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MTA BOARD MEETING

TUESDAY, JUNE 19, 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

ORDER OF BUSINESS

1. Call to Order

Chairman Flynn called the meeting to order at 5:03 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

Director Casey pointed out that the minutes should be changed to reflect his absence at the closed session.

On motion to approve the minutes of the June 5, 2001 Regular Meeting as amended:
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

None.

6. Director's Report (For discussion only) General Manager Burns discussed the rider and employee surveys and the suggestion by Director Black to have translation services available The phone survey had been completed prior to the last meeting. He has accepted the current survey because less than 1% of those contacted had a language problem and the results were not be affected. Future surveys will have provisions for other languages. The employee survey was distributed with the June 19 paychecks.

Directors Black and Casey questioned the low percent of people who were unable to participate in the survey because of language. Director Casey suggested being more inclusive in the future especially given the great diversity of language in San Francisco. He thanked the general manager for his prompt action on Director Black's request.

7. Citizen's Advisory Council Report

The board secretary noted that she had heard from the CAC Chair, Linton Stables who said that there would be no official report since the CAC has been unable to meet due to a lack of a quorum. Chairman Flynn stated that a letter had been sent to each member of the Board of Supervisors asking them to select a representative to serve on the CAC.

8. Public Comment

Kevin Hughes, Electrical Workers Local 6, commended Mabel Sha and Elena Chiong for their efforts to get some of his members paid correctly. He called their efforts "no small feat" given the reorganization that was taking place in payroll at the time.

Frederick Hobson, Animal Care Commissioner noted that his commission had passed a resolution urging the elimination of fares for all animals on Muni. He is dismayed that Muni's report was lacking in public participation. He urged the board to hold a hearing on the matter.

Max Schweizer heard about the concerns associated with the passenger survey. He has a company that conducts on-board passenger surveys and wanted to let the board know of their existence.

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: RESOLUTION 01-067

(9.2) Endorsing the use of Traffic Congestion Relief Program funds for the Third Street Light Rail Project and authorizing the submission of an application for these funds to the California Transportation Commission. (Explanatory documents include a staff report and resolution.)

RESOLUTION 01-068

(9.3) Requesting the Board of Supervisors to concur with the Controller's certification that for fiscal year 2001-2002 it is more economical for the Municipal Transportation Agency to contract for facility security services than to provide the same services with City and County employees. (Explanatory documents include a staff report, Controller's certification and resolution.)

RESOLUTION 01-069

(9.4) Approves Contract Modification No. 3 to Contract No. MR-1126, Mission/Steuart Bus Layover Relocation, with Abbett Electric Corporation, increasing the total contract amount by $37,000 for a total amount not to exceed $867,200, and extending the time of completion by 12 calendar days, from July 15, 2001 to July 27, 2001. (Explanatory documents include a staff report, resolution, financial report and contract modification.)

RESOLUTION 01-070

(9.5) Approving Contract Modification No. 4 to Contract No. MR-1126, Mission/Steuart Bus Layover Relocation, with Abbett Electric Corporation, increasing the total contract amount by $71,338.21 for a total amount not to exceed $938,538.21 and without extending the contract duration. (Explanatory documents include a staff report, resolution, financial report and contract modification.)

Items 9.4 and 9.5 were removed from the consent calendar at the request of a member of the public.

PUBLIC COMMENT:

Norm Rolfe understood that the contractor would pay for all relocation expenses and this amount is being siphoned off for a project of dubious public benefit.

Walt Streeter replied that the Asset Development Study outlined tasks that Muni would be responsible for to prepare the site for potential development and that these are legitimate costs that will be repaid.

Director Casey recused himself from voting on Items 9.4 and 9.5.

RESOLUTION 01-071

On motion to approve consent calendar items 9.4 and 9.5:

AYES - Black, Bourgart, Cisneros, Flynn, Lim and Vaughns

RECUSED - Casey

No public comment on the consent calendar.

On motion to approve the consent calendar (Items 9.4 and 9.5 severed):

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

REGULAR CALENDAR

10. Adopting amendments to the performance measures of Proposition E, Section 4, Performance Measures and adopting the performance standards and milestones required by Proposition E for FY2002. (Explanatory documents include a staff report, resolution, amendment, and service standards.)

Lisa Mancini reviewed the performance standards for next year. Robert Bryan reviewed a recommended change to the proposed amendment.

PUBLIC COMMENT:

Andrew Sullivan, Rescue Muni said that a number of the issues addressed are good changes and are true to the spirit of Prop. E. He is concerned that changing the load factor loosens the criteria and asked about measuring headways on radial lines. He stated that Prop. E. explicitly requires merit pay for on-time performance and is willing to discuss his ideas with staff.

RESOLUTION 01-072

On motion to approve:

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

11. Public hearing on Muni's Draft Short Range Transit Plan and close of SRTP public comment period. (Explanatory documents include a staff report.)

PUBLIC COMMENT:

Norm Rolfe, San Francisco Tomorrow, reviewed the letter SFT submitted and highlighted their suggestions for electrifying the 47-Van Ness, TIDF fees, and Asset Development activities.

Andrew Sullivan, Rescue Muni, spoke about service expansion and suggested that the Canopy over the Geneva Yard, acceleration of the route electrification program and the Geary Corridor development happen sooner than the timeframe listed in the SRTP.

12. Discussing the Landmarks Preservation Advisory Board's proposed resolutions to landmark the Forest Hill Station and Muni Trolley Car #1. (Explanatory documents include a staff report and Landmark Board resolutions.)

Tim Kelly, President, Landmarks Board agreed with the board that the ramifications of landmarking on the Forest Hill Station are somewhat stronger than those on Car #1. Their resolution has tried to incorporate language in recognition that the designation should in no way interfere with Muni's overriding needs to provide accessible service.

Marion Heshemi, City Planning, noted that their goal is to preserve the structure and they recognize the sensitivity to keeping the structure functioning for it's primary goal, transit. She doesn't believe that Planning or the Landmarks Board would object to safety improvements and that they would follow the both the state and federal ADA guidelines.

Director Bourgart asked for a report that addressed the effect of landmarking on Muni's ability to make accessibility, service, seismic, safety and telecommunication upgrades. He also asked staff to discuss grant programs available for landmarked buildings, the amount of money available and the competition for those dollars. He asked that staff bring the two designations as separate items for the board's consideration.

No public comment.

13. Authorizing the Director to execute an amendment to Contract No. 97-903 for Comprehensive Facility Security Services extending the term of the contract for the additional six-months to January 1, 2002. (Explanatory documents include a staff report, resolution and financial plan.)

No public comment.

RESOLUTION 01-073

On motion to approve:

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

ABSENT - Flynn

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.)

No public comment.

RESOLUTION 01-074

On motion to approve:

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

ABSENT - Flynn

RECESS REGULAR MEETING AND CONVENE CLOSED SESSION

CLOSED SESSION


1. Call to Order

Vice Chairman Lim called the closed session to order at 6:54 p.m.

2. Roll Call

Present: Shirley Breyer Black
Jim Bourgart
Mike Casey
Jose Cisneros
Enid Lim
Cleopatra Vaughns

Absent: H. Welton Flynn

Also present: Michael T. Burns, Director of Transportation
Roberta Boomer, Board Secretary
Robert Bryan, Deputy City Attorney
Gigi Harrington, Deputy G.M., Finance
Laura Spanjian, Policy Director

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

Anticipated Litigation:

______ As defendant ___X___ As plaintiff

Approving the terms and conditions of the settlement with Zoro, LLC, for payment of Transit Impact Development Fees to the City in the amount of $1,350,000 plus interest for property at 650 Townsend Street pursuant to the terms and conditions of the written settlement agreement.

RESOLUTION 01-075

On motion to approve:

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

ABSENT - Flynn

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 7:05 p.m.

15. Announcement of Closed Session.

Vice Chairman Lim announced the board met in closed session to discuss terms and conditions of settlement with Zoro for payment of TIDF fees for 650 Townsend with the city attorney. The board voted unanimously to approve settlement (Flynn-absent).

16. Motion to disclose or not disclose the information discussed in closed session.

On motion to not disclose the information discussed: unanimously approved (Flynn - absent)

ADJOURN - The meeting was adjourned at 6:55 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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