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MTA BOARD MEETING MINUTES
TUESDAY, OCTOBER 15, 2002

ROOM 400, CITY HALL
400 VAN NESS AVENUE
1 DR. CARLTON B. GOODLETT PLACE

4:00 - REGULAR MEETING

ORDER OF BUSINESS

1. Call to Order

Chairman Flynn called the meeting to order at 4:04 p.m.

2. Roll Call

Present:

Shirley Breyer Black
Mike Casey
H. Welton Flynn
Michael Kasolas
Enid Lim
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 September 17, 2002 Regular Meeting: unanimously approved (Kasolas-absent).

5. Communications

None.

6. Introduction of New or Old Business by Board Members

Director Vaughns recognized Chairman Flynn for receiving the APTA "Board Member of the Year" award and asked that the event program be placed in the archives.

7. Director's Report (For discussion only)

Director Burns announced the release of a draft amendment to the 2002-2021 SRTP for public review and comment in accordance with the Bayview Advocates settlement. The amendment is on the website and was distributed to over 300 interested parties. As part of the public review process, the board will hold a public hearing at the Nov. 5 meeting. The board will consider adoption of the amendment at the December 3 meeting.

Director Burns gave an update on the FY2002-2003 Operating budget which forecasts a shortfall of $12.5 million for this year, which includes a revenue deficit and over expenditure in certain areas. Immediate steps are being taken and include a hiring freeze and curtailment of discretionary expenses. Burns is confident that Muni will be within budget by the end of the fiscal year without increased fares or significant service reductions. There may be some minor service reductions.

The 19th Annual Safe Driver Awards Banquet was held. Directors Black, Lim and Vaughns attended and saw 312 operators with 15 to 37 years of accident free driving honored. Thanks go to the JLMB who organized the event with Muni.

The 39th Annual Cable Car Bell Ringing Competition will be held on Thursday, October 17. The event will be at noon in Union Square and is sponsored by the Union Square Association and Viacom.

On Tuesday, October 29, The California Palace of the Legion of Honor will host "Transportation Night". This event is open to Muni, DPT and Taxi Commission employees and their families at a reduced admission. Thanks go to Director Black for encouraging this event.

Director Burns played the video of the APTA Awards Breakfast showing Chairman Flynn's award presentation.

Fred Hamdun presented the MTA Special Recognition Award to Parking Control Officer Daniel Elzie. Mr. Elzie has been a PCO since 1990 and followed in his father's footsteps. Recently he took swift action to save the lives of residents when he saw smoke billowing from a house. After he contacted the Fire Department, he entered the building to alert the residents who all escaped safely. He represents the best the City has to offer. Mr. Elzie thanked the department for the award adding that he did it because help was needed and it was the thing to do. Chairman Flynn offered congratulations on behalf of the board.

Mr. Hamdun reviewed the activities of Car Free Day, calling it a success due to the joint cooperation of many city agencies. Also during Fleet Week and the Playoffs, PCO's were out in force to insure safe and smooth operation of events. The Meter Replacement Project is on schedule and on-track

8. Citizen's Advisory Council Report

CAC Chairman Dan Murphy reported that the CAC continues to work on improving the processes of the council to make better and more efficient use of staff time. He reviewed a number of recommendations they have made, including an Interim plan for the Phelan Loop, continuance of Alternate Fuel testing, improvements to Metro, adding another line to "Proof of Payment", eliminating the Willard Stop on the N-Judah and to insure adequate weekday peak service by not removing too many coaches for special events. (Chairman Flynn noted that all items have been turned over to Director Burns for his consideration.)

9. Public Comment

Richard Midgett appeared before the board to address the issue of the 9-San Bruno driver who brandished weapon on July 28. He has been in communication with Fred Stephens and Muni and believes this to be a qualified threat. He would like to know what will happen to driver who brandished weapon and if the MTA will do anything. (Muni General Manager Fred Stephens reported that the appropriate steps were taken and that Muni has gone as far as they could.)

Roger Bazeley, SF PTA, thanked Muni staff for their rapid response to issues raised regarding school and student safety. He continues to be concerned about the lack of funding for crosswalks.

THE FOLLOWING MATTERS BEFORE THE MUNICIPAL TRANSPORTATION AGENCY BOARD ARE RECOMMENDED FOR ACTION AS STATED BY THE DIRECTOR OF TRANSPORTATION, AND CITY ATTORNEY WHERE APPLICABLE. EXPLANATORY DOCUMENTS FOR ALL CONSENT AND REGULAR CALENDAR ITEMS ARE AVAILABLE FOR REVIEW AT 401 VAN NESS AVE. #334.

CONSENT CALENDAR

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 MUNI:

RESOLUTION 02-114

(10.2) Approving the following traffic modifications:

Perpendicular (90-degree angle) Parking - Establish Van Dyke Street, south side, from the east end of the easternmost driveway of 1355 Van Dyke Street to Ingalls Street.

Residential Permit Parking Area "S" (2-hour time limit, 8 a.m. to 9 p.m., Monday through Friday) - Establish 23rd Street, both sides, between Castro and Noe Streets (4000 block).

Perpendicular (90-degree angle) Parking - Establish Curtis and Rolph Streets, along the traffic island, south side, from the east end to 17 feet westerly (17-foot zone).

Bicycle Lanes - Establish Golden Gate Avenue, westbound from Masonic to Parker Avenues; and Golden Gate Avenue, eastbound from Masonic Avenue to 130 feet westerly.

Residential Permit Parking Area "U" (1-hour time limit, 8 a.m. to 10 p.m., Everyday) - Establish 906 and 925 Howard Street, between 5th and 6th Streets.

Tow-Away, No Stopping Anytime - Rescind The Embarcadero, east side, between Harrison and Howard Streets. (The previously legislated peak Tow-Away hours of 7 a.m. to 9 a.m. and 3 p.m. to 7 p.m. will remain in effect.)

Muni Bus Zones - Establish The Embarcadero, east side, from Folsom Street to 100 feet northerly.

Muni Bus Zone - Extend Fulton Street at Park Presidio Boulevard, extending the #5 inbound bus zone to 120 feet in length.

Unmetered Motorcycle Parking - Establish Green Street, south side, from Montgomery Street to 31.5 feet easterly.

Parking Meter Area No. 3 (2-hour parking time limit, 7 a.m. to 6 p.m., Monday through Saturday) - Establish

Berry Street, both sides, between 3rd and 7th Streets;

Channel, both sides, between 4th and 6th Streets;

Channel, both sides, south of the Commons Street roundabout to Mariposa Street;

Mission Bay Street, both sides, between 4th and North Common Streets;

Mission Rock Street, both sides, between 4th Street and Terry A. Francois Boulevard;

Rincon Street, both sides, between Mission Bay Street and Terry A. Francois Boulevard;

North Common Street, north side, between Owens Street and Terry A. Francois Boulevard;

South Common Street, south side, between Owens Street and Terry A. Francois Boulevard;

South Street, both sides, between 3rd Street and Terry A. Francois Boulevard;

Mariposa Street, both sides, between Illinois and Pennsylvania Streets;

Bay Mud Street, both sides, between Rincon and North Common Streets;

4th Street, both sides, between Channel and Mariposa Street;

Terry A. Francois Boulevard, both sides, between Mission Rock and Mariposa Streets;

3rd Street, west side, from 16th Street to Mariposa Street; and

King Street, both sides, between 5th and Berry Streets.

(Explanatory documents include a staff report, and resolution.) (DPT)

RESOLUTION 02-115

(10.3) Approves the amendment to the Memorandum of Understanding with the Transport Workers Union, Local 250-A rescinding the amendment approved by Board Resolution No. 02-067 which provided for reduction of the city's contribution to the employees retirement system by 2.75% from July 1, 2002 to close of business June 30, 2003 and payment of an ongoing 1% premium to employees commencing July 1, 2003. (Explanatory documents include a staff report, resolution and amendment.)(MUNI)

RESOLUTION 02-116

(10.4) Authorizing the Director to apply for, accept and expend $400,000 in grant funding from the California Department of Transportation to establish a Motorist Information System which will enable DPT and Caltrans to provide traffic information along the Doyle Drive approach to the Golden Gate Bridge. (Explanatory documents include a staff report, and resolution.) (DPT)

RESOLUTION 02-117

(10.5) Authorizing the Director to apply for, accept and expend $360,000 in grant funding from the Hazard Elimination Safety Program to implement emergency vehicle systems at the most critical intersections in order to improve emergency response time and traffic safety. (Explanatory documents include a staff report, and resolution.) (DPT)

RESOLUTION 02-118

(10.6) Authorizing the Director to issue a Request for Proposal for Contract No. MR-1195, Paratransit Debit Card System, to evaluate and interview proposers, select the highest-ranking proposer, and to negotiate a contract for developing, acquiring, installing and implementing an integrated Paratransit Debit Card System for a period of up to five years. (Explanatory documents include a staff report, financial plan and resolution.) (MUNI)

RESOLUTION 02-119

(10.7) Authorizing naming the MUNI right of way at Mission & Steuart as "Don Chee Way", installing a Memorial plaque on the last Fisherman's Wharf stop of the F-Line, and renaming PCC Car No. 1893 as the Don Chee Shuttle. (Explanatory documents include a staff report, and resolution.) (MUNI)

RESOLUTION 02-120

No public comment.

On motion to approve the Consent Calendar:

ADOPTED: AYES - Black, Casey, Flynn, Lim, McCray and Vaughns

ABSENT - Kasolas

Chairman Flynn asked that claims cases be clearer with respect to operator discipline.

Director Burns introduced Eunice Chee, Don's wife and brother, Tom who were in the audience and thanked them for coming this evening.

REGULAR CALENDAR

MUNICIPAL RAILWAY

11. Adopting the Employee Relations Operating Resolution covering employees in service critical classifications. (Explanatory documents include a staff report, and resolution.)

Diana Buchbinder presented the staff report.

No public comment.

RESOLUTION 02-121

On motion to approve:

ADOPTED: AYES - Black, Casey, Flynn, Lim, McCray and Vaughns

ABSENT - Kasolas

12. Authorizing execution of Contract No. CS-134, As-Needed Systems Engineering Services, with Systra Consulting, Inc., to provide professional systems engineering services for a total contract amount not to exceed $750,000, and for a term not to exceed two years. (Explanatory documents include a staff report, resolution, agreement and financial plan.)

No public comment.

Chairman Flynn reminded staff that subcontractors could not be substituted without board approval. Director Burns said that that provision was written into the contract.

RESOLUTION 02-122

On motion to approve:

ADOPTED: AYES - Black, Casey, Flynn, Lim, McCray and Vaughns

ABSENT - Kasolas

13. Authorizing the Director to execute Modification No. 4 to Contract No. 888, Procurement of Standard and Articulated Coaches, with ETI, in an amount not to exceed $4,159,795, for a total contract amount not to exceed $191,728,113.89. (Explanatory documents include a staff report, resolution, amendment and financial plan.)

No public comment.

RESOLUTION 02-123

On motion to approve:

ADOPTED: AYES - Black, Casey, Flynn, Lim, McCray and Vaughns

ABSENT - Kasolas

14. Authorizing the Director of Transportation to execute Amendment No. 6 to Contract CS-123, Professional Design and Support Services for Muni Metro Third Street Light Rail Project, with WPK Third Street Consultants, by an amount not to exceed $2,417,159 for additional engineering design, technical construction support services and to develop and implement a community employment outreach program for the Third Street LRT Project, for a total contract amount not to exceed $9,981,206, with no extension of time. (Explanatory documents include a staff report, resolution, amendment and financial plan.)

No public comment.

RESOLUTION 02-124

On motion to approve:

ADOPTED: AYES - Black, Casey, Flynn, Lim, McCray and Vaughns

ABSENT - Kasolas

RECESS REGULAR MEETING AND CONVENE CLOSED SESSION

CLOSED SESSION

1. Call to Order

Chairman Flynn called the closed session to order at 4:55 p.m.

2. Roll Call

Present:

Shirley Breyer Black
Mike Casey
H. Welton Flynn
Mike Kasolas
Enid Lim
James McCray, Jr.
Cleopatra Vaughns

Also present:
Michael T. Burns, Director of Transportation
Roberta Boomer, Board Secretary
Robert Bryan, Deputy City Attorney
Fred Hamdun, Deputy Director of Parking & Traffic
Lorraine Fuqua, Special Assistant
Ron Szeto, Acting Director, Parking Authority
Jerry Romani, Principal Real Property Officer
Steve Lee, Principal Administrative Analyst
Steve Bell, Contracts Manager
Julia Dawson, Deputy Director, Finance
Louise Simpson, Deputy City Attorney
Vince Harris, Deputy General Manager, Construction
Lou Johnson, Deputy General Manager, Operations
Dennis Tsai, Program Manager
Ben Leung, Project Manager

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 (Kasolas-absent).

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

CONFERENCE WITH LEGAL COUNSEL

Anticipated Litigation:

___X___ As defendant (3) _____ As plaintiff

5. 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:

CONFERENCE WITH LEGAL COUNSEL

Existing Litigation:

Trisha Fujimori vs. CCSF, Superior Court #322273 filed on 6/20/01 in the amount of $165,000

RESOLUTION 02-125

On motion to approve:

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

Jennie T. Laird vs. CCSF, Superior Court #317963 filed on 1/9/01 in the amount of $350,000

RESOLUTION 02-126

On motion to approve:

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

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 5:50 p.m.

15. Announcement of Closed Session.

Chairman Flynn announced the board met in closed session to discuss the Fujimori and Laird cases with the city attorney. The board voted unanimously to settle the cases. They also met with the city attorney to discuss anticipated litigation with the city as defendant in three matters. There was no action taken.

16. 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 5:50 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 [SF Admin. Code Sections 16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 1390 Market Street, Suite 801, San Francisco, CA 94102, telephone 415-554-9510, fax 415-554-8757 and Web site: sfgov.org/ethics.

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