Finance-Auditing Committee/Committee of the Whole of October 10, 2008.

Carried

Subrogation Claim of Progressive Choice Insurance Company (Insured: Geoffrey Colla)

Carried

Carried

Carried

Carried

Carried

Carried

Carried

Carried

Carried

Carried

Carried

Carried

Carried

Status Report on Conflict of Interest Code

General Manager Celia Kupersmith highlighted an item in the General Manager’s Report regarding District’s Conflict of Interest Code. She reported that staff and the Attorney for the District have determined that the Conflict of Interest Code should be amended, in accordance with California state law, to reflect (1) new positions, reclassifications and revisions to disclosure categories; and, (2) a reorganization of the disclosure categories from five to three categories. After the conclusion of a 45-day comment period from October 27, 2008, through December 10, 2008, any public comments received will be reviewed and considered for possible inclusion in the amended Conflict of Interest Code, which will be presented to the Rules, Policy and Industrial Relations Committee for its consideration and recommendation to the Board of Directors for adoption at its meeting of Friday, December 19, 2008. After adoption, the amended Conflict of Interest Code will be filed with the Fair Political Practices Commission.

Presentation of Thirty-Year Service Award to William Safina, Deckhand, Ferry Transit Division

President Moylan presented a Thirty-Year Service Award to William Safina, Deckhand, Ferry Transit Division, and expressed his congratulations on behalf of the Board of Directors.

Presentation of Twenty-Five-Year Service Award to Diane M. James, Bus Operator, Bus Transit Division

President Moylan presented a Twenty-Five-Year Service Award to Diane M. James, Bus Operator, Bus Transit Division, and expressed his congratulations on behalf of the Board of Directors.

Presentation of Twenty-Year Service Award to Thomas Hawkins, Shop/Facilities Superintendent, Bus Transit Division

President Moylan presented a Twenty-Year Service Award to Thomas Hawkins, Shop/Facilities Superintendent, Bus Transit Division, and expressed his congratulations on behalf of the Board of Directors.

Metropolitan Transportation Commission’s Award of Merit for the Muir Woods Shuttle

Celia Kupersmith reported that Golden Gate Transit’s Route 66 Muir Woods Shuttle was selected to receive an Award of Merit as part of the Metropolitan Transportation Commission’s (MTC) “Excellence in Motion” awards program. She noted that on Wednesday, October 22, 2008, at an awards ceremony held at the MTC’s offices in Oakland, Principal Planner Ron Downing, on behalf of the District, and Director Charles McGlashan, on behalf of Marin County, were present to accept the award. She offered her congratulations to both Mr. Downing and Director McGlashan for their excellent work on the Muir Woods Shuttle project.

Director McGlashan commended Director of Planning Alan Zahradnik and Mr. Downing for their adroit collaboration with the County of Marin and for all their hard work in turning the dream of shuttle service to Muir Woods into a reality. He announced that because of the success of the shuttle service, Route 66 has been formally adopted into the Marin local bus system by the Marin County Transit District. He also noted that Mr. Downing served as an outstanding spokesperson for the District at the awards ceremony.

Attorney Miller reported that all items contained in the Attorney’s Report were informational. Mr. Miller also reported that a closed session would be held just prior to the conclusion of the meeting to discuss matters related to public employee performance evaluation and labor negotiations regarding an Employment Agreement extension for the General Manager.

Mr. Miller advised that the matter listed on the Agenda as Item No. 5.B.7., Insufficient Claim of Michael H. Briggs, should be acted upon as Amended Claim of Michael H. Briggs, as new information relative to the claim had been received subsequent to the posting of the Agenda. He further advised that the vote previously taken on the Consent Calendar would need to be rescinded, and a new vote taken to deny the Amended Claim of Michael H. Briggs on its merits.

Directors McGOLDRICK/EDDIE moved to rescind the vote previously taken relative to approval of the Consent Calendar.

Carried

AYES (16): Directors Brown, Cochran, Dufty, Eddie, Grosboll, Hernández McGlashan, McGoldrick, Newhouse Segal, Pahre, Reilly, Sanders, Sobel and Stroeh; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (3): Directors Kerns and Sandoval; Second Vice President Ammiano

Directors STROEH/COCHRAN moved to deny the Amended Claim of Michael H. Briggs on its merits, and to approve the Consent Calendar as so amended.

Carried

AYES (16): Directors Brown, Cochran, Dufty, Eddie, Grosboll, Hernández McGlashan, McGoldrick, Newhouse Segal, Pahre, Reilly, Sanders, Sobel and Stroeh; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (3): Directors Kerns and Sandoval; Second Vice President Ammiano

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

Discussion ensued, including the following:

• Director Sanders made the following inquiries:

  • She requested clarification regarding funding for the Golden Gate Bridge Physical Suicide Deterrent System Project, specifically as to the timeframe for completing the necessary steps of a Final Environmental Impact Report, particularly as pertains to project funding. In response, Mr. Mulligan stated that the action taken by the Board of Directors at its October 10, 2008, meeting to select the Net Build Alternative as the Locally Preferred Alternative, included direction to staff to report back to the Board at a convenient time regarding a financial plan for the project. He described the MTC’s RTP and TIP, noting that these documents reflect all of the funded projects in the Bay Area Region, and that those projects get included either because MTC provides funding or because some other organization provides funding. He further stated that the Federal Highway Administration, in order to approve the federal environmental clearance, requires that a project be funded as demonstrated by inclusion in the RTP and TIP documents. At this time, staff has not yet put together a proposed financial plan or located a source of revenue. He noted that at some point between the present time and April 2009, when it is anticipated that the environmental studies will be concluded, staff will need to develop a realistic financial plan that can pass muster with the appropriate agencies, if the project is to proceed to the next step. He concluded by saying that Director Ammiano has committed to seeking funding from the State of California if he is elected to the State Assembly.
  • She inquired as to what would happen if the funding is not secured. In response, Mr. Mulligan described the steps required for environmental clearance by both the California Environmental Quality Act (CEQA) and the federal National Environmental Policy Act (NEPA). Specifically, he advised that under NEPA, a funding plan must be in place as a prerequisite to final environmental certification.

• Director Grosboll inquired as to what would happen if the State Legislature somehow were to allocate funding for the project. In response, Mr. Mulligan stated that such a scenario would solve the funding problem. He also stated that in such a case, staff could approach the MTC with the State of California funding documents, after which the MTC would then prepare a technical amendment to the TIP. He noted that since the Golden Gate Bridge Physical Suicide Deterrent System Project does not have any air quality impacts, this amendment would be considered an administrative amendment that would not take very long to process.

• Director Hernández inquired as to the status of Contract No. 2008-BT-2, San Rafael District Administration Building HVAC Improvements, noting that she had expressed concerns regarding the selected contractor, Best Contracting Services, Inc., when the contract had been awarded in May 2008. In response, Mr. Mulligan stated that Director Hernández’ concerns had come to fruition, because there have been some challenges with the project related to the Contractor. He further stated that although the Contractor is fully licensed and bonded, and was deemed a responsive and responsible bidder at the time of the bid opening, the District anticipates having to assess some significant liquidated damages for Contract No. 2008-BT-2.

Directors STROEH/BROWN moved and seconded to amend the original recommendation to hold the public hearing on Friday, November 21, 2008, at 9:30 a.m., rather than on Thursday, November 20, 2008, at 9:30 a.m.

Carried

AYES (16): Directors Brown, Cochran, Dufty, Eddie, Grosboll, Hernández McGlashan, McGoldrick, Newhouse Segal, Pahre, Reilly, Sanders, Sobel and Stroeh; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (3): Directors Kerns and Sandoval; Second Vice President Ammiano

Directors STROH/BROWN

Resolution No. 2008-091 authorizes the setting of a public hearing on Friday, November 21, 2008, at 9:30 a.m., in the Board Room, Administration Building, Golden Gate Bridge Toll Plaza, San Francisco, CA, to receive public comment on a proposal to: (1) Redeploy unproductive commute service from Routes 8, 9, 60 and 75 to address overcrowding on other routes; and, (2) Reconfigure regional basic service on Routes 10 and 80 to improve travel times and service productivity; and, approve the guideline of assigning high-capacity buses to trips averaging more than 35 passengers per trip, effective immediately.

Adopted

AYES (16): Directors Brown, Cochran, Dufty, Eddie, Grosboll, Hernández McGlashan, McGoldrick, Newhouse Segal, Pahre, Reilly, Sanders, Sobel and Stroeh; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (3): Directors Kerns and Sandoval; Second Vice President Ammiano

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

Directors EDDIE/STROEH
Resolution No. 2008-092 approves the following actions relative to Contract No. 2008 FT-8, Larkspur Ferry Terminal Parking and Access Improvements (Phase I), with Ghilotti Bros., Inc., as follows:

Authorize a budget increase in FY 08/09 Ferry Transit Division Capital Budget in the amount $200,000 to be funded with $160,000 Federal Transit Administration funds and $40,000 from District reserves, to establish a total project budget of $2,170,000 (80% Federal, 20% District), as concurred with by the Finance-Auditing Committee at its meeting of October 23, 2008.

Adopted

Authorize Execution of a Professional Services Agreement with SST Benefits Consulting & Insurance Services, Inc., Relative to Request for Proposals No. 2009 D-5, Deferred Compensation (IRC Section 457) Consultant Services

Directors STROEH/EDDIE
Resolution No. 2008-093 authorizes execution of a Professional Services Agreement with SST Benefits Consulting & Insurance Services, Inc., Los Altos, CA, relative to Request for Proposals No. 2009-D-5, Deferred Compensation (IRC Section 457) Consultant Services, in the amount of $66,400, for a five-year term, effective November 17, 2008; with the understanding that requisite funds (100% District) are available in the FY 08/09 District Division Operating Budget, and with the further understanding that requisite funds for the remaining years of the project will be included in the Operating Budgets for future fiscal years.

Adopted

AYES (16): Directors Brown, Cochran, Dufty, Eddie, Grosboll, Hernández McGlashan, McGoldrick, Newhouse Segal, Pahre, Reilly, Sanders, Sobel and Stroeh; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (3): Directors Kerns and Sandoval; Second Vice President Ammiano

Authorize Execution of an Amendment to Contract No. 2005-D-6, Revenue Collection, with Securitas Security Services USA, Inc., Relative to an Extension of the Contract Term

Directors STROEH/COCHRAN
Resolution No. 2008-094 authorizes execution of a second amendment to Contract No. 2005-D-6, Revenue Collection, with Securitas Security Services USA, Inc., Sacramento, CA, in an amount not to exceed $78,953, for a contract extension not to exceed 18 months, effective November 1, 2008, to April 30, 2010, subject to a cost adjustment of up to five percent on May 1, 2009; with the understanding that requisite funds are available in the FY 08/09 Bus Transit and Ferry Transit Division Operating Budgets, and that requisite funds for the remainder of the 18-month extension will be included in the FY 09/10 Bus Transit and Ferry Transit Division Operating Budgets.

Adopted

AYES (16): Directors Brown, Cochran, Dufty, Eddie, Grosboll, Hernández McGlashan, McGoldrick, Newhouse Segal, Pahre, Reilly, Sanders, Sobel and Stroeh; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (3): Directors Kerns and Sandoval; Second Vice President Ammiano

Approve Amendments to the Table of Organization within the Administration Division

Directors PAHRE/STROEH
Resolution No. 2008-095 approves the following actions relative to the Table of Organization:

Amend the Table of Organization accordingly.

Adopted

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 matters related to the public employee performance evaluation and labor negotiations regarding an Employment Agreement extension for the General Manager, listed on the agenda as Item No. 6.B.1.

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, and received a report from the Chair of the Advisory Committee for Review of Officers of the District offering the following recommendations as relates to the Employment Agreement with the General Manager:

Approve Extension of Term and Related Matters Relative to the Employment Agreement for the General Manager

Directors BORO/PAHRE

Resolution No. 2008-096 approves an extension of the Employment Agreement for the General Manager, for a term of five years, effective April 9, 2009, on the same terms and conditions currently governing the contractual relationship, with the exception of the following:

Adopted

AYES (16): Directors Brown, Cochran, Dufty, Eddie, Grosboll, Hernández McGlashan, McGoldrick, Newhouse Segal, Pahre, Reilly, Sanders, Sobel and Stroeh; First Vice President Boro; President Moylan
NOES (0): None
ABSENT (3): Directors Kerns and Sandoval; Second Vice President Ammiano