return to MTA 2002 agendas and minutes

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4:00 - REGULAR MEETING

ORDER OF BUSINESS

1. Call to Order

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

2. Roll Call

Present:
Mike Casey
H. Welton Flynn
Michael Kasolas
Enid Lim
James McCray, Jr.
Cleopatra Vaughns

Absent: Shirley Breyer Black

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 October 15, 2002 Regular Meeting: unanimously Approved (Black-absent).

5. Communications

The board secretary announced that Item 13, Establishing Arago St. as One-Way had been removed from the agenda at the request of staff. In addition, the Russian Hill Place parking modification was not on the agenda and had been continued indefinitely at the request of staff.

6. Introduction of New or Old Business by Board Members

None.

7. Director’s Report (For discussion only)

• Special Recognition Award
• Quarterly EEO Report
• Ongoing Activities

Director Burns recognized Melvin Clark as the November Special Recognition Awardee. Mr. Clark, from Muni’s Green Division, is known as “Mr. F-Line”. He’s received many commendations since he began driving in 1989. Mr. Clark is personable, helpful and always goes the extra mile for the F-line. The Fishermans Wharf Business Association noted that Mr. Clark was a model operator. Mr. Clark thanked everyone for selecting him noting that since Director Burns’ arrival, Muni has made major improvements. Chairman Flynn acknowledged Mr. Clark on behalf of the board.

Director Burns announced that Gigi Harrington had received the Municipal Fiscal Advisory Council’s award for excellence in public management.

Reporting on the World Series Baseball Service, Mr. Burns noted that he is proud on behalf of DPT and Muni to have gotten people to and from 87 home games. The post-season games were particularly challenging as the crowds came early and stayed late. Thanks are due to all Muni and DPT employees.

The goal of the 78-Bayview Shuttle was to provide residents with access to important health destinations such as hospitals, clinics and markets, however with an average of only 3 passengers per trip, this service may end. This was started as a 6-month pilot project. Muni will decide at the end of December whether to continue the service. Muni will initiate another effort to market this service.

Staff has been working with the Metropolitan Transportation Commission to allow them to delay capital project funding to use the monies for preventive maintenance. Muni is under serious budget pressure this fiscal year and next and staff is implementing numerous initiatives to stay within budget. This year all Bay Area transit properties are working with MTC to use the money for preventive maintenance. Mr. Burns will keep the board updated on the status of the budget.

The Board of Supervisors is considering an increase in the taximeter rate of about 10%. This could increase the cost of paratransit services. Staff is working with the Board of Supervisors and cab companies to mitigate the impact of this potential increase.

The first annual retiree luncheon will be held on Friday, November 8 with over 50 retirees expected to attend. This event is the result of the Mission Vision Values process. The board is invited to attend.

Vernon Crawley, Manager, EEO Division reviewed the highlights of the quarterly EEO report.

8. Citizen’s Advisory Council Report

No report was made.

9. Public Comment

Barry Taranto discussed a few items including the taxi stand at 2nd and Townsend, and the long delays to pay parking citations. He commended PCO Officer #237 and suggested that staff talk to cab drivers regarding the meter rates. He noted that there is a cab company in town that has two ramped taxis but aren’t providing transportation for people with disabilities.

Roger Bazeley, SF PTA, suggested that Muni make the cable car uniforms more visible to motorists and suggested they use a portable stop sign or a flashing beacon. He suggested the use of white ladder crosswalks at key intersections to improve motorist awareness and requested student ridership statistics. He has a letter of reference for the Pedestrian Safety CAC.

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 MUNI:

• Annette Goodman vs. CCSF, Superior Ct. #315443 filed on 9/28/00 in the amount of $1,500
• Terry Huey vs. CCSF, Unlitigated Claim #0202764 filed on 3/7/02 in the amount of $5,016.41
• Daniel Sartor vs. CCSF, Superior Ct. #401601 filed on 11/21/01 in the amount of $5,250
• Daniel Ortiz vs. CCSF, Unlitigated Claim #0300599 filed on 8/19/02 in the amount of $5,602.01
• Margaretha Hamburger vs. CCSF, Unlitigated Claim #0300375 filed on 7/30/02 in the amount of $6,604.46
• Pamela Snell vs. CCSF, Unlitigated Claim #01T1406 filed on 7/26/02 in the amount of $6,744.37
• Roberto Mascilongo vs. CCSF, Unlitigated Claim #01B17961 filed on 6/14/02 in the amount of $7,000
• David Kazak vs. CCSF, Unlitigated Claim #01S03261 filed on 7/10/02 in the amount of $14,500
• Mary Cheng vs. CCSF, Unlitigated Claim #01T0692 filed on 5/28/02 in the amount of $24,900 (MUNI)

RESOLUTION 02-127

(10.2) Approving the following traffic modifications:

Tow-Away, No Stopping Anytime – Establish Mason Street, west side, from Beach Street to 22 feet southerly; and California Street, both sides, from Van Ness Avenue to 55 feet westerly (two 55-foot zones).

Tow-Away, No Stopping Anytime – Rescind Mission Street, south side, from 60 feet to 140 feet east of 11th Street.

No Parking Anytime - Rescind and Tow-Away, No Parking Anytime – Establish Meacham Place, both sides, between Post Street and south terminus.

Tall Vehicle (Over Six Feet) Restriction – Establish Bayshore Boulevard, east side, from Egbert Avenue to 100 feet northerly and to 100 feet southerly; Bayshore Boulevard, east side, from Fitzgerald Avenue to 100 feet northerly and to 100 feet southerly; and Bayshore Boulevard, west side, south of Fitzgerald Avenue, from the north end of the south crosswalk to 100 feet northerly (opposite the stem of this t?intersection).

Unmetered Motorcycle Parking – Establish Taylor Street, east side, from three feet to 6.5 feet south of the driveway at 1434 Taylor Street (accommodating one motorcycle parking stall).

Sidewalk Width Reduction – Establish Division Street, between 8th and King Streets, from 15 feet to 13.7 feet (conforms to existing sidewalk width).

No Parking Anytime - Rescind and Tow-Away, No Stopping Anytime – Establish Plymouth Avenue, east side, from Ocean Avenue to 96 feet northerly; and Faxon Avenue, east side, from Ocean Avenue to 170 feet northerly.

Parking Meter Area No. 3 (1-hour Parking Time Limit, 9 AM - 6 PM, Monday Through Saturday) - Establish 24th Street, north side, from 65 feet to 107 feet west of Castro Street; and 24th Street, south side, from Castro Street to 143 feet westerly.

No Parking, 7 AM to 6 PM, Except Sundays - Rescind Green (Short-Term Parking) Zone – Establish Powell Street, east side, from 10 feet to 55 feet south of Pine Street.

One-Hour Parking Meters, 8 AM to 6 PM, Monday Through Saturday - Establish Bosworth Street, north side, between Arlington and Diamond Streets.

Residential Permit Parking Area "D" (Two-Hour Time Limit, 7 AM - 6 PM, Monday Through Friday) - Establish Arlington Street, east side, between Bosworth and Wilder Streets.

Two-Hour Parking Restrictions, 8 AM – 6 PM, Monday Through Friday (Three-Month Trial) - Establish Bosworth Street, south side, between I-280 southbound on-ramp and Lyell Street; and Bosworth Street, north side, between Arlington and Lyell Streets.

(Explanatory documents include a staff report and resolution.) (DPT)

RESOLUTION 02-128

No public comment.

On motion to approve the Consent Calendar:

ADOPTED: AYES –Casey, Flynn, Kasolas, Lim, McCray and Vaughns

ABSENT – Black

REGULAR CALENDAR

MUNICIPAL RAILWAY

11. Public hearing on amendments to Muni's 2002-2021 SRTP for public review in response to the Bayview Advocates Settlement Agreement. (Explanatory documents include a staff report and plan.)

Jose Cisneros presented the staff report. These amendments are in compliance with the Earthjustice lawsuit. Over 550 copies were mailed, with the document also available on-line. Public comment will close on November 8th and the amendments will be submitted to MTC by the end of the year, following MTA Board approval.

PUBLIC COMMENT:

David Schonbrunn, Transdef, is happy to say that this is wonderful piece of work. He is pleased to see a plan that will allow Muni to hit its stride. He thinks that providing more funds for Muni will help clean the air in the Bay Area. He would like to see a more specific timeline for the Bus Rapid Transit Project and would like to see “Proof of Payment” implemented as soon as possible. Transdef is doing their best to bring more funds to Muni.

Peter Ehrlich, Green transit operator, asked to see the details of some of the projects, particularly those that affect F and E-line. He thinks that MTC has been shirking its duties as a regional overseer of the Bay Area and applauds Muni for coming up with this plan. (Mr. Burns asked Mr. Ehrlich to send him an e-mail).

Anne Harper, staff attorney for EarthJustice, complimented staff on the SRTP amendment as it fulfills all the requirements of the settlement. She noted three minor issues. For each project she asked for current ridership statistics, an analysis of projected ridership increases and for a detailed timeline.

12. Authorizing the Director to execute the Amendment #5 to Contract No. CS-116, Design and Construction Support Services for Muni Metro East Light Rail Vehicle Maintenance and Operations Facility with AGS and Gannett Fleming, in the amount of $81,638, for a total contract amount not to exceed $8,773,753. (Explanatory documents include a staff report, resolution, amendment and financial plan.)

No public comment.

RESOLUTION 02-129

On motion to approve:

ADOPTED: AYES – Casey, Flynn, Kasolas, Lim, McCray and Vaughns

ABSENT – Black

DEPARTMENT OF PARKING AND TRAFFIC

13. Establishing Arago Street as One-Way (northbound) between Havelock and Paulding Streets. (Explanatory documents include a staff report and resolution.)

This item was removed from the agenda at the request of the Department of Parking and Traffic.

14. Adopting the North and South Bernal Heights Traffic Calming Plans. (Explanatory documents include a staff report, plans and resolution.)

No public comment.

RESOLUTION 02-130

On motion to approve:

ADOPTED: AYES – Casey, Flynn, Kasolas, Lim, McCray and Vaughns

ABSENT – Black

RECESS REGULAR MEETING AND CONVENE CLOSED SESSION

CLOSED SESSION

1. Call to Order

Chairman Flynn called the closed session to order at 4:54 p.m.

2. Roll Call

Present: Mike Casey
H. Welton Flynn
Michael Kasolas
Enid Lim
James McCray, Jr.
Cleopatra Vaughns

Absent: Shirley Breyer Black

Also present:
Michael T. Burns, Director of Transportation
Roberta Boomer, Board Secretary
Robert Bryan, Deputy City Attorney
Vince Harris, DGM, Construction
Rob Stone, Deputy City Attorney
Louise Simpson, Deputy City Attorney
Fred Stephens, General Manager
Louis Johnson, Deputy General Manager
Ken Jew, Manager of Project Managers
John Funghi, Project Manager
Drew Howard, Project Manager
Dennis Tsai, Program Manager
Ben Leung, 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 (Black-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:

Kay Skvorc vs. CCSF Superior Ct. #402546 filed on 12/18/01 in the amount of $125,000

RESOLUTION 02-131

On motion to approve:

ADOPTED: AYES – Casey, Flynn, Kasolas, Lim, McCray and Vaughns

ABSENT: Black

Robert Blackiston vs. CCSF, Superior Ct. #309404 filed on 4/21/00 in the amount of $220,000

RESOLUTION 02-132

On motion to approve:

ADOPTED: AYES – Casey, Flynn, Kasolas, Lim, McCray and Vaughns

ABSENT: Black

Seth Bertram vs. CCSF, Superior Ct. #316096 filed on 10/24/00 in the amount of $450,000

RESOLUTION 02-133

On motion to approve:

ADOPTED: AYES – Casey, Flynn, Kasolas, Lim, McCray and Vaughns

ABSENT: Black

Ferguson Enterprises vs. Tank Protect Engineering, Jafar Farhoomand, City and County of San Francisco, et al., Superior Ct. # 402407, filed on 12/28/01

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:

CONFERENCE WITH LEGAL COUNSEL

Anticipated Litigation:

___X__ As defendant _____ As plaintiff

(5.1) Approval of settlement between the City and County of San Francisco and Proven Management Inc. in settlement of a contractual dispute regarding Municipal Railway Contract No. MR-1148, requiring the following: (1) payment of $1.2 Million to Proven, (2) release of progress payments in the amounts of $239,841 and $338,105.70 to Proven, (3) extension of substantial completion dates by 211 calendar days for Mission Creek work, 192 calendar days for Islais Creek work, and 192 calendar days for final contract completion, and (4) waiver by Proven of certain delay and impact costs related to contract completion milestones and completion of Bore No. 3.

RESOLUTION 02-134

On motion to approve:

ADOPTED: AYES – Casey, Flynn, Kasolas, Lim, McCray and Vaughns

ABSENT: Black

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 5:20 p.m.

15. Announcement of Closed Session.

Chairman Flynn announced the board met in closed session to discuss the Skvorc, Blackiston, Bertram and Ferguson cases with the city attorney. The board voted unanimously to settle the Skvorc, Blackiston, and Bertram cases. There was no action taken on the Ferguson case. The board also met in closed session to discuss the Proven Settlement. They voted unanimously to approve the settlement.

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

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

17. Approving Contract Modification No. 1 to Contract No. MR- 1148, Third Street Light Rail Transit - Ductbanks at Mission Creek and Islais Creek, with ProVen Management, which incorporates the Settlement Agreement, increases the contract amount by $1,450,000 for a total contract amount not to exceed $6,847,500, extends the time to substantially complete the Mission Creek ductbank work by 211 calendar days, extends the time to substantially complete the Islais Creek ductbank work by 192 calendar days, and extends the time to finally complete all contract work by 192 calendar days. (Explanatory documents include a staff report, resolution contract modification and financial plan.)

No public comment.

RESOLUTION 02-135

On motion to approve:

ADOPTED: AYES – Casey, Flynn, Kasolas, Lim, McCray and Vaughns

ABSENT: Black

ADJOURN - The meeting was adjourned at 5:22 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 November 21, 2002.