8-2009

GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

MEMORANDUM OF MINUTES

BOARD OF DIRECTORS MEETING

MAY 22, 2009

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, May 22, 2009, at 10:00 a.m., President Boro presiding.

ROLL CALL

Directors Present (17): Directors Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro

Directors Absent (2): Directors Grosboll and Sobel

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/Bus Division Teri W. Mantony; Deputy General Manager/Ferry Division James P. Swindler; Deputy General Manager/Administration and Development ZW Johnson; Public Affairs Director Mary C. Currie; Executive Assistant to the General Manager Amorette Ko; Captain Michael J. Locati; Assistant Clerk of the Board Patsy Whala

Visitors Present: Raymond Messier, President, Amalgamated Transit Union, Local No. 1575

PLEDGE OF ALLEGIANCE

Director Harold C. Brown, Jr., led the Board of Directors in the Pledge of Allegiance to the Flag.

PUBLIC COMMENT

There was no public comment.

CONSENT CALENDAR


1.	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 Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (2): Directors Grosboll and Sobel

2.	Approve the Minutes of the Following Meeting:

	a.	To be announced.

3.	Denial of Claims

	a.	Claim of Malfred Spencer Carried
	b.	Insufficient Claim of Jackie Cole for Austin Cole Carried
	c.	Subrogation Claim of Allied Insurance (Insured: Arah Lacambra) Carried
	d.	Claim of Janis Reno Carried

4.	Ratify Actions by the Auditor-Controller Resolution No. 2009-041 (Finance-Auditing Committee, April 23, 2009) ratifies actions taken by the Auditor-Controller, as follows:

	a.	The Board of Directors have no commitments and/or expenditures to ratify for the period March 1, 2009, through March 31, 2009;

	b.	Ratify investments made by the Auditor-Controller during the period March 17, 2009, through April 13, 2009, as follows;

Security	Purchase Date	Maturity Date	Original Cost	Percent Yield
Societe Generale NA Commercial Paper	03/27/09	06/25/09	$6,329,063.50	0.69
FHLMC Notes (Callable)	04/03/09	03/18/14	$5,067,000.00	2.96
FHLMC Notes (Callable)	04/06/09	03/18/14	$5,067,000.00	3.00


	c.	Authorize the Auditor-Controller to re-invest, within the established policy of the Board, investments maturing between April 14, 2009, and May 11, 2009, as well as the investment of all other funds not required to cover expenditures that may become available; and,

	d.	Accept the Investment Reports for March 2009 prepared by PFM. Adopted

GENERAL MANAGER'S REPORT

5.	Announcement Ms. Kupersmith announced that the District has been awarded the Certificate of Achievement for Excellence in Financial Reporting from the Government Financial Officers Association for the District’s Comprehensive Financial Report for FY 08/09, due to the hard work and diligence from the budget development and financial reporting teams in the Finance-Auditing Department. Ms. Kupersmith acknowledged the hours that staff has dedicated to the project and congratulated them on behalf of the District.

6.	Presentation of Ten-Year Service Award to Celia Kupersmith, General Manager President Boro and Past President Moylan presented a Ten-Year Service Award to Celia Kupersmith, General Manager, and expressed his congratulations on behalf of the Board of Directors. President Boro described the District’s accomplishments under her leadership.

7.	Presentation of Twenty-Year Service Award to John Beard, Vessel Master, Ferry Transit Division President Boro presented a Twenty-Year Service Award to John Beard, Vessel Master, Ferry Transit Division, and expressed his congratulations on behalf of the Board of Directors.

8.	Presentation of Twenty-Year Service Award to Nolan McCoy, Bus Operator, Bus Transit Division President Boro presented a Twenty-Year Service Award to Nolan McCoy, Bus Operator, Bus Transit Division, and expressed his congratulations on behalf of the Board of Directors.

9.	Presentation of Employee of the Month Award for May 2009 to Donna Stepanek, Bus Operator, Bus Transit Division President Boro presented the Employee of the Month Award for May 2009 to Donna Stepanek, Bus Operator, Bus Transit Division, and expressed his congratulations on behalf of the Board of Directors.

ATTORNEY’S REPORT

10.	Attorney David Miller reported that all items contained in the Attorney’s Report were informational. Mr. Miller noted that, although a closed session has been listed on the agenda, the next scheduled meeting with the Union Coalition will take place next week. It is anticipated that the outcome of these meetings will be presented to the Board at its meeting of June 12, 2009. He also noted that, if circumstances arise that require discussion of labor negotiations implication of the salary and bonus freeze item on this agenda, the Board has the liberty of going into closed session, if desired; otherwise, there will not be a closed session at the conclusion of the Board meeting.

ENGINEER’S REPORT

11.	District Engineer Denis Mulligan reported that all items contained in the Engineer’s Report were informational. Mr. Mulligan noted that the Seismic Retrofit Project Phase II will no longer be included in the Engineer’s Report, as this project has now been closed out and the final walk-through has been completed.

REPORT OF THE BUILDING AND OPERATING COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF MAY 21, 2009

12.	Authorizes Execution of a Memorandum of Agreement with Historic Preservation Agencies and Other Interested Parties Relative to the Golden Gate Bridge Physical Suicide Deterrent System Project Directors EDDIE/STROEH Resolution No. 2009-042 authorizes the General Manager to execute, on behalf of the District as a concurring party, the Memorandum of Agreement between the California Department of Transportation, the California State Historic Preservation Officer and the Federal Advisory Council on Historic Preservation relative to the proposed Golden Gate Bridge Physical Suicide Deterrent System project, and selection of Alternative 3, installation of a Net system, as the Locally Preferred Alternative. Adopted AYES (17): Directors Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (2): Directors Grosboll and Sobel

13.	*Approve Actions Relative to the Award of Contract No. 2009-B-4, Toll Plaza Pavement and Access Improvements, to Granite Rock Company, dba Pavex Construction Division*

	a.	Discussion by the Board Director Sanders inquired as to whether the District can exercise any flexibility to consider local businesses when awarding a contract, particularly if the total bid amount between the first and second bidders is close. In response, Mr. Miller stated that State law dictates that construction contracts be awarded to the lowest bidder. Mr. Miller noted that public entity’s have flexibility when it comes to authorizing execution of professional services agreements and certain types of equipment contracts.

	b.	Action by the Board Directors EDDIE/STROEH Resolution No. 2009-043 approves actions relative to the award of Contract No. 2009-B-4, Toll Plaza Pavement and Access Improvements, as follows:
		1.	Authorizes award of Contract No. 2009-B-4 to Granite Rock Company, dba Pavex Construction Division, San Jose, CA, in the amount of $1,403,325.00;
		2.	Authorizes a contingency fund in an amount of $140,332.00, equal to 10% of the contract award;
		3.	Establishes a total project budget of $2,208,000 (100% District funded); and,
		4.	Authorizes a budget decrease in the FY 08/09 Bridge Division Capital Budget in the amount of $892,000, as concurred with by the Finance-Auditing Committee at its meeting of May 21, 2009. Adopted

		AYES (17): Directors Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (2): Directors Grosboll and Sobel

14.	*Approve Actions Relative to Contract 2009-FT-9, Seating and Miscellaneous Furniture for the M.V. Snohomish (M.V. Napa) and the M.V. Chinook Ferries, to Beurteaux (Australia) Pty Ltd.* Directors EDDIE/MOYLAN Resolution No. 2009-044 approves actions relative to the award of Contract No. 2009-FT-9, Seating and Miscellaneous Furniture for the M.V. Snohomish (M.V. Napa) and the M.V. Chinook Ferries, as follows:
	a.	Authorizes the award of Contract No. 2009-FT-9, to Beurteaux (Australia) Pty Ltd., in the amount of $294,917.10, for seating and miscellaneous furniture for the M.V. Chinook;
	b.	Authorizes the General Manager, or her designee, to exercise an option, if the exercise of such option is in the District’s best interest, for the purchase of seating and miscellaneous furniture for the M.V. Snohomish (M.V. Napa), in the amount of $294,917.10; and,
	c.	Establishes a contingency fund in the amount of $100,000.00, to cover taxes and unanticipated items;
	subject to the receipt of a waiver from the Federal Transit Administration for the Buy America Certificate, and with the understanding that requisite funds are available in the FY 09/10 Ferry Transit Division Capital Budget. Adopted AYES (17): Directors Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (2): Directors Grosboll and Sobel

15.	Authorize Actions Regarding the Execution of a Services Agreement with Karl Senner, Inc., Relative to Sole Source Contract No. 2010-FT-4, Gearbox and Re-Ratioing for the M.V. Del Norte Directors EDDIE/COCHRAN Resolution No. 2009-045 approves actions relative to the award of Contract No. 2010-FT-4, Gearbox and Re-Ratioing for the M.V. Del Norte, as follows:
	a.	Authorizes the award of a Sole Source Contract with Karl Senner, Inc., Kenner, LA, in the amount of $344,488.00; and,
	b.	Establishes a contingency fund in the amount of $80,512.00, to cover taxes and unanticipated items, as concurred with by the Finance-Auditing Committee at its meeting of May 21, 2009;
	c.	Authorizes a budget increase in the FY 08/09 Ferry Transit Division Capital Budget in the amount of $907,000.00, as concurred with by the Finance-Auditing Committee at its meeting of May 21, 200, as concurred with by the Finance-Auditing Committee at its meeting of May 21, 2009;
	subject to the receipt of a waiver from the Federal Transit Administration for the Buy America Certificate. Adopted AYES (17): Directors Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (2): Directors Grosboll and Sobel

16.	*Authorize Execution of Change Order No. 4, Relative to Contract No. 2009-FT-11, Interior and Exterior Modifications to the M.V. Snohomish (M.V. Napa), with Dakota Creek Industries, Inc.* Directors EDDIE/STROEH Resolution No. 2009-046 authorizes execution of Change Order No. 4 to Contract No. 2009-FT-11, Interior and Exterior Modifications to the M.V. Snohomish (M.V. Napa), with Dakota Creek Industries, Inc., Anacortes, WA, in the amount of $35,682.00, to provide additional support and effects repairs to correct defects that were uncovered as part of the water jet repair/refurbishment effort; authorizes an increase in the contingency fund in the amount of $5,000.00; and, establishes a total project budget of $232,000.00; Adopted AYES (17): Directors Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (2): Directors Grosboll and Sobel

REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF MAY 22, 2008

17.	Authorize Filing an Application with the Metropolitan Transportation Commission for FY 09/10 Transportation Development Act, State Transit Assistance And Regional Measure 2 Operating Funds to Support Bus, Ferry and Paratransit Services Directors STROEH/BROWN Resolution No. 2009-047 authorizes the General Manager to file an application with the Metropolitan Transportation Commission for FY 09/10 Transportation Development Act, State Transit Assistance and Regional Measure 2 operating funds to support the District’s bus, ferry and paratransit services, as well as to fund Lifeline Transportation Program projects. Adopted AYES (17): Directors Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (2): Directors Grosboll and Sobel

18.	Approve a Salary and Bonus Freeze for Fiscal Year 2009-2010 for Non-Represented Employees and Officers

	a.	Discussion by the Board Director Sanders commended District staff and leadership in recommending this item and stated that, although the District cannot give raises and bonuses, it does not reflect on employee performance.

	b.	Action by the Board Directors STROEH/KERNS Resolution No. 2009-048 approves a policy that no across-the-board general salary increases or performance-based bonuses in FY 09/10 will be granted to non-represented employees and Officers, in light of the serious financial challenges in the upcoming fiscal year with the loss of State Transit Assistance funds and the recession-caused decrease in toll revenue. Adopted

19.	Authorize Execution of a Revenue-Sharing Agreement with Marin Transit Directors STROEH/BROWN Resolution No. 2009-049 authorizes execution of a Revenue-Sharing Agreement with the Marin County Transit District (Marin Transit) to allow use of local Marin daily, weekly and monthly bus passes on Golden Gate Transit regional bus routes and to provide for full fare reciprocity between Marin Transit shuttles and Golden Gate Transit buses for the purpose of providing seamless travel opportunities for Marin residents using both Marin- and District-operated transit services. Adopted AYES (16): Directors Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder and Stroeh; Second Vice President Eddie; President Boro NOES (1): First Vice President Reilly ABSENT (2): Directors Grosboll and Sobel

20.	Receive the Independent Accountant’s Report on Agreed-Upon Procedures Pertaining to the Proceeds of the Public Transportation Modernization, Improvement, and Service Enhancement Account Grant for the Year Ended June 30, 2008, as Submitted by Vavrinek, Trine, Day & Co., LLP Directors STROEH/KERNS Resolution No. 2009-050 receives the Independent Accountant’s Report on agreed-upon procedures pertaining to the “Proceeds of the Public Transportation Modernization, Improvement, and Service Enhancement Account Grant,” for the Year Ended June 30, 2008, in compliance with Government Auditing Standards Board, as submitted by Vavrinek, Trine, Day & Co., LLP, in compliance with Government Auditing Standards. Adopted AYES (17): Directors Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (2): Directors Grosboll and Sobel

21.	NEW BUSINESS Director Reilly described to the Board of Directors her recent tour of the Ferry Transit Division, commending the staff for their courteous and professional demeanor. Director Reilly encouraged the Board members to take tours of the District’s Ferry Transit and Bus Transit Divisions. Ms. Kupersmith expressed her sympathy for the passing of GGNRA Superintendent Brian O’Neill. She commented that Mr. O’Neill was a consummate professional and admired by both peers and employees alike, and will be sorely missed by the District and all who work for the National Parks. Ms. Kupersmith expressed her sympathy for the family of Army Specialist Jake Velloza. Mr. Velloza was killed in the line of duty in Iraq. His father works as a mechanic in the Ferry Transit Division and has worked for the District for over 20 years. Ms. Kupersmith commended the Office of the Secretary of the District for their work in the preparation of condolences from the District.

ADJOURNMENT

22.	All business having been concluded, the meeting was adjourned at 10:40 a.m., in the memory of Jake Robert Velloza, Brian O’Neill, Joyce Thomas, Michael Miller, Josephine Corn Lee, Robert Bos, Patrick Healy, Frank Fee and William L. Sullivan.

Respectfully submitted,

/s/ Janet S. Tarantino
Secretary of the District