November 13, 2009
REPORT OF THE RULES, POLICY AND INDUSTRIAL
RELATIONS COMMITTEE/COMMITTEE OF THE WHOLE
Honorable Board of Directors
Golden Gate Bridge, Highway
and Transportation District
Honorable Members:
A meeting of the Rules, Policy and Industrial Relations Committee/Committee of the Whole was held in the Board Room, Administration Building, Toll Plaza, San Francisco, California, on Friday, November 13, 2009, 2009, at 10:15 a.m., Chair Pahre presiding.
Committee Members Present (10): Chair Pahre; Vice Chair McGlashan; Directors Campos, Cochran, Eddie, Moylan, Newhouse Segal, Sanders and Stroeh; President Boro (Ex Officio) Chair Pahre appointed Directors Campos, Cochran, Eddie, Moylan and Stroeh Committee Members Pro Tem for this meeting only.
Committee Members Absent (2): Directors Elsbernd and Snyder
Other Directors Present (0): None
Committee of the Whole Members Present (10): Directors Campos, Cochran, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders and Stroeh; Second Vice President Eddie; President Boro
Committee of the Whole Members Absent (9): Directors Brown, Chu, Dufty, Elsbernd, Grosboll, Kerns, Snyder and Sobel; First Vice President Reilly
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 and Madeline Chun; Deputy General Manager/Ferry Division James P. Swindler; Deputy General Manager/Administration and Development ZW Johnson; Director of Procurement and Retail Operations Lori Murray; Marketing and Communications Director Kellee Hopper; Property Development and Management Specialist Norma Jellison; Acting Executive Assistant to the General Manager Sonia Pedlar; Assistant Clerk of the Board Patsy Whala
Visitors Present: Jerry Grace, San Lorenzo resident
| 1. | Approve Revisions to Master Ordinance 2009 Relative to the Changes in the Fare Collection Policy In a memorandum to Committee, Director of Planning Alan Zahradnik, Deputy General Manager/Administration and Development ZW Johnson and General Manager Celia Kupersmith reported on staff’s recommendation to approve revisions to Master Ordinance 2009 relative to changes in the Fare Collection Policy resulting from implementation of new fareboxes and TransLink® on Golden Gate Transit buses. The report stated that, as of July 1, 2009, with the completion of the changeover from paper tickets to TransLink® cards and magnetic stripe cards, it is necessary to update Master Ordinance 2009 to reflect these changes, which changes are reflected in Section I., General Provisions, under subsections A through D, and that Section is attached hereto as Attachment No. B. A copy of the staff report, as well as Attachment No. B, is available in the Office of the District Secretary and on the District’s web site. Staff recommended, and the Committee concurred by motion made and seconded by Directors MOYLAN/MCGLASHAN, to forward the following recommendation to the Board of Directors for its consideration: RECOMMENDATION The Rules, Policy and Industrial Relations Committee recommends that the Board of Directors approve 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, as outlined in Section I and attached hereto. Action by the Board at its meeting of November 20, 2009 – Ordinance AYES (9): Chair Pahre; Vice Chair McGlashan; Directors Campos, Cochran, Eddie, Moylan, Newhouse Segal, Sanders and Stroeh |
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| 2. | Approve Actions Relative to the Adoption of a Procurement Policy and the Implementation of AB 116 Regarding Procurement Activities In a memorandum to Committee, Auditor-Controller Joseph Wire, Attorney David Miller and General Manager Celia Kupersmith reported on staff’s recommendation to adopt a restated Procurement Policy that incorporates recent changes to California State Law, as outlined in Assembly Bill 116 (AB 116), regarding the procurement of equipment, supplies or materials, and that confirms current procurement policies, effective January 1, 2010; and, to authorize the General Manager to take further actions as may be necessary to give effect to the restated Procurement Policy, as outlined in the staff report. The report provided the background of AB 116 and stated that in February 2008, the Board of Directors (Board) took a position of support for the procurement reforms, which grant greater discretion and flexibility to use the method of procurement that is most appropriate for the District’s needs in the area of purchasing of equipment, supplies and materials. The report stated that the AB 116 legislation impacts the District’s procurement rules in four ways: |
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| a) | The threshold for using formal competitive bidding and a lowest responsible bidder basis of award has been raised from contracts exceeding $20,000.00 to those exceeding $100,000.00 for procurements of equipment, supplies and materials; | ||
| b) | It grants the discretion to award contracts for equipment, supplies for materials over $100,000.00 either on a lowest responsible bidder standard, or to the bidder who submits the proposal that provides the “best value” to the District; | ||
| c) | The notice of the request for bids may now be satisfied by posting the Notice on the District’s web site, coupled with one publication in a newspaper of general circulation at least 10 days before the deadline for bids, rather than publication for two successive weeks in a newspaper of general circulation; and, | ||
| d) | Requires that the District obtain, when practical, a minimum of three quotations, either written or oral, that permit comparison on the basis of prices and other terms, when the estimated expenditure for equipment, supplies or materials is between $2,500.00 and $100,000.00. | ||
The report noted that AB 116 neither alters the rules for awarding public works/construction contracts, nor contracts for alteration, repair or maintenance of ferries. Staff rewrote the Procurement Policy to reflect the changes stated above as a result of the implementation of AB 116. In addition, consistent with the policies behind AB 116, staff recommended that service contracts in the $25,000.00 to $100,000.00 range be awarded using informal solicitation, rather than a formal competitive negotiations process. With informal solicitation, the report stated that staff would follow strict guidelines, including: 1) adhering to Procurement Manual and checklists; 2) documenting the selection criteria; 3) completing proposers’ rating sheets; and, 4) obtaining the necessary approvals to ensure open and fair competition, proper communications and checks and balances for every contract. Federal best procurement practices sets $100,000 as an appropriate threshold for requiring a formal competitive negotiation process. Currently, the District processes call for service contracts over $25,000.00 to be awarded using a formal competitive negotiations process. Finally, the report further recommended that, upon approval of the restatement of the Procurement Policy, the General Manager be authorized to take future actions as may be necessary to give effect to the restated Procurement Policy, including the issuance of subsequent revisions to the Procurement Manual if necessary to implement changes in applicable laws and regulations and best procurement practices, with the understanding that changes in the Procurement Policy, in contrast, would continue to require Board authorization and approval. A copy of the staff report, as well as Attachment “A” is available in the Office of the District Secretary and on the District’s web site. [With the arrival of President Boro, the Committee became a Committee of the Whole.] At the meeting, Ms. Murray summarized the staff report, stating that the proposed changes included in AB 116 were initiated by the Santa Clara Valley Transit Authority and endorsed by the San Mateo County Transit District and the Alameda/Contra Costa Transit District. Ms. Kupersmith added that the District’s Board approved a resolution in support of AB 116, approximately two years ago. In addition, Mr. Miller stated that AB 116 is legislation that is not unique to the District, but rather represents a collaborative arrangement with other transit agencies. He stated the legislation will benefit the entire region from the standpoint of consistency in that the procurement process. Discussion ensued, including the following comments and inquiries:
In conclusion, Ms. Kupersmith recommended that the reference to services contracts be deleted at this time until staff can have the opportunity to provide a more comprehensive report, including examples of how other public agencies are handling this matter. She proposed that the Committee take action on the changes to the District’s Procurement Policy as relates to the implementation of AB 116 on the procurement of equipment, supplies or materials. Director McGlashan requested staff to provide the Committee with a detailed description of the District’s formal and informal procurement process. The Committee concurred by motion made and seconded by Directors SANDERS/NEWHOUSE SEGAL to forward the following recommendation to the Board of Directors for its consideration: RECOMMENDATION The Rules, Policy and Industrial Relations Committee recommends that the Board of Directors approve actions relative to procurement activities, as follows: |
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| a. | Adopt a restated Procurement Policy that incorporates recent changes to California State Law, as outlined in Assembly Bill 116, regarding the procurement of equipment, supplies or materials, and that confirms current procurement policies; and, |
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| b. | Authorize the General Manager to take further actions as may be necessary to give effect to the restated Procurement Policy, including updating the Procurement Manual and making subsequent revisions to the Procurement Manual, 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.” Action by the Board at its meeting of November 20, 2009 – Resolution |
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| AYES (10): Directors Campos, Cochran, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders and Stroeh; Second Vice President Eddie; President Boro NOES (0): None |
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| 3. | Approve an Amendment to Section III.A. of Master Ordinance 2009 Relative to the Establishment and Enforcement of a Passenger Code of Conduct In a memorandum to Committee, Marketing and Communications Director Kellee Hopper, Deputy General Manager/Administration and Development ZW Johnson, Deputy General Manager/Ferry Division James Swindler, Deputy General Manager/Bus Division Teri Mantony and General Manager Celia Kupersmith reported on staff’s recommendation to approve an amendment to Master Ordinance 2009 relative to the establishment and enforcement of a Passenger Code of Conduct. The report stated that proper passenger behavior on Golden Gate Transit and Golden Gate Ferry is essential for providing quality service and ensuring safety for all customers. In coordination with input from staff, the District’s three Passenger Advisory Committees, community stakeholders and a review of Code of Conduct samples from other transit agencies, staff developed a Passenger Code of Conduct to: 1) address proper use of the transit system, interference with safe operation of equipment, smoking, weapons and vandalism; and, 2) outline enforcement measures for noncompliance and the District’s Title VI commitment to non-discrimination. A copy of the staff report, including the proposed Section III.A. of the Ordinance (Attachment C), is available in the Office of the District Secretary and on the District’s web site. [With the departure of Director Campos, the Committee of the Whole became a Committee, with a quorum present.] At the meeting, Ms. Hopper summarized the staff report describing the four components of the Passenger Code of Conduct program: 1) the Amendment to the Ordinance; 2) “No Assault” signage; 3) “How to Comment;” and, 4) a “We’re In This Together” courtesy campaign. Ms. Hopper described the outreach staff performed to get feedback and tips for developing the Passenger Code of Conduct program, including Marin Transit. Ms. Hopper noted that staff will be developing an outreach component for high school and middle school students, encouraging them to have better interpersonal skills while riding District buses. She presented the wildlife posters, included in the program, stating that she believed these depictions will inspire people to read the accompanying message and hopefully follow the good rules of riding. Public Comment Jerry Grace, San Lorenzo resident expressed his support for the posters and the “No Assault” signage to be placed on the buses and at the transit hubs. Discussion ensued, including the following comments and inquiries:
Staff recommended, and the Committee concurred by motion made and seconded by Directors SANDERS/MCGLASHAN, to forward the following recommendation to the Board of Directors for its consideration: RECOMMENDATION The Rules, Policy and Industrial Relations Committee recommends that the Board of Directors approve 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. Action by the Board at its meeting of November 20, 2009 – Ordinance AYES (9): Chair Pahre; Vice Chair McGlashan; Directors Cochran, Eddie, Moylan, Newhouse Segal, Sanders and Stroeh; President Boro |
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| 4. | Approve an Amendment to Section I.G. of Master Ordinance 2009 Relative to Distribution of Written Materials Through Newsracks In a memorandum to Committee, Property Development and Management Specialist Norma Jellison, Deputy General Manager, Administration ZW Johnson and General Manager Celia Kupersmith reported on staff’s recommendation to approve an amendment to Master Ordinance 2009, to incorporate a new Section I.G. that will require 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 modular newsrack units at the Larkspur Ferry Terminal (LFT), the San Rafael Transit Center (SRTC) and the Santa Rosa Bus Facility. The report stated that on August 27, 2008, the San Francisco Bay Conservation and Development Commission (BCDC) issued a Stipulated Cease and Desist Order and Civil Penalty Order No. CCD 1-08 (BCDC Order) to the District that, among other things, required the District to remove all free-standing newsracks and install modular newsracks. The BCDC Order also required the District to enact an ordinance by January 1, 2010, that prohibits the placement of individual free-standing newsracks and that implements a program to remove free-standing newsracks placed in the public access areas of the Larkspur Ferry Terminal. The proposed Newsrack Ordinance: 1) ensures that newsracks will not obstruct the free flow of pedestrian traffic at the District’s transit facilities; 2) reduces the health and public safety issues raised by the presence of unregulated and poorly maintained free-standing newsracks; 3) permits the distribution of written materials through newsracks at the District’s transit properties to the extent it is constitutionally protected; and, 4) complies with the requirements of the BCDC Order. The report included a summary of the proposed Newsrack Ordinance which is attached hereto as Attachment D. A copy of the staff report, including the proposed Newsrack Ordinance (Attachment , is available in the Office of the District Secretary and on the District’s web site. At the meeting, Ms. Jellison summarized the staff report, stating that, in accordance with the BCDC Order, the District has already removed the free-standing newsracks that were blocking public access at the LFT. Ms. Jellison also stated that staff recommends that the District set policy for managing the remaining free-standing newsracks on the District’s other transit properties. Discussion ensued, including the following:
Following discussion by the Committee members present, the Committee concurred by motion made and seconded by Directors NEWHOUSE SEGAL/COCHRAN to forward the following recommendation, including the added language to Section 4.d. as suggested by Chair Pahre, to the Board of Directors for its consideration: RECOMMENDATION The Rules, Policy and Industrial Relations Committee recommends that the Board of Directors approve an amendment to Section I.G. of Master Ordinance 2009, to incorporate a new Section I.G., entitled REGULATIONS PERTAINING TO USE OF TRANSIT PROPERTIES FOR DISTRIBUTION OF WRITTEN MATERIALS THROUGH NEWSRACKS, which new section will require 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, as outlined in the proposed Ordinance attached hereto. Action by the Board at its meeting of November 20, 2009 – Ordinance AYES (9): Chair Pahre; Vice Chair McGlashan; Directors Cochran, Eddie, Moylan, Newhouse Segal, Sanders and Stroeh; President Boro |
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| 5. | Approve Changes to the Table of Organization Within the Administration and Development Division In a memorandum to Committee, Deputy General Manager/Administration and Development ZW Johnson and General Manager Celia Kupersmith reported on staff’s recommendation to approve changes to the Table of Organization within the Administration and Development Division, by eliminating the position of Business Systems Implementation Manager in the Planning Department and adding the position of Software Engineer in the Information Systems (IS) Department, effective January 1, 2010. A full description of these changes in outlined in the staff report. The report also stated that it is anticipated that much of the additional costs for the position will be covered through further IS efficiencies, to be identified in the upcoming budget. These actions comply with the objectives of the Strategic Financial Plan involving improved efficiency for support of IS operations. A copy of the staff report is available in the Office of the District Secretary and on the District’s web site. At the meeting, Mr. Johnson summarized the staff report stated that due to the upcoming changes in the Information Systems department projects, together with staffing needs within the Administration & Development Division, have prompted staff to propose position changes to better align with future business needs and resources.
Staff recommended, and the Committee concurred by motion made and seconded by Directors MCGLASHAN/COCHRAN, to forward the following recommendation to the Board of Directors for its consideration: RECOMMENDATION The Rules, Policy and Industrial Relations Committee recommends that the Board of Directors approve the changes to the Table of Organization within the Administration and Development Division, effective January 1, 2010, as follows: |
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| 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. Action by the Board at its meeting of November 20, 2009 – Resolution |
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| AYES (9): Chair Pahre; Vice Chair McGlashan; Directors Cochran, Eddie, Moylan, Newhouse Segal, Sanders and Stroeh; President Boro NOES (0): None ABSENT (3): Director Campos, Elsbernd and Snyder |
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| 6. | Annual Progress/Status Report and Update on Disadvantaged Business Enterprise Program In a memorandum to Committee, Disadvantaged Business Enterprise (DBE) Program Administrator Gail Jackson, Deputy General Manager/Administration and Development ZW Johnson and General Manager Celia Kupersmith provided a report summarizing the participation of the Disadvantaged Business Enterprises (DBEs) in District contracts and procurements during the recently completed FY 08/09. The District tracks DBE participation in District purchasing and contracting in three different categories depending on funding source [District funded, Federal Transit Administration (FTA) funded, or Federal Highway Administration (FHWA) funded]. This is described in the District’s Diversity Program for Contracts, a program that complies with federal regulations and was formally adopted by the Board in October 2004. Annual Progress Report on FY 08/09 Diversity Program for Contracts This section of the report outlined total disbursements for District-wide contracts and procurements, as well as Federal Transit Administration (FTA)-assisted contracts and Federal Highway Administration (FHWA)-assisted contracts. The report provided a table showing the breakdown of the amounts paid to various categories of DBEs. The report stated that, although no Annual Overall DBE Goal was established for District-wide contracts and procurements, the District achieved an overall 4.3 percent DBE participation during FY 08/09. Based on awards and commitments, DBE participation achieved 1.4 percent of the established 4.5 percent annual FY 08/09 DBE goal for FTA-assisted contracts due primarily to contracts involving highly specialized services. In accordance with directives from the California State Department of Transportation, the District no longer adopts annual overall goals for FHWA-assisted contracts, although the DBE office tracks participation. Based on awards/commitments, the DBE participation achieved for FHWA-assisted contracts was 30 percent. Status Report on FY 08/09 Annual Overall DBE Goal This section of the report stated that the Board of Directors, by Resolution No. 2009-055, at its meeting of June 12, 2009, approved for publication the proposed FY 09/10 Annual Overall DBE Goal for FTA-assisted contracts. The Board authorized the General Manager to formally adopt the goal if no comments were received that required further consideration or modifications to the proposed goal. No comments were received by the deadline date of July 29, 2009; therefore, the District has adopted a 3.4 percent FY 09/10 Annual Overall DBE Goal applicable to $14,237,098.00 in FTA-assisted contracts. Status Report of Project Goals set in Previous Years This section of thee report stated that in FY 03/04 the District began establishing project goals separate from the Annual Overall DBE Goal for multi-year FTA-assisted contracts, including those that may include multiple contracts within a large project. The purpose of separating out multi-year projects from those completed in one year is to avoid reporting and attainment discrepancies. The report provided a table that summarized two of the project goals that were assigned in FY 03/04. Expanded Outreach This section of the report stated that the District is a member of the Business Outreach Committee (BOC), which is a consortium of twelve transit agencies in the San Francisco Bay Area. The BOC explores race-neutral outreach practices in an effort to maximize opportunities for DBEs and small businesses, increase visibility of the DBE program and encourage minority and women-owned businesses to become DBE certified. The report noted that recent outreach events include two DBE certification workshops, architecture and engineering networking event, a public works/contractor/subcontractor networking event, a meet-the-agency-buyers opportunity and the annual goal-setting event. The BOC has also established an annual calendar of quarterly newsletters. A copy of the report is available in the Office of the District Secretary and on the District’s web site. At the meeting, Mr. Johnson stated that the District is “on track” with achieving the goals approved by the Board, which is based upon the actual contracts as opposed to the anticipated contracts. Mr. Johnson described the outreach that has been performed for DBE’s, both women and minorities, including partnering on outreach events and sending out a specialized newsletter to DBE’s that are on the California State Certified DBE list. He reported that the District will host its own outreach event sometime in 2010. Action by the Board – None Required |
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| 7. | Public Comment Jerry Grace, San Lorenzo resident inquired as to amount of new passengers due to the Bay Bridge closure. |
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| 8. | Adjournment All business having been concluded, the meeting was declared adjourned at 11:12 a.m. |
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Respectfully submitted,
/s/ Barbara L. Pahre, Chair
Rules, Policy and Industrial Relations Committee
Attachment A – Proposed Restated Procurement Policy;
Attachment B – Proposed Revisions to Section I.A-C of Master Ordinance 2009;
Attachment C – Proposed Section III.A. of Master Ordinance 2009; and,
Attachment D – Proposed Section I.G. of Master Ordinance 2009.


