SFMTA Archives | not current | MTA October 19, 2001 minutes

return to MTA 2001 agendas and minutes

MTA BOARD MEETING

FRIDAY, OCTOBER 19, 2001
CLOSED SESSION 3:00 P.M.
SPECIAL MEETING 3:30 P.M.

ROOM 416, CITY HALL
400 VAN NESS AVENUE
1 DR. CARLTON B. GOODLETT PLACE

10-19-01 Minutes

3:00 - Closed Session
ORDER OF BUSINESS

Call to Order

Chairman Flynn called the closed session to order at 3:08 p.m.
Roll Call

Present:
Shirley Breyer Black
Jim Bourgart
Jose Cisneros
H. Welton Flynn
Enid Lim

Absent:
Mike Casey
Cleopatra Vaughns

Also present:
Lisa Mancini, Acting Director of Transportation
Robert Bryan, Deputy City Attorney
Carla Lieske, Deputy City Attorney
Rob Stone, Deputy City Attorney
Kerstin Magary, Capital Planning and Legislative Affairs
Laura Spanjian, Acting Board Secretary
Vince Harris, Deputy General Manager for Construction
Public Comment
Norman Rolfe stated that he continues to be opposed to this project as Muni should not take entrepreneurial risks with the "public purse". He offered his services so the city gets the best deal possible.
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 (Absent - Casey, Vaughns).
Pursuant to Government Code Sections 54956.8, the Municipal Transportation Agency will meet in closed session for:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR:
Property: Muni layover lot at the corner of Mission and Steuart Streets.

Person(s) Negotiating: Kerstin Magary and Michael Cohen

Lessee: Mission and Stuart Hotel Partners, LLC

Under Negotiation: Terms of a long-term Ground Lease and Lease Disposition Development Agreement
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

Anticipated Litigation:

__X___ As defendant _____ As plaintiff

ADJOURN - The closed session was adjourned at 3:27 p.m.

3:30 - SPECIAL MEETING

ORDER OF BUSINESS

Call to Order

Chairman Flynn called the special meeting to order at 3:30 p.m.
Roll Call

Present:
Shirley Breyer Black
Jim Bourgart
Jose Cisneros
H. Welton Flynn
Enid Lim

Absent:
Mike Casey
Cleopatra Vaughns
Approval of Minutes

On motion to approve the minutes of the September 4, 2001 Regular Meeting: unanimously
Approved (Absent: Casey, Vaughns).
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.

(4.2) Announcement of Closed Session

Chairman Flynn announced the board met in closed session for a conference with their real property negotiator and for a conference with legal council over anticipated litigation with the city as defendant. The board took no action on either matter.

(4.3) Motion to disclose or not disclose the information discussed in closed session.

On motion to not disclose the information discussed: unanimously approved. (Absent: Casey,
Vaughns)

Acting Board Secretary Laura Spanjian noted that Items 9.4, 11 and 14 have been removed
from the agenda.
Introduction of New or Old Business by Board Members

None.
Director's Report (For discussion only)

-Ongoing Muni Activities
-Special Recognition Award

Lisa Mancini, Acting General Manager, reported that Since September 11th Muni has been improving safety & security. Muni has convened a team to review the security plans for all facilities, including the subway. In addition, Muni is providing employees with guidelines for handling the mail, identifying suspicious packages, and for responding to threats received on the phone.

Ms. Mancini announced that Assembly Bill 984 was approved unanimously by the Legislature and was signed into law by the Governor. The leaseback transaction will return to the MTA Board for action at the first meeting in December.

On Saturday, September 8, Muni held it's 2nd Annual Family Day and Health & Safety Fair with over 2,500 people in attendance. Every division and department shared displays highlighting the important functions they perform. Muni also had 18 booths giving information about the importance of good health.

Ms. Mancini reported that Muni participated for the first time in the American Heart Association's Heart Walk on September 28 and raised over $13,000 in six weeks. With 40 team captains, over 200 Muni employees participated in the walk. James Waterfield from Cable Car was our largest fundraiser, bringing in $2500.

Ms. Mancini presented the General Manager's Special Recognition award to Erika Ellenberg from the Operations division and Muni's company captain and chief supporter of the Heart Walk. Ms. Ellenberg is always there and always willing to help. Ms. Ellenberg thanked the many Muni employees who participated in the walk, making it a tremendously successful event and teambuilding exercise. (Chairman Flynn asked that a copy of Ms. Ellenberg's remarks be provided to the secretary for the board's archives.)
Citizen's Advisory Council Report

No report as made by the CAC.
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.

CONSENT CALENDAR
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:

Darrell Merriweather vs. CCSF, Superior Ct. Ltd. #175332 in the amount of $532 (waiver)
Mark Bennett vs. CCSF, Superior Ct. #315003 in the amount of $1,500
Michael Henderson vs. CCSF, Superior Ct. #998096 in the amount of $4,500
Allstate Insurance Co. vs. CCSF, Superior Ct. #181955 in the amount of $5,000
Stacy Takeda vs. CCSF, Unlitigated Claim #0102967 in the amount of $6,000
Geneva Sparks vs. CCSF, Superior Ct. #311225 in the amount of $7,500
Armando Gonzales vs. CCSF, Unlitigated Claim #99B212017 in the amount of $8,000
Jezebel Morales vs. CCSF, Superior Ct. #170042 in the amount of $9,000
James Sewell vs. CCSF, Superior Ct. #307952 in the amount of $10,000
Miles Marioni vs. CCSF, Superior Ct. #313378 in the amount of $12,000
Charles Freshman vs. CCSF, Unlitigated Claim #00B1068 in the amount of $12,015.77
Yue Ying Zhu vs. CCSF, Superior Ct. #381375 in the amount of $15,000
Frederic Stone vs. CCSF, Superior Ct. #323129 in the amount of $17,500
Rita Hernandez vs. CCSF, Superior Ct. #316747 in the amount of $19,628.42
Joan Howley and CSAA vs. CCSF, Superior Ct. #314700 in the amount of $59,765.97

RESOLUTION 01-100

(9.2) Authorizing the Agency to submit an application to program State Transportation Improvement Program funds for Third Street Phase I in the amount of $22,570,000; Third Street Phase II in the amount of $9,400,000; 1401 Bryant Seismic Rehabilitation in the amount of $9,200,000; Rail Replacement Program in the amount of $1,000,000; Revenue Reconciliation System in the amount of $1,650,000; Automatic Vehicle Location System in the amount of $525,000; and Project Management Information System in the amount of $300,000. (Explanatory documents include a staff report and resolution.)

RESOLUTION 01-101

(9.3) Approving Amendment No. 2 to the Appointment and Compensation Agreement between the City and Michael T. Burns to include the "General Manager's Incentive Compensation Plan Recommendation" approved by the MTA Board and salary adjustments available to the Executive Management Level of the Municipal Executives Association as of July 1, 2001. (Explanatory documents include a staff report, amendment, agreement and resolution.)

RESOLUTION 01-102

(9.4) Approving Contract Modification No. 7 to Contract No. MR-1120R, Woods Facility Fuel and Wash Improvements, with Tank Protect Engineering, increasing the contract amount by $198,000.00, for a total contract amount not to exceed $9,023,059.86, with no extension of time. (Explanatory documents include a staff report, resolution and financial plan.)

This item was removed from the agenda.

No public comment.

On motion to approve the Consent Calendar (Item 9.4 severed):

ADOPTED: AYES - Black, Bourgart, Cisneros, Flynn, Lim

ABSENT - Casey, Vaughns

REGULAR CALENDAR
Adopting an overall annual goal of 29 percent for Disadvantaged Business Enterprise contracting in DOT-assisted contracts for federal fiscal year 2000-2001. (Explanatory documents include a staff report, resolution and methodology.)

No public comment.

RESOLUTION 01-103

On motion to approve:

ADOPTED: AYES - Black, Bourgart, Cisneros, Flynn, Lim

ABSENT - Casey, Vaughns
Awarding Contract No. CS-137, Insurance Broker Services for an Owner-Controlled Insurance Program (OCIP) for the Third Street Light Rail Transit Project Initial Operating Segment (Project) construction contracts, to Merriwether & Williams Insurance Services, Inc. to provide professional brokerage services in an amount not to exceed $706,942 and for a term of up to five years. (Explanatory documents include a staff report, resolution, agreement, scope of services and financial plan.)

No public comment.

RESOLUTION 01-104

On motion to approve:

ADOPTED: AYES - Black, Bourgart, Cisneros, Flynn, Lim

ABSENT - Casey, Vaughns
Rejecting all proposals received and authorizing the Director to advertise a Request for Proposals CS-137, Insurance Broker Services for an Owner-Controlled Insurance Program, Contract CS-137R, to evaluate proposals and interview insurance brokers, select the highest ranking, responsive broker, and to negotiate a contract with the selected broker for an amount not to exceed $1,500,000 and for a term of up to five (5) years.

This item was removed from the agenda.
Authorizing the Director to execute the Transit Vehicle Agreement with the Salt Lake Olympic Organizing Committee for the Winter Games of 2002, lending up to fifty standard Neoplan buses for the Winter Olympic and Paralympic Games from no later than January 1, 2002 to no later than April 1, 2002. (Explanatory documents include a staff report, resolution and agreement.)

No public comment.

RESOLUTION 01-105

On motion to approve:

ADOPTED: AYES - Black, Bourgart, Cisneros, Flynn, Lim

ABSENT - Casey, Vaughns
Authorizing the Director of Transportation to execute Amendment No. 6 to Contract No. CS-105, Independent Safety Consulting Support for Advanced Train Control System Project, with Lea+Elliott, Inc., to increase the contract amount by $306,000, for a total contract amount not to exceed $4,277,359. (Explanatory documents include a staff report, resolution and agreement.)

This item was removed from the agenda.

ADJOURN - The meeting was adjourned at 3:58 p.m.

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

Laura Spanjian
Acting 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.