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MTA BOARD MEETING
TUESDAY, MAY 7, 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
H. Welton Flynn
Enid Lim
James McCray, Jr.
Cleopatra Vaughns

3. Approval of Minutes

On motion to approve the minutes of the April 16, 2002 Regular Meeting: unanimously approved (McCray-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.

5. Introduction of New or Old Business by Board Members

None.

6. Director's Report (For discussion only)

Arthur Olivar was presented with this month's Special Recognition Award. He located a young mentally challenged boy who had disappeared earlier in the day from his school. The child's parents called Mr. Olivar's prompt action an "act of heroism". Mr. Olivar is a terrific example of how employees make a difference in the community and he serves as a model for all employees. Mr. Olivar noted that any operator in his position would have done the same thing and he shares the award with all employees. Chairman Flynn expressed appreciation on behalf of the board and noted that Mr. Olivar's actions raises the bar for all operators. Ray Antonio joined Muni in recognizing his good deeds and is especially proud because Mr. Olivar was one of his line trainees.

General Manager Burns introduced Jose Cisneros as the Deputy General Manager of Capital Planning and Legislative Affairs. He will be responsible for long range planning, coordinating state and federal legislative advocacy efforts, Muni's marketing plan, and real estate.

General Manager Burns revealed a new color scheme for Muni's bus fleet. Muni has undergone many changes over the past few years and we hope the new colors will represent the positive difference in service. Muni is planning to phase in the color scheme to avoid unnecessary expense. Directors were given the opportunity to review the new color scheme prior to the board meeting.

On Sunday, April 28, approximately 150 Muni employees and family attended a production of "Ain't Misbehaving" as part of an ongoing effort to build our internal community. It was a fun event and we look forward to more opportunities for Muni employees to get together.

On May 15, Muni will start a new shuttle service for residents of the Bayview Hunter's Point neighborhood. This pilot project will operate on Wednesdays with the route going from the Bayview Hunter's Point neighborhood, past San Francisco General Hospital and terminating at the Farmer's Market. This initiative is the result of the work of the Bayview Hunter's Point Health Task Force and will use Muni's alternate fuel vehicles.

Muni's 7th Annual Rail Roadeo was held on April 27. This year we had eight operators in the Operator Competition, and six teams in the Maintainer Competition. The winning team of operators was Chi Hau, Paul Lee, and Michael Postell. The top maintenance team is Danilo Geronimo, Petronio Ancheta and San Gee. They will compete in Baltimore at the APTA Rail Roadeo in June.

After years of planning and community outreach, Muni will break ground on the Third Street Light Rail project. The official ceremony will be on Tuesday, May 28, 11a.m. at the Caltrain Station.

The Caltrain Joint Powers Board passed their FY2003 budget, which included a cut in funding for the 80x, 81x, and 82x Shuttle Buses. Shuttle service will cease in late summer if the JPB budget remains unchanged. Muni will get the word out to riders about the proposed changes and other Muni services available to them as options.

In the early morning of April 21, Muni and BART engaged in an Emergency Preparedness Drill with a simulated release of hazardous gas. The purpose of the drill was to evaluate existing procedures and improve coordination among agencies. Muni will assess the information gathered and will be continuing drills such as these as part of our emergency preparedness plan.

Vernon Crawley, Manager, EEO presented the EEO Quarterly report. Chairman Flynn noted that if the harassment cases shown for this quarter are the same cases from the last quarter, then Muni has a real problem. Mr. Crawley stated that all allegations are taken seriously and he would include additional information about the disposition of these cases when he brings the next quarterly report to the board.

7. Citizen's Advisory Council Report

Linton Stables, Chairman, Citizen's Advisory Council, urged Muni to replace the track bedding at Carl in Cole valley to reduce noise. Joan Downey, another CAC member and President, Cole Valley Improvement Association, presented signatures from the neighbors asking Muni to reduce noise and vibration. She said the noise is deafening and the vibrations are unacceptable. She asked Muni to keep the Cole Valley Improvement Association informed about Muni's plan. Mr. Stables also noted that Muni's vehicle list is out of date.

8. Public Comment

Barry Taranto, is a United taxicab driver who has worked with the city on many parking and traffic issues. He is upset over an incident that occurred on April 16 where he feels he was harassed by an inspector. There is an ongoing situation at the bus stop at Polk and O'Farrell and he would like a reasonable solution to be worked out.

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:

RESOLUTION 02-030

(9.2) Approving the plans and specifications and authorizing the Director to advertise bid call for Contract No. MR-1144, Third Street Light Rail Transit Project: Donner Avenue to Hester Avenue.
(Explanatory documents include a staff report, resolution and financial plan.)

RESOLUTION 02-031

No public comment.

On motion to approve the Consent Calendar:

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

ABSENT - McCray

REGULAR CALENDAR

10. Certifying that the 2002/2003 fiscal year budget of the Department of Parking and Traffic, previously approved by the Parking and Traffic Commission, meets the goals and objectives of the Municipal Transportation Agency. (Explanatory documents include a staff report, resolution and financial plan.)

No public comment.

Julia Dawson, Finance & Administration for the Department of Parking & Traffic reviewed the DPT Capital and Operating budgets including revenue and expenditures.

The item was continued to the May 21 board meeting.

11. 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.)

No public comment.

RESOLUTION 02-032

On motion to approve:

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

12. 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.)

Public Comment:

Ronald Losch is opposed to awarding the contract to Mitchell as he doesn't think they are a qualified DBE and there is a discrepancy in their annual sales figures and the amount of work Mitchell says it has on hand. He urged Muni to be scrupulous in examining DBE contractors and thinks that the contract shouldn't be awarded until Muni completes an evaluation of the discrepancies.

At the request of staff, the board continued Item 12 until after the closed session. When the board reconvened the regular meeting, they announced that item 12 would be continued for two weeks to the May 21 meeting agenda.

13. Awarding Contract No. 1185, Integrated Scheduling Software and Operator Dispatch System with Trapeze Software Corporation to provide software and implementation services for an amount not to exceed $2,981,455. (Explanatory documents include a staff report, resolution, agreement and financial plan.)

No public comment.

Pacifico Paculba, General Superintendent of Schedules reviewed the calendar item.

RESOLUTION 02-033

On motion to approve:

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

14. Authorizing the Director to execute Modification No. 2 to Contract CS-113 with Cornerstone Concilium, Inc./Parsons Brinckerhoff Quade and Douglas, Inc. (A Joint Venture), to provide support services for the procurement of 95 option vehicles from Neoplan USA, at a cost not to exceed $1,249,101, for a total contract amount not to exceed $3,453,071. (Explanatory documents include a staff report, resolution and contract modification.)

No public comment.

RESOLUTION 02-034

On motion to approve:

ADOPTED: AYES - Black, Casey, 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 6:27 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
Lisa Mancini, Chief Operations Officer
Jose Cisneros, Deputy General Manager, Capital Planning
Laura Spanjian, Government Relations Officer
Andre Boursse, Contract Compliance Officer
Ken Jew, Manager of Project Management
Dennis Tsai, Third Street Program Manager
Sue Olive, Project Manager
Kerstin Magary, Senior Project Manager
Andrew Chang, Deputy City Attorney
Ellen Shapiro, Deputy City Attorney
Robin Reitzes, Deputy City Attorney
Don Margolis, Deputy City Attorney
Amy Brown, Deputy City Attorney
Martin Greenman, Deputy City Attorney

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:

RESOLUTION 02-035

On motion to approve:

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

Bayview Hunters Point Community Activists vs. MUNI, U.S. District Court #C010750THE, filed on February 21, 2001

RESOLUTION 02-036

On motion to approve:

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

5. Pursuant to Government Code Sections 54956.9, and Administrative Code Section 67.8 (3) the Municipal Transportation Agency Board will meet in closed session to discuss attorney-client matters in the following case:

CONFERENCE WITH LEGAL COUNSEL

Anticipated Litigation:

______ As defendant __X__ As plaintiff

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 7:07 p.m.

15. Announcement of Closed Session.

Chairman Flynn announced the board met in closed session to discuss the Swain and Earthjustice cases with the city attorney. The board voted unanimously to settle the cases. They also met for a conference with legal council about anticipated litigation with the city as plaintiff. There was no action taken.

16. 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 7:09 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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Page last updated March 19, 2003.
Information last updated May 23, 2002.