02-2006



GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

MEMORANDUM OF MINUTES

BOARD OF DIRECTORS MEETING

FEBRUARY 10, 2006

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, February 10, 2006, at 10:00 a.m., President Middlebrook presiding.

ROLL CALL

Directors Present (16): Directors Brown, Cochran, Dufty, Eddie, Hernández, Kerns, McGoldrick, Murray, Newhouse Segal, Reilly, Sandoval, Shahum and Stroeh; Second Vice President Boro; First Vice President Moylan; President Middlebrook

Directors Absent (3):  Directors Ammiano, Martini and Pahre

Staff Present: General Manager Celia G. Kupersmith; Auditor-Controller Joseph M. Wire; Secretary of the District Janet S. Tarantino; Attorney Madeline Chun; 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; Executive Assistant to the General Manager Amorette Ko; Assistant Clerk of the Board Patsy Whala; Lieutenant Rivera

Visitors Present:  Kimon Manolius, John Cu and Warren Webster; Hanson Bridgett, Vlahos and Rudy, LLP

PLEDGE OF ALLEGIANCE

First Vice President John J. Moylan led the Board of Directors in the Pledge of Allegiance to the Flag.

PUBLIC COMMENT

There was no public comment.

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 (15):  Directors Brown, Cochran, Eddie, Hernández, Kerns, McGoldrick, Murray, Newhouse Segal, Reilly, Sandoval, Shahum and Stroeh; Second Vice President Boro; First Vice President Moylan; President Middlebrook

NOES (0): None

ABSENT (4): Directors Ammiano, Dufty, Martini and Pahre

     
1.

Approve the Minutes of the Regular Meeting of the Board of Directors of January 13, 2006

Carried

     
2. Denial of Claims
     
  a.

Indemnity Claim of Nozomi Hyodo and Tomi Yasuhiko

Carried

  b.

Claim of Beatrice Lovewell

Carried

     
3.

Ratify Actions by the Auditor-Controller

Resolution No. 2006-009 (Finance-Auditing Committee, January 26, 2006) ratifies actions taken by the Auditor-Controller, as follows:
     
  a. Ratify commitments and/or expenditures totaling $29,918.71;
  b. Ratify investments made by the Auditor-Controller during the period December 6, 2005, through January 17, 2006, as follows; and,
     

 

Security

Purchase

Date

Maturity Date
Original Cost
Percent Yield
Ranger Funding Company, LLC Commercial Paper
12/28/05
01/18/06
5,524,968.70
4.2750
Federal Home Loan Bank Bonds
12/08/05
10/14/08
4,960,850.00
4.7950
Kitty Hawk Funding Corp. Commercial Paper
12/12/05
01/10/06
7,401,273.70
4.30
Ranger Funding Company, LLC Commercial Paper
12/12/05
12/15/05
3,341,816.02
4.25
GreyHawk Funding, LLC Commercial Paper
12/15/05
01/30/06
3,341,495.73
4.31
Dexia Bank, New York Branch CD
12/22/05
02/01/06
7,389,751.03
4.36
Societe Generale North American Commercial Paper
12/29/05
01/05/06
7,681,571.98
4.30
Wells Fargo Bank North American CD
12/29/05
01/11/06
5,000,000.00
4.30
Bears Stearns Company, Inc. Commercial Paper
01/05/06
01/19/06
7,687,183.78
4.28
CBA (Delaware) Finance Commercial Paper
01/10/06
02/10/06
7,426,142.75
4.34
UBS AG Stamford Connecticut CD
01/11/06
02/17/06
5,000,000.00
4.385

 

  c.
Authorize the Auditor-Controller to re-invest, within the established policy of the Board, investments maturing between January 18, 2006, and February 13, 2006, as well as the investment of all other funds not required to cover expenditures that may become available; and,
  d.

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

Adopted

     
GENERAL MANAGER'S REPORT
     
4.
Presentation of Certificates of Appreciation to District Staff for Participation in the United Way Campaign
     
 
General Manager Celia Kupersmith and Executive Assistant to the General Manager Amorette Ko presented a Certificate of Appreciation to each of the District staff, who volunteered to be donor representatives, for their assistance in the collection of $22,000 in employee donations for the 2006 United Way Campaign, and expressed their gratitude for a job well done.
     
5.
Presentation of Twenty Year Service Award to Glen Woods, Customer Service Representative, District Division
     
 
President Middlebrook presented a Twenty Year Service Award to Glen Woods, Customer Service Representative, District Division, and expressed her congratulations on behalf of the Board of Directors.  In addition, Director Brown expressed his gratitude to Mr. Woods for his assistance with Spanish translation for the passengers that attended the Public Hearing regarding the cancellation of Golden Gate Transit Route 34.
     
6.
Presentation of Employee of the Month Award for January 2006 to Monina Ramos, Administrative Assistant, Bus Division
     
 
President Middlebrook presented the Employee of the Month Award for January 2006 to Monina Ramos, Administrative Assistant, Bus Division, and expressed her congratulations on behalf of the Board of Directors.
     
ATTORNEY’S REPORT
     
7.

Attorney Chun reported that all items contained in the Attorney’s Report were informational.

Ms. Chun stated that, subsequent to posting the Agenda, the District received information pertaining to a matter of pending litigation, Noble, Keck, et. al vs. Golden Gate Bridge, Highway and Transportation District that requires Board discussion and action. Ms. Chun also stated that under the Brown Act it is permissible to add this closed session item to this meeting’s agenda upon the Board’s determination that there is a need to take immediate action. Ms. Chun requested that that the closed session be held just prior to the conclusion of the meeting.

Directors STROEH/BORO moved that the matter of, Noble, Keck, et. al vs. Golden Gate Bridge, Highway and Transportation District, be added to the agenda of the Board of Directors for consideration in closed session at its meeting of February 10, 2006, as permitted by the Brown Act, as this matter arose subsequent to the posting of the agenda and requires immediate attention.

Carried

     
 

AYES (15):    Directors Brown, Cochran, Eddie, Hernández, Kerns, McGoldrick, Murray, Newhouse Segal, Reilly, Sandoval, Shahum and Stroeh; Second Vice President Boro; First Vice President Moylan; President Middlebrook

NOES (0):   None

ABSENT (4): Directors Ammiano, Dufty, Martini and Pahre

     

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.
     
REPORT OF THE TRANSPORTATION COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF JANUARY 12, 2006
     
9. All items contained in this report are informational.
     
REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF JANUARY 12, 2006
     
10.
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 January 13, 2006.
     
REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF JANUARY 26, 2006
     
11. All Non-Consent Calendar items contained in this report are informational.
     
REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF FEBRUARY 9, 2006
     
12. Approve Renewal of the Marine Insurance Program
     
 
Directors BORO/EDDIE
Resolution No. 2006-010 approves actions relative to the renewal of the District’s Marine Insurance Program, as follows:
     
  a.
Renew the Hull and Machinery/Protection and Indemnity Insurance policy with St. Paul Travelers, with an annual aggregate deductible of $350,000 and a limit of liability of $1,000,000 at a premium of $357,701, for a one-year term, effective February 28, 2006;
  b.
Renew the Excess Marine Liability policy with American Home (AIG), New York Marine and General Insurance Company, ACE/CAN and Houston Casualty, at a premium of $122,267.50, which includes an increase in the limit of liability  from $75 million to $100 million, for a one-year term, effective February 28, 2006;
  c.
Renew the Vessel Pollution Liability policy with Water Quality Insurance Syndicate, at a premium of $4,367, for a one-year term, effective February 28, 2006; and,
  d.
Renew terrorism endorsements for the Hull & Machinery/Protection & Indemnity, with St. Paul Travelers and for the Excess Marine Liability policy, with various underwriters, for a total premium of $15,988.47, for a one-year term, effective February 28, 2006;
 

with the understanding that requisite funds are available in the FY 05/06 Ferry Division Operating budget and that requisite funds will be budgeted in the FY 06/07 Ferry Division Operating budget.

Adopted

     
  AYES (15):   Directors Brown, Cochran, Eddie, Hernández, Kerns, McGoldrick, Murray, Newhouse Segal, Reilly, Sandoval, Shahum and Stroeh; Second Vice President Boro; First Vice President Moylan; President Middlebrook
NOES (0):    None
ABSENT (4): Directors Ammiano, Dufty, Martini and Pahre
     
13.
Authorize a 76-Day Extension of the Professional Services Agreement with Claims Management, Inc., Relative to RFP No. 2001-D-1, Workers’ Compensation Third Party Administrator Services for the Self-Insured Claims Workers’ Compensation Program
     
 

Directors BORO/KERNS

Resolution No. 2006-011 authorizes execution of an amendment to the Professional Services Agreement with Claims Management, Inc., Sacramento, CA, relative to RFP No. 2001-D-1, Workers’ Compensation Third Party Administrator Services for the Self-Insured Claims Workers’ Compensation Program, to provide workers’ compensation claims adjustment and claims handling services for the Golden Gate Bridge, Highway and Transportation District, at a pro-rata fee not to exceed $84,000, for a seventy-six day extension from April 16, 2006, through June 30, 2006, under the same terms and conditions as the current agreement.

Adopted

     
  AYES (15):   Directors Brown, Cochran, Eddie, Hernández, Kerns, McGoldrick, Murray, Newhouse Segal, Reilly, Sandoval, Shahum and Stroeh; Second Vice President Boro; First Vice President Moylan; President Middlebrook
NOES (0):    None
ABSENT (4): Directors Ammiano, Dufty, Martini and Pahre
     
REPORT OF THE BUILDING AND OPERATING COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF JANUARY 26, 2006
     
14. All items contained in this report are informational.
     
REPORT OF THE RULES, POLICY AND INDUSTRIAL RELATIONS COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF FEBRUARY 10, 2006
     
15.

Approve Adoption of Master Ordinance 2006

Directors MURRAY/STROEH
Ordinance No. 2006 approves adoption of Master Ordinance 2006 and repeal Master Ordinance 2005, as well as Ordinance Nos. 2005-01 through 2005-06 and Ordinance No. 2006-01.

Adopted

     
  AYES (15):   Directors Brown, Cochran, Eddie, Hernández, Kerns, McGoldrick, Murray, Newhouse Segal, Reilly, Sandoval, Shahum and Stroeh; Second Vice President Boro; First Vice President Moylan; President Middlebrook
NOES (0):    None
ABSENT (4): Directors Ammiano, Dufty, Martini and Pahre
     
16. Approve Adoption of the 2006 Rules of the Board
     
 

Directors MURRAY/HERNÁNDEZ

Resolution No. 2006-012 approves adoption of the 2005 Rules of the Board, including amendments as adopted by the Board of Directors from January 1, 2005, through December 31, 2005.

Adopted

     
  AYES (15):   Directors Brown, Cochran, Eddie, Hernández, Kerns, McGoldrick, Murray, Newhouse Segal, Reilly, Sandoval, Shahum and Stroeh; Second Vice President Boro; First Vice President Moylan; President Middlebrook
NOES (0):   None
ABSENT (4): Directors Ammiano, Dufty, Martini and Pahre
     
CLOSED SESSION
     
17. Attorney’s Report
     
 

Attorney Madeline Chun, at the request of President Middlebrook, stated that the Board of Directors would convene in closed session to discuss with litigation counsel  Kim Manolius one matter of pending litigation, Noble, Keck, et. al vs. Golden Gate Bridge, Highway and Transportation District (District), which matter was added to this meeting’s agenda as noted above in Item No. 7.

After closed session, President Middlebrook called the meeting to order in open session, with a quorum present.  Attorney Chun reported that the Board of Directors met in closed session, as permitted by the Brown Act, for purposes of reviewing the case of Noble, Keck, et. al vs. District.  She stated that the Board has provided instructions relative to the disposition of this matter.
     
ADJOURNMENT
     
18.
All business having been concluded, the meeting was adjourned at 10:35 a.m., in the memory of Roger Grossman, Ruth Ann Granger, Marcelline Carey, Joseph Gilbert Arsenault, Louis LaLonde, Wayne A. Wattson, Betty Ruth Baggs and Francis Strachan.
     

Respectfully submitted,

/s/ Janet S. Tarantino
Secretary of the District