Regular Meeting of the Board of Directors of September 24, 2010.

Carried

Claim of Phan Le Huynh

Carried

Claim of Fangping Zhou

Carried

Claim of Karen Boateng

Carried

Ratify Actions by the Auditor-Controller

Resolution No. 2010-085 (Finance-Auditing Committee/Committee of the Whole, September 23, 2010) ratifies actions taken by the Auditor-Controller, as follows:

Accepts the Investment Reports for July and August 2010, as prepared by PFM.

Adopted

Presentation of Employee of the Month Award to Steven Thang, Ironworker, Bridge Division

President Boro presented the Employee of the Month Award to Steven Thang, Ironworker, Bridge Division, and expressed his congratulations on behalf of the Board of Directors.

No written report was presented by Acting District Engineer Ewa Bauer. A written report is presented to the Board of Directors at the second Board meeting of the month.

Ms. Bauer stated that no major changes had taken place since the last report. Regarding the status of the Doyle Drive Reconstruction Project, she stated that it is proceeding on schedule.

Authorize the Necessary Actions for Submittal and Execution of Federal Transit Administration Grant Funds

Directors STROEH/COCHRAN
Resolution No. 2010-086 approves actions relative to the filing of Federal Transit Administration (FTA) grant applications and the executing of related agreements for federal transportation assistance, as follows:

Authorizes the General Manager to execute the grant and cooperative agreements with the FTA on behalf of the District.

Adopted

Discussion by the Board

Discussion ensued, including the following inquiry:

• Director Sanders inquired as to the meaning of the statement in the staff report indicating that the extension of the five-year option with Sonoma-Marin Area Rail Transit (SMART) would have no fiscal impact. As background, Mr. Mulligan stated that the subject parcel was purchased by the Bridge District using District funds. When Northwestern Pacific Railroad (NPR) discontinued operation of the railroad, the District acquired the right of way (ROW) in partnership with the County of Marin and the Marin County Transit District (MCTD). Title to the jointly owned segment of the former NPR ROW was transferred to SMART in October 2005. The Memorandum of Understanding (MOU) agreed to by the parties included a Lease Management Agreement defining the responsibilities of the District and SMART as co-lessors of the parcel and adjacent ROW, with the District as the property manager and fiscal agent. Access is via non-exclusive private crossing easements. The parcel is leased to a third party and the District manages the lease and shares revenues with SMART. The MOU with SMART, which expires on October 25, 2010, includes an option for SMART to purchase the parcel. It is in the District’s best interest to authorize the extension of the option to purchase with SMART, with terms being the same as those agreed upon five years ago. If SMART wishes to purchase the parcel at a later time, it will be in the District’s best interest to sell it to them.

Action by the Board

Directors STROEH/EDDIE
Resolution No. 2010-087 authorizes the General Manager to execute a five-year extension of the option to purchase District property, Assessor’s Parcel No. (APN) 018-141-03, located above Jacoby Street, San Rafael, CA, with Sonoma-Marin Area Rail Transit District.

Adopted

Discussion by the Board

Discussion ensued, including the following inquiry:

• Director Sanders inquired as to how new radio equipment and the Intelligent Transportation System will be used. In response, Mr. Mulligan stated that the District’s existing radio system will be replaced, including automatic vehicle locators that facilitate knowledge of bus locations. He noted that, in the future, information will be available regarding the length of time for a given bus to arrive at a specific location. Booz Allen Hamilton, Inc. was hired to assist with management of the system, including obtaining new licenses with the Securities and Exchange Commission (SEC). He remarked that the District’s Project Manager departed unexpectedly and that the District must exercise its option in order to utilize vendor implementation services. At this time, staff is having difficulty finding replacement parts for the existing radio system. It is essential for this project to remain on track. He added that this project is grant funded and that sufficient funds are available in the Project Budget to cover this request.

Action by the Board

Directors STROEH/COCHRAN
Resolution No. 2010-088 authorizes execution of the Second Amendment to the Professional Services Agreement with Booz Allen Hamilton, Inc., in the amount of $283,327.00, relative to Request for Proposals No. 2007-BT-1, Consultant to Provide Design Services for Radio Replacement and Intelligent Transportation System, to provide continued and additional services regarding the Project Implementation Management Phase; with the understanding that requisite funds are available in the FY 10/11 Bus Transit Division Capital Budget.

Adopted

Receive the Annual Report of the Other Post Employment Benefits (OPEB) Retirement Investment Trust Board

Directors STROEH/SOBEL moved and seconded to receive the Annual Report of the OPEB Retirement Investment Trust Board.

Carried

AYES (14): Directors Brown, Chu, Cochran, Elsbernd, Grosboll, Moylan, Newhouse Segal, Pahre, Sanders, Sobel and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro
NOES (0): None
ABSENT (5): Directors Campos, Dufty, Kerns, McGlashan and Snyder

Closed Session

Attorney David Miller, at the request of President Boro, stated that the Board of Directors would convene in Closed Session, to discuss the matters listed under Closed Session, outlined above in Item No. 5.

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 matters listed under Closed Session, outlined above in Item No. 5. He reported that, regarding Agenda Item No. 6.B.1., this matter was acted upon in Open Session as part of the recommendations listed under the Finance-Auditing Committee. He further stated that the Board had provided direction to the General Manager for the disposition of the remaining matters listed as Closed Session items.

COMMENTS BY BOARD PRESIDENT RELATIVE TO THE PUBLIC COMMENT

President Boro reported that, in response to the public comment made by Mario Territo regarding bicyclists on the Bridge sidewalks, staff and the Attorney are working on a report. A report relative to this matter will be presented to the Board of Directors in the near future.

Discussion ensued, including the following comments:

• Director Newhouse Segal commented that she was aware, through personal experience, of the movement of pedestrians and bicyclists on the Bridge, and that appropriate signage be posted. She added that it may be prudent to prohibit dogs on the Bridge.

• Director Sanders stated her appreciation of staff involvement in this issue and commented that she had experienced situations, similar to those described by the writer, while walking across the Bridge with family members. She added that requiring payment of a user fee to cross the Bridge would help by reducing foot and bicycle traffic.

• David Miller, Attorney for the District, stated that a draft report has been prepared regarding bicyclists, signage, speed and enforcement on the Bridge.