DRAFT MINUTES Regular Meetings of the Board of Directors, External Affairs and Finance and Audit Committees Alameda-Contra Costa Transit District 2nd Floor Board Room 1600 Franklin Street Oakland, CA 94612 Wednesday, May 25, 2011 4:00 p.m. Closed Session (Items 9A-D) 5:00 p.m. Regular Meetings Elsa Ortiz, President (Director Ward III) Mark Williams, Director Ward IV H. E. Christian Peeples, Director At Large Joel B. Young, Director At Large
Board of Directors: Jeff Davis, Vice President (Director Ward V) Joe Wallace, Director Ward I Greg Harper, Director Ward II
The Alameda-Contra Costa Transit District Board of Directors held a regular meeting on Wednesday, May 25, 2011. The meeting was called to order at 4:00 p.m. for the purpose of Closed Session. All Board members were present with the exception of Director Young who arrived at 4:01 p.m. and Director Williams who arrived at 4:10 p.m. The Interim General Counsel announced that the Board would convene in Closed Session to discuss Item Nos. 9A-D as listed on the agenda. Closed Session concluded at 5:03 p.m. At 5:06 p.m., President Ortiz convened the Board of Directors meeting. 1. ROLL CALL Directors Present: Directors Wallace, Harper, Williams, Peeples, Young, Vice President Davis, President Ortiz. Directors Absent: None. 2. GENERAL MANAGER’S REPORT Interim General Manager Mary V. King reported on the following:
Update on the implementation of the Automatic Vehicle Announcement Program (Talking Buses) and feedback received from riders; Status of the Request For Proposals for the operation of Dumbarton Express bus service; Meetings to discuss cost cutting measures and the extremely difficult task of balancing the budget, which required tough decision-making on the Board’s behalf to close D-3 and D-8, the adoption of a 10-year comprehensive fare policy, and the outsourcing of the Dumbarton Bridge service and the PBX call center; Efforts to re-establish a good working relationship with the Metropolitan Transportation Commission and efforts to help make the District sustainable in the years ahead; and
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The preservation of bus service and the development of a small reserve.
INFORMATION ONLY. 3. PUBLIC COMMENT
Jane Kramer commented on transparency and accountability with regard to statements made by Board members at the May 11, 2011 meeting, including 1) comments about the public’s trust, 2) the rationale to increase youth fares, 3) a future parcel tax, 4) and staff’s unwillingness to make documents public in a timely manner with regard to the Environmental Impact Report for BRT project. Ben Walker, ATU Local 192, commented on operator pay issues resulting from the contract imposed by the District, including time that was paid to workers who were on vacation, issues with tripper pay, checks that were not itemized, and a 38% tax on the checks. He further added that the District would save money by getting rid of some of the lawyers in the labor department. Claudia Hudson, ATU, commented on an arbitration award which called for restroom facilities and meal and rest periods for operators, noting that more operators would be encouraged to stay at work during the time they are required to work if the service on the street provided for these things. She further stated that AC Transit was established to provide service to poor people and was not a social service agency. (A copy of the arbitration award was provided to the Board.)
4. PUBLIC HEARING - CANCELLED The public hearing regarding the District’s intention to declare a fiscal emergency has been postponed indefinitely. The Board President announced that the public hearing was cancelled. 5. CONSENT CALENDAR MOTION: YOUNG/WALLACE to approve the Consent Calendar as presented (7-0-0-0). Ayes: Noes: Abstain: Absent: A. B.
Directors Young, Wallace, Harper, Williams, Peeples, Vice President Davis, President Ortiz – 7 None – 0 None – 0 None – 0
Consider approving Board of Directors and Standing Committee minutes of May 11, 2011. Consider authorizing Vice President Davis to attend the American Public Transportation Association’s Transit Board Seminar in Jersey City, New Jersey on July 23-26, 2011 (DS Memo No. 11-097).
6. REGULAR CALENDAR A. Consider receiving updated report on the closure of AC Transit’s Paratransit Unit, Division 8 (GM Memo No. 10-217a).
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Chief Operations Officer Kathleen Kelly presented the staff report. MOTION: WALLACE/PEEPLES to receive the updated report on the closure of AC Transit’s Paratransit Unit, Division 8 (7-0-0-0). Ayes: Noes: Abstain: Absent:
Directors Wallace, Peeples, Harper, Williams, Young, Vice President Davis, President Ortiz – 7 None – 0 None – 0 None – 0
B. Consider adopting a Notice of Exemption under Public Resources Code Sections 21083 and 21084 and the California Environmental Quality Act Guidelines Section 15301(e) for the Oakland Hydrogen Energy Station at Division 4 (GC Memo No. 11-122). There was no presentation of the staff report. MOTION: PEEPLES/WALLACE to adopt a Notice of Exemption under Public Resources Code Sections 21083 and 21084 and the California Environmental Quality Act Guidelines Section 15301(e) for the Oakland Hydrogen Energy Station at Division 4 (7-0-0-0). Ayes: Noes: Abstain: Absent:
Directors Peeples, Wallace, Harper, Williams, Young, Vice President Davis, President Ortiz – 7 None – 0 None – 0 None – 0
RECESS TO STANDING COMMITTEES (as the Committee of the Whole) The Board meeting recessed to the Standing Committees at 5:23 p.m. ALL COMMITTEES ARE ADVISORY ONLY. A. EXTERNAL AFFAIRS COMMITTEE – Director Joe Wallace, Chairperson Held immediately following the Board Meeting recess. The External Affairs Committee convened at 5:23 p.m. present.
All Committee members were
Public Comment (for items not on the agenda) There was no public comment offered. Briefing/Action Items: A-1. Consider receiving the monthly legislative report (GM Memo No. 11-101). Manager of Capital Planning, Legislation and Grants Kate Miller presented the staff report. AC Transit District Board of Directors External and Finance and Audit Committees
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MOTION: PEEPLES/WALLACE to forward to the Consent Calendar Addenda recommending receipt (7). The External Affairs Committee adjourned at 5:26 p.m. B. FINANCE AND AUDIT COMMITTEE – Director Greg Harper, Chairperson Held immediately following the External Affairs Committee. The Finance and Audit Committee convened at 5:26 p.m. All Committee members were present. Public Comment (for items not on the agenda) There was no public comment offered. Consent Calendar: MOTION: WALLACE/ORTIZ to forward to the Consent Calendar Addenda recommending receipt, approval or adoption as indicated (7). B-1. Consider receiving Retirement Board minutes of April 8, 2011 (GM Memo No. 11102). B-2. Consider recommending adoption of Resolution No. 11-018 authorizing the Interim General Manager, or her designee, to execute a funding agreement between the District and the California Energy Commission for state funding in the amount $3,000,000 to implement the Oakland Hydrogen Energy Station Project (GM Memo No. 11-110). B-3. Consider recommending adoption of Resolution No. 11-020 authorizing the Interim General Manager or her designee to submit an application to the Metropolitan Transportation Commission for an allocation of Regional Measure 2 (RM2) Funds to complete the environmental phase of the Richmond Parkway Transit Center Project (GM Memo No. 11-119). B-4. Consider recommending adoption of Resolution No. 11-021 authorizing the Interim General Manager or her designee to file and execute applications and funding agreements with the California Department of Transportation for allocation of FY 2010-11 Public Transportation Modernization, Improvement, and Service Enhancement Program Account Funds (GM Memo No. 11-120). B-5. Consider receiving Monthly Report on Investments for the month of April 2011 (GM Memo No. 11-106). Briefing/Action Items: B-6. Consider recommending the adoption of Resolution No. 11-019 authorizing the acquisition of a Stationary Solid Oxide Fuel Cell System for installation at the District’s Seminary Division by use of the Negotiated Procurement Process authorized under California Public Contract Code Section 20217(b) (GM Memo No. 11-117). AC Transit District Board of Directors External and Finance and Audit Committees
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Director of Alternative Fuels Policy Jaimie Levin presented the staff report. Public Comment: Claudia Hudson, ATU, inquired if the stationary fuel cell system was different from what was already at Division 4. [Mr. Levin responded that it would generate electrical power and would save money, reduce carbon emissions, and make us more reliable because power would be produced on site. He added that the systems were safer than driving a car with gasoline.] MOTION: PEEPLES/WILLIAMS to forward to the Consent Calendar Addenda recommending adoption (7). B-7. Consider receiving the FY 2010-11 Third Quarter Financial Performance Report and recommend adoption of Resolution No. 11-014 amending the third quarter of the second year of the FY 2009-10 and FY 2010-11 Biennial General Fund Operating and Capital Budget (GM Memo No. 11-085a). Chief Financial Officer Lewis Clinton presented the staff report. Public Comment: Claudia Hudson, ATU, commented that the $35 million in Congestion Mitigation and Air Quality (CMAQ) funds were supposed to prevent the 15% service cuts that went into effect last year. She added that it didn’t matter what year the funds were received, it was supposed to be used to prevent service cuts and if it didn’t prevent that, the District shouldn’t have used the money. MOTION: ORTIZ/PEEPLES to forward to the Consent Calendar Addenda recommending adoption (7). B-8. Consider receiving Preliminary FY 2011-12 and 2012-13 Biennial Operating and Capital Budget (GM Memo No. 11-112). [A copy of the presentation “Minimizing Capital Asset Life Cycle Costs” was presented at the meeting for the committee’s consideration.] Written comments received prior to the meeting are incorporated into the file by reference. Chief Financial Officer Lewis Clinton presented the staff report. Public Comment: Claudia Hudson, ATU, commented that the arbitration award that she provided to the Board earlier in the meeting required that the Board fix the lines that were not running correctly, and in fixing them, also include two 10-minute breaks and at least two 15-minute meal periods. She added that staff had more work to do to fix this issue. Jane Kramer suggested that Director Harper and Chief Financial Officer Lewis Clinton write a lesson plan to learn how to present a budget so that the public understands what is being said without a lot of jargon and with certain rules and understandings that everyone adheres to. She added that Director Harper could then raise the remaining questions that he has for clarification.
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MOTION: YOUNG/PEEPLES to forward to the Consent Calendar Addenda recommending receipt (7). The Finance and Audit Committee adjourned at 7:32 p.m. RECONVENE BOARD OF DIRECTORS MEETING The Board of Directors reconvened at 7:32 p.m. All Board members were present. 7. REPORTS OF STANDING COMMITTEES District Secretary Linda Nemeroff reported that all of the items from the Standing Committees had been referred to the Consent Calendar Addenda recommending receipt, approval or adoption as indicated on the agenda. 8. CONSENT CALENDAR ADDENDA Consent Calendar Addenda items brought before the Board were: A. External Affairs Committee A-1. Consider receiving the monthly legislative report (GM Memo No. 11-101). B. Finance and Audit Committee B-1. Consider receiving Retirement Board minutes of April 8, 2011 (GM Memo No. 11102). B-2. Consider adoption of Resolution No. 11-018 authorizing the Interim General Manager, or her designee, to execute a funding agreement between the District and the California Energy Commission for state funding in the amount $3,000,000 to implement the Oakland Hydrogen Energy Station Project (GM Memo No. 11110). B-3. Consider adoption of Resolution No. 11-020 authorizing the Interim General Manager or her designee to submit an application to the Metropolitan Transportation Commission for an allocation of Regional Measure 2 (RM2) Funds to complete the environmental phase of the Richmond Parkway Transit Center Project (GM Memo No. 11-119). B-4. Consider adoption of Resolution No. 11-021 authorizing the Interim General Manager or her designee to file and execute applications and funding agreements with the California Department of Transportation for allocation of FY 2010-11 Public Transportation Modernization, Improvement, and Service Enhancement Program Account Funds (GM Memo No. 11-120). B-5. Consider receiving Monthly Report on Investments for the month of April 2011 (GM Memo No. 11-106). B-6. Consider the adoption of Resolution No. 11-019 authorizing the acquisition of a Stationary Solid Oxide Fuel Cell System for installation at the District’s Seminary Division by use of the Negotiated Procurement Process authorized under California Public Contract Code Section 20217(b) (GM Memo No. 11-117). B-7. Consider receiving the FY 2010-11 Third Quarter Financial Performance Report and adoption of Resolution No. 11-014 amending the third quarter of the second year of the FY 2009-10 and FY 2010-11 Biennial General Fund Operating and Capital Budget (GM Memo No. 11-085a). B-8. Consider receiving Preliminary FY 2011-12 and 2012-13 Biennial Operating and Capital Budget (GM Memo No. 11-112). AC Transit District Board of Directors External and Finance and Audit Committees
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MOTION: PEEPLES/WALLACE to receive, approve, or adopt the items on the Consent Calendar Addenda as indicated (7-0-0-0). Ayes: Noes: Abstain: Absent:
Directors Peeples, Wallace, Harper, Williams, Young, Vice President Davis, President Ortiz – 7 None – 0 None – 0 None – 0
9. CLOSED SESSION/REPORT OUT The Quarterly Litigation Report was pulled off the agenda and continued to the next meeting. There was nothing to report out of Closed Session.
A. Conference with Legal Counsel – Potential Litigation (Government Code Section 54956.9 Subdivision (b)) (Two Cases) B. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9 Subdivision (a)) Gilmer, et al. v. AC Transit, U.S. Dist. Ct. (No.Cal.Dist.) No. C08-05186 CW Quarterly Litigation Report: Harbor v. AC Transit, ACSC Case No. HG05-192887; Singh v. AC Transit, ACSC Case No. RG09-461559; Morrison v. AC Transit, ACSC Case No. RG09-452711; Harvey v. AC Transit, ACSC Case No. RG10-495324; Harbor v. AC Transit, ACSC Case No. RG10-513436; ATU Local 192 v. AC Transit, ACSC Case No. RG06-262943; Gilmer, et al. v. AC Transit, U.S. Dist. Ct. (No.Cal.Dist.), No. C08-05186 CW; and Claim of L. Brown, Claim No. 10-2461.
C. Conference with Labor: (Government Code Section 54957.6) Agency Negotiator: Interim General Manager Employee Organization: Paratransit, Local 192, ATU Local 192, AFSCME, Local 3916; IBEW, Local 1245 Unrepresented Employees D. Public Employee Performance Evaluation: (Government Code Section 54957) Title: General Manager Title: General Counsel Title: District Secretary 10. AGENDA PLANNING Referred to the Planning Committee Harper requested a progress report on the Line 51a/51b split as soon as possible (Davis, Peeples concurred). AC Transit District Board of Directors External and Finance and Audit Committees
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11. BOARD/STAFF COMMENTS (Government Code Section 54954.2) 12. ADJOURNMENT There being no further business to come before the Board of Directors, the meeting was adjourned at 7:48 p.m. The next regular meeting of the Board of Directors is scheduled for Wednesday, June 8, 2011. Respectfully submitted, Linda A. Nemeroff District Secretary
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