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1. Call to Order

Chairman Vaughns called the meeting to order at 4:07 p.m.

2. Roll Call

Present: Mike Casey
Wil Din
Michael Kasolas
James McCray, Jr.
Cleopatra Vaughns

Absent: Shirley Breyer Black
H. Welton Flynn

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 February 17, 2004 Regular Meeting and the February 27, 2004 Special Meeting: unanimously approved (Black, Flynn-absent).

5. Communications


6. Introduction of New or Unfinished Business by Board Members

Director Din requested an update on the Kirkland Reuse Project.

7. Director's Report (For discussion only)

-Special Recognition Award
-Muni Quarterly Service Standards Report
-DPT Quarterly Service Standards Report
-Quarterly Report on Key Capital Projects
-Clean Air Plan
-Page St. Traffic Circles
-Ongoing Activities

Executive Director Burns is pleased to present the March Special Recognition Award to Dorothy Fields who staffs the front counter at Human Relations. Ms. Fields started her career as a transit operator in 1991. In her current position, she has consistently provided outstanding service to Muni employees. She goes out of her way to offer reliable and friendly service. Ms. Fields thanked everyone adding that the job is exactly what she wanted and is where she needs to be as she loves to help people. Chairman Vaughns extended her appreciation on behalf of the board.

APTA recently held it's annual Legislative Conference in Washington, D.C. Directors Vaughns and Kasolas attended the conference on behalf of the MTA. Other city representatives included Supervisors Ammiano and Dufty. Meetings were held with Congressman Pelosi, Senator Boxer and the staff of Senator Feinstein to discuss federal priorities, including the continuation of funding for Third Street as a top priority.

Over the next weekend, anti-war demonstrations are being planned. This will require rerouting of buses and the deployment of PCO's to manage traffic.

Muni has arranged for a number of public meetings to discuss the proposed service adjustments. A notice about these meetings has been posted on buses and on-line. Staff will gather sign-in sheets, collect comments and suggestions made by the public and will report back to the board in April. The MTA budget was submitted on time to the Mayor and Board of Supervisors.

Notice to Proceed was issued for the Metro East project. Because of the contracting method that will be used for this project, approximately 60 subcontracts will be coming forward to the board within the next 90 days.

Chairman Vaughns asked staff to include information about Muni's outreach efforts when they present the Geary Transit Improvement Project.

Fred Stephens, Muni General Manager, presented the Quarterly Service Standards Report for the quarter ending Dec. 31, 2003. The on-time performance goal was 82% but Muni achieved 68%. Recent data on this measure shows improvement and Muni is currently at 71.5%. Staff doesn't expect to meet the 85% on-time performance goal by July 1. While Muni has put much time and energy into this goal, it has taken longer than expected to achieve it.

Chairman Vaughns expressed her appreciation to Mr. Stephens, Hursh and Johnson for the tour. She noted that while Muni has come a long way in four years, it needs to come together as an organization to either meet the 85% goal or say that it's unrealistic. Fred Stephens knows that staff is very concerned about the goal and that given the complexity of Muni's system, modes and schedules, they are making progress. Chairman Vaughns asked staff to look at it more pointedly as 68% is unacceptable.

Director McCray asked staff to report back to the board about why people aren't passing probation. He asked for information about the residency of these employees as well.

Director McCray also inquired about on-time performance on weekends. He consistently hears from people that they can't get to church on time. General Manager Stephens said that he would look into it.

Director Kasolas asked staff to include information about what was actually achieved in addition to the goal for prior years for future Service Standard reports. He asked for information about the on-time performance of other transit properties. G.M. Stephens said he would provide the information.

Gerry Norman, Deputy Director, Department of Parking & Traffic presented the DPT quarterly Service Standards. Staff will present a report to the board about the Citations division once it is complete.

Exec. Director Burns announced that on March 2, Prop I was passed by voters. Jose Cisneros, Deputy Director, External Affairs and Marty Mellara, Assistant Electrical Engineer, presented Muni's Clean Air Plan. The key point is to have a zero emission fleet by 2020 by using fuel cell and battery powered buses in the fleet. With the purchase of 375 low emission diesel buses and installation of particulate matter traps on older buses, Muni has reduced emissions by 88% between 1997 and 2003. Muni has the lowest emissions per passenger rate in the state. Muni plans to maximize the use of zero emission vehicles and incorporate the use of hybrid buses. The California Air Resources Board is considering changes to their regulations. Muni has always been in full compliance with state and federal mandates. Some of the Prop I deadlines are more aggressive than what Muni can achieve. Prop. I includes replacing the reserve fleet, but doesn't identify any funds to accomplish that task. Muni is looking at how to address that issue.

Exec. Director Burns commented that the Controller estimates the cost will be $20 million over and above the standard bus replacement program. The timeframe outlined in Prop. I doesn't coincide with federal timeframes. Muni hopes that Prop. I's passage will bring people together to focus on the common goal of finding funding sources and lobbying for appropriate legislative changes. Muni isn't saying that they can't meet the schedule but the timeframes are extremely ambitious as there is no money identified to replace the reserve buses.

Bridget Smith, Manager, Liveable Streets Program and Manito Velasco, Traffic Calming Program Manager presented the Page St. Traffic Circle Project. This project has created much controversy and staff is moving the project into the end of the trial phase. The residents in the neighborhood have been asked to vote on the issue. Pending the outcome of the vote, and input received from other city departments such as the Fire and Police departments, staff will evaluate the viability of installing permanent traffic circles.

8. Citizen's Advisory Council Report

Dan Murphy, CAC Chairman noted that the CAC had neglected to thank Peter Straus for walking them through the proposed service adjustments. The CAC has also met with Nelson Nygard on their draft audit of the MTA's Service Standards. The CAC feels strongly about the 85% on-time performance standard as it is unlike other standards. This one is imposed by city charter and is not subject to change, unless by a vote of the people. BC Transit in Vancouver has more stringent standards. The CAC has recommendations regarding the Geary Improvement Project, and thinks it is a terrific program to improve transit for a small amount of money. It's an excellent example of thinking about affordable programs that can have a large impact. They support the Clean Air plan in concept. It's the best possible plan that exists given the constraints and is the most responsible plan possible. The CAC endorses changing the CARB NOx emission standard as certifying the hybrid bus is essential. Muni should conduct a marketing campaign asking riders to take their trash with them and car cleaners should be put at major terminals. The speed of resolving Passenger Service Reports is important but the total number of PSR's received doesn't correspond to rider satisfaction. DPT should incorporate the Transit First policy into their mission statement. Annual pedestrian accident and fatality reports should be part of DPT's service standards as well as response time for driveway tows. (Chairman Vaughns thanked Mr. Murphy for the valuable information.)

9. Public Comment

Stephanie Sellai, GCA Strategies, pointed out that the Page St. Traffic Circles are very controversial. The Fire Department is against them and they have received many letters from residents who are opposed. Neighborhood associations are also opposed as well as the Mayor's Disability Council. Bridget Smith has recommended against the project and, since grant funds have run out, the project should be reconsidered.

Jens Raduschewski lives on Fillmore and Hayes where the noise of the 22-Fillmore buses is excessive and louder than most car alarms. Something has to be done. He recognizes the need to assist people with disabilities but neighbors are subjected to beeping every 10 minutes, 24 hours per day. He will discuss this further with Mike Hursh, the Deputy G.M., Maintenance.

Barry Taranto wonders why LRV on-time performance is so poor when LRV's have a dedicated right of way. The board needs to get a quarterly report on citations so they know how PCO's are focusing their efforts. A task force should be created to settle the rift between PCO's and cab drivers. Muni buses are taking over the cabstand on 4th and Townsend. They should stage their buses at another location. Ricardo Villea should receive a special award for diligently removing signs on Mission St.



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. Allstate Insurance, Superior Ct. #420515, filed on 5/15/03 for $919.69
  2. Allstate Insurance, Superior Ct. #CGC03422483, filed on 7/16/03 for $1,739.92
  3. Linnette Oakley, Superior Ct. #411184 filed on 8/4/02 for $3,500
  4. Pauline Sapp, Superior Ct. #323165 filed on 7/24/01 for $3,500
  5. Marciano Bahlio Bravo Filho, Unlitigated Claim #0402081 filed on 3/28/03 for $7509.12
  6. Rippe Properties, Unlitigated Claim #9401142 filed on 10/20/03 for $9,192
  7. Paul Alvis, Superior Ct. #425262 filed on 10/0/03 for $11,000
  8. Sabrina Cortez, Unlitigated Claim 0302874 filed on 2/28/03 for $12,941.62
  9. Ronald Fong, Unlitigated Claim 0401195 filed on 10/23/03 for $14,261.33
  10. Hanna Joan McAuliffe, Superior Ct. #307759 filed on 11/9/99 for $25,000
  11. Jessica Miller & Amanda Ceja, Superior Ct. #413649 filed on 10/17/02 for $25,568.20


(10.2) Approving the following traffic modifications:

  Washington Street, south side, between Stockton and Powell Streets

B. ESTABLISH TOW-AWAY NO STOPPING ANYTIME - Monterey Boulevard, north side, at Circular Avenue, from the west end of the driveway of 66 Monterey Boulevard to the east end of the driveway of 76 Monterey Boulevard.

C. ESTABLISH RESIDENTIAL PERMIT PARKING AREA "N" (2-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH FRIDAY) - 14th Avenue, both sides, between Anza Street and Geary Boulevard and Cabrillo Street, both sides, between 14th and 15th Avenues.

D. ESTABLISH RESIDENTIAL PERMIT PARKING AREA"Z"(2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - Church Street, both sides, between 26th and Cesar Chavez Streets.

E. ESTABLISH RESIDENTIAL PERMIT PARKING AREA "O" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - 20th Avenue, west side, between Ulloa and Vicente Streets.

F. ESTABLISH RESIDENTIAL PERMIT PARKING AREA "R" (2-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY) - Willow Street, south side, between Buchanan and Laguna Streets and 1200 and 1300 blocks of Buchanan Street, east side, between Larch Way and Willow Street. (Explanatory documents include a staff report, and resolution.) (DPT)


(10.3) Authorizing the Director to accept and expend $82,400 in federal Technical Study Grant funding for the FY2004 Short Range Transit Plan Interim Update and the FY2006 SRTP. (Explanatory documents include a staff report and resolution.) (MUNI)


(10.4) Authorizing the Director to issue a Request for Proposals for Contract No. CS-140: Construction Management Services for the Paratransit Debit Card System, to evaluate and select the highest-ranking proposer, and negotiate a contract with the selected proposer, for an amount not to exceed $300,000, and term not to exceed five years. (Explanatory documents include a staff report, resolution and financial plan.) (MUNI)


No public comment.

On motion to approve:

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

ABSENT - Black and Flynn,



11. Authorizing the Director to execute an emergency interim service agreement and property use license for towing, storage and disposal of abandoned and illegally parked vehicles with TEGSCO/San Francisco Auto Return, on substantially the same terms applicable under the current contract for a term commencing in March 2004, for the purpose of maintaining continuity of service and protecting the public welfare while the City negotiates a long-term contract for these services. (Explanatory documents include a staff report, contract and resolution.)


Mark Gleason, Teamsters Local 6, thanked the Board for their concern about the workers. They have achieved recognition and look forward to moving forward.

Chairman Vaughns stated that the Chairman and the Director of Transportation have authorized the execution of this agreement pursuant to the City's emergency provisions. The action before the board is to ratify the execution of the interim agreement.

Director Casey asked for information about the number of workers that will be impacted by the waiver and for how long. Gerry Norman, DPT deputy director, replied that the waiver applies to the subcontractors who are mostly current subcontractors with City Tow. The waiver will last for the duration of the temporary contract, which is expected to terminate in 60 to 90 days. The long-term contract clearly calls for the full compliance of the MCO and health benefits.

Jim Ruben, Attorney for Tegsco/AutoReturn, commented that they have been asked to step up to fill in a hole. They haven't had a chance to survey each of City Tow's subcontractors as negotiations for the long-term contract and for the transition plan have been happening "round the clock".

Director Casey made a motion to amend the resolution to stipulate that the waiver of these provisions would be in place for not longer than 60 days. Director McCray seconded the motion.

Julia Friedlander, Deputy City Attorney stated that the contract has already been executed. If the board adopted the amendment, it would require a contract modification. Adoption of a contract modification would be presented to the board at a future meeting. Because the contract has been fully executed, AutoReturn would have to agree with the amendment.

Exec. Director Burns commented that AutoReturn will be stepping into City Tow's shoes in five days, and will be responsible for all towing in the city. This interim contract is the best way to continue with the current arrangement while negotiating a long-term contract. If Director Casey's amendment is adopted, at the end of the 60 days, if the long-term contract hasn't been fully adopted, we will have a serious problem. It's in everybody's interest to move this contract quickly.

On motion to amend the resolution to provide a waiver for not longer than 60 days:

AYES - Casey, McCray

NAYES - Kasolas, Din, Vaughns

ABSENT: Black and Flynn

The amendment failed adoption.


On motion to ratify:

ADOPTED: AYES - Din, Kasolas, McCray and Vaughns

NAYES - Casey

ABSENT - Black and Flynn


12. Authorizing the award of a contract to Sedgwick Claims Management Services for Workers' Compensation Third Party Claims Administration, in an amount not to exceed $3.183 million per year for five years, with the option of three one-year extensions to be exercised at the sole discretion of the MTA. (Explanatory documents include a staff report, resolution and contract.)


William Rutland, representing Intercare, the service provider for the past two years, is concerned about their reputation. They have consistently provided a quality product yet received the lowest score in the process. They are entitled to know why they weren't selected.

Kevin Hamm, Intercare, requested a debriefing as they were told by staff that they would receive it. Throughout the past two years, they were told they were doing an excellent job. They understand the competitive bid requirement, but this is strange. Prices went up substantially because of the inclusion of additional services in the RFP such as rehabilitation counselor. Even with that increase they are still $600,000 less than the Sedgwick proposal.

Exec. Director Burns noted that there have been a few non-substantive and non-material changes to the contract, all favorable to the MTA. If the board approves this item, these changes will be made to the contract. Intercare did step into a situation two years ago on short notice and has performed well under the contract. This award is simply a matter of the competition required of any public entity. Staff will meet with Intercare to provide the requested information.

Director Casey suggested that unions and other employee organizations be included in the process of selecting a vendor in cases where employees are the end users of the product. In addition, a survey should be conducted among employees to determine if the care they received was acceptable. He is concerned about changing a contract without involving the workers through their union.

Exec. Director Burns commented that the suggestion has merit. Staff does hold regular joint labor management meetings to discuss employee issues. The City Charter obligates the MTA to use the competitive bid process.


On motion to approve:

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

ABSENT - Black and Flynn

13. Authorizing the Director to submit a supplemental appropriation to the Board of Supervisors for $2,235,683 to fund contract oversight, completion and closeout costs; construction of an operator restroom; beautification of the subway vent and; maintenance costs from the Mission & Steuart Hotel project. (Explanatory documents include a staff report and resolution.)

Glenda Lavigne, Local 200 is unsure about the oversight of these funds. She wonders if we really need to beautify a vent when we're laying off people.

Norman Rolfe reminded the board that abandoning this sight as a terminal exposed Muni to additional expenses. Another big item caused by the hotel construction is the cost of the noise isolation of the track slab. Muni should recover these and other operational costs.

Exec. Director Burns reminded the board that this is a request for authorization for a supplemental appropriation as part of the project. All of these funds are coming from the developer in accordance with the agreement. To expend these funds, Muni needs appropriation authorization. The developer is paying for all costs associated with the hotel and these are not funds that are coming out of Muni's operating budget.


On motion to approve:

ADOPTED: AYES - Din, Kasolas, McCray and Vaughns


ABSENT - Black and Flynn



1. Call to Order

Chairman Vaughns called the closed session to order at 7:03 p.m.

2. Roll Call

Present: Mike Casey
Wil Din
Michael Kasolas
James McCray, Jr.
Cleopatra Vaughns

Absent: Shirley Breyer Black
H. Welton Flynn

Also present: Michael T. Burns, Director of Transportation
Roberta Boomer, Board Secretary
Julia Friedlander, Deputy City Attorney
Fred Stephens, General Manager
Mike Hursh, Deputy General Manager, Maintenance
Kerstin Magary, Senior Project Manager
Mike Chinn, Senior Operations Manager
Robin Reitzes, Deputy City Attorney

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, Flynn, 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:


Anticipated Litigation:

The board secretary noted that the board was meeting with counsel to discuss anticipated litigation.

(4.1) Approving a settlement with Electric Transit Inc. (ETI), whereby ETI will be relieved of its warranty, bonding, liquidated damages (including late deliveries and fleet defects), excess weight penalties, and other various obligations under Contract No. 888, and the City will be released from any claims that ETI (or its shareholders) might assert arising out of the Contract, in exchange for ETI undertaking a $4,500,000 retrofit program, providing $8,000,000 for Muni's use, providing Muni with $3,000,000 for spare parts, $50,000 for re-assembly of paint booths, rent payments on Pier 15 for five years, a guaranty from AAI Corporation of certain performance under this Settlement Agreement, furnishing parts, equipment, facilities, and technical support to Muni, and assigning all existing subcontractor and supplier warranties and other obligations to Muni.


On motion to approve:

ADOPTED: AYES - Casey, Kasolas, McCray and Vaughns


ABSENT - Black and Flynn

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 7:35 p.m.

14. Announcement of Closed Session.

Chairman Vaughns announced the board met in closed session to discuss the ETI settlement with the city attorney. The board voted to settle the case by a 4 to 1 vote with Director Din opposed. (Black, Flynn-absent).

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

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

ADJOURN - The meeting was adjourned at 7:38 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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