return to MTA 2001 agendas and minutes
TUESDAY, JUNE 5, 2001
ROOM 400, CITY HALL
400 VAN NESS AVENUE
1 DR. CARLTON B. GOODLETT PLACE
5:00 P.M. REGULAR MEETING
5:00 - REGULAR MEETING
1. Call to Order
Chairman Flynn called the meeting to order at 5:05 p.m.
2. Roll Call
Present: Shirley Breyer Black
Jim Bourgart
Mike Casey
Jose Cisneros
H. Welton Flynn
Enid Lim
Cleopatra Vaughns
3. Approval of Minutes
On motion to approve the minutes of the May 15, 2001 Regular Meeting: unanimously approved.
4. Communications
(4.1) 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.
The board secretary announced that staff had requested that Item 14, Contract Award for MR-1135, Presidio & Potrero Trolley Coach Facility Modification Project be removed from the calendar.
5. Introduction of New or Old Business by Board Members
Director Lim asked for an explanation of the ATCS system.
6. Director's Report (For discussion only)
- Special Recognition Award
- Chamber of Commerce Annual Ridership Survey
- Status of the Automatic Vehicle Location System contract
- 19-Polk Street stop
- Ongoing Muni Activities
Mr. Turner thanked management, his union and his coworkers and particularly those on the street and in the shop. Chairman Flynn thanked Mr. Turner on behalf of the board.
Roberta Achtenberg of the S.F. Chamber of Commerce and Paul Looman of GLS Research discussed the Chamber of Commerce survey results showing that a majority of riders are satisfied with Muni's service. She acknowledged all employees for the work done to affect this dramatic turnaround.
Director Casey suggested that people from the immigrant community be included in next year's survey as they are heavily dependent on Muni. Director Black suggested using other languages for future surveys. The general manager noted that Muni is doing employee and rider surveys and he will look into that possibility.
Director Lim noted that over the weekend there were dissatisfied customers on Van Ness due to the lack of signage for reroutes caused by the Black and White Ball and the Union Street Fair. She suggested that Muni put up a notice several days ahead and ask the hosts of these kinds of events to put up and monitor the signs. General Manager Burns will follow up with Operations to see what can be done.
7. Citizen's Advisory Council Report
No report was made.
8. Public Comment
No public comment.
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.
9. 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.
(9.1) Requesting the Controller to allot funds and to draw warrants against such funds as are or will be available in payment of the following claims against MUNI:
- Rosa Galvan vs. CCSF, Superior Ct. #304-676 in the amount of $2,000
- Blanca Marin vs. CCSF, Superior Ct. #182856 in the amount of $5,300
- Feng Han Xu vs. CCSF, Unlitigated Claim #0101250 in the amount of $7,084.91
- Allen Xavier vs. CCSF, Unlitigated Claim #99B212011 in the amount of $7,800
- Leila Rivas vs. CCSF, Unlitigated Claim #99T1424 in the amount of $9,500
- Coit Services vs. CCSF, Unlitigated Claim #00B942 in the amount of $9,810.99
- Helen Howard vs. CCSF, Unlitigated Claim #0101657 in the amount of $10,000
- Gerald Swartz vs. CCSF, Superior Ct. #311425 in the amount of $11,500
- Martha Herrera vs. CCSF, Superior Ct. #300122 in the amount of $13,000
- Eileen McGuigan vs. CCSF, Superior Ct. #309501 in the amount of $13,500
- Pete Bakutes vs. CCSF, Superior Ct. #306881 in the amount of $20,000
(9.2) Authorizing the creation and issuance of a multi-county transit pass for use by people registered for the Rail~Volution Conference in San Francisco from September 12-16, 2001 at no cost to the recipients of the pass. (Explanatory documents include a staff report, and resolution.)
RESOLUTION 01-061
On motion to approve the consent calendar:
ADOPTED: AYES - Black, Bourgart, Casey, Cisneros, Flynn, Lim and Vaughns
10. Authorizing the Director to enter into negotiations with CIBC World Markets for the purpose of developing the legal documents required in connection with the Breda Car Leveraged Lease financing. (Explanatory documents include a staff report and resolution.)
General Manager Burns noted that a bill was moving through the State Assembly that would exempt this type of transaction from the sales tax but recently it had been amended to require a study prior to implementation. Staff is trying to change the language and will report back at the next meeting. He noted that Muni's financial exposure would be when the transaction was completed and that Muni is not incurring any further liability than what currently exists.
Staff presented a new resolution requesting the addition of a clause to clarify that the proposed transaction would be contingent upon satisfactory resolution of all sales tax matters.
The board voted unanimously to amend the resolution as requested.
RESOLUTION 01-062
On motion to approve as amended:
ADOPTED: AYES - Black, Bourgart, Casey, Cisneros, Flynn, Lim and Vaughns
11. Authorizing the award of Contract No. MR- 1148, Third Street Light Rail Transit - Ductbanks at Mission Creek and Islais Creek, to ProVen Management, Inc., as the lowest responsive, responsible bidder in the amount of $5,397,500. (Explanatory documents include a staff report, resolution, and financial plan.)
No public comment.
RESOLUTION 01-063
On motion to approve:
ADOPTED: AYES - Black, Bourgart, Casey, Cisneros, Flynn, Lim and Vaughns
12. Authorizing the Director to execute Amendment No. 5 to Contract CS-123, Professional Design and Support Services for Muni Metro Third Street Light Rail Project, with WPK Third Street Consultants, for an amount not to exceed $248,870 for additional professional engineering and technical construction support services, for a total contract amount not to exceed $7,564,047, with no extension of time. (Explanatory documents include a staff report, resolution, agreement and financial plan.)
No public comment.
RESOLUTION 01-064
On motion to approve:
ADOPTED: AYES - Black, Bourgart, Casey, Cisneros, Flynn, Lim and Vaughns
13. Authorizing the award of Contract No. MR-1124, Muni Metro Electrical Improvements Project, to Kingston Constructors, as the lowest responsive, responsible bidder for an amount not to exceed $2,593,000. (Explanatory documents include a staff report, resolution, and financial plan.)
No public comment.
RESOLUTION 01-065
On motion to approve:
ADOPTED: AYES - Black, Bourgart, Casey, Cisneros, Flynn, Lim and Vaughns
14. Approving the award of Contract No. MR-1135, Presidio & Potrero Trolley Coach Facility Modifications Project, to Jersey Constructors Inc., the lowest responsive and responsible bidder in the amount of $2,347,611. (Explanatory documents include a staff report, resolution, and financial plan.)
This item was removed from the calendar at the request of staff.
RECESS REGULAR MEETING AND CONVENE CLOSED SESSION
1. Call to Order
Chairman Flynn called the closed session to order at 6:09 p.m.
2. Roll Call
Present: Shirley Breyer Black
Jim Bourgart
Mike Casey
Jose Cisneros
H. Welton Flynn
Enid Lim
Cleopatra Vaughns
Absent: Mike Casey
Also present: Michael T. Burns, Director of Transportation
Roberta Boomer, Board Secretary
Robert Bryan, Deputy City Attorney
Vince Harris, Deputy Director - Construction
Lyndon Chee, Deputy City Attorney
Andre Boursse, Contract Compliance Officer
3. Public Comment
None.
4. 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.
5. Pursuant to Government Code Sections 54956.9, and Administrative Code Section
67.8 (3) the Municipal Transportation Agency Board will meet in closed session
to discuss attorney-client matters in the following case:
CONFERENCE WITH LEGAL COUNSEL
Existing Litigation:
Dante Galura ex rel. United States, et al. v. San Luis Gonzaga Construction et
al, U.S. District
Court No. C-96-2350, filed on June 27, 1996
RESOLUTION 01-066
On motion to approve as amended:
ADOPTED: AYES - Black, Bourgart, Cisneros, Flynn, Lim and Vaughns
ABSENT - Casey
ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was
adjourned at 6:52 p.m.
15. Announcement of Closed Session.
Chairman Flynn announced the board met in closed session to discuss Dante Galura
vs. San Luis Gonzaga with the city attorney. The board voted unanimously to settle
the case and would support and recommend to the Board of Supervisors any increase
in payment that the board approves to cover lost wages and legal fees for workers
defrauded by San Luis Gonzaga up to the total amount that the city has withheld
from contract payment.
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 6:53 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
©2002 San Francisco Municipal Railway. All Rights Reserved.
Page last updated March 19, 2003.
Information last updated June 20, 2001