09-2011 GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT MEMORANDUM OF MINUTES BOARD OF DIRECTORS MEETING MAY 13, 2011 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, May 13, 2011, at 10:10 a.m., President Reilly presiding. ADMINISTER OATH OF OFFICE TO JUDY ARNOLD Secretary of the District Janet S. Tarantino administered the Oath of Office to Judy Arnold, who was appointed to serve on the Board of Directors of the Golden Gate Bridge, Highway and Transportation District by the Marin County Board of Supervisors at its meeting of April 19, 2011. Judy Arnold fills the vacancy on the Board of Directors left by the late Director Charles McGlashan. Ms. Arnold expressed her appreciation at the honor of serving on the Golden Gate Bridge, Highway and Transportation District Board of Directors. ROLL CALL Directors Present (18): Directors Arnold, Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder, Sobel, Stroeh and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly Directors Absent (1): Director Brown Staff Present: General Manager Denis Mulligan; Auditor-Controller Joseph Wire; District Secretary Janet Tarantino; District Engineer Ewa Bauer; Attorney Madeline Chun; Deputy General Manager/Bridge Division Kary Witt; Deputy General Manager/Bus Transit Division Teri Mantony; Deputy General Manager/Ferry Transit Division Jim Swindler; Public Affairs Director Mary Currie; Executive Assistant to the General Manager Amorette Ko; Assistant Clerk of the Board Lona Franklin Visitors Present: Helen Moore, District Employee; Carol Misseldine, widow of late Director Charles McGlashan; Bill and Christy McGlashan, brother and sister-in-law of Charles McGlashan; Ricky McGlashan, sister-in-law of Charles McGlashan; Dan Cliff, property owner, Stillman Street, San Francisco, CA; Jan Mathews, Marin County resident; Francis Mathews, Marin County resident; and, Stewart Kellar, San Francisco resident. PLEDGE OF ALLEGIANCE Director Albert J. Boro led the Board of Directors in the Pledge of Allegiance to the Flag. PUBLIC COMMENT Dan Cliff, owner of property on Stillman Street, San Francisco, CA, spoke in opposition to the proposed bus storage facility approved by the Board at its meeting of December 18, 2009. He stated that he is affiliated with SoMa, a San Francisco neighborhood group made up of individuals interested in the area south of Market Street. Regarding the proposed bus storage facility, he stated that the lot is located across the street from property he owns together with his brother. He stated that mitigation measures in the Environmental Impact Report (EIR) are not being followed by the District, which will lead to the District being in violation of the California Environmental Quality Act (CEQA) if underground work proceeds. He noted that the proposed facility is located in a high population area, with residences, offices and a school site; in addition, the area is used by many pedestrians. He stated that the proposed location is an especially poor choice because of low clearances, small turning radii and a high degree of congestion. He added that emissions cannot easily dissipate because of the confined area and, instead, enters into residences and offices via windows that open to the area. In addition, noise and visual impacts are great. He concluded by stating that the District should adhere to the mitigation measures in the EIR. Jan Mathews, Marin County resident, spoke in opposition to the proposed bus storage facility approved by the Board at its meeting of December 18, 2009. She indicated that the EIR requires construction of a sound wall prior to development of the site for permanent bus storage, and specifies details regarding its construction. She added that the sound wall will also function to change the dispersion of emissions from idling buses. She noted that, while the sound wall is to be designed to increase dispersion of pollution, when buses pull into traffic, they continue to emit pollution, and the amount of time they must idle prior to departure cannot be controlled as it varies with traffic conditions. She concluded by stating that the District should adhere to the mitigation measures included in the EIR. Francis Mathews, Marin County resident, spoke in opposition to the proposed bus storage facility approved by the Board at its meeting of December 18, 2009. He stated that he is involved with commercial construction. He also stated that District representatives had indicated no intention to construct a sound wall during meetings with citizen groups where he was in attendance. He submitted photographs of buses near Stillman Street. He indicated he has viewed engineering drawings, which indicate utilities will be located underground and beneath modulars. He further stated that underground utilities will lead to difficulty making future changes. He encouraged the Board to read the EIR, stating that, because 80% of the funding for the proposed lot will be federal funds, not adhering to the EIR’s requirements would put the District in jeopardy of losing that funding for the project. He submitted copies of engineering drawings that he stated would be used by the District in constructing the proposed bus storage facility. He requested that the facility not be constructed until after the sound wall has been completed. Stewart Kellar, San Francisco resident and attorney, spoke in opposition to the proposed bus storage facility approved by the Board at its meeting of December 18, 2009. He stated that the bus facility contract does not include prerequisites to construction as specified by the EIR. He stated that the EIR requires a wall 10- to 12-feet tall, and that the EIR states that an important design feature is that the wall is expected to elevate the release height of pollution dispersion, which will be important to the businesses and residences on Stillman Street. He concluded by stating that, if the bus facility construction is begun by the District without having installed a sound wall as required by the EIR, an injunction would be sought to prevent it from going forward. Remarks by General Manager Mr. Mulligan stated that the bus storage facility referred to by the speakers has not been agendized for this meeting and, therefore, cannot be discussed today. However, it will be included on a future agenda, for discussion at that time. CONSENT CALENDAR Directors STROEH/COCHRAN moved and seconded to approve the Consent Calendar. All items were approved by the following vote of the Board of Directors: AYES (18): Directors Arnold, Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder, Sobel, Stroeh and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly NOES (0): None ABSENT (1): Director Brown

1.	Approve the Minutes of the Following Meetings
	a.	Building and Operating Committee/Committee of the Whole of April 21, 2011;
	b.	Regular Meetings of the Board of Directors of April 22, 2011. Carried

2.	Denial of Claims
	a.	Claim of Jan Borromeo Smith Carried
	b.	Claim of Jonathan Smith Carried
	c.	Insufficient Claim of Nanette L. Hirschhorn Carried
	d.	Claim of Tim Artl Carried
	e.	Subrogation Claim of GEICO (Insured: Ann and Richard Senior) Carried
	f.	Subrogation Claim of AAA Northern California, Nevada and Utah Insurance Exchange (Insured: Sik Hoi Wong) Carried

3.	Ratify Actions by the Auditor-Controller Resolution No. 2011-039 (Finance-Auditing Committee/Committee of the Whole, April 21, 2011) ratifies actions taken by the Auditor-Controller, as follows:
	a.	The Board of Directors ratifies commitments and/or expenditures totaling $18,270.00 for the period March 1, 2011, through March 31, 2011;
	b.	Ratifies investments made by the Auditor-Controller during the period March 15, 2011, through April 11, 2011, as follows:

Security	Purchase Date	Maturity Date	Original Cost	Percent Yield
Bank of Nova Scotia Commercial Paper	03/18/11	06/15/11	5,162,743.27	0.26
Bank of America Corp Commercial Paper	03/18/11	04/18/11	4,999,138.89	0.20
Credit Agricole NA Commercial Paper	03/24/11	06/22/11	6,355,071.00	0.31
FHLMC Notes	03/25/11	02/25/14	4,203,701.30	1.26
Caterpillar Financial SE Corp Note	04/01/11	04/01/14	2,499,700.00	1.65
Nordea North America Commercial Paper	04/01/11	05/24/11	2,324,281.19	0.21
Societe Generale NA Commercial Paper	04/01/11	05/24/11	4,998,086.11	0.26


	c.	Authorizes the Auditor-Controller to re-invest, within the established policy of the Board of Directors, investments maturing between April 12, 2011, and May 16, 2011, 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 March 2011, as prepared by PFM. Adopted

TRIBUTE TO DIRECTOR CHARLES McGLASHAN

4.	President Reilly introduced Carol Misseldine, widow of Charles McGlashan and other members of Director McGlashan’s family, offering condolences on behalf of the Board. She stated that his intellect, wit, vision and leadership will never be forgotten. She stated that Director McGlashan cared deeply for the Golden Gate Bridge (Bridge) and all those concerned with it, and will remain in the hearts of everyone whose life he affected. General Manager Denis Mulligan stated that Charles McGlashan was a man who could meet the difficult and delicate challenges that often confront District Board members. He recalled the challenge of Doyle Drive, also known as the Presidio Parkway Project. He stated there was great conflict and numerous meetings took place at San Francisco City Hall, with elected officials from several counties. Director McGlashan worked to find a solution that would satisfy everyone, and his leadership through that difficult time allowed a compromise to be reached. Construction is now under way. He stated that Director McGlashan also helped the District avoid tolls on Doyle Drive, which the District wanted to avoid. He also stated that Director McGlashan valued the Bridge, and wanted to improve the quality of people’s lives by improving traffic flow and promoting public transportation. He concluded by stating that the District is very grateful for having had Director McGlashan on its Board. President Reilly presented a Resolution of Appreciation to Carol Misseldine, in memory of the late Director, recognizing his dedicated service on this Board from January 2007 until March 2011, as well as his Director nameplate and the notebook he used at Board meetings. Mr. Mulligan presented her with a keepsake, a mounted section of the original vertical suspender ropes, replaced in the 1970’s; and, presented Bill McGlashan with a hard-bound book about the building of the Bridge. Ms. Misseldine stated it is a great honor to accept the Resolution and the artifacts on behalf of the late, great Charles McGlashan, and thanked the Board. She stated that environmentally friendly transportation was one of his passions. He co-chaired Marin County’s pedestrian and bicycle non-motorized program, which has made bicycle and pedestrian travel easier. He was instrumental in launching the Muir Woods Shuttle in 2005, of which he was very proud. He supported and secured funding for Safe Routes to School, and he served as Chairman of the Sonoma- Marin Area Rail Transit (SMART) Board of Directors. He brought an unshakeable resolve and articulated an inspiring vision relative to alternative transportation. Bill McGlashan stated that he, like his brother, loves Marin County and that he bicycles across the Bridge three to four times a month. He added that the Bridge is a treasure, and thanked the Board on behalf of all of those who drive, ride and walk across it. He stated his pride that his brother was a strong leader who served on the District’s Board of Directors and championed bicycling and public transportation.

GENERAL MANAGER’S REPORT

5.	Presentation of Employee of the Month Award to Karen Engbretson, Worker’s Compensation and Liability Claims Administrator, District Division President Reilly presented the Employee of the Month Award to Karen Engbretson, Worker’s Compensation and Liability Claims Administrator, District Division, and expressed her congratulations on behalf of the Board of Directors.

ATTORNEY’S REPORT

6.	Attorney Madeline Chun reported that all items contained in the Attorney’s Report are informational. In addition, she reported that a Closed Session will not be necessary.

ENGINEER’S REPORT

7.	District Engineer Ewa Bauer reported that all items contained in the written Engineer’s Report are informational. As noted on the Board agenda, District Engineer Ewa Bauer reported that District staff is meeting with California Department of Transportation engineers, as well as City of San Francisco engineers, regarding the upcoming closure of Doyle Drive. She stated that the date of the closure has not yet been confirmed, although the hours of the closure are planned to begin at 10:00 p.m. on a Friday and last until 5:00 a.m. on the following Monday. She indicated that as soon as the information is available she will report it to the Board.

OTHER REPORTS

8.	There were no other reports.

REPORT OF THE TRANSPORTATION COMMITTEE/COMMITTEE OF THE WHOLE OF MAY 12, 2011

9.	Approve Implementation of Sunday Bus Service on Golden Gate Transit Route 101 on a Pilot Basis Directors COCHRAN/STROEH Resolution No. 2011-040 approves the implementation of Sunday bus service on Golden Gate Transit Route 101 on a pilot basis, for a period of nine months, effective September 11, 2011, at an estimated net cost of $224,000.00, with the understanding that funds will be included in the FY 11/12 Bus Transit Division Operating Budget. Adopted AYES (18): Directors Arnold, Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder, Sobel, Stroeh and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly NOES (0): None ABSENT (1): Director Brown

REPORT OF THE FINANCE-AUDITING COMMITTEE/COMMITTEE OF THE WHOLE OF APRIL 7, 2011

10.	Authorize the Setting of a Public Hearing for Establishing a Toll Classification for California Public Utilities Commission Certificated Providers of Regularly Scheduled Bus Transportation Services from Marin and Sonoma Counties to the San Francisco International Airport

	a.	Discussion by the Board Discussion ensued, including the following comments and inquiries: Director Cochran commented that holding a public hearing on this matter puts the District in a position of moving toward subsidizing a private company. He stated that this private company can petition the California Public Utilities Commission (CPUC) to obtain permission for a fare increase. He observed that he had checked the one-way fare for the Sonoma County Airport Express from Sonoma County to the San Francisco International Airport (SFO) and found it has increased to $34.00 per passenger. He added that the District’s financial status makes it difficult for him to understand how approval of the proposed new toll classification will benefit the District. He concluded by stating that he opposes holding a public hearing because he opposes providing lower tolls for these carriers. Director Renée commented that she finds that this is an important allowance to provide for the other transportation entities to improve their services as well as their buses, to manage the diesel emissions and apply improvements to remediate it. She stated her belief that this will be an environmental process the carriers are required to go through with the Bay Area Air Quality Management District. She stated that she would like to see this item discussed again in the future, if it is passed, to assure that the environmental process has been done. She concluded by stating that the District can phase in additional increases at a later date, but could provide these carriers the time and opportunity to implement those improvements. Director Boro commented that extensive discussion had taken place during the April 7, 2011, Finance-Auditing Committee/Committee of the Whole meeting. He stated that, although he appreciates Director Cochran’s position, he believes that holding a public hearing is appropriate. He stated that a letter was received from Grace A. Hughes, Chair of the Board of Directors of Marin Airporter, who has been working cooperatively with the District for 35 years, rents District property at Larkspur Landing, and helps the District meet part of its mission, to get vehicles off the roads. He observed that area bridges operated by the Bay Area Toll Authority waive all fees for these carriers. Director Rabbitt commented that the proposed agreement is a cooperative one between agencies to improve traffic flow. He stated that the same constituents who use Golden Gate Transit (GGT) also use the CPUC certificated providers of scheduled bus transportation from Marin and Sonoma Counties to SFO. He noted that GGT does not serve SFO. He concluded by stating that this is a policy issue regarding overall support for public transportation. Director Sobel stated his agreement with Directors Boro and Rabbitt. He observed that discussions regarding public/private partnerships often arise, and that this partnership would assist the District in meeting its goals. He stated that a public hearing should take place. He indicated that the views of Directors Cochran and Renée both have merit. Director Snyder commented that he agrees with Director Cochran regarding the wisdom of providing a subsidy to a private company. He stated that neither a special toll classification nor a small fare increase would be likely to change the number of automobiles traveling to SFO from Sonoma and Marin Counties. He added that, although he does not support a subsidy, he will vote in favor of the action before the Board because he supports the holding of public hearings, generally. President Reilly commented that Board members had deliberated and heard public comment when the District raised carpool and multi-axle tolls. She stated that no exceptions were made at that time. She indicated her feeling that discussion regarding public transportation carriers to SFO should have taken place at that time. She indicated she would not support the action before the Board.

	b.	Remarks by the General Manager Mr. Mulligan stated that, when action on multi-axle tolls was taken, staff was directed to investigate the impact of a discount for CPUC certificated providers of regularly scheduled bus transportation services from Marin and Sonoma Counties to SFO.

	c.	Action by the Board Directors STROEH/BORO Resolution No. 2011-041 authorizes the setting of a public hearing to receive testimony on a proposal to establish a toll classification for California Public Utilities Commission certificated providers of regularly scheduled bus transportation services from Marin and Sonoma Counties to San Francisco International Airport. Adopted AYES (15): Directors Arnold, Boro, Campos, Chu, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder, Sobel, Stroeh and Theriault; Second Vice President Grosboll NOES (3): Director Cochran; First Vice President Eddie; President Reilly ABSENT (1): Director Brown

	d.	Report by Secretary of the District Secretary of the District Janet Tarantino reported that the public hearing on this matter will be held on June 9, 2011 at 9:30 a.m., in the Board Room, Administration Building, Golden Gate Bridge Toll Plaza, San Francisco, CA. Publication of notices will begin on Thursday, May 19, 2011.

REPORT OF THE RULES, POLICY AND INDUSTRIAL RELATIONS COMMITTEE/COMMITTEE OF THE WHOLE OF MAY 13, 2011

11.	Approve Actions Relative to the Reorganization in the Ferry Transit Division

	a.	Public Comment Helen Moore, District employee, stated that she had commented during previous meetings, and would resubmit for this meeting the written comments that she had submitted for the previous meetings.

	b.	Action by the Board DIRECTORS PAHRE/STROEH Resolution No. 2011-042 approves actions relative to the reorganization in the Ferry Transit Division, as follows:
		a.	Eliminates the positions of: Terminal Operations Superintendent, at an annual salary of $112,320.00; Marine Superintendent, at an annual salary of $112,320.00; and, Marine Projects Manager, at an annual salary of $110,864.00;
		b.	Adds three new management positions: Director of Operations, at an annual salary of $122,990.00; Director of Engineering and Maintenance, at an annual salary of $122,990.00; and, Manager of Ferry Maintenance, at an annual salary of $102,336.00; and,
		c.	Amends the Ferry Transit Division Table of Organization accordingly;
		with the understanding that sufficient funds are available in the Ferry Transit Division Operating Budget. Adopted AYES (18): Directors Arnold, Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Rabbitt, Renée, Snyder, Sobel, Stroeh and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly NOES (0): None ABSENT (1): Director Brown

SPECIAL ORDER OF BUSINESS

12.	There was no Special Order of Business.

UNFINISHED BUSINESS

13.	There was no Unfinished Business.

NEW BUSINESS

14.	There was no New Business.

COMMUNICATIONS

15.	A copy of Communications Items is available in the Office of the District Secretary and on the District’s web site.

ADJOURNMENT

16.	All business having been concluded, the meeting was adjourned at 11:05 a.m., in memory of Omar Ahmad, Patricia Moylan Healy, Gwendolyn M. Eells, Thomas White, Joe West, Pierre Joske and Ann Merrill.

Respectfully submitted,

s/ Janet S. Tarantino
Secretary of the District