Changes made since the draft version distributed to Rescue Muni members in the last issue of the Transfer are show by striking out deletions and highlighting additions in red.

Note: the following is the text of the Muni Reform Initiative that we hope to co-sponsor this fall. A detailed explanation and rationale of the initiative is also available. If you have questions or comments, send email to board at rescuemuni.org.

INITIATIVE MEASURE

Section 1. Findings and Declarations

The people of the City and County of San Francisco find and declare the following:

1. The San Francisco Municipal Railway has deteriorated substantially over the last ten and more years as evidenced by failure to meet scheduled service; vehicle breakdowns and unavailability; erratic service and missed trips; failure to adjust to increased traffic congestion and to respond to new areas of demand for service; and dirty, overcrowded and unsafe service. This results from inattention by policy-makers, managers and employees to the needs of the riders and a substantial reduction in financial support. The direct result has been increased automobile congestion, slower running times, additional operating expense, and a 30% reduction in ridership between 1985 and 1995.
2. Because of its density, geography, and historic patterns of development, San Francisco, its economy and its citizens are dependent upon an efficient, reliable, safe and convenient public transit system. This system must be used and useable by most people who live in, work in or visit San Francisco. In order to achieve this goal, the Municipal Railway must be restored to a level and quality of service which is competitive with that of other modes. A restored and enhanced Municipal Railway will increase its ridership by substantially more than the ridership it has lost; make more of the City accessible without using a car; improve access by employees to their jobs; augment tourism; improve retail sales; and reduce traffic congestion, air pollution, and emissions contributing to adverse climatic changes.
3. The City of San Francisco has not fully implemented the "transit first" policy stated in Section 16.102 and shall do so as amended by this initiative measure.
4. In order to accomplish these objectives, it is the intent of this initiative measure to:
   1. Create a Municipal Transportation Agency to provide a system of governance for the Municipal Railway and the Department of Parking and Traffic which will ensure the reliable and efficient operation of both and permit those responsible for their operation to be held accountable to the people of San Francisco for the results;
   2. Require that the functions of the Municipal Railway be performed in a safe and reliable manner, including establishment of rigorous performance standards, an impartial annual performance review, expeditious correction after public hearing of deficiencies identified in the performance review, standards and limitations for fare increases, and appropriate incentives;
   3. Require that the functions of the Department of Parking and Traffic be performed in a manner that is efficient and supportive of public transit, including establishment of rigorous performance standards, giving highest priority to facilitating the movement of Municipal Railway vehicles (particularly during commute hours) protecting the integrity of pedestrian areas and existing neighborhoods from the impact of automobile traffic, and making bicycles a safer mode of travel;
   4. Assure an adequate and stable level of funding for the Municipal Railway and the Department of Parking and Traffic by setting aside annually a specific portion of the General Fund as a fixed percentage of aggregate City appropriations, by adjusting that required set-aside to reflect increased costs resulting from increased service, and by encouraging development of new sources of funding that, to the extent feasible, can be dedicated to the support of the Agency; and
   5. Facilitate the use of public rights of way by public transportation and pedestrians, discourage commuting to and through the City by single-occupancy vehicles, and encourage the location of public and private developments that generate significant trip demands in areas of the City well-served by existing and future public transportation facilities.

Section 2. Charter Amendment

The people of the City and County of San Francisco do hereby amend the Charter of the City and County as follows:

ARTICLE VIIIA

THE MUNICIPAL TRANSPORTATION AGENCY

SEC 8A.100. Municipal Transportation Policy

1. The Municipal Railway shall be restored as soon as practicable to a level of service measured in service hours which is not less than that provided under the schedule of service published in the April, 1996 timetable, although not necessarily in that precise configuration. Service shall thereafter be maintained at no less than that level and shall be expanded to the maximum feasible extent.
2. The Municipal Transportation Agency ("Agency") shall be an agency within the government of the City and County of San Francisco responsible for the development, operation, and coordination of public transportation, traffic, and parking within the City and County.
3. Except as otherwise provided in this subdivision (c), the Agency shall exercise the powers and duties now vested in other departments, boards, and commissions of the City and County relating to the operation of the Municipal Railway and the Department of Parking and Traffic and the real, personal, and financial assets of both. The Agency shall be responsible for complying with and administering the restrictions and requirements imposed by this Charter and ordinances of the City and County, provided that the Agency may contract with existing City and County departments for the carrying out of its powers and duties. Any such contract shall establish performance standards for the department providing the services to the Agency, including without limitation, measurable standards for the quality, timeliness, and cost of the services provided. The Agency shall not terminate any such contract unless it finds that the department providing such services has failed to meet such standards. All City and County departments must give the highest priority to the delivery of such services to the Agency. Notwithstanding anything to the contrary in this subdivision (c) or elsewhere in this Article, the Agency shall not exercise any powers of the Controller under Section 3.105 with respect to the Agency and shall contract with the Controller for the exercise of such powers and duties.
4. The Agency shall manage the Municipal Railway so that it:
   1. Provides safe, fast, frequent, reliable, convenient, and expanded service to all neighborhoods and is comparable to the best urban transit systems in the world's major cities.
   2. Treats riders as customers who have a choice of modes of travel and are the principal beneficiaries of the operation of the Municipal Railway.
   3. Provides clean and comfortable vehicles and stations, operated by competent, courteous, and well trained operators.
   4. Provides a ride which is free of crime, breakdowns, delays, inappropriate passenger behavior, overcrowding, and accidents.
   5. Is maintained and operated in a professional, financially responsible manner.
   6. Includes joint labor-management committees to review all aspects of Municipal Railway operations.
   7. Has priority over other modes of travel, in particular over single occupancy vehicles, on most streets, particularly during commute hours.
5. The Agency shall manage the Department of Parking and Traffic so that it:
   1. Facilitates the design and operation of City streets to encourage increased pedestrian, public transit (including taxis), and bicycle traffic, and to reduce automobile traffic.
   2. Provides priority to transit services in the allocation of limited street capacity, signal preemption for public transit vehicles, and effective parking regulations; separates light rail and bus traffic from automobile traffic to increase overall transit speeds and transit system efficiencies; restores service promptly after traffic incidents, and uses the most modern transportation management and traffic operations techniques in the operation of the street system.
   3. Gives highest priority to impacts on pedestrians, public transit, commercial delivery vehicles and bicyclists in evaluating the impacts of proposed changes in the use of City streets.
   4. Develops a safe, interconnected bicycle circulation network.
   5. Promotes neighborhood integrity and livability through modern traffic-calming techniques while preserving the ability to provide expeditious and safe transit service.
6. The Agency shall manage the Parking Authority so that it:
   1. Maximizes the revenues from parking facilities for public transit;
   2. Does not construct new or expanded parking facilities unless the Agency finds the cost of such construction and the operation of such facilities will not have a substantial adverse impact on the operating and capital requirements of the Municipal Railway and the Department of Parking and Traffic.

SEC 8A.101 The Agency

1. Effective March 1, 2000, the Agency shall assume all powers and responsibilities of the Public Transportation Commission.
2. Effective July 1, 2000, the Municipal Railway and the Department of Parking and Traffic shall become departments of the Agency. The Agency shall have exclusive authority over all matters within its jurisdiction, including without limitation authority over (i) the operation of the Municipal Railway and the Department of Parking and Traffic; and (ii) the real, personal and financial assets of the Municipal Railway and the Department of Parking and Traffic, including without limitation contracting, leasing and purchasing; and (iii) except as provided in Section 8A.106, budgeting and expenditure of the funds in the Municipal Transportation Fund created by Section 8A.105. The Agency shall also exercise all remaining powers of the Parking and Traffic Commission for all purposes, including without limitation, the power of members of the Parking and Traffic Commission to serve ex officio as members of the Parking Authority under Section 32657 of the Streets and Highways Code. The Agency shall also have exclusive authority to regulate jitneys and jitney service. The Board of Supervisors shall have the power, by ordinance, to abolish any commission created with jurisdiction over taxi service within the City and County and to transfer the powers and duties of any such commission to the Agency.

SEC 8A.102. Governance and Duties

1. The Agency shall be governed by a board of seven directors appointed by the Mayor and confirmed by the Board of Supervisors. All initial appointments must be made by the Mayor and submitted to the Board of Supervisors for confirmation no later than February 1, 2000. The Board of Supervisors shall act on those initial appointments no later than March 1, 2000 or those appointments shall be deemed confirmed. Two directors must possess knowledge of, or professional experience in, the field of public transportation. All directors must be regular riders of the Municipal Railway, and must continue to be regular riders during their terms. Directors shall serve four-year terms, provided, however, that two of the initial appointees shall serve for terms ending March 1, 2004, one for a term ending March 1, 2003, two for terms ending March 1, 2002, and one for a term ending March 1, 2001. Initial terms shall be designated by the Mayor. No person may serve more than three terms as a director. A director may be removed only for cause pursuant to Article XV. The directors shall annually elect a presidentChair. The president shall serve as Chair at the pleasure of the directors. Directors shall receive a reasonable per diem for attending meetings of the Agency which shall not exceed the average of the two highest per diems paid to the members of any board or commission with authority over a transit system in the nine Bay Area counties.
2. The Agency shall:
   1. Have exclusive charge of the construction, management, supervision, maintenance, extension, operation, use and control of all property, as well as the real, personal and financial assets of the Municipal Railway and the Department of Parking and Traffic; and exclusive authority over contracting, leasing, and purchasing by the Municipal Railway and the Department of Parking and Traffic, provided that any contract for transit service to be provided by an independent contractor shall require approval by ordinance of the Board of Supervisors, and provided further that under no circumstances shall ownership of any of the assets of the City and County be transferred to any private entity pursuant to any such contract.
   2. Prepare and submit to the Mayor and the Board of Supervisors no later than July 1, 2001, a complete five-year financial plan for the Municipal Railway commencing with fiscal year 2001-2002, which shall thereafter be updated annually, and which shall contain at least the following elements:
      1. Identification of efficiencies and cost saving measures which can be implemented, consistent with maintenance of high quality service;
      2. Projection of appropriate and necessary costs for the operation of the Municipal Railway on an annual basis over at least a five-year period at a level consistent with meeting all standards of service;
      3. Projection of anticipated revenues; and
      4. Identification of additional revenue sources to cover any projected shortfall between projected costs and projected revenues.
   3. Except as provided in Sections 3.105 and 8A.106, have exclusive authority over applicable departmental budgets and expenditures or any budget modifications or fund transfers, to the extent such budget, expenditures, budget modifications or fund transfers are limited to the funds in the Municipal Transportation Fund; and have exclusive authority to reorganize the duties and functions of any department within its jurisdiction.
   4. Have the sole power and authority to enter into such arrangements and agreements as it shall deem proper for the joint, coordinated, or common use with any other public entity owning or having jurisdiction over rights-of-way, tracks, structures, subways, tunnels, stations, terminals, depots, maintenance facilities, and transit electrical power facilities.
   5. Have the sole power and authority to make such arrangements as it deems proper to provide for the exchange of transfer privileges, through-ticketing arrangements and bulk fare purchases, and such arrangements shall not constitute a fare change subject to the requirements of Section 8A.108.
   6. Have the authority to request and receive supplemental appropriations, provided that any such supplemental appropriations, including appropriations from the Municipal Transportation Fund, shall be subject to Article IX.
   7. Notwithstanding Section 2.109, and except as provided in Section 8A.108, have exclusive authority to fix the fares charged by the Municipal Railway, the charges for parking in garages under the jurisdiction of the Parking Authority, and all other similar rates, fees, and charges for services provided by agencies or departments within the Agency.
   8. Have the authority to conduct investigations into any matter within its jurisdiction through the power of inquiry and to take such action as may be necessary to act upon its findings.
   9. Exercise such other powers and duties as shall be prescribed by ordinance of the Board of Supervisors.
   10. Have the power to hold public hearings and take testimony.
   11. Appoint an executive secretary who shall be responsible for administering the affairs of the directors.
   12. Have the authority to retain general or special counsel, provided however, that in any proceeding where a claim against the Agency is greater than $1,000,000, the board must obtain the concurrence of the City Attorney on the terms of any settlement and on the conduct of the proceeding.
3. The directors shall appoint the director of transportation, who shall be the chief executive officer of the Agency, and shall deal with administrative matters solely through the director for transportation or his or her designees. Any dictation, suggestion or interference herein prohibited on part of any director shall constitute official misconduct; provided however, that nothing herein contained shall restrict the directors' powers of hearing and inquiry as provided in Section 8A.102(b).
4. Except to the extent otherwise provided in this Article, the Agency shall be subject to the provisions of this Charter applicable to boards, commissions, and departments of the City and County, including without limitation, Sections 2.114, 3.105, 4.101, 4.103, 4.104, 4.113, 9.118, and 16.100. Sections 4.102, 4.126, and 4.132 shall not be applicable to the Agency. In dealing with the Agency, the Mayor shall be subject to the same limitations as Section 2.114 places upon the Board of Supervisors.
5. To the extent permitted by state law, directors shall serve ex officio as the members of the Parking Authority. The five directors to serve as members of the Parking Authority shall be designated by the Chair annually. Any person may serve concurrently as a member of the Agency and as a member of the Parking Authority. It is the policy of the City and County that the Agency exercise all powers vested by State law in the Parking Authority, and the City and County shall diligently seek such legislation as may be needed to permit the Agency to exercise such powers.

SEC 8A.103. Service Standards and Accountability

1. No later than July 1, 2000, and by July 1 of each year thereafter, the Agency shall adopt goals, objectives, and measurable performance standards for the Municipal Railway and the Department of Parking and Traffic; and plans, programs and policies to achieve those goals, objectives, and performance standards, all of which must effectuate the policies of Sections 16.102 and 8A.100(d) and (e).
2. The standards for the Agency with respect to the services provided by the Municipal Railway shall include the following minimum standards for on-time performance, service delivery, and peak loading:
   1. On-time performance: at least 85% of vehicles must run on-time, where a vehicle is considered on-time if it is no more than one minute early or three minutes late as measured against a published schedule that includes time points;
   2. Service delivery: 98.5% of scheduled service hours must be delivered, and at least 98.5% of scheduled vehicles must begin service at the scheduled time; and
   3. Peak loading: no more than 1.5% of vehicles pass published time points during measurement periods unable to pick up passengers due to crowding without being followed within three minutes or less by another vehicle on the same route with space for all waiting passengers.
3. After review by the Passenger Advisory Council established in this Article, the Agency may establish performance standards stricter than those established by this Article.
4. The standards for the Agency with respect to the services provided by the Municipal Railway shall also include other measurable standards for system reliability, system performance, staffing performance, and customer service, including but not limited to:
   1. Coverage of neighborhoods and equitable distribution of service;
   2. Level of crowding;
   3. Frequency of accidents and breakdowns;
   4. Improvements in travel time;
   5. Vehicle cleanliness including freedom from graffiti;
   6. Quality and responsiveness of customer service;
   7. Safety and security of the working environment for operators and other employees;
   8. Employee satisfaction; and
   9. Frequency and accuracy of communications to the public.
5. The specific measures used to determine the achievement of the performance standards adopted by the Agency for the Municipal Railway with respect to system reliability, system performance, staffing performance, and customer service shall include but not be limited to those contained in Section E.100 of Appendix E of this Charter.
6. The standards for the Agency with respect to the services provided by the Department of Parking and Traffic shall include without limitation, measurable standards for:
   1. Deployment of traffic controllers to expedite movement of public transit vehicles.
   2. Pricing of garages and curbside parking, and adequacy of fines established by the Board of Supervisors for violations of the parking and traffic laws of the City and County to ensure priority for public transportation, delivery vehicles and short-term parking, and to reduce congestion;
   3. Efficiency and effectiveness of revenue collection;
   4. Response time on service calls;
   5. Levels of bicycle use to be achieved through improvements of the intra-City bicycle network and other measures to accommodate and encourage increased bicycle use;
   6. Cleanliness, safety, appearance of, and patron satisfaction with, municipal public parking garages;
   7. Safety and security of the working environment for parking control officers and other employees;
   8. Employee satisfaction;
   9. Training of parking control officers and employees to encourage good relations with the public; and
   10. Increasing public transit patronage and reducing automobile traffic.

SEC. 8A.104. Personnel and Merit System

1. The director of transportation shall appoint all subordinate personnel of the Agency. He or she shall have significant experience in the management of a transportation organization of comparable size, mission and complexity and may be employed pursuant to a personal services contract for a term of one year or longer. His or her compensation shall be comparable to the compensation of the chief executive officers of the public transportation systems in the United States which the directors, after an independent survey, determine most closely resemble the Agency in size, mission and complexity, provided, however, that no less than 10% of his or her compensation shall be pursuant to an incentive compensation plan and payable based on the extent to which the service standards specified in Section 8A.103(b) are met or exceeded.
2. The Agency shall act as the personnel office for its employees, including without limitation employees in the Municipal Railway and in the Department of Parking and Traffic. Except as otherwise provided in this section, and notwithstanding any other section of this Charter, the Agency shall determine appointments on the basis of a civil service system that it establishes and administers and that is based on merit and fitness as shown by appropriate tests. Effective July 1, 2000 and except as provided in subsection (e), all powers and duties vested in the Civil Service Commission and the Department of Human Resources and the Human Resources director under Article X as to selection, appointment and removal of employees in the Agency shall vest with the Agency. The civil service classifications established by the Agency shall to the maximum extent feasible be comparable to classifications established by the Department of Human Resources for similar positions elsewhere within the City and County, and the Agency may fill from applicant lists developed by the Department of Human Resources for such comparable classifications. Persons occupying comparable classifications in the Agency and elsewhere within the City and County as determined by the Department of Human Resources shall have the same rights with respect to transfer, promotion, and layoffs regardless of whether they are employed within the Agency or elsewhere within the City and County.
3. The Agency may exempt from the civil service system established pursuant to subsection (b) such management, supervisory and policy-level employees as it deems appropriate. The persons serving in those positions shall serve at the pleasure of the director of transportation. Nothing herein shall preclude such employees from collectively bargaining for wages, hours, working conditions, and benefits, except for retirement benefits. The Civil Service Commission shall annually review both exempt and non-exempt classifications of the Agency and shall make such recommendations as it deems appropriate to the Agency.
4. Notwithstanding anything in Article XI to the contrary, the wages, hours, working conditions and benefits of the employees of the Agency, including without limitation employees of the Municipal Railway and the Department of Parking and Traffic, shall be fixed by the Agency after meeting and conferring as required by the laws of the State of California, provided, however, the Agency may, in its sole discretion, determine that it is in the best interest of a department within the Agency to employ the members of any bargaining unit representing less than 15% of the workforce of that department pursuant to agreements entered into by the City and County for such bargaining units. The Agency shall establish a professional labor relations unit within the Agency with responsibility for managing relations with its employees. Except as provided in Section 8A.104(a), no contract, collective bargaining agreement, memorandum of understanding, side letter, or other agreement between the Agency and its employees regarding wages, hours, working conditions, and benefits may have a term longer than two years, nor shallmay any such contract, collective bargaining agreement, memorandum of understanding, side letter, or other agreement be entered into with a bargaining unit or employee organization that represents both management and non-management employees. Any such contract, collective bargaining agreement, memoranda of understanding, side letter, or other agreement entered into on or after July 1, 1999 and prior to the effective date of this Article shall terminate no later than June 30, 2002. No such contract, collective bargaining agreement, memoranda of understanding, side letter, or other agreement in effect on July 1, 1999 may be extended beyond June 30, 2002.
5. The provisions of Sections A8.346 and A8.409 through A8.409-5, as amended, shall apply to the fixing of such wages, hours, working conditions and benefits, provided that the Agency shall exercise all powers of the City and County, the Board of Supervisors, the Mayor, the Human Resources Director, and the Civil Service Commission under those sections Sections A8.409 through A8.409-5. Employees of the Agency shall have the same appeal rights to the Civil Service Commission as other City and County employees, provided that all such appeals shall be to the board of the Agency. The Agency must delegate fact-finding in such cases to a neutral party.
6. Except for a bargaining unit the Agency determines shall be employed pursuant to agreements entered into by the City and County for such bargaining units pursuant to subdivision (d), above, any bargaining unit representing employees of the Agency who are subject to the civil service system established pursuant to subsection (b), above, may elect to permanently withdraw from that system and to bargain collectively with respect to all matters pertaining to wages, hours, working conditions, and benefits except for retirement benefits, including those matters governed by such civil service system.
7. All agreements relating to compensation of employees, including agreements reached through collective bargaining, shall provide for compensation incentives that shall reward superior individual and organizational performance in achieving the performance standards required by this Article. In addition, the Authority shall establish Such compensation incentives shall be pursuant to an incentive compensation program established by the Agency that rewards all Municipal Railway employees for meeting the standards of service specified in Section 8A.103(b). That program shall provide incentive pay for all employees assigned to organizational units that meet these standards, and for all Municipal Railway employees if the Municipal Railway as a whole meets these standards. That program shall not result in any reduction in the level of compensation in effect on the effective date of this Article for any employee of the Municipal Railway.
8. The Agency shall not enter into any contract, collective bargaining agreement, memorandum of understanding, side letter, or anyother agreement of any kind which permits unexcused absences by any employee of the Agency, or which limits or restricts the Authority's ability to:
   1. ProvideImplement a proof of payment fare collection system;
   2. Determine the number of work assignments with Saturday and Sunday as regular days off Implement work assignments that provide desirable levels of service on weekends or holidays; or
   3. Change the order in which vehicles are dispatched from terminals to light rail lines.

SEC 8A.105. The Municipal Transportation Fund

1. There is hereby established a fund to provide a predictable, stable, and adequate level of funding for the Agency, which shall be called the Municipal Transportation Fund. The fund shall be maintained separate and apart from all other City and County funds. Monies therein shall be appropriated, expended or used by the Agency solely and exclusively for the operation, including without limitation, capital improvements, management, supervision, maintenance, extension, and day-to-day operation of the Agency, the Municipal Railway, the Department of Parking and Traffic, and the Parking Authority in accordance with this Article.
2. Beginning with the fiscal year 2000-2001 and in each fiscal year thereafter, there is hereby set aside to the Municipal Transportation Fund the following:
   1. An amount (the "Base Amount") which shall be no less than the amount of all appropriations from the General Fund, including all supplemental appropriations, for (1) the Municipal Railway, the Department of Parking and Traffic, and the Parking Authority; and (2) the Civil Service Commission, the Human Resources Department, the Purchasing Department, the City Attorney, and all other City and County departments and agencies to provide services to the Municipal Railway, Department of Parking and Traffic, and the Parking Authority for the fiscal year 1998-1999 or the fiscal year 1999-2000, whichever is higher (the "Base Year"), adjusted as provided in subsection (c), below;
   2. The entire gross revenues of the Municipal Railway, the Department of Parking and Traffic, and the Parking Authority from all sources, including without limitation revenues required to be devoted to public transit pursuant to Section 16.110;
   3. All other funds received by the City and County from any source, including without limitation, state and federal sources, for the support of the Municipal Railway, the Department of Parking and Traffic, and the Parking Authority; and
3. The Base Amount shall initially be determined by the Controller. The Base Amount shall be adjusted for each year after fiscal year 2000-2001 by the Controller, based on calculations consistent from year to year, by the percentage increase or decrease in aggregate City and County appropriations and by any increases in General Fund appropriations to the Agency in subsequent years to provide services not provided in the Base Year. Errors in the Controller's estimate of appropriations for a fiscal year shall be corrected by adjustment in the next year's estimate. In determining aggregate City and County appropriations, the Controller shall not include funds granted to the City and County by private agencies or appropriated by other public agencies and received by the City and County.
4. The Treasurer shall set aside and maintain the amounts required to be set aside by this Section 8A.105, together with any interest earned thereon, in the Municipal Transportation Fund, and any amounts unspent or uncommitted at the end of any fiscal year shall be carried forward, together with interest thereon, to the next fiscal year for the purposes specified in this Article.

SEC 8A.106. Budget

1. No later than May 1 of each year and in conformity with the regular budget cycle of the City and County, the Agency, after public hearing and after receiving the recommendations of the Passenger Advisory Council established pursuant to Section 8A.111, shall submit its proposed budget for expenditures from the Municipal Transportation Fund for the next fiscal year to the Mayor and Board of Supervisors for review and consideration. The Agency shall include in its proposed budget all proposed fare increases and increases, reductions, or abandonments of service. The Agency shall also estimate all increased costs associated with collective bargaining with all bargaining units for the fiscal year for which the proposed budget is submitted, and shall include in the proposed budget the estimated increased costs resulting from such collective bargaining.
2. At the time the budget is adopted, the Agency shall certify that the budget is adequate in all respects to meet the goals, objectives, and performance standards established pursuant to Section 8A.103 for the fiscal year covered by the budget.
3. No later than the end of the fiscal year in which the Agency's proposed budget is submitted, the Board of Supervisors shall, after public hearing, vote to accept or reject the proposed budget. The Board of Supervisors by a majority vote of its members may reject, but not modify, the proposed budget. Failure to vote on the proposed budget or failure to reject the proposed budget by a majority vote shall be deemed approval of the proposed budget. With the consent of the Agency, the Board of Supervisors may postpone a vote on the Agency's budget one time only for a period no longer than 60 days, provided that (1) a postponement is necessary in order to review the Agency's budget adequately or because labor agreements have not been reached by July 1; and (2) the Board of Supervisors makes an interim appropriation to the Agency from the Municipal Transportation Fund sufficient to permit the Agency to maintain all operations during that 60-day period.
4. The Agency is authorized to modify its approved budget within reasonable limits which shall be established by the Controller and which shall be comparable to those established by the Controller for other City and County boards, commissions, and departments. Any other modification of the Agency's budget must be approved after public hearing by the Board of Supervisors.

SEC 8A.107. The Municipal Transportation Quality Review

1. The Agency shall annually contract with a nationally recognized management or transportation consulting firm with offices in the City and County for an independent review of its operations. The contract shall be competitively bid and approved by the Controller and Board of Supervisors.
2. The review shall be submitted no later than October 1 of each year and shall contain:
   1. A detailed analysis of the extent to which the Agency during the preceding fiscal year met the goals, objectives, and performance standards it is required to adopt under Section 8A.103, and the extent to which the Agency is expected to meet those goals, objectives and performance standards in the fiscal year in which the review is submitted; and
   2. Such recommendations for improvement in the operation of the Municipal Railway and the Department of Parking and Traffic as the firm conducting the audit deems appropriate.
3. The results of the review shall be promptly presented to the Passenger Advisory Council, the Agency, the Board of Supervisors, and the Mayor by the reviewing firm; and the Passenger Advisory Council, the Agency and the Board of Supervisors shall each promptly hold at least one public hearing thereon.

SEC 8A.108. Fares and Route Abandonments

1. The Agency shall base any proposed change in Municipal Railway fares on the following criteria:
   1. The Municipal Railway's need for additional funds for operations and capital improvements.
   2. The extent to which the Municipal Railway has met or exceeded the goals, objectives, and performance standards previously established by the Agency pursuant to Section 8A.103.
   3. The extent to which the Agency has diligently sought other sources of funding for the operations and capital improvements of the Municipal Railway.
   4. The need to keep Municipal Railway fares low to encourage maximum patronage.
   5. The need to increase fares gradually over time to keep pace with inflation and avoid large fare increases after extended periods without a fare increase.
2. Notwithstanding any other provision of this Charter to the contrary, and in addition to any public hearing that may be required under Section 8A.106, the following may be rejected by the Board of Supervisors, after public hearing, by two-thirds vote of its members taken within 30 days after final adoption by the Agency:
   1. Any fare increase; or
   2. Any abandonment of a transit route as such term has been interpreted in former Section 2.111.

SEC 8A.109. Additional Sources of Revenue

The Mayor, the Board of Supervisors and the Agency shall diligently seek to develop new sources of funding for the Agency's operations, including without limitation sources of funding dedicated to the support of such operations, which can be used to supplement or replace that portion of the Municipal Transportation Fund consisting of appropriations from the General Fund of the City and County. The Agency may submit any proposal for increased or reallocated funding to support all or a portion of the operations of the Agency, including without limitation, any proposal for enactment of a general tax increase with an advisory policy vote, directly to the electorate for approval without the further approval of the Mayor or the Board of Supervisors.

SEC 8A.110. Planning and Zoning

Notwithstanding anything herein to the contrary, the planning and zoning provisions of this Charter and the Planning Code as itthey may be amended from time to time shall apply to all real property owned or leased by the Agency.

SEC 8A.111. Passenger Advisory Council

The Agency shall establish a Passenger Advisory Council of fifteen members which shall consist of one regular rider of the Municipal Railway and such other members of the public as the Agency may deem appropriate resident from each supervisorial district appointed by the supervisor representing that district, two members appointed by the Mayor, and two members appointed by the board of the Authority. All members of the Council must be regular riders of the Municipal Railway. One of the members appointed by the Mayor and one of the members appointed by the board must be a person with special public transportation needs resulting from impaired eyesight or hearing or required use of a wheelchair. The Council may provide recommendations to the Agency with respect to any matter within the jurisdiction the Agency and shall provide the Agency with those recommendations no later than April 1 of each year. The Agency shall appoint the members of the Council and the members shall serve at the pleasure of the Agency The members of the Council shall serve at the pleasure of their appointing power.

SEC 8A.112. Protection of Existing Employment Benefits

The creation of the Agency shall not adversely affect the status, position, compensation or pension or retirement rights and privileges of any employee of the City and County except as expressly provided in this Article.

Section 3. Repeal

Effective July 1, 2000, Sections 2.111, 4.117 (Public Transportation Commission), A8.404, and A8.450 are repealed.

Section 4. Amendment

Effective July 1, 2000, Section A8.346 is amended to read as follows:

A8.346 Disciplinary Action Against Striking Employees Other Than Members of Police and Fire Department

The people of the city and county of San Francisco hereby find that the instigation of or participation in, strikes against said city and county by any officer or employee of said city and county constitutes a serious threat to the lives, property, and welfare of the citizens of said city and county and hereby declare as follows:

1. As used in this section the word "strike" shall mean the willful failure to report for duty, the willful absence from one's position, any concerted stoppage or slowdown of work, any concerted interruption of operations or services by employees, or the willful abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment, for the purpose of inducing, influencing, or coercing a change in the conditions of employment; provided, however, that nothing contained in this section shall be construed to limit, impair, or affect the right of any municipal employee to express or communicate a view, grievance, complaint, or opinion on any matter related to the conditions or compensation of municipal employment or their betterment, so long as the same is not designed to and does not interfere with the full, faithful, and proper performance of the duties of employment.
2. No person holding a position by appointment or employment under the civil service provisions of this charter, exclusive of uniformed members of the police and fire departments as provided under Section 8.345 of this charter, which persons are hereinafter referred to as municipal employees, shall strike, nor shall any municipal employee cause, instigate, or afford leadership to a strike against the city and county of San Francisco. For the purposes of this section, any municipal employee who willfully fails to report for duty, is willfully absent from his or her position, willfully engages in a work stoppage or slowdown, willfully interrupts city operations or services, or in any way willfully abstains in whole or in part from the full, faithful, and proper performance of the duties of his or her employment because such municipal employee is "honoring" a strike by other municipal employees, shall be deemed to be on strike.
3. No person exercising any authority, supervision, or direction over any municipal employee shall have the power to authorize, approve, or consent to a strike by any one or more municipal employees, and such person shall not authorize, approve, or consent to such strike. No officer, board, commission or committee of the city and county of San Francisco shall have the power to grant amnesty to any person who has violated any of the provisions of this section, and such officer or bodies shall not grant amnesty to any person who has violated any of the provisions of this section.
4. Notwithstanding any other provision of law, a person violating any of the provisions of this section may subsequent to such violation be appointed or reappointed, employed or re-employed as a municipal employee of the city and county of San Francisco, but only on the following conditions:
   1. such person shall be appointed or reappointed, employed or re-employed as a new appointee or employee, who is appointed or employed in accordance with all charter provisions, ordinances, rules or regulations of said city and county in effect for new employees at the time of appointment, reappointment, employment or re-employment;
   2. the compensation of such person shall not be increased by virtue of any previous employment with said city and county.
5. In the event of a strike, or if the mayor with the concurrence of a majority of the board of supervisors determines that a strike is imminent, a special committee shall convene forthwith, which special committee shall consist of the presidents of the airports commission, civil service commission, fire commission, police commission, public transportation commission and public utilities commission , and the chair of the Municipal Transportation Agency. The president of the civil service commission shall serve as chairman of the special committee. Notwithstanding any other provision of law, it shall be the duty of the special committee to dismiss in accordance with the provisions of this section any municipal employee found to be in violation of any provisions of this section. Any person may file with the special committee written charges against a municipal employee or employees in violation of any of the provisions of this section and the special committee shall receive and investigate, without undue delay, and where necessary take appropriate actions regarding any such written charge(s), and forthwith inform that person of its findings and action, or proposed action thereon.

   In the event of a strike or determination of imminent strike as specified above, each appointing officer shall deliver each day no later than 12:00 o'clock noon to the chairman of the special committee a record of the absence of each employee under his or her authority for the prior day and a written report describing incidents of and the participant(s) in violations of this section wherever the identity of the participant(s) is known to him or her and the participant(s) is (are) under his or her authority.

   In addition each appointing officer shall provide to the special committee, whenever it has been convened under authority of law, any other information determined by the special committee to be necessary for the discharge of its duties. The failure of an appointing officer to discharge any of the duties imposed upon him or her by this section shall be official misconduct.

6. An employee charged by the special committee with a violation of this section shall be notified of the time and place of the hearing on the charges and of the nature of the charges against him or her. Said employee shall be given such other information as is required by due process. Said employee shall respond to said charges by a sworn affidavit, signed by him or her, and by such other information and documentation and in such a manner as is prescribed by the special committee. An employee failing to provide the responses required by this section or in any way failing to comply with the procedural time limitations and information requirements imposed by the special committee shall be immediately suspended and shall not be entitled to a hearing until he or she has fully complied with the aforementioned requirements.

   If the special committee, after a hearing, determines that the charges against the employee are supported by the preponderance of the evidence submitted, said special committee shall dismiss the employee involved and said employee shall not be reinstated or returned to city and county service except as specified in Subsection (d). A dismissal or suspension invoked pursuant to the provisions of this section shall not be appealable to the civil service commission.

7. The special committee shall discharge its duties in a timely manner while preserving the due process rights of employees with the objective of obtaining immediate sanctions against striking employees. The willful failure of any member of this special committee faithfully and fully to discharge his or her duties in a timely manner and to accord absolute priority to the performance of those duties shall be deemed official misconduct.

   In the event the special committee determines that it shall be unable to comply with constitutional due process requirements that a timely hearing be provided or that it shall be unable to comply with its obligations fully and in a timely manner to investigate and hear all violations of this section, then the special committee may, subject to the budget and fiscal provisions of the charter, engage the administrative and clerical personnel, investigators, and one or more hearing officers to conduct hearings hereunder. In conducting hearings, the hearing officers shall have the same powers of inquiry and disposition as the special committee.

8. In order to provide for the effective operation of this section in the event of a strike or determination of imminent strike, the president of the civil service commission, not later than 30 days after this section becomes effective, shall convene the special committee which shall adopt rules, regulations, and procedures for the investigation, hearing and disposition of all violations of this section.
9. In order to bring the provisions of this section to the attention of any person who may be affected thereby, each municipal employee on the effective date of this section, exclusive of members of the uniformed forces of the police and fire departments as provided in Section 8.345 hereof, and each person appointed or employed as a municipal employee pursuant to the civil service provisions of this charter, exclusive of persons appointed to the entrance positions in the uniformed forces of the police and fire departments as provided in Section 8.345 hereof, on or after the effective date of this section shall be furnished a copy of this section and shall acknowledge such receipt in writing. The signed, written receipt shall be filed in the office of the civil service commission and maintained therein for the term of his or her employment with the City and County of San Francisco.
10. The provisions of Sections 3.100 and 3.100-1, relating to the emergency powers of the mayor, shall not be applicable to the provisions of this section.
11. If any clause, sentence, paragraph, subsection, or part of this section shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subsection, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Section 5. Amendment

Effective July 1, 2000, Section A8.409-1 is amended to read as follows:

A8.409-1 Employees Covered

These Sections 8.409 through 8.409-6, inclusive, shall apply to all miscellaneous officers and employees and including employees of San Francisco Unified School District and San Francisco Community College District to the extent authorized by state law. The provisions of charter sections 8.400(h), 8.401, 8.401-1, and 8.407 are hereby repealed and shall be of no further force and effect.

Employee organizations representing employees in classifications covered by section 8.403 and 8.404 of this Charter may elect to include those classifications within the coverage of this part as a separate bargaining unit, provided however, that the election shall not become effective without the written approval of the Mayor and Board of Supervisors. The election shall be irrevocable and such employees shall not thereafter be subject to the provisions of section 8.403 and 8.404 .

Employees in classifications not represented by a recognized employee organization shall be entitled to represent themselves with the city and county over wages, hours and other terms and conditions of employment to the extent required by state law and shall not be subject to the arbitration provisions of Section 8.409-4 of this charter. The Mayor annually shall propose all forms of compensation for unrepresented employees including salaries, hours, benefits, and other terms and conditions of employment subject to approval or disapproval of the board of supervisors. Consistent with other provisions of this charter, the civil service commission may adopt rules and procedures relating to said unrepresented employees.

Except as otherwise provided by this charter, the Civil Service Commission shall set the wages and benefits of all elected officials of the City and County of San Francisco as follows: wages shall be frozen for fiscal year 1994-95 and 1995-96 at the rates in effect on June 30, 1994. Thereafter, wages and benefits may be adjusted on July 1 of each fiscal year to reflect upward change in the CPI as of the preceding January 1; however, wage increases may not exceed 5 percent. Benefits of elected officials may equal but may not exceed those benefits provided to any classification of miscellaneous officers and employees as of July 1 of each fiscal year.

In addition, subject to the approval or disapproval of the Board of Supervisors, the Mayor may create, for employees designated as management, a management compensation package that recognizes and provides incentives for outstanding managerial performance contributing to increased productivity and efficiency in the work force. In formulating such a package, the Mayor shall take into account data developed in conjunction with the civil service commission regarding the terms of executive compensation in other public and private jurisdictions.

Effective July 1, 2000, Section A8.409-4(j) is amended to read as follows:

(j)Subject to the election provisions of Section 8.409-1, Charter section 8.403 and 8.404 shall remain in full force and effect; provided, however, that the wages and other economic benefits and compensation of all classifications of employees covered by section 8.403 and section 8.404 shall be frozen for fiscal year 1995-96 at the rates in effect on June 30, 1995.

Section 6. Amendment

Section 16.102 is amended to read as follows:

SEC. 16.102. Transit-First Policy

The following principles shall constitute the City and County's transit-first policy. All officers, commissions and departments shall consider City's transit-first policy and shall be incorporated into the General Plan of the City. All officers, boards, commissions, and departments shall implement these principles in conducting the City and County's City's affairs:

1. Transit first is, has been and shall continue to be the policy of the City and County of San Francisco;
2. The efficient movement of people and goods is essential for the economic health and quality of life in San Francisco To ensure quality of life and economic health in San Francisco, the primary objective of the transportation system must be the efficient movement of people and goods; rather than the movement of automobiles.
3. Public transportation transit, including taxis and vanpools, is an economically and environmentally sound alternative to transportation by individual automobiles. Within San Francisco, travel by public transit must be an attractive alternative to travel by private automobile.

1. The effective implementation of the City's transit-first policy requires the cooperation of all City agencies, departments and commissions. Decisions regarding the use of limited public street and sidewalk space shall encourage the use of public rights of way by pedestrians, bicyclists, and public transit, including taxis, and shall strive to reduce the use of public streets by private automobiles.
2. Transit priority improvements, such as signal changes, signal pre-emption, designated transit lanes and streets, and similar measures, shall be made to expedite the movement of public transit vehicles (including taxis and vanpools).
3. Pedestrian areas shall be enhanced wherever possible to improve the safety and comfort of pedestrians and to encourage travel by foot. Convenient pedestrian access is essential to a successful public transit system.
4. Safe and convenient bicycle access is also an important component of San Francisco's transportation system. Bicycling should be promoted by encouraging safe streets for riding, convenient access to transit, and secure bicycle parking.
5. Parking policies for areas well served by public transit shall be designed to (a) discourage commuting by automobile, (b) encourage public transit, and (c) otherwise discourage private automobile use.
6. Municipal transportation facilities, including signs, traffic lights, and street markings, shall be designed and built to the highest esthetic standards and shall promote quick and convenient connections to regional transit systems.
7. Public and private developments that generate significant trip demands should be located in areas of the City that are well-served by existing and potential future public transportation facilities. Where that is not possible, new transportation investment shall be allocated to encourage the proper location of such developments and to ensure that the demands they generate are met by an increasingly rich public transportation network.
8. The ability of the City to reduce the number of single-occupancy automobiles commuting to and through the City depends on the adequacy of the regional transit system and on decisions made by potential drivers based on economy and convenience. Innovative strategies, such as congestion pricing with revenues directed toward public transporation in the same corridor, shall be actively pursued in conjunction with neighboring Bay Area counties to achieve a reduction in City automobile traffic.
9. The City shall neither enact any law nor enter into any contract, collective bargaining agreement, memorandum of understanding or any agreement of any kind which limits or precludes other public transportation systems from providing service within the City of San Francisco.
10. The City shall encourage innovative solutions to meet public transportation needs wherever possible and where the provision of such service will not adversely affect the service provided by the Municipal Railway.

Section 7. Amendment

Appendix E is added to the Charter to read as follows:

Appendix E. Municipal Transportation Agency

SEC. E.100. Performance Measures

The following performance measures shall be publicly reported each month for each mode (motor coach, trolley coach, light rail vehicle, cable car, and any mode which may be added in the future):

1. System Reliability
   1. Percentage of vehicles that run on time according to published schedules (no more than 3 minutes late or 1 minute early) measured at terminals and established intermediate points.
   2. Percentage of scheduled service hours that are delivered and percentage of scheduled vehicles that begin service at the scheduled time.
   3. Missed service due to either insufficient vehicles or driver unavailability as a percentage of scheduled service hours.
   4. Percentage of vehicles that pass published time points during measurement periods unable to pick up passengers due to crowding without being followed within three minutes or less by another vehicle on the same route with space for all waiting passengers.
   5. Peak period passenger load factors.
   6. Actual headways against scheduled headways on all radial express, cross-town, secondary and feeder lines for peak, base, evening and late-night services.
   7. Percent vehicle availability and reliability (mean distance between failure) by mode.
   8. Unscheduled absences by operator, mechanical, and administrative personnel.
   9. Miles between road calls by mode.
2. System Performance
   1. Operating performance.
   2. Passengers carried by mode.
   3. Fare revenues generated by mode.
   4. Hours and miles operated by mode.
   5. Expenses incurred by mode.
3. Staffing Performance
   1. Net vacancies by position (vacancies remaining once promotions and new hires have been deducted from retirees or resignations) for each division.
   2. Attrition rates for new employees, by division and level.
4. Customer Service
   1. Development of an annual marketing plan identifying specific programs and projects that will promote increased patronage.
   2. Publication and distribution to the public of schedules for all trips taken by all vehicles which shall consist of specific arrival times at terminals and established intermediate points.
   3. Operator conduct complaints and their resolution, by complaint, consistent with due process and required confidentiality.
   4. Annual passenger surveys and follow-up by management.
   5. Improvements in public information regarding vehicle delays during operations as well as general user information regarding system modifications, route changes and schedules.
   6. Efforts to improve driver training, technical as well as accident follow-up.
   7. Number of crime incidents on Municipal Railway vehicles or in Municipal Railway facilities.
5. Employee Satisfaction
   1. Number of grievances.
   2. Speed of resolution of grievances.
6. Verification
   1. Separate on-time performance, service delivery and peak loading checks shall be performed at various times during morning rush (6 a.m. to 9 a.m.), midday (9 a.m. to 4 p.m.), evening rush (4 p.m. to 7 p.m.), and night (7 p.m. to 1 a.m.).
   2. Supervisory personnel shall conduct a one-hour on-time and load standard check at a maximum load time point at mid-route during all four time periods stated above. Such checks shall be conducted no less often than 10 weekdays per month on 5 different routes per month in each division, beginning with the most patronized route, progressing in the order of declining route patronage, and ending with the least patronized route. The cycle shall then be repeated. To the extent automated systems can be substituted at less cost for such checks, or the measurement of any performance standard, such systems must be used.
   3. Members of the Passenger Advisory Council or members of the public nominated by members of the Passenger Advisory Council shall be trained to conduct such checks to independently verify such checks.

Section 8. Severability

If any provision of Article VIIIA, Appendix E, or the initiative measure enacting both, or their application to any person or circumstance, is held invalid or unenforceable, the remainder of Article VIIIA, Appendix E, or the initiative measure enacting both, or their application, shall not be affected. Every provision of Article VIIIA, Appendix E, or the initiative measure enacting both is intended to be severable.

Section 9. Bonded Indebtedness

Nothing in this measure is intended to, and nothing in this measure shall be construed to, adversely affect any existing bonded indebtedness of the City.