15-2010

GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

MEMORANDUM OF MINUTES

BOARD OF DIRECTORS MEETING

AUGUST 13, 2010

 

The Board of Directors of the Golden Gate Bridge, Highway and Transportation District (District) met in regular session in the Board Room, Administration Building, Golden Gate Bridge Toll Plaza, San Francisco, CA, on Friday, August 13, 2010, at 9:00 a.m., President Boro presiding.

ROLL CALL

Directors Present (19): Directors Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Grosboll, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro

Directors Absent (0): None

Staff Present: General Manager Celia G. Kupersmith; District Engineer Denis J. Mulligan; Auditor-Controller Joseph M. Wire; District Secretary Janet S. Tarantino; Attorney David J. Miller; Deputy General Manager/Bridge Division Kary Witt; Deputy General Manager/Bus Transit Division Teri Mantony; Deputy General Manager/Ferry Transit Division James P. Swindler; Deputy General Manager/Administration and Development Z. Wayne Johnson; Public Relations Director Mary Currie; Executive Assistant to the General Manager Amorette Ko; Assistant Clerk of the Board Lona Franklin

Visitors Present: Marina Secchitano, Inlandboatmen’s Union of the Pacific; Tom Ammiano, Assemblyman, California State Assembly District No. 13; Mel Blaustein, M.D., Medical Director, Psychiatry, St. Francis Memorial Hospital; Dave Hull, Bridge Rail Foundation; Patricia Richards, Contra Costa County resident; Bob David, Consultant

PLEDGE OF ALLEGIANCE

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

PUBLIC COMMENT

There was no public comment.

CONSENT CALENDAR

Directors GROSBOLL/KERNS moved and seconded to approve the Consent Calendar. All items were approved by the following vote of the Board of Directors:

AYES (19): Directors Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Grosboll, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro

NOES (0): None

ABSENT (0): None

 

     
1. Approve the Minutes of the Following Meetings
     
  a. Finance-Auditing Committee/Committee of the Whole of July 23, 2010; and,
  b.

Regular Meeting of the Board of Directors of July 23, 2010.

Carried

     
2. Denial of Claims
     
  a.

Claim of Dawn Goodman

Carried

  b.

Claim of Itchel Alsalte

Carried

  c.

Claim of Gratia Foerster

Carried

  d.

Claim of Dania Kanafani

Carried

  e.

Claim of Jeremiah Patillo

Carried

  f.

Amended Claim of William Walker

Carried

  g.

Claim of Hussain Sabir

Carried

  h.

Claim of Laurel Ellen Fontana

Carried

  i.

Claim of Robert Dearborn

Carried

  j.

Insufficient Claim of Magda Aguilar-Rodas

Carried

  k.

Claim of Jennifer Weckerle

Carried

  l.

Claim of Ryan Bauer

Carried

  m.

Amended Subrogation Claim of California State Automobile Association (Insured: Ka Shun and Eva Ng Ng)

Carried

  n.

Claim of Morris Distributing

Carried

     
3.

Ratify Actions by the Auditor-Controller

Resolution No. 2010-067 (Finance-Auditing Committee/Committee of the Whole, July 23, 2010) ratifies actions taken by the Auditor-Controller, as follows:

  a. The Board of Directors ratifies commitments and/or expenditures totaling $46,203.00 for the period June 1, 2010, through June 30, 2010.
  b. Ratifies investments made by the Auditor-Controller during the period June 15, 2010, through July 12, 2010, as follows:
     
Security

Purchase

Date

Maturity

Date

Original

Cost

Percent

Yield

Barclays U.S. Funding Commercial Paper
6/28/2010
9/28/2010
6,354,869.50
0.50
     
  c.
Authorizes the Auditor-Controller to re-invest, within the established policy of the Board of Directors, investments maturing between July 13, 2010, and August 2, 2010, as well as the investment of all other funds not required to cover expenditures that may become available; and,
  d.

Accepts the Investment Report for June 2010, as prepared by PFM.

Adopted

     
GENERAL MANAGER’S REPORT
     
4.

Presentation of Ten-Year Service Award to Director Barbara L. Pahre

President Boro presented a Ten-Year Service Award to Director Barbara L. Pahre and expressed his congratulations on behalf of the Board of Directors.

     
5.

Presentation of Forty-Year Service Award to Lead Deckhand James Garrison, Ferry Transit Division

President Boro presented a Forty-Year Service Award to James Garrison, Lead Deckhand, Ferry Transit Division, and expressed his congratulations on behalf of the Board of Directors.

     
6.

Presentation of Twenty-Five-Year Service Award to Bus Operator Luis F. Martinez, Bus Transit Division

President Boro presented a Twenty-Five-Year Service Award to Luis F. Martinez, Bus Operator, Bus Transit Division, and expressed his congratulations on behalf of the Board of Directors.

     
7.

Presentation of Twenty-Year Service Award to Bus Mechanic Thomas F. Clark, Bus Transit Division

President Boro presented a Twenty-Year Service Award to Thomas F. Clark, Bus Mechanic, Bus Transit Division, and expressed his congratulations on behalf of the Board of Directors.

     
8.

Presentation of Twenty-Year Service Award to Administrative Assistant to the General Manager Sonia E. Pedlar, District Division

President Boro presented a Twenty-Year Service Award to Sonia E. Pedlar, Administrative Assistant to the General Manager, District Division, and expressed his congratulations on behalf of the Board of Directors.

     
ATTORNEY’S REPORT
     
9.

Attorney David J. Miller reported that all items contained in the Attorney’s Report are informational. Attorney Miller reported that the Closed Session item listed on the Agenda as Item No. 10.B. will be held just prior to the conclusion of this meeting to discuss a Public Employee Appointment, for the position of General Manager, pursuant to Government Code Section 54957(b)(1).

In addition, Mr. Miller stated that the Advisory Committee for Labor Relations (Advisory Committee) met on August 12, 2010, to discuss pending negotiations with the Amalgamated Transit Union, Local No. 1575 (ATU). He stated that it would be necessary to add a closed session item to this meeting’s agenda in order for the Board to discuss this matter of pending negotiations. For the record, Mr. Miller stated that the Brown Act allows adding items to the agenda if the item arose subsequent to the posting of a the agenda and if there is an immediate need for action.

Directors STROEH/BROWN moved and seconded that the matter of, “Pending Negotiations between the District and the Amalgamated Transit Union, Local No. 1575,” be added to the agenda of the Board of Directors for consideration in closed session at its meeting of August 13, 2010, as permitted by the Brown Act, as this matter arose subsequent to the posting of the agenda and requires immediate attention.

Carried

AYES (19): Directors Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Grosboll, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro
NOES (0): None
ABSENT (0): None

     
ENGINEER’S REPORT
     
10. a.

General Monthly Report

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

   
  b.

Status Report on Doyle Drive Reconstruction Activities

Mr. Mulligan stated that the connector from southbound Highway 101 to 19th Avenue will be closed over the weekend of August 14-15, 2010. He reported that the California Department of Transportation has mounted a public relations campaign in order to inform travelers about the closure.

     
REPORT OF THE BUILDING AND OPERATING COMMITTEE/COMMITTEE OF THE WHOLE OF AUGUST 12, 2010
     
11.
Approve Actions Relative to the Receipt of Federal Funds from the Metropolitan Transportation Commission for the Golden Gate Bridge Physical Suicide Deterrent System Project
     
  a.

Public Comment

Tom Ammiano, Assemblyman, Assembly District No. 13, thanked the Board for thoughtful deliberations and for participating as part of a team, along with the Metropolitan Transportation Commission (MTC). He stated that he felt gratified for this appropriation and that he looked forward to working with federal representatives to fund the Golden Gate Bridge Physical Suicide Deterrent System Project (Project). He stated that the process has resulted in beneficial education for the public.

Dr. Melvin Blaustein, Medical Director, Psychiatry, St. Francis Memorial Hospital, stated that, as a representative of the medical/psychiatric community in the state of California, he has seen thousands of suicides. He remarked that suicide is both treatable and preventable, and thanked the Board for addressing this topic despite its controversial nature. He requested that the District continue its efforts to complete the Project.

Patricia Richards, Contra Costa County resident, stated that her husband of 27 years and the father of their three-year-old daughter, had committed suicide by jumping from the Golden Gate Bridge on June 26, 2010, and expressed her support for the erection of a suicide deterrent on the Golden Gate Bridge.

David Hull, Bridge Rail Foundation, stated he has appeared before the Board both as the bereaved father of a suicide victim and as a representative of the Bridge Rail Foundation. He reminded the Board that more steps must be taken in the future to complete the Project. He congratulated and thanked the Board for its action.

     
  b.

Discussion by the Board

Discussion ensued, including the following comments:

  • Director Grosboll commented his appreciation that the MTC took the lead on the funding for this step in the process for the Project, and thanked Assemblyman Ammiano for his leadership in the efforts to provide funding so the District can continue to move forward with this Project.
  • Director Sanders stated her agreement with Director Grosboll’s remarks. She added that suicides create sorrow for the families of the victims, and for the employees of the District who must cope with events of this nature. She suggested that there is a nexus between funding for the Project and pedestrian tolls, noting that all users of the Golden Gate Bridge should help bear the costs, which are currently borne only by drivers.
     
  c.

Action by the Board

Directors EDDIE/STROEH
Resolution No. 2010-068
approves actions relative to the Final Design of the Golden Gate Bridge Physical Suicide Deterrent System Project, as follows:

     
    a.
Authorizes acceptance of $5 million of Federal Surface Transportation Program/Congestion Mitigation and Air Quality Improvement Program funding from the Metropolitan Transportation Commission for the Final Design of the Golden Gate Bridge Physical Suicide Deterrent System Project (Project);
    b.
Adds the Project to the FY 10/11 Bridge Division Capital Budget;
    c.
Authorizes the issuance of a Request for Proposals for the Project; and
    d.

Authorizes a budget increase in the FY 10/11 Bus Transit Division Operating Budget in the amount of $5 million, and subsequently authorize a budget transfer from the FY 10/11 Bus Transit Division Operating Budget to the FY 10/11 Bridge Division Capital Budget in the amount of $5 million, as concurred with by the Finance-Auditing Committee at its meeting of August 12, 2010.

Adopted

       
   
AYES (19): Directors Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Grosboll, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro
NOES (0): None
ABSENT (0): None
     
REPORT OF THE TRANSPORTATION COMMITTEE OF AUGUST 6, 2010
     
12.

Authorize the Setting of a Public Hearing Relative to Proposed Changes to Golden Gate Ferry Frequent Rider Fares and Schedules

At the meeting, Ms. Kupersmith stated that the public hearing on proposed changes to Golden Gate Ferry frequent rider fares and schedules is proposed to be held on October 7, 2010, in the Board Room, Administration Building, Golden Gate Bridge Toll Plaza, San Francisco, CA. She added that outreach will be done at all three ferry locations, with particular emphasis on the Sausalito and San Francisco Ferry Terminals, where the majority of ferry riders are located.

     
  a.

Public Comment

Marina Secchitano, Inlandboatmen’s Union of the Pacific, stated that the District should be sensitive to pricing for ferry fares. She noted that ferry transportation should be available to all and not be viewed as transportation for the rich. She observed that the current fare is double compared to bus fares. She requested that the Board and staff remain aware of the burden of increased pricing as public hearings take place.

     
  b.

Action by the Board

Directors COCHRAN/KERNS
Resolution No. 2010-069
authorizes the setting of a public hearing on Thursday, October 7, 2010, at 9:30 a.m., in the Board Room, Administration Building, at the Golden Gate Bridge Toll Plaza, San Francisco, CA, for the purpose of receiving public comment on:

    a.
A proposed reduction in the discount rate for the Golden Gate Ferry “Frequent Rider” Program available through the use of Clipper® cards to a standard discount of 30% from the basic adult cash fare; and,
    b.
Proposed Golden Gate Ferry schedule changes that will improve operational efficiency and generate cost savings,
   

with the understanding that any changes to Ferry Transit fares and schedules will be implemented on January 1, 2011.

Adopted

       
   
AYES (19): Directors Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Grosboll, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro
NOES (0): None
ABSENT (0): None
     
REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE OF AUGUST 12, 2010
     
13.

Authorize Execution of the Fifth Amendment to the Professional Services Agreement with GIRO, Inc., and Approve Other Actions Relative to Contract No. 97-BT-8, Purchase, Delivery, Installation and Support of Software Program for Golden Gate Transit Fixed Route Scheduling System

Directors STROEH/EDDIE
Resolution No. 2010-070
approves actions relative to Contract No. 97-BT-8, Purchase, Delivery, Installation and Support of Software Program for Golden Gate Transit Fixed Route Bus Scheduling System, as follows:

  a.
Authorize the General Manager to execute the Fifth Amendment to the Professional Services Agreement relative to Contract No. 97-BT-8, with GIRO, Inc., in an amount not to exceed $96,480.00, for HASTUS program modifications and training; and,
  b.

Authorize a budget transfer from the FY 10/11 Bridge Division Operating Budget to the FY 10/11 Bus Transit Division Operating Budget in the amount of $178,630.00, to fund the Fifth Amendment ($96,480.00), and to cover the costs of FY 10/11 HASTUS Maintenance and Support ($82,150.00).

Adopted

     
 
AYES (19): Directors Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Grosboll, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro
NOES (0): None
ABSENT (0): None
 
SPECIAL ORDER OF BUSINESS
     
14.
Authorize a Resolution of Appreciation to General Manager Celia G. Kupersmith in Recognition of Her Service at the Golden Gate Bridge, Highway and Transportation District
     
  a.

Action by the Board of Directors

Director BROWN/REILLY
Resolution 2010-071
authorized a Resolution of Appreciation to General Manager Celia G. Kupersmith in recognition of her service at the Golden Gate Bridge, Highway and Transportation District.

Adopted

AYES (19): Directors Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Grosboll, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro
NOES (0): None
ABSENT (0): None

     
  b.

Presentations

State Assemblyman Tom Ammiano presented Ms. Kupersmith with a signed Resolution from the State Assembly, stating that he had served as a member of the District’s Board of Directors when Ms. Kupersmith was selected as General Manager. He expressed his feeling that she would be missed, but noted that all must look forward to the future and new challenges. In closing, he stated that he believes the City of San Francisco will always be in her heart.

President Boro presented a Resolution of Appreciation from the District to Ms. Kupersmith and expressed his congratulations on behalf of the Board of Directors.

Ms. Kupersmith accepted the resolutions, and expressed her thanks for the opportunities provided to her by the District, adding that she has enjoyed working with Board members, as well as employees of this prestigious organization.

     
15.

CLOSED SESSION

Attorney David Miller, at the request of President Boro, stated that the Board of Directors would convene in closed session, for discussion and possible action on the public employee appointment of a new General Manager, pursuant to Government Code Section 54957(b)(1), listed on the Agenda as Item No. 10.B., and for a conference with the labor negotiator regarding pending negotiations between the District and the ATU, pursuant to Government Code Section 54957.6, added to the Agenda as Item No. 10.C.

After closed session, President Boro called the meeting to order in open session with a quorum present. Attorney Miller reported that the Board of Directors had met in closed session, as permitted by the Brown Act, to discuss the public employee appointment of the District’s General Manager and to discuss matters related to the Memorandum of Understanding with ATU. As a result, the following recommendations were presented to the Board for its consideration:

     
  a.

Authorize Execution of a Memorandum of Understanding between the Golden Gate Bridge, Highway and Transportation District and the Amalgamated Transit Union, Local No. 1575

Attorney Miller reported that the Advisory Committee for Labor Relations met on August 12, 2010, to discuss pending negotiations with the ATU and recommends that the Board approve a new Memorandum of Understanding with the ATU, subject to ratification by the ATU membership. He further reported that, if additional matters must be considered by the Board, following the vote by ATU members, those matters will be brought before the Board of Directors for its consideration at its meeting of September 10, 2010.

Directors BROWN/KERNS

Resolution No. 2010-072 authorizes execution of a Memorandum of Understanding between the Golden Gate Bridge, Highway and Transportation District and the Amalgamated Transit Union, Local No. 1575 (ATU), with the understanding that if additional matters must be considered by the Board of Directors (Board) following the vote by ATU members, those matters will be brought before the Board for its consideration at its meeting of September 10, 2010, effective upon ratification by the ATU membership.

Adopted

AYES (19): Directors Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Grosboll, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro
NOES (0): None
ABSENT (0): None

     
  b.

Approve Appointment of the General Manager

First Vice President Janet Reilly reported that the Advisory Committee for the Review of Officers of the District met on Thursday, August 5, 2010, and following interviews with in-house candidates recommends that the Board appoint Denis J. Mulligan as the General Manager.

Directors REILLY/KERNS
Resolution No. 2010-073
approves the appointment of Denis J. Mulligan as the General Manager of the Golden Gate Bridge, Highway and Transportation District, effective September 2, 2010, subject to finalization of a mutually acceptable compensation package.

Adopted

AYES (19): Directors Brown, Campos, Chu, Cochran, Dufty, Elsbernd, Grosboll, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Sanders, Snyder, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro
NOES (0): None
ABSENT (0): None

At the conclusion of the unanimous vote of the Board, the members congratulated Mr. Mulligan. In response, Mr. Mulligan stated that he was honored to be appointed as the next General Manager of the District and that he looked forward to the opportunity. He added that it is both exciting and humbling to serve the District.

     
ADJOURNMENT
     
16.
All business having been concluded, the meeting was adjourned at 10:55 a.m., in memory of Kenny Grman, Thomas Flynn, Rodger Rasmussen, Mervyn Wade Ayers, and Dr. Brian Friedmon, M.D.

 

     

 

Respectfully submitted,

s/ Janet S. Tarantino
Secretary of the District