bd090925min

15-2009

GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

MEMORANDUM OF MINUTES

BOARD OF DIRECTORS MEETING

SEPTEMBER 25, 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, September 25, 2009, at 10:00 a.m., President Boro presiding.

ROLL CALL

Directors Present (14): Directors Chu, Cochran, Dufty, Elsbernd, Grosboll, Kerns, McGlashan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro

Directors Absent (3): Directors Brown, Campos and Moylan

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 David J. Miller, Madeline Chun, Julie Veit; Deputy General Manager/Bridge Division Kary H. Witt; Deputy General Manager/Bus Division Teri W. Mantony; Deputy General Manager/Administration and Development Z.W. Johnson; Marine Projects Manager/Ferry Division and Acting Deputy General Manager/Ferry Division Christian Stark; Acting Executive Assistant to the General Manager Sonia Pedlar; Assistant Clerk of the Board Patsy Whala

Visitors Present: Norman Rolfe/Board Member, San Francisco Tomorrow; Captain Robert Morehan, California Highway Patrol; Lieutenant David Raleigh, California Highway Patrol

PLEDGE OF ALLEGIANCE

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

PUBLIC COMMENT

Public comment was received relative to Agenda Item No. 9, below.

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 (16): Directors Chu, Cochran, Dufty, Elsbernd, Grosboll, Kerns, McGlashan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro

NOES (0): None

ABSENT (3): Directors Brown, Campos and Moylan


1.	Denial of Claims

	a.	Claim of Benjamin L. Kembel Carried
	b.	Claim of Remick Lew Carried
	c.	Claim of Sheila O'Neill Carried
	d.	Subrogation Claim of California State Automobile Association (Insured: Hildegard Dacasin) Carried
	e.	Claim of Stephanie Schwartz Effros Carried
	f.	Claims of Karen Silva-Schisler and Karl Schisler Carried

GENERAL MANAGER'S REPORT

2.	General Manager Celia Kupersmith reported that all items contained in the General Manager’s report were informational.

3.	Presentation of Employee of the Month Award to Karin Williams, Senior Specialist for Application Support in the District Division President Boro presented the Employee of the Month Award to Karin Williams, Senior Specialist for Application Support in the District Division, and expressed his congratulations on behalf of the Board of Directors.

ATTORNEY’S REPORT

4.	Attorney David Miller reported that all items contained in the Attorney’s Report were informational. In addition, Mr. Miller provided an update on the proceedings before the California State Public Utilities Commission whereby the Red and White fleet is seeking use of the District’s docking facility in Sausalito. Mr. Miller provided the details regarding the hearings on this matter, acknowledging the contributions made by Director McGlashan and members of the Ferry Passenger Advisory Committee who spoke in favor of the District’s position. Mr. Miller stated that Director McGlashan's testimony presented his concerns as a Marin County Supervisor on behalf of his southern Marin County constituents who could be adversely affected if the Red and White petition were granted. Mr. Miller reported that following the hearings, Red and White has advised of its intention to withdraw its application, thereby ending these proceedings.

ENGINEER’S REPORT

5.	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 SEPTEMBER 24, 2009

6.	Approve Actions Relative to the Execution of a Professional Services Agreement with Moffatt & Nichol Regarding Request for Proposals No. 2010-FT-3, Conceptual Designs, Environmental Studies and Engineering Services for Modifications and Improvements to the Larkspur, San Francisco and Sausalito Ferry Terminal Facilities

	a.	Discussion by the Board Director Sanders inquired as to whether the District has acquired funding for the proposed projects. In response, Ms. Kupersmith stated that the District has secured some funding; however, the projects are in the capital plan and staff will continue to seek grant funding over the next several years. Also, Mr. Mulligan stated that staff anticipates that the projects will be 80% grant funded. Director Grosboll inquired as to the timeline of the projects. In response, Mr. Mulligan stated that staff anticipates the work at the Sausalito Ferry Terminal to commence within a year.

	b.	Action by the Board Directors EDDIE/STROEH Resolution No. 2009-077 approves actions relative to Request for Proposals No. 2010-FT-3, Conceptual Designs, Environmental Studies and Engineering Services for Modifications and Improvements to the Larkspur, San Francisco and Sausalito Ferry Terminal Facilities, as follows:
		a.	Authorize execution of a Professional Services Agreement with Moffatt & Nichol, Walnut Creek, CA, in an amount not to exceed $6,000,000.00;
		b.	Establish a total project budget of $7,844,000.00, to be funded with $6,275,200 Federal Transit Administration funds (80%) and $1,568,800.00 District reserves (20%); and,
		c.	Authorize a budget increase in the FY 09/10 Ferry Transit Division Capital Budget in the amount of $5,844,000.00, as concurred with the Finance-Auditing Committee at its meeting of September 24, 2009. Adopted

		AYES (16): Directors Chu, Cochran, Dufty, Elsbernd, Grosboll, Kerns, McGlashan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (3): Directors Brown, Campos and Moylan

7.	Approve Actions Relative to the Award of Contract No. 2010-FT-10, Installation of New Propulsion System for Re-Powering and Dry-Docking of the M.V. Del Norte, to Ice Floe, LLC, dba Nichols Brothers Boat Builders Directors EDDIE/COCHRAN Resolution No. 2009-078 approves actions relative to the award of Contract No. 2010-FT-10, Installation of New Propulsion System for Re-Powering and Dry-docking of the M.V. Del Norte, as follows:
	a.	Authorize award of a contract to Ice Floe, LLC, dba Nichols Brothers Boat Builders, Freeland, WA, in the amount of $2,313,314.00;
	b.	Establish a contingency fund in the amount of $375,000.00, to cover anticipated sales tax, delivery costs and any unanticipated items that may be discovered once work commences;
	c.	Authorize the General Manager to approve change orders to Contract No. 2010-FT-10, up to the maximum of the available project contingency, with the understanding that any individual change order exceeding $50,000.00 requires the concurrence of the President of the Board and the Chair of the Building and Operating Committee; and,
	d.	Authorize a budget increase in the FY 09/10 Ferry Transit Division Capital Budget in the amount of $1,386,000.00, to be funded with Federal Transit Administration funds (100%). Adopted

	AYES (16): Directors Chu, Cochran, Dufty, Elsbernd, Grosboll, Kerns, McGlashan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (3): Directors Brown, Campos and Moylan

REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 24, 2009

8.	Approve Actions Relative to the Execution of a Professional Services Agreement with ICMA Retirement Corporation Regarding Request for Proposals No. 2010-D-1, Deferred Compensation Plan Provider

	a.	Discussion by the Board Director Sobel commended staff on the preparation of the staff report, which provided the Board with valuable information to discuss the matter.

	b.	Action by the Board Directors STROEH/KERNS Resolution No. 2009-079 approves actions relative to Request for Proposals No. 2010-D-1, Deferred Compensation Plan Provider, as follows:
		a.	Authorize execution of a Professional Services Agreement with ICMA Retirement Corporation, Washington, D.C., for a five-year term, with two one-year options, to provide bundled plan services for the District’s IRC Section 457 Deferred Compensation Plan (Plan);
		b.	Approve the District’s Plan and Trust Agreement and delegated Board authority to the Auditor-Controller to approve amendments to the Plan and Trust Agreement to confirm with future changes in federal and state regulations, upon review by district’s legal counsel; and,
		c.	Approve the District Plan’s Investment Policy Statement and delegated Board authority to the Auditor-Controller to approve minor amendments, if necessary. Adopted

		AYES (16): Directors Chu, Cochran, Dufty, Elsbernd, Grosboll, Kerns, McGlashan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (3): Directors Brown, Campos and Moylan


9.	Receive the Updated Five- and Ten-Year Financial Projection

	a.	Public Comment Norman Rolfe, Board Member, San Francisco Tomorrow, expressed his concerns regarding the expense and the detriment to the District and the Presidio for the Doyle Drive Reconstruction Project.

	b.	Discussion by the Board Director Snyder commended staff for the well thought-out staff report, which was clear and helpful. Director Stroeh encouraged the Board members to attend the Special Meeting of the Board of Directors at its meeting of October 30, 2009, to discuss the strategic plan for financial stability.

	c.	Action by the Board Directors STROEH/KERNS Resolution No. 2009-080 receives the updated Five- and Ten-Year Financial Projection (Projection) from FY 10/11 through FY 19/20, including the following Sections and Appendices, included in the Projection attached to the official Resolution:
		a.	SECTIONS
			I.	Introduction;
			II.	Fiscal Strength of the District;
			III.	Project Findings;
			IV.	Assumptions; and,
			V.	Next Steps.
		b.	APPENDICES
			A.	Projection;
			B.	Assumptions;
			C.	Ten-Year Capital Plan Projection;
			D.	Capital Contribution Calculation; and,
			E.	Reserve Structure. Adopted

	AYES (16): Directors Chu, Cochran, Dufty, Elsbernd, Grosboll, Kerns, McGlashan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (3): Directors Brown, Campos and Moylan

10.	Accept Annual Review and Report from the OPEB Retirement Investment Trust Board to the Golden Gate Bridge, Highway, and Transportation District's Board of Directors Directors STROEH/PAHRE Resolution No. 2009-081 accepts the FY 08/09 Annual Review and Report from the OPEB Retirement Trust Board in the following three areas:
	a.	Monitor compliance of the Investment Policy for the OPEB Trust, which compliance has been certified as of June 30, 2009;
	b.	Review and assess the performance of the two service providers:
		1)	PFM Asset Management LLC, as the Investment Advisor and Trust Administrator; and,
		2)	U.S. Bank National Association as the Trustee and Custodian; which have complied fully with their responsibilities; and,
	c.	Review and reassess the adequacy of the Trust Board’s Charter and recommend proposed changes, if necessary, which after review no changes were recommended. Adopted

	AYES (16): Directors Chu, Cochran, Dufty, Elsbernd, Grosboll, Kerns, McGlashan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (3): Directors Brown, Campos and Moylan

REPORT OF THE RULES, POLICY AND INDUSTRIAL RELATIONS COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 25, 2009

11.	*Approve Amendments, Clarifications and Technical Changes to Master Ordinance 2009* Relative to Expressive Activities and Special Events** Directors PAHRE/KERNS Ordinance No. 2009-05 approves amendments, clarifications and technical changes to the Master Ordinance 2009, relative to expressive activities and special events, as outlined in the Ordinance and attached hereto. Adopted AYES (16): Directors Chu, Cochran, Dufty, Elsbernd, Grosboll, Kerns, McGlashan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (3): Directors Brown, Campos and Moylan

ADDRESSES TO THE BOARD

12.	Mr. Witt introduced Captain Robert Morehan and Lieutenant David Raleigh from the California Highway Patrol (CHP), expressing his satisfaction with the assistance the CHP provides the District relative to expressive activities, as well as for day-to-day operations.

13.	Ms. Kupersmith acknowledged the recent promotion of Lisa Locati, from Lieutenant to Bridge Captain, stating that Captain Locati is the first woman to hold this position. Ms. Locati replaces the newly retired Captain Michael Locati.

NEW BUSINESS

14.	Briefing on the Annual Meeting of the International Bridge, Tunnel and Turnpike Association by the members of the Board of Directors:

	a.	President Boro made the following comments: He reported that Deputy General Manager/Bridge Division Kary Witt completed his one-year term as IBTTA President. Also, he commended Mr. Witt for his strong leadership skills and expertise as a moderator. He reported on the sessions he attended, briefly touching upon the characteristics of Vehicle Miles Traveled and congestion pricing. He reported on the onsite tours, which included toll road operations, describing the functions of the command center and the emergency contact protocols.

	b.	Director Pahre made the following comments: She reported on the session she attended on sustainability, which looked at a transit agency’s carbon footprint to ensure it is as small as possible while still maintaining transit operations.

	c.	Director Cochran made the following comments: He reported on the session he attended on environmental policy, requesting that the District explore the possibility of adopting its own environmental policy.

ADJOURNMENT

15.	All business having been concluded, the meeting was adjourned at 11:00 a.m., in the memory of Ida Mae Lightner and Jovita Ramos.

Respectfully submitted,

/s/ Janet S. Tarantino
Secretary of the District