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MTA BOARD MEETING
TUESDAY, APRIL 2, 2002
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 5:05 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 March 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.

The board secretary announced that Item 10 was removed from the calendar at the request of staff.

5. Introduction of New or Old Business by Board Members

None.

6. Director's Report (For discussion only)

-Special Recognition Award
-Ongoing Muni Activities

Mr. Burns announced that the State Board of Equalization had ruled on a tax advantage for agricultural business that would have had a significant impact on revenues. Item 10 on the calendar would have mitigated the impact but a negotiated agreement had been reached as result of lobbying efforts. The compromise will result in Muni receiving approximately the same level of funding as before.

Mr. Burns announced that the federal government has completed its Triennial Review with Muni completing all items satisfactorily. It's the best review Muni has in recent years and we were commended for the speed with which we fixed the few deficiencies.

Baseball season has begun with a few exhibition games. Muni tested its' operating plan for season which provides essentially the same level of service as last year. Everything went smoothly. Service Quality Teams are helping fans and customers.

Muni's Breda Car Lease/Leaseback initiative is moving through the final stages of the legislative process. It's scheduled to be heard at the Finance Committee of the Board of Supervisors next week.

Muni is close to completing a new Mission, Vision, Values statement for the organization. Over 1200 employees participated in the drafting of this statement. A final draft statement will be circulated to the board next week

7. Citizen's Advisory Council Report

No report was made.

8. Public Comment

Bob Planthold stated that for several years, MAAC has pointed out that Muni hasn't been printing bilingual signage asking patrons to yield seats for seniors and people with disabilities. He urged these signs to be put on the new buses. He also discussed the high volume on the new buses. It's causing a disturbance in the neighborhoods and should be reset. (G.M. Burns is aware of and is working on the noise issue.)

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:

Sandra Coleman vs. CCSF, Superior Court #324561 in the amount of $300
Dale Cook vs. CCSF, Unlitigated Claim #01T08881 in the amount of $5,891.12
Gregory Smith vs. CCSF, Superior Court #185889 in the amount of $7,250
James Williams vs. CCSF, Superior Court #312382 in the amount of $9,500
Robert Richards/USAA vs. CCSF, Unlitigated Claim #0201201 in the amount of $10,521.46
Barbara Mannone vs. CCSF, Superior Court #318890 in the amount of $15,000
Siu Ping Kwan vs. CCSF, Superior Court #306328 in the amount of $16,500
Baljit Sing vs. CCSF, Unlitigated Claim #0200974 in the amount of $17,000
Waylon Miller & Adam Armaz vs. CCSF, Superior Court #3154564 in the amount of $58,000

RESOLUTION 02-019

(9.2) Accepting Contract No. MR-1118, Modification of the Paint and Body Shops at the Geneva and Green Maintenance Facilities; approving contract modification No. 2, and approving the closeout of this contract with Jersey Constructors (Explanatory documents include a staff report, resolution, contract modification and financial plan.)

RESOLUTION 02-020

(9.3) Accepting Contract No. CS-449, As-needed Environmental Consultant Services, approving the final contract amount of $166,856.85, and approving the closeout of the contract with Environmental Science Associates. (Explanatory documents include a staff report and resolution.)

RESOLUTION 02-021

No public comment.

On motion to approve the Consent Calendar:

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

REGULAR CALENDAR

10. Adopting a position of support for Assembly Bill 2809 and Senate Bill 10c related to funding dedicated to transit systems for operating and capital needs; and recommending to the Mayor's Office of Legislative Affairs that the city also adopt a support position for the bills. (Explanatory documents include a staff report, resolution and legislation.)

Item 10 was removed from the calendar at the request of staff.

11. Authorizing the Director to execute a professional services contract for a term of one year, beginning on March 26, 2002, with an option to extend for an additional year and for a total amount not to exceed $2,508,349 per year with Intercare Insurance Services, Inc. as a pilot project to provide workers' compensation claims adjusting and administrative services to the MTA. (Explanatory documents include a staff report and resolution.)

No public comment.

Chairman Flynn asked that the contract be changed to reflect the board's policy that any substitution of a minority contractor requires approval by the MTA Board prior to the substitution.

Deputy City Attorney Bryan noted that the board could approve item with the change to the contract.

RESOLUTION 02-022

On motion to approve:

ADOPTED: AYES - Black, Casey, Cisneros, Flynn, Lim, McCray 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
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
Fred Stephens, Deputy General Manager, Maintenance
Rob Stone, Deputy City Attorney
Sally Gibson, Deputy City Attorney
Ellen Shapiro, Deputy City Attorney
Vernon Crawley, Manager, EEO Division

3. 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.

4. 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:

Polina Rutush vs. CCSF, Unlitigated Claim #00T50721, filed on April 27, 2001

RESOLUTION 02-023

On motion to approve:

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

Itskhok Muginshteyn vs. CCSF, Superior Court #322683, filed on July 6, 2001

RESOLUTION 02-024

On motion to approve:

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

Rebecca Rowe vs. CCSF, Superior Court #314633, filed on August 24, 2000

No action taken.

Dennis, Marianne & Susan O'Connell vs. CCSF, Superior Court #309372, filed on January 21, 2000

RESOLUTION 02-025

On motion to approve:

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

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 6:09 p.m.

12. Announcement of Closed Session.

Chairman Flynn announced the board met in closed session to discuss the Rutush, Muginshteyn, Rowe and O'Connell cases with the city attorney. The board voted unanimously to settle Rutush, Muginshteyn and O'Connell cases. The board took no action on the Rowe 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 6:10 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.