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MTA BOARD MEETING
TUESDAY, NOVEMBER 20, 2001

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

11-20-01 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
    Walt Streeter, Deputy General Manager
    Robin Reitzes, Deputy City Attorney
    Don Margolis, 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 (Bourgart, Casey-absent).

  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:

Bayview Hunter Point Community Advocates, et al. vs. Metropolitan Transportation Commission, San Francisco Municipal Railway, et al., U.S. District Court #C010750TEH filed on February 21, 2001

ADJOURN - The closed session was adjourned at 5:06 p.m.

5:00 - REGULAR MEETING

ORDER OF BUSINESS

  1. Call to Order

    Chairman Flynn called the meeting to order at 5:10 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 November 6, 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 Bayview Hunter Point Community Advocates, et al. vs. Metropolitan Transportation Commission, San Francisco Municipal Railway, et al with the city attorney. There was no action taken.

    (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

    None.

  6. Director's Report (For discussion only)

    -Our Community Campaign
    -Quarterly Report on Key Capital Projects
    -2002 Draft State and Federal Legislative Program
    -TDA Triennial Performance Audit
    -Ongoing Muni Activities

    General Manager Burns noted that Muni coordinated an evacuation drill in the subway. Approximately 525 employees and volunteers from other city departments, the Citizen's Advisory Council, Rescue Muni, neighborhood groups and Market Street Railway participated in the early morning exercise. The drill pointed out several areas where Muni needs to pay more attention such as communication and training.

    Over 1500 employees received an incentive payment based on the achievement of first quarter Prop. E milestones. Incentive payments ranged from $60 to $180 and were given to maintenance and administrative staff. Transit operators weren't included as their incentive payments are handled pursuant to the TWU contract.

    Vince Harris, Deputy General Manager, Construction, presented the quarterly report on key capital projects.

    Walt Streeter, Deputy General Manager, Capital Planning and Legislative Affairs reviewed the TDA Performance Audit and the draft State and Legislative Advocacy Program for 2002.

    Marc Caposino, Director of Marketing, presented the "Our ComMunity" campaign that showcases Muni employees. This campaign includes signs to be placed on bus shelters, in the subway and on Muni vehicles as well as a commercial to be aired on Channel 5 and on cable television. The next campaign will focus on riders and mechanics.

    The board commended staff for the campaign and noted that it's an important way to restore trust and respect.

  7. Citizen's Advisory Council Report

    No report was made.

  8. 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

  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:

    Meng Ju Chen vs. CCSF, Unlitigated Claim #99B1319 in the amount of $9,000
    Yuson Wong vs. CCSF, Unlitigated Claim #01B0349 in the amount of $9,220.49
    Linda Hui vs. CCSF, Unlitigated Claim #0102242 in the amont of $18,000
    Progressive Insurance Co. & Mark Pardini vs. CCSF, Unlitigated Claim 00C00762 in the
    amount of $19,557.61
    Helen Howard vs. CCSF, Unlitigated Claim #0103683 in the amount of $21,492.47
    Ma Wen Rong vs. CCSF, Superior Ct. #313092 in the amount of $45,000

    RESOLUTION 01-109

    (9.2) Authorizing the Director to designate the various manager and engineer classifications as "service-critical". (Explanatory documents include a staff report and resolution.)

    RESOLUTION 01-110

    (9.3) Approving the plans and specifications and authorizing the Director to advertise bid call for Contract No. MR-1146, Third Street Light Rail Transit Project Traction Power Systems. (Explanatory documents include a staff report, resolution and financial plan.)

    Chairman Flynn is concerned about the methodology used to set the DBE goal. He hopes that the Contract Compliance Office is being diligent about pursing high goals.

    RESOLUTION 01-111

    On motion to approve:

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

    (9.4) Approving the plans and specifications and authorizing bid call for Contract No. MR-1139, Traffic Signal Priority Project. (Explanatory documents include a staff report, resolution and financial plan.)

    Director Lim asked about the technology to be used and if there was an established track record. Vince Harris noted that the systems had been tested at other properties and at Muni.

    RESOLUTION 01-112

    On motion to approve:

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

    (9.5) Authorizing the Director to apply for, accept, and expend $3,325,000 of Bridge Toll Net Revenues for the purpose of constructing the F-to-MMX connector project. (Explanatory documents include a staff report and resolution.)

    RESOLUTION 01-113

    (9.6) Authorizing the Director to apply for, accept and expend $22,888,763 in federal Section 5309 capital assistance for the purchase of light rail vehicles. (Explanatory documents include a staff report and resolution.)

    RESOLUTION 01-114

    No public comment.

    On motion to approve the Consent Calendar (Item 9.3 and 9.4 severed):

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

    REGULAR CALENDAR

  10. Authorizing the Director to execute the Participation Agreement, Head Lease, Sublease and related Agreements required to close the Leveraged Lease financing, and authorizing the Director to transmit the Head Lease and Sublease to the Board of Supervisors. (Explanatory documents include a staff report, resolution and agreements.)

No public comment.

RESOLUTION 01-115

On motion to approve:

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

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.

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Information last updated December 5, 2001