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MTA BOARD MEETING
TUESDAY, FEBRUARY 19, 2002
ROOM 400, CITY HALL
400 VAN NESS AVENUE
1 DR. CARLTON B. GOODLETT PLACE

4:15 - CLOSED SESSION

1. Call to Order

Chairman Flynn called the closed session to order at 4:27 p.m.

2. Roll Call:

Present:
Shirley Breyer Black,
Mike Casey,
Jose Cisneros,
H. Welton Flynn,
Enid Lim,
James McCray, Jr.,
Cleopatra Vaughns.

Also present:
Michael T. Burns, Director of Transportation;
Roberta Boomer, Board Secretary;
Robert Bryan, Deputy City Attorney;
Lisa Mancini, Chief Operations Officer;
Larry Williams, Deputy General Manger, HR/LR/EEO;
Rob Stone, Deputy City Attorney;
Sheryl Bregman, Deputy City Attorney;
Gerri Rosen-Park, Deputy City Attorney;
Jeff Gary, Worker's Compensation Manager;
Quincy Norris, Worker's Comp Task Force.

3. Public Comment

None.

4. 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 (Cisneros, McCray - absent).

5. Pursuant to Government Code Sections 54956.9, and Administrative Code Section 67.8 (3) the Municipal Transportation Agency Board will meet in closed session to discuss attorney-client matters in the following case:

(5.1) CONFERENCE WITH LEGAL COUNSEL

Anticipated Litigation:

___X__ As defendant _____ As plaintiff

(5.2) CONFERENCE WITH LEGAL COUNSEL

Anticipated Litigation:

_____ As defendant __X__ As plaintiff

ADJOURN - The closed session was adjourned at 4:57 p.m.

5:00 - REGULAR MEETING

ORDER OF BUSINESS

1. Call to Order:

Chairman Flynn called the meeting to order at 5:13 p.m. He apologized to the audience for starting the meeting late.

2. Roll Call:

Present:
Shirley Breyer Black,
Mike Casey,
Jose Cisneros,
H. Welton Flynn,
Enid Lim,
James McCray, Jr.,
Cleopatra Vaughns.

3. Approval of Minutes:

On motion to approve the minutes of the February 5, 2002 Regular Meeting: unanimously
approved.

4. Communications

(4.1) 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.

(4.2) Announcement of Closed Session.

Chairman Flynn announced the board met in closed session to discuss anticipated litigation with the city as defendant and with the city as plaintiff with the city attorney. The board took no action on either matter.

(4.3) Motion to disclose or not disclose the information discussed in closed session.

On motion to not disclose the information discussed: unanimously approved.

5. Introduction of New or Old Business by Board Members

None.

6. Director's Report (For discussion only)

-Quarterly Service Standards Report
-Quarterly Report on Key Capital Projects
-Muni Stakeholders Meeting
-Ongoing Muni Activities

General Manager Burns met with legislators in Washington, D.C. last week to discuss funding for Muni's Central Subway project. He noted that there is much support among the congressional delegation for the project.

Mr. Burns reminded the board about Muni's Second Annual Stakeholders Event to be held on Thursday, February 21. He presented the State of Muni report to the board. This report, along with the Vision Plan will be presented to the public at the Stakeholders Event.

Mr. Burns announced that Muni will provide extra service for the Chinese New Year's Parade as well as having a delegation in the parade.

Vince Harris, Deputy General Manager, Construction presented the Quarterly Status of Key Capital Projects Report. He reviewed progress on the Third Street Corridor.

The Service Standards Report was continued to the next meeting at the request of the Chairman.

7. Citizen's Advisory Council Report

Linton Stables, Chairman, Citizen's Advisory Council announced that the CAC has reviewed the budget and had specific recommendations which have been provided to the Board. He acknowledged the hard work of the CAC committees in developing these recommendations.

8. Public Comment

None.

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

9. 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.

(9.1) 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 MUNI:

United Financial/Sheila Williams vs. CCSF, Unlitigated Claim #01B04092 in the amount of $8,689;
Coast National/Catherine Walter vs. CCSF, Unlitigated Claim #0201512 in the amount of $8,768.70;
Lupe Sanchez vs. CCSF, Unlitigated Claim #00S00612 in the amount of $12,000;
Marisol Quintana vs. CCSF, Superior Ct. #319041 in the amount of $15,000;
Esther Cruz vs. CCSF, Superior Ct. #317100 in the amount of $35,000;
Wah Keung Yee vs. CCSF, Superior Ct. #324330 in the amount of $35,000;
Judith Horstman vs. CCSF, Superior Ct. #310307 in the amount of $35,001;
Jesse Pantaleon vs. CCSF, Federal District Ct. #C004782MJJ in the amount of $50,000.

RESOLUTION 02-010

(9.2) Accepting Contract No. MR-1180, Flynn Facility Re-Roofing, approving final Contract Modification No. 2 for a reduction to the approved contract amount by $22,225, approving the final contract amount of $1,011,018, and approving the closeout of the contract with Best Roofing and Waterproofing. (Explanatory documents include a staff report, resolution, contract modification and financial plan.)

Chairman Flynn asked that this matter be continued pending information about warranty issues.

No public comment.

On motion to approve the Consent Calendar (Item 9.2 removed):

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

REGULAR CALENDAR

10. Approving the FY2003 Operating Budget of $449,022,263; approving the waiver of fares on New Year's Eve 2002, authorizing the continuance of the Class Pass Program with colleges and universities in San Francisco; and certifying that the budget is adequate to make substantial progress towards meeting the goals, objectives, and performance standards established pursuant to Section 8A.103 for fiscal year 2003.

The commission secretary presented a revised resolution to board, which clarified the reference materials that contain the FY2003 budget.

General Manager Burns presented a balanced budget to the board. Muni has worked hard to find creative solutions to address the $43 million budget deficit. Muni's ground rules for this process was that no one would be laid off, there would be no fare increases, and service would be reduced only in areas where service was inefficient or where we were providing more than the demand.

Gigi Harrington, DGM, Finance, summarized the actions taken to bring budget into balance and the updated revenue projections and expenditure adjustments. This budget continues the Class Pass and the waiver of fares for New Year's Eve.

PUBLIC COMMENT:

Curtis Taylor expressed concern about the deletion of the 9139 positions rather than keeping those positions as a cost savings. His concern is that once the positions are deleted, Muni won't get them back. He has asked management to furnish a list of upper management and for justification of bonuses

Jean Ellis Jones stated that members of the Potrero division would suffer if the schedule change is put into effect. She urged the board not to cut the Potrero schedules as it would take Muni backward.

Ellen Murray, Potrero Division, urged the board to reject the budget and send it back to staff. She asked the board not to balance the budget on the back on the employees who do the work and deliver the service. She suggested staff look at the Transit Impact Development Fee as a means to increase revenue.

John Murray, Recording Secretary, TWU, Green Operator, is opposed to cuts being done on the backs of the drivers. He thinks the cuts in overtime make it more difficult for operators to live in the Bay Area. He urged the board to reject the budget and to go after people who haven't paid, such as the Transit Impact Development Fee.

Dorian Maxwell asked staff to look at the running time on the 14-Mission, calling it unsafe. He urged staff not to cut the schedule but to save money by fixing the short running times rather than spending money on accidents that result from operators pushing to meet the schedule.

Glenda LaVigne, 9139 Dispatcher, stated that deleting the 9139 positions will create adverse working conditions for the remaining people. She is opposed to the budget and to the deletion of the 9139 positions.

Wallace Johnson, 9139 Dispatcher, suggested that the mobile units be equipped with air compressors and batteries to effect a quick fix on the street. He is opposed to cuts in the operators' schedule.

Ron Mitchell is tired of operators being the scapegoat. They work hard for very little and taking money from them isn't the answer to Muni's problem. He said that the vehicles they have don't make the grade and it's tough to deal with the crowds and hills. He urged the board to not take money from the operators.

B.K. Chamberlain is concerned because the rank and file hadn't heard about the budget problems. He urged staff to start cutting at the top.

William Sisk, Chairman at Green Division, recognized that if operators don't come to work, nobody moves. He suggested that maybe the Union and the Board should conduct a separate audit to see what's really going on. He urged the board to take another look at the budget.

David Pilpel is concerned about ability of the agency to implement short-term experimental fares. He noted that full details of unfunded and deleted positions weren't available and that the CAC recommendations merit a written response. He would like to know what the deferred 5207 capital projects are. He thinks that the board can't adequately say that the budget meets Prop E. standards.

Ray Antonio, President, TWU-250A, wants to make sure that riders are interacted with in a positive manner. He suggested that managers taking a day off without pay and that sales of discount passes being managed better are two means to save money. He noted that Muni must maintain a standard of performance and that these cuts will not help Muni attain service goals.

Selwyn Woodworth spoke about ongoing maintenance problems with the ETI coaches. He's concerned with the state of these buses since they have to be driven for the next 20 years.

John Moran spoke about the misconception about maintenance overtime and the ability to provide service to the public. He added that mechanics don't have the proper tools to work on the Neoplan buses.

Larry Martin, International VP, TWU, is concerned and worried because the operators are not satisfied. He pointed out that nobody talked to them about the budget and that they have excellent suggestions about how to resolve the deficit. TWU has outstanding issues that they would like to have resolved.

Director Casey asked Chairman Flynn to recess the board meeting in order to meet with TWU to discuss a few of the issues presented. Following the recess, Chairman Flynn apologized for the delay and expressed the board's appreciation for the patience shown by the audience.

Director Casey offered two amendments to the budget. The first is to retain all positions that were slated to be deleted with the stipulation that these positions would remain vacant through the fiscal year. The second amendment would allow the March 2002 General Sign-Up at the Potrero Division to proceed without any changes to the schedule and that TWU and Muni management would come up with a plan to meet the savings target.

RESOLUTION 02-011

On motion to approve the budget as amended:

ADOPTED: AYES - Black, Casey, Cisneros, Flynn, Lim, and McCray

NAYES - Vaughns

11. Rescinding MTA Resolution No. 00-071 and authorizing the jurisdictional transfer of the Southeast Treatment Plant from the Public Utilities Commission to Muni, for a cost of $2,166.64, subject to the requirement that the Municipal Railway shall be responsible for all costs related to the remediation of hazardous materials associated with the Phelps Street Substation Parcel, and finding that no revisions to the Final Environmental Impact statement and Report are required by the transfer of this property since no substantial changes or information have occurred that change the previously adopted findings. (Explanatory documents include a staff report, resolution and memo.)

No public comment.

RESOLUTION 02-012

On motion to approve:

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

ADJOURN - The meeting was adjourned at 7:47 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.