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MTA BOARD MEETING MINUTES
TUESDAY, DECEMBER 3 , 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 4:03 p.m.

2. Roll Call

Present: Shirley Breyer Black
Mike Casey
H. Welton Flynn
Enid Lim
James McCray, Jr.
Cleopatra Vaughns

Absent: Michael Kasolas

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 November 19, 2002 Regular Meeting: unanimously approved (Kasolas-absent).

5. Communications

None.

6. Introduction of New or Old Business by Board Members

7. Director's Report (For discussion only)

-Special Recognition Award
-Ongoing Activities

December's Special Recognition Award goes to Kate Toran, Paratransit Coordinator. She works effectively with the paratransit broker, community groups and individuals to make sure Muni's Paratransit Program is receptive to its customers. Ms. Toran is a valuable asset to Muni. Chairman Flynn expressed his appreciation on behalf of the Board.

Director Burns invited the MTA Board to Muni's Annual Holiday Open House to be held on December 12 from 9:00 a.m. to noon. It will be at 401 Van Ness. All employees are invited.

8. Citizen's Advisory Council Report

No report was made.

9. Public Comment

Barry Taranto offered his congratulations to Kate Toran, calling the award well deserved. He asked about the DPT monthly citation and revenue reports as they were useful, and showed trends in violations and revenues. He noted that cab drivers are taking money from customers to pay the higher gates and cab companies and drivers aren't happy. He also discussed the two ramped taxis that don't take script and wondered how that could be.

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 the MTA:

Farmers Insurance/Sergio Perez vs. CCSF, Unlitigated Claim 0203825 filed on 6/4/02 for $5,315.76
Teresa & Chirki Ki Luk vs.CCSF, Unlitigated Claim #01T065521 filed on 5/20/02 for $7,848.04
Gordon Su et. al. vs. CCSF, Unlitigated Claim #01T065520 filed on 5/15/02 for $9,040.44
Maria Suarez vs. CCSF, EEOC #3701200559, filed on 3/27/02 for $15,000
Angelina Nelson vs. CCSF, EEOC #370A200788, filed on 4/19/02 for $25,000
Carla Kincaid-Yoshikawa and Mitsu Yoshikawa vs. CCSF et al., Superior Court #321445 filed on 7/10/01 for $85,000 ($75,000 to be reimbursed by Michael Gharib)

RESOLUTION 02-146

(10.2) Approving the designation of seven street-artist selling spaces at Harvey Milk Plaza, from December 4, 2002, through January 15, 2003. (Explanatory documents include a staff report, and resolution) (MUNI)

RESOLUTION 02-147

(10.3) Authorizing the Director to accept and expend $112,000 in FY 02/03 Transportation Fund for Clean Air from the Bay Area Air Quality Management District to stripe and sign bike lanes on Cabrillo Street. (Explanatory documents include a staff report, resolution and map.) (DPT)

RESOLUTION 02-148

(10.4) Approving the plans and specifications, and authorizing the Director to advertise bid call for Contract No. MR-1187, No 6 Parnassus/No. 7 Haight Trolley Overhead Reconstruction. (Explanatory documents include a staff report, resolution and financial plan.) (MUNI)

RESOLUTION 02-149

(10.5) Approving the plans and specifications and delegating to the Director of Public Works the authority to advertise and award Department of Public Works Contract Specification No. 0439J, Van Ness Avenue Pedestrian Safety Improvements Phase 2; CML-5934 (105), to the lowest responsive, responsible bidder. (Explanatory documents include a staff report, resolution and financial plan.) (DPT)

RESOLUTION 02-150

(10.6) Approving the plans and specifications and delegating to the Director of Public Works the authority to advertise and award Department of Public Works Contract No. 0742J, West Approach Overhead Signs, to the lowest responsive, responsible bidder (Explanatory documents include a staff report, resolution and financial plan.) (DPT)

RESOLUTION 02-151

(10.7) Accepting Contract No. CS-118, As-needed Rail Engineering Services with Parsons, Brinckerhoff, Quade and Douglas, approving the final contract amount of $992,887.54, and approving the closeout of the contract. (Explanatory documents include a staff report, and resolution) (MUNI)

RESOLUTION 02-152

(10.8) Accepting Contract No. CS-107, As-Needed Professional Engineering Services with Olivia Chen Consultants, approving the final contract amount of $771,857.51, and approving the closeout of the contract. (Explanatory documents include a staff report, and resolution) (MUNI)

RESOLUTION 02-153

(10.9) Accepting Contract No. CS-108, As-needed Systems Engineering Services with Parsons, Brinckerhoff, Quade and Douglas, approving the final contract amount of $689,438.06, and approving the closeout of the contract. (Explanatory documents include a staff report, and resolution) (MUNI)

RESOLUTION 02-154

No public comment.

Chairman Flynn asked that the Suarez and Nelson cases be severed and scheduled for a closed session at a subsequent meeting.

On motion to approve the Consent Calendar (Suarez and Nelson cases severed):

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

ABSENT - Kasolas

REGULAR CALENDAR

MUNICIPAL RAILWAY

11. Adopting the Final Draft Amendment to the FY2002-2021 Short Range Transit Plan and directing staff to submit it to MTC for funding consideration by December 31, 2002. (Explanatory documents include a staff report, resolution and amendment.)

Director Burns noted that the board had received the final draft at a recent board meeting and the public comment period has been closed.

No public comment.

RESOLUTION 02-155

On motion to approve:

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

ABSENT - Kasolas

12. Authorizing the Director to procure construction of the Metro East Project by the Construction Manager/General Contractor method and waiving the competitive bidding and contracting procedures of Chapter 6 of the Administrative Code, subject to Board of Supervisors approval. (Explanatory documents include a staff report, resolution, schedule and ordinance.)

RESOLUTION 02-156

On motion to approve:

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

ABSENT - Kasolas

RECESS REGULAR MEETING AND CONVENE CLOSED SESSION

CLOSED SESSION

1. Call to Order

Chairman Flynn called the closed session to order at 4:29 p.m.

2. Roll Call

Present: Shirley Breyer Black
Mike Casey
H. Welton Flynn
Enid Lim
James McCray, Jr.
Cleopatra Vaughns

Absent: Michael Kasolas

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
Gina Rocanova, 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 (Kasolas-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:

(4.1) Approving settlement of Deborah Quinn-Carpenter vs. CCSF et. al, Superior Court #403636, filed on 1/18/02 in the amount of $150,000

RESOLUTION 02-157

On motion to approve:

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

ABSENT - Kasolas

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 4:57 p.m.

13. Announcement of Closed Session.

Chairman Flynn announced the board met in closed session to discuss Quinn-Carpenter case with the city attorney. The board voted unanimously to settle the case.

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

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

ADJOURN - The meeting was adjourned at 4:59 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.