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MTA BOARD MEETING MINUTES
TUESDAY, MAY 30, 2003

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

2:00 - SPECIAL MEETING

ORDER OF BUSINESS

1. Call to Order

Chairman Flynn called the meeting to order at 2:09 p.m. He apologized for the delay in starting the meeting.

2. Roll Call

Present:

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

Absent:

Michael Kasolas
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 May 6, 2003 Regular Meeting: unanimously approved (Kasolas, Lim, McCray-absent).

5. Communications

The board secretary announced that Item 15, the Lease-Leaseback Supplemental Appropriation, has been removed from the calendar at the request of staff.

6. Introduction of New or Old Business by Board Members

None.

7. Director's Report (For discussion only) -Quarterly Service Standards Report -Quarterly Report on Key Capital Projects -Initiation of 30-day disclosure period for tentative agreements -Ongoing Activities

DPT and Muni provided extra service for the Bay to Breakers Race with over 80 Parking Control Officers and extra buses and trains. Race organizers compensate the MTA for providing extra service.

The Metropolitan Transportation Commission will hold a "Transportation 2030 Summit" to launch the next update to the Regional Transportation Plan on June 14. This event is free and open to the public. It will be held at Sheraton Palace Hotel. The MTA, the Transportation Authority, and the City & County of San Francisco are co-sponsors of the event along with other transit agencies and local governments.

The APTA Rail Transit Conference will be held on June 7-12 in San Jose. Muni's Operator and Maintainer teams will be competing in the Rail Roadeo.

Since 1989 San Francisco has had a cent sales tax dedicated to funding transportation improvements. Muni and DPT receive substantial funding from the tax proceeds. Current authorization expires in 2009, but the Transportation Authority plans to put reauthorization of this tax on the ballot in November. The reauthorization would extend the sales tax for 30 years, bringing in about $2.25 billion over that period. Muni and DPT staff have been working with TA staff and with the Expenditure Plan Advisory Committee to develop the expenditure plan for the reauthorization measure. The final expenditure plan is expected to be complete in June.

A Translink Consortium has been created with Muni and other Bay Area Transit properties to discuss the full roll out of the Translink program. This Consortium will ultimately be responsible for managing the Translink project. The MTA is a charter member along with VTA, SamTrans, Caltrain, BART, Golden Gate Bridge Board and AC Transit. The agreement includes a cost sharing formula in which MTC continues to pay capital costs and a fixed portion of the operating costs. A calendar item will be brought to the board asking for approval to enter into a participation agreement. Translink is expected to be installed on all Muni vehicles by Fall 2004. Metro Magazine has named Muni as one of the ten most improved transit systems in the nation. The article pointed to a strong emphasis on customer service, communication, and partnerships with rider coalitions as one of the keys to this improvement. Congratulations to employees, community partners and stakeholders.

Lisa Mancini, Deputy Executive Director, MTA presented the Third Quarter Service Standards and reviewed highlights of the report. There will be a serious effort this quarter to reach the goal of 75% on-time performance as Muni has not been able to get above 70% system-wide although Muni has made significant progress since FY01. Fare revenues are 3.3 % below the goal, as the region has not seen anticipated improvements in economic growth.

There has been some improvement in Passenger Service Reports, especially with operator complaints. Muni has also reached its goal of reducing the number of crimes committed on-board and grievances continue to be resolved quickly.

Chairman Flynn asked about the headway problems on the 9-San Bruno and 30-Stockton. Ms. Mancini stated that those lines are high priority lines and Muni is continuing to hire operators to meet service availability.

Director McCray asked for a report on DPT revenues in the near future.

Vince Harris, Deputy General Manager, Construction presented the Quarterly Capital Report and highlighted the completion of the Ocean Avenue project.

Director Burns announced the release of five tentative agreements with SEIU Local 790, TWU Local 200, TWU 250-A (7410/9231 positions), IBEW Local 6 and Machinists Local 1414. Seventeen out of eighteen labor agreements expire this year. Prop. E allows Muni to bargain separately with unions with service critical employees. Muni participated in the citywide process for other employee organizations. Agreements with Machinists Local 1414 and IBEW Local 6 were the result of arbitration awards. Agreements were reached through mediation with SEIU Local 790, TWU Local 200, and TWU Local 250A. TWU 200 and 250A have ratified their agreements. SEIU is voting through June 4th but has agreed to allow the agreement to be "sunshined" prior to ratification.

All unions agreed to the 7.5% give back in retirement contributions and will received 5 floating holidays in exchange for the same period. These provisions are very important to the MTA in helping close our budget shortfall while preserving service and jobs. This marks the start of the 30-day public disclosure period. The MTA board will be asked to adopt the agreements at the July 1 meeting. Information about these agreements, including a cost and impact analysis is available to the public and is also on Muni's website.

8. Citizen's Advisory Council Report

Dan Murphy, Chairman, CAC, noted that the CAC has no new recommendations to make. He called attention to the Council's recommendations about budget as the concerns they raised a few months ago continue to exist. The CAC will look at regional funding issues, especially Prop. B reauthorization.

9. Public Comment

Bob Planthold is frustrated that some of his individual experiences haven't resulted in institutional management changes regarding safety, although he has seen some positive changes such as the rejection of motorcycle parking on sidewalks. The Van Ness Station was intentionally unstaffed one day, which raises a safety concern. In addition there was a reroute of buses due to the Octavia Blvd. Project but people who are blind didn't have access to the reroute information. The lack of bilingual yield seat signs continues to be a problem. (Chairman Flynn asked staff to inform the board at a subsequent meeting about what has been done to correct these problems).

Barry Taranto noted that the Golden Gate Bridge Board is holding hearings about reducing service, mainly in areas where poor people live. He continues to be concerned about the deployment of Parking Control Officers around the Central Freeway. Cab drivers are still getting tickets for parking in bus zones. Staff should be more sensitive to them. There are companies that are profiting off the Ramped Taxi program. (Chairman Flynn drives on the Freeway every day and thinks that the PCO's are doing a fantastic job at South Van Ness and 9th St. He sees them every day).

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 the MTA:

A. Pei-Ming Liu & Jaing Zhang, Superior Court #CGC02407459, filed on 5/2/02 for $5,000
B. Mei Chung, Unlitigated Claim #0300655, filed on 8/22/02 for $5,549.99
C. Ida Zhu, Unlitigated Claim #0301357, filed on 10/24/02 for $6,000
D. Ivan Mrsic, Unlitigated Claim #0309964, filed on 12/20/03 for $6,648
E. Rosemary Diaz, Superior Court #CGC03417559, filed on 7/16/02 for $7,250
F. Edward Jack Marson, Superior Court #316338, filed on10/31/00 for $7,500
G. Miguel Reyes, Superior Court #321889, filed on 6/5/01 for $12,500
H. Xiu Huang, Unlitigated Claim #0300482, filed on 8/7/02 for $15,000
I. Encarnation Dagdagan, Superior Court #407195, filed on 5/5/01 for $21,000

RESOLUTION 03-081

(10.2) Approving the following traffic modifications:

RESOLUTION 03-082

(10.3) Requesting the Board of Supervisors to concur with the Controller's determination that it is more economical to contract for facility security services than to provide the same services with City and County employees for fiscal year 2003-2004. (Explanatory documents include a staff report, resolution and certification.) (MUNI)

RESOLUTION 03-083

(10.4) Approving the plans and specifications, and authorizing the Director to advertise bid call, for Contract No. MR-1186, Cable Car Traffic Signal Preemption at California Street and Grant Avenue. (Explanatory documents include a staff report, resolution and financial plan.) (MUNI)

RESOLUTION 03-084

(10.5) Authorizing the Director to execute a lease with Harrigan, Weidenmuller Company, for the warehouse space and adjoining paved parking area at Pier 72, for a term of two years beginning on July 1, 2002, at a monthly rental rate of $33,390 for the first year and $35,060 for the second year. (Explanatory documents include a staff report, resolution and lease.) (MUNI)

RESOLUTION 03-085

(10.6) Authorizing the Director to execute Modification No. 2 to the contract with LabOne for laboratory drug testing services, to increase the contract by $41,050.00, for a total contract amount not to exceed $91,000, and to extend the term of the contract through September 30, 2003. (Explanatory documents include a staff report, resolution and modification.) (MUNI)

RESOLUTION 03-086

(10.7) Authorizing the Director to request proposals, evaluate proposers, and negotiate a contract with a DHHS-certified laboratory to analyze urine specimens for Muni's drug testing program, in an amount not to exceed $200,000 and a term not to exceed three years. (Explanatory documents include a staff report, resolution and RFP.) (MUNI)

RESOLUTION 03-087

(10.8) Authorizing the Director to issue a Request For Proposals for Back Strengthening and Wellness Services for the purpose of entering into a three-year professional services contract. (Explanatory documents include a staff report, resolution and RFP.) (MUNI)

RESOLUTION 03-088

Item 10.1 (H) Xiu Huang vs. CCSF, was continued to the next meeting at the request of Director Vaughns. The Director would like to know if there has been litigation from this individual in the last 3 years.

PUBLIC COMMENT:

Barry Taranto asked that Items 10.2 (G), (K), (L), (M), (N), (O), (P) be severed. He suggested that cars parked by a religious institution shouldn't be ticketed when there are holiday religious services. He also thanked Maurice Growney and Diana Hammons for the Moscone Center traffic changes.

On motion to approve the Consent Calendar (Items 10.1(H), 10.2 (G), (K), (L), (M), (N), (O), (P) severed):

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

ABSENT - Kasolas, Lim

On motion to approve Items 10.2 (G), (K), (L), (M), (N), (O), (P)

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

ABSENT - Kasolas, Lim

REGULAR CALENDAR

11. Approving the revised Municipal Railway Department FY2004 operating budget of $468,502,978 and the revised Department of Parking and Traffic FY2004 operating and capital budget of $76,176,324; certifying that the FY2004 budgets are adequate to make substantial progress towards meeting the goals, objectives, and performance standards; approving the fixed route and Paratransit passenger fare schedule; waiving fares on New Year's Eve 2003; continuing the Class Pass program with all San Francisco colleges and universities; authorizing the implementation short-term experimental fares; and recommending that the Transit Impact Development Fee be extended to all categories of commercial development and the rates adjusted to cover actual costs of providing transit services to new developments. (Explanatory documents include a staff report and resolution.)

No public comment.

RESOLUTION 03-089

On motion to approve:

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

ABSENT - Kasolas, Lim

DEPARTMENT OF PARKING AND TRAFFIC

12. Approving the management agreement and authorizing the City of San Francisco Japan Center Garage Corporation to award the management agreement to Parking Concepts, Incorporated for the management of the Japan Center Garages. (Explanatory documents include a staff report, resolution and agreement.)

No public comment.

RESOLUTION 03-090

On motion to approve:

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

ABSENT - Kasolas, Lim

13. Authorizing the award of Department of Public Works Contract No. 0481J(R): Columbus Avenue Traffic Signal Upgrade, to Phoenix Electric Company, as the lowest responsive and responsible bidder for a total contract amount of $955,018. (Explanatory documents include a staff report, resolution and financial plan.)

No public comment.

RESOLUTION 03-091

On motion to approve:

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

ABSENT - Kasolas, Lim

MUNICIPAL RAILWAY

14. Approving and adopting the revised Disadvantaged Business Enterprise Program for the Municipal Transportation Agency for Department of Transportation-assisted contracts. (Explanatory documents include a staff report, program and resolution.)

No public comment.

RESOLUTION 03-092

On motion to approve:

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

ABSENT - Kasolas, Lim

15. Authorizing the Director to request supplemental appropriations for $16,114,484 in lease-leaseback revenues and to expend the revenues on accessibility and safety improvements; facility modifications; environmental enhancements; and capacity expansion. (Explanatory documents include a staff report and resolution.)

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

16. Approving the Request for Qualifications, and the final plans and specifications for Contract MR-1182R, Muni Metro East Light Rail Vehicle Maintenance and Operations Facility Project, and authorizing the Director to advertise the RFQ and contract documents for bid under the Construction Manager/General Contractor method. (Explanatory documents include a staff report, RFQ, resolution and financial plan.)

(Continued from the May 6, 2003 Calendar)

No public comment.

RESOLUTION 03-093

On motion to approve:

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

ABSENT - Kasolas, Lim

17. Approving Contract Modification No. 2 to Contract No. MR-1124, Muni Metro Electrical Improvements Project, with Kingston Constructors/Potelco, to increase the contract amount by $966,546, for a total contract amount not to exceed $3,817,546, and to extend the time of completion, from September 16, 2002 to March 20, 2003. (Explanatory documents include a staff report, resolution, contract modification and financial plan.)

(Continued from the May 6, 2003 Calendar)

No public comment.

Director Vaughns asked that staff be more proactive in bringing items such as these to the board for approval in advance. Director Burns noted that staff has been informed that 'after the fact' submissions are unacceptable.

RESOLUTION 03-094

On motion to approve:

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

ABSENT - Kasolas, Lim

18. Accepting Contract No. MR-1114, Furnish and Install Miscellaneous Equipment at the Curtis Green Facility; approving the final contract amount of $1,242,070.63 and; approving the closeout of this contract with Penn Equipment and Tool Corporation. (Explanatory documents include a staff report, resolution and financial plan.)

Chairman Flynn asked that the board be given an explanation when there are legitimate reasons for delaying the closeout of a contract.

No public comment.

RESOLUTION 03-095

On motion to approve:

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

ABSENT - Kasolas, Lim

RECESS REGULAR MEETING AND CONVENE CLOSED SESSION

CLOSED SESSION

1. Call to Order

Chairman Flynn called the closed session to order at 3:15 p.m.

2. Roll Call

Present:

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

Absent:

Michael Kasolas
Enid Lim

Also present:

Michael T. Burns, Director of Transportation
Roberta Boomer, Board Secretary
Julia Friedlander, Deputy City Attorney
Lisa Mancini, Deputy Executive Director
Larry Williams, Deputy General Manger, HR/LR/EEO
Gerald Norman, Deputy Director, Department of Parking and Traffic
Fred Stephens, General Manager, Muni
Erik Rapoport, Deputy City Attorney
Mike Hursh, Deputy General Manager, Maintenance
Vernon Crawley, Manager, EEO

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, 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) Deborah Vance, Superior Court #409895, filed on 7/5/02 for $150,000

RESOLUTION 03-096

On motion to approve:

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

ABSENT - Kasolas, Lim

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 3:49 p.m.

19. Announcement of Closed Session.

Chairman Flynn announced the board met in closed session to discuss Vance vs. CCSF with the city attorney. The board voted unanimously to settle the case (Kasolas, Lim-absent).

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

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

ADJOURN - The meeting was adjourned at 3:50 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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