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MTA BOARD MEETING

TUESDAY, JULY 3, 2001
ROOM 400, CITY HALL
400 VAN NESS AVENUE
1 DR. CARLTON B. GOODLETT PLACE

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

On motion to approve the minutes of the June 19, 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

None.

6. Director's Report (For discussion only)

-Special Recognition Award

-Status of MTA-DPT plan

-Ongoing Muni Activities

General Manager Burns gave the General Manager's Special Recognition Award to Juel Rice for his outstanding work as a Transit Operator. This award was given based on a letter from Anita Hill who commended him for his sharp appearance and his friendly and forthcoming manner with passengers. Mr. Rice noted that he very much appreciated the recognition and was overwhelmed with honor. Chairman Flynn offered special thanks on behalf of the Board of Directors.

On June 29, General Manager Burns submitted the DPT-MTA Report to the Mayor and the Board of Supervisors in accordance with Prop E. He noted that the report is the result of extensive discussions with DPT Executive Director Fred Hamdun and contains two options for further consideration.

Director Vaughns commended the general manager for sending the note of congratulations to employees on the recent Chamber passenger survey.

7. Citizen's Advisory Council Report

None.

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:

Farmers Insurance Exchange vs. CCSF, Superior Ct. Ltd #183105, in the amount of $1,148

State Farm/M. Franko vs. CCSF, Unlitigated Claim #0102508, in the amount of $7,173.26

State Farm/Kwong Tsang vs. CCSF, Unlitigated Claim 00B07472, in the amount of $10,491.53

Gregory Heppberger vs. CCSF, Unlitigated Claim #0103226, in the amount of $11,254.94

Teddy Kellam vs. CCSF, Unlitigated Claim 0103079, in the amount of $12,033.57

Ernestina Vides vs. CCSF, Unlitigated Claim #00B08661, in the amount of $13,000

RESOLUTION 01-076

(9.2) Approving the plans and specifications and authorizing bid call for Contract No. MR-1182, Muni Metro East Light Rail Vehicle Maintenance and Operations Facility. (Explanatory documents include a staff report and resolution.)

No public comment.

RESOLUTION 01-077

(9.3) Accepting Contract No. MR-1169R, Wheel Truing Machine Procurement and Installation; approving Contract Modification No. 2 to reflect the final contract amount of $1,779,800 with no extension of time; and approving the closeout of this contract with Abbett Electric Corporation. (Explanatory documents include a staff report, resolution and financial plan.)

RESOLUTION 01-078

(9.4) Canceling the meeting of Tuesday, July 17, 2001.

RESOLUTION 01-079

No public comment.

On motion to approve:

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

REGULAR CALENDAR

10. Awarding Contract No. CS-132, Quality Assurance and Construction Management Services for Third Street Light Rail Transit Project, Phase I to Sverdrup Civil, for an amount not to exceed $16,000,000 and a term not to exceed five years. (Explanatory documents include a staff report, resolution, agreement and financial plan.)

No public comment.

RESOLUTION 01-080

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 5:36 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

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 & Karen Balacek v. CCSF, Superior Ct. No. 303554, filed on May 17, 1999

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 6:10 p.m.

11. Announcement of Closed Session.

Chairman Flynn announced the board met in closed session to discuss Gescheidt & Balacek vs. CCSF with the city attorney. There was no action taken.

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 6:12 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.