10-2006


GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

MEMORANDUM OF MINUTES

BOARD OF DIRECTORS MEETING

JUNE 23, 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, June 23, 2006, at 10:00 a.m., President Middlebrook presiding.
     

ROLL CALL

     
 

Directors Present (14): Directors Cochran, Eddie, Hernández, Kerns, Martini, McGoldrick, Murray, Newhouse Segal, Pahre, Reilly, Sandoval and Stroeh; First Vice President Moylan; President Middlebrook

Directors Absent (4): Directors Ammiano, Brown and Dufty; Second Vice President Boro

[Note: On this date, there was one vacancy on the Board of Directors.]

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; Attorney Jerry Schaefer; Attorney Allison Woodall; 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; Deputy Engineer Ewa Z. Bauer; Public Affairs Director Mary C. Currie; Executive Assistant to the General Manager Amorette Ko; Assistant Clerk of the Board Patsy Whala; Captain Locati

Visitors Present: Jennifer Fox, San Francisco Bicycle Coalition; Jerry Grace, Oakland resident; Teri Shore, Bluewater Network

     
PLEDGE OF ALLEGIANCE
     
  Director Martini led the Board of Directors in the Pledge of Allegiance to the Flag.
     
PUBLIC COMMENT
     
 

Jennifer Fox, introduced herself to the Board of Directors and informed the Board that she has submitted her name to the Board of Supervisors of the City and County of San Francisco as a candidate to fill the vacancy on the Board, as a result of Leah Shahum’s resignation.

Jerry Grace, announced to the Board that he participated in the Special Olympics and was the proud recipient of a Gold Medal.
     
CONSENT CALENDAR
     
 
Directors MARTINI/STROEH moved approval of the Consent Calendar.  All items were approved by the following vote of the Board of Directors:
     
 
AYES (14):    Directors Cochran, Eddie, Hernández, Kerns, Martini, McGoldrick, Murray, Newhouse Segal, Pahre, Reilly, Sandoval and Stroeh; First Vice President Moylan; President Middlebrook
NOES (0):     None
ABSENT (4): Directors Ammiano, Brown and Dufty; Second Vice President Boro
     
1.

Approve the Minutes of the Regular Meeting of the Board of Directors of June 9, 2006

Carried

     
2. Denial of Claims
     
  a.

Claim of MV Transportation

Carried

  b.

Claim of Ramona Pinkerman, Deborah Hayes, Katrina Colon,
Mona Lisa Guerrero and Tesa Goodman
(on behalf of Decedent Noah Pinkerman)

Carried

  c.

Claim of Mark Phinney

Carried

     
GENERAL MANAGER'S REPORT
     
3. Announcement
     
 
Ms. Kupersmith stated that Thursday and Friday, June 22 and 23, 2006, have been designated “Spare the Air” days, and the District will be providing free bus and ferry rides, courtesy of funding from Metropolitan Transportation Commission.  She noted that the District has seen a substantial increase in ridership, particularly on the Golden Gate Ferry.
     
4. Presentation of Ten-Year Service Award to First Vice President John J. Moylan
     
 
President Middlebrook presented a Ten-Year Service Award to First Vice President John J. Moylan and expressed her congratulations on behalf of the Board of Directors for his service as a member of the Board of Directors.  Director Moylan expressed his appreciation to the staff of the Office of the Secretary of the District for the myriad of tasks they perform, especially those for the Board of Directors.
     
5.
Presentation of Twenty-Five-Year Service Award to Guy “Gene” Walker, Maintenance Manager, Bus Division
 
 
President Middlebrook presented a Twenty-Five-Year Service Award to Gene Walker, Maintenance Manager, Bus Division, and expressed her congratulations on behalf of the Board of Directors.
 
6.
Presentation of Twenty-Five-Year Service Award to Robert Mowry, Bus Mechanic, Bus Division
     
 
President Middlebrook presented a Twenty-Five-Year Service Award to Robert Mowry, Bus Mechanic, Bus Division, and expressed her congratulations on behalf of the Board of Directors.
     
ATTORNEY’S REPORT
     
7.
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 labor negotiations.
     
ENGINEER’S REPORT
     
8. District Engineer Denis Mulligan reported that all items contained in the Engineer’s Report were informational.
     
REPORT OF THE TRANSPORTATION COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF JUNE 8, 2006
     
9. All items contained in this report are informational.
     
REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF JUNE 8, 2006
     
10.
All 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 their meeting of June 9, 2006.
     
REPORT OF THE BUILDING AND OPERATING COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF JUNE 22, 2006
     
11. Approve Actions Relative to the Purchase of a Replacement Vessel
     
  a.
Recommendation from the Building and Operating Committee at its meeting of June 22, 2006
     
   
The Building and Operating Committee recommended that the Board of Directors authorize staff to develop and issue, through a competitive negotiation process, a Request for Proposals (RFP) for the purchase of a high-speed, 499-passenger-capacity vessel, as a replacement for one of the existing Spaulding vessels, subject to the completion of associated environmental analysis.
     
  b. Public Comment
     
   

Teri Shore, Clean Vessels Campaign Director, Bluewater Network, an environmental advocacy group working specifically in the maritime arena, expressed her concerns regarding the environmental impact of vessels and the use of advanced air pollution controls.  She suggested that the Board adopt similar emissions standards as those adopted by the San Francisco Bay Area Water Transit Authority (WTA).  She noted that the WTA is in the process of procuring two vessels and that these vessels are rated 85% below the 2007 United States Environmental Protection Agency (EPA) regulations.  She noted that there is technology available that can make vessels clean and environmentally sound.

Jerry Grace, Oakland resident, inquired as to how many people will be riding the new vessel, and where the vessel will be manufactured.  In response, President Middlebrook stated that, when the vessel is at capacity, approximately 499 people will be on board.  She further stated that the District is in the very early stages of the procurement process and the decision to award a contract will come much later in that process.
     
  c. Discussion by the Board
     
   
  • Director McGoldrick made the following comments and inquires:
    • He inquired as to whether Ms. Shore attended the Building and Operating Committee meeting on June 22, 2006.  In response, Ms. Shore stated that she was not aware that a meeting of the Building and Operating Committee was taking place on that date.
    • He recommended that the Board consider amending the staff recommendation to incorporate special language to address the air pollution issue and to ensure that the District will procure a vessel that is environmentally friendly.  In response, Ms. Kupersmith stated that the item before the Board includes the implementation of an environmental analysis.  She noted that Bluewater Network will have an opportunity to participate in the environmental review process.
    • He further recommended that the staff recommendation be amended to read, “up to 499 passengers,” rather than, “499-passenger-capacity vessel,” so as to avoid limiting the possibility of getting the least-polluting vessel.
     
   
  • Director Sandoval made the following comments and inquiries:
    • He inquired as to how staff would incorporate environmental analysis in the RFP documents.  In response, Ms. Kupersmith stated that the Deputy General Manager/Ferry Division and the Attorney will include all of the appropriate language in the RFP documents, including issues related to emission controls, wake/wash and landside parking.
    • He inquired as to whether it is the District’s intent to procure a vessel that will either meet or exceed EPA standards.  In response, Ms. Kupersmith stated that the District will conduct the required environmental analysis of the vessel replacement project and will present the findings to the Board.  In addition, Mr. Miller stated that this matter deals fundamentally with the method of procurement of a new high-speed ferry vessel  through a competitive negotiation, rather than by award of a low bid.  This matter is being brought forward to the Board to obtain policy guidance for such items as to the type of vessel, the nature of the vessel and the method of procurement, with the understanding that based on the Board’s guidance, staff would develop requisite plans and carry out environmental analysis.
    • He requested that staff provide a detailed description of the process it takes to develop proposal specifications incorporating environmental issues.  In response, Mr. Swindler stated that staff would evaluate all available technology, including the reliability factor of said technology.  He further stated that staff would engage the services of consultants that specialize in environmental standards for marine engines, with the understanding that the District’s goal is to achieve a level of reliability regardless of which environmental standard is accepted.
    • He inquired as to whether the District will receive community input, other than by way of public comment at Committee and/or Board of Directors meetings.  In response, Mr. Swindler stated that the procurement of the vessel will be a public process.  Mr. Miller added that because federal funds are associated with the procurement of this vessel, a National Environmental Policy Act and a California Environmental Quality Act analyses will have to be undertaken.  He further stated that, in addition to the technical side of this project, there will be a legally driven, customarily followed environmental process that will have to occur, allowing for an opportunity for a broader community to participate in the process.
    • He stated that, in his experience in the procurement of hybrid diesel vehicles, if the specification is limited to a particular number combined with the level of reliability, it would narrow the choices with certain technologies.  He concurred with Director McGoldrick that if the District locks into a specifying a “499-passenger-capacity” vessel, it may preclude the opportunity to obtain the most environmentally friendly vessel.
     
   
  • Director Newhouse Segal expressed her concerns that by amending the staff recommendation to read, “up to 499 passengers,” it could set back the District’s goal to solve the problem of overcrowding during weekday morning peak hours by procuring a vessel that will provide highest-possible capacity for peak periods.  Following further discussion among the Board members present, it was determined that the wording in the recommendation from the Building and Operating Committee would be amended to read, “with an approximate passenger capacity of 499.”
     
  d.
Motion to Amend the Staff Recommendation Relative to the Purchase of a Replacement Vessel
     
   

Directors SANDOVAL/MCGOLDRICK moved that the staff recommendation relative to the purchase of a replacement vessel be amended to read, “with an approximate passenger capacity of 499,” rather than, “499-passenger-capacity vessel.”

Carried

     
  e.
Approve Actions Relative to the Purchase of a Replacement Vessel, As Amended
     
   

Directors EDDIE/COCHRAN

Resolution No. 2006-052 authorizes staff to develop and issue, through the competitive negotiation process permitted under California Public Code Section 20217 (which law allows for the consideration of a variety of factors in awarding a contract, such as performance reliability, standardization, lifecycle costs, and other similar factors in addition to price), a Request for Proposals for the purchase of a high-speed vessel, with an approximate passenger capacity of 499, as a replacement for one of the existing Spaulding vessels, this vessel would allow for additional capacity to the District’s existing ferry service during peak hours, subject to the completion of the associated environmental analysis.

Adopted

     
   
AYES (14):     Directors Cochran, Eddie, Hernández, Kerns, Martini, McGoldrick, Murray, Newhouse Segal, Pahre, Reilly, Sandoval and Stroeh; First Vice President Moylan; President Middlebrook
NOES (0):      None
ABSENT (4): Directors Ammiano, Brown and Dufty; Second Vice President Boro
     
12.
Approve Actions Relative to the Award of Contract No. 2007-B-2, Merchant Road Improvements and Realignment, to Granite Rock Company, dba Pavex Construction Division
     
 

Directors EDDIE/MOYLAN

Resolution No. 2006-053 approves the following actions relative to Contract No. 2007-B-2, Merchant Road Improvements and Realignment:
  a.
Authorize award of Contract No. 2007-B-2 to Granite Rock Company, dba Pavex Construction Division, San Jose, CA, in the amount of $1,318,861, with the understanding that the Presidio Trust will pay approximately $687,000;
  b.
Authorize a contingency fund in the amount of $131,886, equal to ten per cent of the contract award; and,
  c.

Authorize a budget increase in the amount of $581,500, to be funded with additional grant funds in the amount of $254,870 and $326,630 from the District’s Restricted Reserves, as concurred with by the Finance-Auditing Committee at its meeting of June 22, 2006.

Adopted

     
 
AYES (14):     Directors Cochran, Eddie, Hernández, Kerns, Martini, McGoldrick, Murray, Newhouse Segal, Pahre, Reilly, Sandoval and Stroeh; First Vice President Moylan; President Middlebrook
NOES (0):      None
ABSENT (4): Directors Ammiano, Brown and Dufty; Second Vice President Boro
     
CLOSED SESSION
     
13. 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 labor negotiations.

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 General Manager and labor negotiators, and instructions were given to the General Manager and labor negotiators to effect conclusive negotiations in a timely fashion.

     
ADJOURNMENT
     
14.
All business having been concluded, the meeting was adjourned at 11:15 a.m., in the memory of John Joseph Fenstermaker, Colleen Patton and Glen Rhone.
     

Respectfully submitted,

/s/ Janet S. Tarantino
Secretary of the District