return to MTA 2002 agendas and minutes

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5:00 - REGULAR MEETING

ORDER OF BUSINESS

1. Call to Order

Chairman Flynn called the meeting to order at 5:10 p.m.

2. Roll Call

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

3. Approval of Minutes

On motion to approve the minutes of the June 4, 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.

5. Introduction of New or Old Business by Board Members

6. Director's Report (For discussion only)

-Special Recognition Award
-Ongoing Muni Activities

Dwight Kirby was recognized by the Director of Transportation as this month's Special Recognition Awardee. The action that Mr. Kirby took saved the life of Mr. Lacy who was the victim of a violent attack. Mr. Kirby saw the incident and without compromising the safety of himself or his passengers, scared off Mr. Lacy's attackers and took care of Mr. Lacy until the police arrived. Director Burns saluted Mr. Kirby's sense of community and is proud to have him working for Muni.

Al Lacy called Mr. Kirby a hero and thanked him for saving his life. Chairman Flynn gave a special thanks to Mr. Kirby on behalf of the Board.

Director Burns noted that 120 senior managers met on June 3rd and 4th to discuss key issues and challenges that Muni will face next year. They reviewed this year's accomplishments and set department-wide goals for next year. Much time was spent on the Mission Vision Values process. The managers also spent a morning at the Woods division cleaning buses.

Director Burns announced service reductions on the 80/81/82x routes due to Caltrain's diminished budget. Originally all funding was cut but approximately $200,000 was put in their budget for the service. The lines will have to be scaled back. A calendar item will be prepared for the board for action at the July 16 meeting. Notice of the proposed reductions will be posted along the affected lines. Looking at ridership patterns, 80% of the rides are in the morning. Afternoon commuters seem to utilize other routes in the area to make their Caltrain connection. Those routes will continue to be available.

On August 1, Muni will replace the "D" discount fast pass with a monthly fare sticker affixed to a valid regional ID. This will reduce the fraudulent use of the discount fast pass. Valley Transportation Authority and AC Transit currently use the sticker and it has resulted in a dramatic reduction in cost. It will also benefit the operator because they won't have to ask passengers to show their ID. Muni will also introduce an "S" fast pass for seniors who are not eligible for the RTC discount ID. This change has received the full support of the Muni Accessibility Advisory Committee (MAAC).

Referring to a memo provided to the board, Director Burns noted that next year's DBE goal will be 29%. This new goal is required to be made public for 45 days before the board can act. The 45-day period will end on July 6. The board will be asked to approve the goal at their July 16 meeting.

7. Citizen's Advisory Council Report

Linton Stables, CAC Chair reported that the CAC reviewed the Service Standards. Some of their recommendations were incorporated into the calendar item currently before the board. The CAC also reviewed the proposed budget and they recommend adoption of the budget adjustments, particularly the platform and professional services reductions. The CAC suggests that much of the reduction should come from the Municipal Railway Improvement Fund. The CAC will forward their recommendations for changes to the Passenger Service Report process. Mr. Stables also announced that he intends to step down as Chairman of the CAC in July.

Chairman Flynn congratulated Mr. Stables on his service and expressed his appreciation on behalf of the board.

8. Public Comment

Andrew Sullivan, Rescue Muni noted that the Caltrain Express service cuts are an opportunity to run a miniature E-line during the rush hour from Pier 39 to Caltrain. He reminded the board that the DPT merger is coming up and that Rescue Muni is in favor of the merger. He offered congratulations to Muni on their recently completed rider survey and thanked staff for the substantial progress. He is concerned about Metro service and hopes the numbers keep progressing.

Charlie Walker stated that the community is greatly concerned about the hazardous and toxic waste material that is being dug up and reburied on Third Street. He urged Muni not to rebury the material and to replace it with clean material. He urged staff to closely monitor contractors to make sure all steps are taken to satisfy the neighborhood.

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:

• Margaret Lee vs. CCSF, Unlitigated Claim #01T0655, in the amount of $7,556.45
  
• Amex Assurance Co. vs. CCSF, Unlitigated Claim #01T06922 in the amount of $8,389.56
  
• Gennadiy Voskoboynik vs. CCSF, Unlitigated Claim #01T04201 in the amount of $9,400
  
• Raquel Martinez vs. CCSF, Superior Court #405836 in the amount of $9,500
  
• Charles Ortega vs. CCSF, Federal District Court C011029MJJ in the amount of $15,000
  
• Chinatown Community Housing vs. CCSF, Unlitigated Claim #01T0655 in the amount of $15,282.81
  
• Zhao Mai vs. CCSF, Unlitigated Claim #01T0655 in the amount of $27,191.25

RESOLUTION 02-048

(9.2) Authorizing the Director to designate the classifications of 1052 IS Business Analyst, 7333 Apprentice Stationary Engineer and 9160 Transit Operations Specialist as "service-critical."
(Explanatory documents include a staff report and resolution.)

RESOLUTION 02-049

(9.3) Approving the lease between with the San Francisco Redevelopment Agency, as Landlord, for 4800 Third Street, to serve as the Community Information Outreach Office for the Third Street Light Rail Project, at an annual rent of $19,008 for an initial term of 18 months plus three six-month extension options. (Explanatory documents include a staff report, lease and resolution.)

RESOLUTION 02-050

(9.4) Requesting the Board of Supervisors to concur with the Controller's certification that it is more economical for the Municipal Transportation Agency to contract for facility security services than to provide the same services with City and County employees for fiscal year 2002-2003. (Explanatory documents include a staff report, certification and resolution.)

RESOLUTION 02-051

Director Vaughns asked for clarification about the item and item 9.6 from the previous meeting. At the last meeting, Director Black had asked that the item be removed from the calendar. Since SEIU, Local 790 had no objection to the certification, it was put on the agenda for consideration at this meeting.

On motion to approve Item 9.4:

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

(9.5) Approving the plans and specifications and authorizing the Director to advertise bid call for Contract No. MR-1189: Muni Metro Extension Station Enhancements Project. (Explanatory documents include a staff report, resolution, and financial plan.)

RESOLUTION 02-052

No public comment.

On motion to approve the Consent Calendar (Item 9.4 severed):

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

REGULAR CALENDAR

10. Approving FY03 Service Standards milestones and amendments to the rules concerning performance measures. (Explanatory documents include a staff report, resolution and service standards.)

Lisa Mancini reviewed the goals for FY03. An open invitation was extended to all labor unions to discuss the goals. No issues were raised. The goals were also reviewed with the Citizens Advisory Council.

PUBLIC COMMENT:

David Pilpel asked if the notice requirements had been met. He also inquired about how lowering the transit ridership goal relates to the Earthjustice lawsuit settlement. He thinks that schedules should be published whenever it changes. (The commission secretary stated that all notice requirements had been met.)

Norman Rolfe addressed headway adherence. He thinks it's important to have a goal of plus or minus 3 minutes because it's hard on intending riders who are waiting for a bus later in the evening in inclement weather. He pointed out that lines with longer headways are those that aren't normally in heavier traffic so it's easier to meet the schedule. He urged the board to keep headway adherence as short as possible.

Andrew Sullivan echoed Mr. Rolfe's comments. It makes more sense to have a narrower gap for buses with longer headways. He noted that the impending merger with DPT should make it easier for Muni to reach its' goals as witnessed by the increase in service on the 30 and 45 lines due to moving traffic lanes and signal pre-empts. He pointed out that if Muni had acquired CNG buses, Muni would have missed its target goals badly. Muni made the right decision last year and should purchase clean diesel buses again this year.

The board secretary noted that the board was being asked to take action on two resolutions related to this item. The first resolution would adopt the FY2003 milestones. The second resolution asked the board to adopt the FY2003 performance standards as shown in Amendment No. 3 to Section 4 as rules of the Agency.

RESOLUTION 02-053

On motion to adopt the FY03 milestones:

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

RESOLUTION 02-054

On motion to approve the performance standards:

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

11. Amending the MTA Board Rules of Order to include changing the start time of the Regular Meetings; including a provision regarding non-interference with Parking Citation procedures; changing the Order of Business and establishing that the MTA Rules of Order shall also be the Rules of Order for the Parking Authority. (Explanatory documents include a staff report, draft Rules of Order and resolution.)

Chairman Flynn asked the Board to give the Board Secretary any suggested changes or amendments by June 25 for consideration at the July 2 meeting.

No public comment.

12. Authorizing the Director to execute the Amendment #4 to the Agreement with the Association of AGS, Inc. and Gannett Fleming, Inc. for Design and Construction Support Services for Contract CS-116, Muni Metro East Light Rail Vehicle Maintenance and Operations Facility, in the amount of $413,522, for a total contract amount not to exceed $8,692,115. (Explanatory documents include a staff report, resolution, agreement and financial plan.)

No public comment.

RESOLUTION 02-055

On motion to approve:

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

13. Authorizing the Director to execute Amendment No. 7 to Contract No. CS-105, Independent Safety Consulting Support for Advanced Train Control System Project, with Lea+Elliott, Inc., to extend the Agreement to April 30, 2003. (Explanatory documents include a staff report, resolution, agreement and financial plan.)

PUBLIC COMMENT:

David Pilpel wondered if any work had been undertaken since February 28. The underlying issue is making ATCS work and he hopes no further extensions will be needed. (Vince Harris replied that very little work has been done since February 28.)

RESOLUTION 02-056

On motion to approve:

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

14. Re-approving the FY2003 Operating Budget including the waiver of fees on New Year's Eve 2002 and revisions to the transfer policy; authorizing potential changes affecting personnel; authorizing short-term experimental fares as needed; 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 for fiscal year 2003. (Explanatory documents include a staff report, resolution, agreement and financial plan.)

The Commission Secretary noted that a few minor changes were made to the resolution to reflect the accurate attachments and to correct the title of the Director of Transportation.

The Director of Transportation reviewed the current budget shortfall over and above what was presented to the board in February. Mr. Burns noted that TWU 250-A was reconsidering the city's proposal next week but other unions had rejected the city's proposal. The new budget totals $454,767,176.

To close the $4.7 million gap, staff is proposing technical adjustments to platform runs - reducing standby runs; run efficiencies; reducing professional services, training and marketing and reducing money for training. Mr. Burns is still waiting for a proposal from TWU regarding the 52 operator pay hours at Potrero as agreed upon when the board approved the budget in February.

PUBLIC COMMENT:

David Pilpel reviewed the budget last week and thinks staff did a good job. He asked the board to note the CAC's recommendations and expressed his concern about fare issues.

Director Vaughns asked Michael Burns to confirm that this is a budget that he can live with. Mr. Burns replied that while Muni is at the edge of what it can do, it is a budget that Muni can live with. If there are any future cuts to be made, staff will probably have to look at the revenue side. This budget is the worst-case scenario. If other unions agree to the city's proposal, some of the services can be restored.

Chairman Flynn acknowledged Lisa Mancini and Gigi Harrington for the work they did on the budget while Mr. Burns was out of town. They deserve special recognition.

RESOLUTION 02-057

On motion to approve:

ADOPTED: AYES - Black, Casey, Flynn, Lim, 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 6:33 p.m.

2. Roll Call

Present: Shirley Breyer Black
Mike Casey
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
Vince Harris, Deputy General Manager, Construction
Fred Stephens, Deputy General Manager, Maintenance
John Funghi, Project Manager
Henry Kim, Project Manager
Robin Reitzes, Deputy City Attorney
Gerri Rosen-Park, Deputy City Attorney
Timothy Armistead, Chief Investigator
David Jensen, Senior Investigator
Rob Stone, Deputy City Attorney

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 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 cases:

CONFERENCE WITH LEGAL COUNSEL

Anticipated Litigation:

__X___ As defendant (3)
__X___ As plaintiff (1)

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 7:15 p.m.

14. Announcement of Closed Session.

Chairman Flynn announced the board met in closed session to discussed anticipated litigation with the city attorney. The board discussed three cases with the city as defendant and one case with the city as plaintiff. There was no action taken.

15. 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 7:18 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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Page last updated March 19, 2003.
Information last updated July 3, 2002.