area Concretes (BAC) as a subcontractor. This item requests approval to substitute Lewis M. Merlo for Bay Area Concretes. Bay Area Concretes objects to the substitution.
Julia Friedlander, Deputy City Attorney, explained the laws that apply to this hearing. The Board must determine if Amelco has met burden of proof that:
1) More likely than not, Amelco presented BAC with a written contract based on plans and specifications or the terms of the BAC written bid;
This is a quasi-judicial matter and the decision must be based solely on the written information previously received by the board and on the oral testimony. Each party, starting with Amelco, will have five minutes to present their case. After the initial presentation, each side will be allowed two minutes of rebuttal.
John Antracoli is the attorney for Amelco, the firm requesting the subcontractor substitution. Amelco is requesting to substitute Lewis J. Merlo for BAC. Merlo is a locally based, union contractor and is qualified to do work. The real question is whether BAC refused to sign the contract based on it's bid. BAC has had reasonable opportunity to execute the contract. The documents that Amelco provided show that BAC refused to sign the contract in accordance with the bid. The bonding agent was included in the bid but was not included in what BAC returned. Joint sealant is an integral part of work and was included in the title of the bid item and has its own specific section. BAC's bid doesn't exclude this. They included mastic sealant, which is not included in the specifications. These items were not excluded from the bid but were excluded in their revised bid. Bid shopping or pedaling is not pertinent in this case. They request approval of the substitution.
Paul Guererro, Attorney for BAC, suggested that the City Attorney cited an old code that no longer exists. There has been a problem with this process. City staff postponed the last hearing to allow time for Amelco to respond to the BAC brief but negated BAC's ability to respond to Amelco's brief. BAC was not allowed to introduce evidence to rebut information in Amelco's brief. BAC's bid sets forth the scope of work they were bidding on. By looking at the documents, you can see what has been included and excluded in that bid. BAC's bid to Amelco doesn't mention joint sealant. Mastic and joint sealant are synonymous in the trade. The bid's most telling thing is that it doesn't mention dry art. Dry art is different than wet cast art. If Amelco had a problem with our bid, they could have used someone else. We also question the traffic control item in the bid.
Chairman Vaughns gave each party two minutes to present their rebuttal.
John Antracoli, Attorney for Amelco, stated that Amelco has not requested that BAC perform all traffic control on the project. There will be large concrete dispatch trucks on 3rd St. and it is BAC's responsibility to provide control for those trucks. The bid doesn't exclude it. That piece of the contract will not include pedestrian traffic control. BAC was not asked to supply public art. Muni is supplying that art. It's not correct to ignore the entire section on sealant.
Paul Guererro, Attorney for BAC, referred to the section in the brief that says the bid includes flagging for all concrete trucks, pedestrian control, etc. The rest is to be performed by senior citizens employed by Muni. What their attorney says now differs from what it said in writing. Please reject the attempt to replace Bay Area Concretes.
Michael Price, President of BAC, acknowledged that he "okayed" the contract revisions during a conversation with Amelco on the phone. He added that when a prime contactor puts together a bid, it's their responsibility to get pieces from different subcontractors. This bid was blown. They forgot to include who was going to put the artwork in. We bid on the wet art only.
In response to a question about traffic control by Director Casey, Dan Krasnow, project manger for Amelco, stated that they have no interest in BAC conducting pedestrian traffic control. Amelco is focused on the movement of BAC's large trucks. It's important to take vehicular traffic control into account. Amelco's understanding is that Muni was using local people to handle pedestrian traffic control at major intersections along Third Street.
Chairman Vaughns thanked the parties for their testimony. It's not up to the board to get this far involved. We selected the prime contractor to do the work and the prime selected the subcontractors. This is a prime contractor's problem. She suggested that internal negotiation or mediation be pursued by the prime contractor and subcontractor to resolve the dispute and asked them to present a written report, agreed to by both parties, within 5 business days. She expressed great faith in the professionalism of both sides to come to a resolution. She asked for the report, addressed to her, to be delivered to the Office of the Board of Directors by close of business on Tuesday, April 27.
Director Casey wholeheartedly supports this effort and asked for a closed session at the next meeting in the event that an agreement is not reached.
The board took no action on this item. It was continued to the next meeting.
DEPARTMENT OF PARKING AND TRAFFIC
15. Approving revised parking rates at the North Beach Garage and the Vallejo Street Garage including an evenings-only, restricted monthly rate; a promotional evening rate on Sunday through Thursday for one year; and discontinuing the current special Sundays and holiday daytime rate. (Explanatory documents include a staff report, resolution and proposed rates.)
The board secretary noted that it had been previously announced that this item was going to be continued. Chairman Vaughns asked if anyone in the audience wished to speak. There was no public comment.
The item was removed from the agenda at the request of staff.
16. Approving the Japan Center Garage Corporation's Fiscal Year 2004-2005 budget, marketing plan and capital improvement requests and the Japantown Task Force's budget. (Explanatory documents include a staff report, resolution and financial plan.)
No public comment.
Chairman Vaughns commented that it's important for staff to take note of the language used when preparing the staff report.
On motion to approve:
ADOPTED: AYES - Black, Casey, Din, Kasolas, McCray and Vaughns
17. Approving the City of San Francisco Ellis-O'Farrell Parking Corporation Fiscal Year 2004-2005 budget and the capital improvement requests. (Explanatory documents include a staff report, resolution and financial plan.)
No public comment.
On motion to approve:
ADOPTED: AYES - Black, Casey, Din, Kasolas, McCray and Vaughns
RECESS REGULAR MEETING AND CONVENE CLOSED SESSION
1. Call to Order
Chairman Vaughns called the closed session to order at 7:07 p.m.
2. Roll Call
Present: Shirley Breyer Black
Also present: Michael T. Burns, Director of Transportation
Roberta Boomer, Board Secretary
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 (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
(4.1) Edward W. Scott Electric, Napa County Superior Ct. #2621061 filed on 1/23/02 for $2,411,245.
On motion to approve as amended:
ADOPTED: AYES - Black, Casey, Din, Kasolas, McCray and Vaughns
ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 7:30 p.m.
18. Announcement of Closed Session.
Chairman Vaughns announced the board met in closed session to discuss Edward W. Scott Electric vs. CCSF with the city attorney. The resolution was amended to include:
"provided however that the MTA Board's approval shall be contingent on modification of Section 1.2 of the Settlement Agreement to provide that San Francisco shall make two separate payments. The first payment, allocated to each of the parties in proportional shares, shall be in an amount not to exceed $1,520,685.75. The second payment, allocated to each of the parties in proportional shares, shall be in an amount not to exceed $890,559.70 and shall not be due until August 1, 2004."
The board voted unanimously to settle the case.
19. 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 7:32 p.m.
A tape of the meeting is on file in the office of the Secretary to the Municipal Transportation Agency Board of Directors.
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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