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1. Call to Order

Chairman Vaughns called the meeting to order at 4:03 p.m.

2. Roll Call

Present: Shirley Breyer Black

Wil Din

  Michael Kasolas

Peter Mezey

Cleopatra Vaughns

Absent: James McCray, Jr. - with notification

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 might be removed from the meeting.

4. Approval of Minutes

Director Kasolas asked that the minutes be amended to reflect his request that staff: look at transfers and provide information to the Board about savings that could be achieved; look at fare collection and quantify the size of the problem and what they're doing to address it; and get back to the board about the cost to run empty buses.

On motion to approve the minutes of the December 7, 2004 Regular Meeting as amended:

unanimously approved (McCray-absent).

5. Communications

Board Secretary Boomer announced that item 10.1 (C), the Marwin Wilson claim had been continued to the January 18 meeting at the request of Chairman Vaughns. In addition, Item 10.7, Issuance of an RFP for janitorial services had been continued to the January 18 meeting at the request of staff.

6. Introduction of New or Unfinished Business by Board Members

Director Kasolas requested a study be prepared related to the impact of deteriorating roadways on Muni vehicles. He also requested that staff prepare, in matrix format, a list of the top 20-25 transit agencies fare structures, using the most recent data available. He asked that staff compute what percent fare box revenue. Chairman Vaughns requested that staff use the most current data available to prepare the report.

Chairman Vaughns acknowledged that staff had provided written reports in response to requests from past meetings.

7. Executive Director's Report (For discussion only)

-Special Recognition Award

-Ongoing Activities

Executive Director Burns stated that he was pleased to present the January Special Recognition Award to William (Bill) Neilsen who has been a principal engineer with the city for over 30 years. Bill is a valued and gifted employee, an engineering icon; and his knowledge and project expertise are legendary. Bill has worked on numerous projects, from the "F"-Line Embarcadero to Cable Car Restoration to our Third Street LRT extension. Most recently, Bill was asked to serve on the American Public Transit Association's "Rail Transit Standards and Recommended Practices" Task Force. Bill worked long hours in addition to his normal workload to represent the agency on a national level and his efforts culminated in rail standards and practices that are now being put in place for transit properties throughout the United States. Bill's career is an example of hard work and tenacity in the face of change. Chairman Vaughns acknowledged and commended Mr. Neilsen on behalf of the Board of Directors.

On a sad note, Mr. Burns announced that Alicia Fletcher, acting Finance Director had accepted the position of Chief Administrative Officer at the Planning Department and Julia Dawson, DPT Director of Finance was also leaving to join the Fire Department as Chief Financial officer. He called both women instrumental in the budget process and recognized and thanked both for their hard work and dedication. Chairman Vaughns thanked Ms. Fletcher and Ms. Dawson for the remarkable job they had done for the organization and wished them well.

This year Muni contributed $52,543 to the Combined Charities Campaign. Last year, Muni employees donated $27,000. DPT contributed $10,314 this year. Last year, DPT gave $19,681.

The combined MTA total of $48,944 is an increase of over six percent from last year. Congratulations to MTA coordinators Darryl Stitt and Janet Michaelson for their hard work on this project.

On December 14, 2004, Muni held a public meeting to update the community on the progress of the New Central Subway project as part of their on-going public outreach process. Major changes to the project, as reported to the Board, include the 4 th Street alignment and a deep tunneling option. An additional ten million dollars was secured from the federal government for the project. Congresswoman Nancy Pelosi memorialized the Phase 1/Phase 2 local match fund language in the appropriations bill. The next community meeting will be held on January 6 at Yerba Buena Center. Next steps include value engineering, additional public meetings, and environmental updates as necessary.

The Transportation Authority and Board of Supervisors approved the Inner Geary Project on December 14 th with the condition that funding would be contingent upon elimination of only three stops rather than the five stops originally approved by the MTA Board. Staff will be bringing the item back to the MTA Board for authorization to eliminate the three stops.

Supervisor Alioto-Pier has introduced legislation amending the Traffic Code to exempt alternative fuel vehicles, including CNG, Electric and Hybrid vehicles from parking meter payments with time limits still applicable. The legislation would go into effect July 1 and have a 12-month sunset clause. DPT is working with various agencies to try to determine the number of vehicles that are currently registered in the Bay Area and San Francisco that would qualify for this exemption in order to determine the potential fiscal impact. DPT has requested that the Supervisor's office consider a permitting process that would ease in the identification of these vehicles. Parking Control Officers could experience several difficulties if the legislation is implemented including how to tell vehicles apart, the potential for fraud and for enforcing time limits.

Director Mezey requested that a recent New York Times article be distributed to the Board. It suggested that alternative fuel buses weren't as promising as they were originally held out to be.

Chairman Vaughns recognized the DPT biannual report.

Chairman Vaughns stated that the Agency was losing revenue due to rear-door boarding. She requested that staff involve labor in undertaking a study to identify the extent of lost revenue and review what the agency was doing with respect to the issue.

8. Citizen's Advisory Council Report

No report.

9. Public Comment

John Friedlander expressed hope that everyone will have a good year.

Roger Bazeley proposed that a white ladder crosswalk enhancement program at major tourist attractions might help to the budget. He suggested that enhancements be made in active transit corridors.

David Pilpel expressed appreciation to Ms. Fletcher and to Ms. Dawson. He clarified that his comment on December 12 was that staff should pursue taxes other than a parking tax, at this time.

Howard Strassner stated that it would be helpful to know what nearby private parking garages were charging. He noted that some garages had little net operating revenue. Staff should present garage rates and revenue on a historical basis.



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:

  1. Latara Reed, Superior Ct. #420857 filed on 5/28/03 for $2,000
  2. Peggy Elaine Cosmas, Superior Ct. #CGC03418121 filed on 3/7/03 for $4,500
  3. Marwin Wilson, Unlitigated Claim #0501110 filed on 9/30/04 for $5,775.64
  4. Sheila Golden, Unlitigated Claim #0500675 filed on 8/24/04 for $7,037.22
  5. Elizabeth Ing, Superior Ct. #429869 filed on 3/24/04 for $11,000
  6. Jose Armando Ramirez, Superior Ct. #01401901 filed on 11/30/01 for $17,500
  7. Jose Jimenez, Superior Ct. #CGC04044291 filed on 9/1/04 for $32,000
  8. Michael Kellner, Superior Ct. #411335 filed on 8/9/02 for $60,000

Item 10.1 (C) was removed from the agenda and continued to the January 18 meeting at the request of Chairman Vaughns.


(10.2) Approving the following traffic modifications:

A.   ESTABLISH - TOW-AWAY, NO STOPPING - Evans Avenue, west side, from Napoleon Street to 100 feet northerly and Evans Avenue, east side, from Napoleon Street to 120 feet northerly.


C.   RESCIND - PARKING METERS - Columbus Avenue, north side, west of Greenwich Street, rescinding #802 to increase the length of an existing Bus Zone.

D.   ESTABLISH - NO LEFT TURN - 505 Parnassus Avenue, driveway exit.

E.   ESTABLISH - TOW-AWAY, NO PARKING ANYTIME - 15th Street, south side, between Harrison Street and Treat Avenue.

F.   RESCIND - 10-MINUTE PARKING TIME LIMIT, 9 AM TO 6 PM, EVERYDAY - 15th Street, north side, from Harrison Street to 8 feet easterly.

G.   ESTABLISH - UNMETERED MOTORCYCLE PARKING - 15th Street, north side, from Harrison Street to 7 feet easterly.

H.   ESTABLISH - 20-MINUTE TIME LIMIT, 9 AM TO 6 PM, EVERYDAY - 15th Street, north side, from Alabama Street to 50 feet westerly.

I.   ESTABLISH - RIGHT OR LEFT TURNS ONLY - Baker Street, northbound, at Turk Street.

J.   ESTABLISH - BUS ZONES - San Bruno Avenue, west side, from 75 feet to 120 feet north of the Woolsey Street intersection, a 45-foot bus zone extension creating a 120-foot zone; San Bruno Avenue, east side, from 75 feet to 120 feet south of the Wayland Street intersection, a 45-foot bus zone extension creating a 120-foot zone; Marina Boulevard, south side, from 20 feet to 140 feet west of Laguna Street; Division Street, south side, from Bryant Street, to 130 feet easterly and 19th Avenue, east side, from the intersection of Eucalyptus Drive to 100 feet southerly.

K.   ESTABLISH - RED (NO PARKING ANYTIME) ZONES - Marina Boulevard, south side, from Laguna Street to 20 feet westerly.

  1. RESCIND - UNMETERED MOTORCYCLE PARKING -18th Street, north side, from the west property line of #3922 - 18th Street to 7 feet easterly. (Explanatory documents include a staff report, and resolution.) (DPT)

Item 10.2 (I) was removed from the consent calendar at the request of the public.


Ralph Lewin called the proposed modification a good first step. He noted that Turk Street was a speedway and this solution would not slow traffic. It would make it safer for cars but not for pedestrians. He requested that a traffic light be installed and wondered how the neighborhood should go about getting a guarantee for the light.

John Flynn added that cars from Masonic, traveling eastbound are traveling at a high rate of speed due to the lack of stop signs or lights. This intersection is busy and difficult to see. He urged the Board to consider a traffic light for that intersection.

Bond Yee, Deputy Director, DPT stated that staff recognized the need for a signal at the Turk and Baker location. This modification was an interim measure. Staff will recommend funding for a traffic signal during the next funding cycle, but because funding, design and construction work took time, it would take two to three years before a signal was finally installed.

Chairman Vaughns requested that staff consider the Turk and Baker intersection as a priority and to move it forward as expeditiously as possible. Mr. Yee assured the Board that the department would do their best to push this location forward.


On motion to approve Item 10.2(I):

ADOPTED: AYES - Black, Din, Kasolas, Mezey and Vaughns


(10.3) Authorizing the Director to accept and expend $ 39,165,244 9,200,000 in federal Section 5307 and CMAQ capital assistance for the purchase and renovation of an Overhead Lines Maintenance Facility . (Explanatory documents include a staff report, and resolution.) (MUNI)

This item was removed from the consent calendar at the request of the public.


David Pilpel stated that he did not know if the project to acquire and renovate the Burke Street Facility was listed in the Short Range Transit Plan. The plan to renovate the existing facility was listed in the SRTP. He wondered whether the move would proceed if the grant wasn't obtained or if there were other funds available.

Exec. Director Burns stated that the money for the Burke Street project had originally been earmarked for the renovation of 1401 Bryant and there were other funds available.


On motion to approve:

ADOPTED: AYES - Black, Din, Kasolas, Mezey and Vaughns


(10.4) Authorizing the Director to accept, and expend $758,100 in Bicycle Transportation Account and Regional Bicycle and Pedestrian Program funds to stripe and sign bike lanes stripe ladder cross-walks, and build ADA compliant curb-cuts. (Explanatory documents include a staff report, and resolution.) (DPT)

This item was removed from the consent calendar at the request of the public.


Roger Bazeley expressed his support for the item but questioned the allocation of funds amongst bike lanes, crosswalks and curb cuts.



On motion to approve:

ADOPTED: AYES - Black, Din, Kasolas, Mezey and Vaughns


(10.5) Authorizing the Director to apply for, accept , and expend $485,000 $435,000 in Transportation Enhancement Activities funds to engage in for design and engineering work to provide pedestrian street lighting and corner sidewalk bulb-outs within the Geary / O'Farrell corridor , and $1,740,800 $1,541,100 in TEA funds to rehabilitate its historic al streetcar, Historic Streetc C ar # No. 1. (Explanatory documents include a staff report, and resolution.) (MUNI)


(10.6) Authorizing the Director to recommend to the Mayor and the Board of Supervisors the jurisdictional transfer of two parcels of land at Indiana and Cesar Chavez Streets, being portions of Assessor's Lot 1 in Block 4352 and of Lot 5 in Block 4382, from the Public Utilities Commission at their historical cost of $195,280. (Explanatory documents include a staff report, and resolution.) (MUNI)

This item was removed from the consent calendar at the request of the public.


David Pilpel noted that the property had once been owned by Pacific Union Railroad and was now returning to a transportation-related use.


On motion to approve:

ADOPTED: AYES - Black, Din, Kasolas, Mezey and Vaughns


(10.7) Approving an Invitation to Bid for janitorial services for twenty-one metered parking facilities and five Department of Parking and Traffic operational facilities. (Explanatory documents include a staff report, resolution and RFP.) (DPT)

This item was continued to the January 18 meeting at the request of staff.

(10.8) Approving the plans and specifications and authorizing the Director to advertise bid call for Contract No. MR-1211, Presidio Trolley Coach Facility Overhead Reconstruction Project . (Explanatory documents include a staff report, and resolution.) (MUNI)


On motion to approve the Consent Calendar (Items 10.1(C) and 10.7 continued and Items 10.2 (I), 10.3, 10.4, 10.6 severed and considered separately):

ADOPTED: AYES - Black, Din, Kasolas, Mezey and Vaughns




11. Discussion of FY2005 and 2006 budget and possible policy options. (Explanatory documents include a staff report.)

Exec. Director Burns stated that the fiscal situation had gotten worse. Staff had received better information on fuel prices, which were much higher than anticipated for the first six months of the fiscal year. The MTA is in a difficult financial situation that would require difficult choices. The MTA would not be able to address the deficit without making some difficult choices. At the January 18 meeting, staff will focus on parking revenues. They will also update the Board on the status of other revenue initiatives. Following consultation with the Mayor's Office and the City Attorney, staff had determined that the best approach for the MTA would be to try to continue to meet the March 1 st budget deadline but like every other year, it will contain a lot of assumptions.

Mr. Burns also advised the Board that because of items that didn't go forward, such as the failure of two tax measures, and the failure to implement service reductions, the MTA will not be able to resolve the budget deficit without using some Breda Lease/Leaseback funds. In order to end the FY05 with a balanced budget, the MTA will have to use capital funds.

Director Mezey requested a list of project that staff had planned to fund with the Breda Leaseback funds and to identify which projects would now be deferred.

Alicia Fletcher and Julia Dawson presented the FY05 and FY06 budgets. Ms. Fletcher announced that the FY05 budget deficit might be as much as $18 million mostly due to higher fuel prices. She reviewed strategies that staff was pursuing to achieve a balanced budget. She pointed out that for FY06, the MTA would be responsible for 2.5% of the employee's retirement contribution. Muni's projected deficit for FY06 was $52.3 million. DPT had a projected FY06 deficit of .9 million.

Chairman Vaughns again requested a qualitative analysis associated with the budget that identified proposed deficit resolutions. Exec. Director Burns replied that he expects the first full budget document will be presented at the February 1 meeting and will contain descriptions of the proposed solutions.


Peter Lauterborn, SF Youth Commission, stated that he was representing youth who comprise a high number of riders. He commented that many youth don't have cars and were dependent on public transit. Because youth live on fixed incomes, a fare raise was a serious matter. He would like to work with the Board to make sure that a fare increase wouldn't result in decreased ridership. He urged to Board to expand the Class Pass to other schools. He stated that cuts to the Owl service would put people in serious risk of not getting home safely.

Casey Mills observed that the budget proposals could be divided into two camps, taxing car owners or public transit riders. Taxing Muni riders would be a social injustice. By taxing car owners, the Agency could achieve social justice by putting the burden on people who are most able to pay for it. It would also result in cleaner streets and air. He urged the Board to choose social justice and environmental cleanliness.

Herbert Weiner hoped that "MTA" didn't stand for More Trouble Ahead. Every step must be taken to avoid adverse impacts on riders. A fare increase will result in reduced riders and reduced revenue. If Muni cuts runs, it will result in more congestion.

Meredith Walters, who works with a Tenderloin non-profit organization, suggested that the stakes were serious for low-income tenants who have no other transportation options. While she understands the deficit, she encouraged finding other ways to close it. She suggested putting the burden on those that could afford it by increasing parking and garage rates.

Sarah Norr stated that the City, State and Federal governments all faced budget crises. Poor people have had to bear the brunt of the deficit. She asked the Board to try not to add to the burden that has fallen on poor people and to steer solutions towards people who could afford it.

David Pilpel encouraged the Agency to implement the service reductions that had been previously proposed and approved. He was not in favor of eliminating service completely on any line, or reducing service below policy headway levels but noted that there was still significant savings that could be achieved. He urged management to pursue all approaches allowed under the provisions of the Memorandum of Understanding, including using part-time personnel, and providing additional retirement incentives. He emphasized that the Board needed to give policy direction to staff because the longer that the MTA didn't act, the more severe the crisis would be.

Stephen Gildersleeve, Haight Ashbury Neighborhood Council, stated that HANC was opposed to the declaration of fiscal emergency and to service cuts. He added that there was greater opposition to fare increases than there was to service cuts.

David Tornheim, Central City Progressives, stated that Central City Progressives had passed a motion disapproving the fiscal emergency, fare increases, and service reductions. They approved increasing the Transit Impact Development Fee (TIDF), and creating a Downtown Transit Assessment District (DTAD). He advocated for notification of public meetings on buses. He called the issue of fare evasion a red herring because Muni should be free. It takes less time to board a bus when people don't have to pay. Muni should focus on long-term issues instead of raising fares or decreasing service.

Norman Rolfe, SF Tomorrow, has reviewed the possible options and thinks that parking meter and garage rates should be raised immediately. The Agency should work with the Board of Supervisors to place measures on the ballot, pursue a vehicle license fee with the state, and implement a TIDF for all downtown properties. The Agency should hire a political consultant.

Bill Murphy, Mission Agenda, stated that Muni was the only transit game in town. He thinks that the fiscal emergency didn't have to exist and that the Board should disapprove fare increases and service reductions. He suggested taxing car use, increasing the TIDF, and creating a DTAD. Any increase in fares or reduction in service will harm seniors, students, the poor and disabled.

Stafford Parker remembers when fares were a nickel. He relies on public transit and lives on a tight income. He works to pay taxes. Raising fares would hurt poor people.

James Collins, Mission Agenda, stated that an increase in fares would be disadvantageous to riders and a hardship on drivers. Muni drivers were screamed at when fares were raised last year. He thinks that downtown Fortune 500 companies should foot the bill. Rosa Parks helped end segregation across the country on public transportation. If Muni implemented a fare increase, we would be going backwards socially. It's time for downtown to pay their fare share.

Richard Marquez, Mission Agenda, stated that Muni's proposed changes will cost poor people, who have already seen substantial cutbacks in housing. Muni is riding the rails of discrimination on the backs of poor riders. We're not the only transit agency facing a fare increase and budget deficit. Transit riders across country are working with unions to oppose fare cuts. Cleveland voted against a fare increase. It's time to tax downtown and create a DTAD.

Roger Bazeley noted that Muni has been under the gun by various public groups. It doesn't do any good for people to want everything for free. Communism didn't work in Russia, socialism doesn't work and he is getting tired of people wanting things for free. This talk is not benefiting the Agency in putting together a good transit system. He stated that "banging on downtown" will only chase them out of town, which was not healthy.

Tes Welborn stated that the Transit-First Policy is wonderful and should be expanded. She urged the Agency to look at other revenue sources rather than increasing fares. She mentioned the state ordinance that restricts vehicles over 5-6,000 pounds from driving on certain city streets. Staff should consider additional fees for people who ride both Muni and BART, increasing the residential parking permit for registering a second car. The City should stop letting people park for free on the street and should increase the fine for parking on sidewalks. The Agency needs to find a way to charge business who's employees drive into the city.

Jeremy Nelson, Transportation for a Livable City, was adamantly opposed to fare increases and service cuts. As a multi-modal transportation agency, it's time to ask motorists to pay the full social and environmental cost. If every bus on the 14-mission line could save 5 minutes by having dedicated transit line, it could save $250,000. Muni fares are at an all time high historically but gas prices are not. We need to subsidize things we want to see more of, tax things we want to see less of and diversify an expanded revenue base.

Howard Strassner expressed his amazement to find grossly subsidized parking in San Francisco. Increasing the meter rate will force people into garages. The Sierra Club's position is that the basic hourly charge at city-owned garages should be twice the price of a Muni ride. He stated that there were many spots that could be metered and that staff should expand hours of meter operation. The Agency's focus should be to have a parking policy that helps transit move.

Dean Preston stated that he is opposed to the declaration of fiscal emergency, service cuts and fare increases. This is an opportunity to send a strong message on behalf of transit riders. He wondered if the MTA Board had the political courage to tap big revenue sources such as a TIDF and DTAD. He thinks that the question should be whether riders, who are doing the environmentally friendly thing, should be punished. The only revenue raising idea that made sense was to increase ridership.

Chairman Vaughns closed public comment.

Director Din asked if the cost recovery for providing service to sporting events was fully recovered. He considers a fare increase a last resort measure.

Director Mezey agreed with public comments about charging more for parking, including increasing the parking tax, meter and garage rates. He stated that the City was charging a minimal amount for the right for residents to park on the street. While he understands that staff can only charge the amount to recover the administrative costs related to residential permits, he thinks that $27 per year is too low. Staff has charged that amount for years and he finds it hard to believe that costs haven't increased. He doesn't want to discourage people from using public transit by reducing the number of buses available but the Agency was operating many runs on lines that are underutilized. Serious consideration should be given to adding service where it's crowded and reducing service where it's not being utilized.

12. Declaring a fiscal emergency caused by the failure of agency revenues to adequately fund agency programs and facilities for 2005 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.)

Exec. Director Burns stated that the MTA was in full compliance with the requirement to respond to public comments on the declaration of fiscal emergency within thirty days. He stressed that the declaration did not give any special authorization to the Board or to himself to implement service reductions or fare increases outside of the normal approval process. Its' purpose was to allow transit agencies to negate environmental review, a process that takes approximately six to nine months to complete and would add to the deficit. He recognized that individuals and groups were opposed to the declaration and that staff was working cooperatively with those parties. He noted that a fare increase would not impact the FY05 budget deficit and, if approved, would be part of the FY06 budget.

Alicia Fletcher reviewed the definition of and need for the declaration of fiscal emergency and responded to the comments received at the December 7 public hearing.

Chairman Vaughns stated that it appears that staff had fully addressed comments made by the public and by labor with regard to the declaration of fiscal emergency. She recognized that the Agency was working with labor and the public to avoid declaring a fiscal emergency. She asked Mr. Burns if there was any downside to not taking action on the declaration of fiscal emergency at this time. Exec. Director Burns replied that there was no downside to continuing the item. Staff was looking at several initiatives that if enacted, may enable the Agency to avoid the declaration. He added that it was important to keep the item on the table as an option if the Agency wasn't able to realize other savings. Nobody wants service cuts or fare increases but the Agency must pay the bills.


Bill Sisk, President, Local 250-A, stated that TWU was working with the Agency and doesn't see the need for the fiscal emergency at this time. He added that we shouldn't get mad at the players, but we should get mad at the game.

Glenda Lavigne expressed opposed to the declaration of fiscal emergency because there are other ways. She noted that citywide actions will hit Muni as well. She commented that the Agency doesn't need a declaration of fiscal emergency to raise fares. It's needed only to cut service. The 5-Fulton line is in her work area and all she can do is tell people that another bus is coming when runs are missing or when packed buses pass passengers by.

Herbert Weiner described service reductions as "a man about to be run over by a bus, saying "service at last" just before being hit". A declaration will sabotage or destroy the service without anything positive to show for it. He urged the Board not to act, as it will open Pandora's box.

David Tornheim, Central City Progressives expressed opposition to the declaration. There was no public notification and 30-days hadn't elapsed since the December 7 meeting. He suggested that undergoing environmental review would allow people to see what the impacts were so a six to nine month delay wasn't a bad thing. We shouldn't compare ourselves to other cities because San Francisco is more densely populated and relies more heavily on public transit.

Stephen Gildersleeve stated that the Board had had six to nine months to do an environmental review since the item had last been before the board. It will be tough to pass a tax increase because of the required voter approval.

Roger Bazeley expressed the belief that the quality of service is what will chase people away from public transit. A smaller tweaking of fare rates won't drive people away. Bus Rapid Transit will increase ridership. He suggested that the State should get more involved by looking at more regional sharing of funds. He would like to see a cost analysis and forecast of price sensitivities due to ridership increases or decreases.

David Pilpel stated that people who commented at the last meeting should be sent a copy of the Agency's response to their comments. He expressed that a declaration of fiscal emergency was premature at the time and should be continued until the budget was presented.

Ishael Martin, Woods Division Operator, wanted to understand what a fiscal emergency was. As person who has worked for 14 years at Muni, he had a fear that we're being placed in an emergency. Various things had been asked of the employees and they have given what they could. A declaration of fiscal emergency puts at risk the operator's ability to maintain a good attitude. He stated that this declaration was not the way.

Jeremy Nelson, Transportation for a Livable City, stated that if a fiscal crisis existed it was one of Muni's own making. He commended Muni for extending this year's budget process. He urged continuation of the item. A declaration could be avoided pending development of other revenue sources.

Chairman Vaughns closed public comment.

Chairman Vaughns stated that because of existing collaboration between staff, labor and other stakeholders, she requested that the Board sustain her request to continue the item. The Board concurred.

The item was continued at the request of Chairman Vaughns.


13. Revising the Schedule of Fees for use of Muni's vehicles and facilities for excursions and film shoots, and for the rental of the Cable Car barn and museum which shall take effect on January 15, 2005. (Explanatory documents include a staff report, resolution and fee schedule.)


David Pilpel noted that the agenda item didn't discuss the use of the logo. He expressed concern that direct costs over and above operating costs related to the charter or rental should be fully recovered. He noted that the staff report didn't address any the FTA's restrictions and doesn't think costs were fully investigated.

Julia Friedlander, Deputy City Attorney stated that while it would have been best if the resolution had included language regarding the logo, the Board could amend the resolved clause to include "use of the Muni logo".

The item was continued at the request of Chairman Vaughns.



1. Call to Order

Chairman Vaughns called the closed session to order at 7:08 p.m.

2. Roll Call

Present: Shirley Breyer Black

Wil Din

Michael Kasolas

Peter Mezey

Cleopatra Vaughns

Absent: James McCray, Jr.

Also present: Michael T. Burns, Director of Transportation

Roberta Boomer, Board Secretary

Julia Friedlander, Deputy City Attorney

    Stuart Sunshine, Deputy Executive Director

Fred Stephens, General Manager

    Wilson Johnson, Deputy General Manager, Operations

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 (McCray-absent).

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:


Existing Litigation:

(4.1) Karen Taylor, Superior Ct. #423048, filed on 8/1/03 for $665,000


On motion to approve:

ADOPTED: AYES - Black, Din, Kasolas, Mezey and Vaughns


ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 7:21 p.m.

14. Announcement of Closed Session.

Chairman Vaughns announced that the Board met in closed session to discuss Taylor vs. CCSF with the City Attorney. The Board voted unanimously to settle the case.

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

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

ADJOURN - The meeting was adjourned at 7:22 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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