Directors Present (14): Directors Ammiano, Brown, Cochran, Dufty, Hernández, Kerns, Martini, Murray, Pahre, Reilly and Stroeh; Second Vice President Boro; First Vice President Moylan; President Middlebrook

Directors Absent (4):  Directors Eddie, McGoldrick, Sandoval 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; District Secretary Janet S. Tarantino; Attorneys David J. Miller and Kim Manolius; 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; Acting Auditor-Controller and Budget and Program Analysis Manager Jennifer Mennucci; Executive Assistant to the General Manager Amorette Ko; Assistant Clerk of the Board Karen B. Engbretson

PLEDGE OF ALLEGIANCE

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

PUBLIC COMMENT

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

AYES (13):         Directors Brown, Cochran, Dufty, Hernández, Kerns, Martini, Murray, Pahre, Reilly and Stroeh; Second Vice President Boro; First Vice President Moylan; President Middlebrook

NOES (0):          None

1.           Approve the Minutes of the Regular Meeting of the Board of Directors of July 8, 2005

Carried

2.           Denial of Claims

a.           Claim of Howard M. Garfield                                                                        Carried

b.           Claim of Vikki Adams                                                                                   Carried

           c.           Subrogation Claim of SAFECO Insurance Company

(Insured:  Nada Christiansen)                                                                 Carried

3.           Presentation of Retirement Gift to Richard L. Clark, Bus Operator, Bus Division

President Middlebrook presented a Retirement Gift to Richard L. Clark, Bus Operator, Bus Division, and expressed her congratulations on behalf of the Board of Directors.

President Middlebrook presented a Retirement Gift to Frances A. Vilicich, Mechanic, Bus Division, and expressed her congratulations on behalf of the Board of Directors.

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 three items as listed on the Agenda: Item No. 6.B.1., 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 (Noble vs. District); Item No. 6.B.2, Public Employee Performance Evaluation for Officers of the District; and, Item No. 6.B.3, Conference with District Security Personnel. 

David Miller introduced to the Board Attorneys Karin M. Arnold, Warren R. Webster and Shayna M. van Hoften of Hanson, Bridgett, Marcus, Vlahos and Rudy, LLP, all of whom worked on the litigation team with Attorney Kim Manolius on the matter of Noble vs. District.

7.        All 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 July 8, 2005.

8.       All 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 July 8, 2005.

9.       Authorize Execution of a Program Supplement with the State of California, Department of Transportation for Federal Capital

Grant Funds for Engineering and Environmental Studies

Directors STROEH/BROWN

Resolution No. 2005-068 authorizes the President of the Board of Directors to execute a Program Supplement to the Administering Agency–State Master Agreement for Federal-Aid Projects with the State of California, Department of Transportation, for federal funds available to support preliminary investigation activities (i.e., preliminary design and environmental studies) related to the Golden Gate Bridge Suicide Deterrent System Project.

Adopted

AYES (14):      Directors Ammiano, Brown, Cochran, Dufty, Hernández, Kerns, Martini, Murray, Pahre, Reilly and Stroeh; Second Vice President Boro; First Vice President Moylan; President Middlebrook

NOES (0):        None

ABSENT (4):   Directors Eddie, McGoldrick, Sandoval and Shahum

Directors STROEH/BROWN

Resolution No. 2005-069 approves the following actions relative to Contract No. 2006-B-6, Toll Plaza Transfer Point Improvements:

a.           Waive minor irregularities in the bid submitted by Maggiora & Ghilotti, Inc., for Contract No. 2006-B-6;

b.           Award Contract No. 2006-B-6, to Maggiora & Ghilotti, Inc., San Rafael, CA, in the amount of $942,750;

c.           Authorize a contingency fund in the amount of $94,275, equal to 10% of the contract award; and,

d.           Authorize an increase in the FY 05/06 Bridge Division Capital Budget, in the amount of $372,000, to be funded with Federal Transit Administration grant funds, as well as District matching funds that are available in the FY 05/06 Budget; as concurred with by the Finance-Auditing Committee at its meeting of July 21, 2005, and with the understanding that the total project budget will increase from $830,000 to $1,202,000.

Adopted

AYES (14):      Directors Ammiano, Brown, Cochran, Dufty, Hernández, Kerns, Martini, Murray, Pahre, Reilly and Stroeh; Second Vice President Boro; First Vice President Moylan; President Middlebrook

NOES (0):        None

ABSENT (4):   Directors Eddie, McGoldrick, Sandoval and Shahum

a.           Attorney David Miller, at the request of President Middlebrook, stated that the Board of Directors would convene in closed session to discuss three items as listed on the Agenda: Item No. 6.B.1., pending litigation of Noble vs. District; Item No. 6.B.2, Public Employee Performance Evaluation for Officers of the District; and, Item No. 6.B.3, Conference with District Security Personnel. 

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 Counsel regarding the pending litigation matter of Noble vs. District, and that the Board of Directors provided instructions to the Attorney and the General Manager relative to this matter.   Mr. Miller stated that during closed session, the Board of Directors also received a report from District security personnel regarding transit security issues, but no action was taken on this matter.

Mr. Miller further reported that during closed session, the Board of Directors received a report from the Advisory Committee for Review of Officers of the District regarding the performance evaluations of the General Manager, the District Engineer, the Auditor-Controller and the Secretary of the District.  He further reported that Chair Boro would present the Advisory Committee’s recommendations relative to those performance evaluations.

Chair Boro offered for the Board’s consideration the following proposed contract amendments for the General Manager, the District Engineer, the Auditor-Controller and the Secretary of the District, based on their respective performance evaluations:

b.       Authorize Execution of Amendments to the Employment Contracts with the General Manager, the District

Engineer, the Auditor-Controller and the Secretary of the District

Directors BORO/STROEH

Resolution No. 2005-070 authorizes execution of amendments to the Employment Contracts with the General Manager, the District Engineer, the Auditor-Controller and the Secretary of the District, based upon their FY 04/05 annual performance evaluations, incorporating the following provisions, effective July 18, 2005:

1. General Manager Celia G. Kupersmith:

a.           Approve an increase in the annual Deferred Compensation Plan contributions in the amount of $1,000;

b.           Authorize a performance merit award in the amount of $12,500; and,

c.           Establish a base salary of $205,170;

           2.  District Engineer Denis J. Mulligan:

a.           Approve an increase in the annual Deferred Compensation Plan contributions in the amount of $1,000;

b.           Authorize a performance merit award in the amount of $5,000; and,

c.           Establish a base salary of $170,416;

          3.  Auditor-Controller Joseph M. Wire:

a.           Approve an increase in the annual Deferred Compensation Plan contributions in the amount of $1,000;

b.           Establish a base salary of $158,000; and,

c.           Authorize a one-time contribution of $3,000 into the Deferred Compensation Plan and a one-time payment of $2,000 into the Supplemental Pension Plan;

              4.           Secretary of the District Janet S. Tarantino:

a.           Approve an increase in the annual deferred compensation plan contributions in the amount of $1,500; and,

b.           Establish a base salary of $126,189.

Adopted

AYES (12):      Directors Ammiano, Cochran, Dufty, Hernández, Kerns, Murray, Pahre, Reilly and Stroeh; Second Vice President Boro; First Vice President Moylan; President Middlebrook

NOES (0):        None

ABSENT (6):    Directors Brown, Eddie, Martini, McGoldrick, Sandoval and Shahum