12-2008

GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

MEMORANDUM OF MINUTES

BOARD OF DIRECTORS MEETING

JUNE 27, 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, June 27, 2008, at 10:00 a.m., President Moylan presiding.

ROLL CALL

Directors Present (10): Directors Brown, Cochran, Eddie, Grosboll, Kerns, McGlashan, Newhouse Segal and Pahre; First Vice President Boro; President Moylan

Directors Absent (8): Directors Dufty, Hernández, McGoldrick, Reilly, Sanders, Sandoval and Stroeh; Second Vice President Ammiano

[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; Deputy General Manager/Bridge Division Kary H. Witt; Deputy General Manager/Bus Division Teri W. Mantony; Deputy General Manager/Ferry Division James P. Swindler; Human Resources Director Harvey Pye; Deputy District Engineer Ewa Z. Bauer; Assistant Clerk of the Board Karen B. Engbretson; Executive Assistant to the General Manager Amorette Ko; Captain Michael J. Locati

Visitors Present: Carl Taber, Attorney; Jon King, Attorney

PLEDGE OF ALLEGIANCE

First Vice President Albert J. Boro led the Board of Directors in the Pledge of Allegiance to the Flag.

PUBLIC COMMENT

There was no public comment.

CONSENT CALENDAR

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

AYES (10): Directors Brown, Cochran, Eddie, Grosboll, Kerns, McGlashan, Newhouse Segal and Pahre; First Vice President Boro; President Moylan

NOES (0): None

ABSENT (8): Directors Dufty, Hernández, McGoldrick, Reilly, Sanders, Sandoval and Stroeh; Second Vice President Ammiano

       
1. Approve the Minutes of the Following Meetings:
       
  a.
Transportation Committee/Committee of the Whole of June 12, 2008;
  b.
Finance-Auditing Committee/Committee of the Whole of May 22, 2008, and June 12, 2008;
  c.
Rules, Policy and Industrial Relations Committee/Committee of the Whole of June 13, 2008; and,
  d.

Regular Meeting of the Board of Directors of June 13, 2008.

Carried

       
2.

Denial of Claims

There were no claims to be acted upon at this meeting.

       
GENERAL MANAGER'S REPORT
       
3.

Presentation of Retirement Gift to Margo DeCook, Administrative Receptionist, District Division

President Moylan presented a retirement gift to Margo DeCook, Administrative Receptionist, District Division, for twenty-three years of dedicated service, and expressed his best wishes for a long and happy retirement on behalf of the Board of Directors.

       
4.

Presentation of Twenty-Year Service Award to Sheri Creer, Bridge Lieutenant, Bridge Division

President Moylan presented a Twenty-Year Service Award to Sheri Creer, Bridge Lieutenant, Bridge Division, and expressed his congratulations on behalf of the Board of Directors.

       
5.

Presentation of Twenty-Year Service Award to Anthony McClure, Bus Operator, Bus Division

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

       
6.

Approve Request for Accretion to the Bargaining Unit Represented by the International Federation of Professional and Technical Engineers, Local No. 21, AFL-CIO, for Allied Administrative, Non-Professionals in the District Division

In a memorandum to the Board of Directors, Ms. Kupersmith provided a recommendation regarding a request for accretion of the position of Receptionist to the bargaining unit of Allied Administrative, Non-Professionals in the District Division to be represented by the Federation of Professional and Technical Engineers, Local No. 21, AFL-CIO. The report stated that the Receptionist position has not been included in any recognized bargaining unit and is currently unrepresented. The report explained that the District has implemented a plan in which employees from the Engineering Department, who currently hold Office Specialist positions, will relieve the Receptionist when absent. The report also stated that with the retirement of the incumbent Receptionist, the District plans to establish a new Office Specialist position that will cover the front desk reception duties of the former Receptionist position. A copy of the report is available in the Office of the District Secretary and on the District’s web site.

Directors BROWN/KERNS
Resolution No. 2008-056
approves the request for accretion of the position of Receptionist to the bargaining unit of Allied Administrative, Non-Professionals in the District Division to be represented by the Federation of Professional and Technical Engineers, Local No. 21, AFL-CIO; with the understanding that the current position of Receptionist will be retitled to Office Specialist, which classification is represented by the bargaining unit.

Adopted

AYES (10): Directors Brown, Cochran, Eddie, Grosboll, Kerns, McGlashan, Newhouse Segal and Pahre; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (8): Directors Dufty, Hernández, McGoldrick, Reilly, Sanders, Sandoval and Stroeh; Second Vice President Ammiano

       
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 two matters of pending litigation, Robert McAvoy vs. Golden Gate Bridge, Highway and Transportation District (District), listed on the Agenda as Item No. 6.B.1.a., and District v. Marsh and McLennan Companies, Inc., et al., listed on the Agenda as Item No. 6.B.1.b.
       
ENGINEER’S REPORT
       
8.
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 JUNE 26, 2008
       
9.

Approve Actions Relative to the Execution of a Professional Services Agreement with Environmental Science Associates Relative to Request for Proposals No. 2006 B-5, Golden Gate Bridge Seismic Retrofit Phase III, Environmental Compliance Monitoring Services

Directors EDDIE/KERNS
Resolution No. 2008-057
approves the following actions relative to Request for Proposals No. 2006-B-5, Golden Gate Bridge Seismic Retrofit Phase III, Environmental Compliance Monitoring Services:

  a.
Authorize execution of a Professional Services Agreement with Environmental Science Associates, San Francisco, CA, in an amount not to exceed $300,000, subject to the Golden Gate Bridge, Highway and Transportation District receiving approval from the Federal Highway Administration and the California Department of Transportation; and,
  b.

Establish a contingency reserve fund in the amount of $30,000.

Adopted

       
 
AYES (10): Directors Brown, Cochran, Eddie, Grosboll, Kerns, McGlashan, Newhouse Segal and Pahre; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (8): Directors Dufty, Hernández, McGoldrick, Reilly, Sanders, Sandoval and Stroeh; Second Vice President Ammiano
       
10.

Approve Actions Relative to the Award of Contract No. 2008-FT-8, Larkspur Ferry Terminal Parking and Access Improvements (Phase I), to Ghilotti Bros., Inc.

Directors EDDIE/BORO
Resolution No. 2008-058
approves the following actions relative to the award of Contract No. 2008-FT-8, Larkspur Ferry Terminal Parking and Access Improvements (Phase I):

  a.
Authorize the award of Contract No. 2008-FT-8 to Ghilotti Bros., Inc., San Rafael, CA, in the amount of $1,298,000 (80% Federal Transit Administration funded and 20% District funded);
  b.
Authorize a contract contingency fund in the amount of $129,800, equal to 10% of the contract award; and,
  c.
Authorize the General Manager, or her designee, to execute an Agreement with the San Francisco Bay Conservation and Development Commission for compliance with permitting and amendments regarding parking and other related maintenance issues at the Larkspur Ferry Terminal; and,
  d.

Authorize a budget decrease in the FY 07/08 Ferry Transit Division Operating Budget in the amount of $560,000.

Adopted

       
 
AYES (10): Directors Brown, Cochran, Eddie, Grosboll, Kerns, McGlashan, Newhouse Segal and Pahre; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (8): Directors Dufty, Hernández, McGoldrick, Reilly, Sanders, Sandoval and Stroeh; Second Vice President Ammiano
       
11.

Approve Actions Relative to the Award of Contract No. 2009-BT-2, San Rafael Bus Facility Security Improvements, to Sonoma County Builders, Inc.

Directors EDDIE/KERNS
Resolution No. 2008-059
approves the following actions relative to the award of Contract No. 2009-BT-2, San Rafael Bus Facility Security Improvements:

  a.
Waive minor irregularities presented in the bid of Sonoma County Builders, Inc., and authorize the award of Contract No. 2009-BT-2 to Sonoma County Builders, Inc., Santa Rosa, CA, in the amount of $590,108.22 (75% U.S. Department of Homeland Security Transit Security Grant Program grant funded and 25% District funded);
  b.
Authorize a contract contingency fund in the amount of $59,010, equal to 10% of the contract award; and,
  c.

Authorize a budget increase in the FY 07/08 Bus Transit Division Operating Budget in the amount of $624,419, to be funded by $411,119 of Transit Security Grant Program funds and $213,300 from District reserves, subject to the concurrence of the Finance-Auditing Committee at its meeting of June 26, 2008.

Adopted

       
 
AYES (10): Directors Brown, Cochran, Eddie, Grosboll, Kerns, McGlashan, Newhouse Segal and Pahre; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (8): Directors Dufty, Hernández, McGoldrick, Reilly, Sanders, Sandoval and Stroeh; Second Vice President Ammiano
       
REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF JUNE 26, 2008
       
12.

Authorize a Budget Transfer from the FY 07/08 Operating Budget to the FY 07/08 Capital Budget for Indirect Cost and Excess District Project Management Costs

Directors PAHRE/BORO
Resolution No. 2008-060
authorizes a budget transfer from the FY 07/08 Operating Budget to the FY 07/08 Capital Budget in the amount of $2,876,400, for recognition of Indirect Cost and excess District Project Management costs, to be funded with $2,661,500 of federal grant funds and $214,900 of District funds.

Adopted

AYES (10): Directors Brown, Cochran, Eddie, Grosboll, Kerns, McGlashan, Newhouse Segal and Pahre; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (8): Directors Dufty, Hernández, McGoldrick, Reilly, Sanders, Sandoval and Stroeh; Second Vice President Ammiano

     
13.

Authorize a Budget Increase in the FY 07/08 Ferry Transit Division Capital Budget Relative to the Dry-Docking and Re-Powering of the M.V. Mendocino

Directors PAHRE/BORO
Resolution No. 2008-061
authorizes a budget increase in the FY 07/08 Ferry Transit Division Capital Budget in the amount of $95,000, to be funded with Federal Transit Administration grant funds, relative to the dry-docking and re-powering of the M.V. Mendocino.

Adopted

AYES (10): Directors Brown, Cochran, Eddie, Grosboll, Kerns, McGlashan, Newhouse Segal and Pahre; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (8): Directors Dufty, Hernández, McGoldrick, Reilly, Sanders, Sandoval and Stroeh; Second Vice President Ammiano

     
CLOSED SESSION
     
14.

Attorney’s Report

Attorney David Miller, at the request of President Moylan, stated that the Board of Directors would convene in closed session to discuss two matters of pending litigation, Robert McAvoy vs. District, listed on the Agenda as Item No. 6.B.1.a., and District v. Marsh and McLennan Companies, Inc., et al., listed on the Agenda as Item No. 6.B.1.b.

After closed session, President Moylan 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 discuss the matters listed above. With respect to the pending litigation matter of Robert McAvoy vs. District, Mr. Miller reported that the Board unanimously provided settlement authority for disposition of this matter. With respect to the pending litigation matter of District v. Marsh and McLennan Companies, Inc., et al., Mr. Miller reported that a report was provided by Counsel of the settlement of this case and that the Board of Directors has ratified the action that has been taken to effect a settlement with Marsh and McLennan Companies, Inc., in the class action litigation to which the District is a party.

     
ADJOURNMENT
     
15.
All business having been concluded, the meeting was adjourned at 10:45 a.m., in the memory of John D. Alexander, Stephen Marello, William J. Morris, Agnes Gatto Piccetti and Nancy Lee.
     

Respectfully submitted,

/s/ Janet S. Tarantino
Secretary of the District