10-2010

GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

MEMORANDUM OF MINUTES

BOARD OF DIRECTORS MEETING

MAY 28, 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, CA, on Friday, May 28, 2010, at 10:00 a.m., President Boro presiding.

ROLL CALL

Directors Present (17): Directors Brown, Campos, Chu, Cochran, Elsbernd, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro

Directors Absent (2): Directors Dufty and Grosboll

Staff Present: General Manager Celia G. Kupersmith; Auditor-Controller Joseph M. Wire; District Engineer Denis J. Mulligan; Secretary of the District Janet S. Tarantino; Attorney David J. Miller; Deputy General Manager/Bridge Division Kary Witt; Deputy General Manager/Bus Transit Division Teri Mantony; Deputy General Manager/Ferry Transit Division James Swindler; Deputy General Manager/Administration and Development Z. Wayne Johnson; Executive Assistant to the General Manager Amorette Ko; Assistant Clerk of the Board Lona Franklin

Visitors Present: Jerry Grace, San Lorenzo resident

PLEDGE OF ALLEGIANCE

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

PUBLIC COMMENT

Jerry Grace, San Lorenzo resident, made general comments regarding a meeting he recently attended in Sacramento, where speakers had discussed transit issues, including issues related to serving the disabled community.

CONSENT CALENDAR

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

AYES (16): Directors Brown, Chu, Cochran, 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 (3): Directors Campos, Dufty and Grosboll

 

           
1. Approve the Minutes of the Following Meetings
           
  a. Transportation Committee/Committee of the Whole of May 13, 2010;
  b. Rules, Policy and Industrial Relations Committee of May 14, 2010; and,
  c.

Regular Meeting of the Board of Directors of May 14, 2010.

Carried

           
2. Denial of Claims
           
  a.

Claim of Charlene Williams

Carried

  b.

Claim of Gregory Brooks

Carried

           
GENERAL MANAGER’S REPORT
           
3.

General Manager Celia Kupersmith stated that Thursday, May 27, 2010, was the 73rd Anniversary of the opening of the Golden Gate Bridge. She stated that Executive Assistant to the General Manager Amorette Ko had received a message from the Bridge saying “I’m having a great birthday!”

In addition, Ms. Kupersmith noted that the Environmental process for the Suicide Deterrent Project was completed, with the next step being final engineering design, which is expected to cost approximately $5 million. She stated that the Metropolitan Transportation Commission has been in contact with the District in this regard and that they may be able to provide the necessary funding for this stage of the Project.

           
ATTORNEY’S REPORT
           
4.

Attorney David J. Miller reported that all items contained in the Attorney’s Report are informational. He stated that a Closed Session will be held just prior to the conclusion of the meeting to discuss a matter of pending litigation, Dennis Koenig vs. Golden Gate Bridge, Highway and Transportation District, listed in the Agenda as Item No. 6.B.1.

[Director Campos arrived at this time.]

           
ENGINEER’S REPORT
           
5. District Engineer Denis Mulligan reported that all items contained in the Engineer’s Report are informational.
           
REPORT OF THE TRANSPORTATION COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF MAY 27, 2010
           
6. Approve Actions Relative to Changes to Golden Gate Transit Commute Bus Service
           
  a.

Action by the Board

Directors EDDIE/KERNS
Resolution No. 2010-038
approves actions relative to changes to Golden Gate Transit Commute Bus Service, as follows:

           
    a. Effects the following changes to Golden Gate Transit Commute Bus Service:
      1. Eliminates all service on Route 26 and provides service via new Route 27 with reduced number of trips into Sleepy Hollow;
      2. Eliminates all service on Route 73 and replaces some trips with new express trips on Route 101;
      3. Eliminates all service on Route 75;
      4. Reduces service on Routes 44, 72 and 76;
      5. Eliminates specific segments of Routes 24 and 58;
      6. Adds trips to Route 93 to replace discontinued trips on Routes 72, 73 and 76; and,
    b.

Directs the filing of Notices of Exemption with the Counties of Marin and Sonoma, and the City and County of San Francisco, under the California Environmental Quality Act.

Adopted

           
 
AYES (16): Directors Brown, Campos, Chu, Cochran, Elsbernd, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro
NOES (1): Director Sanders
ABSENT (2): Directors Dufty and Grosboll
           
  b.

Discussion by the Board

  • Director Brown commented that the Board has very difficult choices to make, as the economy continues to struggle. He stated that the decisions the Board has made are business decisions that will lead the District in the right direction.
  • Director Sobel commented that he is in full agreement with Director Brown. He stated the Board’s action is not taken lightly. Staff has prepared and presented a reasonable package of changes that the majority of the public can accept. He emphasized that the Board’s decision to make changes to commute bus service was a necessary one.
  • Director Snyder commented that he had sought input from transit professionals, who agreed that only a few options were available under existing economic circumstances. He stated he could accept the decision made by the Board at the present time. He encouraged the Board to revise the District’s financial plan such that further transit cuts will not be required.
  • Director Sanders commented that she was not able to support the cuts to commute bus service, although she was very appreciative of the analysis by staff. She stated that the District should reduce spending by making cuts in other areas. She stated that a reduction in commute bus service is likely to affect the Highway 101 corridor (Corridor), and she cannot support actions that impact the Corridor. She stated that the advent of rail commuter service in the coming years may improve the situation.
  • President Boro commented that he appreciated staff’s work in analyzing the public comments received and then in modifying the proposal to reflect the desires of the constituents.
           
REPORT OF THE BUILDING AND OPERATING COMMITTEE/COMMITTEE OF THE WHOLE OF MAY 27, 2010
           
7.

Approve Actions Relative to the Award of Contract No. 2010-BT-7, San Rafael Bus Facility Wash Rack Replacement, to Arntz Builders, Inc.

Directors EDDIE/STROEH
Resolution No. 2010-039
approves actions relative to Contract No. 2010-BT-7, San Rafael Bus Facility Wash Rack Replacement, as follows:

  a. Rejects the bid protest submitted by Angotti & Reilly, on its merits;
  b. Authorizes award of Contract No. 2010-BT-7, to Arntz Builders, Inc., Novato, CA, in the amount of $1,746,157.00;
  c. Authorizes a Contingency Fund, in the amount of $174,615.00, equal to 10% of the contract award;
  d.
Authorizes a budget increase in the FY 09/10 Bus Transit Division Capital Budget in the amount of $551,000.00, to be funded with American Recovery and Reinvestment Act funds, as concurred with by the Finance-Auditing Committee at its meeting of May 28, 2010; and,
  e. Establishes a total Project budget of $2,670,000.00;
 

with the understanding that requisite funds for this Project are included in the FY 09/10 Bus Transit Division Capital Budget.

Adopted

AYES (17): Directors Brown, Campos, Chu, Cochran, 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 (2): Directors Dufty and Grosboll

           
8.

Approve Actions Relative to the Award of Contract No. 2010-FT-13, San Francisco Ferry Terminal Accessible Restrooms, to Integra Construction Services, Inc.

The Building and Operating Committee continued discussion and recommendation of this item to the Thursday, June 10, 2010, meeting of the Finance-Auditing Committee. It is anticipated that this item will be presented to the Board of Directors for action at its meeting of Friday, June 11, 2010.

     
9.

Approve the Award of Contract No. 2010-FT-17, Battery System Improvements for Spaulding Ferries, to Dahl-Beck Electric

Directors EDDIE/STROEH
Resolution No. 2010-040
authorizes award of Contract No. 2010-FT-17, Battery System Improvements for Spaulding Ferries, to Dahl-Beck Electric, Richmond, CA, in the amount of $157,365.00, including all Category A items and select Category B items; with the understanding that requisite funds are available in the FY 09/10 Ferry Transit Division Capital Budget.

Adopted

AYES (17): Directors Brown, Campos, Chu, Cochran, 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 (2): Directors Dufty and Grosboll

     
10.

Approve Actions Relative to the Award of Contract No. 2010-FT-18, Larkspur Ferry Terminal Berths and Channel Maintenance Dredging, to Dutra Dredging Company

Directors EDDIE/KERNS
Resolution No. 2010-041
approves actions relative to Contract No. 2010-FT-18, Larkspur Ferry Terminal Berths and Channel Maintenance Dredging, as follows:

  a.
Authorizes award of Contract No. 2010-FT-18, to Dutra Dredging Company, San Rafael, CA, in the amount of $6,339,955.00;
  b.
Authorizes a Contingency Fund, in the amount of $950,993.00, equal to 15% of the contract award;
  c.
Authorizes a budget decrease in the FY 09/10 Ferry Transit Division Capital Budget in the amount of $5,803,000.00, as concurred with by the Finance-Auditing Committee at its meeting of May 28, 2010; and,
  d. Establishes a total Project budget of $9,730,000.00;
 

with the understanding that requisite funds for this Project are included in the FY 09/10 Ferry Transit Division Capital Budget.

Adopted

AYES (15): Directors Brown, Campos, Chu, Cochran, Elsbernd, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders and Snyder; Second Vice President Eddie; First Vice President Reilly; President Boro
NOES (0): None
ABSTAIN (2): Directors Sobel and Stroeh
ABSENT (2): Directors Dufty and Grosboll

     
11.

Approve Actions Relative to Contract No. 2009-BT-3, San Rafael Data Center, with Sonoma County Builders, Inc.

Directors EDDIE/REILLY
Resolution No. 2010-042
approves actions relative to Contract No. 2009-BT-3, San Rafael Data Center, with Sonoma County Builders, Inc., as follows:

  a.
Approves an increase in the Contingency Fund from $135,264.00, which is equal to 10% of the contract award, to $250,000.00, which is equal to 15% of the contract award, to be funded with savings from the reduction in the indirect cost rate and other savings from within the original project budget; and,
  b.
Authorizes the General Manager to approve change orders to Contract No. 2009-BT-3, up to the maximum Contingency Fund amount, with the understanding that any individual change order exceeding $50,000.00 requires the concurrence of the President of the Board and the Building and Operating Committee Chair;
 

with the understanding that requisite funds for this Project are included in the FY 09/10 Bus Transit Division Capital Budget.

Adopted

AYES (17): Directors Brown, Campos, Chu, Cochran, 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 (2): Directors Dufty and Grosboll

     
12.

Approve Actions Relative to Contract No. 2010-FT-10, Installation of New Propulsion System for Re-Powering and Dry-Docking of the M.V. Del Norte, with Ice Floe, LLC, dba Nichols Brothers Boat Builders

Directors EDDIE/MOYLAN
Resolution No. 2010-043
approves actions relative to Contract No. 2010-FT-10, Installation of New Propulsion System for Re-Powering and Dry-Docking of the M.V. Del Norte, as follows:

  a.
Authorizes execution of Change Orders Nos. 5, 6, 9, 12, 16, 17, 23, 24, 27, 29, 30, 31, 32 and 34, relative to Contract No. 2010-FT-10, with Ice Floe, LLC, dba Nichols Brothers Boat Builders, in the amount of $177,619.60;
  b.
Authorizes a budget increase in the FY 09/10 Ferry Transit Division Capital Budget for the M.V. Del Norte Repower project in the amount of $250,000.00 to be funded from District reserves, as concurred with by the Finance-Auditing Committee at its meeting of May 28, 2010; and,
  c.
Establishes a total Project budget of $6,075,000.00;
 

with the understanding that requisite funds for this Project are included in the FY 09/10 Ferry Transit Division Capital Budget.

Adopted

AYES (17): Directors Brown, Campos, Chu, Cochran, 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 (2): Directors Dufty and Grosboll

     
13.

Approve Actions Relative to the Professional Services Agreement with Marine Systems Corporation Regarding Request for Proposals No. 2009-FT-10, Engineering and Detailed Design Services for the Refurbishment of the M.V. Snohomish (M.V. Napa) and the M.V. Chinook (M.V. Golden Gate) Ferries, for Additional Consultant Services

Directors EDDIE/PAHRE
Resolution No. 2010-044
approves actions relative to the Professional Services Agreement with Marine Systems Corporation regarding Request for Proposals (RFP) No. 2009-FT-10, Engineering and Detailed Design Services for Refurbishment of the M.V. Snohomish (M.V. Napa) and M.V. Chinook (M.V. Golden Gate), as follows:

  a.
Authorizes the General Manager to execute amendments to the Professional Services Agreement in an amount not to exceed $65,000.00, for additional consultant services;
  b.
Authorizes an increase in the Contingency Fund in the amount of $65,000.00, for a total of $154,000.00; and,
  c.
Establishes a total Project budget of $700,000.00;
 

with the understanding that requisite funds are available in the FY 09/10 Ferry Transit Division Capital Budget.

Adopted

AYES (17): Directors Brown, Campos, Chu, Cochran, 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 (2): Directors Dufty and Grosboll

     
REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE OF MAY 27, 2010
     
14.

Approve Actions Relative to Establishing a Carpool Toll and Increasing the Multi-Axle Vehicle Toll Rates on the Golden Gate Bridge

     
  a.

Discussion by the Board

  • Director Snyder commented that one advantage of carpools is for families with children. He inquired as to whether the District provides discounts for children. In response, Ms. Kupersmith stated that the District provides a discount of 50% for youth on both buses and ferries.
     
  b.

Action by the Board

Directors STROEH/KERNS

Ordinance 2010-01 approves actions relative to establishing a carpool toll and increasing the multi-axle vehicle toll rates on the Golden Gate Bridge, as follows:

    a.
Establishes a carpool (carpools are two-axle vehicles, with three or more passengers, motorcycles and buses) toll rate of $3.00, 50% of the current cash toll rate of $6.00, during the District’s carpool hours of 5:00 a.m. to 9:00 a.m., and 4:00 p.m. to 6:00 p.m., Mondays through Fridays, effective July 1, 2010; with the understanding that vehicles eligible for the carpool toll will be required to register with FasTrak® and use a transponder to pay their toll; clean air vehicles with white California DMV Clean Air decals will qualify for the carpool toll; and, the carpool toll rate will not apply on New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas;
    b.
Increases the multi-axle vehicle toll for vehicles with three or more axles, as follows: a $5.00 per axle toll for vehicles with 3+ axles, paying with FasTrak®, with a 7-axle maximum toll of $35.00, and a $6.00 per axle toll for vehicles with 3+ axles, paying with cash, with a 7-axle maximum toll of $42.00, with 50% of the increase to be implemented on July 1, 2011, and the remaining 50% of the increase to be implemented on July 1, 2012; with the understanding that staff is directed to investigate and report back to the Board on the legality, fiscal impact, and operational aspects of creating a new toll classification category for privately operated, California Public Utilities Commission certificated providers of regularly scheduled bus transportation services from established points in Sonoma and Marin Counties to the San Francisco International and Oakland International Airports under which such vehicles would continue to be treated as carpools during designated carpool hours and during all other hours of the day would pay a reduced per axle toll rate equivalent to 50% of the otherwise applicable two-axle toll;
    c.
Amends Master Ordinance 2010 accordingly;
    d.
Finds and declares that these toll increases are necessary for the purposes of (a) meeting operating expenses; (b) purchasing or leasing supplies, equipment or materials; (c) meeting financial reserve needs and requirements; and (d) obtaining funds for capital projects necessary to maintain service within existing service areas, and therefore these tolls are exempt from the California Environmental Quality Act under Section 21080(b)(8) of the Public Resources Code; and,
    e.

Directs the filing of Notices of Exemption under the California Environmental Quality Act.

Adopted

     
   
AYES (17): Directors Brown, Campos, Chu, Cochran, 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 (2): Directors Dufty and Grosboll
     
15.

Authorize Execution of a Professional Services Agreement with John Glenn Adjusters & Administrators, Inc., Relative to Request for Proposals No. 2010-D-5, Third Party Administrator for Public Liability and Fleet Claims Investigation & Adjustment Services

Directors STROEH/COCHRAN

Resolution No. 2010-045 authorizes execution of a Professional Services Agreement with John Glenn Adjusters & Administrators, Inc., San Ramon, CA, relative to Request for Proposals No. 2010-D-5, Third Party Administrator for Public Liability and Fleet Claims Investigation and Adjustment Services, in an amount not to exceed $781,728.00, for a three-year term, effective July 1, 2010, plus two one-year options to be exercised at the discretion of the General Manager, in an amount not to exceed $269,316.00, for Year Four, and $274,692.00 for Year Five, for a total amount not to exceed $1,325,736.00; with the understanding that requisite funds are included in the FY 10/11 Operating Budgets, and requisite funds will be budgeted accordingly in each subsequent fiscal year.

Adopted

AYES (17): Directors Brown, Campos, Chu, Cochran, 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 (2): Directors Dufty and Grosboll

     
16.

Authorize Execution of a Payment Transaction with CompuCom Systems, Inc., for Additional Microsoft Licenses

Directors EDDIE/PAHRE
Resolution No. 2010-046
authorizes execution of a payment transaction with CompuCom Systems, Inc. in the amount of $78,365.00, for additional Microsoft licenses, to be issued during the contract period of June 6, 2006, through June 6, 2011, with the understanding that requisite funds are available in the FY 10/11 District Division Operating Budget/Information Systems Department.

Adopted

AYES (17): Directors Brown, Campos, Chu, Cochran, 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 (2): Directors Dufty and Grosboll

     
CLOSED SESSION
     
17.

Attorney’s Report

Attorney David Miller, at the request of President Boro, stated that the Board of Directors would convene in closed session to discuss a matter of pending litigation, Dennis Koenig vs. Golden Gate Bridge, Highway and Transportation District, listed in the Agenda as Item No. 6.B.1.

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, to discuss the item of pending litigation, Dennis Koenig vs. Golden Gate Bridge, Highway and Transportation District, a worker compensation claim. He stated that due consideration was given to the recommendation of Athens Administrators and the Board has given direction to resolve the claim. He stated that no further action is required at this time.

     
ADJOURNMENT
     
18.
All business having been concluded, the meeting was adjourned at 10:35 a.m., in memory of Edna Cannard, Clyde Oliver, Steven Anthony Tarantino, John Ring and Ken Bruce.

 

     

 

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