19-2009

GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

MEMORANDUM OF MINUTES

BOARD OF DIRECTORS MEETING

NOVEMBER 20, 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, CA, on Friday, November 20, 2009, at 10:00 a.m., President Boro presiding.

ROLL CALL

Directors Present (15): Directors Brown, Chu, Cochran, Elsbernd, Grosboll, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro

Directors Absent (4): Directors Campos, Dufty, Kerns and Snyder

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/Ferry Transit Division James P. Swindler; Deputy General Manager/Administration and Development Z. Wayne Johnson; Public Affairs Director Mary C. Currie; Acting Executive Assistant to the General Manager Sonia Pedlar; Assistant Clerk of the Board Patsy Whala

Visitors Present: None

PLEDGE OF ALLEGIANCE

Director Joanne Sanders led the Board of Directors in the Pledge of Allegiance to the Flag.

PUBLIC COMMENT

There was no public comment.


1.	Request to Sever Item from Consent Calendar Secretary of the District Janet Tarantino requested, and the Board concurred, that Item No. 5.A.4., “Approve the Minutes of the Rules, Policy and Industrial Relations Committee meeting of November 13, 2009,” and Item No. 5.A.5., “Approve the Minutes of the Special Meeting of the Board of Directors of October 30, 2009,” be severed from the Consent Calendar, as these minutes were not yet ready for approval.

2.	Motion to Approve the Remaining Consent Calendar Items: Directors STROEH/EDDIE moved approval of the remaining Consent Calendar items. All items were approved by the following vote of the Board of Directors: AYES (15): Directors Brown, Chu, Cochran, Elsbernd, Grosboll, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (4): Directors Campos, Dufty, Kerns and Snyder

	a.	Approve the Minutes of the Following Meetings:

		1.	Transportation Committee/Committee of the Whole of November 13, 2009, September 10, 2009 and August 7, 2009;
		2.	Building and Operating Committee/Committee of the Whole of October 22, 2009;
		3.	Finance-Auditing Committee/Committee of the Whole of October 22, 2009, September 24, 2009 and August 13, 2009; and,
		4.	Regular Meetings of the Board of Directors of October 23, 2009, October 9, 2009, September 11, 2009 and August 14, 2009. Carried

	b.	Denial of Claims

		1.	Claim of Lisa Culbertson Carried
		2.	Subrogation Claim of Farmers Insurance Exchange (Insured: Curtis Lubiszewski) Carried
		3.	Claim of Jackie Pierce Carried
		4.	Amended Subrogation Claim of Allstate Insurance Company (Insured: Caro Bourdon) Carried
		5.	Claim of Luxor Cab Company Carried
		6.	Claim of Anne Saulnier Carried
		7.	Claim of Eduardo Rivera Carried

3.	Ratify Actions by the Auditor-Controller Resolution No. 2009-091 (Finance-Auditing Committee/Committee of the Whole October 22, 2009) ratifies actions taken by the Auditor-Controller, as follows:

	a.	Ratify commitments and/or expenditures for the period September 1, 2009 through September 30, 2009, totaling $13,602.00;

	b.	Ratify investments made by the Auditor-Controller during the period September 15, 2009 through October 12, 2009, as follows:

Security	Purchase Date	Maturity Date	Original Cost	Percent Yield
Calyon North America, Inc. Commercial Paper	9/15/09	11/02/09	2,028,350.72	0.24
Bank of America Commercial Paper	9/25/09	12/28/09	6,344,021.92	0.24
FNMA Notes (Callable)	9/29/09	09/29/14	5,000,000.00	3.13
BNP Paribas Fin., Inc. Commercial Paper	10/05/09	12/07/09	3,548,881.75	0.18
Societe Generale NA Commercial Paper	10/05/09	12/07/09	4,998,337.50	0.19
US Treasury Notes	10/09/09	11/15/10	871,466.02	0.52


	c.	Authorize the Auditor-Controller to re-invest, within the established policy of the Board, investments maturing between October 13, 2009, and November 9, 2009, as well as the investment of all other funds not required to cover expenditures that may become available; and,

	d.	Accept the Investment Report for September 2009 prepared by PFM. Adopted

GENERAL MANAGER’S REPORT

4.	Presentation of Leadership Award from California Transit Association to Gene Walker, Maintenance Manager, Bus Division President Boro presented a Leadership Award from California Transit Association (CTA) to Gene Walker, Maintenance Manager, Bus Transit Division, and expressed his congratulations on behalf of the Board of Directors. CTA presented this award to Mr. Walker in recognition of his strong leadership and vision during his transit career.

ATTORNEY’S REPORT

5.	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 matters related to labor negotiations.

ENGINEER’S REPORT

6.	District Engineer Denis Mulligan reported that all items contained in the Engineer’s Report were informational. At the meeting, Mr. Mulligan reported on the Environmental Impact Report (EIR) for the Golden Gate Bridge Physical Suicide Deterrent System Project. Mr. Mulligan noted that he anticipates that staff will present a recommendation to approve the final EIR to the Board of Directors at its meeting of December 18, 2009.

REPORTS OF THE TRANSPORTATION COMMITTEE/COMMITTEE OF THE WHOLE

7.	Approve Actions Relative to Changes to the Fare Coordination Agreement with the San Francisco Municipal Transportation Agency Directors BROWN/STROEH Ordinance No. 2009-06 approves actions relative to changes to the Fare Coordination Agreement with the San Francisco Municipal Transportation Agency (SFMTA), as follows:
	a.	Execute a Passenger Transfer Agreement with the SFMTA to provide for a reciprocal 50-cent TransLink® transfer credit for adult fares paid to San Francisco Muni (SF Muni) by passengers transferring from Golden Gate Ferry and Golden Gate Bus, and for adult fares paid to Golden Gate by passengers transferring from SF Muni to Golden Gate ferries and Golden Gate Transit buses, effective March 1, 2010; and,

	b.	Amend Section III.D.2., INTER-OPERATOR TRANSFERS of Master Ordinance 2009 by adding Subsection “e,” as follows: “Passengers presenting a valid TransLink® transfer from SF Muni will be granted credit toward the payment of TransLink® fare on Golden Gate Transit bus and ferry services in the amount of 50 cents for adults, or 25 cents for youth, seniors and persons with disabilities.” Adopted

	AYES (15): Directors Brown, Chu, Cochran, Elsbernd, Grosboll, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (4): Directors Campos, Dufty, Kerns and Snyder

REPORTS OF THE RULES, POLICY AND INDUSTRIAL RELATIONS COMMITTEE/COMMITTEE OF THE WHOLE

8.	Approve Revisions to Master Ordinance 2009 Relative to the Changes in the Fare Collection Policy Directors PAHRE/STROEH Ordinance No. 2009-07 approves revisions to Section I., GENERAL PROVISIONS, Subsections “A” through “D” of Master Ordinance 2009 relative to changes in the Fare Collection Policy resulting from implementation of new fareboxes and TransLink® on Golden Gate Transit buses, in lieu of paper tickets, effective July 1, 2009, attached hereto. Adopted AYES (15): Directors Brown, Chu, Cochran, Elsbernd, Grosboll, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (4): Directors Campos, Dufty, Kerns and Snyder

9.	Approve Actions Relative to the Adoption of a Procurement Policy and the Implementation of AB 116 Regarding Procurement Activities Directors PAHRE/MOYLAN Resolution No. 2009-092 approves adoption of a restated Procurement Policy that incorporates the recent changes to state law Assembly Bill 116 regarding the procurement of equipment, supplies or materials, and that confirms current procurement policies, attached hereto; and, authorizes the General Manager to take further actions as may be necessary to give effect to the restated Procurement Policy, if necessary, to implement changes in applicable laws and regulations and best procurement practices; with the understanding that changes that represent a deviation from the Procurement Policy must be approved by the Board of Directors. Adopted AYES (15): Directors Brown, Chu, Cochran, Elsbernd, Grosboll, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (4): Directors Campos, Dufty, Kerns and Snyder

10.	*Approve an Amendment to Section III.A. of Master Ordinance 2009* Relative to the Establishment and Enforcement of a Passenger Code of Conduct** Directors PAHRE/ELSBERND Ordinance No. 2009-08 approves an amendment to Section III., GOLDEN GATE TRANSIT – BUS AND FERRY SYSTEMS, Subsection “A,” GENERAL RULES of Master Ordinance 2009 by replacing Subsection “A” in its entirety relative to the establishment and enforcement of a Passenger Code of Conduct, effective November 20, 2009, attached hereto. Adopted AYES (15): Directors Brown, Chu, Cochran, Elsbernd, Grosboll, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (4): Directors Campos, Dufty, Kerns and Snyder

11.	*Approve an Amendment to Section I.G. of Master Ordinance 2009* Relative to Distribution of Written Materials Through Newsracks Directors PAHRE/SOBEL** Ordinance No. 2009-09 approves an amendment to Section I., GENERAL PROVISIONS of Master Ordinance 2009 by adding a new Subsection “G,” GENERAL PROVISIONS REGULATIONS PERTAINING TO USE OF TRANSIT PROPERTIES FOR DISTRIBUTION OF WRITTEN MATERIALS THROUGH NEWSRACKS, thereby re-lettering the remainder of the Subsections, relative to the consolidation of individual free-standing newsracks at the Larkspur Ferry Terminal, the C. Paul Bettini San Rafael Transit Center and the Santa Rosa Bus Facility into fixed, pedestal-mounted modular newsrack units, effective November 20, 2009, attached hereto. Adopted AYES (15): Directors Brown, Chu, Cochran, Elsbernd, Grosboll, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (4): Directors Campos, Dufty, Kerns and Snyder

12.	Approve Changes to the Table of Organization Within the Administration and Development Division Directors PAHRE/MCGLASHAN Resolution No. 2009-093 approves the changes to the Table of Organization within the Administration and Development Division, effective January 1, 2010, as follows:
	a.	Eliminate the position of Business Systems Implementation Manager in the Planning Department, at a salary range of $95,763.00 to $115,710.00, plus fringe benefits;
	b.	Add the position of Software Engineer in the Information Systems Department, at a salary range of $83,179.00 to $100,568.00, plus fringe benefits; and,
	c.	Amend the Table of Organization accordingly. Adopted

	AYES (15): Directors Brown, Chu, Cochran, Elsbernd, Grosboll, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (4): Directors Campos, Dufty, Kerns and Snyder

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

13.	Approve Actions Relative to Execution of a Services Agreement with Coast Marine & Industrial Supply, Inc., Regarding Request for Proposals No. 2010-FT-8, Inspection and Service of the Inflatable Buoyancy Apparatus and Marine Evacuation System Directors EDDIE/COCHRAN Resolution No. 2009-094 approves actions relative to Request for Proposals No. 2010-FT-8, Inspection and Service of the Inflatable Buoyancy Apparatus and Marine Evacuation System, as follows:
	a.	Authorize execution of a Services Agreement with Coast Marine & Industrial Supply, San Francisco, CA, in the amount of $226,025.00, for a three-year term, plus two additional one-year options; and,
	b.	Establish a contingency fund in the amount of $22,000.00;
	with the understanding that requisite funds are available in the FY 09/10 Ferry Transit Division Operating Budget, and with the further understanding that funds will be budgeted in subsequent years accordingly. Adopted AYES (15): Directors Brown, Chu, Cochran, Elsbernd, Grosboll, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (4): Directors Campos, Dufty, Kerns and Snyder

REPORTS OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE

14.	Receive the Independent Auditors’ Reports for the Year Ending June 30, 2009, as Submitted by Vavrinek, Trine, Day & Co., LLP Directors STROEH/ELSBERND Resolution No. 2009-095 receives the Independent Auditors’ Reports for the year ending June 30, 2009, as submitted by Vavrinek, Trine, Day & Co., LLP, for the following:
	a.	The Comprehensive Annual Financial Report, including the Single Audit Report;
	b.	The Financial Statements of the Supplemental Retirement Plan and Trust;
	c.	The Compliance Report for agreed-upon procedures pertaining to the proceeds of the public transportation, modernization, improvement and service enhancement account grant; and,
	d.	The Independent Auditors’ Communication Letter regarding matters related to the audit. Adopted

	AYES (15): Directors Brown, Chu, Cochran, Elsbernd, Grosboll, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (4): Directors Campos, Dufty, Kerns and Snyder

REPORTS OF THE GOVERNMENTAL AFFAIRS AND PUBLIC INFORMATION COMMITTEE/COMMITTEE OF THE WHOLE

15.	Authorize Execution of a Services Agreement with Clear Wireless, LLC, Relative to Request for Proposals No. 2010-BT-5, Wireless Internet Services Onboard Golden Gate Transit Buses Directors REILLY/MCGLASHAN Resolution No. 2009-096 authorizes execution of a Professional Services Agreement with Clear Wireless, LLC, (“Clearwire”) relative to Request for Proposals (RFP) No. 2010-BT-5, Wireless Internet Services Onboard Golden Gate Transit Buses, for a five-year contract term, with two additional one-year option years, at the District’s sole discretion, at no cost to the District. Adopted AYES (15): Directors Brown, Chu, Cochran, Elsbernd, Grosboll, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (4): Directors Campos, Dufty, Kerns and Snyder

16.	Authorize Execution of an Amendment to the Professional Services Agreement with Clear Channel Outdoor, Inc., Relative to Request for Proposals No. 2007-D-3, Exterior Bus Advertising Services, to Modify Terms and Conditions of the Agreement Directors REILLY/EDDIE Resolution No. 2009-097 authorizes execution of the First Amendment to the Professional Services Agreement with Clear Channel Outdoor, Inc., relative to Request for Proposals No. 2007-D-3, Exterior Bus Advertising Services, to include the following: 1) modify the minimum annual guarantee for the remaining two years of the Agreement; 2) provide an in-kind trade credit as supplemental financial compensation; 3) increase the previously-approved Revenue-Sharing Agreement; and, 4) add a one-year option term to the Agreement, exercisable at the District’s sole discretion. Adopted AYES (15): Directors Brown, Chu, Cochran, Elsbernd, Grosboll, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (4): Directors Campos, Dufty, Kerns and Snyder

SPECIAL ORDER OF BUSINESS

17.	Approve the Board of Directors Meetings for the Months of August, November and December 2010 Directors BROWN/REILLY Resolution No. 2009-098 approves the Board of Directors meetings for the months of August, November and December 2010, by holding one meeting in the month of August on Friday, August 13, 2010, one meeting in the month of November on Friday, November 19, 2010, and one meeting in the month of December on Friday, December 17, 2010, eliminating the second Board of Directors meeting held during each of those months; and, suspends Rule II, Sub-section A., Meetings, of the Rules of the Board accordingly, as attached. Adopted AYES (15): Directors Brown, Chu, Cochran, Elsbernd, Grosboll, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (4): Directors Campos, Dufty, Kerns and Snyder

ADJOURNMENT

18.	All business having been concluded, the meeting was adjourned at 11:00 a.m., in the memory of Joseph T. Elsbernd, Michael O’Donnell, Angelo L. Leone, Mary Doyle, Helen Kathleen McGee and Ignatius Passantino.

Respectfully submitted,

/s/ Janet S. Tarantino
Secretary of the District