6-2008

GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

MEMORANDUM OF MINUTES

BOARD OF DIRECTORS MEETING

MARCH 28, 2008

 

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, March 28, 2008, at 10:00 a.m., President Moylan presiding.

ROLL CALL

Directors Present (15): Directors Brown, Cochran, Eddie, Grosboll, Kerns, McGlashan, McGoldrick, Middlebrook, Newhouse Segal, Reilly, Sandoval and Stroeh; Second Vice President Ammiano; First Vice President Boro; President Moylan

Directors Absent (4): Directors Dufty, Hernández, Pahre and Sanders

Staff Present: General Manager Celia G. Kupersmith; District Engineer Denis J. Mulligan; Auditor-Controller Joseph M. Wire; Secretary of the District Janet S. Tarantino; Attorneys Madeline Chun and Kim Manolius; Deputy General Manager/Bridge Division Kary H. Witt; Deputy General Manager/Ferry Division James P. Swindler; Deputy General Manager/Administration and Development Teri W. Mantony; Public Affairs Director Mary C. Currie; Deputy District Engineer Ewa Z. Bauer; Acting Deputy General Manager/Bus Division and Maintenance Manager G. Gene Walker; Assistant Clerk of the Board Karen B. Engbretson; Executive Assistant to the General Manager Amorette Ko; Captain Michael J. Locati

Visitors Present: None

PLEDGE OF ALLEGIANCE

Director Charles McGlashan led the Board of Directors in the Pledge of Allegiance to the Flag.

PUBLIC COMMENT

There was no public comment.

CONSENT CALENDAR

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

AYES (15): Directors Brown, Cochran, Eddie, Grosboll, Kerns, McGlashan, McGoldrick, Middlebrook, Newhouse Segal, Reilly, Sandoval and Stroeh; Second Vice President Ammiano; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (4): Directors Dufty, Hernández, Pahre and Sanders

         
1. Approve the Minutes of the Following Meetings:
         
  a. Finance-Auditing Committee/Committee of the Whole of March 13, 2008; and,
  b.

Regular Meeting of the Board of Directors of March 14, 2008.

Carried

         
2.

Denial of Claims

         
  a.

Claim of Semen Leverant

Carried

  b. Application for Leave to Present Late Claim and
Claim of Zoe Brodeur

Carried

 

c.

Subrogation Claim of Geico Direct
(Insured: Maha Elmeligy)

Carried

  d. Application for Leave to Present Late Claim and
Claim of Daniel Jimenez

Carried

  e. Claim of Heather Langley

Carried

  f. Claim of Marin Airporter

Carried

  g. Claim of Margaret Schlachter

Carried

  h. Claim of Vinay Nadkarni

Carried

  i. Subrogation Claim of California Casualty Management
Company (Insured: Carol Mack)

Carried

         
GENERAL MANAGER'S REPORT
         
3.

Presentation of Retirement Gift to James R. Lopez, Bus Operator, Bus Division

President Moylan presented a retirement gift to James R. Lopez, Bus Operator, Bus Division, for thirty-six years and two months of service, and expressed his best wishes for a long and happy retirement on behalf of the Board of Directors.

         
4.

Presentation of Thirty Year Service Award to Alan R. Zahradnik, Director of Planning, District Division

President Moylan presented a Thirty Year Service Award to Alan R. Zahradnik, Director of Planning, District Division, and expressed his congratulations on behalf of the Board of Directors.

         
5.

Presentation of Thirty Year Service Award to Carlos Oliva, Bus Operator, Bus Division

President Moylan presented a Thirty Year Service Award to Carlos Oliva, Bus Operator, Bus Division, and expressed his congratulations on behalf of the Board of Directors.

         
6.

Presentation of Twenty Year Service Award to Jonathan Nelson, Bus Operator, Bus Division

President Moylan presented a Twenty Year Service Award to Jonathan Nelson, Bus Operator, Bus Division, and expressed his congratulations on behalf of the Board of Directors.

         
7.

Presentation of Twenty Year Service Award to David Stahlberg, Bus Operator, Bus Division

President Moylan presented a Twenty Year Service Award to David Stahlberg, Bus Operator, Bus Division, and expressed his congratulations on behalf of the Board of Directors.

         
ATTORNEY’S REPORT
         
8.
Attorney Madeline Chun reported that all items contained in the Attorney’s Report were informational. Ms. Chun also reported that a closed session would be held just prior to the conclusion of the meeting to discuss a matter of pending litigation, Herbert Hoffman and Catherine Dodd vs. Golden Gate Bridge, Highway and Transportation District.
         
ENGINEER’S REPORT
         
9.
District Engineer Denis Mulligan reported that all items contained in the Engineer’s Report were informational.
         
REPORT OF THE BUILDING AND OPERATING COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF MARCH 27, 2008
         
10.

Approve Actions Relative to the East and West Sidewalks Regarding Contract No. 2006-B-1, Golden Gate Bridge Seismic Retrofit Phase IIIA, North Anchorage Housing/North Pylon

Directors EDDIE/STROEH
Resolution No. 2008-022
approves the following actions relative to the east and west sidewalks on the Golden Gate Bridge, as part of the Board’s continuing effort to make the Golden Gate Bridge as safe as possible for all users, including pedestrians and bicyclists, while balancing the costs and benefits of any potential improvements:


  1. Approve maintaining the east and west sidewalk’s current physical configurations; that is, that no physical structures be moved and no widening of the sidewalks or relocation of light poles or relocations of railings occur, as part of the Golden Gate Bridge Seismic Retrofit Phase IIIA, North Anchorage Housing/North Pylon;
  2. Retain the existing hours and operational aspects of the east and west sidewalks for pedestrians and bicyclists;
  3. Direct staff to study the issue of a bicycle speed limit, other rules governing the use of bicycles on the sidewalks, and related enforcement issues; and, instruct the Bridge Manager to report back to this Committee with the results of this study and any recommendations; and,
  4. Direct staff to inventory and review existing signage at either end of the Golden Gate Bridge sidewalks, as well as along their length, to determine whether safety might be enhanced with additional signage; and, delegate to the Bridge Manager the authority to add additional signage or change existing signage if the Bridge Manager determines that such a course is advisable, with the understanding that the Bridge Manager report back to this Committee with the results of this undertaking.

Adopted

AYES (15): Directors Brown, Cochran, Eddie, Grosboll, Kerns, McGlashan, McGoldrick, Middlebrook, Newhouse Segal, Reilly, Sandoval and Stroeh; Second Vice President Ammiano; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (4): Directors Dufty, Hernández, Pahre and Sanders

         
11.

Approve Actions Relative to the Award of Contract No. 2006-B-1, Golden Gate Bridge Seismic Retrofit Phase IIIA, North Anchorage Housing/North Pylon, to Shimmick Construction Company, Inc./Obayashi Corporation, Joint Venture

Directors EDDIE/STROEH
Resolution No. 2008-023
approves the following actions relative to Contract No. 2006-B-1, Golden Gate Bridge Seismic Retrofit Phase IIIA, North Anchorage Housing/North Pylon:

  1. Authorize award of Contract No. 2006-B-1 to Shimmick Construction Company, Inc./Obayashi Corporation, a Joint Venture, Hayward, CA, in the amount of $82,320,672;
  2. Authorize a contingency fund for Contract No. 2006-B-1, in an amount of $8,232,067, equal to 10% of the contract award, upon receiving Federal Highway Administration concurrence with the award recommendation; and,
  3. Authorize a budget increase in the FY 07/08 Bridge Division Capital Budget in the amount of $69,231,219, to be funded with $62,447,958 federal funds and $6,783,261 District funds, for a total Phase IIIA Project budget of $119,231,219; contingent on receiving confirmation from the Federal Highway Administration and the State of California, Department of Transportation, that the $112,447,958 in federal funding previously approved for the Phase IIIA Project remains unchanged; as concurred with by the Finance-Auditing Committee at its meeting of March 27, 2008.

Adopted

AYES (15): Directors Brown, Cochran, Eddie, Grosboll, Kerns, McGlashan, McGoldrick, Middlebrook, Newhouse Segal, Reilly, Sandoval and Stroeh; Second Vice President Ammiano; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (4): Directors Dufty, Hernández, Pahre and Sanders

         
12.

Authorize Execution of an Amendment to the Lease Agreement with The Presidio Trust Relative to a Construction Staging Area for Golden Gate Bridge Improvement Projects

Directors EDDIE/McGOLDRICK
Resolution No. 2008-024
authorizes execution of an amendment to the Lease Agreement with the Presidio Trust to lease a parcel of land located near Storey Avenue and Lincoln Boulevard in The Presidio of San Francisco, for use as a construction staging area for Golden Gate Bridge improvement projects, at a monthly rate of $7,750, for a five-year term, subject to annual Consumer Price Index adjustments.

Adopted

AYES (15): Directors Brown, Cochran, Eddie, Grosboll, Kerns, McGlashan, McGoldrick, Middlebrook, Newhouse Segal, Reilly, Sandoval and Stroeh; Second Vice President Ammiano; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (4): Directors Dufty, Hernández, Pahre and Sanders

         
13.

Approve Actions Relative to the Award of Contract No. 2008-FT-4, Installation of the Four New Main Engines for Re-Powering of the M.V. Mendocino, and Dry-Docking for Routine U.S. Coast Guard Inspection, Hull Maintenance and Repairs, to Bay Ship & Yacht Co.

Directors EDDIE/STROEH
Resolution No. 2008-025
approves the following actions relative to the award of Contract No. 2008-FT-4, Installation of the Four New Main Engines for Re-Powering of the M.V. Mendocino, and Dry-Docking for Routine U.S. Coast Guard Inspection, Hull Maintenance and Repairs:

  1. Authorize award of Contract No. 2008-FT-4 to Bay Ship & Yacht Co., Alameda, CA, in an amount not to exceed $1,635,600.82, which includes all Category “A” items, one Category “B” item and all Categories “C” and “D” items;
  2. Authorize a contract contingency fund in the amount of $200,000, to cover anticipated sales tax and unanticipated items discovered while the vessel is in dry dock; and,
  3. Authorize budget increases in the FY 07/08 Ferry Transit Division Capital Budget in the amount of $777,000, to be funded with federal funds that have been secured for the M.V. Mendocino Repower Project, and in the FY 07/08 Ferry Transit Division Operating Budget in the amount of $70,000, to be funded from District reserves; as concurred with by the Finance-Auditing Committee at its meeting of March 27, 2008.

Adopted

AYES (15): Directors Brown, Cochran, Eddie, Grosboll, Kerns, McGlashan, McGoldrick, Middlebrook, Newhouse Segal, Reilly, Sandoval and Stroeh; Second Vice President Ammiano; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (4): Directors Dufty, Hernández, Pahre and Sanders

         
14.

Authorize Execution of a Professional Services Agreement with Corey, Canapary & Galanis Relative to Request for Proposals No. 2008-D-4, Regional Bus and Ferry Passenger Survey

Directors EDDIE/McGOLDRICK
Resolution No. 2008-026
authorizes execution of a Professional Services Agreement with Corey, Canapary & Galanis, San Francisco, CA, relative to Request for Proposals No. 2008-D-4, Regional Bus and Ferry Passenger Survey, in an amount not to exceed $272,296, with the understanding that sufficient funds are included in the FY 07/08 District Division Operating Budget.

Adopted

AYES (15): Directors Brown, Cochran, Eddie, Grosboll, Kerns, McGlashan, McGoldrick, Middlebrook, Newhouse Segal, Reilly, Sandoval and Stroeh; Second Vice President Ammiano; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (4): Directors Dufty, Hernández, Pahre and Sanders

         
REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF MARCH 27, 2008
         
15.

Authorize Budget Adjustment in the FY 07/08 Bus Transit Division Capital Budget for the Purchase of a Filter Cleaning Station at the San Rafael Bus Facility

Directors STROEH/KERNS
Resolution No. 2008-027
authorizes a budget increase in the FY 07/08 Bus Transit Division Capital Budget in the amount of $45,465, for the sole source purchase of a filter cleaning station at the San Rafael Bus Facility at a cost of $56,831.25, to be funded with $45,465.00 Federal Transit Administration grant funds programmed in the Ten-Year Plan and with $11,366.25 through savings from FY 07/08 capital equipment purchases.

Adopted

AYES (14): Directors Brown, Cochran, Eddie, Grosboll, Kerns, McGlashan, McGoldrick, Middlebrook, Newhouse Segal, Reilly and Stroeh; Second Vice President Ammiano; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (5): Directors Dufty, Hernández, Pahre, Sanders and Sandov

         
16.

Approve Renewal of the Property Insurance Program

Directors STROEH/KERNS
Resolution No. 2008-028
approves the following actions relative to the renewal of the Property Insurance Program:

         
  a.

Renew the following policies:

  1. Building and Facilities Insurance policy with Lexington, Arch Specialty, Essex, Integon and Homeland insurance companies, providing “all risk” coverage for all District facilities, except the Bridge itself, with $45 million of coverage, including $20 million for earthquake and fire, subject to deductibles and 5% of value for flood and earthquake, at a premium of $536,237, for a one-year term, effective April 8, 2008 through April 7, 2009; and,
  2. Boiler and Machinery policy with Hartford Steam Boiler Company, with a limit of liability of $1 million per accident and a deductible of $1,000 per accident, at a premium of $2,556, for a one-year term, effective April 8, 2008, through April 7, 2009; with the understanding that requisite funds for these policies are available in the FY 07/08 Bridge, Bus, Ferry and District Division Operating Budgets and that requisite funds will be budgeted in the appropriate division operating budgets for FY 08/09; and,
         
  b.

Allocate monies to the Restricted Bridge Self-Insurance Loss Reserve in the amount of $1,300,000 for FY 08/09, with the understanding that this Reserve is to be used in the event of catastrophic damage to the Golden Gate Bridge or the sustained loss of toll revenue; with the further understanding that requisite funds are available in the FY 08/09 Bridge Division Operating Budget.

Adopted

         
 
AYES (14): Directors Brown, Cochran, Eddie, Grosboll, Kerns, McGlashan, McGoldrick, Middlebrook, Newhouse Segal, Reilly and Stroeh; Second Vice President Ammiano; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (5): Directors Dufty, Hernández, Pahre, Sanders and Sandoval
         
17.

Receive the Independent Auditor’s Reports for the Year Ending June 30, 2007, as Submitted by Macias Gini & O’Connell LLP for the Following:
a.  The Financial Statements of the Supplemental Retirement Plan and Trust; and,
b.  The Single Audit Reports

Directors STROEH/KERNS
Resolution No. 2008-029
receives the Independent Auditor’s Reports for the year ending June 30, 2007, as submitted by Macias Gini & O’Connell LLP for the following:

  a.
The Audited Financial Statements of the Golden Gate Bridge, Highway and Transportation District Supplemental Retirement Plan and Trust; and,
  b.

The Single Audit Reports.

Adopted

         
 
AYES (14): Directors Brown, Cochran, Eddie, Grosboll, Kerns, McGlashan, McGoldrick, Middlebrook, Newhouse Segal, Reilly and Stroeh; Second Vice President Ammiano; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (5): Directors Dufty, Hernández, Pahre, Sanders and Sandoval
         
NEW BUSINESS
         
18.
Director McGlashan provided a commendation to District staff and workers who provided extraordinary efforts in response to the multi-vehicle accident on the Golden Gate Bridge on March 26, 2008. General Manager Kupersmith stated that the response to the accident represented a remarkable team effort, with Golden Gate Bridge maintenance workers assisting in the clearing of accident debris from the roadway, in order to reopen the Golden Gate Bridge in such an expedient timeframe. She also noted that she had been stuck in the traffic during the time that the Bridge was closed immediately following the accident, and that most of her fellow motorists were calm and patiently awaiting the reopening of the Bridge. She acknowledged the exceptional work of the Bridge Division in responding to the accident.
         
CLOSED SESSION
         
19.

Attorney’s Report

Attorney Madeline Chun, at the request of President Moylan, stated that the Board of Directors would convene in closed session to discuss a matter of pending litigation listed on the agenda as Item No. 6.B.1.a, Herbert Hoffman and Catherine Dodd vs. Golden Gate Bridge, Highway and Transportation District (District).

After closed session, President Moylan called the meeting to order in open session with a quorum present. Attorney Chun reported that the Board of Directors met in closed session, as permitted by the Brown Act, to hear a report from legal counsel with regard to the matter of Herbert Hoffman and Catherine Dodd vs. District. She further stated that the Board of Directors provided instructions to legal counsel regarding this matter and that no action is necessary at this time.

         
ADJOURNMENT
         
20.
All business having been concluded, the meeting was adjourned at 10:40 a.m., in the memory of Joseph Lee, Thomas Sullivan and Jack A. Stangel.
         

 

Respectfully submitted,

/s/ Janet S. Tarantino
Secretary of the District