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MTA BOARD MEETING
TUESDAY, DECEMBER 18, 2001
ROOM 400, CITY HALL
400 VAN NESS AVENUE
1 DR. CARLTON B. GOODLETT PLACE

12/18/01 minutes

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,
Mike Casey,
Jose Cisneros,
H. Welton Flynn,
Enid Lim,
Cleopatra Vaughns.

3. Approval of Minutes

On motion to approve the minutes of the December 4, 2001 Regular Meeting: unanimously
approved. (Absent-Casey.)

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)

-Ongoing Muni Activities

General Manager Burns announced that the Board of Supervisors unanimously approved the modified recommendation to send up to 50 buses to Salt Lake City. Muni is sending a fleet of the best of the 1988/1989 New Flier buses which will be delivered by flatbed truck and returned on March 1, 2002.

Muni's service plans for New Year's Eve are in place. Service will be free from 8 p.m. to 6 a.m. and owl service will be doubled.

As of mid-January, 2002 all LRV's will be Breda cars. The old Boeing fleet will be retired. Having a single, modern fleet will help with reliability, consistency, and will reduce maintenance costs.

Chairman Flynn asked for a report at the next board meeting about the advertising revenue.

Walt Streeter, Deputy General Manager, Planning and Legislation presented the Expansion Plan and stressed that it's a vision document and not a true plan as it doesn't set priorities and contains no technical analysis. Muni's next step will be to solicit input from the public.

Chairman Flynn urged Muni to be pro-active in seeking input from the public.

7. Citizen's Advisory Council Report

Linton Stables, Chair, CAC stated that the CAC is interested in being involved in long-range planning and will be forwarding three recommendations to the board for consideration.

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:

Occupational Safety and Health Appeals Board vs. Muni, CAL-OSHA Citation #00R1314310, 4311 in the amount of $1,120 and dismissing the appeals.

RESOLUTION 01-122

(9.2) Approving the designation of seven street-artist selling spaces at Harvey Milk Plaza, from November 15, 2001, through January 15, 2002. (Explanatory documents include a staff report, and resolution.)

RESOLUTION 01-123

(9.3) Approving the plans and specifications and authorizing the Director to advertise bid call for Contract No. MR-1143, Third Street Light Rail Transit: Jerrold Avenue to Donner Avenue. (Explanatory documents include a staff report, resolution and financial plan.)

RESOLUTION 01-124

(9.4) Approving the 2002 State and Federal Legislative Program to advance the Third St. LRT-Phase 2 (New Central Subway) through the federal approvals process; seek the maximum amount of discretionary funding for transit capital investment needs and support efforts at the state and federal level to enhance and improve transit security. (Explanatory documents include a staff report, resolution and legislative plan.)

RESOLUTION 01-125

(9.5) Approving Amendment No. 2 to the Paratransit Broker Agreement to manage the sublease for 24 ramped minivans to paratransit taxi service providers with Comsis Mobility Services (Explanatory documents include a staff report, resolution and agreement.)

RESOLUTION 01-126

(9.6) Authorizing the acceptance and expenditure of $7,347,000 in funding from the San Francisco County Transportation Authority for the payment of insurance premiums and deductibles for the Owner-Controlled Insurance Program for the Third Street Light Rail Transit Project Initial Operating Segment construction phase. (Explanatory documents include a staff report, financial plan and resolution.)

RESOLUTION 01-127

On motion to approve the consent calendar:

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

REGULAR CALENDAR

10. Endorsing the Landmarks Preservation Advisory Board's proposal to landmark the San Francisco Municipal Railway's Laguna Honda Station, 390 Laguna Honda Boulevard, Assessor's Block 2864, Lot 50 as Landmark No. 231, pursuant to Article 10 of the Planning Code. (Explanatory documents include a staff report and resolution.)

No public comment.

RESOLUTION 01-128

On motion to approve:

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

11. Executing Contract No. MR-1138; Automatic Vehicle Location System with Nextbus Information systems Inc. to provide system services for an amount not to exceed $9,680,220, and a term not to exceed five years. (Explanatory documents include a staff report, financial plan, agreement and resolution.)

The board secretary noted that the dollar amount in the contract was $9,565,057.

No public comment.

RESOLUTION 01-129

On motion to approve:

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

Chairman Flynn asked for a moment of silence in memory of Maggie Lynch's father.

RECESS REGULAR MEETING AND CONVENE CLOSED SESSION.

CLOSED SESSION

1. Call to Order

Chairman Flynn called the closed session to order at 5:44 p.m.

2. Roll Call

Present:
Shirley Breyer Black,
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;
Rob Stone, 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:

Nancy Morales v. CCSF, Superior Ct. #304115, in the amount of $100,000

RESOLUTION 01-130

On motion to approve:

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

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 5:48 p.m.

12. Announcement of Closed Session.

Chairman Flynn announced the board met in closed session to discuss Morales vs. CCSF with the city attorney. The board voted unanimously to settle the case.

13. 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 5:49 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.