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1.   Call to Order

     Chairman Flynn called the meeting to order at 4:10 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 December 2, 2003 Regular Meeting: unanimously approved.


5.   Communications

The board secretary announced that Item 10.5, the Mission-Steuart supplemental appropriation had been removed from the agenda at the request of staff.

6.   Introduction of New or Old Business by Board Members


7. Director's Report (For discussion only)

    -Special Recognition Award  

    -FY04 and FY05 Budget

    -Update on Plymouth and Monterey

    -Ongoing Activities

Director Burns is pleased to present the January 2004 Special Recognition Award to Muni Operator, Glen Erven.   Mr. Erven has been at Muni for over 24 years and has been on the F-Line since 2000.    Mr. Burns received a letter from one of Mr. Erven's riders who called him "unfailingly cheerful and courteous".   Mr. Erven is a role model for all employees.   Mr. Erven appreciates the recognition and accepts it on behalf of the people who have been instrumental in his life.   He added that you start as a bus driver and have to earn the title of transit operator.    Chairman Flynn expressed appreciation on behalf of the board.

Service on New Year's Eve was quieter than in previous years with the weather contributing to the low turnout.   The estimated crowd along the Embarcadero was 30,000 with approximately 25,000 others attending the football game.   Muni was free from 8 p.m. until 6 a.m. as planned and DPT staff was out in force throughout the city.   Thanks are due to all DPT and MUNI personnel who worked for their commitment to the public.

Director Burns and staff met with residents who live in the neighborhood of Plymouth and Monterey to discuss the traffic problems in the area.   Staff has identified a number of actions that can be taken in and around the intersection, including lane changes, crosswalk upgrades and improved signage.   The community is currently reviewing this plan.   Implementation could begin by the end of the month.   Staff will evaluate the intersection and will take before and after measurements to evaluate the impact of these changes on the neighborhood.  

The construction contract for the Octavia Blvd. Project has been awarded to Ghilotti Brothers who will begin work this month.   An area-wide study has been published that reviews alternate touchdown designs.   DPT has 18 PCO's who work in the area to assist with detours and congestion.  

Proposition I, the "Healthy Air Act" will be on the March Ballot that could affect Muni.   It was put on the ballot by four supervisors and will require Muni to replace all of its' pre-1991 buses before 2007.   This accelerates the California Air Resources Board's deadlines and would require Muni to replace approximately 150 vehicles, including 45 vehicles in the reserve fleet.    The cost to replace these vehicles would be over $100 million.   Muni can identify about $70 million in various funds to use if the measure passes.   Muni has been aggressive with it's campaign to replace old buses with clean diesel buses.   If the department had been allowed to purchase all the vehicles it had asked for, this measure would not have been necessary.   Muni believes that the hybrid diesel-electric vehicles are the right choice for San Francisco and staff is working with CARB to get approval for these vehicles.  

Construction is progressing on the Third St. Project. Staff is working with the community-based organizations to get their support for the Apprenticeship Program.   The Transportation Authority is not releasing any funds until the Controller's audit is complete.   This project has enough money to cover expenses through the spring.  

Muni raised almost $24,000 for the annual American Heart Association walk.   James Waterfield at the Kirkland division was the top fundraiser for the entire campaign.  

Director Kasolas asked that the board be notified when the Plymouth and Monterey trial begins and ends and that staff present a report upon completion detailing the results.

In response to a question by Director Kasolas, Director Burns stated that there needs to be a change in the CARB regulations to allow Muni to buy hybrid diesel buses.   He added that even if they had their approval, Muni wouldn't make the Prop I deadline.   If Prop. I passes, it will create a conflict.   Muni wants to see the same thing accomplished.   If the recommendation of the MTA had been followed a few years ago, these buses would have been off the street today.

Chairman Flynn is concerned about the Controller's audit of the Transportation Authority and the possibility that it might halt the Third Street Project.   Director Burns concurred adding that Muni would have to shut it down if there is no money.   Chairman Flynn asked to be kept updated on the status of the audit.

Director Burns introduced the FY04 and '05 budgets by saying that the city hasn't come out of the economic downturn and while the budget deficit is smaller than last year, it could be harder to solve.   There will be no significant increases to fares, fines, or fees.   Similar challenges are being faced around state with the increase in the cost of health care, workers compensation.  

Gigi Harrington, Muni Deputy General Manager of Finance and Julia Dawson, DPT Deputy Director Finance presented FY04 and FY05 budgets.    Muni's '04 budget is short by $8.4 million.   Staff will put the same processes and procedures in place as they did last year to stay within budget.  

For FY05, the deficit is $25.6 million.   This figure could get worse and it assumes no changes to worker wages and retirement except for transit operators.   It anticipates that the current 7.5% employee contribution will continue.   For the first time since the early '90's, city departments will have to pick up the employer contribution to the retirement system.

Larry Williams, DGM, Human Relations clarified that the 7.5% retirement contribution was, for most unions, a one year deal only.    All unions have a reopener on this issue.   Gigi Harrington added that the cost of the employee contribution is approximately $10-12 million.   Director Burns noted that the MTA's approach is consistent with the citywide planning efforts.

Julia Dawson, DPT Deputy Director, Finance, noted that there is a projected deficit of $1.5 million for FY04, mostly due to a 25% decrease in the use of parking meters.   The FY05 deficit is $2 million, assuming that anticipated revenues stay at the '04 levels.  

Director Burns concluded by saying that there is an combined deficit of $27.6 million.   Staff is looking at a variety of tools used in past including controlling costs, service management, labor participation, and new revenue sources.  

8. Citizen's Advisory Council Report

No report was made.

9.   Public Comment

Barry Taranto hopes that 2004 brings prosperity to everyone.   People aren't parking or taking taxis but are staying on Muni.   PCO's should get double parkers on Castro and on Polk Sts. as people are parking for an extended period of time.   He is glad to hear that more cabstands are being installed.   Existing stands need to be enforced and the cost for illegally parking at those stands should be increased to $100.  



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. Kenyetta Brewer, Superior Ct. CGC400199, filed on 1/8/03 for $1,500
B. State Farm, Superior Ct. #418626, filed on 3/24/03 for $2,435.48
C. Leonids Makrusins, Unlitigated Claim #0400609, filed on 8/2703 for $2,495.71
D. Chik To Wong, Superior Ct. #407954, filed on 5/16/02 for $3,047
E. Rosa Ruderman, Superior Ct. #318470, filed on 2/27/01 for $6,000
F. Auxiliadora Pichardo, Superior Ct. #410280, filed on 7/18/02 for $8,700
G. John Clark, Superior Ct. #407796, filed on 5/9/02 for $10,000
H. Truck Insurance Exchange, Superior Ct. #CGC03420841 for $10,000 filed on 5/28/03
I. James Burrell, Superior Ct. #315752, filed on $10/10/00 for $17,500
J. Oswaldo Cruz, Superior Ct. 423513, filed on 3/5/03 for $22,000
K. 555 California St. Partners, Superior Ct. 96829 filed on 3/24/95 for $66,334


Chairman Flynn asked staff to do a better job when they prepare calendar items as the figures listed for the Makrusins case are incorrect and the amount asked for is in excess of the claim.

(10.2) Approving the plans and specifications and authorizing bid call for Contract No. MR-1194, System-wide Rail Grinding Project. (Explanatory documents include a staff report, resolution and financial plan.) (MUNI)

Chairman Flynn asked staff to pay closer attention to the details in staff reports, as the contract number listed on the financial plan is different.


(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 continues to be concerned about change orders on contracts, calling it an old trick that is used to get more money.   He asked staff to continue the item until information could be provided about the amount of the original bid and the amount of the next lowest bidder.   Director Kasolas asked that the requested information be provided for all contract modifications.

No action was taken.   Item 10.3 was continued to the next meeting.

(10.4) Authorizing the Director to execute the Seventh Amendment to Contract No. CS-116 with the Association of AGS, Inc. and Gannett Fleming, Inc. for Design and Construction Support Services for Muni Metro East Light Rail Vehicle Maintenance and Operations Facility, to extend the Agreement by six months, for a total contract time of six years at no additional cost. (Explanatory documents include a staff report, resolution, agreement and financial plan.) (MUNI)


(10.5) Authorizing the Director to submit a supplemental appropriation request to the Board of Supervisors for $1,485,683 to fund the relocation of layover activities and operator restrooms; reimburse project development, oversight maintenance and support costs; and beautify subway vent as required by the Arts Commission for the Mission Steuart hotel development. (Explanatory documents include a staff report, and resolution.) (MUNI)

This item was continued at the request of staff.

(10.6) Authorizing the Director to execute and file an application for $1,987,000 of TEA 21 Section 70 program funding with the U.S. Department of Transportation for Muni's Next Bus Real Time Vehicle Location Information project.   (Explanatory documents include a staff report, and resolution.) (MUNI)


(10.7) Authorizing the Department of Public Works to reject all proposals for Contract No. 6179A: DPT Signal Shop Remodel Contract and authorizing DPT to advertise the availability of the new bid package and solicit proposals.   (Explanatory documents include a staff report, resolution and financial plan.) (DPT)


(10.8) Authorizing the approval of Department of Parking and Traffic's sole source contract with Fourth Dimension Traffic for D4 software licenses for Type 2070 Signal Traffic Controllers for 65 signal traffic controllers at intersections along the Third Street Light Rail corridor at a cost of $35,100, and up to 1,700 hours of training and consulting services for an amount not to exceed $94,265, for a total contract amount not to exceed $ 129,365. (Explanatory documents include a staff report, resolution and financial plan.) (DPT)


No public comment

On motion to approve the Consent Calendar (Item 10.3 and 10.5 severed):

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




11.   Authorizing the Director to execute the "Special Transit Fare Agreement between the City and County of San Francisco and the Bay Area Rapid Transit District," which extends the use of the Muni Fast Pass ® on BART in San Francisco through December 31, 2004, and increases the reimbursement from Muni to BART to $0.87 per ride. (Explanatory documents include a staff report, resolution and agreement.)


Bruce Oka commented that the issue of discount passes and stickers for disabled Muni riders on BART has been an ongoing issue for years.   He attended a BART board of directors meeting recently and informed them that the policy regarding the disabled and senior community in San Francisco is discriminatory and if it continues, MAAC and others will organize a protest action up to and including a class action lawsuit to correct this discriminatory practice.   MAAC passed a resolution giving BART directors ninety days to come up with a solution.   This is clearly not Muni's doing and Muni has always supported this change.

Edward Mason agrees with Mr. Oka.   San Francisco has no parking lots for BART while the East Bay has parking structures that cost $40,000 per space.   There's a trade-off that needs to be negotiated.  

Director Burns stated that he did meet with Mr. Oka and Mr. Planthold and also met with Tom Margro.   BART continues to be a reluctant partner and they believe that this arrangement unfairly subsidizes San Francisco riders.   The technology issues continue but will be resolved with the installation of new fare gates.  


On motion to approve:

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


12. Urging the Board of Supervisors to approve the lease agreement and authorizing the Director to execute the lease with the Union Pacific Railroad for approximately 600 feet of the Union Pacific Railroad's track at Third Street and Carroll Avenue for a term of 25 years, for $10 per year, and a one-time administrative fee of $500 per lease, for a total cost of $750, and requiring the City to maintain and repair the track and construct and maintain a railroad crossing signal system. (Explanatory documents include a staff report, resolution and agreement.)

No public comment.


On motion to approve:

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

13. Authorizing the Director to request proposals, and negotiate a contract with the highest ranked qualified advertising firm for Exclusive Rights to Install, Display and Maintain Advertising on Muni Revenue Vehicles and m etro Platform Display Sign System for a term not to exceed five years.   (Explanatory documents include a staff report, resolution and RFP.)

No public comment.


On motion to approve:

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



1.   Call to Order

    Chairman Flynn called the closed session to order at 5:36 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
  • Fred Stephens, General Manger
  • Mike Hursh, DGM, Maintenance


3.   Discussion and vote pursuant to Administrative Code Section 67.11(a) as to whether to conduct a closed session and invoke the attorney-client privilege.

On motion to invoke the attorney-client privilege: unanimously approved.

4.   Pursuant to Government Code Section 54956.9 and the Administrative Code Section 67.8 (3), the Municipal Transportation Agency Board will meet in Closed Session to discuss and take action on attorney-client matters in the following case:


Existing Litigation:   


              (4.1) Joseph Ravicini, Superior Ct. #412938, filed on 10/23/03 for $675,000


On motion to approve:

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

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 5:45 p.m.

14. Announcement of Closed Session.

Chairman Flynn announced the board met in closed session to discuss the Ravicini case 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.

ADJOURN - The meeting was adjourned at 5:46 p.m.

A tape of the meeting is on file in the office of the Secretary to the Municipal Transportation Agency Board of Directors.

Roberta Boomer

Board Secretary

The Ethics Commission of the City and County of San Francisco has asked us to remind individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [ 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:


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