12-2011

GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

MEMORANDUM OF MINUTES

BOARD OF DIRECTORS MEETING

JUNE 24, 2011

 

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, June 24, 2011, at 10:10 a.m., Acting President and Second Vice President Grosboll presiding.

ROLL CALL

Directors Present (12): Directors Arnold, Boro, Cochran, Elsbernd, Mar, Moylan, Rabbitt, Renée, Snyder, Sobel and Stroeh; Acting President and Second Vice President Grosboll

Directors Absent (7): Directors Brown, Campos, Chu, Pahre and Theriault; First Vice President Eddie; President Reilly

Staff Present: General Manager Denis Mulligan; Auditor-Controller Joseph Wire; District Engineer Ewa Bauer; Secretary of the District Janet Tarantino; Attorney David Miller; Deputy General Manager/Bridge Division Kary Witt; Deputy General Manager/Bus Transit Division Teri Mantony; Executive Assistant to the General Manager Amorette Ko; Assistant Clerk of the Board Lona Franklin

Visitors Present: None

PLEDGE OF ALLEGIANC

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

AYES (12): Directors Arnold, Boro, Cochran, Elsbernd, Mar, Moylan, Rabbitt, Renée, Snyder, Sobel and Stroeh; Acting President and Second Vice President Grosboll
NOES (0): None
ABSENT (7): Directors Brown, Campos, Chu, Pahre and Theriault; First Vice President Eddie; President Reilly

     
1. Approve the Minutes of the Following Meetings
  a. Transportation Committee/Committee of the Whole of June 9, 2011;
  b. Finance-Auditing Committee/Committee of the Whole of June 9, 2011; and,
  c.

Regular Meeting of the Board of Directors of June 10, 2011.

Carried

     
2. Denial of Claims
     
  a.

Claim of John Vieira

Carried

  b.

Claim of Marivi S. Fornos

Carried

     
GENERAL MANAGER’S REPORT
     
3.

Award Presentations

Presentation of Employee of the Month Award to Larry Graham, Bus Operator, Bus Transit Division

Acting President and Second Vice President Grosboll presented the Employee of the Month Award to Larry Graham, Bus Operator, Bus Transit Division, and expressed his congratulations on behalf of the Board of Directors.

Presentation of Fifteen Year Service Award to John J. Moylan, Director, Board of Directors

Acting President and Second Vice President Grosboll presented a fifteen-year service award to John J. Moylan, Director, Board of Directors, and expressed his congratulations on behalf of the Board of Directors.

     
4.

Remarks by the General Manager

Mr. Mulligan reported that the kick-off of the Golden Gate Bridge (Bridge) 75th Anniversary Celebration (Anniversary) will take place at the Marin County Fair on Thursday, June 30, 2011. He displayed Anniversary commemorative T-shirts designed by the National Park Conservancy, stating that District volunteers will wear these T-shirts while working at the Golden Gate Exhibit (Exhibit). He added that the Exhibit is excellent, including the artifacts on display. He acknowledged the work of the staff involved in the design and set-up of the Exhibit, thanking them for their hard work and dedication.

Mr. Mulligan stated that the remaining items addressed in his written report are informational.

     
5.
Revocation of Recognition of the International Brotherhood of Painters and Allied Trades, District Council No. 16, as the Representative of the District Employee Unit Comprised of Painters Based Upon the Outcome of a State Mediation and Conciliation Service Conducted by Secret Ballot Election
     
  a.

Remarks by the Attorney

Attorney Miller briefly described the circumstances leading to the need for the Board’s action on this agenda item, as well as the Board’s responsibility to take ministerial action.

He reported that employees of the District who have been represented by the International Brotherhood of Painters and Allied Trades District Council No. 16 (Union), filed a petition, as they are entitled to do under law, to decertify. He stated that, under the circumstances described above, the California State Mediation and Conciliation Service provides the service of conducting a secret ballot impartial election (election). The election was held on June 14, 2011, and the results of that election were certified the same day and, by a vote of 30 to 3 with 2 not voting, the employees voted to decertify.

He stated that the Board has a ministerial duty, under the Meyers-Milius-Brown Act, to take an action, as a result of the election that has been conducted, to revoke the recognition rights of the Union, to deem the Memorandum of Understanding between the parties terminated and void, and to authorize an amendment to the Table of Organization to reflect that the Apprenticeship Program that has been in place through the Union must be suspended.

     
  b.

Action by the Board

Directors STROEH/COCHRAN
Resolution No. 2011-058
revokes recognition of the International Brotherhood of Painters and Allied Trades, District Council No. 16 (Union), effective June 24, 2011, as the representative of the employee unit comprised of painters, based upon the outcome of a secret ballot election conducted by the State Mediation and Conciliation Service and, as a consequence thereof, (1) deems the Memorandum of Understanding between the District and the Union void; (2) authorizes an amendment to the Table of Organization to reflect that the Union’s Apprenticeship Program necessarily will be suspended; and, (3) authorizes the General Manager to take such other actions as may be necessary to implement this resolution.

Adopted

     
 
AYES (12): Directors Arnold, Boro, Cochran, Elsbernd, Mar, Moylan, Rabbitt, Renée, Snyder, Sobel and Stroeh; Acting President and Second Vice President Grosboll
NOES (0): None
ABSENT (7): Directors Brown, Campos, Chu, Pahre and Theriault; First Vice President Eddie; President Reilly
     
ATTORNEY’S REPORT
     
6.

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 Item No. 6.B.1.a., as follows:

     
    "1 Closed Session
      a. Conference with Labor Negotiator
Pursuant to Government Code Section 54957.6
Designated Negotiator: Jerrold Schaefer, Esq.
2011 Union Coalition.”
     
ENGINEER’S REPORT
     
7.

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

Ms. Bauer added that work is in full swing on the west sidewalk of the Golden Gate Bridge, over the North Anchorage House, and that as a result of this project, the sidewalk is temporarily closed to the public.

Finally, she provided an update on the Doyle Drive Reconstruction Project, stating that, beginning at 8:00 p.m., on Friday, June 24, 2011, the California Department of Transportation (Caltrans) will close the exit ramp for southbound Hwy 101 going toward Park Presidio. It will reopen at 11:00 a.m., on Saturday, June 25, 2011. She concluded by stating that the District has received notification that Caltrans will close northbound Park Presidio in the same area for three consecutive nights, beginning Monday, June 27, 2011, at 11:00 a.m., and continuing until Wednesday, June 29, 2011, at 5:00 p.m.

     
OTHER REPORTS
     
8. There were no “Other Reports.”
     
REPORT OF THE BUILDING AND OPERATING COMMITTEE OF JUNE 23, 2011
     
9.

Authorize Execution of a Professional Services Agreement with HNTB Corporation Relative to Request for Proposals No. 2011-B-2, Design Services for the Golden Gate Bridge Physical Suicide Deterrent System

Directors MOYLAN/COCHRAN
Resolution No. 2011-059
approves actions relative to Request for Proposals No. 2011-B-2, Design Services for the Golden Gate Bridge Physical Suicide Deterrent System, as follows:

  a.
Authorizes the execution of a Professional Services Agreement (Agreement) with HNTB Corporation, Oakland, CA, relative to Request for Proposals No. 2011-B-2, Design Services for the Golden Gate Bridge Physical Suicide Deterrent System, in an amount not to exceed $3,990,000.00, contingent upon receiving Federal Highway Administration and California Department of Transportation approvals of the Agreement; and,
  b. Establishes a Contingency Fund in the amount of $200,000.00;
 

with the understanding that requisite funds are available in the FY 11/12 Bridge Division Capital Budget.

Adopted

AYES (12): Directors Arnold, Boro, Cochran, Elsbernd, Mar, Moylan, Rabbitt, Renée, Snyder, Sobel and Stroeh; Acting President and Second Vice President Grosboll
NOES (0): None
ABSENT (7): Directors Brown, Campos, Chu, Pahre and Theriault; First Vice President Eddie; President Reill

     
10.

Authorize Execution of a Fourth Amendment to the Professional Services Agreement with Booz Allen Hamilton, Inc., Relative to Request for Proposals No. 2007-FT-2, Consultant to Provide Technical Specifications for Golden Gate Ferry Fare Equipment

Directors MOYLAN/STROEH
Resolution No. 2011-060
authorizes the execution of a Fourth Amendment to the Professional Services Agreement with Booz Allen Hamilton, Inc., San Francisco, CA, relative to Request for Proposals No. 2007-FT-2, Consultant to Provide Technical Specifications for Golden Gate Ferry Fare Equipment, in an amount not to exceed $99,910.00, for continued support of the design, procurement and implementation of the electronic ticket vending machines; with the understanding that requisite funds are available in the FY 11/12 Ferry Transit Division Capital Budget.

Adopted

AYES (12): Directors Arnold, Boro, Cochran, Elsbernd, Mar, Moylan, Rabbitt, Renée, Snyder, Sobel and Stroeh; Acting President and Second Vice President Grosboll
NOES (0): None
ABSENT (7): Directors Brown, Campos, Chu, Pahre and Theriault; First Vice President Eddie; President Reilly

     
11.

Authorize Execution of a License Agreement with C&C Equipment Company for Communication Equipment at Big Rock Ridge

Directors MOYLAN/COCHRAN

Resolution No. 2011-061 authorizes the execution of a new License Agreement with C&C Equipment Company, Kenwood, CA, for installation of new communications equipment, site rental and utility costs at Big Rock Ridge, which site is located in central Marin County on a ridge between Lucas Valley/Marinwood and Ignacio above the U.S. Highway 101 Corridor, owned by Hill Ranch Properties and maintained by Accord Communications, at a monthly rent of $2,525.00 per month, subject to an annual cost escalator of 2.5%, and an electric use allowance fee of $700.00 per month for the first year, subject to adjustment based on actual use and Pacific Gas &Electric rates, for a five-year base term, with three five-year options, effective July 1, 2011; with the understanding that the annual cost has been included in the FY 11/12 Bus Transit and District Divisions’ Operating Budgets, and that requisite funds for the remaining fiscal years will be included in the Bridge Division and Bus Transit Division Operating Budgets accordingly.

Adopted

AYES (12): Directors Arnold, Boro, Cochran, Elsbernd, Mar, Moylan, Rabbitt, Renée, Snyder, Sobel and Stroeh; Acting President and Second Vice President Grosboll
NOES (0): None
ABSENT (7): Directors Brown, Campos, Chu, Pahre and Theriault; First Vice President Eddie; President Reilly

     
12.

Authorize Execution of Leases with Loukas Papanastasiou for Café Salute and BusBoat at the San Rafael C. Paul Bettini Transportation Center

Directors MOYLAN/BORO

Resolution No. 2011-062 authorizes the execution of leases with Loukas Papanastasiou for the use of the two buildings located at the District’s C. Paul Bettini Transportation Center in San Rafael, CA, for the operation of Café Salute and BusBoat, each at $880.00 per month, for a base term of five years, with two three-year renewals, exercisable by the District, with annual rent increases to be based on the Consumer Price Index and rent to be reappraised at fair market value at the end of the five-year base term, effective July 1, 2011.

Adopted

AYES (12): Directors Arnold, Boro, Cochran, Elsbernd, Mar, Moylan, Rabbitt, Renée, Snyder, Sobel and Stroeh; Acting President and Second Vice President Grosboll
NOES (0): None
ABSENT (7): Directors Brown, Campos, Chu, Pahre and Theriault; First Vice President Eddie; President Reilly

   
REPORT OF THE FINANCE-AUDITING COMMITTEE OF JUNE 23, 2011
   
13.

Authorize Filing an Application with the Metropolitan Transportation Commission for FY 11/12 Transportation Development Act, State Transit Assistance and Regional Measure 2 Operating Funds to Support Bus, Ferry and Paratransit Services

Directors STROEH/SOBEL
Resolution No. 2011-063
authorizes the General Manager to file an application with the Metropolitan Transportation Commission for FY 11/12 Transportation Development Act, State Transit Assistance and Regional Measure 2 funds to support bus, ferry and paratransit services in the amount of $21,752,037.00.

Adopted

AYES (12): Directors Arnold, Boro, Cochran, Elsbernd, Mar, Moylan, Rabbitt, Renée, Snyder, Sobel and Stroeh; Acting President and Second Vice President Grosboll
NOES (0): None
ABSENT (7): Directors Brown, Campos, Chu, Pahre and Theriault; First Vice President Eddie; President Reilly


     
14.

Approve Renewal of the Liability Insurance Program

Directors STROEH/MOYLAN
Resolution No. 2011-064
renews the Liability Insurance Program, including the policies stated below:

  a.
Renews the Excess General and Automobile Liability Insurance Program, including Public Officials and Employment Practices Liability with TRIEA, Starr Indemnity, AWAC, Lexington, Swiss Re, Axis Insurance and Cat Excess, with a liability limit of $110 million each occurrence/annual aggregate in excess of a self-insured retention of $2 million each occurrence, including legal defense costs within the self-insured retention, at a total annual premium of $1,071,358.00, for a one-year term, effective July 1, 2011;
  b.
Renews the Excess Workers’ Compensation and Employers’ Liability Insurance Program with Safety National, in excess of a self-insured retention of $1 million each accident, with $25 million limits, for an estimated annual premium of $294,312.00, at a one-year term, effective July 1, 2011;
  c.
Renews the Public Officials’ Liability Insurance Program with Chartis, with a liability limit of $2 million each occurrence/annual aggregate and a self-insured retention of $100,000.00 each claim, including full Employment Practices Liability Coverage, at an annual premium of $42,741.00, for a one-year term, effective July 1, 2011;
  d.
Renews the Fiduciary Liability Insurance Program, for the Other Public Employee Benefits Trust Board, with Chubb Insurance Company, with a liability of $2 million each occurrence and no deductible, at an annual premium of $4,080.00, for a one-year term, effective July 1, 2011; and,
  e.
Renews the Public Employees’ Faithful Performance Bond and Comprehensive Dishonesty, Destruction and Disappearance Bond, with Fidelity and Deposit Company of Maryland, with a liability limit of $1 million for employee dishonesty and computer fraud, subject to a $25,000.00 deductible and $5,000.00 deductible, respectively, and a liability limit of $500,000.00 for loss of money and securities at the Golden Gate Bridge Toll Plaza, subject to a $5,000.00 deductible and $15,000.00 limit at all other locations, with a deductible of $5,000.00, at an annual premium of $10,048.00, for a one-year term, effective July 1, 2011;
 

with the understanding that requisite funds are available in the FY 11/12 Bridge, Bus Transit, Ferry Transit and District Divisions’ Operating Budgets.

Adopted

AYES (12): Directors Arnold, Boro, Cochran, Elsbernd, Mar, Moylan, Rabbitt, Renée, Snyder, Sobel and Stroeh; Acting President and Second Vice President Grosboll
NOES (0): None
ABSENT (7): Directors Brown, Campos, Chu, Pahre and Theriault; First Vice President Eddie; President Reilly

       
15.

Approve Renewal of the Property Insurance Program

Directors STROEH/COCHRAN
Resolution No. 2011-065
approves renewal of the District’s Property Insurance Program, including the policies stated below:

  a.
Renews the District’s Building & Facilities Insurance Program, with $125 million of All Risk coverage, which includes earthquake and flood coverage for $20 million subject to deductibles, with Lexington, Arch and Endurance Insurance Cos., at a total annual renewal premium of $639,826.00, for a one-year term, effective July 1, 2011; with the understanding that requisite funds are available in the FY 11/12 Bridge, Bus Transit, Ferry Transit and District Divisions’ Operating Budgets; and,
  b.

Approves continued allocation of monies to the Restricted Contingency Reserve for FY 11/12 in the amount of $1,300,000.00, for a one-year term, effective July 1, 2011; with the understanding that requisite funds are available in the FY 11/12 approved budget, and that the Restricted Contingency Reserve will be funded in conjunction with the Building & Facilities Insurance Program.

Adopted

   
 
AYES (12): Directors Arnold, Boro, Cochran, Elsbernd, Mar, Moylan, Rabbitt, Renée, Snyder, Sobel and Stroeh; Acting President and Second Vice President Grosboll
NOES (0): None
ABSENT (7): Directors Brown, Campos, Chu, Pahre and Theriault; First Vice President Eddie; President Reilly
         
16.
Consideration of the Establishment of 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
       
  a.

Discussion by the Directors

Discussion ensued, including the following comments:

  • Director Cochran commented that the District’s finance reports show a loss in excess of $2 million, that bus and ferry fare increases were approved in 2010 and implemented in 2011, and that the District is in the process of laying off employees and attempting to place those employees in other positions. He stated that the Sonoma County Airport Express (Sonoma Express) increased its fares by $2 per person on April 18, 2011, which will provide them with an additional $438,000.00 in revenues. He noted that the 5% increase in the District’s bus and ferry fares will produce less additional revenue than will the fare increase by Sonoma Express. He calculated that, were all those who ride either the Sonoma Express or the Marin Airporter (Airporter) to use vehicles instead, during peak hours of 7:00 a.m., to 7:00 p.m. and with 2 persons per vehicle, an additional 49 to 57 vehicles per day would cross the Golden Gate Bridge, each of which would pay a toll. He concluded that, due to the factors noted, he would be unable to support this recommendation.
  • Director Snyder commented that he had calculated the cost to riders on the Sonoma Express and the Marin Airporter were those carriers to pass on the additional cost for Bridge tolls, should this recommendation fail. He stated that, for one of those carriers, the increased fare would be approximately $.75 per person, or 3%, and for the other, approximately $.45 per person, or 1.5%. He reiterated that both companies would break even under this scenario. He noted that the revenue loss to the District should this recommendation be approved would be sufficient to fund an additional bus driver position.
  • Director Renée commented that, should this recommendation be approved, the Board should request that Sonoma Express rescind the fare increase that took effect in April 2011. In addition, the Board should provide staff the authority to oppose fare increases in the future. She noted that a request for approval of a fare increase to the California Public Utilities Commission (CPUC) has a 10-day turnaround.
  • Director Boro commented that the staff report provides passenger counts for both carriers on page 12, and that other Bay Area bridges allow all such carriers free passage 24 hours per day. He emphasized that public/private partnerships are desirable. He noted that, were the District to provide this service, it would be likely to produce a loss of revenue. He stated that a need for this service exists, and it keeps vehicles off the freeway, which is important to Marin County. He stated the likelihood that most of the employees being laid off will be placed in other positions. He added that the Marin Airporter is a long-time tenant of the District. He concluded that, with approval, the District will be supplementing alternative transportation services, which will help keep vehicles off Bay Area roads. He stated his hope that Board members would support the recommendation.
  • Director Sobel commented his agreement with Director Boro’s statement. He added that, successful public transportation is a “balancing act.” He stated that the District should seek to become aware, in advance of an application to the CPUC, of potential fare increases by these two carriers.
  • Director Rabbitt commented that the Airporter and the Sonoma Express provide an important service to the North Bay. He stated that CPUC rate increases must be substantiated within the CPUC’s fare increase approval process. He indicated that the District must rely on the CPUC to make the right decision. He added that, while he is not in favor of rescission of fare increases by these carriers, he agrees with Director Sobel that the District should be aware of potential fare increases before those come before the CPUC. He stated that, in reality, fares are set by customers because, if fares are too high, usage will decrease. He concluded that the District must work toward a reduction of vehicles using Bay Area roads.
  • Director Arnold stated that she supports the recommendation. She stated that local governments must comply with Senate Bill 375 and Assembly Bill 32 in trying to reduce greenhouse gases and encourage people to use transportation methods other than driving vehicles. She concluded that the Metropolitan Transportation Commission would view approval of this recommendation as favorable.
       
  b.

Action by the Board

Directors BORO/RENÉE

Ordinance No. 2011-002 establishes a 24-hour toll rate of $7.50 for a three-axle vehicle with FasTrak®, representing a reduced per axle rate equivalent to 50% of the otherwise applicable two-axle toll, for California Public Utilities Commission certificated providers of regularly scheduled bus transportation services from Marin and Sonoma Counties to the San Francisco International Airport, effective July 1, 2011; and, amends the Master Ordinance accordingly.

Adopted

       
 
AYES (10): Directors Arnold, Boro, Elsbernd, Mar, Moylan, Rabbitt, Renée, Sobel and Stroeh; Acting President and Second Vice President Grosboll
NOES (2): Directors Cochran and Snyder
ABSENT (7): Directors Brown, Campos, Chu, Pahre and Theriault; First Vice President Eddie; President Reilly
       
MEETING OF THE GOVERNMENTAL AFFAIRS AND PUBLIC INFORMATION COMMITTEE/COMMITTEE OF THE WHOLE OF JUNE 24, 2011
       
17.

Authorize Execution of a Professional Services Agreement with FreeFi Networks, Inc., for Wireless Internet Services Onboard Golden Gate Transit Buses

Directors MOYLAN/RENÉE
Resolution No. 2011-066
authorizes the execution of a Professional Services Agreement with FreeFi Networks, Inc., Fort Lee, NJ, at no monthly operating cost to the District, for a three-year term, to be implemented in the Fall of 2011, to provide wireless internet service onboard up to 200 Golden Gate Transit buses; with the understanding that the hardware will be procured separately through a competitive process in accordance with District policy.

Adopted

AYES (12): Directors Arnold, Boro, Cochran, Elsbernd, Mar, Moylan, Rabbitt, Renée, Snyder, Sobel and Stroeh; Acting President and Second Vice President Grosboll
NOES (0): None
ABSENT (7): Directors Brown, Campos, Chu, Pahre and Theriault; First Vice President Eddie; President Reilly

       
CLOSED SESSION
         
18.

Attorney David Miller, at the request of Acting President and Second Vice President Grosboll, 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. 7.

After Closed Session, Acting President and Second Vice President Grosboll 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. 7. He reported that no action was taken during the Closed Session.

       
SPECIAL ORDER OF BUSINESS
     
19. There was no “Special Order of Business.”
     

UNFINISHED BUSINESS

     
20. There was no “Unfinished Business” to discuss.
     
NEW BUSINESS
   
21.
There was no “New Business” to discuss.
 
COMMUNICATIONS
   
22.
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.
   
ADJOURNMENT
   
23.
All business having been concluded, the meeting was adjourned at 10:50 a.m., in memory of Dorothy P. Newhouse and Martin Del Bonta.
     
     

 

 

Respectfully submitted,

s/ Janet S. Tarantino
Secretary of the District