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March 6, 2001 minutes previous agenda/minutes
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March 6, 2001 Minutes

4:30 - CLOSED SESSION

1. Call to Order

Chairman Flynn called the closed session to order at 4:35 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
Gigi Harrington, Deputy General Manager, Finance
Steve Nickerson, TIDF Administrator
Fred Clarke, Finance Manager
Robin Reitzes, 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 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 (ACTION ITEM)

Anticipated Litigation:

______ As defendant __X__ As plaintiff

Approving the settlement with the owners of 1301 Sansome Street and 945 Battery Street for the payment of the Transit Impact Development fee plus interest in the amounts of $137,645 and $240,378.75.

RESOLUTION 01-013

On motion to approve:

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

ADJOURN - The closed session was adjourned at 4:50 p.m.
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5:00 - REGULAR MEETING

ORDER OF BUSINESS

1. Call to Order

Chairman Flynn called the meeting to order at 5:00 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 February 20, 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.

(4.2) Announcement of Closed Session.

Chairman Flynn announced the board met in closed session to discuss anticipated litigation with the city attorney. The board voted unanimously to recommend settlement with the owners of 1301 Sansome Street and 945 Battery Street for Transit Impact Development Fees in the amounts of $137,645 and $240,378.75, respectively.

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

On motion to not disclose the information discussed: unanimously approved.


5. Introduction of New or Old Business by Board Members

Director Bourgart commended Michael Burns and Vince Harris for their responsiveness to the owners of the Java Beach Café.


6. Director's Report (For discussion only)
-Special Recognition Award
-Status of Motor Coach Purchase
-Request for buses for the Salt Lake City Olympics
-2001 Short Range Transit Plan
-Ongoing Muni Activities

Lisa Mancini presented the Special Recognition Award to Frank Porche. While Mr. Porche only joined Muni last August, he exemplifies the kind of employee we all want to see and be. Mr. Porche thanked Mr. Burns and the Board and added that he didn't do anything special.

Michael Burns announced that the Transportation Authority approved a compromise plan to purchase 95 Neoplan motor coaches. The purchase of the remaining 80 vehicles would be deferred until after the alternative fuels pilot program was complete. Muni has committed to seek funding to modify Islais Creek to accommodate future use of alternative fuel technology.

General Manager Burns noted that as part of a nation-wide request, the organizers of the Salt Lake City Winter Olympics have asked Muni to loan them up to 50 buses. While no commitment has yet been made, Muni is looking to see if their request can be accommodated without negatively impacting service.


7. Citizen's Advisory Council Report

Linton Stables, Chairman, CAC, reported that the CAC had discussed the Service Standards Quarterly Report and had made several suggestions for improving the report. He urged the board to try to incorporate these standards into the daily lives of employees to make them aware of the standards and the progress that's being made. He commended Muni for yesterday's hearing and everyone who worked together to do best thing for transportation and the environment in San Francisco.


8. Public Comment

No public comment.
tophome 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:
  • Liberty Mutual, subrogee of Judy Ballonado vs. CCSF, Unlitigated Claim #99T15681 in the amount of $7,518.14

  • Anthony Holbrook vs. CCSF, Unlitigated Claim #00B7491 in the amount of $9556.60

  • Lorelei Lash vs. CCSF, Superior Court #309341, in the amount of $13,500

  • CF & T Available Concrete Pumping vs. CCSF, Unlitigated Claim#99B20951 in the amount of $14,824.11

  • Denise Teraoka vs. CCSF, Superior Court #302689 in the amount of $15,000

  • Tat Le and Muy Ly vs. CCSF, Superior Court #997309 in the amount of $20,000
RESOLUTION 01-014


(9.2) Authorizing the Director to apply for, accept, and expend $14,392,697 in federal CMAQ, STP, and Section 5307 capital assistance for the following Municipal Railway projects: Bayview Connections Station Area Improvements; Incremental New Treasure Island Transit Service; Integrated Vehicle & Facilities Management System; Muni Metro Subway Improvements; Potrero Division Rehabilitation; Radio Replacement and Communications Systems; Woods Division Renovation (Explanatory documents include a staff report and resolution.)

RESOLUTION 01-015


(9.3) Appointing Jim Bourgart to the Trust Fund Board as a trustee and Shirley Breyer Black to the Trust Fund Board as an alternate. (Explanatory documents include a staff report and resolution.)

RESOLUTION 01-016


(9.4) Authorizing the Director of Transportation to approve the final plans and specifications and authorizing bid call for Third Street Light Rail Transit - Ductbanks at Mission Creek and Islais Creek, Contract Number MR-1148. (Explanatory documents include a staff report, financial plan and resolution.)

RESOLUTION 01-017

No public comment.

On motion to approve the consent calendar:

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


REGULAR CALENDAR

10. Authorizing the Director of Transportation to sign a Memorandum of Understanding with the Port of San Francisco, granting Muni the use, in perpetuity, of approximately 17 acres of Port property as the site for the new Metro East Light Rail Vehicle Maintenance and Operations Facility, at a total cost to Muni of $29.7 million, and confirming that recent changes to the Third Street Light Rail Project, as analyzed in an EIR Addendum for the project, do not involve significant environmental impacts. (Explanatory documents include a staff report, resolution, MOU and CEQA/NEPA reevaluation.)

No public comment.

RESOLUTION 01-018

On motion to approve:

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


11. Approving the 2001 Legislative Program including objectives to secure Federal New Starts funding for preliminary engineering work for Phase II of the Third Street Light Railway Project (New Central Subway) and other earmark funding at the Federal and state levels for other important projects and pursue legislation that will exempt leaseback arrangements from sales tax.
(Explanatory documents include a staff report and resolution.)

No public comment.

RESOLUTION 01-019

On motion to approve:

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


12. Authorize the Director of Transportation to execute an amendment to the contract #97-703 for Comprehensive Facility Security Services extending the term of the Contract for six months with an option to extend for an additional six-month period. (Explanatory documents include a staff report, resolution and contract amendment.)

No public comment.

RESOLUTION 01-020

On motion to approve:

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


13. Approving Contract Modification No. 1 to Muni Metro Key Stop- Phase D Project, Contract No. MR-1174, with Francis Construction, Inc., increasing the total contract amount by $160,000.00 for an amount not to exceed $1,897,000.00 and extending the time of completion by 150 calendar days from September 13, 2000 to February 28, 2001. (Explanatory documents include a staff report, resolution, contract amendment and financial plan.)

No public comment.

RESOLUTION 01-021

On motion to approve:

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

ADJOURN - The meeting was adjourned at 5:40 p.m.
tophome
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 March 30, 2001.