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MTA BOARD MEETING MINUTES
TUESDAY, JANUARY 21, 2003

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
James McCray, Jr.
Cleopatra Vaughns

Absent: Enid Lim

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 January 7, 2003 Regular Meeting: unanimously
Approved (Kasolas, Lim-absent).

5. Communications

(5.1) Election of MTA Board Chairman and Vice Chairman pursuant to MTA Rules of Order.

On motion to elect H. Welton Flynn as Chairman: unanimously approved (Kasolas, Lim- absent). Chairman Flynn thanked the board adding that this will be his last term as Chairman.

On motion to elect Enid Lim as Vice Chairman: unanimously approved. (Kasolas, Lim- absent)

The board secretary announced that Item 12, the Fifth & Mission Garage contract, had been removed from the calendar at the request of staff. It will be returned to the Board at a subsequent meeting.

6. Introduction of New or Old Business by Board Members

Chairman Flynn thanked Vince Harris for his quick response regarding closing out contracts. He also thanked staff for information about the Transportation Impact Development Fee.

7. Director's Report (For discussion only)

-FY2004 Muni and DPT budgets
-Ongoing Activities

Director Burns reviewed the Transit Impact Development Fee noting that the City Planning Department has studied the fee and has concluded that the ordinance is outdated. However changes aren't likely to happen soon and couldn't be counted as a source of increased revenue to balance the FY2004 budget. He provided recent press clippings from other transit agencies about the difficulties they are experiencing. All transit properties across the country are facing a similar situation.

Muni launched a "No Back Door Boarding Campaign" last week in an effort to maximize revenue. The program received positive comments from operators and riders.

The latest information about the State budget from the Governor increased the City's budget deficit from $320 million to $350 million. The Mayor has introduced a set of revenue measures at the Board of Supervisors including a series of parking fine and fee increases.

Julia Dawson, DPT Deputy Director, Finance, presented the DPT budget and their proposal to raise the most common fares and fees. The total estimated revenue from those sources would be $21.4 million, however Muni would only receive half of those funds per Proposition E.

Annette Williams, Manager of Accessible Services, presented the paratransit fare increase proposal. Muni has been a pioneer in providing accessible services and has a strong consumer advisory group. The cost to provide this service has increased by 75% over the past five years due to rising fuel and labor costs, increases in the living wage and increased demand. This proposal balances the need to retain affordable fares for all modes and to provide equity across all modes. The Paratransit Coordinating Committee has worked closely with staff on this recommendation and has responded positively.

Gigi Harrington, Deputy General Manager, Finance and Administration presented the Muni budget and fare proposal. When the proposed fare increase, management and internal efficiencies are factored into the budget, the $38 million deficit becomes a deficit of $20.5 million. Other revenues, such as raising parking fees and fines and an increase to the Paratransit fare, would leave a shortfall of $9.2 million. Staff is continuing to look for other ways to make up this remaining deficit.


There will be a presentation on the budget on February 4, including the Parking Authority budget. A special meeting has been scheduled for February 11 for a public hearing on the transit fare increase. There will be an additional hearing on February 18 to consider the proposal to raise parking fees and fines as well as a possible meeting the week of February 24th.

Chairman Flynn asked staff to provide details on any recommended service adjustments.

8. Citizen's Advisory Council Report

No report was made. (The Director of Transportation noted that staff has been working closely with the CAC's Finance committee on the budget and that the CAC is aware of the statutory deadlines that the MTA is working under.)

9. Public Comment

None.

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:

Yakinn Bello, Unlitigated Claim #01S0313 filed on 9/18/02 for $6,750
Mark Danridge, Superior Ct. #190232 filed on 7/17/01 for $7,000
Claudia Lima, Unlitigated Claim #01B10802 filed on 7/3/02 for $7,500
Jeffery Franklin, Unlitigated Claim #FY0309961 filed on 11/22/02 for $9,000
Aleksandr Milgram, Unlitigated Claim #0204079 filed on 6/25/02 for $9,500
Jeffery Franklin, Unlitigated Claim #FY0309962 filed on 11/12/02 for $11,661.25
Remedios Buenaventura, Unlitigated Claim#01T0813 filed on 1/16/02 for $11,000
Si Ying Li, Unlitigated Claim #01B1539 filed on 5/20/02 for $15,000
Fireman's Fund, Unlitigated Claim #01C0101 filed on 10/1/02 for $15,034.45

RESOLUTION 03-019

(10.2) Authorizing the Director of Transportation to acquire membership into the federal InfraGard security information exchange system. (Explanatory documents include a staff report, agreement and resolution.) (MUNI)

RESOLUTION 03-020

(10.3) Correcting the wage schedule for Transit Operators, Classification 9163, effective February 1, 2003 by an increase of one-cent to $24.57. (Explanatory documents include a staff report, and resolution.) (MUNI)

RESOLUTION 03-021

(10.4) Authorizing the Director to reject all proposals received and to issue a new request for proposals for the selection of a leveraged lease advisor. (Explanatory documents include a staff report, Request for Proposals and resolution.) (MUNI)

This item was severed at the request of Directors Vaughns and Flynn. Director Vaughns asked for information about why all bids were being rejected. Chairman Flynn expressed concern about the monies already spent. Gigi Harrington noted that approximately ten to twelve hours of time had been used but that time was spent educating the selection panel, which will be useful.

RESOLUTION 03-022

On motion to approve:

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

ABSENT - Lim

(10.5) Adopting the proposed motorcycle parking rates of $3.00 for 24-hours and $50.00 per month as permanent motorcycle parking rates at the North Beach Garage. (Explanatory documents include a staff report, resolution and financial plan.) (DPT)

RESOLUTION 03-023

(10.6) Authorizing the Director to accept and expend $3,546,000 in Regional Transportation Improvement funds for various transportation capital projects including transportation management systems, designing bicycle improvements, accessibility improvements, traffic signal replacement and traffic calming improvements. (Explanatory documents include a staff report, and resolution.) (DPT)

RESOLUTION 03-024

No public comment.

On motion to approve the Consent Calendar (Item 10.4 severed):

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

ABSENT - Lim

REGULAR CALENDAR

DEPARTMENT OF PARKING AND TRAFFIC

11. Ratifying and approving Addenda 1, 2 and 3 to the Request for Proposal for towing, storage and disposal services for abandoned and illegally parked vehicles. (Explanatory documents include a staff report, resolution and addenda.)

No public comment.

Fred Hamdun, Deputy Director, Parking and Traffic stated that the schedule might be pushed forward a few more weeks due to additional responses received from potential bidders.

RESOLUTION 03-025

On motion to approve:

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

ABSENT - Lim

12. Approving the commercial lease between the City of San Francisco Downtown Parking Corporation and the City and County of San Francisco for the occupancy of commercial properties, F and G, at the Fifth and Mission Garage. (Explanatory documents include a staff report, resolution and lease.)

This item was removed from the calendar at the request of staff.

13. Authorizing the Director to advertise the SFgo Initial Phase Construction Contract for an amount not to exceed $4,732,000. (Explanatory documents include a staff report and resolution.)

No public comment.

RESOLUTION 03-026

On motion to approve:

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

ABSENT - Lim

MUNICIPAL RAILWAY

14. Authorizing the award of Contract No. MR-1142, Third Street Light Rail Transit: 22nd Street to Jerrold Avenue, to Mitchell Engineering/Obayashi Corp., as the lowest responsive and responsible bidder, in the amount of $42,202,780. (Explanatory documents include a staff report, resolution and financial plan.)

No public comment.

RESOLUTION 03-027

On motion to approve:

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

ABSENT - Lim

15. Authorizing an extension of time for award of Contract No. MR-1189 to January 29, 2002; and authorizing the award of Contract No. MR-1189: Muni Metro Extension Station Enhancements Project, to SWI / R&W, as the lowest responsive and responsible bidder, in the amount of $1,917,948. (Explanatory documents include a staff report, resolution and financial plan.)

No public comment.

RESOLUTION 03-028

On motion to approve:

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

ABSENT - Lim

RECESS REGULAR MEETING AND CONVENE CLOSED SESSION

CLOSED SESSION

1. Call to Order

Chairman Flynn called the closed session to order at 5:31 p.m.

2. Roll Call

Present: Shirley Breyer Black
Mike Casey
H. Welton Flynn
Michael Kasolas
Cleopatra Vaughns

Absent: Enid Lim
James McCray, Jr.

Also present: Michael T. Burns, Director of Transportation
Roberta Boomer, Board Secretary
Robert Bryan, Deputy City Attorney
Lisa Mancini, Chief Operations Officer
Larry Williams, Deputy General Manger, HR/LR/EEO
Fred Stephens, General 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 (Lim-absent).

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:

CONFERENCE WITH LEGAL COUNSEL

Existing Litigation:

(4.1) Approving settlement of Olivia Boudreaux, Superior Ct. #411563 filed on 8/16/02 for $125,000

RESOLUTION 03-029

On motion to approve:

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

ABSENT - McCray and Lim

5. Pursuant to Government Code Section 54957.6(a) and Administrative Code Section 67.8, the Municipal Transportation Agency Board shall meet in closed session for:

CONFERENCE WITH LABOR NEGOTIATOR

CCSF Representative: Larry Williams and/or his designees

Employee Organizations: TWU, Local 200; IBEW, Local 6; Machinists, Local 1414; TWU 250-A (misc.); SEIU, Local 790; IFPTE, Local 21; Stationary Engineers, Local 39; Carpenters, Local 22; Laborers, Local 261; Teamsters, Local 853; Painters, Local 4; Glaziers, Local 718; Sheetmetal, Local 104; Operating Engineers, Local 3; Plumbers, Local 38, MEA, Unrepresented.

To discuss:

_X_ Wages
_X__ Hours
_X__ Benefits
_X__ Working Conditions
_X__ Other

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 6:19 p.m.

16. Announcement of Closed Session.

Chairman Flynn announced the board met in closed session to discuss the Boudreaux case with the city attorney. The board voted unanimously to settle the case. The board also met with their labor negotiator. There was no action taken.

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

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

ADJOURN - The meeting was adjourned at 6:21 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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