Regular Meeting of the Board of Directors of June 13, 2008.

Carried

Denial of Claims

There were no claims to be acted upon at this meeting.

Presentation of Retirement Gift to Margo DeCook, Administrative Receptionist, District Division

President Moylan presented a retirement gift to Margo DeCook, Administrative Receptionist, District Division, for twenty-three years of dedicated service, and expressed his best wishes for a long and happy retirement on behalf of the Board of Directors.

Presentation of Twenty-Year Service Award to Sheri Creer, Bridge Lieutenant, Bridge Division

President Moylan presented a Twenty-Year Service Award to Sheri Creer, Bridge Lieutenant, Bridge Division, and expressed his congratulations on behalf of the Board of Directors.

Presentation of Twenty-Year Service Award to Anthony McClure, Bus Operator, Bus Division

President Moylan presented a Twenty-Year Service Award to Anthony McClure, Bus Operator, Bus Division, and expressed his congratulations on behalf of the Board of Directors.

Approve Request for Accretion to the Bargaining Unit Represented by the International Federation of Professional and Technical Engineers, Local No. 21, AFL-CIO, for Allied Administrative, Non-Professionals in the District Division

In a memorandum to the Board of Directors, Ms. Kupersmith provided a recommendation regarding a request for accretion of the position of Receptionist to the bargaining unit of Allied Administrative, Non-Professionals in the District Division to be represented by the Federation of Professional and Technical Engineers, Local No. 21, AFL-CIO. The report stated that the Receptionist position has not been included in any recognized bargaining unit and is currently unrepresented. The report explained that the District has implemented a plan in which employees from the Engineering Department, who currently hold Office Specialist positions, will relieve the Receptionist when absent. The report also stated that with the retirement of the incumbent Receptionist, the District plans to establish a new Office Specialist position that will cover the front desk reception duties of the former Receptionist position. A copy of the report is available in the Office of the District Secretary and on the District’s web site.

Directors BROWN/KERNS
Resolution No. 2008-056 approves the request for accretion of the position of Receptionist to the bargaining unit of Allied Administrative, Non-Professionals in the District Division to be represented by the Federation of Professional and Technical Engineers, Local No. 21, AFL-CIO; with the understanding that the current position of Receptionist will be retitled to Office Specialist, which classification is represented by the bargaining unit.

Adopted

AYES (10): Directors Brown, Cochran, Eddie, Grosboll, Kerns, McGlashan, Newhouse Segal and Pahre; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (8): Directors Dufty, Hernández, McGoldrick, Reilly, Sanders, Sandoval and Stroeh; Second Vice President Ammiano

Approve Actions Relative to the Execution of a Professional Services Agreement with Environmental Science Associates Relative to Request for Proposals No. 2006 B-5, Golden Gate Bridge Seismic Retrofit Phase III, Environmental Compliance Monitoring Services

Directors EDDIE/KERNS
Resolution No. 2008-057 approves the following actions relative to Request for Proposals No. 2006-B-5, Golden Gate Bridge Seismic Retrofit Phase III, Environmental Compliance Monitoring Services:

Establish a contingency reserve fund in the amount of $30,000.

Adopted

Approve Actions Relative to the Award of Contract No. 2008-FT-8, Larkspur Ferry Terminal Parking and Access Improvements (Phase I), to Ghilotti Bros., Inc.

Directors EDDIE/BORO
Resolution No. 2008-058 approves the following actions relative to the award of Contract No. 2008-FT-8, Larkspur Ferry Terminal Parking and Access Improvements (Phase I):

Authorize a budget decrease in the FY 07/08 Ferry Transit Division Operating Budget in the amount of $560,000.

Adopted

Approve Actions Relative to the Award of Contract No. 2009-BT-2, San Rafael Bus Facility Security Improvements, to Sonoma County Builders, Inc.

Directors EDDIE/KERNS
Resolution No. 2008-059 approves the following actions relative to the award of Contract No. 2009-BT-2, San Rafael Bus Facility Security Improvements:

Authorize a budget increase in the FY 07/08 Bus Transit Division Operating Budget in the amount of $624,419, to be funded by $411,119 of Transit Security Grant Program funds and $213,300 from District reserves, subject to the concurrence of the Finance-Auditing Committee at its meeting of June 26, 2008.

Adopted

Authorize a Budget Transfer from the FY 07/08 Operating Budget to the FY 07/08 Capital Budget for Indirect Cost and Excess District Project Management Costs

Directors PAHRE/BORO
Resolution No. 2008-060 authorizes a budget transfer from the FY 07/08 Operating Budget to the FY 07/08 Capital Budget in the amount of $2,876,400, for recognition of Indirect Cost and excess District Project Management costs, to be funded with $2,661,500 of federal grant funds and $214,900 of District funds.

Adopted

AYES (10): Directors Brown, Cochran, Eddie, Grosboll, Kerns, McGlashan, Newhouse Segal and Pahre; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (8): Directors Dufty, Hernández, McGoldrick, Reilly, Sanders, Sandoval and Stroeh; Second Vice President Ammiano

Authorize a Budget Increase in the FY 07/08 Ferry Transit Division Capital Budget Relative to the Dry-Docking and Re-Powering of the M.V. Mendocino

Directors PAHRE/BORO
Resolution No. 2008-061 authorizes a budget increase in the FY 07/08 Ferry Transit Division Capital Budget in the amount of $95,000, to be funded with Federal Transit Administration grant funds, relative to the dry-docking and re-powering of the M.V. Mendocino.

Adopted

AYES (10): Directors Brown, Cochran, Eddie, Grosboll, Kerns, McGlashan, Newhouse Segal and Pahre; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (8): Directors Dufty, Hernández, McGoldrick, Reilly, Sanders, Sandoval and Stroeh; Second Vice President Ammiano

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, Robert McAvoy vs. District, listed on the Agenda as Item No. 6.B.1.a., and District v. Marsh and McLennan Companies, Inc., et al., 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 pending litigation matter of Robert McAvoy vs. District, Mr. Miller reported that the Board unanimously provided settlement authority for disposition of this matter. With respect to the pending litigation matter of District v. Marsh and McLennan Companies, Inc., et al., Mr. Miller reported that a report was provided by Counsel of the settlement of this case and that the Board of Directors has ratified the action that has been taken to effect a settlement with Marsh and McLennan Companies, Inc., in the class action litigation to which the District is a party.