3-2010

GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

MEMORANDUM OF MINUTES

BOARD OF DIRECTORS MEETING

FEBRUARY 12, 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, February 12, 2010, at 10:00 a.m., President Boro presiding.

ROLL CALL

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

Directors Absent (3): Directors Campos, Kerns and Sanders

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/Administration and Development Z.W. Johnson; Public Affairs Director Mary C. Currie; Executive Assistant to the General Manager Amorette Ko; Assistant Clerk of the Board Lona Franklin

Visitors Present: David Hull, Bridge Rail Foundation; Eve Meyer, San Francisco Suicide Prevention

PLEDGE OF ALLEGIANCE

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

PUBLIC COMMENT

There was no public comment.

CONSENT CALENDAR

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

AYES (14): Directors Brown, Cochran, Elsbernd, Grosboll, McGlashan, Moylan, Newhouse Segal, Pahre, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro
NOES (0): None
ABSENT (5): Directors Campos, Chu, Dufty, Kerns and Sanders

     
1. Approve the Minutes of the Following Meetings:
     
  a. Building and Operating Committee/Committee of the Whole of January 21, 2010;
  b. Finance-Auditing Committee/Committee of the Whole of January 21, 2010; and,
  c.

Regular Meeting of the Board of Directors of January 22, 2010.

Carried

     
2. Denial of Claims
     
  a. Claim of Marc Aaron Weidenbaum Carried
 

b.

Claim of Ilana Diamond Carried
  c. Claim of Rodney Percoats Carried
  d. Claim of Jae Yong Yi Carried
  e. Claim of Gloria Galofre-Ross Carried
     
3.
Ratify Actions by the Auditor-Controller
Resolution No. 2010-010
(Finance-Auditing Committee, January 21, 2010) ratifies actions taken by the Auditor-Controller, as follows:
     
  a. The Board of Directors has no commitments and/or expenditures to ratify for the period December 1, 2009, through December 31, 2009;
  b. Ratify investments made by the Auditor-Controller during the period December 9, 2009, through January 11, 2010, as follows:
     
Security
Purchase Date
Maturity Date
Original Cost
Percent Yield
Calyon North America, Inc., Commercial Paper
12/28/09
03/29/10
6,347,708.95
0.21
     
  c.
Authorize the Auditor-Controller to re-invest, within the established policy of the Board, investments maturing between January 12, 2010, and February 16, 2010, 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 December 2009, as prepared by PFM.

Adopted

     
GENERAL MANAGER’S REPORT
     
4.

Presentation of Employee of the Month Award to Maurice Palumbo, Principal Planner

President Boro presented the Employee of the Month Award to Maurice Palumbo and expressed his congratulations on behalf of the Board of Directors.

     
5.
Presentation of Employee of the Year Award to Joe Leong, Systems Administrator – PC Support

President Boro presented the Employee of the Year Award to Joe Leong and expressed his congratulations on behalf of the Board of Directors.
     
6.

Report of Emergency Action of the General Manager Relative to Emergency Repair of the Main Engine of the M.V. Napa

Ms. Kupersmith stated that the written report contains an announcement of emergency repairs on the M.V. Napa, and that repairs were authorized by the General Manager. The report noted that, when emergency action is taken by the General Manager, a report is required to be made to the Board of Directors.

She stated that the repair has been made and the M.V. Napa is back in service and has been operating well. The cost of repairs was $40,554.53, which will be charged to the FY 09/10 Ferry Division Capital Budget. She stated that staff determined the price to be fair and reasonable and that the District has funds budgeted to cover this kind of event. A copy of the staff report is available in the Office of the District Secretary and on the District’s web site.

     

[Director Chu arrived at this time.]

ATTORNEY’S REPORT

     
7. Attorney David J. Miller reported that all items contained in the Attorney’s Report are informational, and that a closed session will not take place at this meeting.
     
ENGINEER’S REPORT
     
8.

No written report was 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.

At the meeting, Mr. Mulligan thanked staff and the Board for patience during reconstruction of the entrances to the Administration Building. He stated that, once completed, both entrances will meet current accessibility requirements.

     
REPORT OF THE TRANSPORTATION COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF FEBRUARY 11, 2010
     
9.

Approve Actions Relative to the Award of Contract No. 2010-MD-3, Security Guard Services for Bus and Ferry Facilities, to Barbier Security Group

Directors BROWN/COCHRAN
Resolution No. 2010-011
approves the following actions relative to Request for Proposals (RFP) No. 2010 MD-3, Security Guard Services for Bus and Ferry Facilities:

     
  1. Rejects the protest submitted by First Alarm Security & Patrol, Inc., Oakland, CA,
  2.
Rejects the protests submitted by Cypress Private Security, LLC, San Francisco, CA, as untimely and on its merits; and,
  3.

Authorizes award of a Contract to Barbier Security Group, San Rafael, CA, relative to RFP No. 2010-MD-3, in the amount of $475,514.00, for a two-year period effective March 1, 2010, with two successive one-year options on the same terms and conditions with the exception of a cost increase of up to five percent, subject to satisfactory documentation and District approval, exercisable by the General Manager or designee.

Adopted

     
 

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

     
10.

Authorize Execution of an Agreement with the Marin County Transit District to Operate the Muir Woods Shuttle for the Summer 2010

Directors BROWN/GROSBOLL
Resolution No. 2010-012
authorizes execution of a one-year Agreement with the Marin County Transit District (Marin Transit) to operate the Muir Woods Shuttle from Saturday, May 1, 2010 through Sunday, September 26, 2010, with the understanding that the service will be paid for by Marin Transit at a cost not to exceed $326,686.00.

Adopted

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

     
REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE OF FEBRUARY 11, 2010
     
11.

Approve Implementation of a Public Review Process Relative to a Proposal to Establish a Toll for Carpools and to Increase Multi-Axle Vehicle Tolls

Directors STROEH/COCHRAN

Resolution No. 2010-013 authorizes undertaking the public review process associated with a proposal to establish a toll for carpools and to increase multi-axle vehicle tolls to include conducting an informational Open House and setting a Public Hearing for the purpose of providing information, answering questions and receiving input from the public about the proposal, as follows:

Open House
Wednesday, April 7, 2010
4:00 p.m. to 7:00 p.m.
Embassy Suites
San Rafael, CA

Public Hearing
Friday, May 14, 2010
9:30 a.m.
Board Room, Administration Building
Golden Gate Bridge Toll Plaza Building
San Francisco, CA;

and, authorizes staff to present at the Open House information on a proposal to establish a toll for carpools and to increase multi-axle vehicle tolls, an initiative included in the FY 09/10 Financial Plan for Achieving Long-Term Financial Stability, that will result in a carpool toll equal to 50% of the cash toll ($3.00), and a 3+ axle vehicle toll of $5.00 per axle for FasTrak® customers and $6.00 per axle for cash toll customers, to be capped at 7 axles; with a targeted date for implementation of the carpool toll on July 1, 2010, a targeted date for half of the multi-axle toll increase on July 1, 2011 and a targeted date for the other half of the multi-axle toll increase on July 1, 2012.

Adopted

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

     
12.

Authorize Execution of Change Order No. 6 to Contract No. 2006-B-19, Replacement of FasTrak® Lane and Plaza/Host Equipment, with The Revenue Markets, Inc., dba TRMI Systems Integration, to Enhance the Accuracy and Flexibility of the FasTrak® System

Directors STROEH/EDDIE
Resolution No. 2010-014
authorizes the execution of Change Order No. 6 to Contract No. 2006-B-19, Replacement of FasTrak® Lane and Plaza/Host Equipment, with TRMI in the amount of $135,000.00, to increase the accuracy and flexibility of the FasTrak® toll collection system; with the understanding that requisite funds are available in the FY 09/10 Bridge Division Operating Budget.

Adopted

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

     
SPECIAL ORDER OF BUSINESS
     

13.

Approve Actions Regarding the Approval of the Final Environmental Impact Report for the Golden Gate Bridge Physical Suicide Deterrent System Project with Alternative 3, Installation of a Net System, as the Locally Preferred Alternative
     
  A. Staff Report
     
 

In a memorandum to the Board, Deputy District Engineer Ewa Bauer, District Engineer Denis J. Mulligan and General Manager Celia G. Kupersmith provided a report on staff’s recommendation that the Board approve a resolution that certifies the Final Environmental Impact Report (FEIR) for the Golden Gate Bridge Physical Suicide Deterrent System Project (Project) and adopts the Project, making necessary findings as part of that approval. The staff report stated that the Board, in adopting the Project, will adopt the Findings of Fact and Statement of Overriding Considerations (Exhibit A, attached hereto) and the Mitigation Monitoring and Reporting Plan (Exhibit B, attached hereto).

The staff report briefly described the history of the Project, stating that procedures prescribed by the California Environmental Quality Act and the National Environmental Protection Act were carefully followed. In 2007, a Notice of Preparation (NOP) for the combined Environmental Impact Report (EIR)/Environmental Assessment (EA) was circulated to the State Clearinghouse and to local, regional and federal agencies and organizations. Comments received in response to the NOP were considered in preparation of the Draft EIR. The staff report stated that the Draft EIR/EA, which evaluated potential environmental impacts of six alternatives, including a “No Build” alternative, was issued and circulated for review and comment by the public and other interested parties, agencies or organizations. Display advertisements noticing the release of the Draft EIR/EA and the public meetings were run in three languages in the San Francisco Chronicle and additional display advertisements were published in seven area newspapers. The staff report stated that Notices of Availability of the Draft EIR/EA were mailed to interested individuals, organizations and agencies, and that email notification was sent to a list of hundreds of individuals and organizations. In addition, the District received extensive media coverage. The report stated that the Draft EIR/EA was available at ten libraries in five surrounding counties and online at the Project website, www.ggbsuicidebarrier.org in addition to being provided to any organization or individual who requested a copy. The report stated that a Citizens’ Guide to the Draft Environmental Impact Report/Environmental Assessment was developed and disseminated.

The staff report described public meetings held in Marin County and San Francisco, attended by approximately 225 members of the public, the 5,870 comments that were received. The report noted that most comments expressed personal opinions regarding proposed Project alternatives, with approximately 25% expressing personal beliefs regarding suicide. In addition, comments were received regarding traffic, transportation, biological resources, noise, vibration, air quality and cultural resources.

The staff report stated that Alternative 3, the Net System, was adopted by the Board on October 10, 2008 as the Preferred Alternative. Subsequently, the consultation process under Section 106 of the National Historic Preservation Act took place and on May 22, 2009, the Board authorized execution of a Memorandum of Agreement (MOA) to address mitigation measures related to the impacts of the Project on historic Bridge property. In response, information was added to the MOA, and the Net System design was modified. Additionally, in response to comments received on the Draft EIR/EA, an Avian Impact Study was prepared.

The staff report stated that on January 22, 2010, the District issued the Final EIR/EA and Section 4(f) Evaluation with Finding of No Significant Impact for the proposed Project. The Final EIR/EA comprises the revisions to the Draft EIR/EA, letters received commenting on the Draft EIR/EA and the Responses to Comments.

The staff report stated that the Final EIR/EA identified potentially significant environmental impacts. The effect on a scenic vista will be a significant, unavoidable impact because the Project will be visible from the sidewalk at the Bridge tower. The report stated that the horizontal support system for the net system will be painted International Orange to match the color of the existing Bridge structure, and the net itself will be unpainted and uncoated marine-grade stainless steel to reduce the visual intrusion of the net. These measures will improve visual compatibility and reduce the view blockage from the Bridge although the adverse visual impact to this view from the Bridge would remain significant. The effects of demolition or material alteration of a historic resource are unavoidable. The Bridge’s historic property has been determined eligible for listing in the National Register of Historic Places and is listed in the California Register of Historic Resources. The Project will cause direct and indirect adverse effects, resulting in significant impact to the environment. The staff report states that mitigation measures will be conducted to address the effects this Project will have on the Bridge. The staff report states that the Project does not include the development or direct disturbance of plant communities or aquatic habitats. The Project does, however, have the potential to adversely affect migrating and nesting birds, as migrating birds could collide with the net or be lured to nest or perch in an inappropriate spot on or adjacent to the net where mortality risk is high. Implementation of the mitigation measures will reduce impacts to a less than significant level.

The staff report stated that no fiscal impact is associated with certification of the Final EIR/EA for this Project, because it creates no funding obligation for the District. It is anticipated that the final design and construction of the net will be funded with donations, non-profit funds and grant funds, although such funds are not currently programmed. The report noted that preliminary engineering and environmental studies have been funded with grants and donations and that no toll dollars were used. A copy of the staff report is available in the Office of the District Secretary and on the District’s web site.

     
  B. Staff Presentation
     
 

At the meeting, Mr. Mulligan stated that staff recommends certification of the Final EIR/EA. He provided a background on the purpose and need for the Project. He stated that in 2006, the Board approved starting preliminary engineering and environmental studies for this Project and wind tunnel testing was the first step in this process. The May 2007 presentation of the outcome of the wind tunnel testing is available at http://www.ggbsuicidebarrier.org/docs/CompleteWSR_wsignature.pdf.

[Director Dufty arrived at this time]

Mr. Mulligan noted that all build alternatives have impacts. The Net System has fewer impacts, but visual impacts are unavoidable. However, with the variety of mitigation measures that were incorporated, most people will not see the net. He stated that by approving the Statement of Overriding Considerations, the Board will acknowledge that the good of the public overrides the environmental concerns.

Mr. Mulligan acknowledged the team members who have worked on this Project and asked that their names be made part of the permanent record. They are:

Mary Currie, District staff, public outreach
John Eberle, District staff, preliminary engineering and environmental studies
Jeffrey Lee, District staff, preliminary engineering and environmental studies
Michael Conneran, Hanson-Bridgett, LLC
Gregory McConnell, Caltrans
Haiyan Zhang, Caltrans
Elizabeth McKee, Caltrans
Jon Raggett, West Wind Laboratory
Bill Burton, AECOM
Steve Morton, AECOM
Michael Barbour, AECOM
Phyllis Potter, CirclePoint
Megan Wessel, CirclePoint
Meta Bunse, JRP Historical Consulting

     
  C. Discussion by the Board
     
 

Discussion ensued, including the following comments and inquiries:

  • Director Reilly thanked Mr. Mulligan and the project team. She also commended the project advocates for bringing this issue to the Board’s attention.
  • Director Brown inquired as to whether this is similar to the previously studied “Z-clip” concept. In response, Mr. Mulligan stated that it is different. Unlike Z-clip, the installation of the Net System will not be visible to motorists. The net is designed to flex a little if someone jumps into it. In other places, where a similar net has been installed, suicide attempts have been dramatically reduced.
  • Director Dufty thanked Mr. Mulligan and the team who have worked on this Project to date. He stated that, as a result of the public testimony taken in the past, he has a deeper sense of both public and private responsibility in this regard.
  • Director Newhouse Segal thanked Mr. Mulligan and the team, and urged the Board to move forward as quickly as possible to prevent further suicides. She inquired as to the best method for private individuals to contribute money for the project. In response, Ms. Kupersmith stated that the District has set up an account for this purpose. Donations can be earmarked for this Project and are tax deductible. The public can access www.ggbsuicidebarrier.org to check the status of the Project and for directions to make donations. This site also has the phone number for a suicide prevention/advocacy group.
     
  D. Public Comment
     
 

Eve Meyer, San Francisco Suicide Prevention, stated that she is pleased to see this action taken. While in the past it may have seemed impossible, over time it became possible because of the efforts of Directors who stepped forward to support it. She stated that this was a huge effort by staff and acknowledged Mr. Mulligan, stating that he was endlessly willing to stand up before families who had lost a family member to suicide, and explain the proposed project and process to them carefully, clearly and patiently. She commented that the effort to find implementation funding for this necessary project begins today.

David Hull, Bridge Rail Foundation, stated he first came before this Board to advocate for a suicide deterrent system five years ago after his daughter committed suicide by jumping from the Bridge. He thanked the Board for reversing the District’s long-standing policy. He stated that the Project should be completed as speedily as possible.

     
  E. Action by Board of Directors
     
 
Directors STROEH/DUFTY
Resolution No. 2010-015
approves actions regarding the approval of the Final Environmental Impact Report for the Golden Gate Bridge Physical Suicide Deterrent System Project with Alternative 3, Installation of a Net System, as the Locally Preferred Alternative, as follows:
    1.
In approving this Resolution, the Board certifies that the Final EIR/EA has been completed in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines; and,
    2.
In approving this Resolution, the Board hereby finds that it has independently reviewed and analyzed the Final EIR/EA and considered the information contained therein and all comments, written and oral, received prior to approving the Resolution; and,
    3.
In approving this Resolution, the Board hereby finds that the Final EIR/EA reflects the District’s independent judgment and analysis, as required by Public Resources Code Section 21082.1; and,
    4.
In approving this Resolution, the Board adopts Sections I through IX of Exhibit A attached hereto in order to satisfy its obligations under Public Resources Code sections 21002 and 21081, subdivision (a) regarding the changes or alterations made to the Project to mitigate or avoid environmental impacts; and,
    5.
In approving this Resolution, the Board adopts Section X of Exhibit A attached hereto in order to satisfy its obligations under Public Resources Code sections 21081, subdivision (b), and CEQA Guidelines section 15093, which requires the decision-making body to balance, as applicable, the economic, social, legal and other benefits of a proposed project against the unavoidable environmental effects associated with the project; and,
    6.
In approving this Resolution, Board adopts Exhibit B attached hereto in order to satisfy its obligations under Public Resources Code section 21081.6, subdivision (a) to ensure the monitoring of all adopted mitigation measures necessary to substantially lessen or avoid the significant effects of the project; and,
    7.
Based on and in consideration of all of the foregoing, the Board hereby adopts Alternative 3, the Net System, as described in the Final EIR/EA, along with, and conditioned by, the mitigation measures, which are described in the Findings of Fact attached as Exhibit A and reflected in the Mitigation Monitoring Plan attached hereto as Exhibit B, which shall be incorporated into and be a part of the approved alternative; and,
    8.

The Board of Directors hereby directs District staff to file with the County Clerks of San Francisco and Marin Counties and the Office of Planning and Research a Notice of Determination commencing the 30-day statute of limitations for any legal challenge to the project based on alleged non-compliance with CEQA.

Adopted

     
   
AYES (16): Directors Brown, Chu, Cochran, Dufty, Elsbernd, Grosboll, McGlashan, Moylan, Newhouse Segal, Pahre, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro
NOES (0): None
ABSENT (3): Directors Campos, Kerns and Sanders
     
ADJOURNMENT
     
14.
All business having been concluded, the meeting was adjourned at 10:50 a.m., in memory of Thomas Francis Hayes, Dan Kelleher, Walter Charles Lees and Lorna Van Linge.
     

 

Attachments to Resolution No. 2010-015: Exhibit A – Findings of Fact and Statement of Overriding Considerations; Exhibit B – Mitigation Monitoring and Reporting Plan

 

Respectfully submitted,

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

Exhibit A: Findings of Fact and Statement of Overriding Considerations
Exhibit B: Mitigation Monitoring and Reporting Plan