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

4:00 - REGULAR MEETING

ORDER OF BUSINESS

1. Call to Order

Chairman Flynn called the meeting to order at 4:06 p.m.

2. Roll Call

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

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 November 5, 2002 Regular Meeting: unanimously approved (Casey, Kasolas-absent).

5. Communications

None.

6. Introduction of New or Old Business by Board Members

None.

7. Director's Report (For discussion only)

-Service Standards Report
-Quarterly Report on Key Capital Projects
-Ongoing Activities

Director Burns thanked Directors Lim and Vaughns for attending the Paratransit Coordinating Council Annual Meeting. The event was a success.

Muni is looking at a $12 million dollar shortfall in this year's budget and a $38 million dollar shortfall for next year. The city is projecting a shortfall of $170 million. The Mayor has met with department heads and has instructed them to preserve direct services as much as possible and not to include new initiatives. They are asking for a 7% reduction below this year's budget, plus an additional 5% in contingency program cuts. Mayor Brown has also said that there will be no money for wage increases beyond those already negotiated or required Staff will be working hard to preserve current services. There will be some very difficult challenges and decisions to make with regard to the budget for next year. Mr. Burns has confidence that staff will be able to deal with the budget problem for this fiscal year. This 12% reduction from the general fund contribution brings the total decrease to 20% from two years ago.

Deputy Director Fred Hamdun reported that the Meter Replacement Project is going well. By the end of March 2003, all will be installed and operating. He thanked the Enforcement Division for the outstanding job they did during the election.

Deputy Executive Director Lisa Mancini presented the Quarterly Service Standards Service Report for the first quarter of Fiscal Year 2003. System-wide on-time performance is 70.1%, which is a slight dip from last quarter and mostly due to changes in routes. Muni is on target with vehicle availability and the reduction in unscheduled absences continues to be a success. Muni had a goal of a 2% increase in passengers but saw a 1% decline. Revenues also declined.

Director Casey noted that the 9-San Bruno line is consistently overloaded with significant pass ups. He asked if measures were being taken to address that. Ms. Mancini noted that it's a perennial problem with all the most crowded lines. With budget reductions, it's hard to address. Director Casey asked for a more comprehensive look at those lines and would like to discuss those as priorities. Director Burns said that they will do that as part of the budget process this year as it is apparent that there will need to be service adjustments.

Vince Harris, Deputy General Manager, Construction presented Capital Projects Report. He briefed the board on the L-Line Emergency Rail Replacement Project; the Powell/Market Turntable Overhaul Project and the Islais Creek Bus Maintenance Project.

8. Citizen's Advisory Council Report

Dan Murphy, Chairman, CAC stated that the CAC is working with staff on the way Passenger Service Reports are handled. They suggest a better breakdown by category, type and nature to more clearly see where they're getting better or worse as it's tricky to interpret. He made three policy recommendations to the board including adding a criterion of reducing operating costs when prioritizing capital projects; that Muni and DPT commence a pilot program for the 39-Coit line and that DPT develop two proposals for reducing sidewalk parking, including a cost analysis and report back to the CAC.

9. 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

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 02-136

(10.2) Approving the following traffic modifications:

Rescind angled (45 degree angle) parking and establish angled (60 degree angle) parking,
2400 block of Broadway, north side, between Pierce and Steiner streets

Tow-away, no stopping anytime - establish San Jose Avenue, south side, from 52 feet to 95
feet south of Theresa Street.

Residential permit parking area "Y" (2-hour time limit, April to October, 9 am to 10 pm, Monday through Friday, 9 am to 6 pm, Saturday and Sunday; November to March, 9 am to 6 pm, Monday through Saturday) - establish 200 block of Brannan Street, south side, between Colin P. Kelly, Jr. and Delancey Streets.

Residential permit parking area "Z" (2-hour time limit, 8 am - 6 pm, Monday through Friday) - Establish Cesar Chavez Street, south side, from Guerrero Street to 84 feet easterly (3600 block).

Residential Permit Parking Area "V" (2-Hour Time Limit, 8 Am - 6 Pm, Monday Through Friday) - Establish Mount Vernon Avenue, both sides, between Del Monte and Ellington Avenues and; Ellington Avenue, both sides, between Mount Vernon Avenue and east terminus.

Residential Permit Parking Area "U" (1-Hour Time Limit, 8 Am - 10 Pm, Everyday) - Establish 147 Stillman Street

Tow-Away, No Parking Anytime - Establish 100 Block of Bache Street, South Terminus, From 10 Feet East Of West Property Line To 22 Feet Easterly.

Unmetered Motorcycle Parking - Establish Gallagher Lane, from 2.5 feet to 20 feet south of Tehama Street.

One-Hour Parking Time Limit From 7 Am To 6 Pm, Except Sunday - Establish Gallagher Lane, East Side, From 18 To 120 Feet North Of Clementina Street.

One-Way (Westbound) Street - Establish Tehama Street, from Gallagher Lane to 5th Street.

No Parking Anytime - Rescind Tow-Away, No Parking Anytime and Establish Tehama Street, Both Sides, Between 5th Street And Gallagher Lane.

Special Truck Loading Zone, One-Hour Time Limit, 7 Am To 6 Pm, Monday Through Saturday; Tow-Away, No Parking All Other Times - Establish Tehama Street, north side, from 67 feet to 124 feet east of 5th Street. (Explanatory documents include a staff report, and resolution.) (DPT)

RESOLUTION 02-137

(10.3) Approving the sale of Car No. 96 to the City of Issaquah, Washington, and authorizing the Director to execute the sale agreement pending approval by the Board of Supervisors. (Explanatory documents include a staff report, and resolution.) (MUNI)

RESOLUTION 02-138

(10.4) Approving the one-month license agreement at the Performing Arts Garage commercial space with the San Francisco Ballet for the amount of $1,500. (Explanatory documents include a staff report, agreement and resolution.) (PA)

RESOLUTION 02-139

(10.5) Authorizing the Director to accept and expend funding from the TFCA Regional Funds in the amount of $1,123,364 for the Transit Bus Traffic Signal Prioritization; partial funding for 15 CNG or Hybrid Electric Vehicles; and Installation of Bicycle Racks on 50 Vehicles. (Explanatory documents include a staff report, and resolution.) (MUNI)

RESOLUTION 02-140

(10.6) Authorizes the Director to accept and expend $1,093,110 in federal Section 5309 capital assistance for the Metro East Light Rail Maintenance Facility. (Explanatory documents include a staff report, and resolution.) (MUNI)

RESOLUTION 02-141

No public comment.

On motion to approve the Consent Calendar:

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

Chairman Flynn asked that staff pay closer attention to the settlement reports as they contain errors and incomplete information. The reports have to get better.

REGULAR CALENDAR

PARKING AUTHORITY

11. Approving the lease between the Parking Authority and Premier Retail Networks for the 243-245 Third Street commercial storefront at the Moscone Center Garage on a month-to-month basis for a maximum of 24 months at $2,200 per month. (Explanatory documents include a staff report, lease and resolution.)

No public comment.

RESOLUTION 02-142

On motion to approve:

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

MUNICIPAL RAILWAY

12. Fixing the wage schedule for Transit Operators, Classification 9163 at $23.99 per hour, retroactive to July 1, 2002 and fixing the wage schedule for Transit Operators, Classification 9163, at $24.56 per hour effective February 1, 2003. (Explanatory documents include a staff report, and resolution.)

No public comment.

RESOLUTION 02-143

On motion to approve:

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

13. Awarding Contract No. CS-138, Professional Engineering and Other Support Services for Muni Metro Third Street Light Rail Project: New Central Subway, to the Joint Venture of Parsons Brinckerhoff, Quade and Douglas and PGH Wong Engineering for an amount not to exceed $29,800,000 and a term not to exceed five years, pending approval by the Civil Service Commission and the Board of Supervisors. (Explanatory documents include a staff report, selection committee report, agreement, resolution and financial plan.)

No public comment.

RESOLUTION 02-144

On motion to approve:

ADOPTED: AYES - Black, Casey, Flynn, Kasolas, 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 5:08 p.m.

2. Roll Call

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

Also present:
Michael T. Burns, Director of Transportation
Roberta Boomer, Board Secretary
Robert Bryan, Deputy City Attorney
Fred Hamdun, Deputy Director
Joanne Hoeper, Deputy City Attorney
Fred Stephens, General Manager
Louis Johnson, Deputy General Manager
Lorraine Fuqua, Special Assistant
Cecilia Mangoba, Deputy City Attorney
Michael Leon Guerrero, Deputy City Attorney
Peter Keith, Deputy City Attorney
Vernon Crawley, EEO 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 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) Approving settlement of Lisa Mixon vs. CCSF, Superior Ct. #316288, filed on 10/31/00 in the amount of $450,000

RESOLUTION 02-145

On motion to approve:

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

(4.2) Discussion of CCSF vs. Pick Your Part Auto Wrecking (dba The City Tow), Superior Ct. #322841 filed on 7/12/01

(4.3) Discussion of CCSF et al. vs. Tutor Saliba et al., U.S. District Ct. #C025286, filed on 11/1/02

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 5:46 p.m.

14. Announcement of Closed Session.

Chairman Flynn announced the board met in closed session to discuss the Mixon, Pick your Part Auto Wrecking and Tutor Saliba cases with the city attorney. The board voted unanimously to settle the Mixon case and took no action on the other cases.

15. 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 5:48 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.