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MTA BOARD MEETING
TUESDAY, MARCH 19, 2002
ROOM 400, CITY HALL
400 VAN NESS AVENUE
1 DR. CARLTON B. GOODLETT PLACE

4:40 - CLOSED SESSION

1. Call to Order

Chairman Flynn called the closed session to order at 4:50 p.m.

2. Roll Call

Present:
Shirley Breyer Black,
Mike Casey,
Jose Cisneros,
H. Welton Flynn,
Enid Lim,
James McCray, Jr.,
Cleopatra Vaughns.

Also present:

Michael T. Burns, Director of Transportation;
Roberta Boomer, Board Secretary;
Robert Bryan, 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:

Neal and Grainne O'Hare vs. CCSF, Superior Ct. #320957 in the amount of $230,000.

RESOLUTION 02-013

On motion to approve:

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

ADJOURN - The closed session was adjourned at 4:55 p.m.

5:00 - REGULAR MEETING

ORDER OF BUSINESS

1. Call to Order

Chairman Flynn called the meeting to order at 5:00 p.m.

2. Roll Call:

Present:

Shirley Breyer Black,
Mike Casey,
Jose Cisneros,
H. Welton Flynn,
Enid Lim,
James McCray, Jr.,
Cleopatra Vaughns.

3. Approval of Minutes:

On motion to approve the minutes of the February 19, 2002 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 Neal and Grainne O'Hare vs. CCSF with the city attorney. The board voted unanimously to settle the case.

(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):

-Special Recognition Award
-Quarterly Service Standards Report
-EEO Status report
-Overview of the Department of Parking & Traffic
-Ongoing Muni Activities.

The General Manager introduced this month's recipient, Jonell Jacobson. Ms. Jacobson is in charge of payroll services and is responsible for 15 employees producing 4400 paychecks every 2 weeks. She has exhibited terrific leadership while the division converted to a new computerized payroll system and moved offices. Complaints from staff about payroll services have been virtually eliminated. Jonell Jacobson thanked the Board, the general manager and Ms. Harrington for the recognition. She feels fortunate to be part of an organization that is committed to public service. Chairman Flynn extended his appreciation on behalf of the board.

General Manager Burns introduced a new brochure outlining how to get a job at Muni. This brochure will be used extensively for construction outreach efforts and in hiring employees.

In the March election, voters approved Proposition 42, which permanently dedicates the gas tax to transit. Muni expects to receive $10-12 million annually in state transit assistance as a result of these revenues. The measure will take effect in 2008 and is the same formula that is currently applied to the gas tax.

On Monday, the Executive Director of the Metropolitan Transportation Commission received formal word that the air quality conformity lapse that had been in effect in the region since January had been lifted, thereby clearing the way for preliminary engineering work on the Central Subway. Director Vaughns and Cisneros, members of the Board of Supervisors and city staff attended the APTA Legislative conference in Washington, advocating for the Central Subway and bus discretionary money.

All the buses donated to the Winter Olympics have been returned. NBC did a very positive story on our buses, which we are showing to all employees, particularly to the maintenance employees who worked on those buses.

Lisa Mancini, Chief Operations Officer presented the 2nd quarter Service Standards Report. She noted that Muni has achieved the year-end target for on-time performance.

Fred Hamdun, Executive Director of the Department of Parking and Traffic presented an overview of his department and introduced his senior management team who reviewed the functions of their respective divisions.

Vernon Crawley, EEO Manager presented their quarterly report. He noted that it was a difficult quarter and asked that the report be put in context given the staffing issues that occurred. Replacements have been hired. Chairman Flynn asked that a quarter-by-quarter comparison of the training his staff is providing be included in future reports.

7. Citizen's Advisory Council Report:

David Pilpel, Vice-Chair, CAC presented their report. The CAC has examined office space at Muni and is next going to focus on station operations. Shortly they will be visiting various facilities. He acknowledged Christine Butler for her efforts as part-time staff to the CAC. The CAC feels a need to strengthen the relationship between the CAC and the board as policy items are not reviewed by CAC prior to submission to the board for approval.

8. Public Comment:

Max Schweitzer, Schweitzer Consulting, urged the board to fully fund the Service Planning Division's Route Efficiency Studies. (Chairman Flynn noted that the board received his letter and had given it to the general manager for his consideration.)

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 for or against MUNI:

Sara Terrell vs. CCSF, Superior Ct. #323464 in the amount of $5,500;
Virginia Tong vs. CCSF, Unlitigated Claim #01B04093 in the amount of $5,980.55;
Heriberto Delgado vs. CCSF, Unlitigated Claim #0201703 in the amount of $6,500;
Michael Wachter vs. CCSF, Unlitigated Claim #01T00591 in the amount of $6,998.20;
Sarah La Rave Miller vs. CCSF, Unlitigated Claim #01C00391 in the amount of $7,375.03;
Jeff Weber vs. CCSF, Unlitigated Claim #0201236 in the amount of $9,327.62;
CCSF vs. Louie et al, Superior Ct. #183060 in the amount of $10,573.93;
Mariz Vasquez/Frias vs. CCSF, Unlitigated Claim 0103906 in the amount of $12,000;
Shirley Hamilton vs. CCSF, Superior Ct. #307064 in the amount of $17,000;
Semion Bakman vs. CCSF, Unlitigated Claim #0201815 in the amount of $18,407.50;
Stevonno Applegate vs. CCSF, Superior Ct. #316932 in the amount of $24,206;
Deborah Nettles vs. CCSF, Superior Ct. #324854 in the amount of $30,000;
Charles Ortmann vs. CCSF, Superior Ct. #315546 in the amount of $35,000;
Rebeca Gutierrez vs. CCSF, Superior Ct. #311596 in the amount of $40,000;
Yolanda Dyer vs. CCSF, Superior Ct. #324593 in the amount of $65,000;
Donald & Susan Womack vs. CCSF, Superior Ct. #309835 in the amount of $69,250;
Ruth Beadner vs. CCSF, Superior Ct. #321820 in the amount of $82,500.

Chairman Flynn asked that the Polina Rutush vs. CCSF case be removed from the Consent Calendar and scheduled for a closed session discussion at the next board meeting. He is concerned about Muni's inability to identify the bus driver involved in the case.

RESOLUTION 02-014

(9.2) Accepting Contract No. MR-1180, Flynn Facility Re-Roofing, approving final Contract Modification No. 2 for a reduction to the approved contract amount by $22,225, approving the final contract amount of $1,011,018, and approving the closeout of the contract with Best Roofing and Waterproofing. (Explanatory documents include a staff report, resolution, contract modification and financial plan.)

Chairman Flynn asked that staff include a status report on the current state of the project and the conditions of any warranties in all future contract close out reports.

RESOLUTION 02-015

(9.3) Ratifying and approving rides at no charge for the attendees of the 2002 American Public Transportation Association "Marketing and Communications Workshop" on Muni from Saturday, February 23 through Friday, March 1, 2002 upon presentation of proof of registration in the APTA "Marketing and Communications Workshop". (Explanatory documents include a staff report, and resolution.)

PUBLIC COMMENT:

David Pilpel wondered why this wasn't presented to the CAC in advance. Chairman Flynn responded that it was an issue of timing. APTA made the request after the last board meeting; thereby no approval was possible prior to their workshop.

RESOLUTION 02-016

On motion to approve:

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

(9.4) Revising and adopting the Records Retention and Destruction Policy (dated February 19, 2002) and authorizing the Director to submit this policy to the Controller, the Retirement Board and Chief Administrative Officer; and to make future changes to the policy as required by local, state or federal laws. (Explanatory documents include a staff report, policy and resolution.)

PUBLIC COMMENT:

David Pilpel noted that the policy hadn't been reviewed by the CAC. He is concerned about future changes being delegated to Director of Transportation and wondered if the Administrative Code allowed for such delegation.

Item 9.4 was removed from calendar and referred to Robert Bryan, Deputy City Attorney for response.

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

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

REGULAR CALENDAR

10. Authorizing the award of Contract No. MR-1141, Third Street Light Rail Transit: King Street to 22nd Street, to Mitchell Engineering/Obayashi Corporation, as the lowest responsive and responsible bidder, in the amount of $19,926,331.91. (Explanatory documents include a staff report, resolution and financial plan.)

PUBLIC COMMENT:

Pauline Peele is a Bayview Hunter's Point resident who serves on neighborhood Citizen's Advisory Council. She's been actively involved in the project since its' inception and urged the board to approve the contract.

Doris Vincent, also on the neighborhood CAC, stated that Muni has done an excellent job of outreach to the community and she would like project to proceed.

RESOLUTION 02-017

On motion to approve:

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

11. Authorizing the Director to execute Amendment No. 3 to Contract CS-116, Professional Engineering and Support Services for the Metro East Light Rail Vehicle Maintenance and Operations Facility Project, in the amount of $294,219, for a total contract amount not to exceed $8,278,593 with the Association of AGS/Gannett Fleming, Inc. (Explanatory documents include a staff report, resolution and financial plan.)

RESOLUTION 02-018

On motion to approve:

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

12. Adopting the Municipal Railway Transfer/Fare Receipt Policy which establishes that transfers/fare receipts shall be valid for travel on any vehicle (except Cable Cars) for at least 90 minutes but for no more than two hours after the time originally issued, and shall not be required to be surrendered to the operator of the vehicle. (Explanatory documents include a staff report and resolution.)

Peter Straus, Manager of Service Planning, recommended the policy as it is a straight forward reflection of the current practice without any changes to cash fares. It makes the policy consistent between the rail and rubber tire fleets and with staff practice.

PUBLIC COMMENT:

David Pilpel noted that this item has not been reviewed by CAC. He asked the board to refer the matter to them for review. He is concerned that, with Proof of Payment, the transfer had to be valid for the entire trip.

Chairman Flynn continued the matter to the April 19 meeting and asked that some coordination over policy matters be developed with the CAC.

ADJOURN - The meeting was adjourned at 6:28 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.