01-2006

GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

MEMORANDUM OF MINUTES

BOARD OF DIRECTORS MEETING

JANUARY 13, 2006

 

  The Board of Directors of the Golden Gate Bridge, Highway and Transportation District (District) met in regular session in the Board Room, Administration Building, Toll Plaza, San Francisco, California, on Friday, January 13, 2006, at 10:00 a.m., President Middlebrook presiding.
     
ROLL CALL
     
  Directors Present (17): Directors Ammiano, Brown, Cochran, Dufty, Eddie, Kerns, Martini, McGoldrick, Murray, Newhouse Segal, Pahre, Reilly, Sandoval, Shahum and Stroeh; First Vice President Moylan; President Middlebrook
     
  Directors Absent (2):  Directors Hernández; Second Vice President Boro
     
 
Staff Present: General Manager Celia G. Kupersmith; District Engineer Denis J. Mulligan; Secretary of the District Janet S. Tarantino; Attorney David J. Miller; Deputy General Manager/Ferry Division James P. Swindler; Planning Director Alan R. Zahradnik; Public Affairs Director Mary C. Currie; Principal Planner Ron Downing;   Acting Auditor-Controller and Capital and Grant Program Manager Nina Rannells; Executive Assistant to the General Manager Amorette Ko; Assistant Clerk of the Board Patsy Whala; Captain Locati
     
  Visitors Present:  Retired Employee Keith Hayenga
     
PLEDGE OF ALLEGIANCE
     
 
Director J. Dietrich Stroeh led the Board of Directors in the Pledge of Allegiance to the Flag.
     
PUBLIC COMMENT
     
 
Keith Hayenga, a retired employee, presented a gift to the District, a painting of the Golden Gate Bridge and expressed his appreciation to the Board and the District for his years of service with the District.
     
CONSENT CALENDAR
     
 
Directors STROEH/EDDIE moved approval of the Consent Calendar. All items were approved by the following vote of the Board of Directors:
     
  AYES (17):
Directors Ammiano, Brown, Cochran, Dufty, Eddie, Kerns, Martini, McGoldrick, Murray, Newhouse Segal, Pahre, Reilly, Sandoval, Shahum and Stroeh; First Vice President Moylan; President Middlebrook
  NOES (0): None
  ABSENT (2): Director Hernández; Second Vice President Boro
     
1.

Approve the Minutes of the Regular Meeting of the Board of Directors of December 16, 2005

Carried

     
2. Denial of Claims
     
  a.

Claim of Daniel Susoeff

Carried

     
3.

Ratify Actions by the Auditor-Controller

Resolution No. 2006-001 (Finance-Auditing Committee, December 8, 2005) ratifies actions taken by the Auditor-Controller, as follows:
     
  a.
Ratify commitments and/or expenditures for the period of November 1, 2005, through November 30, 2005, totaling $156,917.03;
     
  b.
Ratify investments made by the Auditor-Controller during the period November 8, 2005, through December 5, 2005, as follows;
     
Security

Purchase

Date

Maturity Date
Original Cost
Percent Yield
Rabobank USA Financial Corporation Commercial Paper
12/01/05
12/08/05
3,097,588.89
4.00
Yorktown Capital LLC Commercial Paper
11/15/05
12/12/05
5,226,116.74
4.04
Danske Corporation Commercial Paper
11/14/05
12/08/05
5,510,193.00
4.02

 

c.

Authorize the Auditor-Controller to re-invest, within the established policy of the Board, investments maturing between December 6, 2005, and January 16, 2006, and all other funds not required to cover expenditures that may become available; and,

     
  d.

Accept the Investment Report for November 2005 prepared by Public Financial Management.

Adopted

     
GENERAL MANAGER'S REPORT
     
4. Announcements
     
  General Manager Celia Kupersmith made the following announcements:
     
  a.
Auditor-Controller Joseph Wire became the father of a new baby daughter, Isabelle Anne Marie, born on January 3, 2006.
     
  b.
Capital and Grant Program Manager Nina Rannells has accepted a new position with the San Francisco Bay Area Water Transit Authority.  Ms. Kupersmith expressed her congratulations and best wishes on behalf of the Board of Directors and staff for her new position, as well as expressed her appreciation and gratitude for her dedicated and hard work as a District employee.
     
5. Presentation of Fifteen Year Service Award to Director Harold C. Brown, Jr.
     
 
President Middlebrook presented a Fifteen Year Service Award to Director Harold C. Brown, Jr., and expressed her congratulations on behalf of the Board of Directors for his service as a member of the Board of Directors.
     
6. Presentation of Five Year Service Award to Director Michael F. Martini
     
 
President Middlebrook presented a Five Year Service Award to Director Michael F. Martini and expressed her congratulations on behalf of the Board of Directors for his service as a member of the Board of Directors.
     
7.
Presentation of Employee of the Month Award for December 2005 to Neil Michelucci, Transportation Supervisor, Bus Division
     
 
President Middlebrook presented the Employee of the Month Award for December 2005 to Neil Michelucci, Transportation Supervisor, Bus Division, and expressed her congratulations on behalf of the Board of Directors.
     
8. Presentation of Employee of the Year Award for 2005 to Wendell Pinson, Lead Storekeeper, Ferry Division
     
 
President Middlebrook presented the Employee of the Year Award for 2005 to Wendell Pinson, Lead Storekeeper, Ferry Division and expressed her congratulations on behalf of the Board of Directors.
     
ATTORNEY’S REPORT
     
9.
Attorney David Miller reported that all items contained in the Attorney’s Report were informational.  Mr. Miller also reported that a closed session would be held just prior to the conclusion of the meeting to discuss a matter of potential litigation.
     
ENGINEER’S REPORT
     
10.
No written report was presented by District Engineer Denis Mulligan.  A written report is presented to the Board of Directors by the District Engineer at the second Board meeting of the month.
     
REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF JANUARY 12, 2006
     
11.
Authorize Execution of a Program Supplement to the Master Agreement with the State of California, Department of Transportation for Federal Funds Available to Support the Golden Gate Bridge Seismic Retrofit Project, Phase IIIA
     
 

Directors STROEH/KERNS

Resolution No. 2006-002 authorizes the President of the Board of Directors to execute a Program Supplement to the Master Agreement with the State of California, Department of Transportation for federal funds available to support the Golden Gate Bridge Seismic Retrofit Project, Phase IIIA.

Adopted

     
 
AYES (17):     Directors Ammiano, Brown, Cochran, Dufty, Eddie, Kerns, Martini, McGoldrick, Murray, Newhouse Segal, Pahre, Reilly, Sandoval, Shahum and Stroeh; First Vice President Moylan; President Middlebrook
  NOES (0):      None
  ABSENT (2): Director Hernández; Second Vice President Boro
     
12.
Approve a Five-Year Agreement with the Marin County Transit District for Marin Local Bus Service
     
 
Director Stroeh stated that the District is making history with the approval by the Board of Directors to enter into a five-year agreement with the Marin County Transit District for local bus service.  He acknowledged the collaborative working relationship, over the past 10 months between the District General Manager Celia Kupersmith and the Marin County Director of Public Works Farhad Mansourian, while negotiating the terms of the five-year agreement on behalf of MCTD. He expressed his appreciation to Ms. Kupersmith and Mr. Farhad Mansourian for a job well done. President Middlebrook and Director Brown also expressed their gratitude to Ms. Kupersmith and Mr. Mansourian for their positive and collaborative working relationship in the development of a partnership between the District and the Marin County Transit District for public bus transit and paratransit service for the next five years.
     
 

Directors STROEH/MURRAY

Resolution No. 2006-003 approves a five-year Agreement with the Marin County Transit District for Marin local bus service and regional paratransit service, effective May 1, 2006 through June 30, 2011, with the understanding that this contract includes two months of FY 05/06 from May 1, 2006 to June 30, 2006.

Adopted

     
 
AYES (17):     Directors Ammiano, Brown, Cochran, Dufty, Eddie, Kerns, Martini, McGoldrick, Murray, Newhouse Segal, Pahre, Reilly, Sandoval, Shahum and Stroeh; First Vice President Moylan; President Middlebrook
  NOES (0):      None
  ABSENT (2): Director Hernández; Second Vice President Boro
     
13.
Approve a Two-Month Extension to the Agreement with the Marin County Transit District for Intercounty Paratransit Services for FY 05/06
     
 

Directors STROEH/COCHRAN

Resolution No. 2006-004 approves a two-month extension to the Agreement with the Marin County Transit District for intercounty paratransit service for FY 05/06, at the same cost and service arrangement as the current Agreement, effective May 1, 2006 through June 30, 2006.

Adopted

     
 
AYES (17):     Directors Ammiano, Brown, Cochran, Dufty, Eddie, Kerns, Martini, McGoldrick, Murray, Newhouse Segal, Pahre, Reilly, Sandoval, Shahum and Stroeh; First Vice President Moylan; President Middlebrook
  NOES (0):      None
  ABSENT (2): Director Hernández; Second Vice President Boro
     
14.
Approve a New Regional Bus Fare for Travel Between the East Bay and San Francisco and Between the East Bay and Sonoma County
     
 

Directors STROEH/KERNS

Ordinance No. 2006-01 approves a new regional bus fare for travel between the East Bay and San Francisco and between the East Bay and Sonoma County, effective January 15, 2006; and, amend Master Ordinance 2005 accordingly, as outlined in the attached Ordinance.

Adopted

     
 
AYES (17):     Directors Ammiano, Brown, Cochran, Dufty, Eddie, Kerns, Martini, McGoldrick, Murray, Newhouse Segal, Pahre, Reilly, Sandoval, Shahum and Stroeh; First Vice President Moylan; President Middlebrook
  NOES (0):      None
  ABSENT (2): Director Hernández; Second Vice President Boro
     
15. Approve the Setting of Public Hearings for the Proposed Five-Year Regional Fare Increase Program
     
 
Director Shahum requested that staff provide the Board with a report that outlines the recommendations from the Strategic Plan for Long-Term Financial Stability Advisory Committee prior to the date of the first open house/public hearing for the Five-Year Fare Program.
     
 

Directors STROEH/KERNS

Resolution No. 2006-005 authorizes the setting of public hearings for the purpose of receiving public comment on a proposal to establish a Five-Year Fare Program to increase regional bus, ferry and paratransit fares by five percent annually in order to meet operating expenses, beginning July 1, 2006, as follows:

  • Thursday, February 16, 2006, at 7:00 p.m., in the City Council Chambers, Rohnert Park City Hall, 6750 Commerce Boulevard, Rohnert Park, CA;
  • Wednesday, March 8, 2006, at 6:00 p.m., in the Board Room, Administration Building, Golden Gate Bridge Toll Plaza, San Francisco, CA; and,
  • Thursday, March 9, 2006, at 6:00 p.m., in the Activities Room, The Whistlestop, 930 Tamalpais Avenue, San Rafael, CA;

with the understanding that all public hearings will be immediately preceded by a two-hour informational open house conducted by staff to provide the public with background and context for the proposed five-year fare program.

Adopted

     
 
AYES (17):     Directors Ammiano, Brown, Cochran, Dufty, Eddie, Kerns, Martini, McGoldrick, Murray, Newhouse Segal, Pahre, Reilly, Sandoval, Shahum and Stroeh; First Vice President Moylan; President Middlebrook
  NOES (0):      None
  ABSENT (2): Director Hernández; Second Vice President Boro
     
16.
Authorize Award of Contract No. 2006-D-3-CMAS, SAN Implementation, to CIBER, Inc., for New Backup/Recovery/Storage Hardware and Software
     
 

Directors STROEH/EDDIE

Resolution No. 2006-006 authorizes award of Contract No. 2006-D-3-CMAS, SAN Implementation, to CIBER, Inc., San Francisco, CA, in the amount of $236,000, for consulting and maintenance services, as well as backup/recovery/storage hardware and software; and, authorize a budget increase in the FY 05/06 District Division Capital Budget in the amount of $59,000 and a budget transfer from the FY 05/06 District Division Operating Budget to the FY 05/06 District Division Capital Budget in the amount of $97,000.

Adopted

     
 
AYES (17):     Directors Ammiano, Brown, Cochran, Dufty, Eddie, Kerns, Martini, McGoldrick, Murray, Newhouse Segal, Pahre, Reilly, Sandoval, Shahum and Stroeh; First Vice President Moylan; President Middlebrook
  NOES (0):      None
  ABSENT (2): Director Hernández; Second Vice President Boro
     
SPECIAL ORDER OF BUSINESS
     
17. Approve Cancellation of the January 27, 2006 Meeting of the Board of Directors
     
 
President Middlebrook stated that subsequent to the posting of the agenda for the January 13, 2006 meeting of the Board of Directors, it was determined that there are no action items scheduled for presentation at the January 27, 2006 meeting of the Board of Directors; and, therefore, the Board may want to consider taking action to cancel the meeting for that date.  She stated that since this matter arose subsequent to the posting of the agenda, it is recommended that an item be added to this meeting’s agenda regarding the cancellation of the January 27th meeting.  She noted that in order to comply with the Brown Act, given that this is the last Board of Directors meeting before January 27th, it would be the only opportunity available to consider this matter.
     
 

Directors BROWN/MURRAY moved that the matter of, Approve Cancellation of the January 27, 2006 Meeting of the Board of Directors, be added to the agenda of the Board of Directors for consideration at its meeting of January 13, 2006, as permitted by the Brown Act, as this matter arose subsequent to the posting of the agenda and requires immediate attention.

Carried

     
 
AYES (17):     Directors Ammiano, Brown, Cochran, Dufty, Eddie, Kerns, Martini, McGoldrick, Murray, Newhouse Segal, Pahre, Reilly, Sandoval, Shahum and Stroeh; First Vice President Moylan; President Middlebrook
  NOES (0):      None
  ABSENT (2): Director Hernández; Second Vice President Boro
     
 

Directors MIDDLEBROOK/BROWN

Resolution No. 2006-007 approves cancellation of the January 27, 2006 Meeting of the Board of Directors due to the absence of any action items scheduled for presentation to the Board of Directors; with the understanding that a single Board of Directors meeting in the month of January 2006, is an exception to Rule II of the Rules of the Board, Subsection A., Meetings, which states, “The Board shall convene in regular meeting at 10:00 a.m., on the second and fourth Fridays of each month in the District’s San Francisco headquarters…

Adopted

     
 
AYES (17):     Directors Ammiano, Brown, Cochran, Dufty, Eddie, Kerns, Martini, McGoldrick, Murray, Newhouse Segal, Pahre, Reilly, Sandoval, Shahum and Stroeh; First Vice President Moylan; President Middlebrook
  NOES (0):      None
  ABSENT (2): Director Hernández; Second Vice President Boro
     
CLOSED SESSION
     
18. 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 a matter of potential litigation.

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, to hear a report from the Attorney on a matter of potential litigation.  He reported that, having had review and unanimous recommendation by the Finance-Auditing Committee at its meeting of January 12, 2006, it is the recommendation of the General Manager that the Board authorize execution of a Professional Services Agreement with Mr. George Klemens, which includes a release of any and all claims.
     
  a.
Approve Execution of a Professional Services Agreement with George Klemens
     
   

Directors STROEH/PAHRE

Resolution No. 2006-008 authorizes execution of a Professional Services Agreement with Mr. George Klemens, which includes a release of all potential claims, with the understanding that the compensation authorized under this Agreement will not be fully payable until all work required by the Agreement has been completed.

Adopted

     
   
AYES (17):     Directors Ammiano, Brown, Cochran, Dufty, Eddie, Kerns, Martini, McGoldrick, Murray, Newhouse Segal, Pahre, Reilly, Sandoval, Shahum and Stroeh; First Vice President Moylan; President Middlebrook
    NOES (0):      None
    ABSENT (2): Director Hernández; Second Vice President Boro
     
ADJOURNMENT
     
19. All business having been concluded, the meeting was adjourned at 10:45 a.m., in the memory of Allene Harberson, Sara McClamma, Marie Toy, Francine Lacoste and Warren R. French.
     

Respectfully submitted,

/s/ Janet S. Tarantino

Secretary of the District

 

ATTACHMENT

GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

ORDINANCE NO. 2006-01

AN ORDINANCE TO AMEND MASTER ORDINANCE 2005, AS AMENDED,
TO ESTABLISH A NEW REGIONAL BUS FARE FOR TRAVEL
BETWEEN THE EAST BAY AND SAN FRANCISCO AND
BETWEEN THE EAST BAY AND SONOMA COUNTY

January 13, 2006

              THIS ORDINANCE is adopted with reference to the following facts and circumstances which are found and declared by the Board of Directors:

              1.          On October 14, 2005, the Board of Directors adopted Ordinance No. 2005-06, implementing a regional bus and ferry fare restructure program.  One of the components of this fare restructure program affected East Bay fares, which provided as follows:  Remove local East Bay and inter-county East Bay bus fares from the regional fare zone matrix and establish a separate table for East Bay bus travel; set the inter-county bus fare from the East Bay to all points in the District’s service area at the current zone 10 to zone 3 fare; and, eliminate zone 10 from the regional bus fare matrix.

              2.          Following adoption of the regional bus and ferry fare restructure program, it was determined that due to an oversight in the development of the new fare structure, bus fares for travel between the East Bay and San Francisco and between the East Bay and Sonoma County were inappropriately set at $3.25. Previously, the applicable fare had ranged between $6.00 and $6.90.

              3.          In an effort to correct this oversight, staff proposed modified East Bay to San Francisco and East Bay to Sonoma County fares, and a public comment period on these modified fares was initiated on December 15, 2005 and ended with a public hearing on January 12, 2006. During this period, no public comments were received. Staff reviewed and categorized all public comments, prepared written responses to the primary categories, which were contained in a report to the Finance-Auditing Committee for its January 12, 2006 meeting, and considered all public comments in developing the final proposal for modified East Bay fares.

              4.          The Finance-Auditing Committee, after considering the need to modify the East Bay to San Francisco and East Bay to Sonoma County fares, as well as all public comments, recommended that the District establish new bus fares for travel between the East Bay and San Francisco and between the East Bay and Sonoma County, to be effective January 15, 2006.

              5.          The Board of Directors has carefully considered the staff proposal, reviewed all public comments and considered the recommendation of the General Manager and of the Finance-Auditing Committee.  The Board finds that the recommended bus fares for travel between the East Bay and San Francisco and between the East Bay and Sonoma County are consistent with the District’s mission and policy objectives, and are needed to maintain consistency in the District’s regional transit fare system.

              NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT AS FOLLOWS:

              Section 1.         The Board hereby adopts the modified fares for travel between the East Bay to San Francisco and between the East Bay and Sonoma County as delineated below.

              Section 2.          Section III, “Golden Gate Transit - Bus and Ferry Systems,” Subsection C, “Bus Transit Tariff Schedule,” Paragraph 4., “Richmond Bridge Bus Cash Fares – For Travel To, From Or Within The East Bay,” of Master Ordinance 2005, as amended, is replaced in its entirety with the following:

  4.
RICHMOND BRIDGE BUS CASH FARES – FOR TRAVEL TO, FROM MARIN COUNTY OR WITHIN THE EAST BAY
     
   

Adult = $3.25

Youth, Senior, Disabled = $1.60

Free transfers are available for continuing travel within Marin County.
     
  5.
RICHMOND BRIDGE BUS CASH FARES – FOR TRAVEL TO, FROM SAN FRANCISCO OR SONOMA COUNTY
     
   

Adult = $6.00

Youth, Senior, Disabled = $3.00

Free transfers are available for continuing travel within San Francisco or Sonoma County.
     

              Section 3.          Section III, “Golden Gate Transit - Bus and Ferry Systems,” Subsection D, “Discount Fares and Transfers,” Paragraph 1, “Prepaid Discount Fares,” Subparagraph c, “East Bay Bus Travel,” of Master Ordinance 2005, as amended, is replaced in its entirety with the following:

  c.
East Bay local and to/from Marin County bus travel  - Richmond Bridge bus Translink and ticket book prices shall be as follows:
       
    Adult Discount Twenty-Ticket Book = $52.00
Translink Adult = $2.60 per ride
Translink Youth, Senior, Disabled = $1.60 per ride
       
  d.
East Bay to/from San Francisco or Sonoma County bus travel - Richmond Bridge bus Translink and ticket book prices shall be as follows:
       
    Adult Discount Twenty-Ticket Book = $96.00
Translink Adult = $4.80 per ride
Translink Youth, Senior, Disabled = $3.00 per ride
       

              Section 4.          Section III, “Golden Gate Transit - Bus and Ferry Systems,” Subsection D, “Discount Fares and Transfers,” Paragraph 1, “Prepaid Discount Fares,” Subparagraph d, “Regional Ferry Travel,” of Master Ordinance 2005, as amended, is renumbered as Subparagraph e.

              Section 5.          The Board finds that the modified fares for travel between the East Bay to San Francisco and between the East Bay and Sonoma County effected by the Ordinance are exempt from the California Environmental Quality Act pursuant to Section 21080(b)(8) of the Public Resources Code, because the modification is necessary for the purpose of (a) meeting operating expenses, (b) purchasing or leasing supplies, equipment or materials, (c) meeting financial reserve needs and requirements, and (d) obtaining funds for capital projects necessary to maintain service within existing service areas, and directs the District Secretary to file a Notice of Exemption in the offices of the county clerks of Sonoma, Marin, San Francisco and Contra Costa.

              Section 6.          The effective date of this Ordinance shall be January 15, 2006.

              Section 7.          If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable.


               Section 8.          Ordinance No. 2005-06 is amended accordingly.


              ADOPTED this 13th day of January 2006, by the following vote of the Golden Gate Bridge, Highway and Transportation District Board of Directors:


AYES (17): Directors Ammiano, Brown, Cochran, Dufty, Eddie, Kerns, Martini, McGoldrick, Murray, Newhouse Segal, Pahre, Reilly, Sandoval, Shahum and Stroeh; First Vice President Moylan; President Middlebrook
NOES (0): None
ABSENT (2): Director Hernández; Second Vice President Boro


/s/ Maureen Middlebrook

President of the Board of Directors

ATTEST: /s/ Janet S. Tarantino

Secretary of the District