March 23, 2006
(For Board: April 28, 2006)

REPORT OF THE BUILDING AND OPERATING COMMITTEE/
COMMITTEE OF THE WHOLE

Honorable Board of Directors
Golden Gate Bridge, Highway
   and Transportation District

Honorable Members:

A meeting of the Building and Operating Committee/Committee of the Whole was held in the Board Room, Administration Building, Toll Plaza, San Francisco, California, on Thursday, March, 2006, at 10:00 a.m., Chair Eddie presiding.

Committee Members Present (8): Chair Eddie; Vice Chair Reilly; Directors Boro, Hernández, Martini, Moylan and Stroeh; President Middlebrook (Ex Officio)
Committee Members Absent (1): Director Ammiano
Other Directors Present (5): Directors Cochran, Murray, Newhouse Segal, Pahre and Shahum

Committee of the Whole Members Present (13): Directors Cochran, Eddie, Hernández, Martini, Murray, Newhouse Segal, Pahre, Reilly, Shahum and Stroeh; Second Vice President Boro; First Vice President Moylan; President Middlebrook
Committee of the Whole Members Absent (6): Directors Ammiano, Brown, Dufty, Kerns, McGoldrick and Sandoval

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/Administration and Development Teri W. Mantony; Deputy District Engineer Ewa Z. Bauer; Planning Director Alan R. Zahradnik; Risk Management and Safety Director Bill Stafford; Public Affairs Director Mary C. Currie; Executive Assistant to the General Manager Amorette Ko; Assistant Clerk of the Board Patsy Whala

Visitors Present: None

     
1.
Authorize Execution of an Amendment to the Agreement with the California Highway Patrol Relative to Contract No. 99-B-5, Golden Gate Bridge Seismic Retrofit (Phase II), South Approach Structures
     
 

In a memorandum to Committee, Deputy District Engineer Ewa Bauer, District Engineer Denis Mulligan and General Manager Celia Kupersmith reported on staff’s recommendation to extend California Highway Patrol’s (CHP’s) traffic enforcement of the construction zone speed limit and assist with traffic diversions for nighttime lane closures, and authorize a budget increase in the amount of $100,000, relative to Contract No. 99-B-5, Golden Gate Bridge Seismic Retrofit (Phase II), South Approach Structures. To date, the CHP has successfully provided enforcement services for construction during Phases I and II of the Seismic Retrofit Project. Also, the report stated that the State of California Department of Transportation (Caltrans) and the Federal Highway Administration both recommend utilizing CHP services for operations that impact traffic.

The report stated that the Golden Gate Bridge Seismic Retrofit Phase II Project provides for retrofitting all 18 roadway deck joints of the Fort Point Arch and South Approach Viaduct by removing the existing roadway joints and surfacing, and installing new joints and surfacing. The joints extend the full width of the Bridge roadway. To date, the Contractor has successfully completed 17 of the 18 deck joints. The remaining work involves removing the existing expansion joints located at the San Francisco Abutment of the South Approach Viaduct, and installing new Seismic Isolation Joints. The scope of the remaining work on the roadway deck joints of the Fort Point Arch and South Approach Viaduct are described in detail in the staff report.

The report also stated that through an On-call Service Agreement with the District, CHP provides enforcement of construction zone speed limits and assistance with traffic diversions that are needed for nighttime lane closures during construction work on the roadway. It is estimated that additional nighttime lane closures required for corrective work at the South Abutment will increase the cost of CHP support services by approximately $100,000, bringing the total agreement amount to $600,000. An amendment increasing the funding of the service agreement is required to maintain uninterrupted CHP support for this nighttime work. The District will request the presence of CHP personnel and vehicles only for nights when construction operations are actively in progress on the Bridge roadway. An increase in the same amount in the Phase II Project budget is necessary to finance this extension of the CHP assistance, which is proposed to be funded with the Federal grant funds secured for the Golden Gate Bridge Seismic Retrofit Project and contingent upon approval by the Federal Highway Administration. A copy of the staff report is available in the Office of the District Secretary, as well as on the District’s web site.

At the meeting, Denis Mulligan summarized the staff report and stated that due to differing site conditions underneath the abutment, the replacement of the deck joints is taking more time than anticipated. He further stated that staff recommends an amendment to the contract with CHP to provide additional nighttime enforcement services.

Staff recommended and the Committee concurred by motion made and seconded by Directors STROEH/MOYLAN to forward the following recommendation to the Board of Directors for its consideration:

     
 
RECOMMENDATION
     
 

The Building and Operating Committee recommends that the Board of Directors authorize execution of an amendment to the On-call Service Agreement with the California Highway Patrol, in the amount of $100,000, to extend the enforcement of the construction zone speed limit and assistance with traffic diversions for nighttime lane closures; and, authorize a budget increase in the FY 05/06 Bridge Division Capital Budget in the amount of $100,000, subject to the concurrence by the Finance-Auditing Committee at its meeting of March 23, 2006, to be funded by federal grant funds secured for the Seismic Retrofit Project, contingent upon approval by the Federal Highway Administration.

Action by the Board – Resolution

     
  AYES (13):  Directors Cochran, Eddie, Hernández, Martini, Murray, Newhouse Segal, Pahre, Reilly, Shahum and Stroeh; Second Vice President Boro; First Vice President Moylan; President Middlebrook
NOES (0):  None
     
 
[Note:  The above recommendation was forwarded to the Board of Directors meeting of March 24, 2006, for action.]
     
2.
Authorize Execution of an Amendment to the Professional Services Agreement with PES Environmental, Inc., Relative to the Phase II Lead Risk Assessment
     
 

In a memorandum to Committee, Deputy District Engineer Ewa Bauer, District Engineer Denis Mulligan and General Manager Celia Kupersmith reported on staff’s recommendation to authorize execution of an amendment to the Professional Services Agreement with PES Environmental, Inc. (PES), to perform additional environmental studies related to the assessment of lead-contamination in the soil and on the ground under and around the Golden Gate Bridge relative to the Golden Gate Bridge Phase II Lead Risk Assessment Project.

The report stated that, in 1996, the District entered into a Voluntary Clean-up Agreement (VCA) with the California Department of Toxic Substance Control (DTSC) regarding review and determination of actions that may be required to mitigate elevated concentrations of lead in the soil within the areas under and around the Golden Gate Bridge.  The Lead Risk Assessment Project was divided into two phases: Phase I consisted of cleaning up contaminated soil in the immediate vicinity of the Bridge to a level deemed safe for workers and human health; and, Phase II concentrated on other site locations outside of the Seismic Retrofit construction areas.  Upon completion of the Phase II characterization and evaluation, the District and DTSC are to determine and agree upon the appropriate clean-up level to protect flora and fauna within a larger area that encompasses and extends beyond the Seismic Retrofit Project construction areas.

The Board of Directors, by Resolution Nos. 97-194 and 2003-006, entered into a Professional Services Agreement with PES, to assist the District with the site characterization and evaluation, to finalize the ecological risk assessment and to determine an appropriate clean-up level of the Phase II areas.  In March 2005, the District submitted a report to DTSC that included characterization of the lead content in the soil.  DTSC agreed with the majority of the report’s findings but requested that additional environmental monitoring of the ecological species of concern, the deer mouse, be completed prior to agreeing on a clean-up level in the areas designated in the VCA.  The additional environmental monitoring requested by DTSC is not included in the existing Professional Services Agreement with PES and staff recommends execution of an amendment to include the addition of deer mouse studies.  After an agreement with DTSC regarding the clean-up level is reached, the District anticipates preparing an advertisement for a construction contract to perform the actual clean-up work.  The cost of this amendment is $88,000, bringing the total agreement amount to $901,711.  A copy of the staff report is available in the Office of the District Secretary, as well as on the District’s web site.

At the meeting, Denis Mulligan summarized the staff report and described the difference between historic lead paint removal and modern lead paint removal methods.  Mr. Mulligan further stated that current laws now require the District to address the danger of lead contaminates by testing and removal.  The District is working closely with California Department of Toxic Substance Control (DTSC) on Phase II of the Lead Risk Assessment Project to reach an agreement for the appropriate clean-up level for the area that includes the land and the water where paint chips may have been deposited.  He further stated that as part of Phase II of the Lead Risk Assessment Project, the District and DTSC agreed upon the study of a species of concern to see how lead is entering the food chain for this species.  Mr. Mulligan noted that samples were taken of the entire area to determine the locations, levels and depths of the lead, because at some point the District will have a duty to remove some portion of that lead. 

In addition, Joe Wire stated that, due to impending regulations from the Governmental Accounting Standards Board regarding the Accounting and Financial Reporting for Pollution Remediation Obligations, which will come to fruition on June 2008, the District will be required to show its liability for pollution remediation costs.  He further stated that the District’s budget for future fiscal years will reflect an accurate figure for this pollution liability. 

Discussion ensued, including the following:
     
 
  • Director Eddie inquired as to whether the District has finished the clean-up on the North Approach on the Golden Gate Bridge. In response, Mr. Mulligan stated that the clean-up of contaminated soil in the vicinity of the North Approach was only completed for the particular area in which construction workers were working on the Seismic Retrofit Project and, within this area, the clean-up was to a level for human safety. He stated that lead contamination extends beyond this area.
  • Director Pahre inquired as to whether the public has access to the areas designated for clean-up in Phase II of the Lead Risk Assessment Project. In response, Mr. Mulligan stated that the designated area is a habitat for plants and animals only and does not have public access.
     
 
Staff recommended and the Committee concurred by motion made and seconded by Directors STROEH/MOYLAN to forward the following recommendation to the Board of Directors for its consideration:
     
 
RECOMMENDATION
     
 

The Building and Operating Committee recommends that the Board of Directors authorize execution of an amendment to the Professional Services Agreement with PES Environmental, Inc., Novato, CA, relative to the Golden Gate Bridge Phase II Lead Risk Assessment project, in an amount not to exceed $88,000, to perform additional environmental studies related to the assessment of lead contamination in the soil under and around the Golden Gate Bridge; with the understanding that requisite funds are included in the FY 05/06 District Division Operating Budget.

Action by the Board – Resolution
NON-CONSENT CALENDAR

     
 
AYES (13):  Directors Cochran, Eddie, Hernández, Martini, Murray, Newhouse Segal, Pahre, Reilly, Shahum and Stroeh; Second Vice President Boro; First Vice President Moylan; President Middlebrook
NOES (0):   None
     
 
[Note:  The above recommendation was forwarded to the Board of Directors meeting of March 24, 2006, for action.]
     
3.
Status Report from District Appointees on Sonoma-Marin Area Rail Transit (SMART) Board
     
 

The Committee was provided with copies of the Minutes for the February 15, 2006 meeting and the Agenda for the March 15, 2006 meeting of the Sonoma-Marin Area Rail Transit District (SMART). Copies of these items are available in the Office of the District Secretary, as well as on the District’s web site.

At the meeting, Chair Eddie, one of the District’s representatives on the SMART Board of Directors (SMART Board), provided updates on the following topics:
 
  1. He stated that the SMART Board announced that the measure to place a 1/4-cent sales tax on the ballot in November 2006 to fund the creation and operation of rail service appears to have strong public support.
  2. He stated that the SMART Board is currently reviewing the potential development of the station site for the Santa Rosa Railroad Square project and also acknowledged the necessity to attain strong public support for the project.
  3. He stated that the SMART Board has received 1,700 public comments on the draft EIR and that staff is working on preparing the responses with a goal to certify and release the EIR before the November 2006 election.
  4. Director Boro stated that a newspaper article recently published the poll results regarding the creation and operation of rail service which showed that 72% of respondents in Marin County and 71% of respondents in Sonoma County were supportive of North Bay rail service.  He also stated that, according to a poll conducted by the Bay Area Council in February 2006, 54% of the people in the North Bay thought that transit was the number one issue.
     
  Discussion ensued, including the following:
     
 
  • Director Murray inquired regarding the specific date that the EIR will be released.  In response, Director Boro stated that it is anticipated to be finalized by mid-summer.

Action by the Board – None Required

     
4. Status Report on Engineering Projects
     
 

In a memorandum to Committee, Deputy District Engineer Ewa Z. Bauer, District Engineer Denis Mulligan and General Manager Celia Kupersmith reported on current engineering projects. A copy of the report is available in the Office of the District Secretary and on the District’s web site.

Action by the Board – None Required

     
5. Public Comment
     
  There was no public comment.
     
6. Adjournment
     
  All business having been concluded, the meeting was declared adjourned at 10:20 a.m.
     

 

Respectfully submitted,

/s/ James C. Eddie, Chair