18-2011

GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

MEMORANDUM OF MINUTES

BOARD OF DIRECTORS MEETING

OCTOBER 28, 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, October 28, 2011, at 10:00 a.m., President Reilly presiding.

ROLL CALL

Directors Present (18): Directors Arnold, Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder, Sobel, Stroeh and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly

Directors Absent (1): Director Brown

Staff Present: General Manager Denis Mulligan; Auditor-Controller Joseph Wire; District Engineer Ewa Bauer; Secretary of the District Janet Tarantino; Attorney David Miller; Attorney Jerry Schaefer; Attorney Molly Lee; Deputy General Manager/Bridge Division Kary Witt; Deputy General Manager/Bus Transit Division Teri Mantony; Acting Deputy General Manager/Ferry Transit Division Christian Stark; Deputy General Manager/Administration and Development Kellee Hopper; Public Affairs Director Mary Currie; Executive Assistant to the General Manager Amorette Ko; Assistant Clerk of the Board Lona Franklin

Visitors Present: Greg Moore, Executive Director, Golden Gate National Parks Conservancy; Howard Levitt, Chief of Communications and Partnership, Golden Gate National Recreation Area; Marina Secchitano, Inlandboatmens Union of the Pacific (IBU); Nancy MacLean, IBU; Joe Bryak, IBU; Todd Price, IBU; Alex Tonisson, International Federation of Professional and Technical Engineers (IFPTE), Local No. 21; David Lynch, IFPTE, Local 21; Karen Collins, IFPTE, Local 21; Bart Hackworth, Marine Engineer’s Beneficial Association (MEBA); Curtis Brown, MEBA; Cleveland Prince, International Brotherhood of Teamsters, Local No. 856; Chuck Andrew, International Brotherhood of Teamsters, Local No. 665; Adam Nuyens, International Association of Machinists (IAM), Local No. 1414; Ronald Willits, IAM; Jim McKnight, International Brotherhood of Electrical Workers, Local 6

 

PLEDGE OF ALLEGIANCE

Director John J. Moylan led the Board of Directors in the Pledge of Allegiance to the Flag.

PUBLIC COMMENT

Cleveland Prince, International Brotherhood of Teamsters, Local No. 856, stated that unresolved issues remain regarding negotiations with the District. He requested that the District provide the Unions with a target figure the Board of Directors/District wish to attain, so that the Unions will be able to bargain in good faith.

Alex Tonisson, International Federation of Professional and Technical Engineers (IFPTE), Local No. 21, stated that a seniority-based layoff is a cornerstone for Unions and is standard in Union contracts throughout the country. He indicated that it is not practical to require that language be included in a Union contract such that members are required to vote on provisions they have been unable to review ahead of time. He requested that the District allow Union members to review language prior to its inclusion in a contract.

[Director Mar arrived at this time.]

Jim McKnight, International Brotherhood of Electrical Workers, Local 6, stated his hope that a settlement will be reached. He indicated that he considers the District’s proposal that employees pay a share of healthcare premiums to be unfair.

David Lynch, IFPTE, Local 21, stated that the District’s mission to maintain the Golden Gate Bridge (Bridge) and provide public transportation requires people to work toward these ends. He stated that lower-salaried employees would be hard hit if the District’s proposals were put into place. He questioned the need to provide some employees a 2% annual increase when others are requested to share costs without a similar increase. He stated that employees will give back in the same fashion that they receive.

Chuck Andrew, International Brotherhood of Teamsters, Local No. 665, requested that the District bargain in good faith and with expediency.

Adam Nuyens, International Association of Machinists (IAM), Local No. 1414, stated that negotiations with the District are not proceeding in a constructive fashion, and that Union members wish good faith bargaining. He stated that the District does not seem willing to do so. He indicated that current employees should not have to decide whether or not to reduce benefits of those who are already retired. He stated that benefits are eroding, and employees have already made sacrifices.

Joe Bryak, Inlandboatmen’s Union of the Pacific (IBU), stated that employee benefits are gradually breaking down. He opined that the District is attempting to change the rules. He stated that Union members expect contracts to be adhered to, just as the District does.

Nancy MacLean, IBU, related two personal anecdotes. She stated that retirees must be able to choose their doctors without having to ascertain the doctor’s Medicare participation or lack thereof.

Todd Price, IBU, stated that Union employees are beginning to feel anger because of what they have observed regarding negotiations with the District.

Ronald Willits, IAM, stated his feeling that negotiations have reached an emergency state, being no nearer agreement than at the beginning. He stated that, due to the difficult negotiations, his feelings of privilege and connection at working for the District are wearing away. He indicated that he believes his children deserve the same opportunities as do the children of District management.

Karen Collins, IFPTE, Local 21, stated that her husband retired from the District. She indicated that reducing benefits and compensation can lead to reduced work output. Employees are the key to the District’s success. A future deficit is being used as the reason for the changes the District wishes to impose on employees. She stated that District representatives should treat Union members with the same respect with which they themselves would like to be treated.

Bart Hackworth, Marine Engineer’s Beneficial Association (MEBA), stated that requiring premium sharing from Union members is inequitable because Amalgamated Transit Union members, who have already signed a contract with the District, were not required to accept premium sharing.

Curtis Brown, MEBA, stated that his position is classified as casual, meaning he works only if other employees are off work. He stated it would be a hardship for him to meet the concessions the District is proposing, and requested that District negotiators understand the commitment that workers have to the District.

Marina Secchitano, IBU, stated that the Unions have tried to communicate with the District but their efforts have not been met with fairness. She indicated that the District has provided Unions with inaccurate information, putting them in the position of having to negotiate without information they need. She stated that the District’s proposals regarding premium sharing and changing retiree benefits for those already retired are not acceptable. She stated that a Union proposal to cap management pensions was rejected, and asked why such an action would be unfair.


CONSENT CALENDAR

A. Motion to Approve the Consent Calendar  
  President Reilly reported that Agenda Item No. 5.B.3., “Insufficient Subrogation Claim of CSAA (Insured: Yat Pan, Leslie Yun and Janet Lingh),” will be severed from the Consent Calendar.
     

Directors STROEH/COCHRAN moved and seconded to approve the Consent Calendar,
with the exception of Agenda Item No. 5.B.3., “Insufficient Subrogation Claim of CSAA (Insured: Yat Pan, Leslie Yun and Janet Lingh). All items were approved by the following vote of the Board of Directors:

AYES (18): Directors Arnold, Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder, Sobel, Stroeh and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (0): None
ABSENT (1): Director Brown                                                                                         Carried

 

     
1. Approve the Minutes of the Following Meetings
  a. Transportation Committee/Committee of the Whole of October 13, 2011;
  b. Finance-Auditing Committee/Committee of the Whole of October 13, 2011; and,
  c.

Regular Meeting of the Board of Directors of October 14, 2011.

Carried

     
2. Denial of Claims
  a.

Claim of Jingtian Wang

Carried

  b.

Amended Claim of Marin Taxi

Carried

  c.

Claim of Elena Daugherty

Carried

     
B.
Motion to Deny Amended Subrogation Claim of CSAA (Insured: Yat Pan, Leslie Yun and Janet Lingh)
  Attorney Miller recommended that the above-referenced claim be rejected on its merits. Following the posting of the Board agenda, the claimant submitted an amended claim to the office of the District Secretary. He further reported that the claim is now legally sufficient to act upon.
   
  Directors STROEH/COCHRAN moved and seconded to deny the Amended Subrogation Claim of CSAA (Insured: Yat Pan, Leslie Yun and Janet Lingh) on its merits.
   
  AYES (18): Directors Arnold, Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder, Sobel, Stroeh and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (0): None
ABSENT (1): Director Brown                                                                     Carried
     
GENERAL MANAGER’S REPORT
     
3.

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

     
ATTORNEY’S REPORT
         
4. 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 and 6.B.2., as follows:
         
    "Closed Session
    "1. Conference with Labor Negotiator
Pursuant to Government Code Section 54957.6
      a. 2011 Union Coalition
      b. b. Amalgamated Transit Union, Local No. 1575.”
         
    "2. Conference with Legal Counsel--Potential Litigation
Pursuant to Government Code Section 54956.9(b)(1)
Report of Hanson Bridgett LLP
(One Potential Case).”
         
ENGINEER’S REPORT
     
5.

District Engineer Ewa Bauer reported that all items contained in the written Engineer’s Report are informational. In addition, she stated that the east Bridge sidewalk construction is proceeding approximately two months ahead of schedule and that opening is planned to take place prior to Thanksgiving 2011.

   
OTHER REPORTS
     
6. There were no “Other Reports” to discuss.
     
REPORT OF THE BUILDING AND OPERATING COMMITTEE/COMMITTEE OF THE WHOLE, OCTOBER 27, 2011
     
7. Authorize Execution of Amendment No. 2 to Contract No. 2008-MD-1, Advanced Communications and Information System, with General Electric Transportation Systems Global Signaling, LP, for Modification of Contract Phase Completion Dates
     
   

Director Eddie, Chair of the Building and Operating Committee/Committee of the Whole, reported that the recommendation regarding Amendment No. 2 to Contract No. 2008-MD-1, Advanced Communications and Information System, with General Electric Transportation Systems Global Signaling, LP, for modification of contract phase completion dates, will be discussed during Closed Session, which will take place just before the conclusion of the Board meeting. He stated that the recommendation will be acted upon thereafter.

     
8. Approve Actions Relative to the Award of Contract No. 2012-FT-3, M.S. Marin Ferry Stability and Accessibility Improvements, to Bay Ship & Yacht Co.
     
  Directors EDDIE/GROSBOLL
Resolution No. 2011-090 approves actions relative to the award of Contract No. 2012-FT-3, M.S. Marin Ferry Stability and Accessibility Improvements, as follows:
  a. Authorizes the award of Contract No. 2012-FT-3 to Bay Ship & Yacht Co., Alameda CA, in the amount of $581,085.00;
  b. Establishes a Contingency Fund in the amount of $58,915.00, to cover sales tax and unanticipated items that may be discovered once work commences; and,
  c. Authorizes the General Manager to issue change orders up to the amount of the Contract contingency;
 

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

Adopted

   
   

AYES (18): Directors Arnold, Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder, Sobel, Stroeh and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (0): None
ABSENT (1): Director Brown

     
REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE, OCTOBER 27, 2011
     
9.

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 II, South Approach Structures Construction Project

Directors STROEH/SOBEL

Resolution No. 2011-091 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 II South Approach Structures construction Project.

Adopted

AYES (18): Directors Arnold, Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder, Sobel, Stroeh and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (0): None
ABSENT (1): Director Brown

     
10.

Authorize Execution of Change Order No. 9 to Contract No. 2006-B-19, Replacement of FasTrak® Lane and Plaza/Host Equipment, with The Revenue Markets, Inc., dba TRMI Systems Integration, for Replacement and Upgrade of the Toll Collection System Hardware and Software

Directors STROEH/SOBEL
Resolution No. 2011-092 authorizes the execution of Change Order No. 9 to Contract No. 2006-B-19, Replacement of Fastrak® Lane and Plaza/Host Equipment, with The Revenue Markets, Inc., dba TRMI Systems Integration, in the amount of $537,367.00, to replace and upgrade toll collection system hardware and software, with the understanding that requisite funds are available in the FY 11/12 Bridge Division Capital Budget.

Adopted

AYES (18): Directors Arnold, Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder, Sobel, Stroeh and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (0): None
ABSENT (1): Director Brown

       
11. Authorize Execution of Amendment No. 2 to the Professional Services Agreement No. 2010-D-9, Strategic Development Plan for All Electronic Toll Collection, with Traffic Technologies, Inc., for Implementation Coordination and Delivery Services for All Electronic Tolling Conversion

Directors STROEH/PAHRE
Resolution No. 2011-093 authorizes the execution of Amendment No. 2 to the Professional Service Agreement with Traffic Technologies, Inc., relative to Request for Proposals No. 2010-D-9, Strategic Development Plan for All Electronic Toll Collection, in the amount of $244,500.00, for implementation coordination and delivery services for all electronic toll collection on the Golden Gate Bridge; with the understanding that requisite funds are available in the FY 11/12 Bridge Division Capital Budget.

Adopted

AYES (18): Directors Arnold, Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder, Sobel, Stroeh and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (0): None
ABSENT (1): Director Brown

     
12. Approve the Operation Mobile Gourmet Food Trucks at the Larkspur Ferry Terminal

Directors BORO/PAHRE
Resolution No. 2011-094 approves the operation of gourmet food trucks at the Larkspur Ferry Terminal, based on the success of the pilot program that was completed on September 30, 2011, pursuant to SECTION I., GENERAL CONDITIONS, SUBSECTION E., BUSINESS ACTIVITIES ON DISTRICT PROPERTY of Master Ordinance 2010.

Adopted

AYES (18): Directors Arnold, Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder, Sobel, Stroeh and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (0): None
ABSENT (1): Director Brown

     
ADDRESSES TO THE BOARD
       
13. There were no “Addresses to Board.”
       
SPECIAL ORDER OF BUSINESS
 
14. Approve Actions Relative to the Activities Associated with the 75th Anniversary Celebration
     
  a.

Remarks by Executive Director Greg Moore of the Golden Gate National Parks Conservancy and General Manager Denis Mulligan

In a PowerPoint Presentation (PowerPoint) to the Board, Executive Director of the Golden Gate National Parks Conservancy (Conservancy) Greg Moore provided an update on preparations and anticipated events for the Golden Gate Bridge 75th Anniversary Celebration.

At the meeting, Mr. Moore presented the PowerPoint, stating that, pursuant to the approved cooperative relationship with the District, the Conservancy plans include improvements to the visitor facilities to highlight the Bridge story and enhance the appreciation of the Bridge as a United States landmark.

Also, the Conservancy plans include construction of new overlooks and vista points, and improvement to existing hiking and bicycling trails to the east and west of the Bridge. Planned construction includes a Pacific Overlook, with a view of the Bridge, and a Golden Gate Overlook, with a tower-within-tower view of the Bridge and a paved walking and seating area.

Examples of items that will be available to visitors to create a world-class, inspiring experience include but are not limited to a 1930s Tower Model; Bridge collection artifacts; historic photographs and films; interpretive tours, panels and exhibits; interpretive merchandise, books and guides; apparel; posters and prints. Interactive exhibits will be available for hands-on learning. In concert with these plans, the Bridge Café will begin offering local and organically sourced food and beverages.

As part of the 75th Anniversary Celebration being planned, Mr. Moore reported that there will be 75 community tributes, as well as a waterfront festival, with performances, exhibitions, lectures, contests, educational programs and athletic events. He reported that, to date, the Conservancy listed 64 confirmed community tributes in its PowerPoint.

A copy of the PowerPoint is available from the Office of the District Secretary and on the District’s web site.

Mr. Mulligan reported that no toll dollars will be expended to fund the 75th Anniversary Celebration. In addition, he reported that there will be no Bridge Walk, as there was for the 50th Anniversary. In place of that event, waterfront activities and events are being planned.

President Reilly thanked Mr. Moore and the Conservancy for their support and participation, including the presentation of the PowerPoint at this meeting.

     
  b.

Action by the Board

Approve the Visitor Experience Plan for the 75th Anniversary Celebration of the Golden Gate Bridge

Directors BORO/GROSBOLL
Resolution No. 2011-095
approves the Visitor Experience Plan for the 75th Anniversary Celebration of the Golden Gate Bridge, as presented by Greg Moore, Executive Director of the Golden Gate National Parks Conservancy, in the PowerPoint Presentation entitled, “75th Anniversary Update, Presented to the Board of Directors of the Golden Gate Bridge, Highway and Transportation District” and dated October 28, 2011.

Adopted

AYES (18): Directors Arnold, Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder, Sobel, Stroeh and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (0): None
ABSENT (1): Director Brown

     
CLOSED SESSION
     
15. a.

Remarks by the Attorney

Attorney David Miller, at the request of President Reilly, stated that the Board would convene in Closed Session, to discuss the matter listed under Closed Session, as outlined above in Item No. 7.

After Closed Session, President Reilly called the meeting to order in Open Session with a quorum present. Attorney Miller reported that the Board had met in Closed Session, as permitted by the Brown Act, to discuss the matters listed above in Item No. 7. He reported that two matters were considered by the Board. First, with regard to labor negotiations, a further meeting will be held with Union negotiators on Monday, October 31, 2011. Appropriate guidance has been provided to the negotiating team. Second, with regard to potential litigation, it is recommended that the Board approve Amendment 2 relative to Contract 2008-MD-1, Advance Communications and Information System with General Electric Transportation Systems Global Signaling, LLP, for modification of contract phase completion dates and related items.

     
  b.

Action by the Board

Authorize Execution of Amendment No. 2 to Contract No. 2008-MD-1, Advanced Communications and Information System, with General Electric Transportation Systems Global Signaling, LLP

Directors BORO/STROEH
Resolution No. 2011-096
authorizes execution of Amendment No. 2 to Contract No. 2008-MD-1, Advanced Communications and Information System, with General Electric Transportation Systems Global Signaling, LP (GETS), the main elements of which include (a) establishment of a new project completion date of May 1, 2013; (b) transfer of responsibility for providing the necessary software interface with the District’s HASTUS scheduling system from the District to GETS, at a cost of $210,000.00; and, (c) inclusion of additional items in the GETS scope of work, at no cost to the District.

Adopted

AYES (18): Directors Arnold, Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder, Sobel, Stroeh and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (0): None
ABSENT (1): Director Brown

     
UNFINISHED BUSINESS
     
16.

There was no “Unfinished Business” to discuss.

     
NEW BUSINESS
     
17.

There was no “New Business” to discuss.

     
COMMUNICATIONS
 
18.
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
     
19.
All business having been concluded, the meeting was adjourned at 11:35 a.m., in memory of Lyman C. “Jim” Gilliland, Doi DeWitt, Gloria Francis Craib, Ina Gavin and Lee Stratton.
     

 

Respectfully submitted,

s/ Janet S. Tarantino
Secretary of the District