17-2010

GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

MEMORANDUM OF MINUTES

BOARD OF DIRECTORS MEETING

SEPTEMBER 24, 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 24, 2010, at 10:00 a.m., President Boro presiding.

ROLL CALL

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

Directors Absent (3): Directors Brown, Grosboll and Kerns

Staff Present: General Manager Denis Mulligan; Acting District Engineer Ewa Bauer; Auditor-Controller Joseph Wire; District Secretary Janet Tarantino; Attorney David Miller; Attorney Madeline Chun; 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: None

PLEDGE OF ALLEGIANCE

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

PUBLIC COMMENT

There was no public comment.

CONSENT CALENDAR

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

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


1.	Approve the Minutes of the Following Meetings

	a.	Transportation Committee/Committee of the Whole of September 9, 2010;
	b.	Finance-Auditing Committee/Committee of the Whole of September 9, 2010; and,
	c.	Regular Meeting of the Board of Directors of September 10, 2010. Carried

2.	Denial of Claims

	a.	Amended Claim of Latoya Jernigan Carried
	b.	Insufficient Claim of Minnie Selikin Carried
	c.	Amended Claim of Charlene Williams Carried
	d.	Application for Leave to Present Late Claim and Claim of Tami Dee Lyon Carried
	e.	Claim of Samuel R. Coffey Carried

GENERAL MANAGER’S REPORT

3.	a.	Request to Add a Closed Session Item to the Board of Directors Agenda At the request of the General Manager, Attorney Miller stated that it would be appropriate to add an additional Closed Session item to the September 24, 2010, Board of Directors agenda relative to a security-related matter. He further stated that the Brown Act allows additions to an agenda if the item arose subsequent to the posting of an agenda, and if there is an immediate need for action. Directors PAHRE/SOBEL moved and seconded to add a Closed Session matter, Conference with Legal Counsel and District Security Personnel, Pursuant to Government Code Section 54957(a), Security-Related Matter, to the agenda of the Board of Directors for consideration in Closed Session at its meeting of September 24, 2010, as permitted by the Brown Act, as this matter arose subsequent to the posting of the agenda and requires immediate attention. Carried AYES (16): Directors Campos, Chu, Cochran, Dufty, Elsbernd, 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 Brown, Grosboll and Kerns

	b.	Announcements

		1.	Mr. Mulligan announced, after consulting with Board President Boro and Auditor-Controller Wire that, in lieu of having a Special Meeting/Board Retreat to review the FY 09/10 Financial Plan for Achieving Long-Term Financial Stability, this matter could be placed on the Regular Board Meeting scheduled for October 22, 2010, for discussion under Item No. 10., Special Order of Business. He further stated that Board members should plan to be in attendance until 12:00 p.m. that day.

		2.	Mr. Mulligan reported that the Transportation Authority of Marin (TAM), at their meeting of September 23, 2010, voted to award the District Lifeline Transportation Program (State Transit Assistance Act) Funds that are distributed by the Metropolitan Transportation Commission (MTC). He noted that, this year, the MTC has lifted the usual requirements for this funding, so that transit operators can use them to subsidize their shortfalls. He stated that the District has a contract with Marin County Transit District (MCTD) with respect to distribution of funds. These funds are not normal funds and can, therefore, be distributed differently. The agreement between the District and MCTD provides that, if funding is received that does not fit the available categories, they may be divided as agreed upon. The District and MCTD will split the funds, with 50% for each agency. The District must formally seek the funds in order for them to be added to the District’s budget.

4.	Presentation of Five-Year Service Award to Director Lynne Newhouse Segal President Boro presented a Five-Year Service Award to Director Lynne Newhouse Segal and expressed his congratulations on behalf of the Board of Directors.

5.	Presentation of Employee of the Month Award to Willie Gibson, Carpenter, Bridge Division President Boro presented the Employee of the Month Award to Carpenter Willie Gibson, and expressed his congratulations on behalf of the Board of Directors.

ATTORNEY’S REPORT

6.	Attorney David Miller reported that all items contained in the Attorney’s Report are informational. Attorney Miller further reported that the item listed on the Agenda as Item No. 6.B.1.a. Grace Dammann et al vs. Golden Gate Bridge, Highway and Transportation District will be continued to a future date. He also reported that a Closed Session will be held just prior to the conclusion of this meeting, for discussion of the security-related matter, added to the Agenda by the vote of the Board as Agenda Item No. 6.B.4., Conference with Legal Counsel and District Security Personnel, Pursuant to Government Code Section 54957(a), Security-Related Matter, and for discussion and possible action on items listed on the Agenda as Items No. 6.B.1.b., 6.B.2., and 6.B.3., as follows:

		Conference with Legal Counsel – Pending Litigation Pursuant to Government Code Section 54956.9(a) Report of Hanson Bridgett, LLP
		b.	Hollynn Delil vs. Golden Gate Bridge, Highway and Transportation District

		Conference with Labor Negotiator – Pending Labor Negotiations Pursuant to Government Code Section 54957.6 Amalgamated Transit Union, Local No. 1575

		Conference with Legal Counsel – Public Employee Appointment Pursuant to Government Code Section 54957(b)(1) Title: District Engineer

ENGINEER’S REPORT

7.	General Monthly Report Acting District Engineer Ewa Bauer reported that all items contained in the Engineer’s Report are informational. Referring to Request for Proposals No. 2011-B-2, Design Services for the Golden Gate Bridge Physical Suicide Deterrent System, Ms. Bauer reported that five proposals were received. She noted that four proposals were from domestic companies and one proposal was from a German company. She stated that a seven-member Evaluation Committee has been formed to evaluate the four highest-ranking proposals, and that the Evaluation Committee will include representatives from the Federal Highway Administration, the California State Department of Transportation and the Metropolitan Transportation Commission, in order to be certain that the interests of these agencies are represented early in the process.

REPORT OF THE BUILDING AND OPERATING COMMITTEE/COMMITTEE OF THE WHOLE OF SEPTEMBER 23, 2010

8.	*Approve Actions Relative to the Award of Contract No. 2011-FT-3, Larkspur Ferry Terminal Utility Rehabilitation, to JMB Construction, Inc.* Directors EDDIE/STROEH Resolution No. 2010-078 approves actions relative to the award of Contract No. 2011-FT-3, Larkspur Ferry Terminal Utility Rehabilitation, as follows:
	a.	Authorizes award of Contract No. 2011-FT-3 to JMB Construction, Inc., South San Francisco, CA, in the amount of $844,000.00;
	b.	Establishes a Contingency Fund in the amount of $84,400.00;
	c.	Establishes a total Project budget of $1,425,000.00, to be funded with $1,140,000.00 Federal Transit Administration grant funds (80%) and $285,000.00 District Reserves (20% ); and,
	d.	Authorizes a budget increase in the FY 10/11 Ferry Transit Division Capital Budget in the amount of $625,000.00, as concurred with by the Finance-Auditing Committee at its meeting of September 23, 2010. Adopted

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

9.	*Approve Actions Relative to the Award of Sole Source Contract No. 2011-FT-7, Parts and Services for the Overhaul of the M.V. Mendocino Main Engines, to Valley Power Systems North, Inc.* Directors EDDIE/COCHRAN Resolution No. 2010-079 approves actions relative to the award of Sole Source Contract No. 2011-FT-7, Parts and Services for the Overhaul of the M.V. Mendocino Main Engines, as follows:
	a.	Authorizes the award of Sole Source Contract No. 2011-FT-7 to Valley Power Systems North, Inc., Hayward, CA, in the amount of $209,613.09;
	b.	Establishes a Contingency Fund in the amount of $30,386.91, to cover unanticipated items that may be discovered once work commences;
	c.	Establishes a total Project budget of $240,000.00, to be funded with $212,472.00 Federal Transit Administration grant funds (88.53%) and $27,528.00 District Reserves (11.47%);
	d.	Authorizes the General Manager to approve change orders to Contract No. 2011-FT-7, up to the maximum of the available Contingency Fund; and,
	e.	Authorizes a budget increase in the FY 10/11 Ferry Transit Division Capital Budget in the amount of $90,000.00, as concurred with by the Finance-Auditing Committee at its meeting of September 23, 2010. Adopted

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

10.	Ratify the Action of the General Manager Relative to the Issuance of Change Orders to Contract No. 2010-FT-23, Routine Dry Docking of the M.V. Mendocino, with Bay Ship & Yacht, Co., for Additional Work Directors EDDIE/STROEH Resolution No. 2010-080 ratifies the actions of the General Manager relative to the issuance of change orders to Contract No. 2010-FT-23, Routine Dry-Docking of the M.V. Mendocino, with Bay Ship & Yacht Co., in the amount of $137,423.49, for additional work, with the understanding that requisite funds are available in the FY 10/11 Ferry Transit Division Operating Budget. Adopted AYES (16): Directors Campos, Chu, Cochran, Dufty, Elsbernd, 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 Brown, Grosboll and Kerns

REPORT OF THE GOVERNMENTAL AFFAIRS AND PUBLIC INFORMATION COMMITTEE/COMMITTEE OF THE WHOLE OF SEPTEMBER 24, 2010

11.	Rescind the Authorization to Execute a Professional Services Agreement with Clearwire dba Clear Wireless, LLC, Relative to Request for Proposals No. 2010-BT-5, Wireless Internet Services Onboard Golden Gate Transit Buses, and Authorize Reissuing the Request for Proposals Directors REILLY/STROEH Resolution No. 2010-081 rescinds the authorization to execute a Professional Services Agreement with Clearwire, dba Clear Wireless, LLC relative to Request for Proposals No. 2010-BT-5, Wireless Internet Services Onboard Golden Gate Transit Buses; and authorizes reissuing the Request for Proposals. Adopted AYES (16): Directors Campos, Chu, Cochran, Dufty, Elsbernd, 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 Brown, Grosboll and Kerns

SPECIAL ORDER OF BUSINESS

12.	Ratify the Appointment of Mary C. Fuller as the Union Trustee to the Golden Gate Transit – Amalgamated Health and Welfare Trust and Retirement Board Directors MOYLAN/SOBEL Resolution No. 2010-082 ratifies the appointment of Mary C. Fuller as Trustee to the Golden Gate Transit-Amalgamated Health and Welfare Trust and Retirement Board, effective July 26, 2010. Adopted AYES (16): Directors Campos, Chu, Cochran, Dufty, Elsbernd, 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 Brown, Grosboll and Kerns

CLOSED SESSION

13.	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. 6. 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 in Item No. 6. Attorney Miller further reported that, as a result of the Closed Session, the following recommendations were presented to the Board for its consideration:

	a.	Conference with Legal Counsel/Pending Litigation Attorney Miller reported that the Board had provided authorization to the General Manager to execute a Settlement Agreement in the matter of Hollynn Delil vs. Golden Gate Bridge, Highway and Transportation District.

	b.	Conference with Labor Negotiator/Amalgamated Transit Union, Local No. 1575 Attorney Miller stated that it is being recommended that the Board authorize the following action relative to the Memorandum of Understanding with the Amalgamated Transit Union, Local No. 1575. Directors STROEH/SOBEL Resolution No. 2010-084 authorizes execution of a Memorandum of Understanding with the Amalgamated Transit Union, Local No. 1575, representative of District Bus Operators, for a term commencing on November 1, 2010, through February 28, 2017, containing the following key elements:
		1.	A wage freeze in the basic wage rate through February 29, 2012, followed by basic wage rate increases at the rate of 1% on March 1, 2012, September 1, 2012, and March 1, 2013, and at the rate of 1.5% on September 1, 2013;
		2.	An Attendance Incentive Program;
		3.	An Adjustment to various work rules and re-examination of retiree medical benefits structure, in order to meet the District’s adopted FY 09/10 Financial Plan for Achieving Long-Term Financial Stability;
		4.	A contract reopener in December 2013 for negotiation of wage rates, pension funding, the funding of health care and such other issues the parties may agree upon to be applicable during the final three years of the Memorandum of Understanding; and,
		amends Resolution No. 2010-072 accordingly. Adopted AYES (16): Directors Campos, Chu, Cochran, Dufty, Elsbernd, 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 Brown, Grosboll and Kerns

	c.	Conference with Legal Counsel – Public Employee Appointment Attorney Miller stated that it is being recommended that the Board authorize the following action relative to the salary of Acting District Engineer Ewa Z. Bauer. Directors STROEH/REILLY Resolution No. 2010-083 approves a 10% increase in the salary of Ewa Z. Bauer, in keeping with the policy contained in the Human Resources Guide governing setting of salaries of employees appointed to serve in an “acting” capacity on an interim basis, effective as of September 10, 2010, the date of her appointment as Acting District Engineer and for the duration of her service in that capacity. Adopted AYES (16): Directors Campos, Chu, Cochran, Dufty, Elsbernd, 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 Brown, Grosboll and Kerns

	d.	Conference with Legal Counsel and District Security Personnel, Government Code Section 54957(a), Security-Related Matter No action was taken on this matter.

ADJOURNMENT

14.	All business having been concluded, the meeting was adjourned at 11:10 a.m., in memory of Charles W. Meyers. Sr.; Gary T. Molossi; Retired Bus Operator Sjoerd (Stu) S. Halbersma; Dustin Elijah Riley; Hon. Judge Joseph Anthony Desmond; and, the District’s past California Legislative Consultant, Thomas Konovaloff.

Respectfully submitted,

s/ Janet S. Tarantino
Secretary of the District