return to MTA 2001 agendas and minutes

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5:00 - REGULAR MEETING

ORDER OF BUSINESS

1. Call to Order

Chairman Flynn called the meeting to order at 5:02 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 July 3, 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.

The board secretary announced that staff had requested Item 11, Landmarking of Laguna Honda Station be removed from the agenda.

5. Introduction of New or Old Business by Board Members

None.

6. Director's Report (For discussion only)

-Special Recognition Award

-Update on transit and transportation-related funding and legislation

-Update on Translink program

-EEO Quarterly Status Report

-Employee and Rider Surveys

-Ongoing Muni Activities

General Manager Burns presented the Special Recognition Award to Fernando Leal, Tom Sheridan, Hue Khuu, Michael Postel and Paul Lee. These individuals were Muni's Rail Roadeo team and on June 9, they competed in Boston at the International Rail Roadeo. The maintenance team finished second and Muni placed 5th overall. Muni is proud of the team and their accomplishment.

The board gave the team a standing ovation in appreciation for their work. Chairman Flynn noted that never in the history of the board had they given a standing ovation.

The general manager noted that Byron Cobb won this year's Cable Car Bell Ringing Contest with Ken Lunardi and Frank Ware finishing 2nd and 3rd. The 26th Annual Bus Roadeo was also held and had 24 contestants who performed 10 rigorous maneuvers that simulate the on-street challenges that operators face every day. The winning team of Kevin Grady, Alfaro Nelson and Rafael Cabrera will compete regionally and then at the International Bus Roadeo in Philadelphia. Burns noted that this was the first time that the local roadeo was produced by volunteers and he thanked the Safety & Training division and especially Maurice Wilson who spearheaded the event.

Gigi Harrington, Deputy General Manager for Finance and Administration presented the Translink program to the board and noted that Phase 1 testing on the N-Judah will begin shortly and will last for 6 months. Following the first phase, staff will evaluate the program and make sure Muni's needs are met. Full-scale implementation is expected late in 2002.

Vernon Crawley, EEO Manager, presented the quarterly EEO report. He noted that they reconciled the number of ADA accommodation cases they had with the number of cases that DHR had so number increased by 13. He stated that the Maintenance division as been a priority focus.

Director Casey suggested that Mr. Crawley track the number of occurrences that are charged against repeat offenders and add that information when he presents the next quarterly report.

General Manager Burns presented both the Rider and Employee Surveys to the board. He intends to use both surveys when setting priorities for the zero based budgeting process and the Mission-Vision-Values process. He introduced David Binder and Scott Summerfield who conducted both surveys and asked them to describe the key findings, process and results.

The board restated their concern about reaching all people, particularly those for whom English is not their first language. The general manager stated that language interpreters will be used for all future surveys.

Director Casey suggested that the pollsters use the same gradations for both the riders and employees for future polls and that it would be useful to have more questions about Muni service. Director Bourgart added that the employee surveys could also dig deeper into employee satisfaction and appreciation issues. He noted that the rider survey was the third one in the past few months that consistently shows that Muni is improving in the public's perception.

7. Citizen's Advisory Council Report

Linton Stables, CAC Chair, noted that they are short one person of a full complement of people on the CAC. He presented their first annual report to the board and discussed the CAC's comments on the DPT incorporation report. They are concerned that report isn't responsive to Prop. E and doesn't discuss the integration of various functions such as finance or engineering. The CAC is against relocating the enforcement function to the SFPD.

8. Public Comment

Jeti Hanna, Union Chair at Flynn, spoke about the air quality at Flynn. She noted it's very bad where the buses are because of a lack of ventilation. (Chairman Flynn asked the general manager to report back to the board about this situation.)

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:

Progressive West Ins. vs. CCSF, Superior Ct. Ltd. #177102, in the amount of $1,139.80

Theophus Barron vs. CCSF, Superior Ct. #173415, in the amount of $5,000

Blanca Ramos vs. CCSF, Unlitigated Claim #00B15191, in the amount of $6,794.51

Juan Ongpin vs. CCSF, Unlitigated Claim #00T0649, in the amount of $7,250.64

Gerald Cosci vs. CCSF, Unlitigated Claim #00B1881, in the amount of $7,253.21

James Laurence vs. CCSF, Unlitigated Claim #00T02827, in the amount of $7,500

Alex Santos Ferreira vs. CCSF, Unlitigated Claim #00C00761, in the amount of $9,000

Rose DeLeon vs. CCSF, Superior Ct. Ltd. #171-389, in the amount of $9,000

Lan Pham vs. CCSF, Unlitigated Claim #00B14831, in the amount of $9,037.59

Naum Feldman vs. CCSF, Unlitigated Claim #00T5016, in the amount of $10,000

Purita Aberilla vs. CCSF, Superior Ct. #319197, in the amount of $12,000

Rasheeda Gaines vs. CCSF, Unlitigated Claim 00B06492, in the amount of $13,800

Julian Garrett vs. CCSF, Superior Ct. #314451, in the amount of $17,500

Evan Studinski vs. CCSF, Superior Ct. #301923, in the amount of $24,500

Carl Natvig vs. CCSF, Superior Ct. #311769, in the amount of $30,000

Jean Dennis-Heller vs. CCSF, Superior Ct. #313892, in the amount of $47,500

RESOLUTION 01-081

(9.2) Authorizing the Director to apply for, accept, and expend $229,953 in federal JARC, Section 3037 capital assistance for the SFO-Southeast San Francisco Job Link program. (Explanatory documents include a staff report and resolution.)

Director Lim asked that item 9.2 be severed from the Consent Calendar. She asked if Muni would be providing the service. The general manager stated that Muni is serving as a conduit for the funds and that the airport will be managing this service.

No public comment.

RESOLUTION 01-082

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

(9.3) Authorizing the Director to apply for, accept, and expend $53,282,382 in federal Section 5307 and STP capital assistance for Historic Streetcar and Cable Car Rehabilitation; Diesel Bus and Trolley Coach Replacement; Rail Replacement; Trolley Overhead Reconstruction; Paratransit Assistance; and Cable Car Infrastructure Rehabilitation. (Explanatory documents include a staff report, resolution.)

Director Lim asked that Item 9.3 be severed. The Director asked if the cost of warranty administration was included in these funds. The general manager stated that there are grant-funded positions that do warranty administration work. Staff needs to secure the approval of the MTA in order to get federal dollars and this money is not the total amount, just the annual appropriation.

No public comment.

RESOLUTION 01-083

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

(9.4) Accepting Contract No. MR-1133, Emergency Traction Power Feeder Repair at Market and Sansome Streets; approving Contract Modification No. 3 to reduce the contract amount by $3,026.37, for a final contract amount of $335,603.68; authorizing the release of final retention and approving the closeout of this contract with Kingston Constructors. (Explanatory documents include a staff report, resolution, contract modification and financial plan.)

RESOLUTION 01-084

(9.5) Accepting Contract No. MR-1128, Power Improvements to the King Street Substation; approving Contract Modification No. 3 in the amount of $334,299.25; approving the closeout of the contract; and authorizing the release of retention to Steiny & Co. (Explanatory documents include a staff report, resolution, contract modification and financial plan.)

Item 9.5 was severed at the request of Director Lim who asked if the Giants contributed to the TIDF fund. Chairman Flynn noted that this was a contract closeout and was a separate matter.

No public comment.

RESOLUTION 01-085

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

On motion to approve the Consent Calendar (Items 9.2, 9.3 and 9.5 severed):

No public comment.

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

REGULAR CALENDAR

10. Adopting the FY2002-FY2021 Final Draft Short Range Transit Plan. (Explanatory documents include a staff report, resolution, SRTP and summary of comments.)

No public comment.

RESOLUTION 01-086

On motion to approve:

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

11. Endorsing the Landmarks Preservation Advisory Board's proposal to landmark Laguna Honda Station as Landmark No. 231. (Explanatory documents include a staff report and resolution.)

This item was removed from the agenda at the request of staff.

12. Approving Contract Modification No. 6 to Contract No. MR-1120R, Woods Facility Fuel and Wash Improvements, with Tank Protect Engineering, which increases the total contract amount by $206,849.76; thereby increasing the contract amount to $8,825,059.86, with no extension of time. (Explanatory documents include a staff report, resolution, contract modification and financial plan.)

No public comment.

RESOLUTION 01-087

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 6:52 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

Rona Sandler, 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:

Casmalia Resources Hazardous Waste Disposal Site vs. CCSF, U.S. EPA #99-02(a), filed on January 25, 2001

RESOLUTION 01-088

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 7:05 p.m.

13. Announcement of Closed Session.

Chairman Flynn announced the board met in closed session to discuss Casmalia Resources Hazardous Waste Disposal Site vs. CCSF with the city attorney. The board voted unanimously to recommend settlement of the case.

14. 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 7:07 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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Page last updated March 19, 2003.
Information last updated August 23, 2001