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4:00 ‑ REGULAR MEETING

ORDER OF BUSINESS

1. Call to Order

Chairman Vaughns called the meeting to order at 4:05 p.m.

2. Roll Call

Present:

  • Wil Din
  • H. Welton Flynn
  • Michael Kasolas
  • James McCray, Jr.
  • Cleopatra Vaughns

Absent:

  • Shirley Breyer Black
  • Mike Casey

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 may be removed from the meeting.

4. Approval of Minutes

On motion to approve the minutes of the February 3, 2004 Regular Meeting: unanimously approved (Casey, Black, McCray-absent).

5. Communications

The secretary announced that the Interim Tow Contract Agreement had been removed from the agenda at the request of staff.

6. Introduction of New or Unfinished Business by Board Members

-2 nd Quarter EEO Report

Director Flynn has spoken with staff about the report and is satisfied with the report.

7. Director's Report (For discussion only)

-Ongoing Activities

Director Burns announced that Norm Mineta, Secretary of Transportation, has requested a tour of the Third Street Project, Phase I and II. The tour is scheduled for Friday however final details are still being discussed. This is good news following the recent recommended rating by the Department of Transportation for Phase II, the New Central Subway.

The Transportation Audit has been completed but the report has not yet been issued. Muni is on schedule to receive appropriations in March. Staff anticipates no construction delays for any ongoing project.

Muni will be substituting a bus for J-Church service for the next two weekends to do some work on the line, weather permitting. Staff is coordinating outreach to the community. This work is scheduled to occur at a time that will have the least effect on residents and riders.

The Transportation Authority is conducting a Muni Rider survey in February and March. The data will be used to improve their travel demand model. This model is an important tool for planning and funding purposes. Every line will be surveyed. The survey is available in English, Spanish and Chinese.

Director Din asked for a copy of the survey. Director Kasolas would like to know the results of the survey once it is complete.

8. Citizen's Advisory Council Report

No report was presented.

9. Public Comment

Barry Taranto has tried to convince DPT staff that there was an illegal no right turn on Doyle Dr. He thinks that residents are tired of the extra traffic on Lombard St. and suggests that engineering staff look at the situation. Traffic lights should be installed on Marina Blvd. to alleviate the traffic problems on Richardson and Lombard. There continues to be problems with limousines parking in yellow zones. Double-parking in certain commercial areas should be better enforced.

David Pilpel wondered about the on-time performance goal of 85%, which is to be met on July 1 of this year. He asked when the timetable would be published and is concerned about missed service. He would like to see the plan to meet the service standards.

Glenda Lavigne, President, Local 200 is concerned about the glass ceiling at Muni as it seems that nobody from within Muni is qualified to fill senior level positions. Proposition E can't be violated.

William Sisk, President, Local 250A noted that Woods is already missing service. He thinks Proposition E is a joke.

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:

  1. Nga Pham, Superior Ct. #416547 filed on 1/21/03 for $3,125
  2. John & Mary Kabala, Superior Ct. #407106 filed on 4/24/03 for $5,000 (DPT)
  3. Kelly Long, Superior Ct. #404057 filed on 1/31/02 for $5,000
  4. Jeffrey Shoemaker, Unlitigated Claim #0474551 filed on 8/28/03 for $6,460.42
  5. Brian Borsos & Douglas Wu, Unlitigated Claim #0486491 filed on 12/17/03 for $6,949.57
  6. Maya Holdvekht, Litigated Claim#0301535 filed on 11/12/03 for $13,000
  7. Jason Talavera & Aye Hnin, Unlitigated Claim #0486492 filed on 12/22/03 for $15,370.53
  8. Claudia Alvarez, Superior Ct. #314066 filed on 8/2/00 for $20,000

RESOLUTION 04-020

(10.2) Approving the following traffic modifications:

A. ESTABLISH - TOW-AWAY, NO STOPPING ANYTIME Portola Drive, south side, from Diamond Heights Boulevard to 100 feet easterly

B. ESTABLISH - NO PARKING ANYTIME Waterville Street, east side, across from the north property line of 6 Waterville Street to the northern terminus of the roadway.

C. RESCIND - TOW-AWAY, NO STOPPING ANYTIME; RESCIND - RIGHT LANE MUST TURN RIGHT; ESTABLISH - TAXI ZONE Polk Street, west side, between Redwood and McAllister Streets

D. RESCIND - TAXI STAND Dr. Carlton B. Goodlett Place, east side, from 208 feet to 232 feet south of McAllister Street

E. ESTABLISH - RESIDENTIAL PERMIT PARKING AREA "S" (2-HOUR TIME LIMIT, 9 AM - 9 PM, MONDAY THROUGH FRIDAY) Oak Street, both sides, between Gough and Octavia Streets; 179 Oak Street, between Franklin and Gough Streets

F. ESTABLISH - UNMETERED MOTORCYCLE PARKING Noe Street, east side, from Elizabeth Street to 11 feet southerly. (Explanatory documents include a staff report, and resolution.) (DPT)

RESOLUTION 04-021

(10.3) Authorizing the Director to accept, and expend $191,205 of State Traffic System s Management Revenues for Muni's Transit Signal System Preemption project. (Explanatory documents include a staff report, and resolution.) (MUNI)

RESOLUTION 04-022

(10.4) Approving the plans and specifications, and authorizing the Director to advertise bid call for Contract No. MR-1203: Bayview Connections. (Explanatory documents include a staff report, resolution and financial plan.) (MUNI)

RESOLUTION 04-023

(10.5) Accepting Contract No. MR-1193, The Zoo Loop Rail Replacement Project, approving the final contract amount of $3,347,795.49, authorizing the release of retention in the amount of $5,000, and closeout of this contract with Homer J. Olsen/Shimmick Construction. (Explanatory documents include a staff report, resolution and financial plan.) (MUNI)

RESOLUTION 04-024

(10.6) Recommending that the Board of Supervisors concur with the Controller's certification that it is more economical to contract for an Interim Emergency Service Agreement for Towing, Storage and Disposal of Abandoned and Illegally Parked Vehicles than to provide the same services with City and County employees. (Explanatory documents include a staff report, contract and certification.) (DPT)

RESOLUTION 04-025

No public comment.

On motion to approve the Consent Calendar:

ADOPTED: AYES -Din, Flynn, Kasolas, and Vaughns

ABSENT - Black, Casey, McCray

REGULAR CALENDAR

MUNICIPAL TRANSPORTATION AGENCY

11. Informational presentation on the FY 2005 budget for the Municipal Transportation Agency.

(Explanatory documents include a staff report.)

Chairman Vaughns asked the Secretary to call Items 11 and 12 together.

Michael Burns, Director of Transportation reviewed the revenues, expenses and presented possible solutions. The board will hold a special meeting on Friday, February 27th to act on the budget, however the budget will continue to evolve over the next few months. He has offered two briefings to the unions.

Alicia Fletcher, Muni Budget Manager reviewed the FY05 Muni budget and proposed solutions. Muni has a projected deficit of $31.9 million. Health care costs have increased by 17% and the employer retirement contribution is currently set at 4.5%. There are a number of assumptions within the budget including employees will continue to contribute to their own retirement, there will be no wage increases, and this will be the last year of the economic downturn.

Peter Straus, Manager, Service Planning, reviewed the proposed service adjustments. Ridership has declined in recent years so staff has adjusted service to match current ridership levels. There are a few lines that are over capacity and Muni has few problems with pass-ups. Many lines are performing well below the standard so there is room to make adjustments without significantly impacting riders. Other Bay Area transit properties have reduced service by 25-30%. Muni's total magnitude is less than 3%. Service is being added to some lines.

Director Flynn called some of the adjustments phenomenal and wondered why staff hasn't made these adjustments before now. Director Flynn also asked staff to provide the board with the plan to pay back the monies borrowed from the Lease/Leaseback fund.

Chairman Vaughns asked for more details on the 5307 funds and the projects that would be impacted. Director Burns will provide the information but added that no project that is safety-critical would be delayed. Chairman Vaughns also asked staff to clarify position substitutions and a discrepancy in numbers on page 80.

Julia Dawson, DPT Budget manager, presented the FY05 DPT budget. The DPT budget is in balance primarily due to an increase in the general fund transfer.

PUBLIC COMMENT:

David Pilpel stated that this is the worst budget process he's seen and thinks it represents a breach of faith with voters, riders and taxpayers. The level of information in the staff report is sketchy and doesn't explain the impacts of the proposed solutions. The budget needs more analysis and public input.

Glenda Lavigne asked if the proposed service adjustments were in addition to the missing 3%. She wondered how we would meet service standards in the future if we're not meeting them at the moment. She also asked about the replacement of the leaseback funds and the layoffs.

Howard Strassner, Sierra Club, appreciates the information but suggests that the board implement a two-year budget to make the information more relevant. He is concerned about borrowing money from future years. The Board of Supervisors should be asked to raise the parking tax.

Jeremy Nelson, Transportation for a Livable City, would like the MTA to reduce dependence on cars. He doesn't support the service cuts but is glad to see that fare increases aren't on the table. He would like to have a chance to do a line-by-line analysis of the service adjustments and thinks that the public should have more time to give the board their input. He urged staff to look at other funding sources, such as increasing the parking tax, implementing a local gas tax and vehicle fee. Meter hours should also be extended.

Norman Rolfe echoed the concerns of other speakers. Muni is taking money from future budgets which may be even worse. Muni is "robbing Peter to pay Paul" and should look at increasing the parking tax.

Rafael Cabrera stated that service adjustments are service cuts. Muni can't violate Prop. E, and must provide service to San Francisco.

Director Burns noted that there will be a full public outreach process for the service adjustments, The board's vote on the budget next week won't be final as staff is trying to deal with too many unknowns. The board will have to make some tough decisions.

12. Public Hearing to consider the MTA's proposal to consider fee, fare and rate changes for the Municipal Railway and for the Department of Parking and Traffic.

Annette Williams, Manager, Accessible Services reviewed the Paratransit Coordinating Council's proposal. The paratransit community wants fare equity among modes which doesn't exist at the momet.

PUBLIC COMMENT:

Peggy Coster is opposed to the proposal as people on a fixed income haven't seen their income increase in ten years. This increase will take away independence for people and will isolate them. She doesn't think that fares should be raised until Muni runs on time.

Laurie Graham, Chair, PCC Executive Committee, stated that the PCC has worked hard to bring equity to paratransit fares in all modes. She urged the board to accept the proposed fare structure. She appreciates the dedicated taxi-medallion holders who are providing good service to people with disabilities, adding that ramped taxi drivers have said that they couldn't meet their own expenses if it weren't for ramped taxi orders.

Bruce Oka, PCC member, noted that the PCC has have been talking about this fare equity issue for more than six years. They are concerned about people on SSI and all others that are on some kind of fixed income but Muni has an unequal fare structure that needs to be equitable. Please support the staff recommendation.

Cheryl Damico, Chairman of the PCC paratransit lift van group, stated that the committee has worked on this proposal for a long time. If approved, it will cost her more but she supports the measure. It's important to have fare equity within the system.

David Pilpel questioned whether the public hearing has been properly noticed and asked for an analysis of paratransit trips. He also asked if there were any other changes to the MTA fees, rate and fare structure.

Karen Young-Simmons is in support of the proposal.

DEPARTMENT OF PARKING AND TRAFFIC

13. Authorizing the Director to enact the following regulation governing the parking of vehicles in accordance with provisions of the San Francisco Traffic Code:

ESTABLISH - CONSULATE PARKING ONLY, AT ALL TIMES - Baker Street, east side, from 11 feet to 64 feet north of Green Street (53-foot zone). (Explanatory documents include a staff report and resolution.)

No public comment.

RESOLUTION 04-026

On motion to approve:

ADOPTED: AYES - Din, Flynn, Kasolas, McCray and Vaughns

ABSENT - Black and Casey

14. Authorizing the Director to execute an emergency interim service agreement and property use license for towing, storage and disposal of abandoned and illegally parked vehicles with TEGSCO/San Francisco Auto Return, on substantially the same terms applicable under the current contract for a term commencing in March 2004 and not to exceed one year, for the purpose of maintaining continuity of service and protecting the public welfare while the City negotiates a long-term contract for these services. (Explanatory documents include a staff report, contract and resolution.)

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

MUNICIPAL RAILWAY

15. Authorizing the Director to execute Contract Amendment No. 4 to Contract CS-103, Professional Engineering Consultant Services to support MUNI Light Rail Vehicle Procurement, with Booz Allen & Hamilton Inc. for further consulting services through closeout of light rail vehicle replacement program; increasing the contract by $1,500,978, for a total contract amount not to exceed $17,223,332; and extending the term of the contract through December 31, 2007. (Explanatory documents include a staff report, resolution, amendment and financial plan.)

No public comment.

RESOLUTION 04-027

On motion to approve:

ADOPTED: AYES - Din, Flynn, Kasolas, McCray and Vaughns

ABSENT - Black and Casey

16. Authorizing the award of Contract No. MR-1186, Cable Car Traffic Signal Preemption at California Street and Grant Avenue, to Millard Tong Construction Company for a total contract amount of $329,848. (Explanatory documents include a staff report, resolution and financial plan.)

No public comment.

RESOLUTION 04-028

On motion to approve:

ADOPTED: AYES - Din, Flynn, Kasolas, McCray and Vaughns

ABSENT - Black and Casey

RECESS REGULAR MEETING AND CONVENE CLOSED SESSION

CLOSED SESSION

1. Call to Order

Chairman Vaughns called the closed session to order at 6:15 p.m.

2. Roll Call

Present:

  • Wil Din
  • H. Welton Flynn
  • Michael Kasolas
  • James McCray, Jr.
  • Cleopatra Vaughns

Absent:

  • Shirley Breyer Black
  • Mike Casey

Also present:

  • Michael T. Burns, Director of Transportation
  • Roberta Boomer, Board Secretary
  • Julia Friedlander, Deputy City Attorney
  • Karen Kirby, Deputy City Attorney
  • Mike Hursh, Deputy General Manager, Maintenance
  • Wilson Johnson, Deputy General Manager, Transportation
  • Bond Yee, Traffic Engineer

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 (Black, Casey-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) Carmen Marcel-Almodovar, Superior Ct. #404422 filed on 2/13/02 for $1,000,000

RESOLUTION 04-029

On motion to approve:

ADOPTED: AYES -Din, Flynn, Kasolas, McCray and Vaughns

ABSENT - Black and Casey

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 6:33 p.m.

17. Announcement of Closed Session.

Chairman Vaughns announced the board met in closed session to discuss Marcel-Almodovar vs. CCSF with the city attorney. The board voted unanimously to settle the case.

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

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

ADJOURN - The meeting was adjourned at 6:35 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 [ 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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