BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
AGENDA Regular Meeting of the Board of Directors AC Transit General Offices 2nd Floor Board Room 1600 Franklin Street Oakland, CA 94612
Wednesday, February 24, 2016 at 5:00 p.m. Closed Session: 4:00 p.m. 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-LARGE) BOARD OFFICERS MICHAEL A. HURSH, GENERAL MANAGER DENISE C. STANDRIDGE, GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY
To access live and archived audio of Board of Directors 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
February 24, 2016
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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 regular meeting agenda. For specific agenda item(s), speakers will be invited to address the Board 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 meetings pursuant to District Ordinance No. 12. Order of Agenda Items: The Board 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 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/accommodations must be made three business days in advance of the meeting or hearing to help ensure availability. Subject to availability, sign language and foreign language interpreters will be provided upon request with 72-hour notice. 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 th service is provided at the intersection of Broadway and 17 Street in Oakland. The nearest accessible BART station th is the 19 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
February 24, 2016
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BOARD OF DIRECTORS MEETING – H. E. Christian Peeples, President Wednesday, February 24, 2016 at 5:00 p.m.
Staff Contact or Presenter
1.
ROLL CALL
2.
PUBLIC COMMENT
3.
CONSENT CALENDAR
3A.
Consider approving Board of Directors and Standing Committee minutes of January 27, 2016.
Linda Nemeroff 891-7284
3B.
Consider receiving Accessibility Advisory Committee minutes of December 8, 2015 (Report 16-015).
Michael Cannell 891-5466
3C.
Consider receiving the Monthly Report on Investments for December 2015 (Report 16-042).
Claudia Allen 891-5465
3D.
Consider receiving the FY 2015-16 Second Quarter Travel and Meeting Expense Report for Directors and Board Officers (Report 16-043).
Linda Nemeroff 891-7284
3E.
Consider receiving the FY 2015-16 Second Quarter Employee and NonEmployee Out-of-State Travel Report (Report 16-044).
Claudia Allen 891-5465
3F.
Consider receiving the Quarterly Report on the Status of all Contracts and Purchase Orders over $50,000 (Report 16-028).
Claudia Allen 891-5465
3G.
Consider receiving the FY 2015-16 Second Quarter Surplus and Obsolete Materials Report (Report 16-060).
Claudia Allen 891-5465
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.
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.
3H. Consider review of Board Policy 357 - Disposition of Lost and Unclaimed Property with no recommended changes (Report 16-022). 3I.
Consider receiving the Quarterly Report on the Bus Rapid Transit Project (Report 16-025).
3J.
Consider receiving the Quarterly Report on the District’s Involvement in External Planning Processes (Report 16-026).
Alameda-Contra Costa Transit District
February 24, 2016
Tom O’Neill 891-7278 Claudia Allen 891-5465 Michael Cannell 891-5466 Michael Cannell 891-5466
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3K.
4.
Consider receiving the Quarterly Operations Performance Report for AC Transit Fixed Route Services (Report 16-029). REGULAR CALENDAR
James Pachan 891-7215 Tom O’Neill 891-7278
CHAIR WILLIAMS External Affairs Items: Beverly Greene 4A. Consider receiving the Monthly Legislative Report and approval of 891-7255 legislative positions (Report 16-041).
4B. Consider approving a proposal to exercise the first of two one-year options to extend AC Transit’s contract for call center services with American Customer Care (Report 13-090b).
Tom O’Neill 891-7178
Finance and Audit Items: 4C. Consider receipt of the FY 2015-16 Mid-year Budget Review and adoption of Resolution No. 16-008 amending the FY 2015-16 Annual Operating and Capital Budget (Report 16-045).
CHAIR HARPER
4D. Consider receiving an overview of staff's proposed FY 2016-17 Budget Goals and Objectives (Report 16-046).
Claudia Allen 891-5465
4E. Consider adoption of Resolution No. 16-009 deferring the scheduled implementation of the July 1, 2016 fare increase for one year to July 1, 2017 (Report 16-047).
Claudia Allen 891-5465
4F.
Planning Items: Consider receiving the Quarterly Report on the Transbay Transit Center Project (Report 16-027).
Claudia Allen 891-5465
CHAIR DAVIS Michael Cannell 891-5466
Operations Items: 4G. Consider receiving report on the state of the District’s bus fleet for AC Transit fixed route services (Report 16-004).
CHAIR WALLACE
4H. Consider contract award to Integra Construction Services, Inc. for construction of the maintenance bay modifications in support of the Maintenance Bay Upgrade Project at the Emeryville Division (Report 14-145a).
Michael Cannell 891-5466
4I.
Consider contract award to STV, Incorporated for the Architectural and Engineering services in support of the Bus Wash Rehabilitation Project (Report 14-144a).
Michael Cannell 891-5466
4J.
Consider authorizing the General Manager to negotiate and execute documents related to a Consortium Agreement with Contra Costa County Transit Authority for the procurement of ten (10) 40-foot Gillig buses (Report 16-033).
James Pachan 891-7215
Alameda-Contra Costa Transit District
February 24, 2016
James Pachan 891-7215
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4K.
4L.
Consider authorizing the General Manager to execute the first of two contract option years with Sierra-Cedar, Inc. for PeopleSoft support services (Report 13-083a).
Tom O’Neill 891-7278
Board Administrative Matters:
PRESIDENT PEEPLES
Consider receiving report on the estimated legal costs associated with a potential investment by the Retirement Board in the Transbay Terminal on behalf of the District and provide direction to staff as to whether or not to pursue the matter further [Requested by Director Harper – 11/11/15] (Report 16-036).
4M. Consider approving the draft agenda for the March 30, 2016 Board of Directors/Board Officers Retreat (Report 16-055). 5.
CLOSED SESSION/REPORT OUT
5A.
Conference with Legal Counsel – Existing Litigation
The items for consideration are listed below and will be reported on by the General Counsel as necessary at the end of the meeting.
Denise Standridge 891-4833
Linda Nemeroff 891-7284 Denise Standridge 891-4833
(Government Code Section 54956.9 (a))
Bernard Ellis v. AC Transit, WCAB Case No. ADJ8838870 Terence Chrisman v. AC Transit, WCAB Case No. ADJ8606673 Susan Young v. AC Transit, WCAB Case No. ADJ9948363
Quarterly Litigation Report
5B.
Newton v. AC Transit, ACSC No. RG13-667254; Malone v. AC Transit, ACSC No. RG14-720784; Turner v. AC Transit, ACSC No. RG14-730788; Jones v. AC Transit, ACSC No. RG15-772831; Reese v. AC Transit, et al., ACSC No. RG15-769986; Edwards v. AC Transit, et al., ACSC No. RG15-793649; Lovett v. AC Transit, ACSC No. RG15-773830; Forest Ambulatory Surgical Associates, L.P., et al. v. United Healthcare Insurance UnitedHealth Group, Inc., et al., U.S. Dist. Ct. (Central District), No. C12-02916 PSGFFM; Freeman v. AC Transit, ACSC No. RG13-683635; Successor Agency to the Redevelopment Agency of the City of Berkeley, et al. v. Michael Cohen, et al., SCSC No. 34-2013-80001505; El Cerrito Redevelopment Agency, et al. v. Michael Cohen, et al., SCSC No. 34-201380001671; City of San Leandro, et al. v. Michael Cohen, et al., SCSC No. 34-2013-80001708; and City of Pinole, et al. v. Michael Cohen, et al., SCSC No. 34-2013-80001692.
Conference with Legal Counsel – Potential Litigation (Government Code Section 54956.9(b)) (Three Cases)
Alameda-Contra Costa Transit District
February 24, 2016
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5C.
Conference with Labor Negotiators
5D.
Public Employee Performance Evaluation
6.
AGENDA PLANNING
7.
GENERAL MANAGER’S REPORT
8.
BOARD/STAFF COMMENTS
9.
ADJOURNMENT Next Meeting: March 9, 2016 at 5:00 p.m.
(Government Code Section 54957.6): Agency Designated Representative: General Manager Employee Organizations: ATU Local 192, AFSCME Local 3916, IBEW Local 1245, Unrepresented Employees
(Government Code Section 54957) Title: General Manager, General Counsel, District Secretary
Michael Hursh
(Government Code Section 54954.2)
Alameda-Contra Costa Transit District
February 24, 2016
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