12-2005

GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT
MEMORANDUM OF MINUTES
BOARD OF DIRECTORS MEETING
JUNE 24, 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, June 24, 2005 , at 10:00 a.m. , President Middlebrook presiding.

ROLL CALL

Directors Present (16): Directors Ammiano, Brown, Cochran, Dufty, Eddie, Hernández, Martini, McGoldrick, Moylan, Murray, Pahre, Reilly, Shahum and Stroeh; Second Vice President Boro; President Middlebrook

Directors Absent (2): Directors Kerns and Sandoval

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

Staff Present: General Manager Celia G. Kupersmith; District Engineer Denis J. Mulligan; Auditor-Controller Joseph M. Wire; Secretary of the District Secretary Janet S. Tarantino; Attorneys David J. Miller and Jerrold C. Schaefer; Deputy General Manager/Bridge Division Kary H. Witt; Deputy General Manager/Bus Division Susan C. Chiaroni; Deputy General Manager/Ferry Division James P. Swindler; Public Affairs Director Mary C. Currie; Human Resources Director Larry Daniel; Maintenance Manager Gene Walker; DBE Programs Administrator Aida Caputo; Executive Assistant to the General Manager Amorette Ko; Assistant Clerk of the Board Patsy Whala; Captain Locati; Sergeant Gomez

Visitors Present: Michael Lehman, The Furth Firm

PLEDGE OF ALLEGIANCE

Director Gerald D. Cochran led the Board of Directors in the Pledge of Allegiance to the Flag.

PUBLIC COMMENT

There was no public comment.

CONSENT CALENDAR

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

AYES (16): Directors Ammiano, Brown, Cochran, Dufty, Eddie, Hernández, Martini, McGoldrick, Moylan, Murray, Pahre, Reilly, Shahum and Stroeh; Second Vice President Boro; President Middlebrook

NOES (0): None

ABSENT (2): Directors Kerns and Sandoval

1. Approve the Minutes of the Regular Meeting of the Board of Directors of June 10, 2005

Carried

2. Denial of Claims

1. Claim of Enterprise Rent-a-Car   Carried

2. Claim of John Plutino   Carried

3. Claim of Carrie Lyn Miller   Carried

4. Claim of Frank H. Almquist   Carried

GENERAL MANAGER'S REPORT

3. Presentation of Thirty Year Service Award to Salvatore Ramos, Trimmer, Bus Division

President Middlebrook presented a Thirty Year Service Award to Salvatore Ramos, Trimmer, Bus Division, for thirty years of service, and expressed her congratulations on behalf of the Board of Directors.

4. Presentation of Twenty- Five Year Service Award to James Territo, Bus Mechanic, Bus Division

President Middlebrook presented a Twenty- Five Year Service Award to James Territo, Bus Mechanic, Bus Division, for twenty-five years of service, and expressed her congratulations on behalf of the Board of Directors.

5. Presentation of Twenty Year Service Award to Margo DeCook, Administrative Receptionist, District Division

President Middlebrook presented a Twenty Year Service Award to Margo DeCook, Administrative Receptionist, District Division , for twenty years of service, and expressed her congratulations on behalf of the Board of Directors.

6. Presentation of Employee of the Month Award for June 2005 to Cynthia Amadea, Operations Supervisor, Ferry Division

President Middlebrook presented the Employee of the Month Award for June 2005 to Cynthia Amadea, Operations Supervisor, Ferry Division, and expressed her congratulations on behalf of the Board of Directors.

7. Approve Actions Relative to Petition from International Union of Operating Engineers, Local No. 3 for Recognition of Employee Unit Comprised of Bridge Sergeants

Celia Kupersmith reported that a petition for recognition of an employee unit comprised of Bridge Sergeants to be represented by the International Union of Operating Engineers, Local No. 3. Ms. Kupersmith stated that having reviewed the petition from International Union of Operating Engineers, Local No. 3, she is satisfied that the unit in question is an appropriate one for bargaining purposes. She also stated that there is an adequate showing of interest for the petition by the members of the employee unit. She recommended that the Board of Directors ratify the determination that the Bridge Sergeants constitute an appropriate bargaining unit and authorize that a secret ballot election be conducted by the State Conciliation Service, in keeping with customary practice at the District.

Directors STROEH/MURRAY

Resolution No. 2005-053 approves actions relative to a petition from the International Union of Operating Engineers, Local No. 3, for recognition of an employee unit comprised of Bridge Sergeants, as follows:

a. Ratify the General Manager’s determination as appropriate for collective bargaining, a unit of Bridge Sergeants; and,

b. Authorize a secret ballot election to be conducted by the State Conciliation Service to determine whether or not Bridge Sergeants desire to be represented by the Operating Engineers, Local No. 3.

Adopted

AYES (16): Directors Ammiano, Brown, Cochran, Dufty, Eddie, Hernández, Martini, McGoldrick, Moylan, Murray, Pahre, Reilly, Shahum and Stroeh; Second Vice President Boro; President Middlebrook

NOES (0): None

ABSENT (2): Directors Kerns and Sandoval

8. Authorize Execution of a Memorandum of Understanding with International Union of Operating Engineers, Local No. 3, Representing Bridge Patrol Officers

The Board of Directors, by Resolution No. 2005-010 at its meeting of February 25, 2005, approved the recognition of a Bridge Patrol Officer bargaining unit to be represented by the International Union of Operating Engineers, Local No. 3. Celia Kupersmith reported that the International Union of Operating Engineers, Local No. 3 and the District have reached a tentative agreement on a Memorandum of Understanding (MOU), which will be effective upon ratification by the International Union of Operating Engineers, Local No. 3 and approval by the Board of Directors. The MOU incorporates the existing terms and conditions of employment for the Bridge Patrol Officers, the terms and conditions of the Union Coalition Agreement and will be effective until June 30, 2006. Ms. Kupersmith stated that if the tentative agreement is approved before June 30, 2005, it will include the 3% wage increase effective July 1, 2005.

Directors MURRAY/BORO

Resolution No. 2005-054 authorizes execution of a Memorandum of Understanding with International Union of Operating Engineers, Local No. 3, representing Bridge Patrol Officers, effective June 27, 2005 through June 30, 2006, contingent upon ratification of agreement by the union membership on or before July 1, 2005.

Adopted

AYES (16): Directors Ammiano, Brown, Cochran, Dufty, Eddie, Hernández, Martini, McGoldrick, Moylan, Murray, Pahre, Reilly, Shahum and Stroeh; Second Vice President Boro; President Middlebrook

NOES (0): None

ABSENT (2): Directors Kerns and Sandoval

ATTORNEY’S REPORT

9. 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 one matter of pending litigation, as listed on the Agenda as Item No. 6.B.1., Golden Gate Bridge, Highway and Transportation District (District) vs. Marsh and McLennan Companies, Inc., et al. In addition, he stated that also during closed session, the Board would receive a report from the Real Property Negotiator regarding Agenda Item No. 6.B.2., negotiations with the Sonoma-Marin Area Rail Transit District relative to the transfer of the portion of the Northwestern Railroad Right-of-Way property from Novato Creek South to Corte Madera . Mr. Miller further stated that Item No. 6.B.3., Public Employee Performance Evaluation for Officers of the District , would be continued to the July 8, 2005 meeting of the Board of Directors.

ENGINEER’S REPORT

10. District Engineer Denis Mulligan reported that all items contained in the Engineer’s Report were informational.

REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF JUNE 9, 2005

11. All items contained in this report are informational, as the items requiring Board action were acted upon by the Board of Directors at their meeting of June 10, 2005 .

REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF JUNE 23, 2005

12. Approve Actions Relative to Fil ing an Application with the Bay Area Air Quality Management District for Regional Transportation Fund for Clean Air Program Grant Funds to Support Bus Stop Improvements

Directors STROEH/SHAHUM

Resolution No. 2005-055 approves the following actions relative to Regional Transportation Fund for Clean Air Program (TFCA) grant funds administered by the Bay Area Air Quality Management District (BAAQMD):

a. Authorize the General Manager to file an application and execute a funding agreement with BAAQMD for TFCA grant funds in the amount of $60,000, to support implementation of a new bus stop island on Folsom Street in San Francisco; and,

b. Authorize the General Manager to enter into an agreement with the San Francisco Department of Parking and Traffic (DPT) to pass through these grant funds, and related grant requirements, for the DPT to construct this bus stop for use by Golden Gate Transit buses .

Adopted

AYES (16): Directors Ammiano, Brown, Cochran, Dufty, Eddie, Hernández, Martini, McGoldrick, Moylan, Murray, Pahre, Reilly, Shahum and Stroeh; Second Vice President Boro; President Middlebrook

NOES (0): None

ABSENT (2): Directors Kerns and Sandoval

13. Approve Renewal of the Health and Benefit Insurance Plans

Directors STROEH/BROWN

Resolution No. 2005-056 approves the renewal of the Health and Benefit Plans, for a one-year term, effective July 1, 2005, through June 30, 2006, as follows:

a. Group Life, Accidental Death & Dismemberment and Dependent Life Plan with Principal Mutual, in the amount of $172,000 ;

b. Medical Stop-Loss Coverage with Blue Shield of California, with a deductible of $150,000, and a special deductible of $250,000 for two specified beneficiaries, in the amount of $366,000;

c. Kaiser Foundation Health Plan, in the amount of $2,703,000;

d. Blue Shield of California PPO Plan, on a self-funded basis, in the estimated amount of $8,016,000;

e. Blue Shield of California HMO Plan, in the estimated amount of $893,000;

f. Caremark Prescription Drug Plan, on a self-funded basis, in the estimated amount of $3,601,000;

g. U.S. Behavioral Health Services, in the amount of $60,900;

h. Vision Service Plan of California , on a self-funded basis, in the amount of $282,000; and,

i. Delta Dental Plan of California, on a self-funded basis, in the amount of $2,148,000;

with the understanding that requisite funds in the amount of $18,241,900 are available in the FY 05/06 Operating Budget.

Adopted

AYES (16): Directors Ammiano, Brown, Cochran, Dufty, Eddie, Hernández, Martini, McGoldrick, Moylan, Murray, Pahre, Reilly, Shahum and Stroeh; Second Vice President Boro; President Middlebrook

NOES (0): None

ABSENT (2): Directors Kerns and Sandoval

14. Director’s Comments Regarding Handout by California State Automobile Association Presented to the Finance-Auditing Committee on June 23, 2005

Director Boro reported that a handout from Lewis Lem, Transportation Policy Manager, California State Automobile Association, was presented to the Finance-Auditing Committee at its meeting of June 23, 2005 during public comments. He stated that the handout reflected statistical data on the relationship of the increase in Bridge tolls to an increase in ferry ridership and a decrease in Bridge traffic. Director Boro emphasized that another contributing factor to the decrease in Bridge traffic could also be the high cost of housing in Marin and Sonoma Counties, which results in more people commuting between jobs in Marin County and Sonoma County, rather than over the Golden Gate Bridge. He noted that the median price of housing in Marin County is $900,000. Director Boro instructed staff to recommend that Mr. Lem widen the scope to include those factors.

REPORT OF THE RULES, POLICY AND INDUSTRIAL RELATIONS COMMITTEE/COMMITTEE OF THE WHOLE JUNE 10, 2005

15. Approve Proposed FY 05/06 Annual Overall Disadvantaged Business Enterprise (DBE) Goals and Status Report on Overall Project DBE Goals for Golden Gate Bridge Seismic Retrofit Phase IIIA

Directors MURRAY/MARTINI

Resolution No. 2005-057 approves the following actions relative to the FY 05/06 annual overall Disadvantaged Business Enterprise (DBE) goals:

a. Establish a seven percent (7%) proposed goal applicable to $2,616,349 in contracts assisted by the Federal Transit Administration (FTA) and authorize the General Manager to publish notice of the proposed goal in accordance with federal regulations;

b. Establish a two percent (2%) proposed goal applicable to $1,200,000 in contract assisted by the Federal Highway Administration (FHWA) and authorize the General Manager to publish notice of the proposed goal in accordance with federal regulations;

c. Authorize the General Manager to formally adopt the FTA and FHWA goals if no public comments are received that require further consideration or modifications of the proposed goals by the Board; and

d. Authorize staff to submit the District's annual overall DBE goals for federally-assisted contracting opportunities to FTA and the California Department of Transportation (Caltrans) on behalf of FHWA by August 1, 2005.

Adopted

AYES (16): Directors Ammiano, Brown, Cochran, Dufty, Eddie, Hernández, Martini, McGoldrick, Moylan, Murray, Pahre, Reilly, Shahum and Stroeh; Second Vice President Boro; President Middlebrook

NOES (0): None

ABSENT (2): Directors Kerns and Sandoval

REPORT OF THE BUILDING AND OPERATING COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF JUNE 23, 2005

16. Approve the Design and Location of Toll Plaza Transfer Point Bus Stop and Crosswalk Improvements

a. Discussion by the Board

  • Attorney Miller stated that, for the record, the safety issues and tradeoffs regarding the design and location of Golden Gate Bridge Toll Plaza transfer point bus stop and crosswalk improvements were discussed at the June 23, 2005 meeting of the Building and Operating Committee. He further stated that the Committee found that those safety issues and tradeoffs warrant such improvements, and those findings are formalized in the recommended Resolution being presented to the Board of Directors.
  • Director Shahum commended the Engineering Department staff for the time and effort invested in developing this safety project and stated that she looks forward to using the new, improved crosswalks.

b. Action by the Board

Directors EDDIE/SHAHUM

Resolution No. 2005-058 approves the design and location of five bus stops, changes to multiple crosswalks, and related pedestrian safety improvements, all located in the vicinity of the Golden Gate Bridge Toll Plaza.

Adopted

AYES (16): Directors Ammiano, Brown, Cochran, Dufty, Eddie, Hernández, Martini, McGoldrick, Moylan, Murray, Pahre, Reilly, Shahum and Stroeh; Second Vice President Boro; President Middlebrook

NOES (0): None

ABSENT (2): Directors Kerns and Sandoval

CLOSED SESSION

17. Attorney’s Report

Attorney David Miller, at the request of President Middlebrook, stated that the Board of Directors would convene in closed session to receive a report from the Real Property Negotiator regarding negotiations with the Sonoma-Marin Area Rail Transit District relative to the transfer of the portion of the Northwestern Railroad Right-of-Way property from Novato Creek South to Corte Madera, and to discuss one matter of pending litigation, 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, to consider the two matters as noted above. He stated that with the recommendation of the Building and Operating Committee at its meeting of June 23, 2005, and with the concurrence of the Board of Directors during closed session, it would be appropriate at this time for the Board to consider the action of, Authorize Execution of a Memorandum of Understanding with the Golden Gate Bridge, Highway and Transportation District, the County of Marin, the Marin County Transit District and the Sonoma-Marin Area Rail Transit District (SMART) .

a. Authorize Execution of a Memorandum of Understanding between the Golden Gate Bridge, Highway and Transportation District, the County of Marin, the Marin County Transit District and the Sonoma-Marin Area Rail Transit District (SMART)

Directors STROEH/MARTINI

Resolution No. 2005-059 authorizes execution of a Memorandum of Understanding between the Golden Gate Bridge, Highway and Transportation District, the County of Marin, the Marin County Transit District and the Sonoma-Marin Area Rail Transit District, to effectuate the transfer of the District’s Railroad Right-of-Way property from Novato Creek south to Corte Madera, on the terms and conditions that are contained in the Memorandum of Understanding.

Adopted

AYES (13): Directors Brown, Cochran, Eddie, Hernández, Martini, McGoldrick, Moylan, Pahre, Reilly, Shahum and Stroeh; Second Vice President Boro; President Middlebrook

NOES (0): None

ABSENT (5): Directors Ammiano, Dufty, Kerns, Murray and Sandoval

b. Pending Litigation: Golden Gate Bridge, Highway and Transportation District vs. Marsh and McLennan Companies, Inc.

Mr. Miller stated that in the matter listed as Agenda Item No. 6.B.1., The District vs. Marsh and McLennan Companies, Inc ., et al., report was presented by special counsel and that this matter will be continued to the July 8, 2005 meeting of the Board of Directors.

SPECIAL ORDER OF BUSINESS

18. Authorize Preparation of a Resolution of Appreciation for First Vice President Maryanne P. Harrison, in Recognition of her Dedicated Service to the Golden Gate Bridge, Highway and Transportation District Board of Directors

Directors REILLY/MARTINI

Resolution No. 2005-060 authorizes preparation of a Resolution of Appreciation for First Vice President Maryanne P. Harrison, in recognition of her dedicated service to the Golden Gate Bridge, Highway and Transportation District Board of Directors.

Adopted

AYES (13): Directors Brown, Cochran, Eddie, Hernández, Martini, McGoldrick, Moylan, Pahre, Reilly, Shahum and Stroeh; Second Vice President Boro; President Middlebrook

NOES (0): None

ABSENT (5): Directors Ammiano, Dufty, Kerns, Murray and Sandoval

ADJOURNMENT

19. All business having been concluded, the meeting was adjourned at 11:35 a.m., in the memory of First Vice President Maryanne P. Harrison, Eunice Smith, Edith Stahl and Burt Borman.

Respectfully submitted,

/s/ Janet S. Tarantino, Secretary of the District