return to MTA 2003 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 4:12 p.m.

2. Roll Call

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

Absent: Enid Lim
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 February 4, 2003 Regular Meeting and the February 11, 2003 Special Meeting: unanimously approved (Lim, Vaughns-absent).

5. Communications

None.

6. Introduction of New or Old Business by Board Members

Chairman Flynn asked Deputy City Attorney Robert Bryan to introduce Julia Friedlander. Ms. Friedlander is assuming Mr. Bryan's responsibilities and comes highly recommended. Ms. Friedlander is honored to take this assignment and is delighted to follow in Mr. Bryan's footsteps, even if the shoes to fill are big. Chairman Flynn thanked Mr. Bryan for his hard work over the years.

7. Director's Report (For discussion only)

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

Mr. Burns announced that the Third Street - Route 101 detour begins tomorrow. He noted that Muni's service standards have been holding steady. He has a concern about meeting this year's on-time performance target as has stayed stable at the same level as last year's target.

Mr. Burns discussed the Muni maintenance vehicle involved in the fatal accident on Potrero last week that resulted in the death of a young child. Muni is cooperating fully with city investigators and conducting their own investigation. The MTA is committed to doing whatever needs to be done to avoid tragedies such as this. He expressed sympathy on behalf of the entire organization to the family during this difficult time. Supervisor Ammiano will hold a hearing to discuss pedestrian and traffic safety.

Director Burns noted that the MTA Board has been receiving updates on the FY04 budget since early January and is aware of the fiscal crisis that the MTA faces next year. Staff has worked hard to incorporate suggestions from community groups, the Mayor's office and the Board. Staff presents a balanced budget, which aims to protect service quality and minimize impact to employees and riders. Because the budget is required to be submitted by March 1, there will be another special meeting on Wednesday, February 26.

8. Citizen's Advisory Council Report

Daniel Murphy, Chairman, CAC, welcomed Steve Ferrario to the CAC. Steve has been appointed by Supervisor Bevan Dufty. The CAC elected a new vice-chair, Nia Crowder, who represents Supervisor Gavin Newsom. Mr. Murphy extended a welcome to Ms. Friedlander and thanked Robert Bryan for all his assistance. The bulk of what the CAC has been doing is a detailed review of the budget and proposal to increase Muni fares and DPT fees. He presented the CAC's written recommendations and reviewed the major highlights with the board. He noted that the CAC passed a resolution commending the help received from Muni and DPT finance staff who worked long hours to include the CAC so they could make reasonable recommendations.

9. Public Comment

Peter Ehrlich, Green Division Operator, discussed the status of weekend service after the no-overtime policy went into effect. He said that 30 runs out of 100 were held in house on a weekend that included the Chinese New Year's parade and thinks it's inexcusable.

Roger Bazeley is concerned about pedestrian safety. DPT has been a tremendous partner in reducing pedestrian and traffic incidents. It's very important to get the pedestrian CAC up and running so they can focus on engineering upgrades, educational community outreach programs, and creating greater safety awareness in school safety zones.

Linda Perez is a parent and teacher at Yerba Buena School who stated that a traffic delay signal could have prevented a school child from being killed a few blocks from her school. There are no signs that indicate that a school is nearby and motorists drive on Potrero Street as if it is a freeway. The community has been expressing their concerns to the city since 1998. This accident could easily have been avoided if there had been traffic management changes at Potrero and 24th and Potrero and 25th.

Sasha Cuttler is a member of the Buena Vista Elementary School PTA. The Board of Supervisors passed a resolution in 1998 to try to work on traffic situations but no changes have ever been made. There are six lanes of traffic to cross without a pedestrian signal. He urged staff to take immediate measures to improve the situation as it's sad to see the lit up crosswalk in front of City Hall when his neighborhood can't have a cross walk. He also thinks that a PCO should be assigned there to help the crossing guard.

Bailey Armstrong, a student at BV, heard about accident and felt like she could cry. The girl who died didn't get to read one book to her family.

Bob Armstrong, a parent of 2 children and art coordinator at the school, felt great sorrow when he heard about the dreadful accident. He urged staff to install traffic abatement and slowing procedures on Potrero, as it's a vast street to cross. He implored the Board to use their power to remedy the situation so they will never have to suffer tragedy again.

Ivette Rodriguez, a parent at BV was raised 2 blocks away from the incident. She never lets her children go on walking field trips because she has seen accidents like this on Potrero. She noted that the traffic coming from the shift change from General Hospital doesn't recognize the 4-way stop and there are no signs indicating there is a school in the area. Lights are needed there as well.

Carol Gordon, an attorney in the city, is moved by what happened. There are many things that could be done to make that area safer and more visible, such as painting the crosswalks. There is no excuse for not taking immediate steps. More traffic enforcement and increased visibility is required.

Barry Taranto noted that cab drivers extended their condolences. There should be no-left turn restrictions during heavy commute hours and the traffic engineers need to look at how the lights are timed. He hopes that there will be another hearing on the parking fees and doesn't think that people should be punished for taking extra time at a local restaurant or store.

Chairman Flynn noted that these concerns had never been raised with the MTA before and something will be done. Director Casey asked for discussion about the procedure staff uses to investigate requests or complaints at the next board meeting. Chairman Flynn asked for discussion about the specific steps that would be taken at this location.

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. Samantha Morales, Superior Ct. #CGC02405547, filed on 3/12/02 for $3,000
B. State Farm/Thomas Cradick, Unlitigated Claim #03B60212 filed on 12/12/02 for $5040.75
C. Frank Cantor, Unlitigated Claim #0302089, filed on 12/24/02 for $5,138.06
D. Boston Properties, Unlitigated Claim #0302195, filed on 1/8/03 for $6,028.72
E. Teodulo Arias, Unlitigated Claim #0300532, filed on 8/12/02 for $6,500
F. Brianna Sylvers, Unlitigated Claim #01B1458, filed on 9/16/02 for $6,750
G. Yuan Fen Liao, Unlitigated Claim #0102806, filed on 3/27/01 for $7,000
H. Tom Kein Liu, Unlitigated Claim #0300139, filed on 7/10/02 for $7,000
I. Ellen Pearson, Unlitigated Claim #01B17291, filed on 5/22/02 for $7,357.49
J. Jennifer Elias, Unlitigated Claim #01B16251, filed on 9/18/02 for $10,000
K. Alfredo Villeta, Superior CT #409463, filed on 7/5/02 for $10,000
L. Mary Nashawaty, Superior CT #319385 filed on 5/5/01 for $12,500
M. Farmers Insurance, Superior CT #191842, 404900, 500337, filed on 9/12/01 for $13,000
N. Roberto Laguna, Unlitigated Claim #01T0655, filed on 5/1/02, for $27,240.04

RESOLUTION 03-036

(10.2) Approving the following traffic modifications:

A. Residential Permit Parking Area "S" (2-Hour Time Limit, 8 am - 9 pm, Monday through Friday) - Establish Church Street, east side, between 21st and 22nd Streets and Church Street, west side, between 21st and Hill Streets

B. Tow-away, No Stopping Anytime - Establish 19th Avenue, east side, from Junipero Serra Boulevard to 68 feet southerly

C. No Right Turn on Red - Establish Dwight Street at San Bruno Avenue, eastbound

D. Tow-away, No Parking Anytime - Establish northern end of 20th Avenue, north of Lake Street, from west curb to 20 feet easterly. (Explanatory documents include a staff report, and resolution.) (DPT)

RESOLUTION 03-037

(10.3) Approving the rejection of all bids received and approving a new bid call for Department of Public Works Contract No. 0481J: Columbus Avenue Traffic Signal Upgrade. (Explanatory documents include a staff report, resolution and financial plan.) (DPT)

RESOLUTION 03-038

(10.4) Approving the rejection of all bids received on November 6, 2002 and approving a new bid call for Department of Public Works Contract No. 0480J: Tenderloin Traffic Signal Upgrade. (Explanatory documents include a staff report, resolution and financial plan.) (DPT)

RESOLUTION 03-039

(10.5) Authorizing the Director to apply for, accept, and expend $990,029 in Federal Section 5309 capital assistance for the design and construction of MUNI's Central Control facility. (Explanatory documents include a staff report, and resolution.) (MUNI)

RESOLUTION 03-040

(10.6) Accepting Contract No. CS-111, As-Needed Consultant Support, approving the final contract amount of $3,876,189, and approving the closeout of this Contract with Booz Allen and Hamilton, Inc. (Explanatory documents include a staff report, resolution and financial plan.) (MUNI)

RESOLUTION 03-041

(10.7) Authorizing the Director to proceed with Tranche 2 of the Breda light rail vehicle leveraged lease-leaseback transaction without an obligation to pay broken-deal costs. (Explanatory documents include a staff report, and resolution.) (MUNI)

RESOLUTION 03-042

No public comment.

On motion to approve the Consent Calendar:

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

ABSENT - Lim and Vaughns

REGULAR CALENDAR

DEPARTMENT OF PARKING AND TRAFFIC

11. Public hearing to consider the Department of Parking and Traffic's proposal to increase parking fees, fines and rates.

Julia Dawson, Deputy Director, DPT Finance, reviewed the proposed fines, fees and rates.

Director Casey asked to see the percent increases proposed at each garage.

PUBLIC COMMENT:

Norm Rolfe, San Francisco Tomorrow, notes that most garage rates have not increased by 25% and should be examined closely. He urged the Board to review early bird and monthly rates. The Early Bird rate at the Golden Gateway Garage should be raised and the Bush Garage monthly rate could be raised higher and still be competitive with other neighborhood garages.

Andrew Sullivan, Rescue Muni, is pleased to see that many of their recommendations were implemented. While many parking fees went up a commensurate amount, there are a couple of missed opportunities. He urged staff to re-look at garages that are well served by public transit and to increase residential permit parking fees for additional cars.

Barry Taranto isn't happy with the proposal and thinks that other violations could be increased, such as fines for parking in a cabstand or a white zone. There might be some public outcry about certain fees such as street cleaning. He doesn't agree that the curb-painting fee should be divided into two fees and thinks that taxi stands should be exempt from that fee. People who take longer at a business or restaurant shouldn't be penalized.

Howard Strassner thinks the proposal is a good start but doesn't go far enough. He urged an increase in early bird, daily, weekly and monthly rates, as commuters shouldn't be accommodated. He thinks the parking tax should be changed and that market rates should be charged.

Jose Morales noted that many garages don't display information that they pay taxes and should be fined.

Richard Peterson thinks that the residential parking permit fee should be raised.

Chairman Flynn closed the public hearing.

MUNICIPAL RAILWAY

12. Public hearing to consider the Municipal Railway's proposal to increase transit fares.

(This hearing was continued from the February 11, 2003 Special Meeting.)

Gigi Harrington, Deputy General Manager, Finance, reviewed changes to the fare proposal from the last board meeting.

Kate Toran, Paratransit Coordinator, Accessible Services, discussed the Paratransit Fare Proposal.

Director Black expressed concern about layoffs and asked how it would affect service. Director Burns noted that Muni has worked for the past two years to avoid layoffs and even now layoffs will be the last resort. He hopes that through negotiations, and working with various unions, they can come up with solutions that would avoid layoffs, but there aren't other solutions at this point.

Staff is still discussing the classifications that would see reductions so they can't know what the impact will be. The 40 layoffs for FY03 won't affect service on the street but the support functions would be impact. Muni will be honoring the agreement with those unions who participated in the employee retirement contribution. While the MTA is required to submit a budget by March 1st, it will clearly have assumptions. Following the collective bargaining process, the budget will return to the board with the result of those negotiations. Hopefully it will include solutions that will minimize layoffs.

PUBLIC COMMENT:

Norm Rolfe suggested that a number of things could be done to avoid layoffs; such as diligently seeking other funding sources as not enough has been done in this respect. He hopes staff does a better job than they did with the Mission/Steuart Hotel proposal which has cost Muni thousands of dollars and hasn't materialized yet. The Transit Impact Development Fee (TIDF) could be raised which would help solve the budget deficit.

Ellen Murray is opposed to the fare increase, as staff hasn't pursued uncollected fare revenues. Assuming that the TIDF won't increase means it's not being pursued. The unions are opposed to any pay cuts as operators have already made a huge donation with wage progression.

Jose Morales thinks that finding other sources of revenue would be a good idea so you don't have to increase fares. He urged a delay on the decision by 2-3 months so large corporations could chip in. The flood of people who board through back doors is tremendous and Muni should use part time drivers and not pay overtime. He supports no increase in senior fares and fast passes. DPT is getting too lax in their fines for parking on sidewalk and is losing a lot of revenue.

Richard Peterson is worried about Muni as the current fares are reasonable and raising fares starts a spiral, which is the wrong way to go.

Bill Oberhofer doesn't think Muni should have the price increase. He has complained many times about the number of courtesy rides that drivers give. Muni is losing money on rear door boardings because not everyone is honest.

Dora Gallardo stated that Muni is losing thousands of dollars on the back door boarding issue. She understands the fare increase but thinks Muni should take care of back doors.

Colin Kinlund extended his appreciation to operators who are kind and courteous. He noted that convenience is a factor with the $1 fare, which will not be made easier by needing to carry change around. Rear door boarding is big factor. People should be posted in the back or Muni should install a one-way device that would allow people to exit and not board.

Andrew Sullivan submitted Rescue Muni's specific recommendations. They would prefer to avoid layoffs and strongly encourages labor and management to work together. Rescue Muni sees opportunities for job savings, such as cross training grip men and conductors to allow for rest time. Additional revenue sources should be pursued such as selling more day passports. The MIF can't afford "Destinations" right now and when looking at layoffs and service cuts, glossy newsletters aren't appropriate. Rescue Muni is concerned that the ratio of Fast Pass to cash fare doesn't provide incentive for increased cash boarding. He thanked staff for the increase in parking fees and is in favor of increasing the TIDF.

Susan King stated that the Green Party takes a strong stance against the Muni fare increases, as the budget shouldn't be balanced on the backs of low-income people. Parking should be strictly enforced with sidewalk parking being particularly egregious. She urged enforcement of no double-parking signs and diamond lanes and advocates legislation to triple fines for people who incur moving violations while using a cell phone.

David Pilpel encourages appropriate consideration of the CAC and Rescue Muni recommendations. He thinks that the proposal to change the charge for BART/Muni transfers should be considered as a separate item because the public is unaware of it. The Fast Pass should be kept at $40.

Herbert Weiner feels that everyone is in agreement about people who board on the back who don't pay. He thinks that cyclists who go through red lights constantly should be ticketed. He suggested that top-level management should be given their walking papers and not the drivers.

Marc Solomon, Green Party, is a cyclist and takes exception to the last speaker. He does not support fare increase at this time, as it's a downward spiral. An extra quarter will mean fumbling for change. He wants to keep transit affordable as people of color and poor folks will pay heaviest.

Marc Norton, People's Budget, is opposed to fare increases, service cuts, layoffs, and pay cuts. The riders are being pick-pocketed. Muni should go after car drivers, downtown commercial property owners, rich people, and business owners.

Chairman Flynn closed the hearing and noted that ideas could still be given to staff, as the Board won't act on the budget until February 26.

13. Approving the Municipal Railway Department's FY2004 Operating Budget in the amount of $466,090,017; approving the Department of Parking and Traffic's FY2004 Operating and Capital Budget in the amount of $71,078,364; certifying that the FY2004 budgets are adequate to make substantial progress towards meeting the goals, objectives, and performance standards; approving labor savings including the possibility of reductions in the workforce; approving the Muni fixed route and paratransit passenger fare schedule; approving the schedule of DPT and Parking Authority parking fines, fees and rates; approving the fare change request to waive fares on New Year's Eve 2003, authorizing the continuance of the Class Pass program; and authorizing the implementation of short-term experimental fares. (Explanatory documents include a staff report, resolution and attachments.)

PUBLIC COMMENT:

Sarita Britt said that Muni only needs one general manager which would save $175,000.

Glenda LaVigne, President Local 200, is concerned about the budget, as it seems to be bloated. She knows that her union will be targeted and while they haven't started negotiations, they will provide their recommendations.

Rafael Cabrera, TWU Local 250-A, stated that working with Muni management but it's difficult when he doesn't have the figures on service adjustments or how savings have been achieved. It's important to work within Prop E and not violate the TWU-MOU. TWU agrees about service adjustments on some lines but would like more detail. (Chairman Flynn noted that staff would furnish anything Mr. Cabrera requested.)

Bill Sisk, President, TWU-250A, requests that the MTA reject the budget, as it is irresponsible and a disservice to passengers. He thinks there's a lot of fat in the management structure that should be cut and that the service reductions will result in less revenue.

Norman Rolfe noted that it is a temporary budget and that the Board should take the opportunity to review all suggestions about enhancing revenue, primarily raising the TIDF to avoid service cuts.

Larry Martin knows that dealing with this budget is a serious and tough situation. He noted that the workers need to be involved and informed before any decisions are made, as they are currently feeling downhearted. We need to communicate that the unions and management are working hard to resolve the situation. The MIF was put together to make better lives and make Muni better. It has saved Muni over $9 million and shouldn't be done away with.

David Pilpel agrees with some of Mr. Martin's comments. The CAC only got a balanced budget 5 days ago. The CAC could have had discussions about policies, priorities and service impacts earlier. It's not the fault of the public or unions but comes from the top, from management. He has asked for and been denied the list of layoffs. He got such a list back in 1992. There has always been public disclosure of specific positions so there's opportunity for public dialogue. This reflects poorly on the agency and needs to be fixed because it's a bad process.

Selwyn Woodworth, TWU 250-A, Recording Secretary addressed the fallacy of balancing the budget on the livelihoods of the front line workers who provide transportation. Many workers are single heads of households who must commute long distances because they can't afford to live in the Bay Area. He inquired if anyone had looked at the impact that this budget will have on their lives and standards of living. The success of Muni over last few years has been as a result of the people in the brown uniform, the same people who are being asked to take the hit.

Audra Knight, MIF coordinator, has put together a supplemental interim report that presents some interesting/convincing arguments about the importance of MIF. MIF saves Muni more than what it costs to run it. Areas do need to be run more efficiently. You will be impressed once you have the chance to see it.

David Ragland is with the School of Public Health at UC-Berkeley and has looked at unexcused absenteeism, workers compensation costs and the PSR process. While he doesn't have the full scope, he does see a 20-35% decrease in negative outcomes. Decreasing the MIF fund at this time would be counterproductive.

Chairman Flynn stated that consideration of the budget would be continued to the special meeting on February 26.

In response to a question by Director Casey, Deputy Director Hamdun stated that the city attorney has said that the fee for residential parking permits can't be raised past the cost to administer the program which is why the rates haven't increased for subsequent cars.

14. Authorizing the Director to negotiate and execute a professional services contract with Claremont Behavioral Services, Inc. to provide services for and management of Muni's Employee Assistance and Peer Assistance Programs for a contract amount not to exceed $675,000 and for a 3 years term ending June 30, 2004 (Explanatory documents include a staff report, contract and resolution.)

No public comment.

RESOLUTION 03-043

On motion to approve:

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

ABSENT - Lim and Vaughns

ADJOURN - The meeting was adjourned at 7:32 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

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Page last updated March 20, 2003.
Information last updated March 5, 2003.