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

Carried

2.

Claim of Hertz Equipment Rental

Carried

b.

Claim of Sue Velde

Carried

c.

Claim of Daniel Aribal Ortega

Carried

Claim of Kyle Helland

Carried

Claim of Teresa Barahona

Carried

Claim of Kelly M. Reyes

Carried

Claim of Donald R. Dossett, M.D.

Carried

Amended Claim of Jeremiah Patillo

Carried

Application for Leave to Present Late Claim and Claim of Verna A. Miller

Carried

Subrogation Claim of Allstate Insurance (Insured: Helen Baldovinos)

Carried

Ratify Actions by the Auditor-Controller

Resolution No. 2010-092 (Finance-Auditing Committee/Committee of the Whole, October 21, 2010) ratifies actions taken by the Auditor-Controller, as follows:

Authorizes the Auditor-Controller to re-invest, within the established policy of the Board of Directors, investments maturing between October 12, 2010, and November 8, 2010, as well as the investment of all other funds not required to cover expenditures that may become available; and,

Accepts the Investment Report for September 2010, as prepared by PFM.

Adopted

General Manager Denis Mulligan reported that, once again, the Government Finance Officers Association of the United States and Canada (GFOA) has awarded the District with the GFOA’s Certificate of Achievement for Excellence in Financial Reporting for the District’s Comprehensive Annual Financial Report (CAFR) for Fiscal Year 2008/2009. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management.

An Award of Financial Reporting Achievement has been awarded to the individual(s), department or agency designated by the government as primarily responsible for preparing the award-winning CAFR. Mr. Wire introduced the following staff that were responsible for the development and production of this document: Jennifer Croaro, Accounting Specialist; Lehnee Hernandez, Accounting Analyst/Capital and Grants; Bette Joe, Director of Accounting; Ginette Lacues, Accounting Specialist; Albert Lee, Accountant; Janet Murphy, Accounting Specialist; Vicky Ng, Accountant; Stefany Toll, Accounting Supervisor; Jeff Dion, Administrative Assistant; and, Mary Currie, Public Affairs Director.

Presentation of Twenty-Five Year Service Award to Hector I. Bough, Bridge Sergeant, Bridge Division

President Boro presented a Twenty-Five Year Service Award to Hector I. Bough, Bridge Sergeant, Bridge Division, and expressed his congratulations on behalf of the Board of Directors.

Presentation of Twenty-Five Year Service Award to Todd C. Price, Deckhand, Ferry Transit Division

President Boro presented a Twenty-Five Year Service Award to Todd C. Price, Deckhand, Ferry Transit Division, and expressed his congratulations on behalf of the Board of Directors.

Presentation of Employee of the Month Award to Artemise Davenport, Administrative Assistant, Bus Transit Division

President Boro presented the Employee of the Month Award to Artemise Davenport, Administrative Assistant, Bus Transit Division, and expressed his congratulations on behalf of the Board of Directors.

Attorney David Miller reported that all items contained in the Attorney’s Report are informational. Attorney Miller reported that the Closed Session item, listed on the Agenda as Item No. 6.B., will be held just prior to the conclusion of this meeting, to discuss the following item:

General Monthly Report

Acting District Engineer Ewa Bauer reported that all items contained in the written Engineer’s Report are informational.

Monthly Update on California Department of Transportation Project – Doyle Drive Reconstruction

Ms. Bauer stated that, in regard to the Doyle Drive Reconstruction Project, in mid-December the California Department of Transportation (Caltrans) expects to make an overnight closure to shift traffic to and from Park Presidio. At the present time, the date remains to be set.

Public Comment

Christian Yuhas, Union Coalition, stated that there is a growing disparity between bus and ferry fares, which is aligning with income levels. It is tending to make ferries the transportation for the well off, and buses the transportation for those who are less well off. He added that the reduction of the increase in the ferry fare was welcome nonetheless.

Marina Secchitano, Inlandboatmen’s Union of the Pacific, stated that the proposed schedules may not be adequate. She stated that impacting crews as a result of new schedules and switching passengers from Spauldings to high-speed ferries will lead to higher maintenance costs, because the high-speed ferries are costlier to maintain. From the crew’s perspective, it is difficult to deal with the pressure of having to do maintenance on ferryboats that must be returned to service more quickly. She added that the increase in fares could lead to reduced ridership. She stated that thinking of the ferry as luxury transportation is wrong thinking. She expressed her opposition to the changes in fares. She added that ferry service should be available and affordable for everyone.

Staff Presentation

Mr. Mulligan reported that, prior to recommendation of the proposal before the Board today, extensive public outreach was done. Comments were considered in detail and changes were made to align better with desires of ferry riders. The new recommendation makes no changes to the Sausalito schedule. Larkspur service will have winter only schedule changes, but none to the morning commute schedule. He added that the schedule changes will save the District money and that the fare increases originally proposed were changed to a much lower amount.

Mr. Downing added that staff sought rider input, and were present at the ferry terminals to answer questions. Over 400 public comments were received and analyzed, in addition to the testimony received at public hearings. Most comments concerned schedule changes and people’s fear of arriving too late at their destinations.

Board Discussion

Discussion ensued, including the following comments and inquiries:

• Director Campos made the following inquiries:
  • He inquired as to whether or not a fare increase would be harmful by discouraging ridership. In response, Mr. Downing stated that, historically, ridership decreases only about 1%-3% when fares are increased.
  • He inquired as to the extent to which labor was included in the discussion about schedule changes. In response, Mr. Swindler stated that there will be no impact to any full-time regular employees as a result of the schedule changes. He added that some redirection of the workforce will take place. He stated that, although a meet and confer session was not held, a discussion took place with Ms. Secchitano by telephone, during which she was informed that there would be no impacts to full-time regular employees as a result of the schedule changes. Mr. Mulligan added that the changes will affect the casual workforce and that is the reason that schedule changes will benefit the District financially. He noted that, under the Memorandum of Understanding, schedule changes do not require meet and confer.
  • He stated that he would be unable to support the proposal before the Board. He added that, in his opinion, the best results are obtained when all interested parties have an opportunity to voice their positions.

• Director Newhouse Segal commented that she supports the proposed fare and schedule changes. She added that, in the future, employees should be encouraged to provide comments during the public comment period. In response, Mr. Mulligan stated that Ferry Transit Division employees had helped disseminate information about the proposed changes and that the public process is open to everyone.

• Director Snyder commented that the fare and schedule changes would impact riders and that he would be unable to support the proposed changes. He compared the percentage increase for ferry fares with previous increases for bus fares. He suggested that an increase in FasTrak® tolls for crossing the Golden Gate Bridge would be appropriate and would raise revenue. He suggested that, rather than provide frequent riders with a discounted fare, making a monthly pass available at low cost would be a better reward.

• President Boro thanked staff for the work done on this proposal. He stated that he and Director McGlashan had received numerous calls on the issue from riders in San Rafael and Marin County. He stated that the public process had been successful, as evidenced by the responses received by the District.

d.

Approve Changes to Golden Gate Ferry Fares for Passengers Using the ClipperSM Card Program

Directors BROWN/KERNS
Ordinance No. 2010-02 approves actions relative to changes to Golden Gate Ferry Fares for passengers using the ClipperSM Card Program, effective January 1, 2011, as follows:

Adopts a 10% increase in fares for ferry passengers using the ClipperSM Card Program (formerly referred to as “Frequent Rider” fares), as follows:
Regional Ferry Travel – Ferry ClipperSM Card one-way fares:

• Larkspur - SF: $5.70
• Sausalito - SF: $4.85
• ClipperSM Card Youth, Senior, Medicare and Disabled: $4.10;

Amends the 2010 Master Ordinance accordingly.

Adopted

Approve Changes to the Golden Gate Ferry Weekday Schedule

Directors BROWN/KERNS
Resolution No. 2010-093 approves actions relative to changes to the Golden Gate Ferry weekday ferry schedules, for the winter season (October 1 through March 31), effective October 2011, as follows:

1.

Directs the Secretary of the District to file a Notice of Exemption in the offices of the County Clerks in the City and County of San Francisco and the County of Marin.

Adopted

Authorize Award of Contract No. 2011-B-4, Window Washing Services for District Facilities, to Universal Building Services and Supply Co.

Directors EDDIE/McGLASHAN
Resolution No. 2010-094 authorizes the award of Contract No. 2011-B-4, Window Washing Services at District Facilities, to Universal Building Services and Supply Co., Richmond, CA, in the amount of $117,468.00, for a three-year term, commencing on January 1, 2011, with two successive one-year option terms, exercisable by the General Manager or designee, at an increase in cost of up to five percent of the monthly rate based upon a corresponding documented increase in the Contractor’s costs; with the understanding that requisite funds are available in the FY 10/11 Bridge Division Operating Budget, and with the further understanding that requisite funds will be included in the subsequent fiscal years accordingly.

Adopted

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

Authorize the General Manager to Request Approval of a Cooperative Work Agreement for Extension of the Encumbrance Period for Federal Financing of the Golden Gate Bridge Seismic Retrofit Phase IIIA, North Anchorage Housing/North Pylon Construction Project

Directors PAHRE/KERNS
Resolution No. 2010-095 authorizes the General Manager to request approval of a Cooperative Work Agreement through the California State Department of Finance for extension of the encumbrance period for federal financing of the Golden Gate Bridge Seismic Retrofit Phase IIIA, North Anchorage Housing/North Pylon Construction Project.

Adopted

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

Authorize Execution of a Pass-Through Agreement between the Golden Gate Bridge, Highway and Transportation District and the Marin County Transit District for Federal Transit Assistance Relative to the State of Good Repair Discretionary Fund Program

Directors PAHRE/COCHRAN
Resolution No. 2010-096 authorizes the General Manager, or his designee, to enter into and execute the Federal Transit Administration’s State of Good Repair Pass-Through Agreement between the Golden Gate Bridge, Highway and Transportation District and Marin County Transit District, for the management of the State of Good Repair Discretionary Fund Program grant.

Adopted

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

Receive the Independent Auditor’s Reports for the Year Ending June 30, 2010, as Submitted by Vavrinek, Trine, Day & Co., LLP

Directors PAHRE/EDDIE
Resolution No. 2010-097 receives the Independent Auditors’ Reports for the year ending June 30, 2010, as submitted by Vavrinek, Trine, Day & Co., LLP, for the following:

The Independent Auditors’ Communication Letter regarding matters related to the audit.

Adopted

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

Approve Conflict of Interest Code, As Amended

Directors PAHRE/McGLASHAN
Resolution No. 2010-098 approves adoption of the 2010 Conflict of Interest Code (Code); and directs the Secretary of the District to submit the Code to the Fair Political Practices Commission for its approval.

Adopted

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

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 the matter listed under Closed Session on the Agenda and outlined above in Item No. 5.

After the 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 matter listed above. No action was taken during the Closed Session.

Action by the Board

Directors REILLY/SANDERS
Resolution No. 2010-099 approves the appointment of Ewa Z. Bauer as the District Engineer of the Golden Gate Bridge, Highway and Transportation District, effective November 19, 2010, subject to finalization of a mutually acceptable compensation package.

Adopted

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