Meetings

Directors Present (15): Directors Ammiano, Boro, Brown, Cochran, Eddie, Hernández, Martini, Murray, Pahre, Reilly, Sandoval and Stroeh; Second Vice President Harrison; First Vice President Middlebrook; President Smith

Directors Absent (3): Directors Kerns, McGoldrick and Shahum

Staff Present: General Manager Celia G. Kupersmith; District Engineer Denis J. Mulligan; Auditor-Controller Joseph M. Wire; Secretary of the District Janet S. Tarantino; Attorney David J. Miller; Deputy General Manager/Bridge Division Kary H. Witt; Deputy General Manager/Bus Division Susan C. Chiaroni; Deputy General Manager/Ferry Division James P. Swindler; Planning Director Alan R. Zahradnik; Public Affairs Director Mary C. Currie; Marketing and Communications Director Linda J. Mitchell; Security and Emergency Management Specialist Manager Lisa Locati; Budget and Program Analysis Manager Jennifer Mennucci; Executive Assistant to the General Manager Amorette Ko; Assistant Clerk of the Board Trainee Patsy Whala; Lieutenant Fenstermaker

Visitors Present: Craig Tackabery and Amy Van Doren, Marin County Transit District

President Smith advised that the matter listed on the Agenda as Item No. 5.B.3., Claim of John Soffer, should be severed from the Consent Calendar and acted upon separately, as new information relative to the claim had been received subsequent to the posting of the Agenda.

Directors STROEH/MARTINI moved approval of the Consent Calendar. All items were approved by the following vote of the Board of Directors:

AYES (15): Directors Ammiano, Boro, Brown, Cochran, Eddie, Hernández, Martini, Murray, Pahre, Reilly, Sandoval and Stroeh; Second Vice President Harrison; First Vice President Middlebrook; President Smith
NOES (0): None
ABSENT (3): Directors Kerns, McGoldrick and Shahum

Approve the Minutes of Regular Meeting of the Board of Directors of November 5, 2004

Carried

Denial of Claims

1. Subrogation Claim of California State Automobile Association
Inter-Insurance Bureau (Insured: Holly and Kenneth Hoppe) Carried
2. Claim of Alexis G. Denny Carried
3. Claim of Gemma Luna Carried
4. Insufficient Claim of Louvenia Jackson Carried

Deny Amended Claim of John Soffer

Attorney Miller reported that with respect to Item 5.B.3., listed on the Agenda as Claim of John Soffer, which was severed from the Consent Calendar, the claimant’s representative has amended the claim by indicating that the amount claimed will be in excess of $25,000. Mr. Miller stated that the claimant has submitted the claim in proper form. He recommended that the Board of Directors approve a motion to deny the Amended Claim of John Soffer.

Directors STROEH/MARTINI moved and seconded to deny the Amended Claim of John Soffer on its merits.

Carried

GENERAL MANAGER'S REPORT

Authorize Actions Relative to the Petition for Recognition of Employee Unit Comprised of Patrol Officers

Attorney Miller stated that subsequent to posting the Agenda, the District received a petition for recognition from Operating Engineers, Local No. 3, to represent the Patrol Officers.

Directors STROEH/MIDDLEBROOK moved that the matter of, Authorize Actions Relative to the Petition for Recognition of Employee Unit Comprised of Patrol Officers, be added to the agenda of the Board of Directors for consideration at its meeting of November 19, 2004, as permitted by the Brown Act, as this matter arose subsequent to the posting of the agenda and requires immediate attention.

Carried

AYES (15): Directors Ammiano, Boro, Brown, Cochran, Eddie, Hernández, Martini, Murray, Pahre, Reilly, Sandoval and Stroeh; Second Vice President Harrison; First Vice President Middlebrook; President Smith
NOES (0): None
ABSENT (3): Directors Kerns, McGoldrick and Shahum

Discussion Relative to Petition for Recognition

General Manager Celia Kupersmith stated that having reviewed the petition from Operating Engineers, Local No. 3, she is satisfied that the unit in question is an appropriate one for bargaining purposes. There is an adequate community of interest and the petition is supported by an adequate showing of interest. Accordingly, she advised that it would be appropriate to direct a secret ballot election to be conducted by the State Conciliation Service.

Director Middlebrook inquired as to why the Patrol Officers should be represented by Operating Engineers, Local No. 3, since it is a union comprised mostly of construction workers. In response, President Smith stated that Operating Engineers, Local No. 3, has a division that represents public employees with membership at approximately 32,000. In addition, Deputy General Manager/Bridge Division Kary Witt stated that Operating Engineers, Local No. 3, represent over fifty police agencies throughout the western portion of the United States.

Authorize Actions Relative to the Petition for Recognition of Employee Unit Comprised of Patrol Officers

Directors STROEH/EDDIE
Resolution No. 2004-107 authorizes actions relative to a petition from the Operating Engineers, Local No. 3, for recognition of an employee unit comprised of Patrol Officers, as follows:

a. Ratify the General Manager’s determination as appropriate for collective bargaining, a unit of Patrol Officers; and,
b. Authorize a secret ballot election to be conducted by the State Conciliation Service to determine whether or not Patrol Officers desire to be represented by the Operating Engineers, Local No. 3.
Adopted

AYES (15): Directors Ammiano, Boro, Brown, Cochran, Eddie, Hernández, Martini, Murray, Pahre, Reilly, Sandoval and Stroeh; Second Vice President Harrison; First Vice President Middlebrook; President Smith
NOES (0): None
ABSENT (3): Directors Kerns, McGoldrick and Shahum

Approve an Agreement with the Marin County Transit District for the Provision of Intra-County Public Bus Transit Service in Marin County

President Smith, as Chair of the Negotiating Committee for Marin Local Service Contract, introduced this item, expressing appreciation to District staff and the other members of the Negotiating Committee for their countless hours of dedicated research and discussions over the past 15 months leading up to the final presentation of the negotiated contracts. He acknowledged the contributions of his fellow members of the Committee, including First Vice President Middlebrook, Second Vice President Harrison and Director Stroeh.

Celia Kupersmith provided a PowerPoint presentation to the Board of Directors, outlining the challenges and issues that faced the Negotiating Committee. Ms. Kupersmith acknowledged the members of the Marin County Transit District (MCTD) Team, including Supervisors Steve Kinsey and Annette Rose; Transportation Authority of Marin (TAM) members Dick Swanson and Paul Albritton; plus, MCTD staff and consultants. She described in detail how the terms of the new contract addressed each of the six key issues that faced the Committee. She noted that the passage of Measure A, the Marin County Half-Cent Transportation Sales Tax, on November 2, 2004, will help fund existing local transit in Marin County. She also described the negotiated service costs and revenue sharing, noting that the Committee negotiated a payment plan for the $1,728,063 still owed to the District by the MCTD retroactively for service provided between November 2003 and October 2004. She stated that MCTD would be offered a 50% discount if paid immediately, or could pay the amount in full spread over three annual installments. Ms. Kupersmith further outlined a comparison between the existing MCTD local service contract and the proposed new contract, noting that the costs for the new contract have been factored into the Fiscal Year 2005 Budget.

A lengthy discussion ensued, including the following salient points:

Director Reilly and President Smith expressed their dissatisfaction with the proposed new contract for Marin local bus service, stating that the contract is overly generous to Marin County. Director Reilly particularly objected to the proposed 50% discount for the retroactive payment, given the District ’s ongoing financial crisis. She expressed her opposition to the contract provision for the four, relatively expensive, local “transition routes,” which will not come under the responsibility of MCTD until after the end of the proposed 18-month contract period.

Director Cochran inquired as to the rationale behind the 50% discount offered to MCTD. In response, Ms. Kupersmith stated that such a discount was offered to MCTD as an incentive to approve contract terms that were favored by the District, and that will move the contractual relationship in a new direction. She clarified that MCTD has until December 31, 2004 to take advantage of the 50% discount; thereafter, they would need to pay the entire retroactive payment amount of $1,728,892 over three annual installments.

Directors Harrison, Middlebrook and Stroeh, members of the Negotiating Committee, expressed their support for the proposed contract and urged the members of the Board of Directors to approve the contract as presented. Director Stroeh commented that the outcome of the contract negotiations represents a turning point in the relationship between the District and MCTD. Director Middlebrook emphasized that remarkable progress had been made over the past 15 months to develop the new contract, particularly in determining new, realistic service costs. She further stated that while the negotiated contract may not be perfect, it is important to remain mindful of providing the best possible service to the District’s transit customers. Director Harrison noted that the contract includes a requirement that negotiations be complete at the end of a 12-month period, by November 1, 2005, to either continue the contractual relationship or terminate it at the end of the contract, so that each agency has a full six months to implement whatever is ultimately decided as the best long-term course of action.

In response to inquiries from Director Sandoval regarding the historical context of the proposed contract and the current costs of providing service, Ms. Kupersmith and Joseph Wire explained how the District ’s total costs of providing Marin local bus service compare with the negotiated costs in the new contract.

Director Murray expressed her support for the proposed contract, recognizing the tremendous accomplishment of staff and the Negotiating Committee to determine which agency should be the responsible for which routes, a laborious process that began with the 2003 service reduction analysis. She complimented both sides of the negotiating teams for achieving clarity, certainty, cooperation and compromise for the benefit of local transit customers. She further stated that with the passage of Measure A, MCTD will now have the wherewithal to explore creative, alternative types of local bus service.

Director Martini expressed his support for the proposed contract, pointing out that the District provides transit to alleviate traffic congestion on the Golden Gate Bridge, as well as the entire Golden Gate Corridor. He noted that it is significant that the residents of Marin County voted to tax themselves for transportation improvements that will help provide regional traffic relief.

Director Hernández inquired as to whether it would be appropriate to amend the recommendation with regards to the terms for the retroactive payment amount of $1,728,892. Following discussion by the Board members present, Director Hernández stated that she would not propose an amendment relative to the retroactive payment clause.

Director Ammiano stated that he was encouraged by the healthy debate among Board members regarding the proposed contract and the evident change in direction in the contractual relationship between MCTD and the District, which will better balance the needs of San Francisco, Marin and the region at large. In response to his inquiry relative to indemnification for the District in case of breach of contract, Attorney Miller replied that the District would retain legal protections in the case of any failure to deliver on contract obligations. Director Ammiano further suggested that monitoring mechanisms be in place prior to renegotiation of the contract with MCTD and that minority opinions be made part of the public record so that dissenting concerns are properly recorded.

Director Boro expressed his support for the proposed contract, noting that another important reason the District established transit service across the Golden Gate Bridge was to alleviate traffic congestion in the streets of San Francisco. He reminded the Board that Marin County residents also contribute towards transit through Bridge tolls they pay that subsidize transit. He emphasized the need to take a hard look during the next 12 months about the District’s future direction regarding local transit, with the overriding thought of how transit customers could best be served by both the District and MCTD.

Director Eddie noted that the District and MCTD have an obligation to the public to provide excellent transit service, and expressed his thanks to the residents of Marin for passing Measure A and allowing the District to continue providing such service without additional, significant service reductions.

Directors BORO/MARTINI
Resolution No. 2004-108 approves an 18-month agreement between the Golden Gate Bridge, Highway and Transportation District and the Marin County Transit District for the provision of intra-county public bus transit service in Marin County, effective November 1, 2004, through April 30, 2006.

Adopted

AYES (13): Directors Ammiano, Boro, Brown, Cochran, Eddie, Hernández, Martini, Murray, Pahre, Sandoval and Stroeh; Second Vice President Harrison; First Vice President Middlebrook
NOES (2): Director Reilly; President Smith
ABSENT (3): Directors Kerns, McGoldrick and Shahum

Approve an Agreement with the Marin County Transit District for the Provision of Intercounty Paratransit Services

Directors BORO/MARTINI
Resolution No. 2004-109 approves an 18-month agreement between the Golden Gate Bridge, Highway and Transportation District and the Marin County Transit District for the provision of inter-county paratransit services associated with the District’s regional fixed route services, effective November 1, 2004, through April 30, 2006; with the understanding that for the period of the 18-month contract, the Golden Gate Bridge, Highway and Transportation District will continue to be responsible for funding regional inter-county paratransit trips, and the Marin County Transit District will continue to be responsible for funding local intra-county paratransit trips associated with both its local routes and the District ’s regional routes.

Adopted

AYES (13): Directors Ammiano, Boro, Brown, Cochran, Eddie, Hernández, Martini, Murray, Pahre, Sandoval and Stroeh; Second Vice President Harrison; First Vice President Middlebrook
NOES (2): Director Reilly; President Smith
ABSENT (3): Directors Kerns, McGoldrick and Shahum

Authorize Award of Contract No. 2005-/BT-1, Leasing of Bus Tires, to The Goodyear Tire & Rubber Company

Directors BROWN/BORO
Resolution No. 2004-110 authorizes award of Contract No. 2005-BT-1, Leasing of Bus Tires, to The Goodyear Tire & Rubber Company, Akron, OH, in the approximate amount of $1,736,645.59, for a five-year term, commencing February 1, 2005; with the understanding that requisite funds are included in the Fiscal Year 2005 Bus Division Operating Budget.

Adopted

AYES (13): Directors Ammiano, Boro, Brown, Cochran, Eddie, Hernández, Martini, Pahre, Reilly and Stroeh; Second Vice President Harrison; First Vice President Middlebrook; President Smith
NOES (0): None
ABSENT (5): Directors Kerns, McGoldrick, Murray, Sandoval and Shahum

Receive the Independent Auditor’s Reports and the Financial Statements for the Year Ending June 30, 2004, as Submitted by Macias, Gini & Company, LLP

Directors STROEH/MARTINI
Resolution No. 2004-111 receives the Independent Auditor’s Reports, Financial Statements and Memorandum on Internal Controls for the Year ending June b 30, 2004, as submitted by Macias, Gini & Company, LLP.

Adopted

AYES (12): Directors Ammiano, Cochran, Eddie, Hern ández, Martini, Pahre, Reilly, Sandoval and Stroeh; Second Vice President Harrison; First Vice President Middlebrook; President Smith
NOES (0): None
ABSENT (6): Directors Boro, Brown, Kerns, McGoldrick, Murray and Shahum

Authorize Execution of a Second Amendment to the Professional Services Agreement with John Glenn Adjusters and Administrators, Inc., for a One-Year Extension to Provide Public Liability Claims Investigation and Adjustment Services for the Bridge and Bus Divisions

Directors STROEH/EDDIE
Resolution No. 2004-112 authorizes execution of a second amendment to the Agreement for Professional Services with John Glenn Adjusters and Administrators, Inc., for a one-year extension from July 1, 2004, through June 30, 2005, under the same terms and conditions as the current agreement, to provide public liability claims investigation and adjustment services for the Bridge and Bus Divisions; with the understanding that requisite funds are available in the Fiscal Year 2005 Bridge and Bus Division Operating Budgets.

Adopted

AYES (12): Directors Ammiano, Cochran, Eddie, Hern ández, Martini, Pahre, Reilly, Sandoval and Stroeh; Second Vice President Harrison; First Vice President Middlebrook; President Smith
NOES (0): None
ABSENT (6): Directors Boro, Brown, Kerns, McGoldrick, Murray and Shahum

Authorize Execution of a Professional Services Agreement with Redman Ventures, Inc., to Build and Test an Interface between the District’ s FasTrak™ Software and the Regional Customer Service Center Software

Directors STROEH/HARRISON
Resolution No. 2004-113 authorizes execution of a sole source Professional Services Agreement with Redman Ventures, Inc., in an amount not to exceed $176,245, to build and test an interface between the District’s FasTrak™ Plaza/Host computer system and the FasTrak™ Regional Customer Service Center computer system, effective November 19, 2004 through June 30, 2005; and, establish a contingency reserve for change orders in the amount of $17,625; with the understanding that requisite funds are available in the Fiscal Year 2005 Bridge Division Operating Budget.

Adopted

AYES (11): Directors Ammiano, Cochran, Eddie, Hern ández, Martini, Pahre, Reilly, Sandoval and Stroeh; Second Vice President Harrison; President Smith
NOES (0): None
ABSENT (7): Directors Boro, Brown, Kerns, McGoldrick, Murray and Shahum; First Vice President Middlebrook

Authorize Award of Contract No. 2005-BT-7, Security Guard Services for Bus and Ferry Facilities, to First Alarm Security & Patrol, Inc.

Directors EDDIE/MARTINI
Resolution No. 2004-114 authorizes award of Contract No. 2005-BT-7, Security Guard Services for Bus and Ferry Facilities, to First Alarm Security & Patrol, Inc., Aptos, CA, in an amount not to exceed $612,330, for a two-year term, effective January 1, 2005, with a one-year option to extend at the same terms and conditions, with the exception of a cost increase, not to exceed five percent, subject to satisfactory documentation of the Contractor’s increased cost, with the understanding that requisite funds are available in the Fiscal Year 2005 Bus and Ferry Division Operating Budgets.

Adopted

AYES (11): Directors Ammiano, Eddie, Herná ndez, Martini, Pahre, Reilly, Sandoval and Stroeh; Second Vice President Harrison; First Vice President Middlebrook; President Smith
NOES (0): None
ABSENT (7): Directors Boro, Brown, Cochran, Kerns, McGoldrick, Murray and Shahum

Authorize Award of Contract No. 2005-B-5, Janitorial Services at Golden Gate Bridge Toll Plaza Facilities, to Victor Maintenance Company, Inc.

Directors EDDIE/STROEH
Resolution No. 2004-115 authorizes award of Contract No. 2005-B-5, Janitorial Services at Golden Gate Bridge Toll Plaza Facilities, to Victor Maintenance Company, Inc., San Bruno, CA, in the amount of $150,000, for a two-year period, effective January 1, 2005, with a successive one-year option, at an increase not to exceed five percent, subject to satisfactory documentation of the Contractor’s increased cost, with the understanding that requisite funds are included in the Fiscal Year 2005 Bridge Division Operating Budget.

Adopted

AYES (11): Directors Ammiano, Eddie, Herná ndez, Martini, Pahre, Reilly, Sandoval and Stroeh; Second Vice President Harrison; First Vice President Middlebrook; President Smith
NOES (0): None
ABSENT (7): Directors Boro, Brown, Cochran, Kerns, McGoldrick, Murray and Shahum

Announcement of the Advisory Committee for Nomination of Officers of the Board of Director for 2005-2006

President Smith announced the formation of the Advisory Committee for Nomination of Officers of the Board of Directors for 2005-2006, to include the following members: Chair Stroeh and Directors Eddie, Kerns, Reilly and Shahum.