16-2006


GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

MEMORANDUM OF MINUTES

BOARD OF DIRECTORS MEETING

SEPTEMBER 22, 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, September 22, 2006, at 10:00 a.m., President Middlebrook presiding.

       

ROLL CALL

       
 

Directors Present (18): Directors Ammiano, Brown, Cochran, Dufty, Eddie, Grosboll, Hernández, Kerns, Martini, McGoldrick, Newhouse Segal, Pahre, Reilly, Sandoval and Stroeh; First Vice President Moylan; Second Vice President Boro; President Middlebrook

Directors Absent (1):  Director Murray

Staff Present: General Manager Celia G. Kupersmith; District Engineer Denis J. Mulligan; Auditor-Controller Joseph M. Wire; Secretary of the District Janet S. Tarantino; Attorney David J. Miller; Deputy General Manager/Ferry Division James P. Swindler; Marketing and Communications Director Kellee Hopper; Public Affairs Director Mary C. Currie; Acting Deputy General Manager/Bus Division and Maintenance Manager Gene Walker; Employee Relations and Diversity Programs Administrator Harvey Pye; Budget and Program Analysis Manager Jennifer Mennucci; Executive Assistant to the General Manager Amorette Ko; Assistant Clerk of the Board Patsy Whala; Bridge Lieutenant Dave Rivera

Visitors Present:  Mel Blaustein, M.D., Psychiatric Foundation of Northern California; Eve Meyer, San Francisco Suicide Prevention, Inc.

       

PLEDGE OF ALLEGIANCE

       
 

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

       

PUBLIC COMMENT

       
 

Public comment was received relative to Item No. 8, below.

       
CONSENT CALENDAR
       
 

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

       
 
AYES (18):    Directors Ammiano, Brown, Cochran, Dufty, Eddie, Grosboll, Hernández, Kerns, Martini, McGoldrick, Newhouse Segal, Pahre, Reilly, Sandoval and Stroeh; First Vice President Moylan; Second Vice President Boro; President Middlebrook
NOES (0):      None
ABSENT (1): Director Murray
       
1.

Approve the Minutes of the Joint Board of Directors Meeting/Workshop of September 8, 2006

Carried

       
2. Denial of Claims
       
  a.

Claim of Barbara Rooney 

                                                                                                 Carried

  b.

Claim of Tim Cooper        

                                                                                                   Carried

  c.

Claim of Olga Rodriguez   

                                                                                                Carried

  d.

Claim of Natalia De Leon     

                                                                                             Carried

       
GENERAL MANAGER'S REPORT
       
3.
Presentation of Thirty-Year Service Award to Raul Amador, Lead Bus Servicer, Bus Division
       
 

President Middlebrook presented a Thirty-Year Service Award to Raul Amador, Lead Bus Servicer, Bus Division, and expressed her congratulations on behalf of the Board of Directors.

       
ATTORNEY’S REPORT
       
4.

a.

Report by Attorney Miller
       
   

Attorney David Miller reported that all items contained in the Attorney’s Report were informational.  He noted that, with regard to Item Nos. 6.B.1.a., Labor Coalition Negotiations and 6.B.2., Approve Actions Relative to Various Memoranda of Understanding with Employee Bargaining Units Whose Contracts Expire on 6/30/06 and to Non-Represented Employees (Exclusive of the Officers of the District) Regarding Salary, Health and Welfare Benefits and Other Terms and Conditions Related to District Employment, the various unions have not yet ratified the offer presented to the Union Coalition by the Advisory Committee for Labor Relations.  He further reported that this matter will be continued, and if an agreement is reached, it will be presented to the Board of Directors for action at its meeting of October 13, 2006.

Further, Mr. Miller stated that Item No. 6.B.3., Approve a Resolution of Intention to Approve an Amendment to the Contract Between the Public Employees’ Retirement System (PERS) Board of Administration and the Golden Gate Bridge, Highway and Transportation District Board of Directors to Increase the Pension Rate from 2% at 55 to 2.5% at 55, is before the Board for action.  In addition, he stated that staff is requesting that the Board add an item to the agenda regarding a request by the International Brotherhood of Electrical Workers (IBEW), that is germane to this item, for discussion and possible action, as this matter arose subsequent to the posting of the agenda and requires immediate attention.

As background, Agenda Item No. 6.B.3., Mr. Miller advised staff, is asking the Board to approve a Resolution of Intent to amend the District’s contract with PERS to implement a change in benefit by increasing the pension rate from 2% at 55 to 2.5% at 55 and that said change has been negotiated with the union coalition.  He informed the Board that in order for the District to take advantage of the cost that has been quoted by PERS, it is essential that an action be taken by the Board to begin the process to effect this change.  Mr. Miller continued by stating that this process cannot be concluded until the following occurs:  1)  the District reaches agreements with all individual bargaining units in the union coalition; and, 2)  PERS processes the Resolution of Intent and returns their confirmation of the cost and a final resolution, which will be brought to the Board at a future date.  Mr. Miller further stated that during labor negotiations with the IBEW, it was decided that their unit be excluded from PERS and be covered under the IBEW pension plan.  This change also requires that the District submit a Resolution of Intent to PERS.  The action to increase the PERS pension rate and the action to exclude IBEW from PERS need to be handled concurrently; therefore, staff is recommending that the Board add an item to the agenda to consider an amendment to the PERS contract to exclude employees from the IBEW, as permitted under the Brown Act, since this matter arose subsequent to posting the Agenda and requires immediate action.
       
  b.
Action by the Board to Add an Item to the Agenda
       
   

Directors BROWN/STROEH moved that the matter of, Approve a Resolution of Intention to Approve an Amendment to the Contract Between the Public Employees’ Retirement System Board of Administration and the Golden Gate Bridge, Highway and Transportation District Board of Directors to Exclude Employees who are Members of the International Brotherhood of Electrical Workers, be added to the agenda of the Board of Directors for consideration at its meeting of September 22, 2006, as permitted by the Brown Act, as this matter arose subsequent to the posting of the agenda and requires immediate attention.

Carried
       
   
AYES (18):    Directors Ammiano, Brown, Cochran, Dufty, Eddie, Grosboll, Hernández, Kerns, Martini, McGoldrick, Newhouse Segal, Pahre, Reilly, Sandoval and Stroeh; First Vice President Moylan; Second Vice President Boro; President Middlebrook
NOES (0):      None
ABSENT (1): Director Murray
       
  c.
Further Discussion by Staff and Board Members
       
   
  • Mr. Miller stated that the proposed Resolution of Intent stems from the interest of the IBEW members to move into their own union pension plan and be removed from PERS.  The timing of this action is significant in that IBEW members presently are covered by PERS and their members would receive an unintended benefit under the PERS plan if the 2.5% at 55 pension rate is implemented prior to action removing the IBEW from PERS is approved.  The IBEW has agreed with this course of action and, from a standpoint of administration timing by PERS, it is important that these two actions be taken at the same time.  He noted that this action neither binds the Board nor effectuates a final action; it is simply a Resolution of Intent to allow this to occur.
       
   
  • Director McGoldrick made the following inquiries and comments:
    • He inquired as to how IBEW would benefit if the 2.5% at 55 pension rate is implemented. In response, Mr. Miller stated that, if the Board were to separately approve the 2.5% at 55 pension rate, the IBEW members would have the benefit of that increased rate; therefore, staff is recommending that the action for IBEW’s removal from PERS precede the approval of an increase to the pension rate. In addition, Ms. Kupersmith noted that the rest of the units have negotiated this benefit and will be paying 100% of the cost for this pension benefit improvement. If the electricians were not previously removed, they would have an opportunity for the increased pension rate without providing any contributions. In conclusion, she also noted that the action to amend the contract with PERS to increase the pension rate is consistent with previous Board instruction as part of the union coalition settlement.
    • He inquired if the increased pension rate will be retroactive. In response, Mr. Miller stated that the increased pension rate will not be retroactive. Ms. Kupersmith stated that the increased pension rate would cover all employees the day it becomes effective.
    • He inquired as to the degree of loss to be experienced by the District by having the IBEW excluded from the PERS system and if this change would contribute to the diminution of funds. In response, Mr. Miller stated that the District was informed that there would be a negligible impact, given the extent of the entire PERS system and the number of electricians that are on the District’s payroll.
       
   
  • Director Kerns inquired as to whether the District will incur any additional costs by allowing the IBEW to move into their union’s pension plan.  In response, Ms. Kupersmith stated that there would be no additional cost to the District; and, in fact, there would be a slight savings to the District.
       
   
  • Director Grosboll stated that, in the spirit of full disclosure, his law firm has performed work for the IBEW on its pension plan, and that he had not been previously informed by the Attorney or Staff that the action to approve a Resolution of Intent to exclude the IBEW from PERS was being considered at today’s Board meeting.
       
   
  • Director Hernandez stated that she would recuse herself from the vote on the Resolution of Intent to exclude the IBEW from PERS.
       
  d. Actions by the Board
       
    1.
Approve a Resolution of Intention to Approve an Amendment to the Contract Between the Public Employees’ Retirement System Board of Administration and the Golden Gate Bridge, Highway and Transportation District Board of Directors to Exclude Employees who are Members of the International Brotherhood of Electrical Workers
       
     

Directors MCGOLDRICK/MOYLAN
Resolution No. 2006-074 approves a Resolution of Intention to approve an amendment to the contract between the Public Employees’ Retirement System Board of Administration and the Golden Gate Bridge, Highway and Transportation District Board of Directors to exclude employees who are members of the International Brotherhood of Electrical Workers.

Adopted

       
     
AYES (17):    Directors Ammiano, Brown, Cochran, Dufty, Eddie, Grosboll, Kerns, Martini, McGoldrick, Newhouse Segal, Pahre, Reilly, Sandoval and Stroeh; First Vice President Moylan; Second Vice President Boro; President Middlebrook
NOES (0):       None
ABSENT (1):  Director Murray
ABSTAIN (1): Director Hernández
       
    2.
Approve a Resolution of Intention to Approve an Amendment to the Contract Between the Public Employees’ Retirement System Board of Administration and the Golden Gate Bridge, Highway and Transportation District Board of Directors to Increase the Pension Rate from 2% at 55 to 2.5% at 55
       
     

Directors MARTINI/MCGOLDRICK
Resolution No. 2006-075 approves a Resolution of Intention to approve an amendment to the contract between the Public Employees’ Retirement System Board of Administration and the Golden Gate Bridge, Highway and Transportation District Board of Directors to increase the pension rate from 2% at 55 to 2.5% at 55.

Adopted

       
     
AYES (18):    Directors Ammiano, Brown, Cochran, Dufty, Eddie, Grosboll, Hernández, Kerns, Martini, McGoldrick, Newhouse Segal, Pahre, Reilly, Sandoval and Stroeh; First Vice President Moylan; Second Vice President Boro; President Middlebrook
NOES (0):      None
ABSENT (1): Director Murray
       

ENGINEER’S REPORT

       
5.
District Engineer Denis Mulligan reported that all items contained in the Engineer’s Report were informational. 
       

REPORT OF THE TRANSPORTATION COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 7, 2006

       
6.
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 September 8, 2006.
       
REPORT OF THE RULES, POLICY AND INDUSTRIAL RELATIONS COMMITTEE /COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 7, 2006
       
7.
Approve a Three-Year Equal Employment Opportunity/Affirmative Action Program
       
 

Directors PAHRE/KERNS

Resolution No. 2006-076 approves a three-year Equal Employment Opportunity/Affirmative Action Program (Program), for the period of July 1, 2006 through June 30, 2009; and, authorizes staff to submit the Program to the Federal Transit Administration.

Adopted

       
 
AYES (18):    Directors Ammiano, Brown, Cochran, Dufty, Eddie, Grosboll, Hernández, Kerns, Martini, McGoldrick, Newhouse Segal, Pahre, Reilly, Sandoval and Stroeh; First Vice President Moylan; Second Vice President Boro; President Middlebrook
NOES (0):      None
ABSENT (1): Director Murray
       

REPORT OF THE BUILDING AND OPERATING COMMITTEE/COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 21, 2006

       
8.
Authorize Execution of a Professional Services Agreement with DMJM Harris, Inc., Relative to Request for Proposals (RFP) No. 2006-B-17, Environmental Studies and Preliminary Design for a Suicide Deterrent System on the Golden Gate Bridge
       
  a. Public Comment
       
   

Eve Meyer stated that the San Francisco Suicide Prevention agency addressed the Board over the past 45 years regarding the matter of installing a suicide deterrent on the Golden Gate Bridge.  She further stated that, although moving forward with the study is a “watershed moment,” it is still the first step of the process that will require careful monitoring to ensure the success of the studies.  Ms. Meyer expressed her gratitude to Directors Ammiano, Dufty, Reilly, Murray and the late Director Harrison for their support of the project, as well as to District staff for their efforts.

Dr. Mel Blaustein commended District staff and the Directors for their efforts and pledged that the Psychiatric Foundation of Northern California will continue their work to gain public support of a suicide deterrent on the Golden Gate Bridge.

       
  b. Action by the Board
       
   

Directors EDDIE/STROEH
Resolution No. 2006-077
authorizes execution of a professional services agreement with DMJM Harris, Inc., in an amount not to exceed $1,780,550, relative to Request for Proposals (RFP) No. 2006 B 17, Environmental Studies and Preliminary Design for a Suicide Deterrent System on the Golden Gate Bridge, to prepare environmental documents, as well as to perform preliminary design work, wind tunnel testing and public outreach; with the understanding that requisite funds are available in the FY 06/07 Bridge Division Capital Budget, and with the further understanding that funding for this project has been provided by the Metropolitan Transportation Commission, the City and County of San Francisco, the County of Marin, private citizen groups and the public.

Adopted

       
   
AYES (17):      Directors Ammiano, Brown, Cochran, Dufty, Eddie, Grosboll, Hernández, Kerns, McGoldrick, Newhouse Segal, Pahre, Reilly, Sandoval and Stroeh; First Vice President Moylan; Second Vice President Boro; President Middlebrook
NOES (1):       Director Martini
ABSENT (1):   Director Murray
       

MEETING OF THE GOVERNMENTAL AFFAIRS AND PUBLIC INFORMATION COMMITTEE/COMMITTEE OF THE WHOLE SEPTEMBER 22, 2006

       
9.
Approve Support of Proposition 1A – Transportation Funding Protection, Legislative Constitutional Amendment and of Proposition 1B – Highway Safety, Traffic Reduction, Air Quality and Port Security Bond Act of 2006
       
 

Directors BORO/MARTINI
Resolution No. 2006-078
approves support of Proposition 1A – Transportation Funding Protection, Legislative Constitutional Amendment, and of Proposition 1B – Highway Safety, Traffic Reduction, Air Quality and Port Security Bond Act of 2006, which will appear on the State of California November 2006 ballot.

Adopted

       
 
AYES (18):    Directors Ammiano, Brown, Cochran, Dufty, Eddie, Grosboll, Hernández, Kerns, Martini, McGoldrick, Newhouse Segal, Pahre, Reilly, Sandoval and Stroeh; First Vice President Moylan; Second Vice President Boro; President Middlebrook
NOES (0):      None
ABSENT (1): Director Murray
       
10.
Authorize Execution of a Professional Services Agreement with Clear Channel Outdoor, Inc., Relative to Request for Proposals (RFP) No. 2007-D-3, Exterior Bus Advertising Services
       
 

Directors BORO/MARTINI
Resolution No. 2006-079
authorizes execution of a Professional Services Agreement with Clear Channel Outdoor, Inc., relative to Request for Proposals (RFP) No. 2007-D-3, Exterior Bus Advertising Services, on the basis of guaranteed minimum monthly payments or 55% of net advertising revenue, whichever is greater on a monthly basis, for bus side advertising, full exterior bus wrap services and Ultra King (“Quarter”) wrap services, for a three-year term, with two one-year options exercisable at the District’s discretion.

Adopted

       
 
AYES (18):    Directors Ammiano, Brown, Cochran, Dufty, Eddie, Grosboll, Hernández, Kerns, Martini, McGoldrick, Newhouse Segal, Pahre, Reilly, Sandoval and Stroeh; First Vice President Moylan; Second Vice President Boro; President Middlebrook
NOES (0):      None
ABSENT (1): Director Murray
       

ADJOURNMENT

       
11.
All business having been concluded, the meeting, including the recess, was adjourned at 10:25 a.m. in the memory of Bruce Goecker.
   

 

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