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2:00 ‑ REGULAR MEETING

ORDER OF BUSINESS

1. Call to Order

Chairman Vaughns called the meeting to order at 2:02 p.m.

2. Roll Call

Present: Shirley Breyer Black
Wil Din
Michael Kasolas
James McCray, Jr.- absent at roll call
Peter Mezey
Cleopatra Vaughns

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 might be removed from the meeting. She also advised that cell phones that are set on “vibrate” cause microphone interference and requested that they be placed in the “off” position.

4. Approval of Minutes

On motion to approve the minutes of the May 24, 2005 Special Meeting: unanimously approved (McCray-absent).

5. Communications

At the request of Chairman Vaughns, Board Secretary Boomer read the letter of resignation submitted to Chairman Vaughns and the Board by the Director of Transportation. Chairman Vaughns stated that it was with much reluctance that she accepted the content of the letter and stated that Mr. Burns’s will leave a void in the MTA.

6. Introduction of New or Unfinished Business by Board Members

-Policy regarding reporting theft on buses

Wilson Johnson, Deputy General Manager, Operations, reviewed the existing policies and procedures pertaining to reporting incidents. Chairman Vaughns thanked Mr. Johnson for providing clarity regarding the policy.

Director Din stated that he had previously requested information regarding garage storage. Exec. Director Burns stated that the materials that staff had prepared in response were not sufficiently detailed and staff will report on this matter at the next meeting.

At the request of Chairman Vaughns, Board Secretary Boomer read Article 3, Sections 1 and 2 of the Rules of Order pertaining to the powers and duties of the Chairman and Vice Chairman.

7. Executive Director’s Report

-Special Recognition Award
-Muni Quarterly Service Standards Report
-DPT Quarterly Service Standards Report

-Ongoing Activities

Director McCray arrived at the meeting.

Exec. Director Burns stated that he was pleased to present the Special Recognition Award to Charles Belov who works in the marketing department as the webmaster. Mr. Belov has a remarkable attention to detail and does more than what is asked of him. He is a dedicated advocate for the visually impaired and Muni’s website is considered to be one of the most accessible websites in the country. He is an MTA “unsung hero”. Chas Belov expressed appreciation for the acknowledgement and stated that everybody is dedicated to getting information out to the public. Chairman Vaughns acknowledged and commended Mr. Belov on behalf of the Board.

Exec. Director Burns stated that the budget has been through the committee process and would be considered by the Board of Supervisors on June 14. He reviewed the changes to the budget since it had been approved by the MTA Board on February 28th.

Staff from Construction and Planning will be moving from 1145 Market St. to One South Van Ness over the next few weeks.

The World Environment Conference was a tremendous success for the city.

The Muni and DPT service standard reports would be presented as part of Item 11.

8. Citizen’s Advisory Council Report

Daniel Murphy, Chairman, CAC, expressed his gratitude for Mr. Burns, first as a Rescue Muni activist and then as member of the CAC. It has been a great privilege to work with him. The selection of new director will be the most important decision taken by the Board. It will set the direction of the Agency for some time to come. The CAC would like to have some involvement in the selection process. The CAC recommends approval of the Auto Return contract. Mr. Murphy presented the CAC’s recommendations regarding the purchase of new ticket vending machines.

9. Public Comment

Roger Bazeley stated that it had been an honor and pleasure to work with Mr. Burns. Mr. Burns has been flexible and provided a fair and even playing field for planning issues. Staff has to come up with a way to make cable car stops more visible. He suggested more signage and pavement markings.

Andrew Sullivan, Chair, Rescue Muni stated that he was pleased to hear that Muni was talking to “Red Ken”, the Mayor of London, about congestion charging. He urged the Agency to pursue congestion charging along with other rational transit management techniques. London was able to eliminate congestion and increase transit efficiency. He stated that he was sad to hear that Mr. Burns was moving on. He noted that an annual survey of riders was conducted in 1999 when Mr. Burns first came to Muni. That survey found that riders were delayed 24% of the time. In 2004, their found that delays were down to 12.3%. The delays were cut in half by the hard work of everyone in Agency and in particular, by Michael Burns.

Barry Taranto stated that he was disappointed to read that Exec. Director Burns had decided to take another job. Mr. Burns had been accessible, had looked into his issues and had made sure that individuals took care of what they needed to do. It will be difficult to find someone who is aware of the intricacies of the industry. He stated that if the Agency makes it more difficult for people from the suburbs to get downtown, the Agency would lose money. Some individuals in the Traffic Engineering department are creating problems such as eliminating tow away zones during rush hour. He urged staff to keep cars on main thoroughfares and off other streets.

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 available or will be available in payment of the following claims against the MTA:

A. Carlene Boyd, District Ct. #C024738PJH filed on 10/1/02 for $2,225
B. Robert Carroll, Superior Ct. #432226 filed on 6/15/04 for $5,750
C. Christopher Blande, Superior Ct. #317302 filed on 12/8/00 for $7,500
D. Isabel Wiel, Unlitigated Claim #0401534 filed on 12/1/03 for $8,100
E. Xiu Hua Zeng, Unlitigated Claim #0501441 filed on 10/29/04 for $20,000
F. Patrick Murray, Superior Ct. #419878 filed on 4/29/03 for $24,000

RESOLUTION 05-078

Director Mezey requested that 10.1A, Carlene Boyd be severed from the Consent Calendar and continued to the next meeting for discussion in closed session.

(10.2) Approving the following traffic modifications:

A. RESCIND - NO PARKING ANYTIME AND ESTABLISH - TOW-AWAY, NO PARKING ANYTIME - Kimball Street, east side, south of Sacramento Street
B. RESCIND - UNMETERED MOTORCYCLE PARKING - 32nd Avenue, east side, from 215 feet north of Anza Street to 25 feet northerly.
C. ESTABLISH - TOW-AWAY, NO PARKING ANYTIME - 4th Street, east side, from 42 to 82 feet south of Market Street.
D. RESCIND - STREET CLOSURE, 10 AM TO 10 PM, EVERYDAY AND ESTABLISH - STREET CLOSURE, 10 AM TO 2 AM, EVERYDAY - Claude Lane, between Bush and Sutter Streets.
E. ESTABLISH - NO PARKING ANYTIME - Stanyan Street, west side, within the intersection of Hayes Street and Le Conte Circle, both sides, at Le Conte Avenue.
F. ESTABLISH - RESIDENTIAL PERMIT PARKING AREA "N" (2-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH FRIDAY) - Fulton Street, north side, between Funston and 10th Avenues. (Explanatory documents include a staff report, and resolution.) (DPT)

RESOLUTION 05-079

On motion to approve:

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

(10.3) Authorizing the Director to execute and file appropriate applications with the Metropolitan Transportation Commission of an allocation of Transportation Development Act, State Transit Assistance, and One-Half Cent Sales Tax funds for Fiscal Year 2006. (Explanatory documents include a staff report, and resolution.) (MUNI)

RESOLUTION 05-080

(10.4) Authorizing the Director to execute Contract Modification No. 16 to Contract No. MR-1144, Third Street Light Rail Project: Donner Avenue to Hester Avenue, with Shimmick Construction Co./Homer J. Olsen, for additional work in an amount not to exceed $75,000, and for a total contract amount not to exceed $42,966,296.50, with a time extension of 12 calendar days. (Explanatory documents include a staff report, resolution, financial plan and contract modification.) (MUNI)

RESOLUTION 05-081

No public comment.

On motion to approve the Consent Calendar (Item 10.1A severed):

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

REGULAR CALENDAR

MUNICIPAL TRANSPORTATION AGENCY

11. Adopting the Municipal Railway's “FY2006 Proposed Changes to the Service Standards and Milestones” and the Department of Parking and Traffic's “FY2006 DPT Service Standards and Milestones.” (Explanatory documents include a staff report, resolution and reports.)

Fred Stephens, General Manager, Muni, presented Muni’s third quarter and FY06 service standards and reviewed current efforts to improve on-time performance.

Director Din requested that staff provide information on passenger boarding on a “year to date” basis and on cash fares by mode. Exec. Director Burns stated that staff would provide information on passenger boarding but that it may be a quarter behind the other data. Staff will be providing reports on the budget on quarterly basis, which will include revenues by mode. Director Din also requested a copy of the current Marketing Plan.

Bond Yee, Deputy Director, DPT, presented DPT’s third quarter and FY06 service standards.

No public comment.

RESOLUTION 05-082

On motion to approve:

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

Director McCray left the meeting.

12. Adopting the Tenderloin Pedestrian Safety Concept Plan. (Explanatory documents include a staff report, resolution and plan.)

Chairman Vaughns requested that Items 12 and 13 be called together.

Bill Lieberman, Director of Planning, presented the Safety Concept Plans. These plans are arterial street traffic calming plans to respond to increased traffic and to provide protection for pedestrians and other street users.

Frank Markowitz, Program Manager, stated that the plans primarily concentrate on traffic calming elements and improvements at street intersections.

PUBLIC COMMENT:

Roger Bazeley stated that he recommended acceptance of the plans. Painting ladder crosswalks are one of the least costly means to control traffic. He recommended painting ladder crosswalks on Geary Blvd. to keep a safe traffic flow. With respect to the South East Mission plan, he stated that it would be a great benefit to have white ladder crosswalk and countdown signals installed, particularly near commercial areas.

Fran Taylor stated that the plan was comprehensive. Caesar Chavez Ave. needs to have a lane removed. She recommended that staff look at arterial streets as streets where people live. Staff should implement things that encourage people not to drive.

Andrew Sullivan stated that Rescue Muni was in support of the proposals and he strongly encouraged Muni and DPT to work together to minimize any delays due to the construction of bulb outs. He suggested that no right or left turns at certain streets to minimize transit delays.

Barry Taranto stated that the plans did not address jaywalking. If cars have to respect the pedestrian’s right of way then pedestrians should have that responsibility as well. It is important that staff look into the issue.

Michael Nulty stated that when city departments don’t do a lot of outreach when they come to a community. Staff was asked to come to established community meetings to report on what was happening but they couldn’t get anyone to come. He stated that he had a problem with the plan to put parallel parking on Hyde St. because it will create accidents. The residents don’t like the parking changes because they will make it hard on pedestrians.

John Nulty stated that the plan didn’t have a lot of outreach to the community. After a year of meetings, staff came up with a totally different plan than what had been previously discussed in the community. Staff did not engage the community and did not take their ideas into consideration.

Frank Markowitz, Project Manager, discussed DPT’s outreach efforts regarding the plan. The outreach program was primarily managed by the Department of Public Health who established community working groups that met almost monthly. In addition, they worked with and through existing organizations in the Tenderloin and conducted an extensive survey. Staff did change the plan in response to comments received from the community and from other city departments such as Muni, Police and Fire.

Executive Director Burns requested that the people who had expressed concern submit their issues in writing so they could be addressed. He recommended that Item 12 be continued to a future meeting and that the Board take action on item 13.

Item 12 was continued to the next meeting.

13. Adopting the Southeast Mission Pedestrian Safety Concept Plan. (Explanatory documents include a staff report, resolution and plan.)

RESOLUTION 05-083

On motion to approve:

ADOPTED: AYES – Black, Din, Kasolas, Mezey and Vaughns

ABSENT – McCray

14. Authorizing the Director to release the Draft Short Range Transit Plan for public review and comment. (Explanatory documents include a staff report, resolution and plan.)

Bill Lieberman, Director, Planning reviewed the draft Short Range Transit Plan and timeline for approval. This is the MTA’s primary planning document, and is required to be updated every two years by the Metropolitan Transportation Commission.

No public comment.

RESOLUTION 05-084

On motion to approve:

ADOPTED: AYES – Black, Din, Kasolas, Mezey and Vaughns

ABSENT – McCray

DEPARTMENT OF PARKING AND TRAFFIC

15. Authorizing the Director to award a Service Agreement and Property Use Licenses for Towing, Storage and Disposal of Abandoned and Illegally Parked Vehicles to TEGSCO, d.b.a. San Francisco AutoReturn for a five-year term; approving the schedule of rates; approving the consolidation of the Customer Service Center with the short-term vehicle storage facility; and authorizing the Director to execute the Memorandum of Understanding with the Port of San Francisco for use of Pier 70 property. (Explanatory documents include a staff report, resolution and contracts.)

No public comment.

Chairman Vaughns expressed appreciation to AutoReturn for their excellent performance to date and stated that the City had been well served.

RESOLUTION 05-085

On motion to approve:

ADOPTED: AYES – Black, Din, Kasolas, Mezey and Vaughns

ABSENT – McCray

16. Authorizing the Director to execute the Second Amendment to the software license agreement with Fourth Dimension Traffic for software for Type 2070 Signal Traffic Controllers for a total contract amount not to exceed 596,354. (Explanatory documents include a staff report, resolution and contract.)

No public comment.

RESOLUTION 05-086

On motion to approve:

ADOPTED: AYES – Black, Din, Kasolas, Mezey and Vaughns

ABSENT – McCray

MUNICIPAL RAILWAY

17. Selecting the Fourth Street Alignment as the Locally Preferred Alternative for the Central Subway, Phase II of the Third Street Light Rail Project. (Explanatory documents include a staff report, resolution, alignment plan and letters.)

John Thomas, Project Manager, Central Subway presented the staff report. Staff is requesting that the Board give consideration to Fourth Street as locally preferred alternative. This approval is needed in order for the project to be included in the funding process.

Rebecca Kohlstrand, Parsons Brinckerhoff, presented the timeline for the environmental process, which is expected to take 18 months to complete.

PUBLIC COMMENT:

Andrew Sullivan, Rescue Muni, stated that they strongly recommend approval of the proposal. The original alignment had many problems, most notably with operations. He expressed appreciation for staff’s interest in their recommendations and hopes the Agency will consider a connection to a future Geary St. Subway. If at all possible, staff should study how to connect with BART underground and extending the line to Columbus Ave. to serve North Beach in addition to Chinatown.

Roger Bazeley stated that he supported the new alignment and called it cleaner and simpler. He discussed the importance of smooth traffic flow and transit linkages.

RESOLUTION 05-087

On motion to approve:

ADOPTED: AYES – Black, Din, Kasolas, Mezey and Vaughns

ABSENT – McCray

Director Kasolas left the meeting.

18. Authorizing the Director to execute a contract with AC Transit to purchase 45 buses manufactured by Gillig Corporation for a total cost not to exceed $1,125,000. (Explanatory documents include a staff report, resolution and contract.)

No public comment.

RESOLUTION 05-088

On motion to approve:

ADOPTED: AYES – Black, Din, Mezey and Vaughns

ABSENT – Kasolas and McCray

19. Authorizing the Director to execute an agreement with Howger Services to provide urine and breath collection services for the Municipal Transportation Agency’s drug and alcohol testing program, in an amount not to exceed $400,000, and for a term not to exceed three years. (Explanatory documents include a staff report, resolution and contract.)

No public comment.

RESOLUTION 05-089

On motion to approve:

ADOPTED: AYES – Black, Din, Mezey and Vaughns

ABSENT – Kasolas and McCray

RECESS REGULAR MEETING AND CONVENE CLOSED SESSION

CLOSED SESSION

1. Call to Order

Chairman Vaughns called the closed session to order at 5:40 p.m.

2. Roll Call

Present: Shirley Breyer Black
Wil Din
Michael Kasolas – absent at roll call
Peter Mezey
Cleopatra Vaughns

Absent: James McCray, Jr.

Also present: Michael T. Burns, Director of Transportation
Roberta Boomer, Board Secretary
Julia Friedlander, Deputy City Attorney
Stuart Sunshine, Deputy Executive Director
Fred Stephens, General Manager, Muni
Larry Williams, Deputy General Manger
Wilson Johnson, Deputy General Manager
Michael Hursh, Deputy 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 (Kasolas, 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:

CONFERENCE WITH LEGAL COUNSEL

Existing Litigation:

Curtis Lowe, Unlitigated Claim #502596 filed on 2/10/05 for $13,998.04

RESOLUTION 05-090

On motion to approve:

ADOPTED: AYES – Black, Din, Kasolas, Mezey and Vaughns

ABSENT – McCray

B. Takako and Mark Taylor, Superior Ct. #321491 filed on 10/17/01 for $275,000

RESOLUTION 05-091

On motion to approve:

ADOPTED: AYES – Black, Din, Kasolas, Mezey and Vaughns

ABSENT – McCray

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

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 6:20 p.m.

20. Announcement of Closed Session.

Chairman Vaughns announced that the Board met in closed session to discuss the Lowe and Taylor cases with the City Attorney and for a conference with their labor negotiator. The Board voted unanimously to settle the cases (McCray-absent) and took no action with regard to labor negotiations.

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

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

Exec. Director Burns announced receipt of a letter of resignation from Larry Williams, Deputy General Manager, Human Resources, effective July 8, 2005.

ADJOURN - The meeting was adjourned at 6:17 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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