02 11 15 Minutes

BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT MINUTES Regular Meetings of the Board of Directors and the Pla...

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BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT

MINUTES Regular Meetings of the Board of Directors and the Planning and Operations Committees AC Transit General Offices 2"d Floor Board Room 1600 Franklin Street Oakland, CA 94612 Wednesday, February 11, 2015 at 5:00 p.m. Closed Session: 4:00 p.m. {Items 9A-9D) Committee meetings will commence when the Board of Directors recesses to a Committee of the Whole

MEMBERS OF THE BOARD OF DIRECTORS H. E. CHRISTIAN PEEPLES, PRESIDENT (AT-LARGE} ELSA ORTIZ, VICE PRESIDENT (WARD 3} JOE WALLACE (WARD 1} GREG HARPER (WARD 2} MARK WILLIAMS (WARD 4} JEFF DAVIS (WARD 5} JOEL YOUNG (AT-LARG E} BOARD OFFICERS DAVID J. ARMIJO, GENERAL MANAGER DENISE C. STANDRIDGE, GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY

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ACTION SUMMARY

BOARD OF DIRECTORS MEETING- H. E. Christian Peeples, President Wednesday, February 11, 2015 at 5:00p.m.

! The Alameda-Contra Costa Transit

District Board of Directors held a i regular meeting on Wednesday, February 11, 2015. i

/ The meeting was called to order at 4:06 p.m. for the purpose of i Closed Session. All Board members were present. The General Counsel announced that the Board would convene in Closed Session i to discuss Items 9A-D as listed on the agenda. Closed Session concluded at 4:50 p.m.

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I At 5:03 p.m., President Peeples called the Board of Directors meeting i to order. '

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[ ROLL CALL I Present: Wallace, Harper, Williams, Davis, Young, Ortiz, Peeples I I Absent: None

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PRESENTATIONS 2. 2A.I Recognition of Director Harper for service as the 2013-2014 President of the Board of Directors.

RECOGNITION PLAQUE PRESENTED

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I President Peeples presented Director Harper with a plaque recognizing

i his service as Board President for 2013-2014.

INFORMATION ONLY

2B.I Update on Federal legislative activities. (Verbal)

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! Steve Palmer of Van Scoyoc Associates reported on the following: The new Congress and the current environment in Washington; The six-year $478 billion Transportation Authorization Bill which . includes $27.6 million for the AC Transit Bus Rapid Transit (BRT) project and $500 million for future BRT projects; Options under consideration for funding the Transportation Highway Trust Fund such as the repatriation of corporate taxes from overseas; and Upcoming deadlines: the debt limit in March, the Highway Trust Fund in May, and appropriations to fund the budget.

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i Mr.

Palmer addressed questions from the Board regarding corporate tax repatriation, the need to lobby for a long-term I transportation bill, the effectiveness of the American Public Transit J Association's lobbying efforts toward attaining more funding for transit, and the role of Senator DeSaulnier and Congressman Swalwell i in advocating for public transit.

I the i !

I Presented for information only. Alameda-Contra Costa Transit District

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PUBLIC COMMENT Joseph Chow commented on the line 51 construction projects on Webster Street in Alameda, saying that several projects were going on at the same time and disrupting the existing bus service. Jane Kramer commented on transparency and accountability with regard to the Board Ethics Training on January 281h. She observed that the critical issue seemed to be "intent"; however, she did not think it was defined and seemed to mean different things for public meetings versus Closed Sessions.

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CONSENT CALENDAR MOTION: WALLACE/WILLIAMS to approve the Consent Calendar as presented. The motion carried by the following vote:

APPROVED AS INDICATED

AYES:7: Wallace, Williams, Harper, Davis, Young, Ortiz, Peeples 4A. Consider approving Board of Directors and Standing Committee minutes of January 14, 2015. (without exhibits) 4B. Consider approving Board of Directors and Standing Committee minutes of January 28, 2015. (without exhibits) 4C. Consider approving Board of Directors minutes of January 28, 2015. (Special Meeting) 40. Consider authorizing the General Manager to travel to the Alternative Clean Transportation Expo 2015, May 4-7, 2015 in Dallas, Texas (Report 15-068). 5.

REGULAR CALENDAR

SA. Consider adoption of Resolution No. 15-012 approving amendment 15-A-17, which deletes Amendment 13-A-16 from the AC Transit Employees' Retirement Plan the plan in its entirety (Report 15-0lla).

ADOPTED

There was no presentation of the staff report. MOTION: ORTIZ/WALLACE to adopt Resolution No. 15-012 approving amendment 15-A-17, which deletes Amendment 13-A-16 from the AC Transit Employees' Retirement Plan in its entirety. The motion carried by the following vote: AYES:7: Ortiz, Wallace, Harper, Williams, Davis, Young, Peeples SB. ! Consider approving contract award to Platinum Advisors for state lobbying services (Report 14-268a).

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APPROVED

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There was no presentation of the staff report. Director of Legislative Affairs and Community Relations Beverly Greene introduced Julie Waters as the new External Affairs Representative for West Contra Costa County. MOTION: WILLIAMS/WALLACE to approve contract award to Platinum Advisors for state lobbying services. The motion carried by the following vote: AYES:7: Williams, Wallace, Harper, Davis, Young, Ortiz, Peeples 5C.

Receive update on the recruitment of representatives for the Retirement Board and provide direction to staff as to next steps in the process (Report 14-245a).

REPORT RECEIVED AND DIRECTION GIVEN

District Secretary Linda Nemeroff presented the staff report. Members of the Board agreed that the current non-ATU representative should be reappointed to the Retirement Board. Opinions were mixed as to whether or not the Board's current public representatives should be reappointed or whether interviews should be held. Direction was given to conduct interviews of the Board's top 2 or 3 candidates (other than the current incumbents) on March 11, 2015. Members of the Board are to email the District Secretary their top 2 or 3 preferences for interviews no later than February 13, 2015. Formal action on the appointment of the non-ATU representative to occur at the time the public member representatives are chosen. 6.

BOARD WORKSHOP

6A. Report on Alameda County Measure BB revenues and the District's

RECEIVED

preliminary equipment, facility, and service enhancement plans (Report 15-041).

{The PowerPoint presentation given at the meeting is incorporated into the file by reference.] Acting Capital Planning and Grants Manager Chris Andrichak presented the staff report. Vice President Ortiz expressed concern that 15% of the Measure BB operating funds would be set aside for reserves and that some funds would be used as matching funds for capital grants. She further inquired about funding for the rehabilitation of Division 3 in Richmond. Mr. Andrichak explained that while Measure BB is set aside for Alameda County, it would free up other funds that could be reallocated to the Division 3 project. General Manager David Armijo added that Alameda-Contra Costa Transit District

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the bus storage capacity at Division 3 is critical for the service expansion and would save a million dollars a year in deadhead time. Vice President Ortiz suggested that staff work with officials in Contra Costa County to ensure that sufficient money is available for Division 3 and senior fare discounts as part of a sales tax measure in that County. Director Wallace advised that the West Contra Costa Transportation Advisory Committee formed a subcommittee to focus on reduced fares for students and seniors. Mr. Armijo advised that the District intends to work very closely with the County. While pleased with the proposed service expansion, Director Young was concerned about the District's contingency plan in the event the District's own measure to extend the current parcel tax did not pass. Mr. Armijo advised that service improvements are dependent on the capacity at the divisions and how fast vehicles could be purchased. Director Harper commented on possibility of relocating Division 3 to another area given the City of Richmond's interest in redeveloping the property. He mentioned the possibility of reopening discussions with Chevron on another site, but added that the District needed to decide whether to go against what the City wants. Director Davis inquired about the use of Measure BB funds for administrative staff. Mr. Armijo advised that the funds would be used for a minimal number administrative staff.

Public Comment: Dave Lyons reminded the Board that Measure BB is a regressive tax that will be felt more by low income communities and, as such, needed to be used to restore service in underserved communities. He added the focus needed to be on quality of life for the transit dependent and expediting access to the free youth bus pass and Clipper. MOTION: WILLIAMS/YOUNG to receive the report on Alameda County Measure BB revenues and the District's preliminary equipment, facility, and service enhancement plans. The motion carried by the following vote: AYES:G: Williams, Young, Harper, Davis, Ortiz, Peeples ABSENT:l: Wallace (out of seat) GB. Update on the Short Range Transit Plan operating and capital budget projections (Report 14-033c).

RECEIVED

Senior Transportation Planner Nathan Landau gave an overview of proposed language for Chapters S, 6, and 7 of the Draft Short Range Transit Plan. Alameda-Contra Costa Transit District

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Vice President Ortiz inquired about the inclusion of discretionary funds in the annual budget. Acting Capital Planning and Grants Manager Chris Andrichak responded that these types of funds are not included in the budget because there is no certainty that they will be received. Director Harper commented on the vast amount of AC Transit service/service hours in Oakland and asked how the District could work with the City to make the service in downtown more efficient. Director of Service Development Robert del Rosario commented on coordination efforts through the Alameda County Transportation Commission on the Countywide Transit Plan and the Multi-Modal Arterial Study. He said that the City accepts Broadway as a transit corridor and there are many ideas on how to improve service on the corridor. President Peeples asked when the reference to the MacArthur BRT would be eliminated as a consideration since it was not suitable for the corridor. Mr. landau advised that the issue should be resolved through the Major Corridors Study. MOTION: YOUNG/ORTIZ to receive the update on the Short Range Transit Plan operating and capital budget projections. The motion carried by the following vote: AYES:7: Young, Ortiz, Harper, Wallace, Williams, Davis, Peeples

RECESS TO STANDING COMMITTEES (as the Committee of the Whole} The Board meeting recessed to the Standing Committees at 6:15 p.m. All COMMITTEES ARE ADVISORY ONLV. A.

I PLANNING COMMITTEE- Greg Harper, Chairperson \ The Planning Committee convened at 6:15 p.m. All Committee ! members were present.

ACTION SUMMARY

! Public Comment (for items not on the agenda)

I There was no public comment offered.

I! Consent Items: i MOTION:

WALLACE/ORTIZ to forward to the Consent Calendar I Addenda recommending receipt or approval as indicated. The motion I carried by the following vote:

RECOMMEND RECEIPTOR APPROVAL AS INDICATED

li AYES:7: Wallace, Ortiz, Williams, Davis, Young, Peeples, Harper I Alameda-Contra Costa Transit District

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A-1.[ Consider recommending receipt of Quarterly Report on the East Bay Bus Rapid Transit Project (Report 15-042).

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A-2.j Consider recommending receipt of the Quarterly Report on the J Transbay Transit Center Project (Report 15-043). ! A-3.1 Consider recommending receipt of Quarterly Report on the District's I involvement in external planning processes (Report 15-044).

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I Director Williams asked if there was any progress to report on the Eden I Area livability Initiative. Senior Transportation Planner Nathan landau I replied that the Initiative focuses more on public services, health and

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than transportation and land use. He added that the I Ashland-Cherryland Business District Specific Plan calls for i transportation improvements and the Planning Department has been i involved in that plan.

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A-4.1 Consider recommending that the General Manager be authorized to ! extend the West Bay Builders construction contract completion date I to December 31, 2015 for the line 51 Corridor Delay Reduction and Sustainability (CDRS) Project (Report 12-297f).

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I Briefing/Action Items: A-s.i Consider recommending receipt of report on coordination efforts ! with the City of Oakland to plan detour service for the Oakland I Running Festival [Requested by Director Peeples 3/26/14; revised ! 12/31/14] (Report 15-050).

RECOMMEND RECEIPT

I Director of Service Development Robert del Rosario presented the staff ! report.

I MOTION: ORTIZ/YOUNG to forward to the Consent Calendar Addenda I recommending receipt. The motion carried by the following vote: I AYES:7: Ortiz, Young, Wallace, Davis, Williams, Peeples, Harper !

A-6.! Consider recommending receipt of report on the Major Corridors Study (Report 15-053).

RECOMMEND RECEIPT

Senior Transportation Planner Mika Myasoto presented the staff report.

I MOTION:

WILLIAMS/ORTIZ to forward to the Consent Calendar j Addenda recommending receipt. The motion carried by the following ! vote:

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AYES:7: Williams, Ortiz, Wallace, Davis, Young, Peeples, Harper A-7 Consider recommending receipt of report on potential funding for District projects and programs through the State's Cap and Trade Program (Report 15-065).

RECOMMEND RECEIPT

Senior Capital Planning Specialist Ben Stupka presented the staff report. MOTION: ORTIZ/WILLIAMS to forward to the Consent Calendar Addenda recommending receipt. The motion carried by the following vote: AYES:7: Ortiz, Williams, Wallace, Harper, Davis, Young, Peeples The Planning Committee adjourned at 6:41 p.m. B.

OPERATIONS COMMITTEE- Joe Wallace, Chairperson The Operations Committee convened at 6:41 p.m. All Committee [ members were present. l

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ACTION SUMMARY

i Public Comment (for items not on the agenda)

I Jayne Kramer commented that the bus bunching problem on line SlA ! had not been resolved, despite claims at the last meeting that it had ! been.

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i Consent Items: [ MOTION: YOUNG/WilLIAMS to forward to the Consent Calendar [ Addenda recommending receipt or approval as indicated. The motion i carried by the following vote:

RECOMMEND RECEIPTOR APPROVAL AS INDICATED

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! AYES:7: Young, Williams, Harper, Ortiz, Davis, Peeples, Wallace l

B-1.[ Consider recommending receipt of the Quarterly Operations I Performance Report for AC Transit fixed route services (Report 15l 046). B-2.1 Consider recommending that the General Manager be authorized to l exercise a two-year contract option with Claremont EAP for the I District's Employee Assistance Program (Report 15-039). i B-3! Consider recommending authorization to release a solicitation for Workers' Compensation Third Party Administrator Services, Managed Care Program, Claims Reporting/Intake System, and Occupational Safety and Health Administration reporting services (Report 15-064).

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Director Williams left the meeting at 6:44 p.m. Briefing/Action Items: B-4 Consider recommending receipt of report on set asides for small business participation spanning the past two years [Requested by Director Ortiz -10/22/14) (Report 15-047).

RECOMMEND RECEIPT

[A copy of Board Policy 326- Disadvantaged Business Enterprise (DBE) Policy, was distributed at the meeting for the Committee's consideration.] Contract Compliance Administrator Phillip McCants presented the staff report. Vice President Ortiz noted the small number of contracts set aside for Small Business Enterprises since 2013. Mr. McCants advised that an amendment to Board Policy 326 to increase the dollar threshold on contracts set aside for small business participation may help improve the numbers. Vice President Ortiz also requested that a micro-business element be added to the policy to provide contracting opportunities for small, local businesses. Mr. McCants agreed, noting that the Bay Area Rapid Transit District had a micro purchase program that he would investigate. President Peeples asked if the District was doing a better or worse job at getting people to register as vendors, noting that most businesses felt it took too much time and effort. Mr. McCants advised that while the District is doing better, there was room for improvement. MOTION: YOUNG/ORTIZ to forward to the Consent Calendar Addenda recommending receipt. The motion carried by the following vote: AYES:S: Young, Ortiz, Davis, Peeples, Wallace ABSENT:2: Harper (out of seat), Williams B-5 Consider recommending receipt of an update on the Federal Transit Administration (FTA) Triennial Audit (Report 15-013).

RECOMMEND RECEIPT

Manager of Internal Audit Alan Parella presented the staff report.

I Discussion

ensued regarding the FTA's finding that the ADA No-Show Policy was unreasonable. Accessible Services Manager Mallory NestorBrush advised that information was submitted to the FTA on our practices and processes and close-out of this issue by the FTA was anticipated.

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i MOTION: ORTIZ/YOUNG to forward to the Consent Calendar Addenda i recommending receipt. '

The motion carried by the following vote:

i AYES:6: Ortiz, Young, Harper Davis, Peeples, Wallace I ABSENT:l: Williams B-6.1 Consider recommending that the General Manager be authorized to l release a Request for Proposals (RFP) for consultant services for the [ Paratransit Coordinator's Office for the East Bay Paratransit l Consortium (Report 15-066).

RECOMMEND RECEIPT

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There was no presentation ofthe staff report. / MOTION: ORTIZ/YOUNG to forward to the Consent Calendar Addenda

! recommending approval. The motion carried by the following vote: ' )

[ AYES:6: Ortiz, Young, Harper, Davis, Young, Peeples, Wallace ABSENT:l: Williams J

B-7.1 Consider recommending adoption of Resolution No. 15-004 j authorizing the destruction of designated records maintained by the District Secretary's Office (Report 15-028).

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RECOMMEND ADOPTION

I District Secretary Linda Nemeroff presented the staff report. I

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i MOTION: PEEPLES/HARPER to forward to the Consent Calendar i Addenda recommending approval. The motion carried by the following

I vote:

I AYES:6: Peeples, Harper, Ortiz, Davis, Young, Wallace J

ABSENT:l: Williams

B-8.1 Consider recommending approval of amendments to Board Policy 163 Public Hearing Process for the Board of Directors [Requested by ! Director Peeples) (Report 15-051).

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RECOMMEND APPROVAL

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j District Secretary Linda Nemeroff presented the staff report.

Ii MOTION:

YOUNG/ORTIZ to forward to the Consent Calendar Addenda 1 recommending approval. The motion carried by the following vote: I

li AYES:6: Young, Ortiz, Harper, Davis, Peeples, Wallace

I ABSENT:l: Williams

I i The Operations Committee adjourned at 7:07 p.m. i Alameda-Contra Costa Transit District

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RECONVENE BOARD OF DIRECTORS MEETING H. E. Christian Peeples, President The Board of Directors meeting reconvened at 7:07 p.m. All Board members were present except for Director Williams who was absent.

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REPORTS OF STANDING COMMITTEES District Secretary Linda Nemeroff reported that all of the items from I the Planning and Operations Committee meetings had been referred i to the Consent Calendar Addenda recommending receipt, approval or adoption as presented.

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I I CONSENT CALENDAR ADDENDA

ACTION SUMMARY

REPORT GIVEN

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I MOTION: J

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WALLACE/ORTIZ to receive, approve or adopt the items referred to the Consent Calendar Addenda as indicated. The motion carried by the following vote:

RECEIVED, APPROVED OR ADOPTED AS INDICATED

I ! AYES:6: Wallace, Ortiz, Harper, Davis, Young, Peeples

I ABSENT:l: Williams

I The items brought before the Board were as follows: A. i PLANNING COMMITTEE: A-1.1 Consider receiving the Quarterly Report on the East Bay Bus Rapid I Transit Project (Report 15-042). A-2.! Consider receiving the Quarterly Report on the Transbay Transit Center I' Project (Report 15-043). A-3.! Consider receiving the Quarterly Report on the District's involvement in I external planning processes (Report 15-044). A-4.! Consider authorizing the General Manager to extend the West Bay ! Builders construction contract completion date to December 31, 2015 I for the line 51 Corridor Delay Reduction and Sustainability (CDRS) I Project (Report 12-297f). A-S.l Consider receiving report on coordination efforts with the City of Oakland to plan detour service for the Oakland Running Festival I [Requested by Director Peeples 3/26/14; revised 12/31/14] (Report lS050). A-6.1 Consider receiving report on the Major Corridors Study (Report 151 053).

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A-7.! Consider receiving report on potential funding for District projects and ! programs through the State's Cap and Trade Program (Report 15-065). B. I OPERATIONS COMMITTEE: B-l.J Consider receiving the Quarterly Operations Performance Report for iI AC Transit fixed route services (Report 15-046). B-2.1 Consider authorizing the General Manager to exercise a two-year ! contract option with Claremont EAP for the District's Employee ! Assistance Program (Report 15-039). Alameda-Contra Costa Transit District

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B-3 Consider authorizing the release a solicitation for Workers' Compensation Third Party Administrator Services, Managed Care Program, Claims Reporting/Intake System, and Occupational Safety and Health Administration reporting services (Report 15-064). B-4 Consider receiving report on set asides for small business participation spanning the past two years [Requested by Director Ortiz- 10/22/14] (Report 15-047). B-5 Consider receiving an update on the Federal Transit Administration Triennial Audit (Report 15-013). B-6 Consider authorizing the General Manager to release a Request for Proposals (RFP) for consultant services for the Paratransit Coordinator's Office for the East Bay Paratransit Consortium (Report 15-066). B-7 Consider adoption of Resolution No. 15-004 authorizing the destruction of designated records maintained by the District Secretary's Office (Report 15-028). B-8 Consider approving amendments to Board Policy 163- Public Hearing Process for the Board of Directors [Requested by Director Peeples] (Report 15-051).

CLOSED SESSION/REPORT OUT There was nothing to report out from Closed Session.

9.

9A.

NO REPORT

Conference with Legal Counsel- Existing Litigation (Government Code Section 54956.9 (a))

Scott v. AC Transit, ACSC Case No. RG14733686, Claim No. 13-4589

98.

Conference with Legal Counsel - Potential Litigation (Government Code Section 54956.9(b)) (Two Cases)

9C. Conference with Labor Negotiators (Government Code Section 54957.6): Agency Designated Representative: David J. Armijo, General Manager Employee Organizations: ATU Local 192, AFSCME Local 3916, IBEW Local 1245, Unrepresented Employees

9D.

Public Employee Performance Evaluation (Government Code Section 54957) Title: General Manager, General Counsel, District Secretary

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AGENDA PLANNING No new items were added to Agenda Planning.

11. I GENERAL MANAGER'S REPORT

INFORMATION

The General Manager's report is incorporated into the minutes by ! reference as Exhibit A. 1

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12.

BOARD/STAFF COMM ENTS M embers of the Board commented on meetings and events attended since the last meeting.

13.

ADJOURNMENT There being no further business to come before the Board of Directors, the meeting was adjourned at 7:23p.m. The next meeting of the Board of Directors is scheduled for Wednesday, February 25, 2015.

Respectfully submitted,

u~~-_,) Neme~~

linda A. District Secretary

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