16-2008

GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

MEMORANDUM OF MINUTES

BOARD OF DIRECTORS MEETING

AUGUST 22, 2008

 

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, August 22, 2008, at 10:00 a.m., President Moylan presiding.

ADMINISTER OATH OF OFFICE TO BRIAN SOBEL

Secretary of the District Janet S. Tarantino administered the Oath of Office to Brian Sobel, appointed to the Board of Directors of the Golden Gate Bridge, Highway and Transportation District by the Board of Supervisors of the County of Sonoma at its meeting of Tuesday, August 19, 2008, to serve as an at-large member, replacing retired Director Maureen Middlebrook. Director Sobel previously served as a Director on the District Board of Directors from March 1993 to March 1995.

Director Sobel addressed the Board and expressed his appreciation at the honor of serving on such a distinguished Board.

ROLL CALL

Directors Present (15): Directors Brown, Cochran, Eddie, Grosboll, Hernández, Kerns, McGlashan, Newhouse Segal, Pahre, Reilly, Sandoval, Sobel and Stroeh; First Vice President Boro; President Moylan

Directors Absent (4): Directors Dufty, McGoldrick and Sanders; Second Vice President Ammiano

Staff Present: General Manager Celia G. Kupersmith; District Engineer Denis Mulligan; Auditor-Controller Joseph M. Wire; Secretary of the District Janet S. Tarantino; Attorney David J. Miller; Deputy General Manager/Bridge Division Kary H. Witt; Deputy General Manager/Bus Division Teri W. Mantony; Deputy General Manager/Ferry Division James P. Swindler; Deputy General Manager/Administration and Development Division Z. Wayne Johnson; Executive Assistant to the General Manager Amorette Ko; Assistant Clerk of the Board Patsy Whala
Visitors Present: Reverend James Ward, Marin County resident; Mark Whitmer, Contra Costa County resident; Dayna Whitmer, Contra Costa County resident; Dave Hall, President, Bridge Rail Foundation; Christine Kaplan, Contra Costa County resident; Jodie Kaplan, San Francisco County resident

PLEDGE OF ALLEGIANCE

Director Harold C. Brown, Jr., led the Board of Directors in the Pledge of Allegiance to the Flag.

PUBLIC COMMENT

Reverend James Ward, commended the District’s Board of Directors regarding its fiduciary responsibilities and expressed his support of the Golden Gate Bridge Physical Suicide Deterrent System.

Mark Whitmer, expressed his support of the Golden Gate Bridge Physical Suicide Deterrent System and cited articles that demonstrate a world view that barriers are most effective in preventing impulsive suicides.

Dayna Whitmer, expressed her support of the Golden Gate Bridge Physical Suicide Deterrent System, and provided the District with an Executive Summary of the newly created Office of Suicide Prevention, as well as a petition with 461 signatures representing people worldwide expressing support of the above-mentioned system.

Dave Hall, expressed his support of the Golden Gate Bridge Physical Suicide Deterrent System and presented to each of the members of the Board of Directors a copy of the documentary film “The Bridge,” produced and directed by Eric Steele.

Christine Kaplan, expressed her support of the Golden Gate Bridge Physical Suicide Deterrent System and expressed her sorrow regarding the loss of a family member to suicide.

Jodie Kaplan, expressed her support of a physical suicide deterrent system on the Golden Gate Bridge.

CONSENT CALENDAR

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

AYES (14): Directors Brown, Cochran, Eddie, Grosboll, Kerns, McGlashan, Newhouse Segal, Pahre, Reilly, Sandoval, Sobel and Stroeh; First Vice President Boro; President Moylan

NOES (0): None

ABSENT (5): Directors Dufty, Hernández, McGoldrick and Sanders; Second Vice President Ammiano

 

         
1. Approve the Minutes of the Following Meetings:
         
  a. Rules, Policy and Industrial Relations Committee/Committee of the Whole of August 1, 2008;
  b. Transportation Committee/Committee of the Whole of August 8, 2008; and,
  c.

Regular Meeting of the Board of Directors of August 8, 2008.


Carried

         
2. Denial of Claims
         
  a.

Claim of Danea Y. Green

Carried

  b. Insufficient Claim of Walter C. Terrell

Carried

  c. Claim of Rayiesha Breaux

Carried

  d. Claim of Carl Breaux

Carried

  e. Claim Carol Cannedy

Carried

  f. Claim of Thomas F. Robertson

Carried

  g. Insufficient Claim of Kim Nguyen

Carried

  h. Amended Subrogation Claim of California State Automobile Association (Insured: John Wilkinson)

Carried

         
GENERAL MANAGER'S REPORT
         
3.

Announcement

General Manager Celia Kupersmith announced that the Auditor-Controller’s Office has provided a bound copy of the FY 08/09 Operating and Capital Budget at each of the Board members’ places at the Board table today. Further, Ms. Kupersmith stated that the District’s FY 07/08 Operating and Capital Budget received a Distinguished Budget Presentation Award by the Government Finance Officers Association (GFOA). Ms. Kupersmith commended the Budget staff for their significant achievement by producing a Budget that is highly recognized by the GFOA. Joseph Wire stated that the District had also received the GFOA recognition for presenting a comprehensive annual financial report (CAFR) for the fiscal year ended June 30, 2007. The recognition, Award of Financial Reporting Achievement, is the highest form of recognition in governmental accounting and financial reporting. Mr. Wire reported that the Accounting staff is currently preparing a CAFR for fiscal year ended FY07/08 for submission to the GFOA.

         
4.

Presentation of Thirty-Year Service Award to Jack K. Sudduth, Customer Service Representative, District Division

President Moylan presented a Thirty-Year Service Award to Jack K. Sudduth, Customer Service Representative, District Division, and expressed his congratulations on behalf of the Board of Directors.

         
5.

Presentation of Twenty-Five-Year Service Award to Margaret C. Mackay, Administrative Assistant, Ferry Division

President Moylan presented a Twenty-Five-Year Service Award to Margaret C. Mackay, Administrative Assistant, Ferry Division, and expressed his congratulations on behalf of the Board of Directors.

         
6.

Presentation of Twenty-Year Service Award to Marva K. Robinson, Bridge Sergeant, Bridge Division

President Moylan presented a Twenty-Year Service Award to Marva K. Robinson, Bridge Sergeant, Bridge Division, and expressed his congratulations on behalf of the Board of Directors.

         
7.

Presentation of Employee of the Month Award for August 2008 to Joanne Leone, Budget Analyst, District Division

President Moylan presented the Employee of the Month Award for August 2008 to Joanne Leone, Budget Analyst, District Division, and expressed his congratulations on behalf of the Board of Directors.

         
8.

Appointment of New Deputy General Manager/Administration and Development Z. Wayne Johnson

Ms. Kupersmith introduced the new Deputy General Manager/Administration and Development Z. Wayne Johnson, describing his background and welcoming him to the District.

         
9.

Proposed New Procedure for Meeting Packet Distribution for a Six-Month Trial Basis as Part of the District’s Commitment to “Going Green”

Secretary of the District Janet S. Tarantino presented to the Board a proposed new procedure for meeting packet distribution for a six-month trial basis as part of the District’s commitment to “Going Green,” as well as an example of the District Secretary Office’s (DSO) efforts to reduce the use of paper. The DSO is proposing to provide only one set of the meeting packet (agendas and corresponding staff reports) for a six-month trial basis. What this means is that the DSO will send a “hard copy” version of the Committee/Board meeting packet to each Director by mail on the Friday preceding the week of meetings. Each Director will then be responsible for bringing with them to the meetings, the meeting packet that was sent to them by mail. For the Directors who have been receiving an electronic version only of the meeting packet, it is being recommended that those Directors will also receive a “hard copy” of the meeting packet by mail. Finally, it is being recommended that each Director, who has access to a computer, will receive an electronic copy of the Committee/Board agendas only (not staff reports) on the Friday preceding the week of meetings.

She further reported that the DSO plans on continuing to provide the black binder containing the meeting information for the Board of Directors meetings, since there are oftentimes situations when certain Board of Directors materials are not sent out to the Directors by the DSO in advance, i.e., the Committees’ Summary of Actions or the entire Consent Calendar.

Finally, she stated that she will report back to the Board at the completion of the six-month trial basis with the results.

         
ATTORNEY’S REPORT
         
10.
Attorney David Miller reported that all items contained in the Attorney’s Report were informational. In addition to his written report, Mr. Miller reported that there has been a positive development in the case, Golden Gate Bridge, Highway and Transportation District v. Marsh and McLennan Companies, Inc., et al., in that the court has issued a preliminary ruling to approve the settlement recently approved by the Board, subject to a final hearing in December. The District, as well as any other parties listed in the suit that have decided to settle, will be notified by next spring or early summer as to these respective shares of funds that will be allocated to them.
         
ENGINEER’S REPORT
         
11.

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

In addition to his written report, Mr. Mulligan stated that relative to the Draft Environmental Impact Report (EIR) for the Golden Gate Bridge Physical Suicide Deterrent System, the deadline for the receipt of public comments is close of day, Monday, August 25, 2008. He further reported that staff will now finalize the summary of the public comments. Staff plans to present a report to the Building and Operating Committee (B&O) meeting at its meeting of October 23, 2008. At that time, the Board will have an opportunity to select a locally preferred alternative with respect to the environmental process. He also noted that, before the District can certify and finalize the federal environmental document with a selected build alternative, the Board will need to have a financing plan in place.

A lengthy discussion ensued regarding the project timetable, the costs associated with maintenance and operations of each of the proposed build alternatives and the analysis of the public comments. In conclusion, Ms. Kupersmith stated that staff will provide the Directors with a report, including this information, some time in advance of when the matter will be presented to the October 23, 2008, meeting of the B&O. Finally, she noted that this matter will be discussed at the Bridge Barrier Projects Advisory Committee prior to bringing before B&O for discussion.

Discussion ensued, including the following:

  • Director Sandoval inquired as to when the Golden Gate Bridge Physical Suicide Deterrent System project could begin. In response, Mr. Mulligan stated that finalizing the environmental process can take up to six months and the design phase, if funding is secured, can take twelve months.
  • Director Boro stated that the Board may wish to take up the matter of the Golden Gate Bridge Physical Suicide Deterrent System at a meeting of the Committee of the Whole in order to afford the full Board an opportunity to hear this matter, rather than discuss the matter at a committee meeting and then again at a meeting of the Board of Directors. In response, Ms. Kupersmith concurred that an issue of this significance lends itself to be presented to the full Board for discussion.
  • Director Reilly made the following comments and inquiries:
    • She inquired as to how many public comments have been received and how is the District planning to respond to these comments. In response, Mr. Mulligan stated that the District has received many public comments, both from individuals and from organizations, and these comments will be addressed as part of the environmental process.
    • She inquired as to whether the District would be conducting public hearings on the suicide deterrent, other than the public meetings that took place in Marin and San Francisco. In response, Ms. Kupersmith stated that the District has no legal requirement to do so.
  • Director Newhouse Segal inquired as to whether or not it would be appropriate for the Board to vote on a “Build/No Build” alternative first, before taking a vote on the proposed alternatives, including the “No Build” alternative. In response, Ms. Kupersmith noted that the Board can decide either to make a decision on a “Build/No Build” alternative, before selecting a specific alternative or the Board can focus on making a decision to select a locally preferred alternative. In addition, Mr. Miller stated that it is important that the upcoming decision-making process be undertaken within the context of the EIR process that was introduced by the District. He noted that at this phase of the environmental process, it is legally permissible to determine a preferred alternative, but it would be premature to bring that question to the Board separately from the environmental process.
  • Director McGlashan requested staff to provide a summary of the various psychiatric journal articles that have been submitted to the District regarding the effectiveness of physical suicide barriers. In response, Ms. Kupersmith stated that staff will extract the abstract or summary section from the various published articles and reports that have been submitted by project proponents and opponents and provide that information to the Board.
         
REPORT OF THE FINANCE-AUDITING COMMITTEE MEETING OF AUGUST 21, 2008
       
12.

Authorize Miscellaneous Budget Transfers in the FY 07/08 Operating Budget and Authorize Miscellaneous Budget Adjustments in the FY 08/09 Operating Budget

Directors STROEH/EDDIE
Resolution No. 2008-075
authorizes the following miscellaneous budget transfers to the FY 07/08 Operating Budget and miscellaneous budget adjustments to the FY 08/09 Operating Budget:

  a.
Transfers in the FY 07/08 Operating Budget in the amount of $300,000 to Ferry Professional Services and in the amount of $200,000 to Ferry Workers' Compensation, to be funded by $500,000 from Ferry Insurance;
  b.
A transfer in the FY 07/08 Operating Budget in the amount of $300,000 to Ferry Salaries and Benefits from Bridge Legal Expense;
  c.
A transfer in the FY 07/08 Operating Budget in the amount of $400,000 to Bus Salaries and Benefits from Bus Legal Expense;
  d.
Increases in the FY 08/09 Operating Budget in the amount of $150,000 for Ferry Revenues and in the amount of $150,000 for Ferry Expense; and,
  e.

An increase in the FY 08/09 Operating Budget in the amount of $514,700 for Other Operating Income.

Adopted

       
  AYES (13): Directors Brown, Cochran, Eddie, Grosboll, Hernández, McGlashan, Newhouse Segal, Pahre, Reilly, Sobel and Stroeh; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (6): Directors Dufty, Kerns, McGoldrick, Sanders and Sandoval; Second Vice President Ammiano
       
13.

Authorize a Budget Transfer from the FY 07/08 Operating Budget to the FY 07/08 Capital Budget; and, Authorize Budget Adjustments in the FY 07/08 Capital Budget for Indirect Cost and Excess District Project Management Costs, and Amend Resolution No. 2008-060

Directors STROEH/BORO
Resolution No. 2008-076
authorizes a budget transfer from the FY 07/08 Operating Budget to the FY 07/08 Capital Budget for budget authority in the amount of $214,900, and authorize a budget increase in the FY 07/08 Capital Budget in the amount of $2,661,500, for recognition of indirect costs under the Indirect Cost Allocation Program; and, amend Resolution No. 2008-060 accordingly.

Adopted

AYES (13): Directors Brown, Cochran, Eddie, Grosboll, Hernández, McGlashan, Newhouse Segal, Pahre, Reilly, Sobel and Stroeh; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (6): Directors Dufty, Kerns, McGoldrick, Sanders and Sandoval; Second Vice President Ammiano

       
ADJOURNMENT
       
14.

All business having been concluded, the meeting was adjourned at 11:18 a.m., in the memory of Thomas John Carroll.

 

 


       
       

Respectfully submitted,

/s/ Janet S. Tarantino
Secretary of the District