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4:00 - REGULAR MEETING ORDER OF BUSINESS 1. Call to Order Chairman Flynn called the meeting to order at 4:15 p.m.
2. Roll Call Present:
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 August 5, 2003 Regular Meeting: unanimously approved.
5. Communications 6. Introduction of New or Old Business by Board Members Director Casey asked about correspondence received from Supervisor Dufty asking for feedback about Supervisor Gonzalez's resolution about political ads on buses. He understands that no action is being considered at this time but wondered what staff was doing about it. Director Burns noted that staff is in the process of developing a policy on advertising that they will bring to the MTA for approval in November. Chairman Flynn stated that Muni has a current advertising contract in place by which we need to abide. 7. Director's Report (For discussion only) -Special Recognition Award -Quarterly Service Standards Report -Quarterly Report on Key Capital Projects -Ongoing Activities Michael Burns welcomed Director Din to the MTA. The Special Recognition Award is continued to next meeting. The first Muni fare increase in 10 years went into effect on September 1, following an extensive public relations campaign including three TV commercials, signs, stickers, billboards and press releases. The information was also provided information to all Muni Fare Pass and Paratransit Vendors, other Bay Area transit agencies and community stakeholders. Announcements were made on the Jumbotrons during the ballgames at PacBell and Candlestick. Service quality teams were at major locations all last week to inform our riders of the fare change and to answer any questions. Internally, adjustments were made as well including the recalibration of fare gates and boxes and ticket vending machines, reconfiguration of change machines and installing new fare decals and stickers. The San Francisco 49er Football Team is scheduled to play ten home games this season, 2 pre-season and 8 regular season games. In support of the games MUNI provides 60 coaches pre game and 70-post game. The increase in post game coaches is due to ongoing construction on Third Street. Approximately 30 Parking Control Officers have been assigned to help facilitate traffic movement in and around Candlestick Park during 49'er games. In addition, DPT has been working closely with the Candlestick Point/Bayview Heights Neighborhood Committee to address neighborhood concerns related to events at Candlestick Park. DPT is in the process of implementing several improvements in this area to minimize the impact on the neighbors including: installation of easier to read and more visible signs alerting neighbors and the public of parking restrictions and to discourage attendees from parking in the neighborhood on game days; installation of additional stop signs and street markings to improve safety and working with the 49'ers to have messages displayed on Jumbotron discouraging attendees from parking in the neighborhoods. There have been no incidents reported during the pre-season games. There is nothing new to report on Third Street and all our other projects are proceeding as planned. Muni has received word that San Francisco Beautiful, a civic organization, which has been awarding initiatives for over 35 years, will give them an award in October. The award is for Muni's efforts to significantly enhance the character and urban streetscape along the major commercial artery of the Ocean Avenue neighborhood and corridor. This started out as a basic infrastructure project to replace Muni's overhead wire and wire. It turned into a renaissance project for the corridor, which provided additional amenities, including undergrounding of PG&E's wires; sidewalk bulb outs; other decorative and street lights; palm trees; and new street paving. It's a better project due to the collaboration between many neighborhood organizations, DPW, DPT, the Bureau of Light, Heat and Power, the Water department and PG&E; Director Burns introduced Fred Stephens, General Manager who presented the FY03 4 th Quarter Service Standards. Director Burns noted that this fiscal year was a year of plateaus and Muni didn't achieve some of its goals due to the budget. Muni staff is working on initiatives to meet the extremely challenging measures in Prop E. General Manager Stephens highlighted key indicators. On-time performance fell short of the 75% goal. The largest obstacle to meeting this goal is vehicles that run ahead of schedule. This is a long-standing problem and with TWU's support, Muni is urging operators to not leave the terminals early. In response to a question about crime, Robert Hertan, Director of Muni Security noted that crime is down due to a cooperative effort with district captains and commanders and a school resource officer program. 8. Citizen's Advisory Council Report Daniel Murphy, Chairman, CAC, welcomed Wil Din to the MTA board. He presented a number of recommendations including endorsement of the Translink program in concept and changing fare gates in the Metro to not accept tokens. He also reviewed the CAC's recommended changes to the Short Range Transit Plan. The CAC supports the designation of all lines as "proof of payment" lines. He also commented that the board will be hearing some feedback about parking garage rates and reminded the board that when the CAC agreed to support the budget, they did so because it was balanced between cars and buses. The budget was comprised of many difficult decisions but it did represent a balance between various interests. 9. Public Comment Bob Planthold spoke about the lack of station agent hiring which is a safety concern. He thinks that Muni is being penny wise and pound foolish about staffing station agent booths as it is an increased safety hazard which in the end won't save any money. Barry Taranto welcomed Director Din on behalf of the cab drivers. He thanked Mr. Howard for help with enforcement around the Hilton hotel and appreciates the cooperation for the betterment of the city. He also thanked Steve Patrinick for his work on bus zones. He noted that the Taxi Commission is starting to look at the ramped taxi issue but Muni needs to get involved to force companies to cooperate. Richard Rothman noted that tokens aren't available in the Treasurers office. He works at SF General Hospital and didn't receive advance notice of the parking rate increase. He added that this garage isn't in a shopping center but is located next to a public hospital in a neighborhood. He called the rate increase exorbitant and urged Muni to bring the 47-line back to the area, as he won't ride the 9-San Bruno. He also suggested shuttle service from Market and Van Ness and that staff should go after SB1732 monies. He encouraged staff to put the rate increase on hold until there was a chance for "meet and confer" with the unions. Ed Kinchley, SEIU, asked the board to reconsider the parking rates at SF General. Employees took a pay cut this year to help the city's budget deficit and now they are told, months later and without prior notice, that rates were being increased at a percent unequal to anywhere else in the city. The rate was originally set to equal the cost of a Muni Fast pass and raising it to $65 is ludicrous. Nobody at the Hospital or at the Department of Public Health knew it was being considered. Director Black asked about SB1732 monies. Mr. Kinchley stated that every year the state has been invoiced but no money has been collected. Director Black asked staff to look into it. Kim Tavaglione, Local 250 that represents employees at SF General, noted that the hospital is a 24/7 operation and exists to take care of people. Employees can't take BART because it doesn't operate before the shift change which forces people to drive to work. This is another increase on top of the employee retirement system contribution. The notification process was botched. There should be a moratorium on the fare increase pending further discussions and public hearings. Giuliana Milanese, represents nurses at SF General commented that many nurses commute from other counties where public transportation isn't good. Work at the hospital is one of the hardest jobs in San Francisco but people but hang in because of their commitment to people who are uninsured. She urged the board to implement a moratorium and give health care workers a break Jane Goldman, staff development coordinator at SF General has worked there for 23 years. Nurses make about $22 per hour and can't afford to live in the city. Public transportation doesn't work to the hospital. Laundry workers and x-ray technicians don't make huge wages either and they are already giving back 7.5%. Keep the old rates or at least implement a sliding scale. Bill Barns, aide to Supervisor Chris Daly, urged the board to reconsider and reduce the rates at the garage. He read a letter from Supervisor Daly about the need to provide safe and accessible parking for people who operate this critical program. He urged staff to go after SB1732 monies and encouraged the board to revisit the rate structure. The Supervisor is open to working with the Agency to identify other revenue to offset the revenue from this rate increase. Director Black thanked people for appearing. She would like staff to look into this as something terrible has happened. Director McCray asked Ron Szeto to provide some information about SB1732 Ron Szeto, Acting Director, Parking Authority, has been working with the hospital to get money from the state for construction costs. They have submitted these costs to the state but they have had to start over several times due to new personnel at the state levels. Approximately 50% of the costs above the debt service is available for reimbursement which totals about 1 million. DPT is currently paying the debt service now. Director Casey asked about the impact of reconsidering the rate increase and what impact it would have on the budget. Director Burns stated that the amount of money the increase raises is approximately $700,00 and staff would have to find other revenue to fill the gap in the budget. The item would be brought back to the board for approval. Chairman Flynn reminded the board that the increase in parking garage fees was made in conjunction with keeping senior fares low. He added that the budget was publicized in the fashion proscribed by law and takes umbrage with the comments that people weren't notified. The budget wasn't done behind closed doors, and the union representatives on the board fought hard. Director Casey would like to think that somehow we could find less than $500,000 in some area without pitting seniors and students against health care workers. He asked staff to look for alternatives because the unions won't let this alone. Chairman Flynn noted that the new rate was currently in effect and would stay in effect until the board takes an action. Director Burns stated that the budget is under tremendous pressure and the opportunity may be in looking at other revenue sources. Other sources could include state money, which we are now subsidizing but he has zero confidence that we'll get money out of the state given their deficit. His first look will be to other revenue sources. While the amount may not sound like a lot, it is fairly clear that there isn't a lot of room in the budget. Director Vaughns stated that everyone needs to get real because when the board looked at the statistics, it was shown that the parking garage rate at SF General was substantially less than at any other garage. 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:
RESOLUTION 03-136 (10.2) Authorizing the Director to execute and file an application for FTA Section 5307 and STP program funding with DOT for capital assistance for high priority Muni projects and authorizing the Director to accept, and expend $48,094,526 in FTA Section 5307 and STP capital assistance for the following Municipal Railway projects: Cable Car Infrastructure Rehabilitation; Trans Bay Terminal; MUNI Rail Replacement; Paratransit Assistance; Overhead Lines Reconstruction; Trolley Coach Replacement; Motor Coach Replacement; Preventive Maintenance; Cable Car Vehicle Rehabilitation; Radio Replacement. (Explanatory documents include a staff report and resolution.) (MUNI) RESOLUTION 03-137 (10.3) Authorizing the Director to accept and expend funds in the amount of $524,957 from a Federal Highway Administration cooperative agreement to improve pedestrian safety. (Explanatory documents include a staff report and resolution.) (DPT) RESOLUTION 03-138 (10.4) Authorizing the Director to apply for, accept and expend $326,512 in Federal Capital assistance from FTA Section 5309 grant funds toward the purchase of new Light Rail Vehicle's. (Explanatory documents include a staff report and resolution.) (MUNI) RESOLUTION 03-139 (10.5) Authorizing the Director to apply for, accept and expend $199,203 in California Office of Traffic Safety funds to work with school groups to institute a comprehensive program of education, outreach, and enforcement to address traffic safety concerns around elementary schools. (Explanatory documents include a staff report and resolution.) (DPT) RESOLUTION 03-140 (10.6) A uthorizing the Director to execute Modification No. 3 to Contract CS-113 with Cornerstone Concilium/Parsons Brinckerhoff Quade and Douglas, extending the term of the contract by one year to September 9, 2004, without an increase in the contract amount (MUNI) RESOLUTION 03-141 (10.7) Authorizing the Director to amend the agreement with Alta Planning + Design to prepare a Bicycle Plan Update and Bicycle Pavement Arrow Study for an amount not to exceed $295,000, with a term ending June 30, 2004. (Explanatory documents include a staff report, resolution, contract and amendment.) (DPT) RESOLUTION 03-142 No public comment. On motion to approve the Consent Calendar: ADOPTED: AYES - Black, Casey, Din, Flynn, Kasolas, McCray and Vaughns REGULAR CALENDAR
MUNICIPAL RAILWAY 11. Authorizing the Director to execute the TransLink Interagency Participation Agreement between Alameda-Contra Costa Transit District, Golden Gate Bridge Highway and Transportation District, BART, S.F. Municipal Transportation Agency, San Mateo County Transit District, Santa Clara Valley Transportation Authority, and the Metropolitan Transportation Commission. (Explanatory documents include a staff report, resolution and agreement.) PUBLIC COMMENT: Edward Mason is fine with the project in concept but wondered about the inclusion of the BART plus program in the final program. He noted that this program isn't revenue neutral and wondered how many Muni riders will use it and how it will contribute to Muni's growth. He thinks it's nice to have the feature but wonders if can we afford it. The BART board has asked for stronger language because of issues with a subcontractor. The VTA is cautiously endorsing it. He thinks that it's time to consider a combined regional transit agency rather than multiple fare structures with agencies fighting for the money. Director Burns stated that system is used in Hong Kong and Chicago and a similar type of system is being rolled out in DC. Once the system is up and running, all operators will be responsible for part of the operating costs, something that has been clear from the start. He has a high level of confidence that the efficiencies to be gained will offset costs. This is Muni's fare collection modernization program and will allow us to go to full "proof of payment" on all bus lines. Some issues have been brought up recently about the subcontractor. The contract for this project is between MTC and Motorola with Motorola holding the performance bond. There is little risk for the MTA and there have been no problems with the subcontractor during Phase 1. Establishing a consortium will allow the regional operators input and control over the management of the system. Director Burns estimates that the cost will be $3 million per year prior to netting out any increased revenues and other efficiencies. RESOLUTION 03-143 On motion to approve: ADOPTED: AYES - Black, Casey, Din, Flynn, Kasolas, McCray and Vaughns 12. Authorizing the Director to execute the Participation Agreement, Head Lease, Sublease and related Agreements required to close a Leveraged Lease financing involving up to 21 Breda Light Rail Vehicles ; authorizing the Director to purchase U.S. Treasury or U.S. Agency Securities to fund the equity defeasance or solicit bids for and enter into a Guaranteed Investment Contract; and authorizing the Director to select an Equity Payment Undertaker. (Explanatory documents include a staff report, resolution, list of agreements and financial plan.) No public comment. RESOLUTION 03-144 On motion to approve: ADOPTED: AYES - Black, Casey, Din, Flynn, Kasolas, McCray and Vaughns 13. Authorizing the Director to issue an Information Memorandum in connection with a leveraged lease-leaseback transaction involving Muni's diesel buses and electric trolley coaches. (Explanatory documents include a staff report, and resolution.)
No public comment. RESOLUTION 03-145 On motion to approve: ADOPTED: AYES - Black, Casey, Din, Flynn, Kasolas, McCray and Vaughns 14 . Authorizing the award of Contract No. MR-1187, No. 6 Parnassus/No. 7 Haight Trolley Overhead Reconstruction, to Kingston Constructors for a total contract amount of $9,430,606. (Explanatory documents include a staff report, resolution and financial plan.) No public comment. RESOLUTION 03-146 On motion to approve: ADOPTED: AYES - Black, Casey, Din, Flynn, Kasolas, McCray and Vaughns DEPARTMENT OF PARKING AND TRAFFIC 15. Authorizing the award of Department of Public Works Contract No. 0435J: Contract 28-29 - Traffic Signal Modification to King C. Electric, for a total contract amount of $791,777. (Explanatory documents include a staff report, resolution and financial plan.) No public comment. RESOLUTION 03-147 On motion to approve: ADOPTED: AYES - Black, Casey, Din, Flynn, Kasolas, McCray and Vaughns RECESS REGULAR MEETING AND CONVENE CLOSED SESSION CLOSED SESSION 1. Call to Order
Chairman Flynn called the closed session to order at 6:14 p.m. 2. Roll Call Present:
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. 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) Irene Balibrera, Superior Ct. #400304, filed on 10/17/01 for $122,500 RESOLUTION 03-148 On motion to approve: ADOPTED: AYES - Black, Casey, Din, Flynn, Kasolas, McCray and Vaughns (4.2) Michael Littlewood, Superior Ct. #400402, filed on 10/10/01 for $145,000 RESOLUTION 03-149 On motion to approve: ADOPTED: AYES - Black, Casey, Din, Flynn, Kasolas, McCray and Vaughns ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 6:27 p.m. 16. Announcement of Closed Session. Chairman Flynn announced the board met in closed session to discuss the Balibrera and Littlewood cases with the city attorney. The board voted unanimously to settle the cases. 17. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved. ADJOURN - The meeting was adjourned at 6:28 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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