20-2009

GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

MEMORANDUM OF MINUTES

BOARD OF DIRECTORS MEETING

DECEMBER 18, 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, Golden Gate Bridge Toll Plaza, San Francisco, CA, on Friday, December 18, 2009, at 10:00 a.m., President Boro presiding.

ROLL CALL

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

Directors Absent (4): Directors Campos, Elsbernd, Grosboll and Kerns

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; Attorney Madeline Chun; 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 Lona Franklin

Visitors Present: Kim Waldron, Local 21, International Federation of Professional and Technical Engineers (IFPTE)

PLEDGE OF ALLEGIANCE

Director John Moylan led the Board of Directors in the Pledge of Allegiance to the Flag.

PUBLIC COMMENT

Kim Waldron, Local 21, Labor Representative, International Federation of Professional and Technical Engineers, stated that mediation is taking place due to the District’s wages for engineers being behind market averages. She stated that in October 2009, IFPTE proposed that the District provide equity adjustments and a reclassification procedure for engineers. She stated that IFPTE maintains its position in this regard. She stated that, following recent negotiations, some Union members held the opinion that the Board of Directors desired to preserve funds to provide salary increases to District Officers after January 2011. She stated these opinions were based upon Board resolutions and information from District representatives. She concluded by stating that all employees should be treated equally and that immediate attention to this problem was requested.

President Boro made the following response to the public comment:

He stated that discussion of non-agendized matters is not allowed. He clarified, however, that Officers of the District have not received any additional compensation during the past year, and that they work under a salary freeze, as do other employees.

CONSENT CALENDAR

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

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

NOES (0): None

ABSENT (4): Directors Campos, Elsbernd, Grosboll and Kerns


1.	Approve the Minutes of the Following Meetings:

	a.	Rules, Policy and Industrial Relations Committee/Committee of the Whole of November 13, 2009;
	b.	Building and Operating Committee/Committee of the Whole of November 19, 2009;
	c.	Finance-Auditing Committee/Committee of the Whole of November 19, 2009;
	d.	Governmental Affairs and Public Information/Committee of the Whole of November 20, 2009; and,
	e.	Special Meeting of the Board of Directors of October 30, 2009, and Regular Meeting of the Board of Directors of November 20, 2009. Carried

2.	Denial of Claims

	a.	Amended Subrogation Claim of The Hartford (Insured: Benjamin Kembel) Carried
	b.	Claim of Barbara I. Granville Carried
	c.	Subrogation Claim of Allstate Insurance Company (Insured: Robert Vorhis) Carried
	d.	Subrogation Claim of California State Automobile Association (Insured: Katherine Broussard) Carried
	e.	Claim of Natasha Roccaforte Carried
	f.	Claim of Troy McCabe Carried
	g.	Amended Subrogation Claim of California State Automobile Association (Insured: Thomas Zimmer) Carried
	h.	Claim of Yvonne Coleman Carried

3.	Ratify Actions by the Auditor-Controller Resolution No. 2009-099 (Finance-Auditing Committee, November 19, 2009) ratifies actions taken by the Auditor-Controller, as follows:

	a.	Ratify commitments and/or expenditures for the period October 1, 2009, through October 31, 2009, totaling $15,000.00;

	b.	Ratify investments made by the Auditor-Controller during the period October 13, 2009, through November 10, 2009, as follows;

Security	Purchase Date	Maturity Date	Original Cost	Percent Yield
FHLB Notes (Callable)	10/30/09	10/28/11	5,000,000.00	1.50


	c.	Authorize the Auditor-Controller to re-invest, within the established policy of the Board, investments maturing between November 11, 2009, and December 8, 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 October 2009 prepared by PFM. Adopted

GENERAL MANAGER’S REPORT General Manager Celia Kupersmith announced that several retirements, service awards and employee of the month awards would be presented at this meeting.

4.	Presentation of Retirement Gift to Alan R. Zahradnik, Director of Planning, District Division President Boro presented a retirement gift to Alan R. Zahradnik, Planning Director, District Division, for thirty-one years and nine months of dedicated service, and expressed his best wishes for a long and happy retirement on behalf of the Board of Directors.

5.	Presentation of Retirement Gift to Guy “Gene” Walker, Director of Maintenance, Bus Division President Boro presented a retirement gift to Guy “Gene” Walker, Director of Maintenance, Bus Division, for twenty-eight years and eight months of dedicated service, and expressed his best wishes for a long and happy retirement on behalf of the Board of Directors.

6.	Presentation of Twenty-Five Year Service Award to Joyce E. Manning, Bus Operator, Bus Division President Boro presented a twenty-five year service award to Joyce E. Manning, Bus Operator, of the Bus Division, and expressed his congratulations on behalf of the Board of Directors.

7.	Presentation of Twenty Year Service Award to Robert L. Dorsey, Jr., Bus Operator, Bus Division President Boro presented a twenty-year service award to Robert L. Dorsey, Jr., Bus Operator, of the Bus Division, and expressed his congratulations on behalf of the Board of Directors.

8.	Presentation of Twenty Year Service Award to Derrick L. Hunt, Bus Operator Bus Division President Boro presented a twenty year service award to Derrick L. Hunt, Bus Operator, of the Bus Division, and expressed his congratulations on behalf of the Board of Directors.

9.	Presentation of Twenty Year Service Award to Michael R. Lowery, Bus Operator, Bus Division President Boro presented a twenty year service award to Michael R. Lowery, Bus Operator, of the Bus Division, and expressed his congratulations on behalf of the Board of Directors.

10.	Presentation of Twenty Year Service Award to Toni D. McNatt, Bus Operator, Bus Division President Boro presented a twenty year service award to Toni D. McNatt, Bus Operator, of the Bus Division, and expressed his congratulations on behalf of the Board of Directors.

11.	Presentation of Twenty Year Service Award to James P. Opocensky, Bus Operator, Bus Division President Boro presented a twenty year service award to James P. Opocensky, Bus Operator, of the Bus Division, and expressed his congratulations on behalf of the Board of Directors.

12.	Presentation of Employee of the Month Award for November 2009 to Kristy DeCoursey, Chief Storekeeper Mechanic, Bus Division President Boro presented the Employee of the Month Award for November 2009 to Kristy DeCoursey, Chief Storekeeper Mechanic for the Bus Division, and expressed his congratulations on behalf of the Board of Directors.

13.	Presentation of Employee of the Month Award to for December 2009 to Rick Smith, Associate Steel Inspector for Bridge Division President Boro presented the Employee of the Month Award for December 2009 to Rick Smith, Associate Steel Inspector for Bridge Division and expressed his congratulations on behalf of the Board of Directors.

ATTORNEY’S REPORT

14.	Attorney David J. Miller reported that all items contained in the Attorney’s Report were informational. Mr. Miller also reported that a closed session would be held prior to the conclusion of the meeting to discuss the following matter, listed on the Board Agenda as Item 6.B.: “Conference with Real Property Negotiators pursuant to Government Code Section 54956.8, Agency Negotiators: Denis Mulligan and Norma Jellison; Lease Negotiations (Price and Terms of Payment) with the California Department of Transportation regarding Property Bounded by Third, Fourth, Perry and Stillman Streets, San Francisco, CA.”

ENGINEER’S REPORT

15.	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 OF DECEMBER 17, 2009

16.	Authorize Execution of a Services Agreement with Universal Building Services and Supply Company Relative to Request for Proposals No. 2010-MD-4, Janitorial Services for District Facilities Directors EDDIE/COCHRAN Resolution No. 2009-100 authorizes execution of a Services Agreement with Universal Building Services and Supply Company, Richmond, CA, relative to Request for Proposals No. 2010-MD-4, Janitorial Services for District Facilities, in the amount of $378,396.00, for a three-year term, commencing January 1, 2010, with two successive one-year option terms, exercisable at the District’s sole discretion, to provide janitorial services at the Golden Gate Bridge Toll Plaza, Larkspur Ferry Terminal, San Rafael facilities, Novato facility, San Francisco Bus Lot and Santa Rosa facilities; with the understanding that requisite funds are available in the FY 09/10 Bus, Ferry and Bridge Divisions’ Operating Budgets and that funds will be included in the subsequent fiscal years accordingly. Adopted AYES (15): Directors Brown, Chu, Cochran, Dufty, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (4): Directors Campos, Elsbernd, Grosboll and Kerns

17.	*Approve Actions Relative to the Award of Contract No. 2010-FT-5, Larkspur Ferry Terminal Accessible Restrooms and Ramps, to River View Construction, Inc.* Directors EDDIE/COCHRAN Resolution No. 2009-101 approves actions relative to Contract No. 2010-FT-5, Larkspur Ferry Terminal Accessible Restrooms and Ramps, as follows:
	a.	Rejects the low bid of CF Contracting, Fairfax, CA, as non-responsive;
	b.	Authorizes award of Contract No. 2010-FT-5 to River View Construction, Inc., Sacramento, CA, in the amount of $397,000.00;
	c.	Authorizes a contingency fund in the amount of $39,700.00, equal to 10% of the contract award;
	d.	Establishes a project budget of $680,000.00; and,
	e.	Authorizes a budget increase in the FY 09/10 Ferry Transit Division Capital Budget in the amount of $200,000.00, to be funded with State I-Bond funds, as concurred with by the Finance-Auditing Committee at its meeting of December 17, 2009. Adopted

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

18.	Authorize Execution of a Services Agreement with S&P Concessions Relative to Request for Proposals No. 2010-FT-7, Concession Services Onboard District Ferries Directors EDDIE/STROEH Resolution No. 2009-102 authorizes execution of a Services Agreement with S & P Concessions, San Francisco, CA, relative to Request for Proposals No. 2010-FT-7, Concession Services Onboard District Ferries, in the amount of $10,000.00 per month, for a three-year term, with two successive one-year option terms, exercisable at the District’s sole discretion, commencing on January 1, 2010. Adopted AYES (15): Directors Brown, Chu, Cochran, Dufty, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (4): Directors Campos, Elsbernd, Grosboll and Kerns

19.	*Authorize Execution of Sole Source Contract No. 2010-FT-14, Parts and Services for Overhaul of the Main Propulsion Equipment for Spaulding Ferries, to Valley Power Systems, Inc.* Directors EDDIE/STROEH Resolution No. 2009-103 authorizes execution of Sole Source Contract No. 2010-FT-14, Parts and Services for the Overhaul of Main Propulsion Equipment for Spaulding Ferries, to Valley Power Systems, Inc., Hayward, CA, in the amount of $517,169.29, subject to receipt from the Federal Transit Administration of a waiver from the Buy America Regulation; with the understanding that requisite funds are available in the FT 09/10 Ferry Transit Division Capital Budget. Adopted AYES (15): Directors Brown, Chu, Cochran, Dufty, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (4): Directors Campos, Elsbernd, Grosboll and Kerns

20.	Authorize Execution of First Amendment to the Professional Services Agreement with Marine Systems Corporation Relative to Request for Proposals No. 2009-FT-10, Engineering and Detailed Design Services for Refurbishment of the M.V. Snohomish (Napa) and M.V. Chinook Ferries Directors EDDIE/COCHRAN Resolution No. 2009-104 authorizes execution of the First Amendment to the Professional Services Agreement with Marine Systems Corporation, relative to Request for Proposals No. 2009-FT-10, Engineering and Detailed Design Services for Refurbishment of the M.V. Snohomish (Napa) and the M.V. Chinook, in the amount of $87,120.00, to perform additional work; and, approves an increase in the contingency fund in the amount of $35,000.00, for a total project budget in the amount of $635,000.00; with the understanding that requisite funds are available in the FY 09/10 Ferry Transit Division Capital Budget. Adopted AYES (15): Directors Brown, Chu, Cochran, Dufty, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (4): Directors Campos, Elsbernd, Grosboll and Kerns

SPECIAL ORDER OF BUSINESS

21.	Approve Selection of Officers of the Board of Directors for 2010 Directors STROEH/DUFTY Resolution No. 2009-105 approves the selection of Officers of the Board of Directors for the Year 2010, as follows: Albert J. Boro, President; Janet Reilly, First Vice President; and, James C. Eddie, Second Vice President. Adopted AYES (15): Directors Brown, Chu, Cochran, Dufty, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (4): Directors Campos, Elsbernd, Grosboll and Kerns

22.	Ratify Board Member Appointments by the Board President to Represent the Golden Gate Bridge, Highway and Transportation District on Other Boards Directors STROEH/DUFTY Resolution No. 2009-106 ratifies Board member appointments by the Board President to represent the Golden Gate Bridge, Highway and Transportation District on other boards, effective, March 1, 2010, with the understanding that these appointments are subject to review by the Board of Directors no later than March 1, 2012, in accordance with the Rules of the Board, as follows:
	a.	Golden Gate Transit Amalgamated Retirement Board, 3 seats:
		1.	Albert J. Boro
		2.	John J. Moylan
		3.	Brian M. Sobel
	b.	Sonoma-Marin Area Rail Transit District, 2 seats:
		1.	James C. Eddie
		2.	Barbara L. Pahre
	c.	Other Post-Employment Benefits Retirement Investment Trust Board:
		1.	Gerald D. Cochran
		2.	James C. Eddie
		3.	Sean R. Elsbernd
		4.	Dick Grosboll
		5.	John J. Moylan
		6.	Brian M. Sobel
		7.	Albert J. Boro
		8.	J. Dietrich Stroeh, Chair
		9.	Barbara L. Pahre, Vice Chair
		10.	Auditor-Controller Joseph M. Wire (Ex Officio) Adopted

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

23.	Authorize Resolutions of Appreciation to California Highway Patrol Captain Bob Morehen and to California Highway Patrol Lieutenant Gene Choi in Recognition of their Dedicated Service to the California Highway Patrol and their Many Contributions to the Safety and Security of the Golden Gate Bridge Directors BROWN/STROEH Resolution No. 2009-107 authorizes Resolutions of Appreciation to California Highway Patrol Captain Robert J. Morehen and to California Highway Patrol Lieutenant Eugene C. Choi in recognition of their dedicated service to the California Highway Patrol and their many contributions to the safety and security of the Golden Gate Bridge, as they retire. Adopted AYES (15): Directors Brown, Chu, Cochran, Dufty, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (4): Directors Campos, Elsbernd, Grosboll and Kerns

CLOSED SESSION

24.	Attorney’s Report Attorney Miller, at the request of President Boro, stated that the Board of Directors would convene in closed session to discuss matters related to lease negotiations (price and terms of payment) with the California Department of Transportation regarding property bounded by Third, Fourth, Perry and Stillman Streets, San Francisco, CA, listed on the Agenda as Item No. 6.B. After closed session, President Boro 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, and conferred with real property negotiators pursuant to Government Code Section 54956.8, regarding the price and terms of payment of a lease with the California Department of Transportation for real property located between Third, Fourth, Perry and Stillman Streets in San Francisco, CA, for principal use by the District as a midday storage facility for Golden Gate Transit buses and associated uses. The following recommendation was offered, as relates to the subject lease: Directors BROWN/COCHRAN Resolution No. 2009-108 authorizes execution of an Agreement between the Golden Gate Bridge, Highway and Transportation District and the California Department of Transportation for a lease of real property located between Third, Fourth, Perry and Stillman Streets in San Francisco, CA, for principal use by the District as a midday storage facility for Golden Gate Transit buses and associated uses; with the understanding that the term of the lease will be for a period of 25 years, coupled with two 5-year renewal options, exercisable by the District. Adopted AYES (15): Directors Brown, Chu, Cochran, Dufty, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro NOES (0): None ABSENT (4): Directors Campos, Elsbernd, Grosboll and Kerns

ADJOURNMENT

25.	All business having been concluded, the meeting was adjourned at 10:55 a.m. in memory of Mary Aguirre, Judith O’Connell Allen, Robert Cameron, Kathleen Dunleavy, Paul John Domeniconi and Dorothy Stanley.

Respectfully submitted,

/s/ Janet S. Tarantino
Secretary of the District