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4:00 - REGULAR MEETING
ORDER OF BUSINESS
1. Call to Order
Chairman Vaughns called the meeting to order at 4:09 p.m.
2. Roll Call
Present: Shirley Breyer Black
Absent:James McCray, Jr.
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 20, 2004 Regular Meeting: unanimously approved.
6. Introduction of New or Unfinished Business by Board Members
Chairman Vaughns stated that the Board had received comments from a few people who questioned the posting of the agenda. She asked the Board Secretary to clarify the procedure for posting the agenda. Board Secretary Boomer said that, in compliance with the Sunshine Ordinance, the agenda is posted on the Muni website and at the public library at least 72 hours before a regular meeting. Because the 72-hour period includes the weekend, the agenda is actually posted for any given meeting by the Friday prior to the meeting. The agenda is usually available on-line and at the public library by Thursday, at which time it is also available in the office of the Exec. Director.
-Report on Modification No. 2 to Contract No. MR-1147 Third Street Light Rail Transit Platform Finishes and Special Systems regarding subcontractor substitution.
Chairman Vaughns announced that the prime contractor and subcontractor have resolved the issue regarding the subcontractor's contract as directed by the Board. At her request, Executive Director Burns read the letter that Chairman Vaughns received from Amelco and Bay Area Concretes announcing the resolution of the dispute and that there was no need for further action by the MTA Board.
Director Casey is pleased to hear of the agreement and commended Chairman Vaughns for her leadership in compelling the parties to work together. It showed tremendous effort on the Chairman's part.
7. Director's Report
-Special Recognition Award
Executive Director Burns is pleased to present the May Special Recognition Award to Mr. Jim Ludwig. In 1956, Mr. Ludwig was elected as one of the founding members of the corporation that developed the Sutter Stockton Garage, serving as president of that corporation from 1974 to 1989. He was also a founding member of the San Francisco Municipal Railway Improvement Corporation and served as its president until December 2003. It is an honor to recognize Mr. Ludwig for his contribution to transportation in San Francisco. Mr. Ludwig stated that he was overwhelmed with the award. He has worked with many general managers and hopes to give much more in the future. Chairman Vaughns appreciated his consummate civic leadership and pioneer spirit and congratulated Mr. Ludwig on behalf of the Board.
At a recent Board of Supervisors Finance Committee meeting, DPT deputy director, Gerry Norman gave a presentation about the Citation Division and some proposed improvements for oversight and auditing. The committee was pleased with the report. Draft policies and procedures have been developed and will be presented to the MTA Board for adoption in June.
On Sunday, May 16, the 93rd Annual Bay to Breakers run will be held with 60,000 registered runners, and approximately 80,000 actual participants. There will be a Footstock Festival following the race. Muni will provide 105 coaches and 24 light rail vehicles. Muni and DPT is reimbursed for their services by the event organizers. Muni will have to reroute 28 lines because of the event.
Last week the San Francisco Redevelopment Agency, San Francisco Planning Commission, and Peninsula Corridor Joint Powers Board certified the Final Environmental Impact Report and Statement for the Transbay Terminal/Caltrain Downtown Extension/Redevelopment Project.
Over the years, there have been many studies recommending that Caltrain be extended to a new terminal in downtown San Francisco. The Project's capital cost estimate is $1.754 billion.
At the next meeting, a public hearing on the quality review audit required by Prop E will be presented to the Board. This audit will review the extent to which Muni has met or expects to meet its goals. The overall results were positive, with a few areas highlighted for improvement and some welcome suggestions about ways to streamline the service standards data collection and reporting to make it more useful. Nelson/Nygaard, who performed the audit, will present the results to the MTA, the Citizen's Advisory Council, the Mayor and the Board of Supervisors.
Muni is conducting a series of public meetings for residents and merchants to hear and discuss the current status of the Third St. Project. These meetings are also being held as a forum for community members to provide input on specific design options
Chairman Vaughns wanted to know who was representing Muni at these meetings. She wants documentation that Muni was in attendance. Executive Director Burns stated that John Thomas, the project manager, would be in attendance supported by public relations and engineering staff, including consultants.
Chairman Vaughns asked if there had been "lessons learned" from past Bay to Breakers races. Executive Director Burns stated that every year they hold post-event meetings with other city departments to look for ways to improve. This year, they are looking to provide more service on Fulton Avenue since more people used it last year.
8. Citizen's Advisory Council Report
No report was made.
9. Public Comment
Roger Bazeley stated that other departments look on DPT's pedestrian safety program as an exemplary program. He complimented Bond Yee, Frank Markowitz and Tom Folks. We need more integration to make this city more walkable. Muni needs to work with their operators so people go to the driver to get help. DPT needs funds to maintain the pedestrian countdown system, maintain new technology, and hire crews and equipment. He is not seeing enough reflected in safety at night with things such as employees wearing vests. The Pedestrian CAC should post their information.
David Tornheim is glad that the fiscal emergency failed, and service adjustments have been delayed. He doesn't want to see the service cuts done, especially the 5-owl and 7-Haight. Lines are packed and are above crush load. Central City Progressives has been looking at other possibilities for revenue and will come to the Board with their ideas. Thanks for addressing the notification issue. 72 hours isn't enough time for the public to address an issue. A week's notice would be better. His organization will support the Transit Impact Development Fee and he will bring people to the meeting.
Barry Taranto is having a problem with taxis at the ballpark. He's had to get involved in three incidents where an unmarked police car, fire car and a limousine parked in the cabstand. Sylvia Harper has set up a meeting to discuss this. There's a problem at 18th and Castro where the police are becoming like the Gestapo with how they deal with cab drivers. Bus #5408 didn't stop at the bus stop at 2:15 a.m. on Saturday morning. What is the bus stop for if they don't stop? Give cabs a chance to do their job. Staff is doing nothing about illegal parking but is continuing to harass cab drivers. Muni should use hydrogen buses like other cities.
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:
A. Brian Roy Bender, Superior Ct. #417405 filed on 2/14/03 for $981.17
(10.2) Approving the following traffic modifications:
A. ESTABLISH NO PARKING ANYTIME - Cunningham Place, at the terminus of between the north and south curbs.
B. ESTABLISH PERPENDICULAR (90-DEGREE ANGLE) PARKING - Cunningham Place, south side.
C. RESCIND RESIDENTIAL PERMIT PARKING AREA "A" (2-HOUR TIME LIMIT, 8 AM - 9 PM, MONDAY THROUGH SATURDAY); ESTABLISH MUNI VEHICLES ONLY; ESTABLISH SIDEWALK WIDENING; ESTABLISH TOW-AWAY, NO STOPPING ANYTIME - Taylor St., both sides, from Francisco St. to 124 feet north.
D. ESTABLISH SIDEWALK WIDENING - Mason Street, west side, between Bay and Francisco Streets.
E. EXTEND PARKING METER AREA NO. 3 (2-HOUR PARKING TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY) - Harrison Street, north side, between 11th Street and Norfolk Street.
F. ESTABLISH UNMETERED MOTORCYCLE PARKING - Frederick Street north side, from Delmar Street to 9 feet westerly
G. ESTABLISH ONE-WAY STREET - Hattie Street, southbound, between Market and 18th Streets and Hattie Street, northbound between Market and Corbett Streets
H. RESCIND TOW-AWAY, NO STOPPING, 7 AM TO 7 PM - Folsom Street, south side, from 90 feet to 105 feet west of 4th Street
I. ESTABLISH NO PARKING ANYTIME - Sears Street, west of Sickles Avenue, from north curb to south curb along the terminus of the street
J. ESTABLISH RESIDENTIAL PERMIT PARKING AREA "D" (4-HOUR TIME LIMIT, 9 AM - 5 PM, MONDAY THROUGH FRIDAY) - Roanoke Street, both sides, between Arlington Street and southern terminus.
K. ESTABLISH PERPENDICULAR (90-DEGREE ANGLE) PARKING - Rhode Island Street, west side, between Alameda and 15th Streets
L. ESTABLISH TOW-AWAY, NO PARKING 9 AM TO 9 PM, EVERYDAY - Masonic Ave., west side, from 120 feet to 380 feet north of Geary Blvd. (frontage of Trader Joe's)
(Explanatory documents include a staff report, and resolution.) (DPT)
(10.3) Authorizing the Director to apply for , accept and expend $450,000 .00 in California Department of Transportation's Safe Routes to School grant funds to improve school safety for the Leonard Flynn Elementary School area through traffic calming and other traffic safety measures. (Explanatory documents include a staff report, and resolution.) (DPT)
(10.4) Authorizing the Director to apply for, accept and expend up to $324,000 from the California Department of Transportation's Hazard Elimination Safety grant program to install Pedestrian Countdown Signals at up to 30 various arterial intersection locations throughout the City. (Explanatory documents include a staff report, and resolution.) (DPT)
The required local match of $50,000.00 will come from Prop. B and K sales tax funds.
(10.5) Authorizing the award of DPW Contract No. 0761J: Contract 56 New Traffic Signals, to King C. Electric, as the lowest responsive and responsible bidder, for a total contract amount of $469,891. (Explanatory documents include a staff report, resolution and financial plan.) (DPT)
(10.6) Approving the SFgo System Integrator Request for Proposals, and authorizing the Director to issue the RFP, conduct a competitive selection process and negotiate a contract with the selected consultant for an amount not to exceed $700,000. (Explanatory documents include a staff report, resolution and RFP text.) (DPT)
On motion to approve the Consent Calendar (Item 10.5 severed):
ADOPTED: AYES - Black, Casey, Din, Kasolas, and Vaughns
ABSENT - McCray
Barry Taranto asked that Item 10.5 be severed. He is confused about what the contract is for and wondered what intersections they plan to use. He couldn't find the information about the intersections on the website.
Bond Yee, Traffic Engineer, stated that the three intersections are Duncan and Guerrero, 21st and Guerrero and Clarendon and Laguna Honda Blvd.
On motion to approve Item 10.5:
ADOPTED: AYES - Black, Casey, Din, Kasolas, and Vaughns
ABSENT - McCray
11. Authorizing the Director to execute Amendment No. 7 to Contract CS-123, Professional Design and Support Services for Muni Metro Third Street Light Rail Project, with WPK Third Street Consultants, to settle Contract claims for extra design work and provide for additional construction support services, in an amount not to exceed $1,500,000, and for a total contract amount not to exceed $11,481,206. (Explanatory documents include a staff report, resolution and financial plan.)
No public comment.
Director Casey asked for an explanation about why some of these costs weren't included in the initial bid or even anticipated in that bid. Executive Director Burns commented that some of the extra cost was due to unanticipated site conditions and other costs were to fund construction support services. The contract was awarded in 1999, at which time it was anticipated that the contractor would perform both design and construction support services. The design services were funded in 1999 but the construction support was on an as-needed basis.
Vince Harris, Deputy General Manager, Construction added that the consultant is the only consultant for the Third St. Project. At the time that the contract was awarded, it included basic design services and anticipated construction services. Now that the project is underway, staff has a better understanding of the scope of construction services and that portion of the project can proceed.
Director Casey stated that the approach seems unorthodox and, if the work has already been completed, then the Board has no choice but to approve the contract amendment. D.G.M. Vince Harris noted that a portion of the work has been completed and that the work for the construction phase, in the amount of $675,000, has not been expended.
Director Casey asked that the Board be alerted to situations like this in advance. If the Board didn't approve the contract, the consultant would have a lawsuit against the MTA and claim that he did work that he wasn't compensated for. He feels somewhat resentful about being put in this situation in what amounts to a rubber stamp by the Board. The MTA is in a severe financial crisis and a large portion of money has been spent without the Board's approval. These issues should be raised as it's happening and not after the fact. Chairman Vaughns agreed with Director Casey, adding that there have been other contracts that have come before the Board where contractors have performed work without Board approval. Either get approval or don't do the work.
Director Din asked about the impact this has given the ceiling on the Third St. Budget. Vince Harris stated that the cost is included in the budget given to the Transportation Authority. He understands what the Board is saying about notification when staff is in negotiation with a contractor about this type of work. He added that it is important to realize that a schedule delay would have been significant. He will keep the Board informed on a more proactive basis. Director Casey stressed that it's incumbent upon staff to bring a dilemma of this nature to the Board and have the Board make the decision.
Exec. Director Burns commented that Director Casey is right on. This is an old practice that staff has been trying to change for the past few years. Staff does have a new procedure in place for notifying the Board when these situations arise. In retrospect, there should have been notification when the issue first arose. The contractor has proceeded at his own risk but with Muni's supervision and good will. He appreciates Director Casey's point about the budget crisis but clarified that the money for this project is federal dollars and couldn't be used to supplement the operating budget to avoid layoffs or service cuts. He assured the Board that this contract is the only one of its nature.
On motion to approve:
ADOPTED: AYES - Black, Casey, Din, Kasolas, and Vaughns
ABSENT - McCray
RECESS REGULAR MEETING AND CONVENE CLOSED SESSION
1. Call to Order
Chairman Vaughns called the closed session to order at 5:13 p.m.
2. Roll Call
Director Black recused herself from the closed session due to her association with SEIU.
Present: Mike Casey
Recused: Shirley Breyer Black
Absent: James McCray, Jr.
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 (Black, McCray-absent).
4. Pursuant to Government Code Section 54957.6(a) and Administrative Code Section 67.8, the Municipal Transportation Agency Board shall meet in closed session for:
CONFERENCE WITH LABOR NEGOTIATOR
CCSF Representative: Larry Williams and/or his designees
_ X __ Wages
ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 6:29 p.m.
12. Announcement of Closed Session.
Chairman Vaughns announced the board met in closed session for a conference with their labor negotiator. There was no action taken.
13. Motion to disclose or not disclose the information discussed in closed session.
On motion to not disclose the information discussed: unanimously approved (Black, McCray- absent).
ADJOURN - The meeting was adjourned at 6:31 p.m.
A tape of the meeting is on file in the office of the Secretary to the Municipal
Transportation Agency Board of Directors.
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