14-2011

GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT

MEMORANDUM OF MINUTES

BOARD OF DIRECTORS MEETING

JULY 22, 2011

 

The Board of Directors (Board) 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, July 22, 2011, at 10:05 a.m., President Reilly presiding.

ROLL CALL

Directors Present (17): Directors Arnold, Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Renée, Snyder, Sobel, Stroeh and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly

Directors Absent (2): Directors Brown and Rabbitt

Staff Present: General Manager Denis Mulligan; Auditor-Controller Joseph Wire; 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 James Swindler; Public Affairs Director Mary Currie; Executive Assistant to the General Manager Amorette Ko; Assistant Clerk of the Board Lona Franklin;

Visitors Present: Alex Tonnison, Co-Chair Union Coalition and IFPTE Local 21; Marina Secchitano, Chair of Union Coalition – Inlandboatmen’s Union; Andy Thornley, San Francisco Bicycle Coalition; Susan Chiaroni, District Retiree; John Diamante, Threshold Environmental Center

PLEDGE OF ALLEGIANCE

First Vice President James Eddie led the Board of Directors in the Pledge of Allegiance to the Flag.

PUBLIC COMMENT

Andy Thornley, San Francisco Bicycle Coalition, stated that the long-planned closure of the west sidewalk on the Golden Gate Bridge (Bridge) has resulted in chaotic conditions on the east sidewalk. He stated that San Francisco Bicycle Coalition (Bicycle Coalition) members are stunned that there have not been more meaningful mitigation measures for this reduction of available space for non-motorized traffic on the Bridge. He stated that, while the Bicycle Coalition has tried to provide information to bicyclists, the District should develop a better strategy than using only advocate groups to inform users. He stated that he is not demanding special accommodations for bicycles, but is asking whether the District’s mission is to move cars across the strait or to move traffic of all kinds across. He stated that more meaningful engagement is needed. Bicyclists need a lane devoted to bicycle traffic. Alternatively, they could use a shuttle provided by the District. He stated that he wishes the Board and staff to facilitate all traffic, not just motorized vehicles.

CONSENT CALENDAR

     
 

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

AYES (17): Directors Arnold, Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Renée, Snyder, Sobel, Stroeh and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (0): None
ABSENT (2): Directors Brown and Rabbitt

     
1. Approve the Minutes of the Following Meetings
  a. Finance-Auditing Committee/Committee of the Whole of June 23 and July 7, 2011; and,
  b.

Regular Meeting of the Board of Directors of July 8, 2011.

Carried

     
2. Denial of Claims
     
  a.

Claim of John Vieira

Carried

  b.

Claim of Marivi S. Fornos

Carried

  c.

Claim of Jackie T. Triner

Carried

  d.

Subrogation Claim of USAA (Insured: Andrew T. Martin)

Carried

  e.

Claim of John Wagner

Carried

  f.

Claim of Juan Carlos Rodriguez

Carried

  g.

Subrogation Claim of State Farm Mutual Automobile Insurance Company (Insured: Monica M. Blake)

Carried

     
GENERAL MANAGER’S REPORT
     
3.

Award Presentations

Presentation of Retirement Gift to James M. Ruddell, Chief Bus Mechanic, Bus Transit Division


President Reilly presented a retirement gift to James M. Ruddell, Chief Bus Mechanic, Bus Transit Division, who has worked for the District for thirty-six years and five months, and expressed her best wishes for a long and happy retirement on behalf of the Board of Directors.

Presentation of Twenty-Year Service Award to Blake Lewis, Bus Operator, Bus Transit Division

President Reilly presented a Twenty-Year Service Award to Blake Lewis, Bus Operator, Bus Transit Division, and expressed her congratulations on behalf of the Board of Directors.

Presentation of Twenty-Year Service Award to Robert A. Riddell, Bus Operator, Bus Transit Division

President Reilly presented a Twenty-Year Service Award to Robert A. Riddell, Bus Operator, Bus Transit Division, and expressed her congratulations on behalf of the Board of Directors.

Presentation of Twenty-Year Service Award to Phillip L. White, Bus Operator, Bus Transit Division

President Reilly presented a Twenty-Year Service Award to Phillip L. White, Bus Operator, Bus Transit Division, and expressed her congratulations on behalf of the Board of Directors.

Presentation of Five-Year Service Award to Brian M. Sobel, Director, Board of Directors

President Reilly presented a Five-Year Service Award to Brian M. Sobel, Director, Board of Directors, and expressed her congratulations on behalf of the Board of Directors.

Presentation of Five-Year Service Award to Dick Grosboll, Second Vice President, Board of Directors

President Reilly presented a Five-Year Service Award to Dick Grosboll, Second Vice President, Board of Directors, and expressed her congratulations on behalf of the Board of Directors.

     
4.

Remarks by the General Manager

General Manager Denis Mulligan, relative to the remarks made by Andy Thornley during the Public Comment period, reported that the north anchorage housing, which is 74 years old, is being retrofitted. As part of this retrofit, the west sidewalk at the anchorage housing is being replaced. He stated that the District makes every effort to minimize impacts of the retrofit construction to all Bridge users. Except for the sidewalks over other structures of the Bridge that were replaced previously, the sidewalks over the north anchorage housing are the original sidewalks built in the 1930’s and must be replaced because of their deterioration. He acknowledged that, while maintaining bicycle and pedestrian access, the closure of the west sidewalk has caused an increase in east sidewalk congestion, especially on weekends. He noted that travelers, whether pedestrians or bicyclists, must expect to travel at a slower rate of speed. He reported that the District has noted a reduction of accidents since the closure of the west sidewalk. He added that the west sidewalk is scheduled to re-open by the end of September 2011. However, the District is working on opening it sooner. He indicated that a progress report on this work could be provided to the Transportation Committee/Committee of the Whole at its upcoming meeting on August 5, 2011.

Mr. Mulligan stated that the remaining items addressed in his written report are informational.

     
ATTORNEY’S REPORT
     
5.

Attorney Madeline Chun reported that all items contained in the Attorney’s Report are informational. Attorney Chun also reported that a Closed Session will be held just prior to the conclusion of this meeting to discuss the item listed on the Agenda as Item No. 6.B.1.a., as follows:

     
    "1 Closed Session
      a. Conference with Labor Negotiator
Pursuant to Government Code Section 54957.6
Designated Negotiator: Jerrold Schaefer, Esq.
2011 Union Coalition and Inlandboatmen’s Union of the Pacific Employment Claims.”
     
ENGINEER’S REPORT
     
6.

District Engineer Ewa Bauer reported that all items contained in the written Engineer’s Report are informational.

     
OTHER REPORTS
     
7. There were no “Other Reports.”
     
REPORT OF THE BUILDING AND OPERATING COMMITTEE/COMMITTEE OF THE WHOLE OF JULY 21, 2011
     
8.

Authorize Execution of a Right-of-Way Agreement and a Cooperative Agreement between the Golden Gate Bridge, Highway and Transportation District and the California Department of Transportation Relative to the Doyle Drive Reconstruction Project

     
  a.

Public Comment

John Diamante, Threshold Environmental Center, stated that he has not seen the staff report. He added that, in regard to the Presidio Freeway, the District and the Board know what his comments would be.

     
  b.

Action by the Board

Authorize Execution of a Right-of-Way Agreement and a Cooperative Agreement between the Golden Gate Bridge, Highway and Transportation District and the California Department of Transportation Relative to the Doyle Drive Reconstruction Project

Directors EDDIE/SOBEL
Resolution No. 2011-070 authorizes the General Manager to execute the following agreements, pertaining to the Doyle Drive Reconstruction Project (Project), with the State of California, acting through its Department of Transportation (Caltrans):

    a. A Right-of-Way Agreement, the purpose of which is to establish the basis upon which Caltrans and its selected contractor may design and construct Project improvements within the District's right-of-way in a manner that will minimize or mitigate potential impacts on the District's property and facilities; and,
    b. A Cooperative Agreement, the purpose of which is to compensate the District for provision of supplemental bus and ferry transit services as mitigation for the impacts associated with up to two full-weekend closures of Doyle Drive during the construction of the Project;
   

with the understanding that, under the Right-of-Way Agreement and the Cooperative Agreement referred to above, the District will be reimbursed for costs associated therewith.

Adopted

AYES (17): Directors Arnold, Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Renée, Snyder, Sobel, Stroeh and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (0): None

     
9.

Approve Actions Relative to the Award of Contract No. 2012-FT-1, Larkspur Ferry Terminal Security Improvements, to KCK Builders, Inc.

Directors EDDIE/ARNOLD
Resolution No. 2011-071
approves actions relative to Contract No. 2012-FT-1, Larkspur Ferry Terminal Security Improvements, as follows:

  a. Authorizes award of Contract No. 2012-FT-1 to KCK Builders, Inc., San Francisco, CA, in the amount of $275,000.00;
  b. Establishes a Contingency Fund in the amount of $27,500.00;
  c. Establishes a total project budget in the amount of $512,550.00, to be funded with $318,503.00 Transit Security Grant Program funds (62%) and $194,047.00 District reserves (38%); and,
  d.

Authorizes a budget increase in the FY 11/12 Ferry Transit Division Capital Budget, in the amount of $194,047.00, to be funded from District Reserves, as concurred with by the Finance-Auditing Committee/Committee of the Whole, at its meeting of July 21, 2011.

Adopted

     
  AYES (17): Directors Arnold, Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Renée, Snyder, Sobel, Stroeh and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (0): None
ABSENT (2): Directors Brown and Rabbitt
   
10.

Authorize Execution of a Third Amendment to the Professional Services Agreement with Booz Allen Hamilton, Inc., Relative to Request for Proposals No. 2007-BT-1, Consultant to Provide Design Services for Radio Replacement and Intelligent Transportation System

Directors EDDIE/STROEH
Resolution No. 2011-072
authorizes the execution of a Third Amendment to the Professional Services Agreement with Booz Allen Hamilton, Inc., relative to Request for Proposals No. 2007-BT-1, Consultant to Provide Design Services for Radio Replacement and Intelligent Transportation System, later renamed the Advanced Communications and Information System (ACIS), in the amount of $50,000.00, to provide additional services with regard to the performance of an ACIS Organizational Needs Study; with the understanding that requisite funds are available in the FY 11/12 District Division Capital Budget.

Adopted

AYES (17): Directors Arnold, Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Renée, Snyder, Sobel, Stroeh and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (0): None
ABSENT (2): Directors Brown and Rabbitt

   
MEETING OF THE RULES, POLICY AND INDUSTRIAL RELATIONS COMMITTEE/ COMMITTEE OF THE WHOLE OF JULY 22, 2011
   
11. Approve Actions Relative to Benefit Modifications for Non-Represented Employees and Retirees and a Wage Adjustment for Non-Represented Employees with the Exception of District Officers and Deputy General Managers
   
  a.

Public Comment

Alex Tonnison, Co-Chair Union Coalition and IFPTE Local 21, spoke in opposition to benefit changes for non-represented employees. Regarding justification for benefit changes, he stated that it appears the recommendation is being made in keeping with public sector benefit reforms throughout the nation. He stated that justifying cuts in this way does not make sense. He questioned whether the District wishes to mimic draconian cuts, such as those instituted in Michigan. He stated that, logically, if there are changes elsewhere, there should be changes here, too. He added that unions stand against these changes and they are not justified, because the District is in a different financial condition than are others. He concluded by stating that, although non-represented employees are not represented by a union, nonetheless, the unions are opposed to these changes.

Marina Secchitano, Chair of Union Coalition – Inlandboatmen’s Union, spoke in opposition to benefit changes for non-represented employees. She stated that the unions have been in bargaining against these efforts. She speculated that the District may be recommending this action in an attempt to move the Union Coalition along. She stated that progress is being made, but concerns remain about continual changes in medical benefits. Major changes have already been made to benefits. It is difficult for people who have worked here a long time to hear the reasons for making such changes. The people who are affected have already worked for the District. She stated that the Union Coalition should complete negotiations prior to the District imposing benefit changes on non-represented employees. It will take time, but it is time that should be taken. She stated that many people who will be affected by the proposed changes cannot speak out, but that it appears the District intends to take this action without talking with them first. With regard to the proposal to change pension benefits, many agencies and employees in California are in similar positions. It is unfair to levy these changes on workers who have made sacrifices, as have all of the District’s employees.

Susan Chiaroni, District Retiree, spoke in opposition to the proposed benefit changes. She stated that she is a retiree from the District, having been employed for 36 years and having retired as Deputy General Manager for the Bus Transit Division. She stated that, recently, the retirees were shocked to hear that, after having worked for the District for up to 38 years, their benefits would now be changed. She stated that retirees always knew they would retain the same benefits, but in the last 24 hours, they had heard of the proposed changes. She stated she had spoken at the Rules, Policy and Industrial Relations Committee/Committee of the Whole meeting today. She stated that she was assured that the District will talk with retirees about this. She observed that older people do not adapt well to change, and that people in their 80’s have an even harder time adjusting to change. She stated that retirees are the ambassadors of the District, and raised their families while working for the District. She requested that the Board keep in mind that the retirees still love this District, but need to be kept informed. She requested that retirees receive communication within the next 3 to 4 days, and that the District should keep retirees informed over the years. She concluded by stating that retirees want to continue to support the District.

     
  b.

Discussion by the Board

Discussion ensued, including the following comments and inquiries:

  • Director Renée made the following inquiry and comment:
    • She inquired as to the number of retirees who would be affected by the proposed changes. In response, Mr. Mulligan stated that affected persons, including their dependents, number approximately 350. He added that the change would become effective on July 1, 2012. He stated that the change is the same as that agreed to with the Bus Operators. He indicated that Bus Operators suggested this change and that an education program would be provided, similar to that provided the Bus Operators. He concluded by stating that the education program has been working well.
    • She commented that she has concerns about outreach to retirees. She suggested that the proposal be bifurcated to exclude retirees from the changes. She stated that, in its present form, she would be unable to support the proposal.
  • Director Stroeh commented that the Labor Relations Advisory Committee met on July 21, 2011, and approved the item going forward to the Board for its decision.
  • Director Theriault commented that, in view of the testimony heard today and the possibility that the Board’s decision today could affect ongoing negotiations, the Board of Directors should postpone consideration of this matter until September, when union negotiations have been completed.
  • Director Pahre commented that the Rules, Policy and Industrial Relations Committee, as well as the Labor Relations Advisory Committee, recommended approval of this proposal. She added that one of the compelling reasons to avoid delay is that pay periods and paychecks for non-represented employees would be affected negatively. She concluded by stating that the District has a history of not approving changes to take effect retroactively and a continuance is not in the best interests of the 185 non-represented employees who would be affected.
  • Director Elsbernd commented that District employees will be capped at a 7% contribution, while other public employees in the Bay Area may be required to make a larger contribution. For example, San Francisco public employees will be contributing 10-12%. He concluded by stating his view that not having to contribute more than 7% is good for District employees. In response, Mr. Mulligan stated that the California Public Employees' Retirement System (CalPERS) allows only for 2% at 60 and a maximum contribution of 7%.
  • Director Campos commented that, relative to what is happening elsewhere in the region, the proposal before the Board is reasonable. However, it would be beneficial to postpone a decision until union negotiations have been completed.
     
  c. Actions by the Board
     
    1.

Motion to Continue the Matter of, Approve Actions Relative to Benefit Modifications for Non-Represented Employees and Retirees and a Wage Adjustment for Non-Represented Employees with the Exception of District Officers and Deputy General Managers

Directors THERIAULT/CAMPOS moved to continue the matter of “Approve Actions Relative to Benefit Modifications for Non-Represented Employees and Retirees and a Wage Adjustment for Non-Represented Employees with the Exception of District Officers and Deputy General Managers,” to a Board of Directors meeting in September 2012, after union negotiations have been completed.

AYES (7): Directors Campos, Mar, Moylan, Renée, Snyder and Theriault; Second Vice President Grosboll
NOES (10): Directors Arnold, Boro, Chu, Cochran, Elsbernd, Pahre, Sobel, and Stroeh; First Vice President Eddie; President Reilly
ABSENT (2): Directors Brown and Rabbitt

Motion Failed

       
    2.

Approve Actions Relative to Benefit Modifications for Non-Represented Employees and Retirees and a Wage Adjustment for Non-Represented Employees with the Exception of District Officers and Deputy General Managers

Directors PAHRE/STROEH
Resolution No. 2011-073
approves actions relative to benefit modifications for non-represented employees and retirees and a wage adjustment for non-represented employees, with the exception of District Officers and Deputy General Managers, as follows:

      a. Approves implementation of Individual Medicare Plan and Health Reimbursement Accounts for all current and future non-bargaining unit retirees and their eligible dependents who have attained eligibility for Medicare, effective July 1, 2012, except that Medicare eligible retirees may, in the alternative, elect to enroll in the District’s Kaiser Senior Advantage Group Plan as long as Kaiser remains outside the Medicare network available under the Extend Health Exchange;
      b. Establishes a policy that non-bargaining unit employees hired on or after August 1, 2011, will not become eligible for retiree medical benefits until they reach age 60, with the understanding that all other applicable retiree medical benefit criteria will remain in full force and effect;
      c. Enunciates its intention to implement additional changes in the employee benefit programs applicable to non-bargaining unit employees, consisting of:
        1. Establishes a 2% at age 60 pension benefit for new hires based on the average salary during the employee’s final three years of employment (employees will pay 7 percent of their wages to this plan); and,
        2. Modifies the District’s medical benefit policies in the form of employee premium sharing and/or medical plan restructuring;
        with the understanding that the effective date of these changes, together with the specific details of the medical benefit policy modifications, will be determined at a future date; and,
      d. Authorizes a 2% wage increase for all non-bargaining unit employees with the exception of District officers and Deputy General Managers, effective July 25, 2011;
     

with the understanding that these changes will result in significant net savings for the District over time.

Adopted

AYES (16): Directors Arnold, Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Snyder, Sobel, Stroeh and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (1): Director Renée
ABSENT (2): Directors Brown and Rabbitt

       
12. Authorize Temporary Suspension of Master Ordinance 2010 Relative to Special Event Permits
       
  a.

Remarks by the General Manager

At the meeting, General Manager Denis Mulligan reported that the District will celebrate its 75th anniversary in 2012. The District has entered into an agreement with Golden Gate National Parks Conservancy (Conservancy). Due to the preparations and construction that will be ongoing until the 75th Anniversary Celebration is held in May 2012, staff proposes to temporarily suspend the issuance of expressive activity, special events and filing permits from May 21, 2012 through June 1, 2012. He added that the suspension is to be temporary, until the Conservancy solidifies its plans and reports back to the District. He stated that staff proposes to take this action, with the understanding that it can be changed at any time the Board wishes. A copy of the proposed Ordinance is available from the Office of the District Secretary and on the District’s web site.

     
  b.

Remarks by the Board

Discussion ensued, including the following inquiry:

  • Director Grosboll inquired as to whether, were an individual or group to apply for a permit in the near future, that application would be put into a queue so that the first application would be afforded the first permit once the suspension is lifted. Mr. Mulligan responded affirmatively.
     
  c.

Action by the Board

Authorize Temporary Suspension of Master Ordinance 2010 Relative to Special Event Permits

Directors EDDIE/STROEH
Ordinance No. 2011-003
approves the temporary suspension of Master Ordinance 2010 relative to the issuance of permits for expressive activity, special events, and filming, as follows:

    a. The issuance of permits pursuant to Section I, subsection F, Provisions Pertaining to Use of District Properties for Expressive Activities, and subsection G, Procedure for Use of District Facilities for Special Events, Filming and Other Commercial Purposes, for the conduct of activities on Bridge sidewalks and designated public areas located near the Golden Gate Bridge during the period May 21, 2012 through June 1, 2012 is temporarily suspended until further notice;
    b. The effective date of this ordinance shall be the date of its adoption; and,
    c.

If any provision of this ordinance or the application thereof to a person or circumstance is held invalid, such invalidity shall not affect any other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provision of this ordinance is severable.

Adopted

       
  AYES (17): Directors Arnold, Boro, Campos, Chu, Cochran, Elsbernd, Mar, Moylan, Pahre, Renée, Snyder, Sobel, Stroeh and Theriault; Second Vice President Grosboll; First Vice President Eddie; President Reilly
NOES (0): None
ABSENT (2): Directors Brown and Rabbitt
         
CLOSED SESSION
       
13.

Attorney Madeline Chun, at the request of President Reilly, stated that the Board of Directors would convene in Closed Session, to discuss the matters listed under Closed Session, as outlined above in Item No. 5.

After Closed Session, President Reilly called the meeting to order in Open Session with a quorum present. Attorney Chun reported that the Board of Directors had met in Closed Session, as permitted by the Brown Act, to discuss the matters listed above in Item No. 5. She reported that appropriate direction was given to the negotiator for the next steps to be taken.

     

UNFINISHED BUSINESS

     
14. There was no “Unfinished Business” to discuss.
     
NEW BUSINESS
   
15.
There was no “New Business” to discuss.
 
COMMUNICATIONS
   
16.
A copy of Board Agenda Item No. 13, “Communications,” is available from the Office of the District Secretary and on the District’s web site.
   
ADJOURNMENT
   
17.
All business having been concluded, the meeting was adjourned at 11:15 a.m., in memory of Jean Hunter, Olive Dilly, Laura Powers, Preble Louise Franklin, Steve Gutsch and Jim Mathiesen.
     
     

Respectfully submitted,

s/ Janet S. Tarantino
Secretary of the District