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MTA BOARD MEETING
TUESDAY, APRIL 16, 2002
ROOM 400, CITY HALL
400 VAN NESS AVENUE
1 DR. CARLTON B. GOODLETT PLACE

4:50 - CLOSED SESSION

1. Call to Order

Chairman Flynn called the closed session to order at 4:52 p.m.

2. Roll Call

Present: Shirley Breyer Black
Mike Casey
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
Sallie Gibson, 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 (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:

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

RESOLUTION 02-026

On motion to approve:

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

ABSENT - Casey

ADJOURN - The closed session was adjourned at 4:59 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
H. Welton Flynn
Enid Lim
James McCray, Jr.
Cleopatra Vaughns

3. Approval of Minutes

On motion to approve the minutes of the April 2, 2002 Regular Meeting: unanimously approved (Casey-absent).

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 Rowe vs. CCSF with the city attorney. The board voted unanimously to settle the case (Casey-absent).

(4.3) Motion to disclose or not disclose the information discussed in closed session.

On motion to not disclose the information discussed: unanimously approved (Casey-absent).

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)

Review of Third Street Light Rail Outreach Program
Ongoing Muni Activities

General Manager Burns announced that Muni's Breda lease-leaseback item was approved by the Board of Supervisors. Gigi Harrington and her team deserve special recognition and thanks for seeing this complicated transaction through the process so successfully. The transaction is expected to close by the end of the week and is expected to net approximately $38 million. Staff will return to the board with a request for a supplemental appropriation to expend these funds for specific projects.

Chairman Flynn asked that staff prioritize the list of projects when the supplemental is returned to the board.

The "Train the Trainer Program" began on April 15 with 10 people. The training is expected to be finished by May 17 thereby meeting Muni's commitment to have the training complete by the beginning of the fiscal year.

Muni's alternative fuels pilot project is at the end of its first six-month testing phase. Over the next three weeks, Muni will be working with the Alternative Fuels Independent Oversight Committee and various stakeholders to review the draft. The item will be formally presented to the MTA Board on May 7th. Muni hopes to have general consensus by the end of May on the next steps in the process.

The baseball season officially began on April 5th with 9 home games. Muni service worked well with only one problem on April 9th that had a minor impact on ballpark service.

On Thursday, April 25 Muni will celebrate the completion of the Muni Key Stop Project and the Duboce Bikeway project with the Department of Parking and Traffic and the Muni Accessibility Advisory Committee. This project marks Muni's fulfillment of a promise to ensure that the light rail system is accessible under the ADA.

On Saturday, April 27th, six teams will compete for the opportunity to represent Muni in this year's International Rail Rodeo, which will be held in Baltimore later this year. Muni finished second in the international event last year, which was a great achievement especially since Muni has not participated regularly in recent years.

Muni is taking action to reduce the volume on bus announcements and turn signals. We are working with the manufacturer to give some audible warning of right turn without keeping the neighborhood awake. We are also changing the announcement protocols to reduce the volume earlier in the evening.

Vince Harris reviewed the Construction Outreach Program for the Third Street Light Rail Program. The goal of this program is to maximize employment and contracting opportunities for the neighborhoods.

Chairman Flynn stressed that Muni must give sincere assistance to minority contractors. He suggested that staff look into what could be done with general contractors to make them help their subcontractors. He is also concerned about the bonding difficulties that subcontractors experience. General Manager Burns understands the issues raised and will provide details to the board when these contracts come for approval.

7. Citizen's Advisory Council Report

Linton Stables reviewed the items that the CAC considered this past month. They passed a resolution in support of the Parking and Control Officers joining the MTA pursuant to Prop. E. They recommend that Muni's transfer policy be approved and took no position on the Records Retention Policy. They will forward their recommendations for service on the 39-Coit line to the board. On Saturday, April 27, they will be touring Muni facilities and will end up at the Roadeo.

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:

Sophie Allez & Charles Free vs. CCSF, Superior Court #185712 in the amount of $0.00
Rodessa Wakefield vs. CCSF, Unlitigated Claim #0202214 in the amount of $5,125.69
Raisa Galanter vs. CCSF, Unlitigated Claim #0200916 in the amount of $7,000
Ferguson Enterprises vs. Tank Protect & CCSF, Superior Court #402407 in the amount of $32,315.55
Imogene Perryman Porter vs. CCSF, Superior Court #315387 in the amount of $70,000

RESOLUTION 02-027

(9.2) 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 City Administrator. (Explanatory documents include a staff report, policy and resolution.)

RESOLUTION 02-028

(9.3) Authorizing the Director to execute and file appropriate Transportation Development Act, State Transit Assistance, and AB1107, One-Half Cent Sales Tax fund applications together with all necessary supporting documents with the Metropolitan Transportation Commission of an allocation of TDA, STA, and AB1107 funds in Fiscal Year 2002-2003. (Explanatory documents include a staff report, resolution and General Counsel opinion.)

RESOLUTION 02-029

No public comment.

On motion to approve the consent calendar:

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

REGULAR CALENDAR

10. Approving the award of Contract No. MR-1146, Third Street Light Rail Project Traction Power Systems, to Mitchell Engineering, as the lowest responsive and responsible bidder, in the amount of $8,442,733. (Explanatory documents include a staff report, resolution and financial plan.)

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

ADJOURN - The meeting was adjourned at 5:39 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.