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1.   Call to Order

Chairman Vaughns called the meeting to order at 4:01 p.m.

2.   Roll Call

  • Present:  
  • Shirley Breyer Black
  • Wil Din
  • Peter Mezey
  • Cleopatra Vaughns

Absent at Roll Call:   

  • Michael Kasolas  
  • 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 June 15, 2004 Regular Meeting: unanimously approved (Kasolas, McCray-absent).

5.   Communications


6.   Introduction of New or Unfinished Business by Board Members

Director Din requested a presentation on the Geary Corridor Transit Improvements Project.   Executive Director Burns will provide a full presentation to the board on July 20 th .  

7. Executive Director's Report

    -Special Recognition Award  

    -Legislative Update

    -Sunshine Labor Agreements

    -CARB Approval

    -Civil Grand Jury Report

    -Ongoing Activities

Executive Director Burns presented this month's Special Recognition Award to Rodney Blalock.   Mr. Blalock has been with MUNI for 5-1/2 years working as a Custodian in the Maintenance Division at Pier 80.   He is a member of the Custodial Department Quality Circle Group and has been active in the Eyes and Ears Program.   Mr. Blalock does a very good job as a "beat cop" for his areas of responsibility and quickly picks up on situations out of the ordinary and that may be of consequence. Recently, he took notice of a group of individuals, in and around a light rail vehicle who were acting in a suspicious manner.   Mr. Blalock stated that he is honored and privileged to accept this award.   For the past year, he has been living the Mission-Vision-Values statement by developing trust with his co-workers.   He is proud to work for Muni.   Chairman Vaughns expressed her congratulations on behalf of the Board.   Your vigilance is unprecedented and we appreciate your efforts to continue to keep us safe.

The Budget Committee has forwarded the MTA budget to the Board of Supervisors.   The vote is expected on July 13.   The Budget Committee had a tough job this year and scrutinized every department budget.    Our budget was passed out of committee without recommendation.   The Board of Supervisors may adopt, reject or take no action on the budget.   If they take no action, the budget will go into effect.   I will continue to keep the Board advised.    The budget needs eight votes to reject it.   If that occurs, the budget will be returned to the MTA.   A new budget will be prepared and presented to the MTA Board and Board of Supervisors for approval.

Related to the budget, last week Supervisor Daly placed a motion on the Board of Supervisors agenda asking that the budget be rejected prior to a full review.   That motion was rejected by a 7-4 vote.  

The Mayor introduced the Taxi Commission legislation that transferred the powers and duties of the Taxi Commission to the MTA.   The Budget Committee continued the ordinance to the call of the Chairman on July 2nd .   I expect they will reconsider the legislation after the budget season has ended.   Staff is working with the Mayor and the former Taxi Commission Director to be prepared if the legislation passes.  

On July 8, the Rules Committee will consider Supervisor Sandoval's proposed charter amendment, which changes several aspects of Proposition E.   Staff is watching this matter closely and will keep the Board informed of any developments.   This legislation gives line item budget control to the Board of Supervisors, sets a cap on the salary of the Executive Director and provides for auditing by the Controller.

Today the TWU, Local 250A Labor Agreement is being "sunshined". Proposition E, requires public disclosure of the contents of tentative agreements, and a cost analysis for at least 30 days prior to adoption by the MTA Board.   On June 29, this contract was overwhelmingly ratified by the membership by 1123 to 415.   This begins the 30-day sunshine period required prior to action by MTA board to adopt the agreement.  

On June 24th the California Air Resources Board (CARB) overwhelmingly voted to modify emission standards for transit buses allowing California transit agencies to purchase diesel hybrid electric buses. This decision allows Muni to proceed with procurement of hybrid buses immediately.   The decision enables Muni to procure hybrid buses and will be key to helping Muni achieve the goals of its Clean Air Plan and ultimately reach zero emissions fleet-wide by the year 2020.   Muni has made significant progress on its Clean Air Plan and has reduced particulate matter emissions by 88% to-date.  

A Report by the Civil Grand Jury has been released and provided to the Board.   The California Penal Code requires a response by the department and the Board of Directors within 60 days.   The Board of Supervisors is required to respond within 90 days.   We will provide a response once it is prepared.  

On Thursday, July 8, 2004, the 42nd Annual Cable Car Bell Ringing Contest will take place at 12:00 Noon in Union Square. Seven challengers will compete for the World Champion Cable Car Bell-Ringer title.   In addition, there will be a contest for six local non-profit organizations competing for prizes. The contest is sponsored by Muni, the Union Square Association, the Friends of the Cable Car Museum and ING Financial.

San Francisco AutoReturn, the interim operator of the tow contract, has terminated the services of its security sub-contractor, Guardsmark. Guardsmark has been replaced with Cal Bay Protective Services.   In addition, John Wicker, President and CEO of AutoReturn, extended an invitation for a tour of the tow facilities to representatives of SEIU, Local 24/7, which lodged the original complaint against Guardsmark. The representatives were impressed by AutoReturn's efforts in improving conditions at the facilities and its responsiveness in addressing their concerns.

Director Mezey congratulated Bond Yee and DPT for their efforts to issue citations to and confiscate placards of people who use the disabled placard illegally.   This has been an extremely frustrating situation.   Increased enforcement is a great way to go at it.  

Director Kasolas joined the meeting and asked to return to the previously completed agenda item, New or Unfinished Business.   Chairman Vaughns honored his request.   Director Kasolas requested that the Bike and Traffic Calming reports that had originally been requested for the July 20 th meeting be moved to the August meeting.   Chairman Vaughns directed staff to continue both reports to the August 10 meeting.

Director McCray joined the meeting.

8. Citizen's Advisory Council Report

Dan Murphy, Chairman, CAC presented the CAC's recommendations pertaining to the Bike Plan.   The CAC is happy to hear about the CARB decision regarding the purchase of diesel hybrid vehicles.    They had previously been in contact with CARB to urge them to make the change.   The CAC hopes it will clear the way towards implementation of Muni's clean-air plan.   The CAC has reviewed and supports the Inner Geary Project.   It's a great example of being able to do an awful lot with a little money.   Recently, a comment was made to the Board by a member of the public suggesting that all the CAC's recommendations weren't being presented to the Board.   All recommendations are presented both verbally and in writing.

9.   Public Comment

John Friedlander just wanted to say hello.   He has a background in transportation and appreciates the Board's time.

John Nulty spoke about the Inner Geary Corridor proposal to remove five bus stops.    This is an injustice to Muni as a whole and to the Civic Center area.   This plan doesn't take into account the vast disabled population in the area.   This will affect the neighborhoods' ability to access major corridors, either in- or outbound.   It makes no sense to remove five stops to get to the Richmond district faster.  

Richard Allman spoke about Geary Corridor Plan.   He is concerned about the discontinuance of stops in one of the densest neighborhoods in San Francisco.   This neighborhood justifies the frequency of bus stops.   He handed a petition signed by over 300 people to the Board Secretary. There are a high number of seniors and disabled people in an area where there is steep access in and out of Geary and O'Farrell.   Muni did convene a public hearing on April 14 to discuss the plan but the neighborhood wasn't unanimous in their support of the project.   This plan, which will increase speeding in the neighborhood, doesn't seem to have been coordinated with DPT.  

Oliver Duffy thinks that cutting five stops along Geary and O'Farrell is excessive.   Some of the bus stops are being moved to the center of the block.   At transfer points, this will make people hustle over 1/2 block to catch their connection.

Barry Taranto wanted to remind the Board that a Board of Supervisors committee realized that the Taxi Commission legislation wasn't refined enough.   He doesn't know if the MTA wants it under their purview.   Does the Exec. Director want to discipline cab drivers?   Muni needs more inspectors.   The operators on the 14-Mission take their coffee breaks together.   Temporary route changes need better communication.   Russian speaking riders didn't know where to catch the 22-Fillmore during the Jazz Festival. Muni needs to worry about dealing with buses that are bunched together rather than worry about cab drivers.   It's important to address issues in the legislation before this merger takes place.   PCO's should tag people who double park, especially during peak periods.  

William Sisk, TWU-250A, stated that operators have a big problem getting into bus zones because taxi cab drivers sit there.   They need to be ticketed.



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. CSE Insurance, Superior Ct. #CGC03424720, filed on 9/24/03 for $5,300
  2. Theoun Sok, Unlitigated Claim #0402025, filed on 1/20/04 for $6,500
  3. Marcio Ortiz, Unlitigated Claim #0400019, filed on 7/2/03 for $11,000
  4. Yelena Khash, Superior Ct. #421286, filed on 6/10/03 for $14,250
  5. Colin Ching, Unlitigated Claim #0401296, filed on 11/3/03 for $21,000

Chairman Vaughns noted that Item 10.1D, the Yelena Khash settlement, listed a filing date as happening prior to the incident.   She asked the Deputy City Attorney to provide clarification.   D.C.A. Kennedy stated that it is most likely a typographical error and is not an important factor in resolving the claim.   He will follow up with the appropriate staff in the City Attorney's office.


(10.2) Approving the following traffic modifications:

  1. ESTABLISH - TOW-AWAY, NO PARKING, 10 PM TO 6 AM, EVERYDAY - Lathrop Ave, south side (400-600 blocks) and Lathrop Ave, north side (600 block).
  2. EXTEND - TOW-AWAY, NO STOPPING ANYTIME - Bayshore Blvd., west side, from 220 feet to 310 feet south of Bacon St.
  4. RESCIND - TOW-AWAY, NO STOPPING MONDAY TO FRIDAY, 7 AM TO 9 AM - Folsom St, east side, from 12th to 14th Sts; ESTABLISH - TOW-AWAY, NO STOPPING ANYTIME - Folsom St, east side, from 75 feet south to 112 feet north of 13th St, and ESTABLISH - BICYCLE LANES - Folsom St, northbound, from 11th to 14th. (Explanatory documents include a staff report and resolution.) (DPT)


(10.3) Authorizing the Director to designate the following classifications as "service-critical": 0942 Manager VII; 0955 Deputy Director V; 5277 Planner I; 7308 Cable Splicer; 7363 Powerhouse Electrician; MA01 MTA Manager I; MA02 MTA Board Secretary; and MA03 MTA Overhead Line Worker. (Explanatory documents include a staff report and resolution.) (MUNI)

Item 10.3 was severed from the Consent Calendar at the request of a member of the public.


Sylvia Lynch, SEIU 790, asked for clarification about what these duties are and why a clerical position such as the Board secretary would require designation as "service critical".   She asked if these classifications would receive merit pay and if it was included in the budget.    

Chairman Vaughns stated that the Board Secretary supports the Municipal Transportation Agency.   Exec. Director Burns added that one of the criteria for being designated as "service critical" is that the position regularly provides information to the public.   The Board Secretary does that on a more than regular basis. Incentive pay is subject to the provisions of the various labor agreements.   Staff does "meet and confer" with the affected unions prior to these designations.   While the MTA would like to see the entire organization designated as "service-critical", staff has honored the wishes of those unions who do not agree to the "service-critical" designation.  


On motion to approve Item 10.3:

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

                                  NAYES - Din

(10.4) Authorizing the Director to submit a supplemental appropriation request for $3,000,000 in lease-leaseback revenues to purchase from New Jersey Transit and partially restore 11 Presidents' Conference Committee streetcars. (Explanatory documents include a staff report and resolution.) (MUNI)


(10.5) Recommending that the Board of Supervisors concur with the Controller's determination that it is more economical for the Municipal Transportation Agency to contract for paratransit services than to provide the same service with City employees for the period of Fiscal Year 2004-05. (Explanatory documents include a staff report, resolution, Controller's analysis and financial plan.) (MUNI)


(10.6) Recommending that the Board of Supervisors concur with the Controller's certification that it is more economical for the Municipal Transportation Agency to contract for facility security services than to provide the same services with City and County employees for fiscal year 2004-2005.   (Explanatory documents include a staff report, resolution, Controller's analysis and financial plan.) (MUNI)


Chairman Vaughns stated that Items 10.5 and 10.6 appear to be late.   This is unacceptable and she will suggest that the Board not take action on late items in the future.   She asked the Executive Director to be sure that staff is aware of the Board's position.   Exec. Director Burns responded by saying that late submissions have been a problem but he has directed staff to have all "Prop. J" certifications complete by January.   He noted that there are at least two additional certifications that will be on the July 20 calendar.  

(10.7) Authorizing the Director to execute Modification No. 2 to Contract No. MR-1145, Third Street Light Rail Project: Hester Avenue to Sunnydale Avenue, with Shimmick Construction/ Homer J. Olsen, to extend the time to complete the contract work from May 17, 2004 to July 9, 2004, at no cost.   (Explanatory documents include a staff report, resolution and modification.) (MUNI)


No public comment.

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

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



11. Adopting an overall annual goal of 26 percent for DBE contracting in Department of Transportation-assisted contracts for Federal Fiscal Year 2004-2005.   (Explanatory documents include a staff report, resolution and methodology.)

No public comment.


On motion to approve:

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


12. Authorizing execution of the proposed Fourth Amendment to the Parking Citation Processing and Collection Services Agreement with PRWT Services, which grants a two-year extension of the current Agreement, commencing September 24, 2004, and increasing the contract "not to exceed" amount from $47,200,000 to $65,000,000. (Explanatory documents include a staff report, resolution and amendment.)

No public comment.

Director Mezey noted the great progress that DPT has made under this contract, both in revenue and in the number of citations.   It's been remarkable.   PWRT has done a great job in collecting money for the city.

Director Din noted that the resolution number in the first "whereas" clause of the resolution does not agree with the resolution number in the staff report.   Chairman Vaughns requested that the Board Secretary make sure the resolution had the correct information.


On motion to approve:

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

13. Authorizing the Director to execute a Cooperative Agreement with the State of California to allow Caltrans to issue Contract No. 04-171204, Lombard/Richardson Street Signal Upgrade, to upgrade 14 traffic signals on Lombard/Richardson Street (Route 101) from Franklin Street to Lyon Street, at a total contract cost not to exceed $2,523,514.   (Explanatory documents include a staff report, resolution and financial plan.)

No public comment.


On motion to approve:

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

ADJOURN - The meeting was adjourned at 5:00 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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