13-2005

                                                                                                                                                      

GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

MEMORANDUM OF MINUTES

BOARD OF DIRECTORS MEETING

JULY 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, July 8, 2005, at 10:10 a.m., President Middlebrook presiding.

ROLL CALL
 

Directors Present (11): Directors Eddie, Martini, McGoldrick, Murray, Moylan, Pahre, Reilly, Sandoval and Stroeh; Second Vice President Boro; President Middlebrook

 

Directors Absent (7):  Director Ammiano, Brown, Cochran, Dufty, Hernández, Kerns and Shahum

[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; 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; Public Affairs Director Mary C. Currie; Planning Director Alan R. Zahradnik; Executive Assistant to the General Manager Amorette Ko; Assistant Clerk of the Board Karen B. Engbretson; Captain Locati

 

Visitors Present: Michael Lehman and Julio Ramos, Furth Firm; Jerry Grace, Oakland Resident
   

PLEDGE OF ALLEGIANCE

  Director Janet Reilly led the Board of Directors in the Pledge of Allegiance to the Flag.
   

PUBLIC COMMENT

  Jerry Grace described his positive experiences riding Golden Gate Transit (GGT) buses and ferries, as well as commended the skills of a Bus Operator who drove one of the GGT buses that served the Marin County Fair.
   

CONSENT CALENDAR

 

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

AYES (10):      Directors Eddie, Martini, Murray, Moylan, Pahre, Reilly, Sandoval, and Stroeh; Second Vice President Boro; President Middlebrook

NOES (0):       None

ABSENT (8):  Directors Ammiano, Brown, Cochran, Dufty, Hernández, Kerns, McGoldrick and Shahum

   
1.

Approve the Minutes of the Regular Meeting of the Board of Directors of June 24, 2005

Carried

2. Denial of Claims
 

1.           Insufficient Claim of Brenda R. Arvie                                                           Carried

2.           Insufficient Claim of Flora Lawson                                                               Carried

3.           Subrogation Claim of Allstate Insurance Company

(Insured: William Deane)                                                                       Carried

3.  Ratify Actions by the Auditor-Controller
 

Resolution No. 2005-061 (Finance-Auditing Committee, June 23, 2005) ratifies actions taken by the Auditor-Controller, as follows:

a. Ratify commitments and/or expenditures totaling $95,208.93;

b. Ratify investments made by the Auditor-Controller during the period May 17, 2005 through June 13, 2005, as follows; and,

Security Purchase Date Maturity Date Original Cost Percent Yield
FHLB Note 05/20/05 02/15/08 3,439,089.95 4.218
JP Morgan Note 06/13/05 01/15/08 5,032,355.56 4.0579

c. Authorize the Auditor-Controller to re-invest, within the established policy of the Board, investments maturing between June 14, 2005 and July 11, 2005, and all other funds not required to cover expenditures that may become available; and,

d. Accept the Investment Report for May 2005 prepared by Public Financial Management.

Adopted

 
   

GENERAL MANAGER'S REPORT

   
4. 

 Presentation of Retirement Gift to Ingrid Zehntner, Senior Buyer, Ferry Division

President Middlebrook presented a Retirement Gift to Ingrid Zehntner, Senior Buyer, Ferry Division, and expressed her congratulations on behalf of the Board of Directors.

   
ATTORNEY’S REPORT
   
5.  

Attorney David Miller reported that all items contained in the Attorney’s Report were informational.  Mr. Miller stated that a closed session would be held just prior to the conclusion of the meeting to discuss pending litigation, listed on the Agenda as Item 6.B.2., Golden Gate Bridge, Highway and Transportation District vs. Marsh and McLennan Companies, Inc., et al.  Mr. Miller also stated that Item No. 6.B.1, Public Employee Performance Evaluation for Officers of the District, would be continued to the July 22, 2005 meeting of the Board of Directors.  He further stated that Item No. 6.B.3, pending litigation of Maryann S. Noble, Stephen C. Noble, As Next of Kin of Megan Noble, Deceased, and Estate of Megan Noble vs. Golden Gate Bridge, Highway and Transportation District, will be continued to the July 22, 2005 meeting of the Board of Directors, as disposition of the matter is anticipated in the next two weeks either by reconsideration of the District’s motion for summary judgment or the result of a trial set to begin during the week of July 11, 2005.

 
   
ENGINEER’S REPORT
   
6.

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.

 
   
REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF JUNE 23, 2005
   
7. 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 June 24, 2005.
   
REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF JULY 7, 2005
   
8.

Authorize Budget Transfers in the FY 05/06 Budget Regarding the Distribution of the Capital Contribution

Directors STROEH/MARTINI

Resolution No. 2005-062 authorizes budget transfers in the Bridge, Bus and Ferry Divisions’ Operating Budgets for FY 05/06 that will adjust the capital reserve contribution amounts between the operating divisions as follows:  adjust the Bridge Division Capital contribution amount from $6,109,334 to $7,018,600; adjust the Bus Division Capital contribution amount from $2,125,333 to $584,600; and, adjust the Ferry Division Capital contribution amount from $765,333 to $1,396,800.

Adopted

AYES (11):      Directors Eddie, Martini, McGoldrick, Murray, Moylan, Pahre, Reilly, Sandoval, and Stroeh; Second Vice President Boro; President Middlebrook

NOES (0):        None

ABSENT (7):                 Director Ammiano, Brown, Cochran, Dufty, Hernández, Kerns and Shahum

   
9.

Authorize the Setting of a Public Hearing Relative to a Proposal to Increase the Youth Discount from 25% to 50% for Local Marin Travel on Golden Gate Transit Bus Routes

Directors STROEH/PAHRE

Resolution No. 2005-063 authorizes the setting of a public hearing on Friday, July 22, 2005, at 9:00 a.m., in the Board Room, Administration Building, Golden Gate Bridge Toll Plaza, to receive public comment on a proposal to increase the youth discount from 25% to 50% for local Marin County travel on Golden Gate Transit bus routes, resulting in a change in the youth fare from $1.50 to $1.00 per ride.

Adopted

AYES (11):      Directors Eddie, Martini, McGoldrick, Murray, Moylan, Pahre, Reilly, Sandoval, and Stroeh; Second Vice President Boro; President Middlebrook

NOES (0):        None

ABSENT (7):                 Director Ammiano, Brown, Cochran, Dufty, Hernández, Kerns and Shahum

   
REPORT OF THE BUILDING AND OPERATING COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF JUNE 23, 2005
   
10. All items contained in this report are informational, as the item requiring Board action was acted upon by the Board of Directors at their meeting of June 24, 2005.
   
REPORT OF THE MEETING OF THE GOVERNMENTAL AFFAIRS AND PUBLIC INFORMATION COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF JUNE 24, 2005
   
11.

Approve Actions Relative to the Professional Services Agreement with Viacom Outdoor, Inc., Relative to RFP No. 2002-D-1, Exterior Bus Advertising

Directors BORO/MOYLAN

Resolution No. 2005-064 approves the following actions relative to RFP No. 2002-D-1, Exterior Bus Advertising, with Viacom Outdoor Group, Inc., San Francisco, CA, as follows:

a. Authorize exercising the last one-year option term to RFP No. 2002-D-1 with Viacom Outdoor, Inc., at an annual fee of $936,000, for exterior bus side advertising, effective October 19, 2005 through October 18, 2006; and,

b. Authorize exercising the option for full bus wrap advertising at a guaranteed fee of $2,500 per bus per month, and for ultra king bus advertising at a guaranteed fee of $625 per bus per month, effective October 19, 2005 through October 18, 2006.

Adopted

AYES (11):      Directors Eddie, Martini, McGoldrick, Murray, Moylan, Pahre, Reilly, Sandoval, and Stroeh; Second Vice President Boro; President Middlebrook

NOES (0):        None

ABSENT (7):   Director Ammiano, Brown, Cochran, Dufty, Hernández, Kerns and Shahum

   
REPORT OF THE TRANSPORTATION COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF JULY 7, 2005
   
12.

Authorize the Setting of a Public Hearing Relative to the Proposed Elimination of Golden Gate Transit Regional Commute Shuttle Bus Routes 32 & 34

 

Directors EDDIE/MARTINI

Resolution No. 2005-065 authorizes the setting of a public hearing on Thursday, August 11, 2005, at 5:00 p.m., at the Whistlestop Activities Room, 930 Tamalpais Avenue, San Rafael, CA, to receive public comment on a proposal to eliminate Golden Gate Transit regional commute shuttle bus Routes 32 and 34.

Adopted

AYES (11):      Directors Eddie, Martini, McGoldrick, Murray, Moylan, Pahre, Reilly, Sandoval, and Stroeh; Second Vice President Boro; President Middlebrook

NOES (0):        None

ABSENT (7):  Director Ammiano, Brown, Cochran, Dufty, Hernández, Kerns and Shahum

   
13.

Approve Provision of Special Event Ferry Service to SBC Park on August 12 and 13, 2005

Directors STROEH/PAHRE

Resolution No. 2005-066 approves the provision of special event ferry service to SBC Park on August 12 and August 13, 2005, for the Dave Matthews Band concerts, with the understanding that revenues for this special event service will be sufficient to cover operational costs associated with providing this service.

Adopted

AYES (11):      Directors Eddie, Martini, McGoldrick, Murray, Moylan, Pahre, Reilly, Sandoval, and Stroeh; Second Vice President Boro; President Middlebrook

NOES (0):        None

ABSENT (7):  Director Ammiano, Brown, Cochran, Dufty, Hernández, Kerns and Shahum

   
REPORT OF THE ADVISORY COMMITTEE FOR NOMINATION OF OFFICERS OF THE BOARD OF DIRECTORS FOR 2005-2006 MEETING OF JULY 8, 2005
   
14.

Approve Selection of the First Vice President of the Board of Directors

Directors EDDIE/BORO

Resolution No. 2005-067 approves the selection of Director John J. Moylan as First Vice President of the Board of Directors.

Adopted

AYES (11):      Directors Eddie, Martini, McGoldrick, Murray, Moylan, Pahre, Reilly, Sandoval, and Stroeh; Second Vice President Boro; President Middlebrook

NOES (0):        None

ABSENT (7):  Director Ammiano, Brown, Cochran, Dufty, Hernández, Kerns and Shahum

   
CLOSED SESSION
   
15.

a.           Item to be Added to the Agenda

At the request of the General Manager, Attorney David Miller advised that it would be appropriate to add an additional closed session item to the July 8, 2005 Board of Directors agenda relative to security issues in response to the terrorist attacks in London on July 7, 2005, since those events occurred subsequent to the posting of the agenda.

Directors MURRAY/MARTINI moved that the closed session matter of, Conference with District Security Personnel, Government Code Section 54957, Security Issues, be added to the agenda of the Board of Directors for consideration at its meeting of July 8, 2005, as permitted by the Brown Act, as this matter arose subsequent to the posting of the agenda and requires immediate attention.

Carried

AYES (11):      Directors Eddie, Martini, McGoldrick, Murray, Moylan, Pahre, Reilly, Sandoval, and Stroeh; Second Vice President Boro; President Middlebrook

NOES (0):        None

ABSENT (7):  Director Ammiano, Brown, Cochran, Dufty, Hernández, Kerns and Shahum

   
 

b.          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 one matter of pending litigation, Golden Gate Bridge, Highway and Transportation District (District) vs. Marsh and McLennan Companies, Inc., et al., as well as to discuss security issues.

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 hear a report from the Furth Firm, LLP, the outside counsel representing the District, regarding the pending litigation matter of District vs. Marsh and McLennan Companies, Inc., et al. The Board of Directors provided instructions to the Attorney and the General Manager relative to this matter.  Mr. Miller also reported that during closed session, the Board of Directors discussed security issues related to its transit systems, and that the item will be continued for discussion in closed session at the July 22, 2005 meeting of the Board of Directors.

   
ADJOURNMENT
   
16. All business having been concluded, the meeting was adjourned at 11:25 a.m., in the memory of James Davis, Jr., and Don Head.

Respectfully submitted,              

/s/Janet S. Tarantino

Secretary of the District