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MTA BOARD MEETING MINUTES
TUESDAY, JANUARY 7, 2003

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 4:08 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 December 3, 2002 Regular Meeting: unanimously approved.

5. Communications

The Board Secretary announced that the resolution for Item 10.13 regarding the Master Agreement with Caltrans had been changed to delete reference to it being approved by the Board of Supervisors, as their approval is not necessary.

She also announced that Item 12, awarding a contract to Mitchell Engineering for Third Street had been continued to the next meeting at the request of staff.

6. Introduction of New or Old Business by Board Members

Chairman Flynn asked for an inventory of all contracts that have been completed but have not been closed out, including a time-line, reason why they remain open and anticipated closeout date. He urged staff to get them to the board as expeditiously as possible.

7. Director's Report (For discussion only)

-Special Recognition Award
-Overview of FY04 Muni and DPT Revenues, Expenditures and Budgets
-Ongoing Activities

Director Burns was pleased to recognize Charles White as the MTA Special Recognition Awardee for January 2003. Operator White received the award for his intervention in a viscious assault last November. He put himself at risk to come to the aid of a young person. Mr. White represents the model Muni employee. He started at Muni on Sept. 9, 2002. Mr. White thanked the board for the recognition; calling it "nothing special" as he is a father and hopes that any other father would intervene in a similar situation. Operators are the eyes and ears of the organization and need to get involved. Chairman Flynn expressed appreciation to Mr. White on behalf of the board.

Director Burns reviewed the service on New Year's Eve, calling it challenging because of the large number of people and their behavior. This year there was an additional challenge with the Diamond Walnut Bowl football game. Crowds were estimated at 100,000. Muni, DPT and the SFPD worked closely on the plans and employees did an exceptional job.

Third Street construction has begun at 4th and King Streets. That intersection is closed until March 27. It is important to meet this deadline, as the first baseball game is March 29. Muni has procedures in place to deal with the changes for pedestrians, motorists, people with disabilities and for Cal Train riders. Extensive community outreach was done in anticipation of this closure.

Chairman Flynn asked for a briefing on the progress of this project every 30 days.

Director Burns presented the key points of FY2004 revenues, expenditures and budget for Muni. There is an anticipated deficit of $38 million, largely due to the economic slowdown and impact on revenues as well as projected increases in expenditures. Muni will be recommending a fare increase for 2004, which is expected to generate $15 million towards the $38 million deficit. The fare increase alone won't address the deficit. Staff is investigating other revenue sources, and staff and service efficiencies to address the rest of the deficit.

Gigi Harrington, DGM, Finance and Administration, reviewed the budget, detailing Muni's accomplishments over the past three years and efforts to identify new revenue sources and stabilize funding. She stated that if the new fare proposal isn't approved, Muni would have significant problems and would have to cut service deeply to make up the deficit, as there aren't any other sources of revenue. Muni will hold community meetings to present the fare proposal. The MTA Board must approve the budget by March 1 when it goes to the Mayor and Board of Supervisors.

Director Casey asked for underlying background information such as fare information from other transit properties.

Director Lim asked for a list of discount fares that are offered by other agencies.

Fred Hamdun, Deputy Director, Parking & Traffic reviewed New Year's Eve service. Over 70 officers worked to control over 100,000 people. They did an outstanding job resulting in minimal injuries and damage to property.

As of January 1st, the fine for sidewalk violations increased to $75. Next year the fine will increase to $100.

With respect to the installation of new meters, 100% of multispace meters have been installed. Staff is currently installing single space meters and will be complete by March of 2004.

Julia Dawson, Deputy Director of Finance presented the FY03 DPT budget. She noted that for the current fiscal year, any potential revenue shortfalls would be managed by controlling operating costs. For FY03, there will be a $2 million reduction from the General Fund. Staff is looking at raising fees and fines to resolve the deficit as well as continued service efficiencies.

The policy concerns that they will focus on are direct service, improved safety and improved traffic and transit. They plan to pursue smart technology as well.

Chairman Flynn asked staff to include a comparison with the current FY budget when they present next year's DPT budget. He also asked for all the documents to be sent to the Board in advance so they have adequate time to review them.

8. Citizen's Advisory Council Report

No report was made.

9. Public Comment

Bill Sisk, President of TWU-250A, stated that Local 250A is willing to work with management on the budget.

Ellen Murray, Muni operator, stated that TWU has a long history of helping passengers and suggested staff investigate an assessment fee for downtown offices. She thinks it's an important source of revenue that needs to be investigated as big businesses benefit from Muni service.

Sarita Britt discussed the proposed sick policy as it was set with out union input.

Mike Lonegan, TWU- Local 200 also discussed the sick policy noting that the law requires staff to meet and confer with the unions. He asked to board to urge staff to meet and confer with the unions to obtain buy in from the employees.

Em Stevens, a Presidio dispatcher for 17 years, thinks that the implementation of the Transit Safe System is a complete joke. There is little to no training and no consistency of use. It's a difficult system to work with and still has many bugs.

Jerrel Cross offered his expertise as a former transit operator, transit supervisor and claims officer. He noted that it costs money when the Claims staff doesn't get complete information.

Glenda LaVigne, President, Local 200, has several issues, including the Sick Abuse Policy and Transit Safe. She said Transit Safe is a joke as a lot of money has been invested and the program doesn't work. Someone should have asked the operators and dispatchers what they needed before they designed the system. She asked to meet and confer regarding the Sick Abuse Policy and urged the board to send that policy back.

Barry Taranto stated that taxicab drivers are paying higher fares. He asked again for the Revenue and Citation reports. He urged staff not to decrease Parking Control Officer staffing levels and to revisit payment for street closures for Street Fairs. He also asked for a revamping of the ISCOTT procedure to increase input.

Roger Bazeley noted that there are complex funding issues. He urged a cooperative vision and would like to see more master planning. He approves of the need to raise fares to a reasonable $1.25 for adults and suggested a raise to fifty cents for students and seniors.

Ernestine Weiss stated that when she doesn't show up at meetings it means Muni is providing pretty good service. She called attention to a broken fare box on F-line. She called increased fare proposal reasonable but asked Muni to go easy on seniors. She urged operators to not allow people with drinks to board. Clay Street continues to be bad and there is no reason not to eliminate meters on Grant and Kearny given the nearby garage.

Andrew Sullivan commented on the fare subject. Rescue Muni hasn't taken a formal position but has a few recommendations. Muni's top priority should be no unplanned service cuts as that occurrence in the 90's resulted in bad reliability and a bad reputation. He suggested that parking fees be raised at the same time as bus fares as both riders and drivers should pay their share.

He agrees that there is a need to pursue other revenue sources such as a Downtown Transit Assessment District.

Norm Rolfe urged the board to look at revenues other than fares, such as raised garage and parking fees. He also suggested an increase in the Transit Impact Development Fee. He doesn't think Cable Car fares should be increased.

Danielle Parmenter, Transit Supervisor, said that Transit Safe is a big failure as it's not easy to use. She suggested that we work with companies in Silicon Valley to develop technology that Muni could use.

(Director Casey asked staff for a status report on the TIDF fund and would like to hear discussion about the Sick Abuse Policy and Transit Safe, if possible in closed session.)

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:

A. Barry Ingram vs. CCSF, Superior Ct. #404394 filed on 2/2/02 for $500
B. Isabelle Muzio vs. CCSF, Superior Ct. #410131 filed on 12/19/01 for $7,500
C. Jane Ha To vs. CCSF, Unlitigated Claim #0202739, filed on 3/5/2 for $9,500
D. Harutyun Ananyan vs. CCSF, Unlitigated Claim #01T06555, filed on 12/5/01 for $10,000
E. Rhonda Winter vs. CCSF, Unlitigated Claim #01S02821 filed on 3/20/03 for $12,500
F. Nancy Drew Fenton vs. CCSF, Superior Ct. #317341 filed on 12/11/00 for $31,142

RESOLUTION 03-001

(10.2) Approving the following traffic modifications:

A. Tow-away, no parking anytime, 10 am - 6 am, everyday - establish
Executive Park Boulevard, east side, between Alana Way and Blanken Avenue.

B. Perpendicular (90-degree angle) parking - establish
South Park Avenue, both sides, from 2nd Street to 125 feet westerly.
South Park Avenue, both sides, from 3rd Street to 125 feet easterly.

C. Residential permit parking area "X" (2-hour time limit, 8 am - 6 pm, Monday through Friday) - establish
Arkansas Street, west side, between 17th and Mariposa Streets (100 block)
Arkansas Street, east side, from 50 feet south of 17th Street to Mariposa Street.

D. No parking anytime - rescind, tow away no parking anytime - Establish
Russian hill place, east side from Vallejo Street to 15 feet northerly.

E. Residential permit parking area "s" (2-hour time limit, 8 am - 9 pm, Monday through Friday) - rescind
Rose Street, north side, from Market Street to 26 feet westerly.

F. Two-Hour Parking Time Limit, 9 am - 5 pm, Monday through Friday - Establish
18th Street, both sides, between 3rd and Tennessee Streets.

G. Residential Permit Parking Area "Z" (2-Hour Time Limit, 8 am - 6 pm, Monday through Friday) - Establish
Valencia Street, east side, from 22nd to 23rd Streets (1100 block).

H. Tow-Away, No Stopping Anytime - Establish
Geary Boulevard, South Side, from 40th Avenue to 80 Feet westerly (Adjacent to Center Roadway Island).

I. Perpendicular (90-Degree Angle) Parking - Establish
Ervine Street, West Side, from Wilde Street to 346 feet southerly.

J. Unmetered Motorcycle Parking - Establish
7th Street, West Side, from 48 to 76 feet North of Townsend Street

K. Red (No Parking Anytime) Zone - Rescind, Unmetered Motorcycle Parking - Establish
8th Street, East Side, from Division Street to 10.5 Feet Northerly

L. Residential Permit Parking Area "Z" (2-Hour Time Limit, 8 am - 6 pm, Monday through Friday) - Establish
25th Street, Both Sides, Between Church And Dolores Streets (3800 Block).

M. Residential Permit Parking Area "Z" (2-Hour Time Limit, 8 am - 6 pm, Monday through Friday) - Establish
Fair Oaks Street, both sides, between 21st and 22nd Streets.

N. Residential Permit Parking Area "Z" (2-Hour Time Limit, 8 am 6 pm, Monday through Friday) - Establish
Church Street, both sides, between 25th and Clipper Streets

O. Residential Permit Parking Area "J" (2-Hour Time Limit, 8 am -5 pm, Monday through Friday) - Establish
17th Street, both sides, between Shrader and Stanyan Streets.
(Explanatory documents include a staff report, and resolution.) (DPT)

RESOLUTION 03-002

(10.3) Authorizing the Director to enter into a Second Amendment to the grant agreement between San Francisco and City Carshare providing existing spaces free of charge in city-owned garages by extending the term of the agreement by six months to June 30, 2003. (Explanatory documents include a staff report, and resolution.) (DPT)

RESOLUTION 03-003

(10.4) Adopting the Car-Share Parking Rates for City-owned and Parking Authority-owned parking garages, which rates are currently identical to existing car-pooling rates, for car-sharing programs that meet minimum qualifications. (Explanatory documents include a staff report, table of rates and resolution.) (DPT)

RESOLUTION 03-004

(10.5) Authorizing the Director to designate spaces in city-owned off-street parking facilities for the exclusive use of carsharing organizations at a rate of $96 per month. (Explanatory documents include a staff report, and resolution.) (DPT)

RESOLUTION 03-005

(10.6) Concurring with the Japan Center Garage Corporation's action to reject all earlier Bid/RFP proposals for the management of the Japan Center Garage; authorizing the Japan Center Garage Corporation to reject all proposals in response to the earlier Bid/RFP and authorizing the issuance of a new Bid/RFP package. (PA)

RESOLUTION 03-006

(10.7) Authorizing the Director to authorize the City of San Francisco Japan Center Garage Corporation to disburse funds, up to $100,000, in Fiscal Year 2002-2003, to the Japantown Task Force. (Explanatory documents include a staff report, work plan and resolution.) (PA)

RESOLUTION 03-007

(10.8) Appointing Michael Kasolas to the Trust Fund Board as a trustee. (Explanatory documents include a staff report and resolution.) (MUNI)

RESOLUTION 03-008

(10.9) Authorizing the Director to execute an agreement with BART, which extends the use of the Muni Fast Pass on BART in San Francisco through December 31, 2003, and increases the reimbursement from Muni to BART to $0.80 per ride. (Explanatory documents include a staff report, agreement and resolution.) (MUNI)

RESOLUTION 03-009

(10.10) Urging the Board of Supervisors to authorize the Director of Transportation to execute an agreement with BART to effect the FY02 and FY03 payments in the amount of $5,222,832 from BART to Muni for feeder bus service to BART stations. (Explanatory documents include a staff report, agreement and resolution.) (MUNI)

RESOLUTION 03-010

(10.11) Authorizing the Director to designate the 1237 Training Coordinator, 6141 Manager, Office of Health and Safety and the 7212 Automotive Transit Equipment Supervisor classifications as "service-critical". (Explanatory documents include a staff report, and resolution.) (MUNI)

RESOLUTION 03-011

(10.12) Authorizing the Director to execute the Master Agreement with the California Department of Transportation for receiving grant funds for State funded transit projects. (Explanatory documents include a staff report, resolution and agreement.) (MUNI)

RESOLUTION 03-012

(10.13) Authorizing the Director to apply for, accept, and expend $3,960,116 in federal Section 5309 capital assistance for Particulate Matter Traps Procurement and Natural Gas Facility Rehabilitation. (Explanatory documents include a staff report, and resolution.) (MUNI)

RESOLUTION 03-013

No public comment.

On motion to approve the Consent Calendar:

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

REGULAR CALENDAR

MUNICIPAL RAILWAY

11. Authorizing the Director to request supplemental appropriations for $35,506,484 in lease-leaseback revenues and to expend the revenues on the recommended twenty capital projects. (Explanatory documents include a staff report, resolution and project descriptions.)

No public comment.

RESOLUTION 03-014

On motion to approve:

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

12. Authorizing the award of Contract No. MR-1142, Third Street Light Rail Transit: 22nd Street to Jerrold Avenue, to Mitchell Engineering/Obayashi Corp., as the lowest responsive and responsible bidder, in the amount of $42,202,780. (Explanatory documents include a staff report, resolution and financial plan.)

This item was continued to the next meeting at the request of staff.

13. Approving the 2003 State and Federal Legislative Program. (Explanatory documents include a staff report.)

No public comment.

RESOLUTION 03-015

On motion to approve:

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

14. Authorizing the Director of Transportation to execute a permanent easement with Daly City, granting an easement in the median of Bayshore Boulevard to serve as a terminus for the city's light rail vehicles, from the border between the city and Daly City to approximately 240 feet into Daly City, on condition that the city maintain the trackway median, poles and lights and trees and finding that these modifications will not require important revisions to the Final Environmental Impact Statement and Report. . (Explanatory documents include a staff report, resolution and agreement.)

The board secretary noted that the resolution needed to be amended to delete reference to a "permanent" easement. Robert Bryan, Deputy City Attorney stated that the reason was because the easement is not permanent as it could be terminated at some point in the future.

No public comment.

RESOLUTION 03-016

On motion to approve as amended:

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 5:52 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
Larry Williams, Deputy General Manger, HR/LR/EEO
Gina Roccanova, Deputy City Attorney
Vernon Crawley, Manager, EEO
Lorraine Fuqua, Special Assistant

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 Maria Suarez vs. CCSF, EEOC #3701200559, filed on 3/27/02 for $15,000

RESOLUTION 03-017

On motion to approve:

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

(4.2) Approving settlement of Angelina Nelson vs. CCSF, EEOC #370A200788, filed on 4/19/02 for $25,000

RESOLUTION 03-018

On motion to approve:

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

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 6:12 p.m.

15. Announcement of Closed Session.

Chairman Flynn announced the board met in closed session to discuss the Suarez and Nelson cases with the city attorney. The board voted unanimously to settle the cases.

16. 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 6:13 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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