SFMTA Archives | not current | MTA June 4, 2002 minutes

return to MTA 2002 agendas and minutes

MTA BOARD MEETING MINUTES
TUESDAY, JUNE 4, 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 5:06 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 May 21, 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 amendments to the Rules of Order would be presented to the board for consideration at the June 18 meeting. Pursuant to the Board's Rules of Order, a ten-day notice must be posted prior to adoption.

5. Introduction of New or Old Business by Board Members

None.

6. Director's Report (For discussion only)

Special Recognition Award
Quarterly Report on Key Capital Projects
Ongoing Muni Activities

Director Burns presented three radio commercials for the "Our ComMUNIty" Campaign. As of last week, ads were played on all major radio stations three times per day. The ads capture the same themes of community and service and are a way to continue the campaign in more intimate way.

The Third Street Corridor Groundbreaking event at Caltrain Station was a festive and well-attended event. Many federal, state and local officials attended and Muni received positive news coverage of the ceremony.

Director Burns reviewed two external surveys recently completed. Both the Controller's Citizens Survey and the one done by Rescue Muni showed that Muni continues to improve in quality. These surveys help identify problem areas and target goals to address those areas.

Approximately 125 senior managers are meeting at a "Senior Management Advance" to discuss issues and challenges and to establish FY03 goals.

Lisa Mancini, Chief Operating Officer discussed the power failure in the subway that occurred on Monday, June 10. A voltage monitoring system failed which was replaced. An apology was posted at all stations. Currently, all systems are okay. Ms. Mancini also discussed a fire on a 54-Felton bus as a result of a flat tire. No passengers were on coach at the time.

Chairman Flynn noted that in Quarterly Report on Key Capital Projects, projects were listed as complete, which, to the average reader, means it's done. In fact, the project may not be closed out yet. Vince Harris suggested that future report could distinguish between projects that were substantially completed vs. fully closed-out.

Director Vaughns congratulated the Director of Transportation for the cover story in "Mass Transit" magazine. The article was excellent.

7. Citizen's Advisory Council Report

No report was made.

8. Public Comment

No public comment.

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:

Rizalino Jimenez vs. CCSF, Unlitigated Claim #01T0312 in the amount of $6,000
Howard Yano vs. CCSF, Unlitigated Claim #01Z0091 in the amount of $8,710.62
Petra Andersson vs. CCSF, Superior Court #406333 in the amount of $16,000
Daniel Burrie vs. CCSF, Superior Court #309847 in the amount of $16,500
Jaime Morales vs CCSF, Superior Court #400457 in the amount of $22,500

RESOLUTION 02-040

(9.2) Approving the plans and specifications and authorizing the Director of Transportation to advertise bid call for Contract No. MR-1142, Third Street Light Rail Transit Project: 22nd Street to Jerrold Avenue. (Explanatory documents include a staff report, resolution and financial plan.)

RESOLUTION 02-041

(9.3) Authorizing the Director to accept and expend $514,664 of Carl Moyer Program funds for the purpose of retrofitting 15 diesel buses with exhaust gas recirculation and particulate filter equipment. (Explanatory documents include a staff report and resolution.)

RESOLUTION 02-042

(9.4) Authorizing the Director to accept and expend $478,000 of TFCA Program Manager funds for the purpose of implanting natural gas infrastructure in support of future natural gas buses, as part of Muni's "CNG Facility Conversion" capital project. (Explanatory documents include a staff report and resolution.)

RESOLUTION 02-043

(9.5) Authorizing the Director to accept and expend $50,000 in 2001 Emergency Supplemental Appropriations Act for Recovery from and Response to Terrorist Attacks on the United States funds for Emergency Preparedness Drills. (Explanatory documents include a staff report and resolution.)

RESOLUTION 02-044

(9.6) Requesting the Board of Supervisors to concur with the Controller's certification that it is more economical for the Municipal Transportation Agency to contract for facility security services than to provide the same services with City and County employees for fiscal year 2002-2003. (Explanatory documents include a staff report, certification and resolution.)

The item was removed from calendar at the request of Director Black.

(9.7) Approving extending the time for award of Contract No. MR-1146, Third Street Light Rail Project Traction Power Systems, by 90 days, to and including September 6, 2002. (Explanatory documents include a staff report and resolution.)

RESOLUTION 02-045

No public comment.

On motion to approve (Item 9.6 severed):

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

REGULAR CALENDAR

10. Certifying that the 2002/2003 fiscal year and capital budgets of the Department of Parking and Traffic, based on the approval by the Parking and Traffic Commission, is adequate to make substantial progress towards meeting the goals, objectives, and performance standards of the Municipal Transportation Agency (Explanatory documents include a budget and resolution.)

Chairman Flynn noted that Director McCray served as President of the Parking and Traffic Commission when that commission approved the budget and that the Director of Transportation was comfortable with the budget.

No public comment.

RESOLUTION 02-046

On motion to approve:

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

11. Authorizing the award of Contract No. MR-1184: Potrero and Presidio Yards Feeder Upgrade, to Abbett Electric Corporation, the lowest responsive and responsible bidder, for a total contract amount of $887,000. (Explanatory documents include a staff report, resolution and financial plan.)

PUBLIC COMMENT:

Ron Losch has filed a bid protest on behalf of Kingston Constructor. The primary grounds for the protest were in listing TRCP as a subcontractor. Muni has determined that TRCP is a supplier and waived the mistake in the bid documents.

Director Casey noted that the Board wasn't in a position to weigh Mr. Losch's legal arguments and asked Mr. Losch were he was going with all this. Mr. Losch replied that he no intention of filing a lawsuit but thinks approval by the board sends the wrong message.

Robert Bryan, Deputy City Attorney stated that Mr. Losch's client followed the bid protest process. Mr. Bryan has advised Muni that the errors were clerical in nature with no material impact on the bid document. He is comfortable with recommending award of the contract.

RESOLUTION 02-047

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 5:46 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
Larry Williams, Deputy General Manger, HR/LR/EEO

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 54957.6(a) and Administrative Code Section 67.8, the Municipal Transportation Agency Board shall meet in closed session for:

CONFERENCE WITH LABOR NEGOTIATOR

CCSF Representative: Larry Williams and/or his designees

Employee Organizations:

TWU, Local 250-A

To discuss:

_X_ Wages
____ Hours
_X__ Benefits
____ Working Conditions
____ Other

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 6:00 p.m.

12. Announcement of Closed Session

Chairman Flynn announced the board met in closed session for a conference with their labor negotiator. The board took no action in closed session.

(12.1) Initiation of public disclosure of amendment to Memorandum of Understanding with TWU 250-A pursuant to Section 8A.104(p) of the City Charter.

The Director of Transportation announced the initiation of public disclosure period regarding amending the TWU-250A MOU to reflect a change in the employee's retirement contribution and a "City Budget Loan Reimbursement Premium".

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 6:03 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.