return to MTA 2002 agendas and minutes

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4:00 - REGULAR MEETING

ORDER OF BUSINESS

1. Call to Order

Chairman Flynn called the meeting to order at 4:05 p.m.

2. Roll Call

Present: Shirley Breyer Black
Mike Casey
H. Welton Flynn
Michael Kasolas
Enid Lim
James McCray, Jr.
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 20, 2002 Regular Meeting: unanimously approved (Casey, Lim-absent).

5. Communications

None.

6. Introduction of New or Old Business by Board Members

None.

7. Director's Report (For discussion only)

-Special Recognition Award
-Customer and Employee Surveys
-Ongoing Activities

Director Burns is pleased to announce that Bud McNaughton, Superintendent of Training, will receive the Special Recognition Award this month. He is currently responsible for training new operators and providing refresher training for over 300 operators per year. He has been instrumental in bringing the Ambassador program in-house and getting the Training Department ready for the CPUC audit. Bud McNaughton thanked Mr. Burns for the award adding that it has been a privilege to work with Curtis Green and Michael T. Burns, two of the most proactive administrators during his career. Chairman Flynn offered congratulations on behalf of the board.

Mr. Burns announced that this year's Safe Driver Award Banquet would be held on Saturday, September 28, at the St. Francis hotel. This will be its 19th year. Organized by Muni and the JLMB, it will honor 312 operators with 15 to 37 years of accident free driving.

Car Free Day will be held on Friday, September 27. At request of Mayor Brown and Supervisor Sophie Maxwell, Muni helped to organize it. There will be some reroutes to service to accommodate the event. DPT has been coordinating logistics to make sure the street closures will be smooth.

Michael Burns accepted the Bay Area Air Quality Management District "Clean Air Champion" Award on behalf of Muni. This award recognizes individuals and organizations that provide reasonable and reliable alternatives to cars. Muni was recognized for upgrading the bus fleet, with over half of the trips taken on zero emission vehicles, and for the installation of bike racks.

Last Sunday, San Francisco hosted the SF Grand Prix, a bike race that is actually three races at one time. The crowd was estimated at 400,000. Also on that day there were Forty-Niner and Giants games. Muni employees worked hard and deserve to be acknowledged.

Mr. Burns reminded the board that the APTA Annual Conference and Rodeo starts this weekend. Chairman Flynn will be honored as the Transit Board Member of Year, and Muni's Rodeo team will compete for top honors. Muni will receive an "Adwheel" award in the billboard category. He also congratulated Director Vaughns on her appointment to the APTA Board of Directors.

DPT Deputy Director Fred Hamden reviewed the triple-header of sporting events last Sunday noting that DPT staff started towing cars late Saturday night. DPT staff made sure that the streets were safe and as smooth as possible. The Parking Authority also played a significant role by providing free parking and shuttle service at four facilities.

On Sept. 11, the DPT Traffic Signal Shop reprogrammed 650 intersection signals to flash to commemorate the first anniversary of the 9/11 attacks.

The Chronicle ran a series of ads acknowledging city departments for sprucing up the Mid-Market area. DPT was part of that effort and appreciates being thanked for doing their job.

David Binder presented the 2nd Annual Passenger and Employee Surveys. Over 90% of Muni employees are satisfied with their jobs and are proud of the work they do with 62% seeing an improvement in service over last year. Over 400 riders were surveyed. 57% rated service as good or excellent, which is a substantial increase from last year's rating of 49%. Negative ratings of service dropped in half, from 17 to 8%. The most commonly reported aspects that passengers would like to see improved are frequency of service, more timely and accurate service and improved reliability and cleanliness. Their top priorities include safety, reliability and frequency. Both employees and riders are noticing improvements.

Director Burns asked the board to adjourn the meeting in memory of three employees who passed away recently, Don Chee, Bill Hayward, and Robert Mason. Don Chee who oversaw the F-line construction, passed away on August 26 after a brief bout with cancer. Bill Hayward was an electronics technician at Green and was the first person to be called when help was needed. Robert Mason worked for over 30 years with city, most recently as an assistant to the General Manager. He was also a champion in his community. Muni offers condolences to each of family.

8. Citizen's Advisory Council Report

No report was presented.

9. Public Comment

Richard Midgett discussed an incident where an operator pulled out 4.5-inch knife. He called police who confiscated the knife. Muni didn't respond to his complaint and he was denied an opportunity for a hearing. He thinks Muni should have a policy against carrying weapons. He noted that Fred Stephens did look into the situation but everyone else dropped the ball. (Chairman Flynn stated that staff would investigate.)

Barry Taranto thanked Ricardo Olea for resignalizing Potrero Street. He asked staff to look into resignalizing Stockton Street after 9:00 p.m. He also asked for more enforcement in the Market and Castro area to get double parkers and that a light should be installed the Loomis and Oakdale stop as the back up is atrocious. He noted that Muni Inspector #460 continues to harass cab drivers.

Roger Bazeley has a basic macro concern which is the large spending gap in monies invested in traffic safety. He hopes that the merger would solidify and strengthen funds for DPT. He suggests installing a ladder crosswalk at the Presidio Middle School.

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:

• Kendra Marshall vs. CCSF, Superior Court #319432, filed on 3/7/01 in the amount of $500
  
• Eugenia and Cassandra Robinson vs. CCSF, Superior CT #01319546 filed on 3/18/01 in the amount of $3,600
  
• Amparo Ortega vs. CCSF, Superior Court #400956, filed on 11/06/01 in the amount of $5,000
  
• Ching Sau Hing vs. CCSF, Unlitigated Claim #01B1346 filed on 4/8/02 in the amount of $6700
  
• Jerry Thompson vs. CCSF, Superior CT #408841 filed on 6/7/02 in the amount of $7500
  
• Yellow Cab vs. CCSF, Unlitigated Case #01S0313, filed on 4/2/02 in the amount of $8015.46
  
• Geico Insurance vs. CCSF, Unlitigated Case #0203364 filed on 4/26/02 in the amount of $10,482.01
  
• Lawrence Lee vs. CCSF, Unlitigated Claim #01T0655, filed on 2/28/02 in the amount of $31,180

RESOLUTION 02-097

(10.2) Approving the following traffic modifications:

• Perpendicular (90-degree angle) parking - Establish

  Minnesota Street, east side, from 18th Street to 200 feet southerly;
  Minnesota Street, west side, from 19th to 20th Streets;
  19th Street, north side, from Minnesota Street to 95 feet northerly; and,
  Wisconsin Street, west side, from 124 feet north of 23rd Street to Madera Street.

• Tow-away, No Stopping Anytime - Establish

  16th Street, south side, from 247 feet to 293 feet west of Potrero Avenue (46-foot zone).

• Residential Limit Parking Area "J" (Two-Hour Time Limit, 8 AM To 5 PM, Monday Through Friday) - Establish

  Waller Street, both sides, between Belvedere and Cole Streets.

• Residential Limit Parking Area "Z" (Two-hour Time Limit, 8 AM To 6 PM, Monday Through Friday) - Establish

3301-3303 Mission Street, between Fair and Virginia Avenues (adds specified addresses only).

• Tow-Away, No Stopping, 7 AM To 9 AM, Monday Through Friday - Rescind
  
• Tow-Away No Stopping, 6 AM To 10 AM And 3 PM To 7 PM, Monday Through Friday - Establish

Ulloa Street, north side, between Lenox Way and Wawona Street.

• Unmetered Motorcycle Parking - Establish

Taylor Street, west side, from 70 feet to 94 feet north of Clay Street

• Unmetered Motorcycle Parking, 10 AM To 4 PM, Monday Through Saturday - Establish

  Geary Street, north side, from 59.5 feet to 77 feet east of Larkin Street

• Tow-Away, No Stopping Anytime - Rescind

  Natick Street, east side, from 126 feet to 135 feet south of Chenery Street (nine foot portion of existing zone).

• Tow-Away, No Parking Anytime - Establish

  St. Charles Avenue, east side, between the County line and Niantic Avenue;
  St. Charles Avenue, west side, between BART parking lot entrance and the county line
  Tennessee Street, east side, from 70 feet to 160 feet north of Cesar Chavez Street and,
  Ashbury Street, west side, from Downey Street to 15 feet northerly.

• Tow-Away Lane, Must Turn Right - Rescind

  6th Street, northbound at Bryant Street.

• One-Hour Parking, November To March, 9 AM To 6 PM, Except Sunday / April To October, 9 AM To 10 PM, Monday Through Friday And 9 AM To 6 PM, Saturday And Sunday - Rescind And Parking Meter Area No. 3 (One-Hour Parking Time Limit, 9 AM To 6 PM, Monday Through Saturday) - Extend

  2nd Street, east side, between King and Townsend Streets.

• Angled (60-Degree Angle) Parking - Establish

  Missouri Street, east side, from 23 feet to 134 feet north of Cesar Chavez Street.

  (Explanatory documents include a staff report and resolution.)

RESOLUTION 02-098

(10.3) Extending the deadline for fixing a wage schedule for Transit Operators, Classification 9163 to November 19, 2002. (Explanatory documents include a staff report and resolution.)

RESOLUTION 02-099

(10.4) Authorizing the Director to issue a Request for Proposals for the selection of a Leveraged Lease Advisor in connection with possible leveraged lease-leaseback transactions. (Explanatory documents include a staff report, resolution and RFP.)

RESOLUTION 02-100

(10.5) Authorizing the Director to issue a Request for Proposal for towing, storage and disposal services for abandoned and illegally parked vehicles for a term of five years. (Explanatory documents include a staff report, resolution and RFP.)

RESOLUTION 02-101

(10.6) Accepting the work performed with Contract No. MR-1115, No. 1 California/No. 4 Sutter Trolley Overhead Reconstruction with Abbett Electric Corporation as being completed, approving Contract Modification No. 5, which reduces the contract amount by $37,800.49, and approving the closeout of the contract. (Explanatory documents include a staff report, resolution, contract modification and budget.)

RESOLUTION 02-102

(10.7) Authorizing the Director to apply for, accept and expend up to $398,000 in State Pedestrian Safety Program grant funds for the implementation of the Mission/Tenderloin Pedestrian Safety Project. (Explanatory documents include a staff report, and resolution.)

RESOLUTION 02-103

(10.8) Authorizing the Director to apply for, accept, and expend $254,800 in funds from the CEC Energy Efficiency Program to install BBS at 91 City intersections. (Explanatory documents include a staff report, list of intersections and resolution.)

RESOLUTION 02-104

(10.9) Authorizing the Director to apply for, accept, and expend up to $169,262 in State Environmental Justice and Community-Based Planning Grant funds to create Pedestrian Safety and Access Plans for the 24th/Cesar Chavez Street Corridor from Mission Street to Potrero Avenue, and for the arterials in the Tenderloin District. (Explanatory documents include a staff report, and resolution.)

RESOLUTION 02-105

(10.10) Authorizing the Director to apply for, accept and expend $98,762 in FY 02/03 "Safe Routes to School" construction grant program Assembly Bill 1475 to install sidewalk corner bulb outs, median refuge augmentation, replace existing school crosswalks with ladder-style crosswalks, and replace existing school crossing signs with high-visibility florescent yellow green signs. (Explanatory documents include a staff report and resolution.)

RESOLUTION 02-106

PUBLIC COMMENT: Roger Bazeley commended DPT for going after grant funds.

On motion to approve the Consent Calendar:

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

REGULAR CALENDAR

PARKING AUTHORITY

11. Approving the holiday carpool validation that offers free parking to patrons with three or more occupants in a vehicle at the Ellis O'Farrell Garage, the Fifth and Mission Garage, the Sutter-Stockton Garage and the Union Square Garage from November 1, 2002 through January 5, 2003 and approving free weekend parking rate and shuttle service from the Civic Center Garage from November 2, 2002 through January 5, 2003. (Explanatory documents include a staff report and resolution.)

No public comment.

RESOLUTION 02-107

On motion to approve:

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

MUNICIPAL RAILWAY

12. Authorizing an extension of time for award of Contract No. MR-1143, Third Street Light Rail Transit: Jerrold Avenue to Donner Avenue, to October 20, 2002; and authorizing the award of the contract to Mitchell Engineering-Obayashi Corporation, as the lowest responsive and responsible bidder, in the amount of $30,147,723. (Explanatory documents include a staff report, financial plan and resolution.)

PUBLIC COMMENT:

Michael Silver, President of Mitchell Engineering is looking forward to their partnership with Muni and the Bayview Hunter's Point community.

Charlie Walker said that he never thought that Muni would have a director that would take the concerns of community to heart. He acknowledged Michael Burns for his outreach to the community and for his efforts to accommodate their requests.

RESOLUTION 02-108

On motion to approve:

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

13. Authorizing the award of Contract No. MR-1144, Third Street Light Rail Transit: Donner Avenue to Hester Avenue, to Shimmick Construction Co.- Homer J. Olson, Inc., as the lowest responsive and responsible bidder, in the amount of $36,643,542. (Explanatory documents include a staff report, financial plan and resolution.)

PUBLIC COMMENT:

Michael Silva, speaking on behalf of Mitchell, protested the bid award. He stated that the documents were not submitted in timely manner and failed to meet bid specifications. He urged the board to reject the bid and award the contract to the next lowest bidder.

Darryl Bishop, Let's Get Busy, thinks that Shimmick should be disqualified and not awarded the contract because of their untimely submission of the documents.

Randall Smith, Stanton, Kay and Watson, representing the low bidder, reviewed the protests and noted that the rules allow for inconsequential deficiencies to be disregarded even if bid documents say it's mandatory. Shimmick met the DBE goal in timely manner with Form #1.

John Shimmick, President, Shimmick Construction said that the listing of subcontractors was correctly turned in with the bid but that signing all the various forms was confusing.

Allen Mims, Mongoose Trucking, is concerned about the bid award. The rules clearly say that if Form 2 isn't present, the bid would be rejected. He would like the board to look at it.

Charlie Walker noted that they need diversity in contracts in the Bayview Hunter's Point. One contractor is doing the bulk of the work and doing nothing to enhance job opportunities for young African American residents.

Chairman Flynn is very concerned about the difference between the engineers' estimate of what the job should cost and the cost submitted by bidders. It bothers him that change orders wind up costing more than the highest bidder. He asked that for all contracts that come to the board with a variance of a million dollars or more between the staff estimate and the contract award amount that staff provide a detailed worksheet that explains the difference.

In response to a question by Director McCray, Robert Bryan, Deputy City Attorney noted that other city departments have waived defects of this nature before and awarded the contract. The law is clear that it can be waived. This is a discretionary matter, which the city attorney has reviewed. They agree with staff that the issues are inconsequential as they don't affect the bid price and don't give a competitive advantage to the bidder.

RESOLUTION 02-109

On motion to approve:

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

NAYES - McCray, Lim

14. Establishing a Contracting Policy for the Municipal Transportation Agency which includes setting limits on contractual amounts for the Director, requiring all contracts to be in writing and other related matters. (Explanatory documents include a staff report and resolution.)

No public comment.

RESOLUTION 02-110

On motion to approve:

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

15. Authorizing the Director to execute Amendment No. 1 to Contract No. CS-124, As-Needed Professional Engineering Services, with Parsons Brinckerhoff Quade & Douglas, Inc. to revise the scope of services to include design and implementation support services for the Debit Card Project; and to add ACEx Technology and Acumen Building Enterprise as subconsultants, with no change to the term or the amount of the contract. (Explanatory documents include a staff report, amendment and resolution.)

No public comment.

RESOLUTION 02-111

On motion to approve:

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

16. Approving Amendment No. 3 to Contract No. CS-103, Consulting Engineering and Support Services for the Light Rail Vehicle Procurement, with Booz-Allen & Hamilton Inc., to extend the term of the Contract to October 8, 2005, with no change to the contract amount. (Explanatory documents include a staff report, amendment and resolution.)

No public comment.

RESOLUTION 02-112

On motion to approve:

ADOPTED: AYES - Black, Casey, Flynn, Kasolas, 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 5:40 p.m.

2. Roll Call

Present: Shirley Breyer Black
Mike Casey
H. Welton Flynn
Michael Kasolas
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 Hamdun, Deputy Director, Dept. of Parking & Traffic
Sallie Gibson, Deputy City Attorney
Louise Simpson, Deputy City Attorney
Vince Harris, Deputy Director, Construction
Dennis Tsai, Program Manager
Ben Leung, Project Manager
Lorraine Fuqua, Special Assistant, Dept. of Parking & Traffic

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:

Nelson Castillo and Dino Baello, et. al vs. CCSF, Superior CT #323188 and #324039 filed on 12/26/00 in the amount of $266,691.01

RESOLUTION 02-113

On motion to approve:

ADOPTED: AYES - Black, Casey, Flynn, Kasolas, 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:

___X___ As defendant _____ As plaintiff

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 6:20 p.m.

17. Announcement of Closed Session.

Chairman Flynn announced the board met in closed session to discuss Castillo & Baello vs. CCSF with the city attorney. The board voted unanimously to settle the case. They also met with their city attorney to discuss anticipated litigation with the city as defendant. There was no action taken.

18. 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 6:22 p.m. in memory of Don Chee, Bill Hayward and Robert Mason.

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 October 16, 2002.