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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 5:05 p.m. by welcoming Fred Hamdun and the
staff of the Department of Parking and Traffic to the MTA.

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 18, 2002 Regular Meeting: unanimously
approved (Casey-absent).

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

None.

6. Director's Report (For discussion only)

-Special Recognition Award
-Introduction of Summer Interns
-Ongoing Activities

Michael Burns began his report by welcoming Fred Hamdun, Ron Szeto and the Department of Parking and Traffic staff to the MTA. Muni and DPT share an excellent working relationship, which will continue to flourish as a result of the merger.

Jeff Gary is this month's Special Recognition Award winner. Jeff manages the Workers Compensation Program and has been responsible for bringing many new and innovative programs to Muni. He also managed a seamless transition to a new Third Party Administrator after discovering that the former TPA wasn't performing. This past fiscal year, workers compensation costs and lost days due to injury have been reduced by more than 5%. Jeff recently participated in the California AIDS ride. Jeff Gary noted that his job is made easier by Michael Burns and Larry Williams who allow him to try unconventional things. Chairman Flynn expressed the appreciation of the MTA Board and added that anytime you can reduce the cost of workers compensation, you have met a great challenge.

Over the weekend Muni held its Bus Roadeo at Candlestick Park. Kevin Grady, Rafael Cabrera, Mitchell Johnson placed first, second and third respectively and will compete on August 17 in the regional competition.

Thousands and thousands of visitors celebrated Gay Pride Weekend. Muni was prepared to handle the increased riders and reroutes and took additional steps to monitor smaller Pride events. On Saturday, Mr. Burns participated in the 3rd St. Youth Arts Fair Celebration, which gives neighborhood children a chance to design artwork to be permanently incorporated into the Third St. Project.

The BART board voted to increase BART fares by 5% on January 1 and directed staff to renegotiate the Fast Pass agreement with Muni. A 5% increase would cost an additional $150,000. Staff will return to the board for authorization to enter into a new agreement with BART.

Fred Hamdun, Deputy Director of DPT thanked Muni and DPT staff for their work during the transition period and looks forward to working with everyone.

Bond Yee introduced DPT's Summer Intern Program and interns. This program was rated as the number one internship program in the United States. DPT's High School Internship Program is funded by the MTC and is designed to give minority students who are interested in math, science, and engineering, exposure to the field.

The Director of Transportation congratulated Directors Black and McCray for their reappointment to the MTA Board of Directors.

7. Citizen's Advisory Council Report

No report was made.

8. Public Comment

Barry Taranto thinks the system signal timing on Stockton St. is wonderful however he suggested that all three cycles after 8:00 p.m. is unnecessary. An engineer should look at changing it since there's no pedestrian traffic after a certain time. He also discussed an interaction with an operator regarding parking in a bus zone.

John Friedlander introduced himself to the board. His background includes work in transportation advertising and includes an interested in civic affairs. He noted that there is a need for hatch marks for the crosswalk at Commonwealth and California by the hospital.

Roger Bazeley is the School Safety Chairman for the PTA and has been working with DPT for the past 5 years on school safety issues. They have focused on creating safer routes to and from schools. Parents have to rely on Muni to transport their children and a cooperative planning effort is needed.

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:

Sean Mees vs. CCSF, Unlitigated Claim #01B15301, filed on 4/17/02 in the amount of $5,638.57
Frank Black vs. CCSF, Superior Ct. #317687, filed on 2/27/01 in the amount of $17,500

RESOLUTION 02-058

(9.2) Recommending that the Board of Supervisors concur with the Controller's determination that it is more economical for the Municipal Transportation Agency to contract for paratransit services than to provide the same service with City employees for the period of Fiscal Year 2002-03. (Explanatory documents include a staff report, certification and resolution.)

RESOLUTION 02-059

(9.3) Authorizing the Director to apply for TFCA Regional Funds for the following projects: Transit Preferential Streets - Priority Signal Systems, Bayview Shuttle Operating Support, Clean Fuel Transit Buses, Bike Racks on Buses, and the Balboa Park Station Public Access Improvements (Explanatory documents include a staff report and resolution.)

RESOLUTION 02-060

(9.4) Approving the Agreement between the City and New Flyer regarding the dispute arising from Contract No. MR-175, requiring New Flyer to design and perform a fleet repair on all trolley coaches to rectify structural failures and warranty the work for two years after repair and the Municipal Transportation Agency to be responsible for towing the coaches to and from the repair facility. (Explanatory documents include a settlement report and resolution.)

RESOLUTION 02-061

This item was severed at the request of Director Vaughns who asked about the warranty for the repairs.

On motion to approve:

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

(9.5) 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.)

RESOLUTION 02-062

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

MUNICIPAL RAILWAY

10. Ratifying the action of May 7, 2002, adopting Resolution No. 02-036, which approved the settlement in Bayview Hunters Point Community Activists, et al. vs. MTC, et al., U.S. District Ct. No. C-01-0750 TEH, filed on February 21, 2001, requiring the Municipal Transportation Agency to perform certain tasks, including the following: conduct a ridership analysis of various projects in its recently published Vision Plan; make a good faith effort to secure funding from Metropolitan Transportation Commission for the projects, in accordance with the Municipal Transportation Agency's funding priorities; and implement those projects that are promptly and adequately funded, so long as there is not significant public opposition to the projects. (Explanatory documents include a settlement report and resolution.)

No public comment.

RESOLUTION 02-063

On motion to approve:

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

DEPARTMENT OF PARKING AND TRAFFIC

11. Authorizing the Director to establish a 22-foot tour bus zone, 9 am to 6 pm, daily at 1501 Lombard Street, south side, from 73 feet to 95 feet west of Franklin Street in accordance with the provisions of the San Francisco Traffic Code. (Explanatory documents include a staff report and resolution.)

Bond Yee, Traffic Engineering, stated that this kind of action is normally routine. It is controversial because residents have expressed strong concerns about the loss of parking. Under normal circumstances, DPT would prefer on-site loading but it is impossible in this situation. Staff has worked with the owner and with residents and they believe they have worked out a reasonable compromise.

PUBLIC COMMENT:

Greg Danz has lived next door for five years. He believes that there is no need for the white zone because no tour buses go to that motel. There are seven white zones in the area, two of which are directly across from the hotel. He urged the board not to take away another three to four parking spaces and suggested that other hotels share their white zones.

Lesley Danz thinks that there is plenty of parking for motels in the area with 150 neighborhood spots that hotels use and only eighteen spots on Lombard for residents. She suggested that if it's that important to the motel, they should remodel the driveway and remove the portico.

Hiten Patel, owner of the Francisco Bay Inn, refuted Mr. Danzs' comments. The white zone would only take away one parking spot since they are also blocking their own driveway. The portico has four stories above it and would not be easy to remodel. There is a need for a white zone because ten to twelve people per day want to take a tour. Buses come eleven or twelve times per day. He noted that when the item was first presented to the Parking & Traffic Commission, eighty neighbors showed up and now there are two. He has done all he can to take the community into account.

Bond Yee offered an amendment to the resolution. The intention is for the bus zone to be in effect Monday through Friday from 9:00 a.m. to 6:00 p.m. and not on a daily basis. The zone will only take one parking space since it is making use of the existing driveway.

On motion to approve:

ADOPTED: AYES - Flynn, Lim, and McCray

NAYES - Black, Casey, and Vaughns

The item failed adoption.

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: 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
Larry Williams, Deputy General Manger, HR/LR/EEO
Fred Stephens, Deputy General Manager, Maintenance
Jose Cisneros, Deputy General Manager, Capital Planning
Laura Spanjian, Government Relations Officer
Kerstin Magary, Senior Project Manager

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 54957.6(a) and Administrative Code Section 67.8, the Municipal Transportation Agency Board shall meet in closed session for:

CONFERENCE WITH LABOR NEGOTIATOR

CCSF Representative: Larry Williams and/or his designees

Employee Organizations:

TWU, Local 250-A

To discuss:

_X_ Wages
____ Hours
_X__ Benefits
____ Working Conditions
____ Other

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 cases:

CONFERENCE WITH LEGAL COUNSEL

Anticipated Litigation:

__X___ As defendant __X__ As plaintiff

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 6:38 p.m.

12. Announcement of Closed Session.

Chairman Flynn announced the board met in closed session for a conference with their labor negotiator and to discuss anticipated litigation with the city attorney with the city as plaintiff and as defendant. There was no action taken.

13. 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 6:39 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 17, 2002.