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MTA BOARD MEETING

TUESDAY, SEPTEMBER 4, 2001
ROOM 400, CITY HALL
400 VAN NESS AVENUE
1 DR. CARLTON B. GOODLETT PLACE


September 4, 2001 Minutes

5:00 - REGULAR MEETING

ORDER OF BUSINESS

1. Call to Order

Chairman Flynn called the meeting to order at 5:06 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 August 21, 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.

5. Introduction of New or Old Business by Board Members

Director Bourgart asked about a letter the board received from the New Mission Terrace Improvement Association regarding traffic controls on San Jose Avenue. He requested a response about where things stand by the next meeting.

6. Director's Report (For discussion only)

-Special Recognition Award
-Quarterly Report on Key Capital Projects
-Report on TIDF study
-Ongoing Muni Activities

The General Manager presented the Special Recognition Award to Charles Vercelli who was instrumental in setting up the Prop. E data collection program. Mr. Vercelli is an unsung hero in the organization. Mr. Vercelli is honored to get the award and acknowledged the many people who worked with him to accomplish the task. Chairman Flynn thanked Mr. Vercelli on behalf of the board.

Bonnie Nelson, Nelson/Nygaard reviewed the Transit Impact Development Fee Study with the board. General Manager Burns said a good next step will be to conduct a formal nexus study. He will take this study to the CAC.

7. Citizen's Advisory Council Report

No report was made.

8. Public Comment

None.

THE FOLLOWING MATTERS BEFORE THE MUNICIPAL TRANSPORTATION AGENCY BOARD ARE RECOMMENDED FOR ACTION AS STATED BY THE DIRECTOR OF TRANSPORTATION, AND CITY ATTORNEY WHERE APPLICABLE. EXPLANATORY DOCUMENTS FOR ALL CONSENT AND REGULAR CALENDAR ITEMS ARE AVAILABLE FOR REVIEW AT 401 VAN NESS AVE. #334.

CONSENT CALENDAR

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:

Nationwide Mutual Insurance Co. vs. CCSF, Superior Ct. #186789 in the amount of $1,400
Ann Collentine vs. CCSF, Superior Ct. #307060 in the amount of $5,000
Manuel Campos vs. CCSF, Unlitigated Claim #00B05501 in the amount of $5,750
Nadine Gray vs. CCSF, Unlitigated Claim 99T02828 in the amount of $8,000
Rodolfo Barnadas vs. CCSF, Superior Ct. #310375 in the amount of $10,500
Dorothy Calabrese vs. CCSF, Superior Ct. #313208 in the amount of $14,750

RESOLUTION 01-095

(9.2) Accepts Contract No. MR-1176, Woods Tank Removal and Soil Remediation; approving the final Contract Modification No. 10 to reduce the contract amount by $216.86 for a total amount of $3,408,527.44 and extend the contract duration by 213 days to 653 days thereby changing the contract completion date from November 30, 1999 to June 30, 2000; and approving the closeout of the contract and release of retention to AFA Construction. (Explanatory documents include a staff report, resolution and financial plan.)

RESOLUTION 01-096

(9.3) Authorizing the Director to issue a Request for Proposals for an integrated Scheduling Software and Operator Dispatch system, Contract MR-1185, to evaluate and interview proposers, select the highest ranking proposer, and negotiate a contract for developing, acquiring, installing and implementing this system. (Explanatory documents include a staff report, resolution and financial plan.)

Item 9.3 was severed at the request of Director Lim who expressed concerns about introducing new software. She asked if we had looked at other transit systems that have instituted the same software to make sure there aren't any glitches. General Manager Burns noted that there are only two or three systems available that had been built around FTA reporting requirements. He said Muni would rely heavily on demonstrated performance on other systems.

No public comment.

RESOLUTION 01-097

On motion to approve:

ADOPTED: AYES - Black, Bourgart, Casey, Cisneros, Flynn, Lim and Vaughns

On motion to approve the Consent Calendar (Item 9.3 severed):

No public comment.

ADOPTED: AYES - Black, Bourgart, Casey, Cisneros, Flynn, Lim and Vaughns

REGULAR CALENDAR

10. Approving Contract Modification No. 3 to No. MR-1115, No. 1 California/No. 4 Sutter Trolley Overhead Reconstruction, with Abbett Electric Corporation, increasing the total contract amount by $74,745, for a total contract amount of $6,178,196, and extending the time of completion by 103 calendar days, from September 10, 2001 to December 22, 2001. (Explanatory documents include a staff report, contract modification, and resolution.)

No public comment.

RESOLUTION 01-098

On motion to approve:

ADOPTED: AYES - Black, Bourgart, Casey, Cisneros, Flynn, Lim and Vaughns

RECESS REGULAR MEETING AND CONVENE CLOSED SESSION

CLOSED SESSION

1. Call to Order

Chairman Flynn called the closed session to order at 5:52 p.m.

2. Roll Call

Present: Shirley Breyer Black
Jim Bourgart
Mike Casey
Jose Cisneros
H. Welton Flynn
Enid Lim
Cleopatra Vaughns

Also present: Michael T. Burns, Director of Transportation
Roberta Boomer, Board Secretary
Robert Bryan, Deputy City Attorney
Joanne Hoeper, Deputy City Attorney
Ellen Shapiro, Deputy City Attorney

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 Section 54956.9 and the Administrative Code Section 67.8 (3), the Municipal Transportation Agency Board will meet in Closed Session to discuss and take action on attorney-client matters in the following case:

CONFERENCE WITH LEGAL COUNSEL

Existing Litigation:

Andrew Gescheidt and Karen Balacek, Superior Ct. #303554, filed on 5/17/99

RESOLUTION 01-099

On motion to approve:

ADOPTED: AYES - Black, Bourgart, Casey, Cisneros, Flynn, Lim and Vaughns

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 6:02 p.m.

11. Announcement of Closed Session.

Chairman Flynn announced the board met in closed session to discuss Andrew Gescheidt and Karen Balacek vs. CCSF with the city attorney. The board voted unanimously to settle the case.

12. 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 6:03 p.m.

A tape of the meeting is on file in the office of the Secretary to the Municipal Transportation Agency Board of Directors.


Roberta Boomer
Board Secretary

The Ethics Commission of the City and County of San Francisco has asked us to remind individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin. Code Sections 16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 1390 Market Street, Suite 801, San Francisco, CA 94102, telephone 415-554-9510, fax 415-554-8757 and web site: sfgov.org/ethics.

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Information last updated October 22, 2001