1-2010

GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

MEMORANDUM OF MINUTES

BOARD OF DIRECTORS MEETING

JANUARY 8, 2010

 

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, California, on Friday, January 8, 2010, at 10:00 a.m., President Boro presiding.

ROLL CALL

Directors Present (18): Directors Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro

Directors Absent (1): Director Grosboll

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/Bus Transit Division Teri Mantony; Deputy General Manager/Ferry Transit Division James P. Swindler; Deputy General Manager/Administration and Development Z. Wayne Johnson; Assistant Clerk of the Board Lona Franklin

Visitors Present: John Diamante, Threshold Environmental Center; Marina V. Secchitano, Inlandboatmen’s Union of the Pacific

PLEDGE OF ALLEGIANCE

Director Brian Sobel led the Board of Directors in the Pledge of Allegiance to the Flag.

PUBLIC COMMENT

John Diamante expressed his concerns and opinions as to the lack of necessity for reconstructing Doyle Drive. He gave examples of several historical highway projects in the United States that were reconstructed despite being unnecessary. He expressed his opinion that not reconstructing Doyle Drive would preserve the area.

Marina V. Secchitano addressed the Board in regard to retired Facilities Maintenance Mechanic/Bus Transit Division Albert Momsen, who passed away recently. She stated that he was a “machine whisperer” who had worked in several capacities for the District.

CONSENT CALENDAR

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

AYES (18): Directors Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro

NOES (0): None

ABSENT (1): Director Grosboll

     
1. Approve the Minutes of the Following Meetings:
     
  a. Building and Operating Committee/Committee of the Whole of December 17, 2009;
  b. Finance-Auditing Committee/Committee of the Whole of December 17, 2009; and,
  c.

Regular Meeting of the Board of Directors of December 18, 2009.

Carried

     
2. Denial of Claims
     
  a.

Amended Claim of Nancy Chin

Carried

  b. Subrogation Claim of California State Automobile Association (Insured: Robert Engel)

Carried

  c. Claim of Jennifer Rosenberg

Carried

  d. Claim of Evan Adams

Carried

  e. Amended Claim of Maily de Cezar Dozzo

Carried

  f. Subrogation Claim of State Farm Mutual Automobile Insurance Company (Insured: Mark Kalatsky)

Carried

  g. Subrogation Claim of State Farm Mutual Automobile Insurance Company (Insured: Marc Weidenbaum)

Carried

     
3. Ratify Actions by the Auditor-Controller
Resolution No. 2010-001
(Finance-Auditing Committee, December 17, 2009) ratifies actions taken by the Auditor-Controller, as follows:
     
  a.
Ratify commitments and/or expenditures for the period November 1, 2009, through November 30, 2009, totaling $17,950.00;
   
  b.
Ratify investments made by the Auditor-Controller during the period November 11, 2009, through December 8, 2009, as follows;
     
Security

Purchase

Date

Maturity

Date

Original

Cost

Percent

Yield

Societe Generale Commercial Paper
12/07/09
02/11/10
4,548,331.67
0.20
Toyota Motor Credit Commercial Paper
12/07/09
02/11/10
3,998,680.00
0.18
     
  c.
Authorize the Auditor-Controller to re-invest, within the established policy of the Board, investments maturing between December 9, 2009, and January 11, 2010, 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 November 2009 prepared by PFM.

Adopted

     
GENERAL MANAGER’S REPORT
     
4.

General Manager Celia Kupersmith recognized the following members of the Auditor-Controller’s Office for excellent service in connection with the preparation of the District’s budget, stating that because of their hard work, the public, the District and the Board are well informed regarding financial receipts and disbursements: Jennifer Mennucci, Joanne Leone, Richard Driscoll, Alice Ng, Gayle Prior, Andrea Phillips, Jennifer Raupach, Jeff Dion and Joe Wire.

     
ATTORNEY’S REPORT
     
5. Attorney David J. Miller reported that all items contained in the Attorney’s Report were informational.
     
ENGINEER’S REPORT
     
6.
No written or oral reports were presented by District Engineer Denis Mulligan. A written report is presented to the Board of Directors by the District Engineer at the second Board meeting of the month.
     
REPORT OF THE TRANSPORTATION COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF JANUARY 7, 2010
     
7.

Approve Full Transition to TransLink® as the Sole Method of Receiving Golden Gate Transit Inter-County Frequent Rider Discounts on Regional Bus Service

Directors BROWN/COCHRAN
Resolution No. 2010-002
approves the elimination of magnetic-stripe fare “Value Cards” in the denominations of $25.00, $50.00, and $75.00, effective August 1, 2010; and approves full transition to TransLink® as the sole method of receiving inter-county frequent rider discounts on regional Golden Gate Transit Bus service.


Adopted

AYES (18): Directors Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro
NOES (0): None
ABSENT (1): Director Grosboll

     
REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF JANUARY 7, 2010
     
8.
Authorize the General Manager to File an Application with the Metropolitan Transportation Commission for Regional Transportation Improvement Program Funds for the U.S. Highway 101 Freeway Bus Pad Improvements Project
     
  a. Discussion
     
 

Discussion ensued, including the following comments and inquiries:

  • Director Sanders made the following inquiries:
    • She inquired as to the District’s justification for receiving the $900,000.00 funding. In response, Ms. Kupersmith stated that the Transportation Agency of Marin (TAM) sought eligible projects for funds available from the State Transportation Improvement Program (STIP) for public transportation improvement projects. It was found that freeway bus pads could be improved by implementing better signage and improving pedestrian access. New signs will have solar panels, making it possible to easily read messages in the dark. She stated that the District will work together with Caltrans, owner of the subject property, to obtain required permits. The improvements will enhance the safety and serviceability of freeway bus pads.
    • She inquired as to the source of funds. In response, Mr. Wire stated his understanding that the funds are from the State, which the District will apply on behalf of TAM and will use the funds in Marin County.
    • She commented that Marin County residents surely appreciate this funding and the project that will be provided, but that the figure appeared high for a project providing signage during a poor economy. In response, President Boro stated that the application is competitive, that the Finance Committee considers the improvements necessary and that it is important to invest in this project at the present time. He stated that the project will provide rider and bus safety improvements. In further response, Ms. Kupersmith stated that this is an integrated improvement project that will include more than only signs. Ms. Mantony stated that bus stops will be improved. Mr. Wire stated that Planning Department information indicates the addition of way-finding signs will greatly improve safety of bus pads and provide clarity in those locations where pedestrians must cross the freeway to access buses. In addition, the paths of pedestrian and automobile travel will be improved where possible. He noted that the funding is insufficient to build new pads.

[Director Campos arrived at this time.]

     
  b. Recommended Action
     
 

Directors STROEH/KERNS
Resolution No. 2010-003
authorizes the General Manager, or her designee, to execute and submit an application, related assurances and allocation request with the Metropolitan Transportation Commission for Regional Transportation Improvement Program funds in the amount of $900,000.00, for the U. S. Highway 101 Freeway Bus Pad Improvements Project.

Adopted

AYES (18): Directors Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro
NOES (0): None
ABSENT (1): Director Grosboll

     
REPORT OF THE RULES, POLICY AND INDUSTRIAL RELATIONS COMMITTEE/COMMITTEE OF THE WHOLE OF JANUARY 8, 2010
     
9.

Approve Increasing the Threshold for Procuring Services Using a Formal Competitive Negotiation Process

Directors PAHRE/STROEH

Resolution No. 2010-004 approves increasing the threshold for procuring services using a formal competitive negotiations process from $25,000.00 to $100,000.00, which process is in line with District policy for the procurement of equipment, supplies, or materials and is permissible under Federal transportation procurement guidelines for Best Practices; and, amends the Procurement Policy accordingly.

Adopted

AYES (18): Directors Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro
NOES (0): None
ABSENT (1): Director Grosboll

     
SPECIAL ORDER OF BUSINESS:
     
10.
Approve Actions Relative to Continuation of Lane Diversion Services on Doyle Drive
     
  a. Staff Presentation
     
 

District Engineer Denis Mulligan presented an oral report summarizing negotiations concluded with the California Department of Transportation (Department) leading to a new agreement for lane diversion and emergency response services on Doyle Drive. With the impending commencement of construction on the Doyle Drive Reconstruction Project, the District advised the Department last summer that the District was not in a position to assume the incremental liability risks associated with the provision of these services. Accordingly, the District issued a notice of termination of the existing contract while simultaneously indicating a willingness to continue to provide the services under the terms of a new agreement addressing the District's liability risk concerns and providing the District with adequate compensation. Mr. Mulligan advised that after several months of negotiations, agreement has been reached which the General Manager, Bridge Manager, Engineer and the Attorney are prepared to recommend approval of to the Board.

Under the terms of the new agreement, the District will be provided with necessary risk protection and compensation, as follows:

     
  1.
The District will be made a named insured covered by the Department's Owner Controlled Insurance Program. The deductible portion of that insurance program will be applied to 4 claims per year made against the District subject to an overall annual aggregate cap of $50,000;
   
  2.
The District will purchase automobile liability insurance with limits of $2 million per occurrence with no deductible with the $104,615 annual premium cost being covered by the Department's increased compensation payments to the District described below.
   
  3.
The Department will compensate the District in the amount of $720,000 per year, an increase of $540,000 per year over the amount currently paid to the District by the Department. The payment will cover all District labor, materials, and equipment costs associated with providing the service, as well as the premium costs for the automobile liability insurance program referenced above and potential District workers' compensation exposure.
   
  4.
The Department has agreed to assume liability associated with the design of the lane configuration system to be deployed from time to time on Doyle Drive.
     
 
Mr. Mulligan advised that the Department is scheduled to authorize work on the Doyle Drive Reconstruction Project to begin on Sunday, January 10, 2010 which prompts the recommendation for Board action on the proposed agreement today.
     
  b. Discussion
     
 

Discussion ensued, including the following comments and inquiries:

  • Director Brown inquired as to the deductible amount and whether the District was sufficiently protected. In response, Mr. Mulligan stated that for up to four occurrences where a claim would be paid, the District would be responsible for only $12,500.00 for each occurrence. After out-of-pocket payments for deductibles reach $50,000.00, no further deductibles would be payable if additional claims were paid by the insurance company.
  • Director Sanders inquired as to whether her understanding was correct that some of the money paid will be for Workers’ Compensation and for automobile liability insurance. Ms. Kupersmith responded in the affirmative.
  • Director Campos made the following inquiries:
    • He inquired as to whether the amount of the policy was sufficient in view of the increased risk. In response, Mr. Mulligan stated that the coverage is sufficient. The District’s exposure will be limited to the deductible amount. He inquired as to whether the District would be indemnified in any form. In response, Mr. Mulligan stated that the District would not be indemnified.
    • He inquired as to whether the insurance company will require specific safety measures, training or other procedures that might result in preventing the District’s collection on claims. In response, Mr. Miller stated it will not.
  • Director Newhouse Segal offered her congratulations to the team that did the work on analyzing the District’s needs and negotiating the Agreement on behalf of the District.

Following the discussion, Attorney David Miller stated that negotiation of the terms of agreement has been a long and arduous process, the final details of which were finalized only an hour before this Board meeting commenced. Insurance coverage will be provided under the State of California’s Owner Controlled Insurance Program and the District will be a named insured. The separate automobile liability policy will provide first dollar coverage for District automobile operations. Any incidents that result in claims of faulty design of the lane configurations will be the legal responsibility of the State. He stated that District personnel will also retain the ability to make decisions regarding the timing of lane changes when they deem it necessary to deviate from the standard lane configuration schedule.

Ms. Kupersmith congratulated the negotiation team. She stated that the Agreement is a good one for the District, and will improve chances for good traffic flow.

In conclusion, following the oral presentation, Mr. Mulligan displayed a short, informative video depicting an aerial view of the existing and planned lane and ramp configurations.

     
  c. Recommended Action
     
  Directors NEWHOUSE SEGAL/COCHRAN
Resolution No. 2010-005
approves actions relative to continuation of lane diversion services on Doyle Drive, as follows:
  a.
Approves execution of an Agreement with the California Department of Transportation for the operation and implementation of a Lane Diversion Program and for Roadway/Tow Services along Doyle Drive, in connection with the south access to the Golden Gate Bridge Doyle Drive Replacement Project; and
  b.

Authorizes the purchase of automobile liability insurance of $1,000,000.00 per occurrence, as primary coverage, with Colony Insurance Company, and of excess automobile liability coverage of $1,000,000.00 per occurrence, with Axis Surplus Insurance Company, for a total annual premium of $104,615.00.

Adopted

     
 
AYES (18): Directors Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro
NOES (0): None
ABSENT (1): Director Grosboll
     
ADJOURNMENT
     
11.
All business having been concluded, the meeting was adjourned at 10:40 a.m., in memory of Albert Momsen, Nancy Rodriguez, Alice Calegari, Sef Murguia, Louis Gage Chrysler, Jr. and Alinda Boyce Franklin.
     

 

Respectfully submitted,

/s/ Janet S. Tarantino,
Secretary of the District