16-2010

GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

MEMORANDUM OF MINUTES

BOARD OF DIRECTORS MEETING

SEPTEMBER 10, 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, September 10, 2010, at 10:00 a.m., President Boro presiding.

ROLL CALL

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

Directors Absent (4): Directors Brown, Chu, Elsbernd and McGlashan

Staff Present: General Manager and Acting District Engineer Denis J. Mulligan; Auditor-Controller Joseph M. Wire; District Secretary Janet S. Tarantino; Attorney David J. Miller; 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; Public Affairs Director Mary Currie; Executive Assistant to the General Manager Amorette Ko; Assistant Clerk of the Board Lona Franklin

Visitors Present: None

PLEDGE OF ALLEGIANCE

First Vice President Reilly led the Board of Directors in the Pledge of Allegiance to the Flag.

PUBLIC COMMENT

There was no public comment.

CONSENT CALENDAR

Directors STROEH/KERNS moved and seconded to approve the Consent Calendar. All items were approved by the following vote of the Board of Directors:

AYES (15): Directors Campos, Cochran, Dufty, Grosboll, Kerns, 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 Brown, Chu, Elsbernd and McGlashan

       
1. Approve the Minutes of the Following Meetings
       
  a. Transportation Committee/Committee of the Whole of August 6, 2010;
  b. Building and Operating Committee/Committee of the Whole of August 12, 2010;
  c. Finance-Auditing Committee/Committee of the Whole of August 12, 2010; and,
  d.

Regular Meeting of the Board of Directors of August 13, 2010.

Carried

       
2. Denial of Claims
       
  a.

Insufficient Claim of Steve Svienty

Carried

  b.

Subrogation Claim of State Farm Mutual Automobile Insurance Company (Insured: Jeffrey K. Shioya)

Carried

  c.

Subrogation Claim of GEICO Direct (Insured: Colin A. Bach)

Carried

  d.

Amended Subrogation Claim of California State Automobile Association (Insured: Lucky Rathsavong)

Carried

       
REPORTS OF OFFICERS
       
3.

General Manager’s Report

General Manager Denis Mulligan reported that the District had received a first place award in the 2010 American Public Transportation Association’s “AdWheel Awards” competition. Hundreds of transit systems throughout the United States and Canada competed for this honor. The District earned its First Place award for the “Passes & Tickets” campaign in the Value Card Program category.

He reported that negotiations with the Golden Gate National Parks Conservancy, authorized by the Board on July 23, 2010, are going well. He noted that this topic may come before the Board on September 24, 2010.

       
ATTORNEY’S REPORT
       
4.
Attorney David. Miller reported that all items contained in the Attorney’s Report are informational. Attorney Miller reported that the Closed Session items listed on the Agenda as Items No. 6.B.1, 6.B.2., 6.B.3., and 6.B.4., will be held just prior to the conclusion of this meeting, to discuss the following items:
       
  "1. Conference with Legal Counsel – Public Employee Appointment
Pursuant to Government Code Section 54957(b)(1)
Titles: General Manager and District Engineer
       
  "2. Conference with Labor Negotiator – Pending Labor Negotiations
Pursuant to Government Code Section 54957.6
Amalgamated Transit Union, Local No. 1575
       
  "3. Conference with Legal Counsel and District Security Personnel
Pursuant to Government Code Section 54957(a)
Security-Related Matter
       
  "4. Conference with Legal Counsel – Pending Litigation
Pursuant to Government Code Section 54956.9(a)
Report of Hanson Bridgett, LLP
Grace Dammann et al vs. Golden Gate Bridge, Highway and Transportation District.”
       
ENGINEER’S REPORT
       
5.
Acting District Engineer Denis Mulligan reported that all items contained in the written Engineer’s Report are informational. He stated that, in regard to the Doyle Drive Reconstruction Project, there is little to report. He noted that a contributing factor to the ongoing traffic congestion is the modified timing on traffic signals, especially on Lombard Street and the approaches to the Golden Gate Bridge, where longer red light durations lead to a backup from Van Ness Avenue. He pointed out that summer is historically more congested than other seasons, and that a portion of the cause is capacity. The District continues to meet with the California Department of Transportation (Caltrans) to minimize traffic impacts.
       
REPORT OF THE TRANSPORTATION COMMITTEE/COMMITTEE OF THE WHOLE OF SEPTEMBER 9, 2010
       
6.

Approve Actions Relative to the Award of Contract No. 2011-FT-5, Improvements to Berths at the Larkspur Ferry Terminal to Bay Ship & Yacht Co.

Directors COCHRAN/EDDIE
Resolution No. 2010-074
approves actions relative to the award of Contract No. 2011-FT-5, Improvements to Berths at the Larkspur Ferry Terminal, as follows:

  a.
Authorize the award of Contract No. 2011-FT-5, to Bay Ship & Yacht Co., of Alameda, CA, in the amount of $388,888.00;
  b.
Establish a Contingency Fund in the amount of $61,112.00, to cover sales tax and unanticipated items that may be discovered once work commences;
  c.
Authorize the General Manager to approve change orders to Contract No. 2011-FT-5, up to the maximum of the available contract contingency;
  d.
Establish a Project budget in the amount of $450,000.00; and,
  e.

Authorize a budget increase in the FY 10/11 Ferry Transit Division Capital Budget in the amount of $180,900.00, to be funded from District reserves, as concurred with by the Finance-Auditing Committee at its meeting of September 9, 2010.

Adopted

       
 
AYES (15): Directors Campos, Cochran, Dufty, Grosboll, Kerns, 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 Brown, Chu, Elsbernd and McGlashan
       
REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE OF SEPTEMBER 9, 2010
       
7.

Receive the Updated Five- and Ten-Year Financial Projection

Directors STROEH/KERNS
Resolution No. 2010-075
receives the updated Five- and Ten-Year Financial Projection from FY 11/12 through FY 20/21 (Projection), including the following Sections and Appendices of the Projection, attached to the official Resolution:

       
  a. SECTIONS
    I. Introduction;
    II. Fiscal Strength of the District;
    III. Projection Findings;
    IV. Assumptions; and,
    V. Next Steps.
       
  b. APPENDICES
    A. Projection;
    B. Assumptions;
    C. Ten-Year Capital Plan Projection;
    D. Capital Contribution Calculation; and,
    E. Reserve Structure.
       
 

Adopted

AYES (15): Directors Campos, Cochran, Dufty, Grosboll, Kerns, 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 Brown, Chu, Elsbernd and McGlashan

       
7.

Closed Session

Attorney David Miller, at the request of President Boro, stated that the Board of Directors would convene in closed session, to discuss the matters listed under Closed Session as outlined above in Item No. 4.

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 had met in closed session, as permitted by the Brown Act, to discuss the matters listed above.

       
  a.

Authorize Execution of an Employment Agreement with the Newly Appointed General Manager, Denis Mulligan

First Vice President Janet Reilly stated that it is being recommended that the Board authorize the following action relative to the Employment Agreement with the newly appointed General Manager.

Directors REILLY/MOYLAN
Resolution No. 2010-076
authorizes execution of an Employment Agreement with Denis J. Mulligan to serve as General Manager of the Golden Gate Bridge, Highway and Transportation District, for a five-year term, effective September 2, 2010.

Adopted

AYES (15): Directors Campos, Cochran, Dufty, Grosboll, Kerns, 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 Brown, Chu, Elsbernd and McGlashan

       
  b.

Approve Actions Relative to the District Engineer Position

First Vice President Janet Reilly stated that it is being recommended that the Board approve the following actions relative to the District Engineer position.

Directors REILLY /COCHRAN
Resolution No. 2010-077
approves actions relative to the District Engineer position, as follows:

       
    1.
Designates Ewa Bauer as Acting District Engineer, effective September 10, 2010, to serve in that position during the period of recruitment for the successor to Denis Mulligan as District Engineer; and,
    2.

Approve the retention of Carmen Clark Consulting, San Francisco, CA, for assistance in connection with the recruitment and selection of the District Engineer, at an estimated cost of $11,550.00.

Adopted

       
    AYES (15): Directors Campos, Cochran, Dufty, Grosboll, Kerns, 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 Brown, Chu, Elsbernd and McGlashan
     
  c.

Conference with Labor Negotiator/Amalgamated Transit Union, Local No. 1575

Attorney Miller stated that Amalgamated Transit Union, Local No. 1575 membership will be voting on the proposed terms of their agreement. Results will be reported back at the next meeting of the Board of Directors.

     
  d.

Conference with Legal Counsel and District Security Personnel

Attorney Miller stated that instructions regarding this matter were given to staff.

     
  e.

Conference with Legal Counsel/Pending Litigation

Attorney Miller stated that no action would be taken at this time in the matter of Grace Dammann, et al. vs. Golden Gate Bridge, Highway and Transportation District.

     
ADJOURNMENT
     
8.
All business having been concluded, the meeting was adjourned at 11:45 a.m., in memory of Joanne Alioto Casaudoumecq, Franklin J. Buscher, Patrick A. Dunleavy, Liam Spiers, Daniel Linehan, Brigid Mackey, and the victims of the San Bruno fire disaster.
     
     

 

Respectfully submitted,

s/ Janet S. Tarantino
Secretary of the District