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MTA BOARD MEETING MINUTES
TUESDAY, AUGUST 20, 2002
ROOM 400, CITY HALL
400 VAN NESS AVENUE
1 DR. CARLTON B. GOODLETT PLACE

4:00 - REGULAR MEETING

ORDER OF BUSINESS

1. Call to Order

Chairman Flynn called the meeting to order at 4:10 p.m.

2. Roll Call

Present: Mike Casey
H. Welton Flynn
Michael Kasolas
James McCray, Jr.

Absent: Shirley Breyer Black
Enid Lim
Cleopatra Vaughns

3. 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. Approval of Minutes

On motion to approve the minutes of the August 6, 2002 Regular Meeting: unanimously approved (Black, Lim and Vaughns-absent).

5. Communications

None.

6. Introduction of New or Old Business by Board Members

None.

7. Director's Report (For discussion only)

-Third Street Project Budget Update
-Quarterly Report on Key Capital Projects
-Ongoing Activities

Director Burns is pleased to welcome Director Mike Kasolas to the MTA board.

Chairman Flynn has been selected as APTA's Board Member of the year. This prestigious award goes to one board member in the industry each year. Chairman Flynn has long been deserving of national recognition. The award will be presented at APTA's Annual Conference next month.

Work on the L-Taraval is well underway. The 15th Ave. portion will be complete by August 25. The work on the Zoo loop has not yet begun but community outreach has been completed.

Muni hosted the Northern California Regional Bus Roadeo at Candlestick Park. Muni Operator Kevin Grady placed first with a perfect score. Muni is the top operator team in the region. Our maintenance team placed third. Both teams will compete at APTA's International Roadeo in September.

Last week the FTA auditors performed a scheduled audit of Muni's drug testing program. It went exceptionally well. Muni is only the second transit agency in the country to have zero findings.

Deputy Director Hamdun noted that a recent San Francisco Chronicle article stated that it's safer to walk the streets in San Francisco. Pedestrian safety is important with the past year seeing a dramatic reduction in injuries and fatalities. Much of the credit goes to DPT's public education efforts and advertising campaign.

Vince Harris, Deputy Director, Construction, presented the Third Street Project Update. The first segment, funded primarily by the Transportation Authority will be complete by mid-2005 at a cost of $567 million.

Chairman Flynn asked about the atmosphere in the community about the project as a whole. Mr. Harris stated that with the extensive community outreach and local involvement, there aren't any current issues that haven't been resolved. The contractors are taking the local-hiring effort seriously. Director Burns noted that Muni is exceeding the goals and commitments that were made to the community. He added that a future issue will be how to best construct the Metro East Facility. Muni is working with the Transportation Authority to find an approach that will maximize local participation.

Vince Harris also presented the Quarterly Report on Key Capital Projects.

8. Citizen's Advisory Council Report

Dan Murphy, Chairman, CAC, offered congratulations to Chairman Flynn on the APTA Award and welcomed Director Kasolas to Muni. Mr. Murphy is working on making the Muni-CAC relationship a more collaborative one. Recently the CAC has discussed new marketing initiatives and a new look for the Muni Metro. They are also working with DPT to become more familiar with their operation.

9. 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

10. 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.

(10.1) 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:

Juranty Arceil vs. CCSF, Unlitigated Claim #0203655 filed on 5/20/02 in the amount of $5066.23
Douglas F. Lo vs. CCSF, Unlitigated Claim #0201891 filed on 12/21/01 in the amount of $9849.96
Carmen Alfaro vs. CCSF, Unlitigated Claim #0200891 filed on 9/20/01 in the amount of $15,000

RESOLUTION 02-082

(10.2) Approving the following traffic modifications:

Residential Limit Parking Area "Z" (Two-Hour Time Limit, 8 a.m. to 6 p.m., Monday Through Friday) - Establish

Duncan Street, both sides, between Church and Sanchez Streets (300 block).

Metered Motorcycle Parking - Rescind

9th Street, west side, from 155 feet to 177 feet south of Howard Street (22-foot zone at meter #220, accommodating 6 motorcycle stalls).

Metered Truck Loading Zone - Rescind and Metered Motorcycle Parking - Establish

9th Street, west side, from 113 feet to 133 feet south of Howard Street (20-foot zone at meter #212, accommodating five motorcycle stalls).

Tall Vehicle (Over Six Feet) Restriction - Establish

Mason Street, west side, from Filbert Street to 34 feet northerly; and Mason Street, east side, from Filbert Street to 33 feet southerly.

(Explanatory documents include a staff report and resolution)

RESOLUTION 02-083

(10.3) Approving the plans and specifications and authorizing the Director to advertise bid call for Contract No. MR-1145, Third Street Light Rail Transit: Hester Avenue to Sunnydale Avenue.
(Explanatory documents include a staff report, resolution and financial plan.)

RESOLUTION 02-084

(10.4) Approving the plans and specifications and authorizing the Director to advertise bid call for Contract No. MR-1147, Third Street Light Rail Transit Project: Platform Finishes and Special Systems. (Explanatory documents include a staff report, resolution and financial plan.)

RESOLUTION 02-085

(10.5) Recommending that the Board of Supervisors authorize the Director to execute the cooperative agreement with the State of California authorizing the City to construct improvements on and adjacent to the Highway Route 101 Bayshore Boulevard Overcrossing; and authorize the Director of Public Works to execute the supplemental freeway maintenance agreement with the State of California. (Explanatory documents include a staff report, resolution and agreements.)

RESOLUTION 02-086

No public comment.

On motion to approve the Consent Calendar:

ADOPTED: AYES - Casey, Flynn, Kasolas and McCray

ABSENT - Black, Lim and Vaughns

REGULAR CALENDAR

DEPARTMENT OF PARKING AND TRAFFIC

11. Adopting the proposed trial parking rates for the Performing Arts Garage. (Explanatory documents include a staff report, proposed rates and resolution.)

Ron Szeto, Acting Director, Parking Authority gave the staff report.

No public comment.

RESOLUTION 02-087

On motion to approve:

ADOPTED: AYES - Casey, Flynn, Kasolas and McCray

ABSENT - Black, Lim and Vaughns

12. Urging the Board of Supervisors to amend Section 17.11 (a) of the San Francisco Municipal Code to authorize the Municipal Transportation Agency Board of Directors to utilize a bid/RFP process to solicit professional parking operators until June 1, 2007. (Explanatory documents include a staff report, and resolution.)

No public comment.

RESOLUTION 02-088

On motion to approve:

ADOPTED: AYES - Casey, Flynn, Kasolas and McCray

ABSENT - Black, Lim and Vaughns

13. Authorizing the Director of Transportation to enter into an agreement with Alta Transportation Consulting, Inc. for consultant services to prepare a bicycle plan update and bicycle pavement arrow study at a cost not to exceed $200,000 and ending on June 30, 2003. (Explanatory documents include a staff report, resolution and agreement.)

No public comment.

RESOLUTION 02-089

On motion to approve:

ADOPTED: AYES - Casey, Flynn, Kasolas and McCray

ABSENT - Black, Lim, and Vaughns

MUNICIPAL RAILWAY

14. Adopting the "FY2002-FY2021 Capital Improvement Program Interim Update", August 2002. (Explanatory documents include a staff report, resolution and plan.)

No public comment.

RESOLUTION 02-090

On motion to approve:

ADOPTED: AYES - Casey, Flynn, Kasolas and McCray

ABSENT - Black, Lim, and Vaughns

15. Adopting an overall annual goal of 27 percent for DBE contracting in DOT-assisted contracts for federal fiscal year 2002-2003. (Explanatory documents include a staff report, resolution and methodology).

No public comment.

RESOLUTION 02-091

On motion to approve:

ADOPTED: AYES - Casey, Flynn, Kasolas, and McCray

ABSENT - Black, Lim, and Vaughns

16. Approving and adopting a new Substance Abuse Policy, including Testing Procedures, in compliance with Federal Rules. (Explanatory documents include a staff report, resolution and policy.)

Barbara Conway, Manager, Substance Abuse Program presented the new policy and the Howger contract.

No public comment.

RESOLUTION 02-092

On motion to approve:

ADOPTED: AYES - Casey, Flynn, Kasolas, and McCray

ABSENT - Black, Lim, and Vaughns

17. Authorizing the Director to execute an agreement with Howger Services to conduct on-site drug and alcohol testing collection services, for a contract amount not to exceed $350,000, and for a term up to three years. (Explanatory documents include a staff report, resolution and agreement.)

No public comment.

RESOLUTION 02-093

On motion to approve:

ADOPTED: AYES - Casey, Flynn, Kasolas, and McCray

ABSENT - Black, Lim and Vaughns

18. Approving the award of a contract with City College of San Francisco for training services in maintenance, transit electronic technologies and human resources issues in an amount not to exceed $635,035 for the period from August 1, 2002 to December 31, 2003. (Explanatory documents include a staff report and resolution.)

No public comment.

RESOLUTION 02-094

On motion to approve:

ADOPTED: AYES - Casey, Flynn, Kasolas, and McCray

ABSENT - Black, Lim and Vaughns

RECESS REGULAR MEETING AND CONVENE CLOSED SESSION

CLOSED SESSION

1. Call to Order

Chairman Flynn called the closed session to order at 4:53 p.m.

2. Roll Call

Present: Mike Casey
H. Welton Flynn
Michael Kasolas
James McCray, Jr.

Absent: Shirley Breyer Black
Enid Lim
Cleopatra Vaughns

Also present: Michael T. Burns, Director of Transportation
Roberta Boomer, Board Secretary
Robert Bryan, Deputy City Attorney
Lisa Mancini, Chief Operations Officer
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 (Black, Lim, and Vaughns-absent).

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:

Semen Frenklakh vs. CCSF, Superior Court #321363 filed on 6/16/01 in the amount of $2,100,000

RESOLUTION 02-095

On motion to approve:

ADOPTED: AYES - Casey, Flynn, Kasolas, and McCray

ABSENT - Black, Lim and Vaughns

5. 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
_X__ Hours
_X__ Benefits
_X__ Working Conditions
_X__ Other

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 5:40 p.m.

19. Announcement of Closed Session.

Chairman Flynn announced the board met in closed session to discuss Semen Frenklakh vs. CCSF with the city attorney. The board voted unanimously to settle the case (Black, Lim and Vaughns-Absent). They also met with their labor negotiator. There was no action taken.

(19.1) 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 the 30-day 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".

20. Motion to disclose or not disclose the information discussed in closed session.

On motion to not disclose the information discussed: unanimously approved (Black, Lim and Vaughns-absent).

21. (a) Fixing the wage schedule for Transit Operators, Classification 9163, as certified to the MTA Board, retroactive to July 1, 2002. (Explanatory documents include a staff report and resolution.)

No public comment.

There was no action taken on this item.

(b) Extending the deadline for fixing a wage schedule for Transit Operators, Classification 9163 for 30 days to September 24, 2002.

No public comment.

RESOLUTION 02-096

On motion to approve extending the deadline:

ADOPTED: AYES - Casey, Flynn, Kasolas, and McCray

ABSENT - Black, Lim and Vaughns

ADJOURN - The meeting was adjourned at 5:43 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.