BOARD OF DIRECTORS ALAMEDA‐CONTRA COSTA TRANSIT DISTRICT
AGENDA Regular Meetings of the Board of Directors and the External Affairs and Finance and Audit Committees Special Meeting of the Operations Committee AC Transit General Offices 2nd Floor Board Room 1600 Franklin Street Oakland, CA 94612
Wednesday, January 23, 2013 at 5:00 p.m. Closed Session: 4:00 p.m. (Items 8A‐E) Committee meetings will commence when the Board of Directors recesses to a Committee of the Whole
MEMBERS OF THE BOARD OF DIRECTORS GREG HARPER, PRESIDENT (WARD 2) JOE WALLACE, VICE PRESIDENT (WARD 1) ELSA ORTIZ (WARD 3) MARK WILLIAMS (WARD 4) JEFF DAVIS (WARD 5) JOEL YOUNG (AT‐LARGE) H. E. CHRISTIAN PEEPLES (AT‐LARGE)
Teleconference/Videoconference: H. E. Christian Peeples, Director At‐Large 68 Rue Escudier, 5 GG, 92100 Boulogne Billancourt, FRANCE
BOARD OFFICERS DAVID J. ARMIJO, GENERAL MANAGER KENNETH C. SCHEIDIG, INTERIM GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY
STANDING COMMITTEES MEETING DAYS* Planning Committee 2nd Wednesday Operations Committee 2nd Wednesday External Affairs Committee 4th Wednesday Finance and Audit Committee 4th Wednesday * All Standing Committees are held in conjunction with the regular Board of Directors meeting,
To access live and archived audio of Board of Directors and Standing Committee meetings as well as agendas, staff reports, and the schedule of future meetings please visit www.actransit.org and click on “Board Meetings”. Dial (510) 891‐7200 to access agendas by telephone. For questions, contact the District Secretary’s Office at (510) 891‐7201. Alameda‐Contra Costa Transit District
January 23, 2013
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MEETING PROCEDURES
Public Comment: Members of the public wishing to present comments should complete a Speaker’s Form and submit it to the District Secretary. For subjects not listed on this agenda, the public will be invited to speak under the "PUBLIC COMMENTS" section of the agenda. For specific agenda item(s), speakers will be invited to address the Board/Standing Committee(s) at the time the item is being considered. All speakers are allowed two (2) minutes to present comments. Individuals wishing to present more detailed information are encouraged to submit comments in writing. Written comments are included in the record for meeting(s), and as such, are available for public inspection and may be posted to the District’s website.
Electronic Devices: All electronic devices (cell phones, pagers and similar‐sounding devices) shall be placed on mute, vibrate or silent mode during Board and Committee meetings pursuant to District Ordinance No. 12.
Time of Meetings: Times included on this agenda for commencement of Standing Committee meetings are estimates only. Committee meetings will commence when the Board of Directors recesses to a Committee of the Whole.
Order of Agenda Items: The Board or Standing Committee(s) may discuss any item listed on this agenda and in any order.
Agenda Planning: The Agenda Planning portion of the agenda is designed to assist the Board and staff in the preparation of future Board and Committee agendas. Each item requested shall have the concurrence of at least two Directors in order to place a proposed agenda item on a future agenda.
LIVE AUDIO STREAMING OF BOARD AND COMMITTEE MEETINGS Live audio streaming and an archive of previously recorded meetings is available on the District’s website at www.actransit.org. For technological reasons, recordings of meetings held outside of the Board Room cannot be streamed to the web.
AVAILABILITY OF AGENDA RELATED MATERIALS
Written agenda related materials for all open session regular meetings are available to the public 72 hours prior to the meeting or at the time the materials are distributed to a majority of the Board. Written materials presented at a meeting by staff or a member of the Board will be available to the public at that time, or after the meeting if supplied by an outside party. Agenda related materials are available on the District’s website or by contacting the District Secretary’s Office.
ACCESSIBLE PUBLIC MEETINGS
Meetings of the Board of Directors are accessible to individuals in wheelchairs. The Board Room is equipped with Assistive Listening Devices for individuals with a hearing impairment. Written materials in appropriate alternative formats, disability‐related modification/accommodation as well as sign language and foreign language interpreters must be made 72 hours in advance of the meeting or hearing to help ensure availability. Please direct requests for disability related modification or accommodation and/or interpreter services to Linda A. Nemeroff, District Secretary, 1600 Franklin Street, Oakland, California, 94612 or call (510) 891‐7201. AC Transit’s General Offices are generally served by bus lines 1, 11, 12, 51A, 72, 72M. The nearest accessible bus service is provided at the intersection of Broadway and 17th Street in Oakland. The nearest accessible BART station is the 19th Street Station in Oakland. District Ordinance No. 13 prohibits bringing non‐service animals to District facilities unless specifically authorized by federal or state law. To accommodate individuals with severe allergies and environmental illnesses, meeting participants should refrain from wearing scented products to the meeting.
Alameda‐Contra Costa Transit District
January 23, 2013
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BOARD OF DIRECTORS MEETING – Greg Harper, President Wednesday, January 23, 2013, at 5:00 p.m.
Staff Contact or Presenter
1.
ROLL CALL
2.
PUBLIC COMMENT
Any person may directly address the Board at this time on any items of interest to the public that is within the subject matter and jurisdiction of the Board. Speakers wishing to address a specific agenda item will be invited to address the Board at the time the item is being considered. Two (2) minutes are allowed for each item.
3.
BOARD/STAFF COMMENTS
(Government Code Section 54954.2)
4.
CONSENT CALENDAR Items listed under the Consent Calendar are considered to be routine and may be enacted by one motion/one vote. If discussion is desired, an item may be removed from the Consent Calendar and will be considered individually.
4A. Consider approving Board of Directors and Standing Committee Linda Nemeroff 891‐7284 minutes of October 24, 2012. 4B. Consider approving Board of Directors and Standing Committee Linda A. Nemeroff 891‐7284 minutes of January 9, 2013. Jim Pachan 4C. Consider receiving the Accessibility Advisory Committee minutes of 891‐7215 December 11, 2012 (Report 13‐015). 4D. Consider receiving Retirement Board minutes of December 13, 2012 Hugo Wildmann 891‐4889 (Report 13‐021). 5. REGULAR CALENDAR Tom Prescott 5A. Consider adoption of Resolution No. 13‐006 approving amendment 13‐ 891‐7221 A‐16 to the AC Transit District Employees’ Retirement Plan to comply Kenneth Scheidig with the Public Employees’ Pension Reform Act of 2013 also known as 891‐7178 Assembly Bill AB340 (Report 12‐314a). Dennis Butler 5B. Consider approving contract award to URS for project 891‐4798 administration/project control consultant services associated with the Line 51 Corridor Delay Reduction and Sustainability Project (Report 12‐ 297a). Tom Prescott 5C. Consider the options available with regard to the District‐owned 891‐7221 property located at 3500 Seminary Avenue in Oakland (Report 12‐ 301a). 5D. Consider exercising an option to extend the Interim General Counsel’s Kenneth Scheidig 891‐7178 contract with amendments (Report 13‐047). Alameda‐Contra Costa Transit District
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5E. Consider the adoption of Resolution No. 13‐008 repealing Resolution No. 12‐022 setting forth the authority and the responsibilities of the General Counsel and the District Secretary regarding personnel matters (Report 13‐048). 5F. Consider authorizing travel to the American Public Transportation Association’s 2013 Legislative Conference for members of the Board of Directors (March 10‐12, 2013) and the General Manager (March 9‐11, 2013) in Washington, D.C. (Report 13‐038). 5G. Announcement of appointment to the Policy Advisory Committee for the Emeryville‐Berkeley‐Oakland Transit Study. (Verbal) 5H. Announcement of appointments to the limited‐purpose Executive Search Committee. (verbal) 5I. Discussion and announcement of Standing Committee Chair assignments and Liaison Committee assignments. (Verbal)
Kenneth Scheidig 891‐7178
Linda Nemeroff 891‐7284
President Harper
President Harper
President Harper
RECESS TO STANDING COMMITTEES (as the Committee of the Whole) Speakers will be invited to address a Committee at the time an item on the agenda is being considered or under Public Comment for items not on the agenda. Immediately following the Standing Committee Meetings, the Board meeting will reconvene at which time the Board may take action on any of the following Committee agenda items.
ALL COMMITTEES ARE ADVISORY ONLY. Staff Contact or Presenter(s)
A.
EXTERNAL AFFAIRS COMMITTEE – Joe Wallace, Chairperson Held immediately following the Board Meeting recess.
Public Comment (for items not on the agenda)
Briefing/Action Items:
A‐1. Consider recommending receipt of the monthly legislative report and approval of legislative positions (Report 13‐016). A‐2. Consider recommending that the Board President and General Manager be authorized to sign a letter to the Metropolitan Transportation Commission regarding AC Transit’s interest in having representation on the Commission (Report 13‐064). A‐3. Consider recommending adoption of Resolution No. 13‐007 in support of the West Contra Costa Unified School District’s general waiver request of the statutory bonding capacity [Requested by Director Peeples 12/12/12] (Report 13‐046). Alameda‐Contra Costa Transit District
January 23, 2013
Dennis Butler 891‐4798 David Armijo 891‐4793
Dennis Butler 891‐4798
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A‐4. Consider recommending receipt of a report on the use of forward‐ facing cameras in head signs to assist with parking enforcement at bus stops, and the sponsorship of state legislation that would be necessary to enable AC Transit to conduct such enforcement [Requested by Director Peeples 11/8/09; Director Harper – 2/22/12] (Report 13‐031).
Dennis Butler 891‐4798
Staff Contact or Presenter(s)
B.
FINANCE AND AUDIT COMMITTEE – Greg Harper, Chairperson Held immediately following the External Affairs Committee meeting.
Public Comment (for items not on the agenda)
Consent Items:
B‐1. Consider recommending receipt of the Report on Investments for the Month of November 2012 (Report 13‐018). Briefing/Action Items:
Lewis Clinton 891‐4752
B‐2. Consider recommending receipt of the monthly budget update (Report 13‐044). B‐3. Consider review of Board Policy 336 (Investment Policy) with no recommended revisions (Report 13‐020). B‐4. Consider recommending adoption of Resolution No. 13‐004 authorizing the General Manager or designee to file and execute applications and funding agreements with the California Emergency Management Agency for allocations of Transit System Safety, Security & Disaster Response Account (TSSSDRA) funds for FY 2012‐13 through FY 2016‐17 (Report 13‐033). B‐5. Consider recommending adoption of Resolution No. 13‐005 authorizing the General Manager or designee to file and execute applications to the Metropolitan Transportation Commission (MTC) for FY2012‐13 Transit Performance Initiative – Incentive Program funds (Report 13‐036). B‐6. Consider recommending receipt of annual report on the Welfare‐to‐ Work Grant and Lifeline funding (Report 13‐034).
Lewis Clinton 891‐4752
Lewis Clinton 891‐4752 Tom Prescott 891‐7221
Tom Prescott 891‐7221
Tom Prescott 891‐7221
Staff Contact or Presenter(s)
C.
SPECIAL OPERATIONS COMMITTEE – Joel Young, Chairperson Held immediately following the Finance and Audit Committee meeting.
Public Comment (for items not on the agenda)
Briefing/Action Items:
Alameda‐Contra Costa Transit District
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C‐1. Consider recommending receipt of report on milestones completed and current recommissioning efforts for the Emeryville Hydrogen Fueling Station (Report 12‐171a). C‐2. Consider recommending receipt of a report on the Federal Transit Administration’s Charter Service Rules (Report 13‐030). C‐3. Consider recommending that the General Manager be authorized to sign an assignment and consent agreement between AC Transit, Architecture/VBN and STV Group for on‐call architectural and engineering services (Report 13‐045). C‐4. Consider recommending approval of contract award to ATI Architects & Engineers Services, Inc. of Danville, California, for design and construction phase services for the Photovoltaic Solar System at Division 6 in Hayward (Report 13‐035).
RECONVENE BOARD OF DIRECTORS MEETING – Greg Harper, President
6.
REPORTS OF STANDING COMMITTEES The District Secretary will report on the recommendations made by the Committees, including those items referred to the Consent Calendar Addenda. If discussion or comment is desired, any person may request that an item be considered individually.
A. EXTERNAL AFFAIRS COMMITTEE: A‐1. Consider receiving the monthly legislative report and approval of legislative positions (Report 13‐016).
Jim Pachan 891‐7215
John Haenftling 891‐4875 Dennis Butler 891‐4798
Dennis Butler 891‐4798
Staff Contact or Presenter(s) Linda Nemeroff 891‐7284 Dennis Butler 891‐4798
David Armijo A‐2. Consider authorizing the Board President and General Manager to sign 891‐4793 a letter to the Metropolitan Transportation Commission regarding AC Transit’s interest in having representation on the Commission (Report 13‐064). Dennis Butler A‐3. Consider adoption of Resolution No. 13‐007 in support of the West 891‐4798 Contra Costa Unified School District’s general waiver request of the statutory bonding capacity [Requested by Director Peeples 12/12/12] (Report 13‐046). Dennis Butler A‐4. Consider receiving report on the use of forward‐facing cameras in head 891‐4798 signs to assist with parking enforcement at bus stops, and sponsorship of state legislation that would be necessary to enable AC Transit to conduct such enforcement [Requested by Director Peeples 11/8/09; Director Harper – 2/22/12] (Report 13‐031). B. FINANCE AND AUDIT COMMITTEE Lewis Clinton B‐1. Consider receiving Report on Investments for the Month of November 891‐4752 2012 (Report 13‐018). Lewis Clinton B‐2. Consider receiving the monthly budget update (Report 13‐044). 891‐4752 Alameda‐Contra Costa Transit District
January 23, 2013
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Lewis Clinton B‐3. Consider review of Board Policy 336 (Investment Policy) with no 891‐4752 revisions (Report 13‐020). Tom Prescott B‐4. Consider adoption of Resolution No. 13‐004 authorizing the General 891‐7221 Manager or designee to file and execute applications and funding agreements with the California Emergency Management Agency for allocations of Transit System Safety, Security & Disaster Response Account (TSSSDRA) funds for FY 2012‐13 through FY 2016‐17 (Report 13‐033). Tom Prescott B‐5. Consider adoption of Resolution No. 13‐005 authorizing the General 891‐7221 Manager or designee to file and execute applications to the Metropolitan Transportation Commission (MTC) for FY2012‐13 Transit Performance Initiative – Incentive Program funds (Report 13‐036). Tom Prescott B‐6. Consider receiving the annual report on Welfare‐to‐Work Grant and 891‐7221 Lifeline funding (Report 13‐034). C. OPERATIONS COMMITTEE Jim Pachan C‐1. Consider receiving report on milestones completed and current 891‐7215 recommissioning efforts for the Emeryville Hydrogen Fueling Station (Report 12‐171a). C‐2. Consider receiving report on the Federal Transit Administration’s John Haenftling 891‐4875 Charter Service Rules (Report 13‐030). Dennis Butler C‐3. Consider authorizing the General Manager to sign an assignment and 891‐4798 consent agreement between AC Transit, Architecture/VBN and STV Group for on‐call architectural and engineering services (Report 13‐ 045). Dennis Butler C‐4. Consider approving contract award to ATI Architects & Engineers 891‐4798 Services, Inc. of Danville, California, for design and construction phase services for the Photovoltaic Solar System at Division 6 in Hayward (Report 13‐035). 7. CONSENT CALENDAR ADDENDA The Board is requested to authorize as recommended from the committee meetings above.
8.
CLOSED SESSION/REPORT OUT The items for consideration are listed below and will be reported on by the Interim General Counsel as necessary at the end of the meeting.
8A. Conference with Legal Counsel – Existing Litigation
Ken Scheidig 891‐7178
(Government Code Section 54956.9 (a)) John Aguilera v AC Transit, Case No. RG11584557, Claim No. 11‐10‐1872
8B. Conference with Legal Counsel – Potential Litigation
(Government Code Section 54956.9(b)) (Two Cases)
8C. Conference with Labor Negotiator(s)
(Government Code Section 54957.6) Negotiator: Board President Greg Harper Unrepresented Employee: Interim General Counsel Alameda‐Contra Costa Transit District
January 23, 2013
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8D. Conference with Labor Negotiators (Government Code Section 54957.6): Agency Designated Representative: David J. Armijo, General Manager Employee Organizations: Local 192, ATU Local 192, AFSCME, Local 3916; IBEW, Local 1245, Unrepresented Employees
8E. Public Employee Performance Evaluation
(Government Code Section 54957) Title: General Manager
9. 10. 11. 12.
GENERAL MANAGER’S REPORT AGENDA PLANNING BOARD/STAFF COMMENTS (Government Code Section 54954.2)
David J. Armijo 891‐4793
ADJOURNMENT Next Meeting: February 13, 2013, at 5:00 p.m.
Alameda‐Contra Costa Transit District
January 23, 2013
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