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1.   Call to Order

     Chairman Flynn called the meeting to order at 4:09 p.m.

2.   Roll Call


  • Shirley Breyer Black
  • Mike Casey
  • Wil Din
  • 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 January 6, 2004 Regular Meeting: unanimously approved.

5.   Communications

Director Burns announced that due to activity on the tow contract, he is asking the Board to meet in closed session for a conference with the City Attorney to discuss anticipated litigation with the city as plaintiff.   He noted that pursuant to Section 54956.9C of the Brown Act and Section 67.7 (e) (2) of the Administrative Code, a policy body could take actions on an item that doesn't appear on the posted agenda.    The Board would have pass a motion finding that the need to take action is imperative and poses a threat of serious injury to the public interest and that the need for action came to attention of the Board after the agenda had been posted.   The closed session would take place upon conclusion of the regular agenda.

No public comment.

On motion to hold a closed session finding that the need to take action is imperative and threatens serious injury to the public interest if action were deferred and that need for this action came to the attention of the policy body subsequent to the agenda being posted:   unanimously approved.

6.   Introduction of New or Old Business by Board Members

     (6.1) Election of MTA Board Chairman and Vice Chairman pursuant to MTA Rules of Order

      On motion to elect Director Vaughns as Chairman:   unanimously approved.

      On motion to elect Director Kasolas as Vice Chairman: unanimously approved.

Chairman Vaughns thanked her colleagues for their confidence.   She recognized that the board is indebted to Immediate Past Chairman Flynn, with whom it has been a privilege to serve.   Vice Chairman Kasolas also thanked the board for their vote.

Chairman Vaughns asked the Immediate Past Chairman to continue with the agenda.  

7. Director's Report (For discussion only)

    -Third Street Light Rail Project Budget

    - FY2005 MTA Budget

    -Ongoing Activities

Director Burns thanked Immediate Past Chairman Flynn for his leadership and expressed his appreciation for his guidance over the years.   He congratulated Chairman Vaughns and Vice Chairman Kasolas on their election.  

DPT has been conducting a Holiday Toy Drive since 1998, coordinated by Parking Control Officer Alicia Hopkins.   This year over 1,000 toys were donated to San Francisco General Hospital, the Potrero Hill Health Clinic and other facilities throughout the city. Congratulations on a successful toy drive.

The Controller's Audit of the Transportation Authority is expected to be complete this week.   Prop. B funds for the 3rd St. Project are being held but they are expected to be released in February.

Recently DPT staff has made numerous improvements to the Plymouth and Monterey.   Staff will monitor the impact of these changes and will continue to work with the neighborhood.    Staff also began an area-wide traffic study.

Vince Harris, Deputy General Manager, Construction gave an overview of the Third St. construction and project funding.   Staff will be requesting $14.1 million in additional funds for administration of the Construction Manager/General Contractor construction method, construction of a loop at Mission Bay and for the Apprenticeship Program.

In response to a question by Director Din, Mr. Harris noted that the southern terminus is currently funded at $17 million.   This amount may change pending final discussions with the neighborhood.

Director Burns began the second presentation of the MTA's FY05 budget, which primarily deals with expenses and revenues.   Staff is working with the Mayor's Budget Office to develop solutions that match the city's budget.   They will present a detailed budget and suggestions for resolving the deficit at the next meeting.

Alicia Fletcher, Muni's Budget Manager, and Julia Dawson, Deputy Director, DPT Finance presented the FY'05 budget including the fiscal outlook, revenues, expenditures and various appropriations.  

Immediate Past Chairman Flynn asked staff to show the actual budget for last year so that the line items of both budgets could be compared.

8. Citizen's Advisory Council Report

Daniel Murphy, Chairman, CAC offered congratulations to the newly elected Chairman and Vice Chairman on behalf of the CAC.   The CAC recommends extending the delivery of information to passengers via bus shelters and signs. The CAC also suggested that Muni notify people when Passenger Service Reports are closed as people feel that their complaints aren't being acted upon.

He also discussed the Kirkland property reuse proposal and recommended that cost savings and the cost of deadheading buses be included in any plan.   Maximization of revenue should be considered.   The CAC has reviewed a proposed advertising policy and urges its' approval.

9.   Public Comment

Barry Taranto noted that he has had two positive experiences with Muni and DPT.   An operator waited to see if he wanted to catch the bus one day.   At DPT, he was able to get a quick hearing and response over a citation he was protesting.   He is concerned that DPT is gouging the Taxi Commission for costs and suggested that DPT look at their fare structure and charge fees that are more appropriate.   DPT should also consider taxis as being an adjunct to Muni.  



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:

A. Mary Thomas, Superior Ct. #178736 filed on 6/8/00 for $0.00

B. Guy Thomas, Superior Ct. #409009 filed on 6/11/02 for $689 (DPT)

C. Farmers Ins., Superior Ct. #408065 filed on 5/17/02 for $850.68

D. Loretta Bush, Superior Ct. #402862 filed on 12/26/01 for $2,000

E. Mikis Georghiou, Superior Ct. #409447 filed on 6/21/02 for $2,666.69

F. Progressive Ins., Unlitigated Claim #0400757 filed on 9/15/03 for $5,489.23

G. Mercury Insurance, Unlitigated Claim #0400366 filed on 8/6/03 for $7,274.69

H. Li Fang Zhang Tam, Superior Ct. #404760 filed on 2/20/02 for $20,000

I. Angela Dobbins, Superior Ct. #416553 filed on 1/21/03 for $25,000

J. Margie Owen, Superior Ct. #417366 filed on 2/13/03 for $35,000

K. Ernest Edward Emig, Superior Ct. #316284 filed on 10/31/00 for $60,000 (DPT)

L. Felicia Urey-Gaye, Sampson Gaye, Superior Ct. #407170 filed on 4/25/02 for $65,000


(10.2) Approving the following traffic modifications:

A. ESTABLISH RESIDENTIAL PERMIT PARKING AREA "X" - Missouri Street, both sides, between 20 th and 22 nd Streets; Sierra Street, north side, between Missouri and Texas Streets.
B. ESTABLISH TOW-AWAY, NO STOPPING ANYTIME -Plymouth Avenue, east side, from Monterey Boulevard to 60 feet northerly; Cesar Chavez Street, north side, from 35 feet to 85 feet east of Connecticut Street; Cesar Chavez Street, south side, from Connecticut Street to 85 feet easterly.
C. ESTABLISH TOW-AWAY, NO PARKING ANYTIME - Edgar Place, east side, from 80 feet south of Niagara Avenue to the southern terminus.
D. ESTABLISH PERPENDICULAR (90-DEGREE ANGLE) PARKING - Ellis Street, south side, from Laguna Street to 350 feet westerly; Waller Street, north side, from Divisadero Street to Broderick Street; Market Street, north side, between the east and west curb lines of Steuart Street
E. RESCIND NO PARKING ANYTIME and ESTABLISH NO PARKING, 7 AM TO 6 PM, EXCEPT SUNDAY - Vega Street, north side, between Anza Vista and Nido Avenues and Nido Avenue, west side, between Turk and Vega Streets
F. RESCIND TOW-AWAY NO PARKING, 9 PM TO 6 AM, EXCEPT SATURDAY AND SUNDAY and 10-MINUTE GREEN ZONE, 9 AM TO 6 PM, EVERYDAY and EXTEND PARKING METER AREA NO. 1 (30-MINUTE METERS, 7 AM TO 6 PM, EVERYDAY) - Market Street, north side, between the east and west curb lines of Steuart Street
G. RESCIND TOW-AWAY, NO STOPPING, 3 PM TO 6 PM, EVERYDAY and ESTABLISH TOW-AWAY, NO STOPPING, 3 PM TO 7 PM, EVERYDAY -3rd Street, both sides, from Mission to Market Streets, 3rd Street, west side, from Howard to Mission Streets.   (Explanatory documents include a staff report, and resolution.) (DPT)


Barry Taranto asked that Item 10.2G, extending the Tow-Away zone on 3 rd St. by one hour be severed.   He stated that while the staff proposal is necessary, the West side of 3 rd St. should be exempted.   Argent Hotel has a lot of business and overzealous PCO's will tag taxi drivers who pick up passengers there.   He asked the board to either continue the matter or exempt the West Side of Third St.  

Bond Yee, Traffic Engineer responded by saying that between 6:00 p.m. and 7:00 p.m. there is heavy traffic use, including buses, and much congestion.   There is some impact to the Museum of Modern Art and to the Argent Hotel but neither entity objected at the public hearing.   Extending the restriction to 7:00 p.m. is important for smooth traffic flow.   He requested that the board approve the staff recommendation.


On motion to approve Item 10.2G:

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

(10.3) Approving Modification No. 6 to Contract No. MR-1146, Third Street Light Rail Project: Traction Power Systems Project , with Mitchell Engineer to substitute EG Construction for the listed subcontractor, Doliver Construction.   (Explanatory documents include a staff report, resolution, modification and financial plan.) (MUNI)

Chairman Flynn commended Vince Harris and his staff for their responsiveness to the concerns expressed by the board at the last meeting.  


On motion to approve the Consent Calendar (10.2G severed):

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




11.   Consenting to the jurisdictional transfer of the Geneva Office Building and Powerhouse and portions of property surrounding the building to the Recreation and Park Commission; finding the actions are categorically exempt from CEQA and authorizing the Director to enter into an MOU with the Commission. (Explanatory documents include a staff report, resolution, map and MOU.)

No public comment.


On motion to approve:

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

12. Authorizing the Director to execute Contract Modification No. 12 to Contract No. 309 with ANSALDOBREDA for completion of the video surveillance retrofit; installation of the Emergency Brake Acceleration Limiting Device; overhaul of the brake system; funding for spare parts and repair of damaged vehicles; and modification of the delivery schedule, payment schedule, warranty provisions, and other terms and conditions; in an amount not to exceed $9,148,576, and for a total contract amount not to exceed $407,155,455. (Explanatory documents include a staff report, resolution and contract modification.)

No public comment.


On motion to approve:

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

13. Authorizing the Director to submit a supplemental appropriation request for $12,275,000 in lease-leaseback revenues to fund operational safety and passenger security enhancements in Modification No. 12 to Contract No. 309 with ANSALDOBREDA.   (Explanatory documents include a staff report, and resolution.)

No public comment.


On motion to approve:

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

14. Authorizing the Director to execute Amendment No. 3 to Contract CS No. 114, Consulting Engineering and Support Services for the Trolley Coach Replacement Program with Booz Allen Hamilton to increase the contract amount by $1,201,884, for a total amount not to exceed $7,635,384, and to extend the term of the contract to December 31, 2006. (Explanatory documents include a staff report, resolution and contract amendment.)

No public comment.


On motion to approve:

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



1.   Call to Order


Immediate Past Chairman Flynn called the closed session to order at 5:30 p.m.

2.   Roll Call


  • Shirley Breyer Black
  • Mike Casey
  • Wil Din
  • 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
  • Gerry Norman, Deputy Director, DPT
  • Julia Dawson, Deputy Director, Finance

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 Sections 54956.9, and Administrative Code Section 67.8 (3) the Municipal Transportation Agency Board will meet in closed session to discuss attorney-client matters in the following case:


Anticipated Litigation:

______ As defendant __ X __ As plaintiff

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 6:12 p.m.

15. Announcement of Closed Session.

Immediate Past Chairman Flynn announced the board met in closed session for a conference with the city attorney over anticipated litigation with the city as plaintiff.   The board took no action.

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

On motion to not disclose the information discussed: unanimously approved (Casey-absent).

ADJOURN - The meeting was adjourned at 6:13 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

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