11-2011 GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT MEMORANDUM OF MINUTES BOARD OF DIRECTORS MEETING JUNE 10, 2011
ROLL CALL
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT
CONSENT CALENDAR
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| 1. | Approve the Minutes of the Following Meetings | |
| a. | Building and Operating Committee/Committee of the Whole of May 26, 2011; | |
| b. | Finance-Auditing Committee/Committee of the Whole of April 21, 2011 and Finance-Auditing Committee May 26, 2011; and, | |
| c. | Board of Directors of May 27, 2011. Carried |
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| 2. | Denial of Claims | |
| a. | Subrogation Claim of State Farm Mutual Automobile Insurance Company (Insured: Kevin Thompson) Carried |
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| 3. | Ratify Actions by the Auditor-Controller Resolution No. 2011-049 (Finance-Auditing Committee/Committee of the Whole, May 26, 2011) ratifies actions taken by the Auditor-Controller, as follows: |
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| a. | The Board of Directors has no commitments and/or expenditures to ratify for the period April 1, 2011, through April 30, 2011; |
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| b. | Ratifies investments made by the Auditor-Controller during the period April 12, 2011, through May 16, 2011, as follows: |
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| Security | Purchase Date |
Maturity Date |
Original Cost |
Percent Yield |
| Bank of America Corp., Commercial Paper |
04/18/11 |
05/18/11 |
1,934,725.87 |
0.17 |
| Wal Mart Stores, Inc., Corp. Notes | 04/18/11 |
04/15/14 |
3,216,292.50 |
1.72 |
| Nordea North America Inc., Commercial Paper |
05/03/11 |
07/29/11 |
3,998,066.67 |
0.20 |
| c. | Authorizes the Auditor-Controller to re-invest, within the established policy of the Board of Directors, investments maturing between May 17, 2011, and June 13, 2011, as well as the investment of all other funds not required to cover expenditures that may become available; and, |
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| d. | Accepts the Investment Report for April 2011, as prepared by PFM. Adopted |
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| GENERAL MANAGER’S REPORT | ||||
| 4. | Mr. Mulligan stated that the items contained in his written report are informational. |
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| 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 items listed on the Agenda as Items No. 6.B.1.a., 6.B.1.b., 6.B.1.c. and 6.B.2., as follows: | |||
| "6.1 | Closed Session | |||
| a. | Conference with Legal Counsel – Pending Litigation Pursuant to Government Code Section 54956.9(a) |
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| 1. | Report of Athens Administrators, Inc. Ernest L. Johnson vs. Golden Gate Bridge, Highway and Transportation District |
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| b. | Conference with Labor Negotiator Pursuant to Government Code Section 54957.6 Designated Negotiator: Jerrold Schaefer, Esq. 2011 Union Coalition |
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| c. | Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 14 Burdell Court, Novato, California Agency Negotiator: David J. Miller, Attorney Negotiating Party: Celia Kupersmith Under Negotiation: Loan repayment; |
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| 6.b.2 | Authorize Establishment of New Loan Repayment Date” | |||
| ENGINEER’S REPORT | ||||
| 6. | District Engineer Ewa Bauer reported that all items contained in the written Engineer’s Report are informational. |
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| 7. | Monthly Update on California Department of Transportation Project – Doyle Drive Reconstruction Ms. Bauer stated that no new information has become available regarding the California Department of Transportation’s Doyle Drive Reconstruction project. |
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| OTHER REPORTS | ||||
| 8. | There were no other reports. | |||
REPORT OF THE TRANSPORTATION COMMITTEE/COMMITTEE OF THE WHOLE OF JUNE 9, 2011 |
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| 9. | Approve Actions Relative to the Execution of the FY 11/12 Inter-County Paratransit Services Agreement with the Marin County Transit District Directors COCHRAN/ARNOLD |
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| a. | Authorizes execution of the FY 11/12 Paratransit Agreement with the MCTD, at an estimated cost of $1,176,708.00, for a one-year period, effective July 1, 2011, to provide complementary inter-county paratransit services, in compliance with the requirements of the Americans with Disabilities Act; and, |
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| b. | Recognizes that a separate agreement with the MCTD will be developed at a later date to address financial responsibility and ownership of paratransit vehicles for this service; |
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with the understanding that requisite funds are available in the FY 11/12 Bus Transit Division Operating Budget. Adopted AYES (14): Directors Arnold, Boro, Campos, Cochran, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder, Sobel and Theriault; Second Vice President Grosboll; President Reilly ABSENT (5): Directors Brown, Chu, Elsbernd and Stroeh; First Vice President Eddie |
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| 10. | Approve Actions Relative to the Execution of a Professional Services Agreement with GIRO, Inc., Regarding Sole Source Agreement No. 2011-BT-4, Maintenance and Support Services for the HASTUS Software Program for Golden Gate Transit Fixed Route Scheduling System |
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| a. | Discussion by the Directors Discussion ensued, including the following inquiry:
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| b. | Action by the Board Directors COCHRAN/BORO Resolution No. 2011-051 approves actions relative to the execution of a Professional Services Agreement regarding to Sole Source Agreement No. 2011-BT-4, Maintenance and Support Services for the HASTUS Software Program for Golden Gate Transit Fixed Route Scheduling System, as follows: |
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| a. | Authorizes execution of a Professional Services Agreement with GIRO, Inc., Montreal, Quebec, Canada, in the amount of $288,925.00, for a three-year term, effective July 1, 2011; |
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| b. | Establishes a Contingency Fund in the amount of $30,000.00, to cover unanticipated service requests; and, |
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| c. | Authorizes the General Manager to approve amendments as needed up to the available contingency; |
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with the understanding that requisite funds are available in the FY 11/12 Bus Transit Division Operating Budget, and that future years will be budgeted accordingly. Adopted |
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| AYES (14): Directors Arnold, Boro, Campos, Cochran, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder, Sobel and Theriault; Second Vice President Grosboll; President Reilly NOES (0): None ABSENT (5): Directors Brown, Chu, Elsbernd and Stroeh; First Vice President Eddie |
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REPORT OF THE FINANCE-AUDITING COMMITTEE OF MAY 26, 2011 |
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| 11. | Approve Adoption of the FY 11/12 Operating and Capital Budgets |
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| a. | Discussion by the Directors Discussion ensued, including the following comment:
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| b. | Action by the Board Directors PAHRE/COCHRAN |
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| 1. | District Goals, Projects and Accomplishments; |
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| 2. | Changes to the Reserve Structure; | |||
| 3. | Changes to the Table of Organization; and, | |||
| 4. | A 1.0% negotiated salary increase for Amalgamated Transit Union employees effective March 1, 2012. Adopted |
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| AYES (14): Directors Arnold, Boro, Campos, Cochran, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder, Sobel and Theriault; Second Vice President Grosboll; President Reilly NOES (0): None ABSENT (5): Directors Brown, Chu, Elsbernd and Stroeh; First Vice President Eddie |
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REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE OF JUNE 9, 2011 |
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| 12. |
Authorize Actions Relative to the Application and Award of FY 2010-11 California Transit Security Grant Program Funds Directors PAHRE/BORO Resolution No. 2011-053 authorizes Denis J. Mulligan, General Manager or Joseph M. Wire, Auditor-Controller or Gayle Prior, Director of Capital and Grant Programs, to execute for and on behalf of the District, any actions necessary, including executing and submitting related certifications and assurances, grant applications and agreements, relative to the FY 10/11 California Transit Security Grant Program administered by the California Emergency Management Agency. Adopted AYES (14): Directors Arnold, Boro, Campos, Cochran, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder, Sobel and Theriault; Second Vice President Grosboll; President Reilly |
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| 13. | Authorize Execution of a Professional Services Agreement with York Risk Services Group, Inc., Relative to Request for Proposals No. 2011-D-2, Third Party Administrator for Workers’ Compensation Program Claims Administration and Ancillary Services Directors PAHRE/SOBEL |
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| a. | Authorizes execution of a Professional Services Agreement with York Risk Services Group, Inc. (York), Orange, CA, relative to RFP No. 2011-D-2, for Workers' Compensation claims administration and ancillary support services of Medical Case Management, Utilization Review and Medical Provider Network, in an amount not to exceed $943,000.00, plus a Take-Over Fee to cover the transition from the incumbent administrator, Athens Administrators, Inc., in the amount of $5,000.00, for a three-year base term, effective July 1, 2011; |
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| b. | Authorizes execution of two one-year options to be exercised at the discretion of the General Manager, in an amount not to exceed $323,935.00 for Year Four and $333,653.00 for Year Five, for a total amount not to exceed $1,605,588.00; and, |
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| c. | Approves the ancillary support services with York, in an amount not to exceed $390,000.00, for Bill Review, for a three-year base term, effective July 1, 2011, with two one-year options to be exercised at the General Manager’s discretion in amounts that will be negotiated; |
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with the understanding that requisite funds are available in the FY 11/12 District Division Operating Budget, and that future years will be budgeted accordingly. Adopted AYES (14): Directors Arnold, Boro, Campos, Cochran, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder, Sobel and Theriault; Second Vice President Grosboll; President Reilly |
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| 14. | Authorize Execution of an Extension to the Commercial Paper Line of Credit Agreement with JPMorgan Chase Bank Directors PAHRE/COCHRAN Resolution No. 2011-055 authorizes execution of a 364-day extension of the Line of Credit Agreement with JPMorgan Chase Bank, N.A., for the Commercial Paper Program, at the cost of 0.67%, or an approximate annual fee of $511,000.00, for the period of July 2, 2011 to June 29, 2012. Adopted AYES (14): Directors Arnold, Boro, Campos, Cochran, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder, Sobel and Theriault; Second Vice President Grosboll; President Reilly |
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| 15. | Approve Actions Relative to the Renewal of the Health and Benefit Insurance Plans Directors PAHRE/COCHRAN |
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| a. | Medical Stop-Loss Coverage, with Blue Shield of CA, at a cost of $510,000.00, for a one-year term, effective July 1, 2011; |
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b. |
Kaiser Foundation Health Plan, at a cost of $6,785,000.00, for a one-year term, effective July 1, 2011; |
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| c. | Blue Shield of California PPO Plan, on a self-funded basis, at an estimated cost of $10,370,000.00; and, delegation of the claims fiduciary function for the self-funded medical PPO program to Blue Shield of California, at a cost of $11,000.00, for a one-year term, effective July 1, 2011; |
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| d. | Blue Shield of California HMO Plan, at an estimated cost of $2,330,000.00, for a one-year term, effective July 1, 2011; |
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| e. | CVS Caremark Prescription Drug Plan, currently under a three-year rate guarantee and not scheduled to renew until July 1, 2013, at an estimated cost of $4,944,000.00, for FY 11-12; |
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| f. | OptumHealth Behavioral Solutions, at a cost of $33,000.00, for a one-year term, effective July 1, 2011; |
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| g. | Vision Service Plan of California, on a self-funded basis, at a cost of $256,000.00, for a one-year term, effective July 1, 2011, with the understanding that the administration fees are guaranteed for a three-year term from July 1, 2011 through June 30, 2014; |
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| h. | Delta Dental Plan of California, on a self-funded basis, at a cost of $2,698,000.00, for a one-year term, effective July 1, 2011, with the understanding that the included administration fees are guaranteed for a two-year term from July 1, 2011 through June 30, 2013; and, |
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| i. | Group Life, Accidental Death & Dismemberment and Dependent Life Plan, with Minnesota Life, currently under a three-year rate guarantee and not scheduled to renew until July 1, 2013, at an estimated cost of $98,000.00, for FY 11/12; |
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with the understanding that requisite funds are included in the FY 10/11 Bridge, Bus Transit, Ferry Transit and District Divisions’ Operating Budgets. Adopted AYES (14): Directors Arnold, Boro, Campos, Cochran, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder, Sobel and Theriault; Second Vice President Grosboll; President Reilly |
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| ADDRESSES TO THE BOARD | ||||
| 16. | There were no “Addresses to the Board.” | |||
| CLOSED SESSION | ||||
| 17. | 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. |
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| a. | Report by the Attorney 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, with regard to Item No. 5.a.1., Ernest L. Johnson vs. Golden Gate Bridge, Highway and Transportation District, the Finance-Auditing Committee of May 26, 2011, recommended that this matter be forwarded to the Board for approval of a settlement and direction has been given by the Board to effect a settlement of the matter. He further stated that, with regard to Item No. 5.a.2., Conference with Labor Negotiator, a thorough report was heard by the Board regarding pending labor negotiations with the Union Coalition and with individual unions that are members of the Coalition at side table. He stated that a full report was presented to the Board with regard to the most recent proposal received by the District from the Union Coalition, and that instructions have been given to the Labor Negotiator by the Board with regard to the District’s position with respect to those proposals. Finally, he stated that, with regard to Item 5.a.3., Conference with Real Property Negotiators regarding the loan repayment to the District by the former General Manager Celia Kupersmith for the property located at 14 Burdell Court, Novato, CA, a report was heard by the Board from the Advisory Committee for Review of Officers of the District and it was the consensus of the Board to bring forward the recommendation as stated below for the Board’s consideration. |
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| b. | Action by the Board Authorize Establishment of New Loan Repayment Date Directors BORO/COCHRAN AYES (14): Directors Arnold, Boro, Campos, Cochran, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder, Sobel and Theriault; Second Vice President Grosboll; President Reilly Adopted |
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| SPECIAL ORDER OF BUSINESS | ||||
| 18. | Status Report on the District’s Leased Property in San Francisco Bounded by 3rd, 4th, Perry and Stillman Streets |
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| a. | PowerPoint Presentation by the Planning Director At the meeting, Planning Director Ron Downing made a PowerPoint presentation (PowerPoint) regarding the District’s planned mid-day bus storage lot in San Francisco, bounded by 3rd, 4th, Perry and Stillman Streets. The PowerPoint provided background information, showing that Golden Gate Transit (GGT) serves over 7 million passengers annually on more than 900 basic, commute and Marin local service runs. As a result, approximately 7,000 cars per day do not use San Francisco streets, lanes on Highway 101 through Marin County are less crowded and Golden Gate Bridge traffic is reduced. The PowerPoint stated that the District currently stores buses at three facilities in the North Bay, and at one mid-day bus storage facility in San Francisco. The current mid-day bus storage location, operated by Gray line, will no longer be available for GGT bus storage. The PowerPoint displayed an aerial photograph of the proposed new mid-day bus storage lot at 3rd, 4th, Perry and Stillman Streets in San Francisco. It also provided information regarding the historic use of the site, stating that the area has long been used for parking vehicles. In addition, the PowerPoint discussed the Transbay Joint Powers Authority’s (TJPA) project to build a new Transbay Transit Terminal, including the District’s use of this lot for bus storage. TJPA prepared a Final Environmental Impact Report (Final EIR/EIS) for the project that included mitigation measures for the bus storage usage of this lot including prohibiting buses on Stillman Street and construction of noise walls. Several changes have taken place since the Final EIR/EIS was certified, including a 50% reduction in the number of buses planned to be stored. The PowerPoint showed photographs of test runs using GGT buses passing between supports, entering Perry from 4th Street, entering the mid-day bus storage lot from Perry and 4th Streets, and exiting Perry Street onto 3rd Street. The PowerPoint listed neighborhood concerns that remain, as follows: 1) air quality; 2) noise; and, 3) traffic. In response to concerns about air quality, the PowerPoint displayed a bar graph showing Fleet Average Emissions Requirements year by year since 2002, compared to GGT fleet average emissions for the same period. In addition, the District’s Clean Diesel Bus Program was recalled in the PowerPoint, with photographs of former Mayor Gavin Newsom testing emissions using a white handkerchief. The PowerPoint showed photographs of how the District plans to pave the lot for interim general parking until GGT moves onto the site, similar to the Alameda-Contra Costa Transit Lot at 2nd, 3rd, Stillman and Perry Streets. The Board approved Contract No. 2011-BT-1, San Francisco Bus Facility Construction (Contract No. 2011-BT-1) on March 25, 2011, and the Notice to Proceed was issued on April 21, 2011. The Contract No. 2011-BT-1 will not preclude the construction of the required noise walls. The PowerPoint listed communications between the District and interested parties, with six meetings having taken place between November 2008 and May 2011. In April 2009, a dedicated phone line was installed (415-923-2201) and in May 2009, a dedicated email address was established (busparking@goldengate.org) for use by interested parties. The District has committed to coordinating noise wall design with neighbors. In addition, cooperative actions by the City of San Francisco will be required, including restriction of street parking on Perry Street and a change in the one-way direction of traffic flow; modification of the sidewalk at 4th and Perry Streets; and, installation of a traffic signal at 3rd and Perry Streets. Finally, the District has committed not to use Stillman Street for bus access. |
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| b. | Comments by the Staff At the meeting, Mr. Downing stated that, because of the peak nature of commute bus service, buses arrive in San Francisco during the morning hours and remain there until the afternoon commute begins. Having a mid-day bus storage facility in San Francisco allows the District to bring buses on line during the afternoon peak period in a timely manner and is key to successful GGT service. He stated that current storage locations are slated for sale and/or development, making them unavailable for use by GGT. He stated that the location at 3rd, 4th, Perry and Stillman Streets has historically been used for automobile parking. It has been rehabilitated for seismic purposes and Stillman Street was improved as a result of that construction. He stated that the District’s intent in 2001, when the process of locating and approving a new mid-day storage facility was begun, was to store approximately 140 GGT buses and allow other carriers to store buses, as well. However, current plans are for storage of only 70 GGT buses. Regarding construction of noise walls, he stated that the original engineering drawings located the walls in an area that now is the center of Stillman Street. The location will be changed in response to community concerns. In addition, since the Environmental Impact Report was certified, the San Francisco Municipal Transportation Agency has received approval to build a light rail subway from Chinatown to south of market area of San Francisco. The tracks will rise to the surface at 4th Street in the vicinity of the proposed mid-day bus storage lot. The location of the tracks will constrain ability to turn buses into Stillman Street and will make entering onto Perry Street difficult. He stated that the next step will be the construction of the interim paving project. A final lease with the California Department of Transportation (Caltrans), owner of the lot, was negotiated in 2010 and contemplates interim use as a surface parking facility. He added that the paving will not preclude the construction of noise walls. A consultant is planned to be hired to assist the District in reconciling noise wall issues and in finalizing the configuration of the noise walls. He concluded by stating that a mid-day bus storage lot is critical to GGT operations. |
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| c. | Remarks by the General Manager Mr. Mulligan stated that District staff has addressed the neighbors’ concerns. He added that the staffs in the Mayor’s Office of San Francisco and in the City’s Department of Public Works was very helpful. Property Development and Management Specialist Norma Jellison negotiated the favorable terms included in the long-term lease with Caltrans. |
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| d. | Discussion by the Board Discussion ensued, including the following comment and inquiry:
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| UNFINISHED BUSINESS | ||||
| 19. | There was no “Unfinished Business” to discuss. | |||
| NEW BUSINESS | ||||
| 20. | There was no “New Business” to discuss. | |||
| COMMUNICATIONS | ||||
| 21. | A copy of Board Agenda Item No. 13, “Communications,” is available from the Office of the District Secretary and on the District’s web site. |
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| ADJOURNMENT | ||||
| 22. | All business having been concluded, the meeting was adjourned at 11:10 a.m., in memory of Lieutenant Vincent A. Perez, San Francisco Fire Department; Anthony M. Valerio, San Francisco Fire Department; and, James Louis Di Dio. |
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Respectfully submitted,
s/ Janet S. Tarantino
Secretary of the District


