Meetings

Staff Present: General Manager Celia G. Kupersmith; District Engineer Denis J. Mulligan; Auditor-Controller Joseph M. Wire; District Secretary 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; Deputy General Manager/Administration and Development Teri W. Mantony; Public Affairs Director Mary C. Currie; Planning Director Alan R. Zahradnik; Assistant Clerk of the Board Trainee Patsy Whala

Visitors Present: Captain Robert Morehen and Lieutenant Charles McLaughlin, California Highway Patrol; Lieutenant Colonel Doug Hart, Captain John T. Preston and Sergeant First Class Mark Bowers, California National Guard

Director Gerardo Sandoval led the Board of Directors in the Pledge of Allegiance to the Flag.

None

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

AYES (17): Directors Ammiano, Boro, Brown, Cochran, Eddie, Hernández, Kerns, Martini, Murray, Pahre, Reilly, Sandoval, Shahum and Stroeh; Second Vice President Harrison; First Vice President Middlebrook; President Smith
NOES (0): None
ABSENT (1): McGoldrick

Approve the Minutes of the Regular Meeting of the Board of Directors of November 19, 2004

Carried

a. Insufficient Claim of Teofilo Osera Pena, Jr.

Carried

b. Claim of Susanne Bersbach

Carried

c. Claim of Richard B. Sears

Carried

d. Subrogation Claim of United Services
Automobile Association Insurance Company
(Insured: James Bell)

Carried

e. Claim of Joseph Kaufman

Carried

f. Claim of Catherine Barnes

Carried

g. Application for Leave to Present Late Subrogation
Claim and Subrogation Claim of Republic Indemnity
Company of America
(Insured: San Francisco Minibus and Yossef Fridman)

Carried

Resolution No. 2004-116 (Finance-Auditing Committee, November 18, 2004) ratifies actions taken by the Auditor-Controller, as follows:

a. Ratify payment of bills totaling $28,846.00;
b. Ratify investments made by the Auditor-Controller during the period October 12, 2004 through November 08, 2004, as follows:

Security	Purchase Date	Maturity Date	Original Cost	Percent Yield
Sheffield Rec. Corp Comm. Paper	10/19/04	11/09/04	7,659,375.59	1.79
GECC Comm. Paper	10/19/04	11/09/04	5,959,101.28	1.78
FHLMC Note	10/27/04	10/06/06	6,656,726.70	2.75
FHLB Note	11/05/04	02/15/06	4,279,132.10	2.75

c. Authorize the Auditor-Controller to re-invest, within the established policy of the Board, investments maturing between November 09, 2004 and December 06, 2004, as well as the investment of all other funds not required to cover expenditures that may become available.

d. Accept the Investment Report for October 2004, prepared by Public Financial Management.

Adopted

Presentation of Retirement Gift to Robert Thiel, Electrical Superintendent, Bridge Division

President Stanley M. Smith presented a retirement gift to Robert Thiel, Electrical Superintendent, Bridge Division, for thirty years and six months of service, and expressed his best wishes for a long and happy retirement on behalf of the Board of Directors.

Presentation of Thirty-Year Service Award to Stephen Lee, Bridge Sergeant, Bridge Division

President Smith presented a Thirty-Year Service Award to Stephen Lee, Bridge Sergeant, Bridge Division, and expressed his congratulations on behalf of the Board of Directors.

Presentation of Employee of the Month Award for December 2004 to Gerardo Munsayac, Engineering Design Technician, District Division

President Smith presented the Employee of the Month Award for December 2004 to Gerardo Munsayac, Engineering Design Technician, District Division, and expressed his congratulations on behalf of the Board of Directors.

Presentation of Resolution of Appreciation to National Guard Officials

President Smith presented Lieutenant Colonel Doug Hart, Captain John T. Preston and Sergeant First Class Mark Bowers with a Resolution of Appreciation in recognition of the National Guard ’s dedicated service at the Golden Gate Bridge, Highway and Transportation District, and expressed best wishes to the men and women who serve in the National Guard, on behalf of the Board of Directors.

Attorney David Miller reported that all items contained in the Attorney ’s Report were informational. Mr. Miller further reported that a closed session would be held just prior to the conclusion of the meeting to discuss three matters of pending litigation, listed on the agenda as Item Nos. 6.B.1.a.1, Marion Fabrique vs. Golden Gate Bridge, Highway and Transportation District (District); 6.B.1.a.2., James Johnson vs. District; and, 6.B.1.b.1, Craig LaPointe vs. District.

District Engineer Denis Mulligan reported that all items contained in the Engineer’s Report were informational. He stated that installation of the temporary support structures at the Golden Gate Bridge South Approach Viaduct has been completed for the last time, in order to demolish Tower 1, which will be replaced as part of the Phase II Seismic Retrofit Project.

All remaining items contained in this report are informational, as the items requiring Board action were acted upon by the Board of Directors at its meeting of November 19, 2004.

Authorize Execution of an Amendment to the Professional Services Agreement with International Civil Engineering Consultants, Inc., to Increase the Scope of Work under Contract No. 2005-B-3, Analyze Computer Model of the Suspension Bridge, Relative to Phase III of the Golden Gate Bridge Seismic Retrofit Project

Directors SHAHUM/KERNS
Resolution No. 2004-117 authorizes execution of an amendment to the Professional Services Agreement with International Civil Engineering Consultants, Inc., in the amount of $105,000, for a total contract amount of $200,000, relative to Contract No. 2005-B-3, Analyze Computer Model of the Suspension Bridge, for additional scope of work required to analyze the computer model for the Golden Gate Bridge Seismic Retrofit Phase III project; with the understanding that requisite funds, 100% grant-funded, are available in the Fiscal Year 2005 District Division Capital Budget.

Adopted

AYES (17): Directors Ammiano, Boro, Brown, Cochran, Eddie, Hernández, Kerns, Martini, Murray, Pahre, Reilly, Sandoval, Shahum and Stroeh; Second Vice President Harrison; First Vice President Middlebrook; President Smith
NOES (0): None
ABSENT (1): McGoldrick

All remaining Non-Consent Calendar items contained in this report are informational, as the items requiring Board action were acted upon by the Board of Directors at its meeting of November 19, 2004.

Approve Continuation and Amendment to Letters of Agreement for Local Bus Transit Services to Schools Within the Ross Valley and Larkspur School Districts for the 2004/2005 School Year

Directors STROEH/SHAHUM
Resolution No. 2004-118 approves continuation of existing Golden Gate Transit public bus services to schools of the Ross Valley School District via Routes 123 and 127 and of the Larkspur School District via Route 117, through the 2004/2005 school year, at a cost rate of $113 per hour, effective March 1, 2005, in order to be consistent with the cost rate charged to the Marin County Transit District (MCTD) for similar local transit services; with the understanding that the District declines to contract with local school districts to provide these local routes to Marin County schools beyond the end of the 2004/2005 school year, and directs the school districts to work directly with the MCTD as the local transit service provider regarding future provision of these local services.

Adopted

AYES (17): Directors Ammiano, Boro, Brown, Cochran, Eddie, Hernández, Kerns, Martini, Murray, Pahre, Reilly, Sandoval, Shahum and Stroeh; Second Vice President Harrison; First Vice President Middlebrook; President Smith
NOES (0): None
ABSENT (1): McGoldrick

Authorize Execution of a Contract with the Marin County Transit District for a Six- Month Ride and Roll Program on Regional Bus Routes

Chair Stroeh presented the Committee’s recommendation to the Board for its approval on the above-referenced matter, as follows:

“Authorize execution of an agreement between the Golden Gate Bridge, Highway and Transportation District and the Marin County Transit District for the Ride and Roll Program on regional bus routes, for the period of January through June 2005, at a discounted monthly reimbursement rate of $7,150, with the understanding that the rate of reimbursement for future contracts may no longer be discounted.”

A lengthy discussion ensued, including the following salient points:

• Director Reilly made the following comments and inquiries:
  • She requested an explanation of the District’s Ride and Roll Program. In response, General Manager Celia Kupersmith provided a brief summary of the history of the Ride and Roll Program and how it works.
  • She inquired as to whether or not eligibility for the Ride and Roll Program is based on economic need. In response, Ms. Kupersmith stated that at this point in time it is not, although there has been discussion of developing a needs-based program or charging a small fare with each ticket.
  • She inquired as to how many students utilize the program and the amount of tickets that will be reimbursed to the District. In response, Ms. Kupersmith stated that there are approximately 40,000 student bus rides per month, and that the District will be reimbursed for about one-half of one-quarter of them or about 5,000 tickets.
  • She expressed her dissatisfaction with the concept of providing free bus rides to Marin County students, stating that it is not the District’s role to subsidize free bus rides with Golden Gate Bridge tolls.
  • She questioned the need to continue the program for another six months if the original goal of the program to increase student ridership has already been met.
  • She expressed her concerns that paying passengers would be inconvenienced by crowded conditions on the buses used by Ride and Roll students. In response, Ms. Kupersmith stated that such overcrowding as not been a factor since the program began, although any additional service that may be added due to overcrowded buses will be at the expense of MCTD.

 

• Director Harrison inquired as to which regional routes are being utilized by students. In response, Planning Director Alan Zahradnik stated that there are two GGT Routes that accounts for the vast majority of Ride and Roll tickets received on the District’s regional system. They are Route 53, which operates in Novato and Route 57, which operates between the San Rafael Transit Center and Novato.

• Director Brown stated that there is a definite need for the Ride and Roll Program. He emphasized the importance of the Board making decisions that will benefit all users of the District ’s services.

• Director Sandoval inquired regarding what percentage of the District’s cost is recovered from the Ride and Roll Program. In response, Ms. Kupersmith stated that the District recovers 100% of out-of-the-pocket costs to provide the service associated with the Ride and Roll Program.
• Director Martini expressed his support of the Ride and Roll Program because it is a positive approach in reducing traffic congestion. In addition, he stated that the program is an excellent tool to familiarize students with the concept of riding transit.

Directors STROEH/COCHRAN
Ordinance No. 2004-07 authorizes execution of a contract with Marin County Transit District for continuation of the Ride and Roll Program on Golden Gate Transit regional bus routes, from January 1, 2005 through June 30, 2005, with reimbursement to the Golden Gate Bridge, Highway and Transportation District to be in the fixed amount of $7,150 per month, plus $10,500 for printing of Ride and Roll youth tickets during the six months of the contract.

Adopted

AYES (17): Directors Ammiano, Boro, Brown, Cochran, Eddie, Hernández, Kerns, Martini, Murray, Pahre, Reilly, Sandoval, Shahum and Stroeh; Second Vice President Harrison; First Vice President Middlebrook; President Smith
NOES (0): None
ABSENT (1): McGoldrick

Authorize Extension of a Maintenance Agreement with InTranS Group, Inc., for Lane Hardware and Software Support Services for the FasTrak™ Project

Directors STROEH/EDDIE
Resolution No. 2004-119 authorizes extension of a Maintenance Agreement with InTranS Group, Inc., at a monthly rate of $25,483, for a total contract amount of $305,796, to provide lane hardware and software support services for the FasTrak™ project, for a one-year term effective February 1, 2005 through January 30, 2006; with the understanding that requisite funds are available in the Fiscal Year 2005 Bridge Division Operating Budget.

Adopted

AYES (18): Directors Ammiano, Boro, Brown, Cochran, Eddie, Hernández, Kerns, Martini, McGoldrick, Murray, Pahre, Reilly, Sandoval, Shahum and Stroeh; Second Vice President Harrison; First Vice President Middlebrook; President Smith
NOES (0): None
ABSENT (0): None

Approve Interior Advertising Onboard Golden Gate Ferries and Authorize Staff to Advertise a Request for Proposals for Interior Ferry Advertising

Directors BORO/MARTINI
Resolution No. 2004-120 approves interior advertising onboard Golden Gate Ferries, and authorizes staff to advertise a Request for Proposals for interior ferry advertising; with the understanding that staff would report back to the Governmental Affairs and Public Information Committee with additional information regarding interior ferry advertising by other ferry operators, as well as graphical examples of how such advertising would appear on Golden Gate Ferry vessels.

Adopted

AYES (18): Directors Ammiano, Boro, Brown, Cochran, Eddie, Hernández, Kerns, Martini, McGoldrick, Murray, Pahre, Reilly, Sandoval, Shahum and Stroeh; Second Vice President Harrison; First Vice President Middlebrook; President Smith
NOES (0): None
ABSENT (0): None

Approve Amendments to the Procurement Manual and the Rules of the Board Regarding the General Manager’s Authorization for Contract Change Orders

Directors MIDDLEBROOK/SHAHUM
Resolution No. 2004-121 approves the amendment to the Procurement Manual, Section X, Contract Administration, Subsection D, Change Orders and Contract Amendments, Paragraph 2, Procedures; and, approves the amendment to the Rules of the Board, Rule V, Duties of the General Manager, as outlined below, increasing the General Manager’s change order authority limit to approve change orders in an amount that, when combined with the original contract amount, does not exceed $100,000:

Procurement Manual, Section X: Contract Administration, Subsection D: Change Orders and Contract Amendments, Paragraph 2: Procedures

“The General Manager is authorized to approve change orders to contracts awarded in accordance with the procedures set forth in this Procurement Manual if all of the following criteria are met:
(a) Where the original contract amount is $100,000 or less, the General Manager is authorized to approve change orders up to an amount that, when combined with the original contract amount, does not exceed $100,000.
(b) Where the original contract amount exceeds $100,000, the General Manager is authorized to approve change orders when (i) the change order can be funded within the contract contingency; (ii) total change orders for the contract cumulatively do not exceed ten percent (10%) of the original contract price; and, (iii) the change order does not exceed $50,000.

All other change orders shall be approved by the Board of Directors.”

Rules of the Board, Rule V, Duties of the General Manager

“The General Manager shall act as Purchasing Agent and shall designate a purchaser to have charge of all procurements. The General Manager shall have authority to purchase supplies, equipment and materials and to arrange for work in the manner provided for in the Procurement Manual. The General Manager is authorized to execute any leases or agreements and expend funds for procurements and activities included within the approved annual budget as follows: (1) up to $100,000, inclusive of any change orders, for equipment, supplies, materials, services or construction; (2) contracts over $100,000, the General Manager may authorize change orders or contract amendments, cumulatively not to exceed ten percent (10%) of the original contract, and not to exceed $50,000 for any single change order; and (3) up to $100,000 for leases and licenses of real property in which the District is a lessee or licensee.”

Adopted

AYES (18): Directors Ammiano, Boro, Brown, Cochran, Eddie, Hernández, Kerns, Martini, McGoldrick, Murray, Pahre, Reilly, Sandoval, Shahum and Stroeh; Second Vice President Harrison; First Vice President Middlebrook; President Smith
NOES (0): None
ABSENT (0): None

Adopt the 2004 Conflict of Interest Code

Directors MIDDLEBROOK/MARTINI
Resolution No. 2004-122 adopts the 2004 Conflict of Interest Code (Code); and, authorizes submittal of the Code to the State of California Fair Political Practices Commission for approval.

Adopted

AYES (18): Directors Ammiano, Boro, Brown, Cochran, Eddie, Hernández, Kerns, Martini, McGoldrick, Murray, Pahre, Reilly, Sandoval, Shahum and Stroeh; Second Vice President Harrison; First Vice President Middlebrook; President Smith
NOES (0): None
ABSENT (0): None

Approve Board of Directors Meeting Schedule for the Year 2005

Directors MCGOLDRICK/STROEH
Resolution No. 2004-123 approves the Board of Directors meeting schedule for the Year 2005, as outlined in the attached Schedule of Meetings.

Adopted

AYES (18): Directors Ammiano, Boro, Brown, Cochran, Eddie, Hernández, Kerns, Martini, McGoldrick, Murray, Pahre, Reilly, Sandoval, Shahum and Stroeh; Second Vice President Harrison; First Vice President Middlebrook; President Smith
NOES (0): None
ABSENT (0): None

Approve Selection of Officers of the Board of Directors for the Year 2005

Directors STROEH/MARTINI
Resolution No. 2004-124 approves the following slate of Officers of the Board of Directors for the Year 2005:

Maureen Middlebrook, President
Maryanne P. Harrison, First Vice President
Albert J. Boro, Second Vice President

Adopted

AYES (18): Directors Ammiano, Boro, Brown, Cochran, Eddie, Hernández, Kerns, Martini, McGoldrick, Murray, Pahre, Reilly, Sandoval, Shahum and Stroeh; Second Vice President Harrison; First Vice President Middlebrook; President Smith
NOES (0): None
ABSENT (0): None

Ceremonial Changing of the Gavel

Stanley M. Smith, outgoing President of the Board, presented the gavel to Maureen Middlebrook, the newly appointed President of the Board of Directors, and extended his congratulations on behalf of the members of the Board of Directors. President Middlebrook accepted the gavel and expressed her appreciation to the Board of Directors for their support of her nomination and for giving her the honor to serve as the President of the Board. She expressed her appreciation for President Smith’s leadership during the past two years. In addition, she stated that she is looking forward to working with the outstanding management team, as well as the dedicated employees, in tackling the difficult decisions the District will face in 2005.

Attorney’s Report

Attorney David Miller, at the request of President Middlebrook, stated that the Board of Directors would convene in closed session to discuss three matters of pending litigation, listed on the agenda as Item Nos. 6.B.1.a.1, Marion Fabrique vs. Golden Gate Bridge, Highway and Transportation District (District); 6.B.1.a.2., James Johnson vs. District; and, 6.B.1.b.1, Craig LaPointe vs. District.

After closed session, President Middlebrook called the meeting to order in open session with a quorum present. Attorney Miller reported that the Board of Directors met in closed session, as permitted by the Brown Act, and received a report from Counsel on three matters of pending litigation. Mr. Miller stated that relative to these matters, the Board provided settlement authority for disposition of the matters.