APRIL 8, 2005

The Board of Directors of the Golden Gate Bridge, Highway and Transportation District (District) met in regular session in the Board Room, Administration Building, Toll Plaza, San Francisco, California, on Friday, April 8, 2005, at 10:00 a.m., President Middlebrook presiding.

ROLL CALL

Directors Present (15): Directors Ammiano, Brown, Dufty, Eddie, Hernández, Kerns, Martini, McGoldrick, Pahre, Reilly, Shahum, Smith and Stroeh; Second Vice President Boro; President Middlebrook

Directors Absent (4): Directors Cochran, Murray and Sandoval; First Vice President Harrison

Staff Present: General Manager Celia G. Kupersmith; District Engineer Denis J. Mulligan; Auditor-Controller Joseph M. Wire; District Secretary Janet S. Tarantino; Attorney David J. Miller; Deputy General Manager/Bridge Division Kary H. Witt; Deputy General Manager/Bus Division Susan C. Chiaroni; Deputy General Manager/Ferry Division James P. Swindler; Deputy General Manager/Administration and Development Teri W. Mantony; Public Affairs Director Mary C. Currie; Executive Assistant to the General Manager Amorette Ko; Assistant Clerk of the Board Karen B. Engbretson; Captain Locati

Visitors Present: Clark D. Hinderleider, M.D., Mill Valley resident

PLEDGE OF ALLEGIANCE

Director J. Dietrich Stroeh led the Board of Directors in the Pledge of Allegiance to the Flag.

PUBLIC COMMENT

Clark D. Hinderleider expressed his concerns against development of a physical suicide deterrent system on the Golden Gate Bridge, and urged the Board of Directors not to ratify the General Manager’s submission of a request to the Metropolitan Transportation Commission for funding for such a project. He suggested that alternatively, the funds should be used to expand resources for educating and supporting individuals and families coping with suicidal behavior.

CONSENT CALENDAR

Directors STROEH/EDDIE moved approval of the Consent Calendar. All items were approved by the following vote of the Board of Directors:

AYES (13): Directors Brown, Dufty, Eddie, Hernández, Kerns, Martini, Pahre, Reilly, Shahum, Smith and Stroeh; Second Vice President Boro; President Middlebrook

NOES (0): None

ABSENT (6): Directors Ammiano, Cochran, McGoldrick, Murray, Sandoval; First Vice President Harrison

1. Approve the Minutes of the Regular Meeting of the Board of Directors of March 25, 2005

Carried

2. Denial of Claims

1. Claim of Richard W. Boak Carried

2. Claim of Markus Hardt Carried

3. Ratify Actions by the Auditor-Controller

Resolution No. 2005-029 (Finance-Auditing Committee, March 24, 2005) ratifies actions taken by the Auditor-Controller, as follows:

+ Ratify commitments and/or expenditures totaling $53,030.60;
+ Ratify investments made by the Auditor-Controller during the period February 15, 2005 through March 14, 2005, as follows; and,

Security

Purchase Date

Maturity Date

Original Cost

Percent Yield

Yorktown Cap Corp Comm Paper

03/08/05

04/05/05

$7,699,038.51

2.66%

Yorktown Cap Corp Comm Paper

03/10/05

03/21/05

$2,077,076.44

2.53%

FNMA Discount Note

03/10/05

04/01/05

$9,984,111.11

2.60%

+ Authorize the Auditor-Controller to re-invest, within the established policy of the Board, investments maturing between March 15, 2005 and April 11, 2005, and all other funds not required to cover expenditures that may become available; and,
+ Accept the Investment Report for February 2005 prepared by Public Financial Management.

Adopted

GENERAL MANAGER'S REPORT

4. Presentation of Employee of the Month Award for March 2005 to Daisy Chow, Office Specialist, District Division

President Middlebrook presented the Employee of the Month Award for March 2005 to Daisy Chow, Office Specialist, District Division, and expressed her congratulations on behalf of the Board of Directors.

5. Announcements

1. General Manager Celia Kupersmith announced the addition of a new feature to the District’s web site, www.goldengate.org, entitled, “Multimedia Library.” She stated that this new section of the web site includes virtual 360-degree Bridge tour, a virtual walk on the Bridge sidewalk, as well as video clips of Bridge workers in action from a Bay Area Backroads television show featuring the Golden Gate Bridge.

2. Ms. Kupersmith reported that Deputy General Manager Kary Witt and Director Cynthia Murray recently traveled to the State Capitol in Sacramento to meet with lawmakers regarding the passage of SB 238, which would implement a permanent safety enhancement-double fine zone on the Golden Gate Bridge. She announced that SB 238 successfully passed in the California State Senate on April 5, 2005, which is good news for the District. She also noted that the Teamsters were vocal in their opposition to the bill in light of their opposition to all double fine zones.

6. Authorize Execution of Memorandum of Understanding with the International Brotherhood of Teamsters Local No. 856, representing the Transportation Supervisors

Celia Kupersmith stated that subsequent to posting the Agenda, the District was informed that a new bargaining unit of employees has ratified its Memorandum of Understanding (MOU) with the District, and that it would be necessary to add an action item to this meeting’s agenda in order for the Board to authorize execution of said MOU between the District and International Brotherhood of Teamsters Local No. 856, representing the Transportation Supervisors. By way of background, Ms. Kupersmith reported that the Board of Directors, by Resolution No. 2004-002 at its meeting of January 16, 2004, approved recognition of a new collective bargaining unit comprised of eight Transportation Supervisors, following approval by the Board of a petition for recognition by the International Brotherhood of Teamsters Local No. 856, by Resolution No. 2003-109 at its meeting of October 24, 2003. Ms. Kupersmith also acknowledged the efforts of Deputy General Manager/Bus Division Susan Chiaroni and Attorney Diane O’Malley for their diligence through the 15-month negotiation period of this MOU.

Attorney Miller explained, for the record, that the Brown Act allows adding items to the agenda if the item arose subsequent to the posting of the agenda and if there is an immediate need for action. Mr. Miller stated that this matter clearly arose after the agenda was posted since tentative agreement with Teamsters Local No. 856 was reached on April 7, 2005. He further stated that immediate action is required, due to the fact that the District’s policy of not permitting wage retroactivity requires Board action prior to the implementation of the MOU in the current pay period.

Directors STROEH/EDDIE moved that the matter of, Authorize Execution of Memorandum of Understanding with Teamsters Local No. 856, representing the Transportation Supervisors, be added to the agenda of the Board of Directors for consideration at its meeting of April 8, 2005, as permitted by the Brown Act, as this matter arose subsequent to the posting of the agenda and requires immediate attention.

AYES (15): Directors Ammiano, Brown, Dufty, Eddie, Hernández, Kerns, Martini, McGoldrick, Pahre, Reilly, Shahum, Smith and Stroeh; Second Vice President Boro; President Middlebrook

NOES (0): None

ABSENT (4): Directors Cochran, Murray, Sandoval; First Vice President Harrison

Ms. Kupersmith explained that the proposed MOU, if approved, would provide the bargaining unit of Transportation Supervisors with the same salary and medical benefit provisions contained in the MOUs of other bargaining units in the Union Coalition. She noted that the Transportation Supervisors’ MOU would have a term of 14 months, in order to have an expiration date of June 30, 2006, consistent with the rest of the Union Coalition MOUs. Accordingly, she recommended that the Board of Directors authorize formal execution of the MOU with the International Brotherhood of Teamsters, Local No. 856, as the representative of the employee unit consisting of Transportation Supervisors.

Authorize Execution of Memoranda of Understanding with the International Brotherhood of Teamsters Local No. 856, representing the Transportation Supervisors

Directors STROEH/EDDIE

Resolution No. 2005-030 authorizes the execution of a Memorandum of Understanding with the International Brotherhood of Teamsters Local No. 856, representing the Transportation Supervisors in the Bus Transit Division, for a term commencing April 7, 2005 through June 30, 2006, incorporating wage adjustments of 2% effective immediately and of 3% effective July 1, 2005, in keeping with the Union Coalition package previously approved by the Board of Directors.

AYES (15): Directors Ammiano, Brown, Dufty, Eddie, Hernández, Kerns, Martini, McGoldrick, Pahre, Reilly, Shahum, Smith and Stroeh; Second Vice President Boro; President Middlebrook

NOES (0): None

ABSENT (4): Directors Cochran, Murray, Sandoval; First Vice President Harrison

ATTORNEY’S REPORT

7. Attorney David Miller reported that all items contained in the Attorney’s Report were informational. Mr. Miller also reported that a closed session would be held just prior to the conclusion of the meeting to discuss two matters of pending litigation, as listed on the Agenda.

ENGINEER’S REPORT

8. No written report was presented by District Engineer Denis Mulligan. A written report is presented to the Board of Directors by the District Engineer at the second Board meeting of the month.

At the meeting, Denis Mulligan reported that the contractor for the Phase II Golden Gate Bridge Seismic Retrofit project will soon begin dismantling the work platforms beneath the Fort Point Arch. He extended an invitation to the members of the Board of Directors to take a tour of the Seismic Retrofit construction site, if they have not yet done so, in order to have an opportunity to view up-close a portion of the Bridge structure that will be inaccessible once the work platforms are removed.

Discussion ensued, including the following:

+ President Middlebrook and Director Smith stated that they had enjoyed tours of the Seismic Retrofit construction site led by District Engineer Denis Mulligan, and urged their fellow Board members to request such a tour while the Fort Point Arch work platforms are still in place.

REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF MARCH 24, 2005

9. All Non-Consent Calendar items contained in this report are informational, as the items requiring Board action were acted upon by the Board of Directors at its meeting of March 25, 2005.

REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF APRIL 8, 2005

10. Ratify General Manager’s Action to Submit a Request to the Metropolitan Transportation Commission for Funding to Support Suicide Deterrent Environmental Studies and Preliminary Design Work

a. Recommendation from the Finance-Auditing Committee at its meeting of April 8, 2005

The Finance-Auditing Committee recommended that the Board of Directors ratify submission of a request to the Metropolitan Transportation Commission by the General Manager for funds to support environmental studies and preliminary design work related to development of a physical suicide deterrent system.

b. Discussion by the Board of Directors

# Director Smith inquired as to whether the funding from the Metropolitan Transportation Commission (MTC) would be earmarked solely for development of a physical suicide deterrent system, or whether the funding could be used for any other transportation project. In response, Ms. Kupersmith stated that the funding is not earmarked exclusively for development of a physical suicide deterrent system, and that the source of the funding is general federal transportation funding from the Surface Transportation Program and Congestion Mitigation and Air Quality Improvement Program. She noted that the $1.6 million proposed for the environmental studies and preliminary design work for a physical suicide deterrent system is new money that would not be taking funding away from any other District transportation project.
# Director Ammiano and MTC Commissioner, noted that the federal funding, totaling $122 million in new money to the region, is also available for other transportation and road improvement projects throughout the Bay Area. This $1.6 million is part of that total allocation of new funds.
# In response to an inquiry from Director Martini as to the source of the 20% matching funds in the amount of $400,000 required for receipt of the $1.6 million federal funding, Ms. Kupersmith stated that, according to adopted Board policy, the $400,000 must come from outside sources. She noted that the $400,000 has not been included in the District budget. and will therefore not affect funding for District transit services or Bridge operations. Director Martini further advised that he would be voting in opposition to the proposed action to remain consistent with his votes on related actions, noting that in his opinion, it is not appropriate to use transportation funds for a suicide deterrent project, since such transportation funding could be used for other crucial transportation projects in the Bay Area.
# In response to an inquiry by Director Shahum regarding the status of MTC providing funding for development of a Moveable Median Barrier on the Golden Gate Bridge, Ms. Kupersmith explained that MTC has declined to provide funding for the Moveable Median Barrier and that the District will pursue state funds once such funding would come from the same source of federal safety project funding as for the Seismic Retrofit Project, and at present, it would be prudent to delay requesting Moveable Median Barrier funding from the MTC until after funding has been secured for Phase III of the Golden Gate Bridge Seismic Retrofit Project.
# As stated by Director Kerns previously, Director Boro also noted that it is critical that the public should be educated about the horrific realities of death by suicide from the Golden Gate Bridge. He urged the Board, if committed to deterring suicides, to take action to approve the posting of suicide-deterrent signage near the crisis telephones on the Bridge sidewalks. In response, Ms. Kupersmith stated that staff will develop such a project for Committee and Board consideration. Ms. Kupersmith also noted that the District is working with the San Francisco Chronicle on a series of articles on the topic of suicide, including the realities of death by suicide from the Golden Gate Bridge, to be published in the near future.
# Director Eddie suggested that, in addition to newspaper articles, the mental health community could produce public service announcements as another method of educating the public regarding suicide.
# Director McGoldrick stated that the District should equally important to publicize is the positive story of how many suicides are prevented due to the alert actions of Golden Gate Bridge personnel.
# President Middlebrook stated that she would support the proposed action, but expressed her concerns that transportation funding would be used for a suicide deterrent project.

Action by the Board of Directors

Ratify General Manager’s Action to Submit a Request to the Metropolitan Transportation Commission for Funding to Support Suicide Deterrent Environmental Studies and Preliminary Design Work

Directors STROEH/BROWN

Resolution No. 2005-031 ratifies the action of the General Manager to submit a request to the Metropolitan Transportation Commission for funds to support environmental studies and preliminary design work related to development of a physical suicide deterrent system on the Golden Gate Bridge.

Adopted

AYES (13): Directors Ammiano, Brown, Dufty, Eddie, Hernández, Kerns, McGoldrick, Pahre, Reilly, Shahum, and Stroeh; Second Vice President Boro; President Middlebrook

NOES (2): Directors Martini and Smith

ABSENT (4): Directors Cochran, Murray and Sandoval; First Vice President Harrison

REPORT OF THE GOVERNMENTAL AFFAIRS AND PUBLIC INFORMATION COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF MARCH 25, 2005

11. All items contained in this report are informational, as the item requiring Board action was acted upon by the Board of Directors at its meeting of March 25, 2005.

CLOSED SESSION

12. Attorney’s Report

Attorney David Miller, at the request of President Middlebrook, stated that the Board of Directors would convene in closed session to discuss two matters of pending litigation, listed on the agenda as Item Nos. 6.B.1.a.1, Stephen Yost vs. Golden Gate Bridge, Highway and Transportation District and 6.B.1.a.2., Golden Gate Bridge, Highway and Transportation District vs. Marsh and McLennan Companies, Inc., et al.

After closed session, President Middlebrook called the meeting to order in open session with a quorum present. Attorney Miller reported that the Board of Directors met in closed session, as permitted by the Brown Act, and received a report from Claims Management Inc. relative to Stephen Yost vs. Golden Gate Bridge, Highway and Transportation District, and that the Board provided settlement authority for disposition of this matter. Mr. Miller also reported that during closed session the Board of Directors received a report from Counsel regarding the matter of Golden Gate Bridge, Highway and Transportation District vs. Marsh and McLennan Companies, Inc., et al., but that no action by the Board was required at this time.

ADJOURNMENT

13. All business having been concluded, the meeting was adjourned at 10:35 a.m., in the memory of Former Director C. Paul Bettini.

Respectfully submitted,

Janet S. Tarantino