17-2007

GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

MEMORANDUM OF MINUTES

BOARD OF DIRECTORS MEETING

SEPTEMBER 14, 2007

 

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 14, 2007, at 10:00 a.m., President Moylan presiding.

ROLL CALL

Directors Present (17): Directors Brown, Cochran, Dufty, Eddie, Grosboll, Hernández, Kerns, McGlashan, McGoldrick, Middlebrook, Newhouse Segal, Pahre, Reilly, Sanders and Stroeh; First Vice President Boro; President Moylan

Directors Absent (2): Director Sandoval; Second Vice President Ammiano

Staff Present: General Manager Celia Kupersmith; District Engineer Denis J. Mulligan; Auditor-Controller Joseph M. Wire; Secretary of the District Janet S. Tarantino; Attorneys David J. Miller, Jerrold C. Schaefer and Kim Manolius; 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; Public Affairs Director Mary C. Currie; Marketing and Communications Director Kellee Hopper; Assistant Clerk of the Board Karen B. Engbretson

Visitors Present: Jerry Grace, Oakland Resident

PLEDGE OF ALLEGIANCE

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

PUBLIC COMMENT

Jerry Grace described his experience attending a recent meeting of the San Francisco Bay Area Water Transit Authority.

CONSENT CALENDAR

Attorney Miller advised that an amendment regarding one of the claims listed below had been received subsequent to the posting of the Agenda. Mr. Miller further advised that the matter listed on the Agenda as Item No. 5.B.2., should be acted upon as the Amended Subrogation Claim of Wilbur and Associates, P.C. (Insured: Wilfred Sumner).

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

AYES (17): Directors Brown, Cochran, Dufty, Eddie, Grosboll, Hernández, Kerns, McGlashan, McGoldrick, Middlebrook, Newhouse Segal, Pahre, Reilly, Sanders and Stroeh; First Vice President Boro; President Moylan

NOES (0): None

ABSENT (2): Director Sandoval; Second Vice President Ammiano

 

       
1.

Denial of Claims

       
  a.

Subrogation Claim of California State Automobile Association
(Insured: Nicole Levine)

Carried

  b.

Amended Subrogation Claim of Wilbur and Associates, P.C.
(Insured: Wilfred Sumner)

Carried

  c.

Claim of Shirley Hodges

Carried

       
2.

Ratify Actions by the Auditor-Controller

Resolution No. 2007-080 (Finance-Auditing Committee, August 23, 2007) ratifies actions taken by the Auditor-Controller, as follows:

       
  a.
Ratify commitments and/or expenditures for the period of July 1, 2007, through July 31, 2007, totaling $32,126.85;
   
  b.
Ratify investments made by the Auditor-Controller during the period July 17, 2007, through August 13, 2007, as follows;
       
SECURITY

PURCHASE

DATE

MATURITY
DATE
ORIGINAL
COST

PERCENT

YIELD

UBS Finance Delaware, LLC Commercial Paper
07/20/07
08/20/07
$5,988,750.86
5.28
FHLB Notes (Callable)
07/25/07
10/02/08
$3,994,320.00
5.49
Bank of America Commercial Paper
08/06/07
08/15/07
$8,045,426.50
5.26
       
  c. Authorize the Auditor-Controller to re-invest, within the established policy of the Board, investments maturing between August 14, 2007, and September 17, 2007, and all other funds not required to cover expenditures that may become available; and,
       
  d.

Accept the Investment Report for July 2007 prepared by PFM.

Adopted

       
GENERAL MANAGER'S REPORT
       
3.

Presentation of Employee of the Month Award for September 2007 to Georgia Wright, Systems Administrator, District Division

President Moylan presented the Employee of the Month Award for September 2007 to Georgia Wright, Systems Administrator, District Division, and expressed his congratulations on behalf of the Board of Directors.

       
4. Announcements
       
  a.
General Manager Celia Kupersmith announced that a baby girl had been born to Executive Assistant to the General Manager Amorette Ko and her husband Nelson Wong on September 11, 2007. Ms. Kupersmith stated that baby Allyson and the proud parents are doing fine.
       
  b.

Ms. Kupersmith provided a brief report on a recent situation regarding the filming of a commercial by the U.S. Marine Corps on the Golden Gate Bridge. She stated that inaccurate facts about the situation were presented by radio personality Michael Savage on his web site and radio show as to why and how the filming permit was denied. Ms. Kupersmith explained that the U.S. Marines requested to film the commercial during a weekday time that would have significantly impacted traffic flow and traffic safety. Consistent with District practice, they were offered an alternative weekend when traffic impacts would be minimal. They chose not to film at the alternative time offered.

The District's highest priority when it comes to issuing filming permits is the safe travel of vehicles and persons across the Golden Gate Bridge, and the District does not allow activities that can reasonably be expected to distract drivers crossing the Golden Gate Bridge near the filming location. The potential distraction associated with the proposed commercial created a serious safety concern for our daily users.

Ms. Kupersmith also noted that the District is in the process of updating its ordinance that governs such activities on the Bridge, and the proposed ordinance would not allow guns of any type (real or fake) on the Bridge except when used by law enforcement personnel as part of their duties. The proposed changes are in development by staff and will be brought to the Board for consideration in the near future.

Ms. Kupersmith further stated that Mary Currie worked with the location manager for the U.S. Marine Corps’ production company to find two alternate locations: one at Kirby Cove and one at Battery Spencer, both in the GGNRA Marin Headlands, and the commercial was successfully filmed on September 11th, with the Golden Gate Bridge displayed prominently in the commercial.

Discussion ensued, including the following:

  • Director Kerns inquired as to who had originally made the filming permit request. In response, Ms. Kupersmith stated that the request was made in early August 2007 by Larry Kelly, the location manager for the film production company hired by the U.S. Marine Corps.
  • Director McGoldrick inquired as to whether the District had any control over how the Golden Gate Bridge is depicted in commercials and films. In response, Ms. Kupersmith stated that the District cannot approve or deny a permit for filming or any form of expressive activity based on the content of that activity, but that the District could enforce the filming permit provisions in its Master Ordinance if the filming takes place on District property.
  • Director Newhouse Segal expressed her support for the manner in which Mary Currie handled the situation.
       
5.

Report on Senate Bill No. 976 Regarding the Creation of a Regional Water Emergency Transportation Authority

Ms. Kupersmith provided a report on California State Senate Bill No. 976 (SB 976), regarding the creation of a regional Water Emergency Transportation Authority. She stated that while this bill has been in development for the past year, it was recently amended and reintroduced in the California State Legislature on Friday, September 7, 2007, and subsequently passed by both the Assembly and Senate on Tuesday, September 11, 2007. She explained that SB 976 would dissolve the existing San Francisco Bay Area Water Transit Authority (WTA) and establish a new entity, the San Francisco Bay Area Water Emergency Transportation Authority (WETA). She noted that the bill transfers ownership and operation of all public transportation ferries in the San Francisco Bay Area region, with the exception of ferries owned and operated by the District. Ms. Kupersmith further stated that the new authority will be eligible for funding from more sources than the WTA is eligible for, including operating funds, and that the WETA would assume responsibility as the Bay Area Maritime Emergency Transportation Coordinator to coordinate all water transportation emergency activities in the Bay Area.

Discussion ensued, including the following:

  • Director Sanders inquired as to how it came about that the District was excluded from the legislation. In response, Ms. Kupersmith stated that over the past year, staff and legal counsel were contacted by the Bay Area Council and Senator Perata’s office about their ideas regarding changes to the current system of ferry services in the Bay Area. Staff discussed these conversations with the Board President and First Vice President and, in keeping with general Board direction given in 2002/2003 that stated the District wanted to remain in the ferry business, staff communicated the District’s desire to remain in the ferry business. The decision to exempt Golden Gate Ferry from the WETA legislation was made by the bill’s author and sponsors and reflected in the September 7th version of the bill’s language.
  • Directors Kerns, McGoldrick and Sanders expressed their concerns that the plans for Bay Area water transportation contained in SB 976 had not undergone a public process to examine the various components of the legislation and its impacts on existing Bay Area ferry agencies.
  • Director Boro commented on SB 976 from his perspective as a member of both the District Board and the WTA Board. He stated that although the legislation had been under development for a year, other ferry operators, such as Vallejo Baylink Ferry and the WTA, were not aware that this legislation would have such a direct effect on them, or the Bridge District until the final amended version was presented last week.
  • Directors McGlashan and McGoldrick requested that an item providing an analysis on how SB 976 affects the Bridge District be added to the agenda of a future meeting of the appropriate committee of the Board of Directors. In response, Ms. Kupersmith stated that staff will prepare such a report on SB 976 for presentation at a future meeting of the Governmental Affairs and Public Information Committee.
       
ATTORNEY’S REPORT
       
6.

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 two matters of pending litigation, Golden Gate Bridge, Highway and Transportation District (District) vs. Marsh and McLennan Companies, Inc., et al., and, Herbert Hoffman and Catherine Dodd vs. District, and to discuss matters related to labor negotiations with the Amalgamated Transit Union, Local No. 1575.

       
ENGINEER’S REPORT
       
7.
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. 
       
CLOSED SESSION
       
8.

Attorney’s Report

Attorney David Miller, at the request of President Moylan, stated that the Board of Directors would convene in closed session to discuss two matters of pending litigation listed on the agenda as Item No. 6.B.1.a.1., District vs. Marsh and McLennan Companies, Inc., et al., and Item No. 6.B.1.a.2., Herbert Hoffman and Catherine Dodd vs. District, and to discuss matters related to labor negotiations with the Amalgamated Transit Union, Local No. 1575, listed on the agenda as Item No. 6.B.1.b.

After closed session, President Moylan 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 discuss the matters listed above. With respect to the closed session matters, Mr. Miller reported as follows:

       
  a.

Labor Negotiations (Item No. 6.B.1.b.)

Attorney Miller stated that the Board of Directors received a report from the District’s Labor Negotiator regarding labor negotiations with the Amalgamated Transit Union, Local No. 1575, and that it would be appropriate for the Board to take the following action at this time:

       
    1.

Authorize Execution of a Memorandum of Understanding with the Amalgamated Transit Union, Local No. 1575

Directors BORO/MARTINI
Resolution No. 2007-081
authorizes execution of a Memorandum of Understanding with the Amalgamated Transit Union, Local Division No. 1575, on terms and conditions authorized by the Board of Directors during closed session at its meeting of September 14, 2007, for a six-year term, commencing March 1, 2008, subject to an automatic reopener on specified issues and by mutual agreement on other issues at the end of the third year.

Adopted

AYES (16): Directors Cochran, Dufty, Eddie, Grosboll, Hernández, Kerns, McGlashan, McGoldrick, Middlebrook, Newhouse Segal, Pahre, Reilly, Sanders and Stroeh; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (3): Directors Brown and Sandoval; Second Vice President Ammiano

       
  b.

Pending Litigation (Item Nos. 6.B.1.a.1 and 6.B.1.a.2.)

Mr. Miller stated that that the Board of Directors received reports from legal counsel with regard to the matters of District vs. Marsh and McLennan Companies, Inc., et al., and Herbert Hoffman and Catherine Dodd vs. District. He further stated that the Board of Directors provided instructions to legal counsel regarding these two matters and that no action is necessary at this time.

       
NEW BUSINESS
       
9.

Discussion Regarding Approval to Implement Phase II of the Partnership Program

Director Grosboll requested that the matter of, Discussion and Possible Action Regarding Approval to Implement Phase II of the Partnership Program, which the Governmental Affairs and Public Information Committee, at its meeting of August 24, 2007, had continued to the Board of Directors meeting of September 28, 2007, be continued for one more month to the October 26, 2007, meeting of the Board of Directors, due to the fact that several Board members will be absent at the September 28th meeting.

Discussion ensued, including the following:

  • Directors McGoldrick and Reilly also requested that the matter be postponed, and President Moylan stated that all requests would be taken into consideration at the September 28th meeting and that a decision would be made as to whether or not to further continue the matter.
       
ADJOURNMENT
       
10.
All business having been concluded, the meeting was adjourned at 11:35 a.m., in the memory of Alexander C. Scordelis, John O’Neill, George J. Landis, Rita Samuiloff, Chuck Deatrick, Don Beittel, Cristina Deely and Phil Frank.
       

Respectfully submitted,

/s/ Janet S. Tarantino
Secretary of the District