08-2011

GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

MEMORANDUM OF MINUTES

BOARD OF DIRECTORS MEETING

APRIL 22, 2011

 

 

The Board of Directors (Board) 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, April 22, 2011, at 10:00 a.m., President Reilly presiding.

ROLL CALL

Directors Present (15): Directors Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly

Directors Absent (3): Directors Brown, Sobel and Stroeh

[Note: On this date, there was one vacancy on the Board of Directors.]

Staff Present: General Manager Denis Mulligan; Auditor-Controller Joseph Wire; District Engineer Ewa Bauer; District Secretary Janet Tarantino; Attorney David Miller; Attorney Madeline Chun; Deputy General Manager/Bridge Division Kary Witt; Deputy General Manager/Ferry Transit Division Jim Swindler; Human Resources Director Harvey Pye; Director of Maintenance/Bus Transit Division Steve Miller; Public Affairs Director Mary Currie; Assistant Clerk of the Board Lona Franklin

Visitors Present: Joan Wyman, Customer Relations Assistant; Helen Moore, Customer Relations Supervisor

PLEDGE OF ALLEGIANCE

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

PUBLIC COMMENT

There was no public comment on items not on the Agenda.

CONSENT CALENDAR

 

     
 

Directors SOBEL/COCHRAN moved and seconded to approve the Consent Calendar, as amended. All items were approved by the following vote of the Board of Directors:

AYES (15): Directors Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (0): None
ABSENT (3): Directors Brown, Sobel and Stroeh

     
1. Approve the Minutes of the Following Meetings
     
  a. Finance-Auditing Committee/Committee of the Whole of March 10, 2011 and April 7, 2011;
  b.

Rules, Policy and Industrial Relations Committee/Committee of the Whole of April 8, 201l; and,

  c.

Regular Meeting of the Board of Directors of April 8, 2011

Carried

     
2. Denial of Claims
     
  a.

Claim of Michael Ireland

Carried

  b.

Claim of Gregory Garver

Carried

  c.

Claim of Tomera Ten

Carried

  d.

Subrogation Claim of State Farm Mutual Automobile Insurance Company (Insured: Silvio J. and Piera Foppoli)

Carried

  e.

Claim of Ilene Serlin

Carried

  f.

Subrogation Claim of Mercury Insurance Company (Insured: Jessica Sanchez)

Carried

     
GENERAL MANAGER’S REPORT
     
3.

Presentation of Twenty-Five Year Service Award to Barbara J. Vincent, Principal Planner, District Division

President Reilly presented a twenty-five year service award to Barbara J. Vincent, Principal Planner, District Division, and expressed her congratulations on behalf of the Board of Directors.


     
4.

Presentation of Employee of the Month Award to Patricia Noel, Operations Supervisor, Ferry Transit Division

President Reilly presented the Employee of the Month Award to Patricia Noel, Operations Supervisor, Ferry Transit Division, and expressed her congratulations on behalf of the Board of Directors.

     
ATTORNEY’S REPORT
     
5.

Attorney David Miller reported that all items contained in the Attorney’s Report are informational. Attorney Miller also reported that a Closed Session will be held just prior to the conclusion of this meeting, to discuss the following items, listed on the Agenda as Items No. 6.B.1. and 6.B.2.:

     
  "1. Conference with Labor Negotiator
Pursuant to Government Code Section 54957.6
Designated Negotiator: Jerrold Schaefer, Esq.
2011 Union Coalition and Inlandboatmen’s Union of the Pacific Employment Claims.”
     
  “2.

Conference with Legal Counsel – Pending Litigation
Pursuant to Government Code Section 54956.9(a)
Report of Athens Administrators, Inc.

    a. Alberto Alvarado vs. Golden Gate Bridge, Highway and Transportation District”
 
ENGINEER’S REPORT
     
6.

General Monthly Report

District Engineer Ewa Bauer reported that all items contained in the written Engineer’s Report are informational. She also reported that the Seismic Retrofit Project has been moving forward. She stated that, during the second week of May, the District will start replacing a portion of the west sidewalk over the North Anchorage Housing. Bicycles will use the east sidewalk while the west sidewalk is being replaced.

     
REPORT OF THE BUILDING AND OPERATING COMMITTEE/COMMITTEE OF THE WHOLE OF APRIL 21, 2011
     
7.

Authorize Execution of Change Orders with Ice Floe, LLC, dba Nichols Brothers Boat Builders, Relative to Contract No. 2010-FT-1, Refurbishment of the M.V. Napa and the M.V. Chinook (M.V. Golden Gate) Ferries

Directors EDDIE/COCHRAN
Resolution No. 2011-032
approves actions relative to Contract No. 2010-FT-1, Refurbishment of the M.V. Napa and the M.V. Chinook (M.V. Golden Gate) Ferries, with Ice Floe, LLC, dba Nichols Brothers Boat Builders, as follows:


  a. Authorizes execution of change orders in the cumulative amount of $359,537.43; and,
 

b.

Authorizes a budget increase in the FY 10/11 Ferry Transit Division Capital Budget, in the amount of $725,000.00, to be funded with Federal Transit Administration grant funds, to fully fund the refurbishment of the M.V. Golden Gate and the anticipated change orders for the refurbishment of the M.V. Napa;
 

as concurred with by the Finance-Auditing Committee at its meeting of April 21, 2011.

Adopted

AYES (15): Directors Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (0): None
ABSENT (3): Directors Brown, Sobel and Stroeh

     
8.

Authorize Execution of the Second Amendment to the Professional Services Agreement with Fast Ferry Management, Inc., Relative to Request for Proposals No. 2007-FT-8, Consultant to Provide Project Management and Construction Oversight for New High-Speed Ferry Vessels

Directors EDDIE/MOYLAN
Resolution No. 2011-033
authorizes execution of the Second Amendment to the Professional Services Agreement, with Fast Ferry Management, Inc., in the amount of $74,697.78, relative to Request for Proposals No. 2007-FT-8, Consultant to Provide Project Management and Construction Oversight for New High-Speed Ferry Vessels, for an increase in the scope and effort in project management services, with the understanding that requisite funds are available in the FY 10/11 Ferry Transit Division Capital Budget.

Adopted

AYES (15): Directors Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (0): None
ABSENT (3): Directors Brown, Sobel and Stroeh

     
9.

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/COCHRAN

Resolution No. 2011-034 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,, with Ice Floe, LLC, dba Nichols Brothers Boat Builders, as follows:

  a. Authorizes execution of change orders in the total amount of $318,523.61;
  b. Establishes a total Project Budget of $6,365,100.00; and,
  c. Authorizes a budget increase in the FY 10/11 Ferry Transit Division Capital Budget, in the amount of $290,100.00, to be funded with Federal Transit Administration grant funds, for waterjet hydraulic piping repair work;
 

as concurred with by the Finance-Auditing Committee at its meeting of April 21, 2011.

Adopted

AYES (15): Directors Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (0): None
ABSENT (3): Directors Brown, Sobel and Stroeh

     
REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE OF APRIL 7, 2011
     
10.

Authorize the Setting of a Public Hearing for Establishing a Toll Classification for California Public Utilities Commission Certificated Providers of Regularly Scheduled Bus Transportation Services from Marin and Sonoma Counties to the San Francisco International Airport

Directors PAHRE/COCHRAN moved and seconded to continue the above-referenced matter until the May 13, 2011 meeting of the Board of Directors.

Carried

AYES (15): Directors Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (0): None
ABSENT (3): Directors Brown, Sobel and Stroeh

     
REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE OF APRIL 21, 2011
     
11.

Approve the Adoption of the FY 2012-2016 Five-Year Transit Fare Program

Directors PAHRE/EDDIE
Ordinance No. 2011-001
approves adoption of a five-year transit fare program applied to Golden Gate Transit regional bus, complementary Americans with Disabilities Act paratransit, single ride (formerly referred to as “cash”) fares on Golden Gate Ferry, and special event fares on Golden Gate Ferry, effective July 1, 2011, through June 30, 2016, as set forth in Attachment A; and, retains the 25% farebox recovery goal for Golden Gate Transit bus services with the understanding that this goal may not be attained.

Adopted

AYES (15): Directors Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (0): None
ABSENT (3): Directors Brown, Sobel and Stroeh


     
12.

Approve Actions Relative to Contract No. 2009-BT-1, Forty-Five Foot Diesel Inter-City Configuration Coaches, with Motor Coach Industries, Inc.

Directors PAHRE/RENÉE
Resolution No. 2011-035
approves actions relative to the award of Contract No. 2009-BT-1, Forty-Five Foot Diesel Inter-City Configuration Coaches, as follows:

  a.
Authorizes the execution of an option to purchase 32 additional coaches, including new California Air Resources Board (CARB) compliant engines, from Motor Coach Industries, Schaumburg, IL (MCI), in the amount of $18,272,695.00, subject to completion of a Federal Transit Administration (FTA)-required Buy America Rule pre-award audit;
  b.
Establishes a contingency fund in the amount of $913,605.00, equal to approximately 5% of the option price;
  c.
Authorizes the sole-source purchase of 10 fareboxes for the MCI coaches from GFI Genfare, a unit of SPX Corporation, Elk Grove Village, IL, in the amount of $142,153.00;
 

d.

Authorizes a budget increase in the FY 10/11 Bus Transit Division Capital Budget in the amount of $226,300.00 to be funded with Federal Transit Administration (FTA) grant funds ; and,
  e.

Establishes a total project budget of $19,186,300.00, to be 100% grant funded ($5,847,392.00 FTA funds and $13,338,908.00 State I-Bond grant funds).

Adopted

     
 
AYES (15): Directors Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (0): None
ABSENT (3): Directors Brown, Sobel and Stroeh
     
13.

Receive the Independent Auditor’s Engagement Letter for the Annual Financial Audit for the Year Ending June 30, 2011, as Submitted by Vavrinek, Trine, Day & Co., LLP

Directors PAHRE/BORO
Resolution No. 2011-036
receives the Independent Auditor’s Engagement Letter for the Annual Financial Audit for the Year Ending June 30 2011, as submitted by Vavrinek, Trine, Day & Co., LLP.

Adopted

AYES (15): Directors Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (0): None
ABSENT (3): Directors Brown, Sobel and Stroeh

     
REPORT OF THE RULES, POLICY AND INDUSTRIAL RELATIONS COMMITTEE/COMMITTEE OF THE WHOLE OF APRIL 8, 2011
     
14. Approve Actions Relative to the Reorganization of the Customer Service Center
     
  a.

Public Comment

Cleveland Prince, Customer Service Unit, Teamsters Local 856, spoke in opposition to reorganization of staff within the Customer Service Center (CSC), reading from his prepared statement. He stated that the District had modified its position, but there are still outstanding issues to be addressed. He stated that Teamsters Local 856’s (Union) position is that cost savings would not result from the proposed changes. He stated there is no need to cut positions of any Union members. He stated that the Union and the District differ in interpretation of reclassification. He stated that reorganization of the CSC does not render the Memorandum of Understanding (MOU) between the Union and the District inapplicable to Union members. He concluded by urging the Board to vote “no” on the reorganization and to retain all employees.

Joan Wyman, Customer Relations Assistant, stated that she would yield her public comment time to Helen Moore.

Helen Moore, Customer Relations Supervisor, spoke in opposition to reorganization of staff within the CSC, reading from her prepared statement. She stated that the General Manager’s proposal to provide her a salary on parity with a Bus Road Supervisor reflects the District’s willingness to make necessary changes to the proposal to reorganize the CSC. She indicated her belief that calls to the CSC will increase and that remaining staff would likely have to provide more and better service, to make up for the employees who will no longer work in the CSC. She indicated that she has accepted that adjustments must be made in her position and compensation. She concluded by stating that she stands in solidarity with her co-workers, and that the protocol spelled out by the MOU and the Human Resources Guide should be followed.

     
  b.

Remarks by General Manager

Mr. Mulligan stated that the District had received a letter from Teamsters Local 856 (Union), which contained cost savings calculations different from those of staff. He stated the Union’s calculations were flawed, because they did not take into account the number of positions assigned to the Department. That error led to their cost savings figures being too low. In addition, the Union’s calculations did not include benefits. He stated that the District would have a nearly $3 million cost savings if the Board approves the recommendation. He added that the District would not reclassify employees but, instead, would create new positions.

Mr. Mulligan stated that, based on the discussion that transpired during the Rules, Policy and Industrial Relations Committee and Board of Directors meetings on April 8, 2011, the staff recommendations have been modified in certain respects. First, with regard to the CSC Supervisory position, Mr. Mulligan advised that since this position most likely will be filled by a Bus Supervisor when the position becomes vacant, staff recommends that the CSC Supervisor salary be established at the same salary level paid to Bus Supervisors. Second, with regard to the selection of employees in the new, upgraded positions in the CSC unit, staff recommends that employees currently working in the CSC will be given first consideration via the interview process for placement into the newly created positions. If they meet the minimum qualifications they will be offered the position. If not, the next order of priority to consideration will be for current District employees in other units whose positions have been identified for elimination.

     
  c.

Discussion by the Board

Discussion ensued, including the following comments and inquiries:

  • Director Theriault commented that he was not in favor of the staff recommendation presented to the April 8 meeting of the Rules, Policy and Industrial Relations Committee . He stated his appreciation of staff by modifying the recommendation to make changes to the recruitment for the Customer Relations Assistant and the salary of the Customer Services Supervisor. He stated that, through the meet and confer process, the Union has the ability to advance its position that weight should be accorded to length of service with the District in filling the positions. He stated that, during meet and confer, the Union’s position was that weight should be given to length of service with the District when hiring is done. He stated his appreciation that the Customer Service Supervisor’s salary had been modified. He concluded that he is now in favor or the reorganization, with the changes that have been made.
  • Second Vice President Grosboll commented that he was thankful for the changes that were made to the original staff recommendation.
  • Director Rabbitt commented that he was in agreement with Second Vice President Grosboll. He added that the Board struggles to save money and move forward while being compassionate, and thanked Ms. Moore for her suggestions.
  • Director Cochran inquired as to the amount of the adjusted salary for the Customer Service Supervisor. In response, Mr. Mulligan stated that the adjusted salary will be approximately $8,800.00 lower per year than the current salary. He stated the original proposal would have reduced that salary by approximately $13,000.00, and that the top step has an annual salary of $87,090.00.
     
  d.

Action by the Board

Directors CHU/BORO
Resolution No. 2011-037
approves actions relative to the Customer Service Center, as follows:

    a.
Authorizes staff to proceed with the Customer Service Center relocation and restructure project currently referred to in the FY 10/11 District Capital Budget (previously titled “Interactive Voice Recognition”) as a Reorganization project for an estimated budget of $250,000.00 to be funded from District reserves;
   

b.

Authorizes Customer Service Center reorganization and staffing changes, including:
      1. Elimination of the current department manager level Customer Relations Supervisor position;
      2. Elimination of nine Customer Service Representative positions;
      3. Addition of a new supervisory level Customer Relations Supervisor position;
      4. Creation of four additional full-time Customer Relations Assistant positions; and,
      5. Creation of one part-time Customer Relations Assistant position.
    c.
Authorizes initiation of formal meet-and-confer discussions with Teamsters Local 856 which represents potentially affected employees, regarding the effects of the Board’s decision to implement an automated call processing system;
    d.
Authorizes an Enhanced Severance Package to the non-represented position potentially affected; and,
    e.

Amends the Table of Organization accordingly.

Adopted

         
  AYES (15): Directors Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (0): None
ABSENT (3): Directors Brown, Sobel and Stroeh
         
15.

Closed Session

Attorney David Miller, at the request of President Reilly, 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. 5.

After Closed Session, President Reilly 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. 5. He stated that a report was heard from the labor negotiator, regarding currently pending negotiations with the Union Coalition, and the Inlandboatmen’s Union with regard to ferry ticket agents. He added that, in the case of Alberto Alvarado vs. Golden Gate Bridge, Highway and Transportation District, the Board has authorized the recommendation of staff.

     
SPECIAL ORDER OF BUSINESS
     
16.

Authorize a Resolution of Appreciation to Bridge Engineer Frank L. Stahl in Recognition of his Professional Engineering Services Relative to Major Golden Gate Bridge Construction Projects

Directors BORO/GROSBOLL
Resolution No. 2011-038
authorizes a Resolution of Appreciation to Bridge Engineer Frank L. Stahl of Ammann & Whitney in recognition of his professional engineering services relative to many major Golden Gate Bridge Construction Projects.

Adopted

AYES (15): Directors Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (0): None
ABSENT (3): Directors Brown, Sobel and Stroeh

     
17.

Announcements

President Reilly announced that a Charles McGlashan Memorial Bike Ride would take place at 4:00 p.m. today, Earth Day, departing from the Marin Civic Center and sponsored by the Marin County Bicycle Coalition.

She reported that late Director Charles McGlashan’s widow would attend the District’s Board meeting on Friday, May 13, 2011 to receive a Special Resolution honoring his service to the District. She indicated a reception would be held just prior to the meeting and encouraged attendance.

She reported that Judy Arnold, Marin County Supervisor representing District 5, was appointed to the District Board of Directors and would take the oath of office at the Board meeting of May 13, 2011. She stated the reception would welcome her as well as honoring the late Director McGlashan.

     
ADJOURNMENT
     
18.
All business having been concluded, the meeting was adjourned at 10:55 a.m., in memory of Thomas White, Joe West, Frank Stahl and James McClung.
     

 

 

Respectfully submitted,

s/ Janet S. Tarantino
Secretary of the District

 

Attachment A:   Proposed Five-Year Fare Program – Fare Tables