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2:00 ‑ REGULAR MEETING ORDER OF BUSINESS 1. Call to Order Chairman Vaughns called the meeting to order at 2:01 p.m. 2. Roll Call Present:
Absent: James McCray, Jr. – with notification 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 July 19, 2005 Regular Meeting: unanimously approved (McCray-absent). 5. Communications Board Secretary Boomer stated that Items 12 and 14 were continued to the Sept. 6 meeting at the request of staff. Chairman Vaughns acknowledged receipt of correspondence from Emily Drennen regarding the Short Range Transit Plan and requested that staff take Ms. Drennen’s comments into consideration. Chairman Vaughns acknowledged receipt of correspondence regarding the EEO training schedule. Chairman Vaughns also noted that the Board had received correspondence regarding the intersection at 18th and Third Streets. At the Chairman’s request, Board Secretary Boomer read the last paragraph of the August 9, 2005 memo into the record. Chairman Vaughns thanked the Exec. Director for acting in an expeditious manner. 6. Introduction of New or Unfinished Business by Board Members None. 7. Executive Director’s Report -Special Recognition Award -Muni and DPT Quarterly Service Standard Reports -Citation Report -Status Report on Muni fare change -Ongoing Activities Acting Executive Director (A.E.D.) Sunshine stated that he was pleased to present the Special Recognition Award to Celeste Austria Marks, Senior Management Assistant at the Traffic Signal Division. Ms. Marks has been with the Department of Parking and Traffic since March 2000 where she does an excellent job with purchasing and cost recovery and has enabled the division to stay within budget. Celeste is also persistent in recovering money from people who damage signs. Ms. Marks expressed appreciation for the award and stated that she works with great people. Chairman Vaughns expressed appreciation on behalf of the Board. Bill Lieberman, Director of Planning and Fred Stephens, General Manager introduced their summer interns. Anne Richman, Manager, Community Relations and Customer Service presented an update on the implementation of the Muni fare change. Director Din stated that the Chinese characters that were being used to tell people about the fare change were small and were difficult to read. He asked staff to investigate the possibility of making the characters larger. Chairman Vaughns stated that increasing the size was important because if the characters were too small to see, then the signs were of no benefit. Ms. Richman stated that staff would look into increasing the font size. A.E.D. Sunshine stated that during his leadership at DPT monthly Citation Reports were produced. He would like to provide this information to the Board on a monthly basis. He introduced Sylvia Harper, Director of Enforcement, who presented the Citation report and reviewed the operation of the Enforcement Division. Director Kasolas requested that the report include multi-year trends and financial information for the month and quarter to date. A.E.D. Sunshine introduced the Service Standard Reports by saying that in the future he would like to present a consolidated “One MTA” Service Standards report. All the current information would continue to be included in the board packet but the presentation to the Board at the meeting would highlight a few key standards from each department. Fred Stephens, General Manager, Municipal Railway presented the 4th Quarter Service Standards Report. Chairman Vaughns questioned the numbers for unscheduled absences and headways and requested that staff improve service. A.E.D. Sunshine stated that staff hopes to better match the schedule with service when the service adjustments are implemented on September 27th. Additional staff is needed to help adjust service “on the fly” and they hope to reduce absenteeism. They are working with TWU-250A to figure out how to monitor and improve the situation. Chairman Vaughns stated that the MTA needed to be proactive and do everything possible to improve the indices. Director Din stated that there were a lot of service problems after 7 p.m. and inquired what could be done to improve reliability. General Manager Stephens stated that staff had pledged to report on evening service starting with the FY06 1st Quarter Report. Director Din also stated that the public couldn’t reach anyone at 673-MUNI after 7 p.m. to find out if they need to take alternate service. Director Din requested that the Board be provided with a copy of the policy on unscheduled absences. Director Mezey requested additional information regarding the average fare per passenger including how MUNI information compares to other transit properties and a breakdown by category of rider. Bond Yee, Deputy Director, Department of Parking and Traffic presented the DPT 4th quarter Service Standard Report. A.E.D. Sunshine stated that the grand opening for the Central Freeway and Octavia Boulevard Project was scheduled for September 9th. Chairman Vaughns expressed appreciation to Bill Lieberman, Kate Breen and Roberta Boomer for responding to her recent request for legislative information. PUBLIC COMMENT: Barry Taranto thanked the Board and Commander Harper for the citation report. He stated that he would like to see other violations that had been broken out in the old DPT report included in the monthly citation report. He stated that he was disturbed that staff was spending time on citing people for registration tabs and parking on grades. He was also disturbed that it took less time to be served when waiting in the regular line than by waiting in the express line. David Pilpel stated that the report on fare changes was helpful. He stated that he assumes that there will be a similar report on service adjustments including where we are with timetable production. He stated that other agencies buy tokens when they’re short and questioned why Muni wasn’t doing that. Muni is continuing to not meet standards in some areas. Mr. Pilpel suggested that when there was a significant discrepancy from “actual to goal”, that there be more narrative in the staff report to discuss why and what the MTA was doing to respond to it. David Tornheim stated that the best thing that came out of Prop. E was the establishment of standards. He expressed hope that the DPT and Muni standards wouldn’t be merged so the public can see just how bad things are. He expressed appreciation for the comments made by Chairman Vaughns and Director Din regarding how bad service was. After 7:00 p.m., there are real problems. The public must wait a long time for the bus to come. People are upset about the fare increase, layoffs and service cuts. He stated that he had seen public information regarding the upcoming increases but didn’t see much effort about the fare increases before the Board approved them. Rafael Cabrera, TWU, Local 250-A stated that 250A stated that the service standards weren’t realistic and the service adjustments will create a bigger mess. He urged the Board to be “out there” on the lines to see what 250-A members go through. He stated that he hopes to work with Mr. Sunshine to improve the numbers. 8. Citizen’s Advisory Council Report Daniel Murphy, Chairman, CAC, stated that some of the open spaces within the MTA’s jurisdiction had been allowed to deteriorate because there were no gardeners. These areas were overcome with weeds and trash, and were at risk for rat infestation. The CAC recommends filling two of the three gardener positions. Mr. Murphy expressed appreciation to the executive recruiter for soliciting input from the CAC on the criteria for selecting the Director of Transportation. 9. Public Comment Sylvia Alvarez Lynch, SEIU Local 790, stated that Muni continued to violate the MOU by failing to fill administrative, car cleaner, custodial, station agent and telephone information operator positions, which create adverse working conditions. Clerical staff is expected to perform the same amount of work in a shorter time and are being penalized for not getting their job done. Car cleaners are working in conditions that are in direct violation of the MOU. Management has cut cleaning shifts from three to two. Management has no desire to work with union. She requested that the Board direct management to meet with the rank and file. Lino Pelesasa stated that management has an obligation to provide clean vehicles. There is a critical staffing shortage in the car cleaner area. Management needs to hire two or three car cleaners to work on the weekends. Michael Rash stated that the director of operations has failed to accommodate him pursuant to his doctors’ orders. He requested that his chair be replaced but was given the run around and his request was not complied with. He stated that the custodian supervisor was making up illegal rules. Management needs to straighten out the problem. Robert Nava, car cleaner supervisor, stated that he was transferred to another division in violation of the MOU so he has filed a grievance. Management was told about the shift change problems but they didn’t respond. Supervisors are making their own rules. Workers rights are not being respected. Rodney Blalock, SEIU Local 790, stated that the custodian department has had a 20% vacancy rate over the past 2 years. A custodian should be at each subway station. He requested that the Board tell management to release the hold on eight custodial and eleven car cleaner positions and request additional staff to man the telephone lines. Mary Walker, Station Agent, discussed the shortage of custodians and how the shortage affects station agents. Metro stations have turned into toilets. The stations and booths are filthy and the appropriate cleaning supplies aren’t available. The Powell St. station is filthy and it’s embarrassing that the most important station is so filthy. Bruce Williams, SEIU Local 790, stated that there is a crisis in staffing levels, particularly with car cleaner, custodian, clerical and station agent positions. Riders and employees are suffering. He stated that he has heard that some managers were trying to address the problem. Reducing the Metro car cleaner shifts caused incredible hardship and didn’t make sense. There are eleven car cleaner and eight custodian positions that are being held. Negusu Merid, NM Parking, stated he attended the board meeting on June 30th and was told to come to today’s meeting for the hearing on the NM parking contract. (A.E.D. Sunshine stated that Mr. Ron Szeto would be in contact with all interested parties regarding the scheduling on this matter. Staff was still doing their due diligence on the matter.) Richard Glassman stated that he works at Metro as a car cleaner. He stated that staff changed shifts. There are only 4 people on the day shift. Mr. Burns, Mr. Stephens and Mr. Hursh have all stated that they wanted high quality work but it is tough to do when short staffed. David Pilpel inquired if staff was continuing to work on the Short Range Transit plan. He stated that Muni’s annual data collection plan required 25 filled positions but he understands that there are only 14 filled positions. This will result in fewer baseline checks. He expressed interest in hearing about outstanding contractual issues with Trapeze and if the software program was achieving full functionality. He stated that the general sign-up would be taking place on Sept. 24th and wondered how much platform savings would be achieved and what the impact was on the budget given the delayed implementation. He expressed support for the street resurfacing bond and stated that he is not supporting the effort to reconstitute the Board. David Tornheim stated that there would be a fare strike on September 1 due to the public’s outrage over fare hike and service changes. He expressed hope that people honor the strike. Roger Bazeley commended the Board for their scrutiny of calendar items. He stated that staff should be focused on a multi-modal model of transportation planning. There should be a strategic planning report that includes pedestrians, safety, and bicycles. Because of the focus on Muni, DPT’s problems and needs aren’t scrutinized. Barry Taranto stated that he was threatened by a PCO for bringing to the PCO’s attention that cars were parked in the traffic lane when he was just trying to help. Afternoon 49’er games will be problematic because they will be played at a time when cab drivers are changing shifts. Staff is supposed to do a study regarding staffing on weekends and nights. Charlie Walker stated that it was pathetic that there had been no thought put into the stops along Third St. He stated that there were no left turns on Third Street because residents were black people and white people wouldn’t be treated like that. There are lights where there are no intersections and no thought has been put into traffic signs and signals. Herbert Weiner stated that he wondered why the police didn’t know how much space existed between meters and asked the Department of Parking and Traffic to provide that information to the Police Department. 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:
RESOLUTION 05-123 (10.2) Approving Amendment No. 4 to the Appointment and Compensation Agreement between the City and Michael T. Burns to extend the term of the “General Manager’s Incentive Compensation Plan” to June 30, 2005 and authorizing the MTA's Deputy General Manager for Human Resources to take all steps necessary to administer the closeout of the Appointment and Compensation Agreement. (Explanatory documents include a staff report, resolution, amendment and plan.) (MTA) Item 10.2 was removed from the Consent Calendar at the request of a member of the public PUBLIC COMMENT: David Pilpel expressed his understanding that the bonus was in the $5000 range and suggested that it would be helpful to the public if they were informed whether Mr. Burns accepts the bonus this year as he had declined to take his bonus for the prior two years. David Tornheim stated that he wanted to know why the matter hadn’t been handled prior to Mr. Burns’ departure and wanted to know the amount of the bonus. RESOLUTION 05-124 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, Mezey and Vaughns ABSENT – McCray (10.3) Appointing the Director of Transportation to serve on the Peninsula Corridor Joint Powers Board of Directors and, subject to confirmation by the Board of Supervisors, the Transbay Joint Powers Authority Board of Directors. (Explanatory documents include a staff report and resolution.) (MTA) Item 10.3 was removed from the Consent Calendar at the request of a member of the public PUBLIC COMMENT: David Pilpel suggested that a member of the Board could serve in the two appointed positions rather than a staff person. He stated that it had always struck him as odd that a staff member represented the MTA on the two other boards. RESOLUTION 05-125 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, Mezey and Vaughns ABSENT – McCray (10.4) Authorizing the Director to accept and expend $3,887,113 in Section 5309 Bus and Bus Facilities capital assistance for design and construction of the Islais Creek Motor Coach Maintenance Facility. (Explanatory documents include a staff report and resolution.) (MTA) RESOLUTION 05-126 (10.5) Authorizing the Director to accept and expend $2,945,658 of Bridge Toll Net Revenues for MUNI capital projects related to the Cable Car Infrastructure Program, Wayside Fare Collection Equipment Replacement, Trolley Coach Replacement, Trolley Overhead Rehabilitation, Radio Communications and CAD System Replacement, Rail Replacement, and Motor Coach Replacement. (Explanatory documents include a staff report and resolution.) (MTA) Item 10.5 was removed from the Consent Calendar at the request of a member of the public PUBLIC COMMENT: David Pilpel inquired about the details of each project beyond what was provided in the staff report and the Short Range Transit Plan. Roger Bazeley expressed concern for the need to provide for passenger safety at certain stops, particularly at Cable Car stops. He stated that something needed to be done so vehicles would know that there were passengers disembarking from a Cable Car and stepping into the street. He added that he would like to see money for safety upgrades. RESOLUTION 05-127 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, Mezey and Vaughns ABSENT – McCray (10.6) Authorizing the Director to accept and expend $2,534,800 of TFCA Regional Funds to purchase and install particulate matter traps on diesel motor coaches, restripe street lanes, create new left turn lanes, establish bicycle lanes, and expand the City’s Intelligent Transportation System program. (Explanatory documents include a staff report and resolution.) (MTA) RESOLUTION 05-128 (10.7) Authorizing the Director to execute Contract Modification No. 6 to Contract 300, Procurement of Articulated and Standard High Floor Clean Diesel Coaches with Neoplan for changes in paint and decal color for 24 articulated coaches and 8 standard coaches and revisions to the list of spare parts, special tools and option spare parts in an amount not to exceed $325,270 and a total contract amount not to exceed $128,554,743. (Explanatory documents include a staff report, resolution and financial plan.) (MUNI) Item 10.7 was removed from the Consent Calendar at the request of a member of the public PUBLIC COMMENT: David Pilpel stated that there was an inconsistency in the dates in the staff report and in the resolution and wondered if the amendment required approval by the Board of Supervisors. He requested that the information regarding the Supervisor’s approval be included in the staff report. Roger Bazeley inquired about the paint and decal changes. He suggested that the color scheme on buses and light rail vehicles could also be used on vehicles on the BRT line. Chairman Vaughns asked the Board Secretary to note the housekeeping correction. RESOLUTION 05-129 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, Mezey and Vaughns ABSENT – McCray (10.8) Authorizing the Director to execute Modification No. 5 to Contract CS-113, Professional Design and Support Services for Muni Bus Procurement with Cornerstone Concilium, Inc./Parsons Brinckerhoff Quade and Douglas, extending the term of the contract by one year to September 9, 2006, without an increase in the contract amount. (Explanatory documents include a staff report, resolution and financial plan.) (MUNI) RESOLUTION 05-130 (10.9) Authorizing the Director of Transportation to execute the First Amendment to the SFgo Initial Phase Agreement for Professional Services and Software License with PB Farradyne to increase the scope and value of the contract by an amount not to exceed $349,000 for a total contract amount not to exceed $1,048,961. (Explanatory documents include a staff report, resolution and agreement.) (DPT) RESOLUTION 05-131 (10.10) Fixing the wage schedule for Transit Operators, Classification 9163 as $26.3350 per hour for Operators and $16.5911 per hour for Operator Trainees effective July 1, 2005 and $26.5000 per hour for Transit Operators, Classification 9163 and $16.6950 for Operator Trainees effective November 5, 2005. (Explanatory documents include a staff report, resolution and memo.) (MUNI) Item 10.10 was removed from the Consent Calendar at the request of a member of the public PUBLIC COMMENT: David Pilpel inquired what the current rate and the budgetary impacts were. He stated his assumption that the increase was anticipated and included in the FY06 budget. He stated that it would be helpful if the information were in the staff report. RESOLUTION 05-132 On motion to approve Item 10.10: ADOPTED: AYES – Black, Din, Kasolas, Mezey and Vaughns ABSENT – McCray On motion to approve the Consent Calendar (Item 10.2, 10.3, 10.5, 10.7 and 10.10 severed): ADOPTED: AYES – Black, Din, Kasolas, Mezey and Vaughns ABSENT - McCray REGULAR CALENDAR MUNICIPAL TRANSPORTATION AGENCY 11. Hearing to consider public views regarding the criteria for the selection of a Director of Transportation. (No explanatory documents.) Chairman Vaughns stated that the item was on the agenda because the Board valued input from the public and is interested in hearing what leadership qualities, skill sets and other important characteristics to consider in the selection of the next Executive Director, PUBLIC COMMENT: David Tornheim stated the Coalition for Transit Justice wants to be involved. They want to make sure that the Director is involved with the public and with the Coalition for Transit Justice groups. The Director should be concerned about the “Transit First policy” and should give buses, bikes and pedestrians priority over cars. They person needs to be receptive to labor. Communication with the public should be a top priority. The Coalition would like to interview the candidates. David Pilpel stated that the Director needed to be more of a political person who understands the MTA board, and who can work with Mayor, the Board of Supervisors and other city players. The Director should have an understanding and appreciation of Muni and DPT but doesn’t need to be the kind of technocrat that the Muni general manager and deputy director of DPT need to be. The individual should be open and communicative and should understand the complexities of not just operations but the framework in which MTA exists. They should know the MTA’s history, have vision and be able to understand problems and work collaboratively. Roger Bazeley expressed hope that the new director would have the ability to go beyond the old public transit operations model and have an understanding of modern transportation planning models. This person should not only have good management skills but also policy skills and transportation planning experience. The person should be innovative and adaptive and should embrace new solutions. Sue Vaughan, San Francisco Green Party and Coalition for Transit Justice, stated that the MTA should hire a Director that understands transit-first and who will emphasize pedestrians and bicyclists. The Board should hire someone who is living “car-free” and who has a personal transit-first policy in their life. Emma Gerould, Coalition for Transit Justice, stated that hiring a new director was very important and the Coalition wanted to be consulted and included. The new Director should keep the MTA in compliance with World Environment Day initiatives; should seek new forms of revenue through progressive taxation; and make downtown pay it’s fare share. The Director should communicate well with the public and employees; meet with community groups; have a pro-labor stance and be a regular muni rider. Herbert Weiner stated that the former Exec. Director left a mess behind and the new Exec. Director will have to repair the legacy. Mr. Weiner expressed support for better services, rehiring drivers and lowering fares. The new Director should listen to everyone. The “transit first passenger last” attitude has to stop. Ken Rodriguez, TWU, Local 200 stated that the next Exec. Director should be somebody who could deliver the mandate of Prop. E and who would make service delivery the highest priority. Chairman Vaughns closed public comment and thanked the speakers for their comments. She stated that stakeholders’ comments had been solicited and heard and that the Board would take all comments into consideration. 12. Approving the exercise of Options #2 and #6 in the Lease with One South Associates, for the lease of Revenue Center space and of additional storage space, and approving the lease of approximately 34,685 square feet of space on the basement level of 1 South Van Ness Avenue at a total annual rent of approximately $408,135 plus an estimated $27,600 per year for utilities and other services. (Explanatory documents include a staff report and resolution) This item was continued to the meeting of Sept. 6 at the request of staff. MUNICIPAL RAILWAY 13. Authorizing the Director to execute an agreement with the Southern California Railway Museum to purchase Car No. 913, an historic New Orleans streetcar in an amount not to exceed $200,000. (Explanatory documents include a staff report, resolution and agreement.) PUBLIC COMMENT: Art Michel, Market St. Railway, stated that Car 913 is from the same series as the “Desire” streetcar that is currently on Muni property. Car 913 is intact and it is valuable because it is a double-ended car. Market Street Railway endorses the purchase of this car. RESOLUTION 05-133 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, Mezey and Vaughns ABSENT - McCray 14. Approving the Third Amendment to Contract No. MR-1034R and Settlement Agreement with Alcatel Transport Automation to resolve claims and disputes between the City and Alcatel regarding the nature and extent of contract work remaining to be performed, system performance specifications and requirements, work schedules, payment schedules, liquidated damages for non-performance, and release of retention related to the Advance Train Control System Project. (Explanatory documents include a staff report, resolution and contract modification.) The item was continued to the September 6 meeting at the request of staff. RECESS REGULAR MEETING AND CONVENE CLOSED SESSION CLOSED SESSION 1. Call to Order Chairman Vaughns called the closed session to order at 5:28 p.m. 2. Roll Call Present:
Absent: James McCray, Jr. Also present:
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 (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:
(4.1) William Jones, Unlitigated Claim #502646 filed on 2/16/05 for $9,477.30 RESOLUTION 05-134 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, Mezey and Vaughns ABSENT - McCray (4.2) Duysa Mikhelson, Superior Ct. #3425062 filed on 10/3/03 for $23,000 RESOLUTION 05-135 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, Mezey and Vaughns ABSENT - McCray (4.3) Bobby Feagin, Superior Ct. #434184 filed on 8/26/04 for $75,000 RESOLUTION 05-136 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, Mezey and Vaughns ABSENT - McCray (4.4) Chubb Customs Insurance, Superior Ct. #435513 filed on 10/15/04 for $194,321.33 RESOLUTION 05-137 On motion to approve: ADOPTED: AYES – Black, Din, Kasolas, Mezey and Vaughns ABSENT - McCray (4.5) Unspecified to protect settlement posture No action was taken. ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 6:10 p.m. 15. Announcement of Closed Session. Chairman Vaughns announced that the Board met in closed session to discuss various cases with the City Attorney. The Board voted unanimously to settle the Jones, Mikhelson, Feagin and Chubb cases (McCray-absent). The Board took no action on the unspecified case. 16. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved (McCray-absent). ADJOURN - The meeting was adjourned at 6:11 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 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 [S.F. Campaign and Governmental Conduct Code section 2.100 et seq.] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 415-581-2300; fax: 415-581-2317; 30 Van Ness Ave., Suite 3900, SF, CA 94102-6027 or the web site: sfgov.org/ethics.
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