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 AC Transit General Offices 2nd Floor Board Room 1600 Franklin Street Oakland, CA 94612
Wednesday, May 27, 2015 at 5:00 p.m. (Or immediately following the 4:30 p.m. Special Board Meeting) Closed Session: 3:30 p.m. (Items 7A-7F) 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-LARGE) Teleconference: Joel Young, Director At-Large 730 E 3rd Street Long Beach, California 90802 BOARD OFFICERS KATHLEEN KELLY, INTERIM GENERAL MANAGER DENISE C. STANDRIDGE, GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY 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
May 27, 2015
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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/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 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
May 27, 2015
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BOARD OF DIRECTORS MEETING – H. E. Christian Peeples, President Wednesday, May 27, 2015 at 5:00 p.m. 1.
ROLL CALL
2.
PUBLIC COMMENT
3.
CONSENT CALENDAR
Staff Contact or Presenter
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.
3A. Consider approving Board of Directors minutes of May 13, 2015.
Linda Nemeroff 891-7284
3B. Consider approving Board of Directors minutes of May 13, 2015. (Special Meeting).
Linda Nemeroff 891-7284
3C. Consider approving Board of Directors/Board Officers Retreat minutes of April 29, 2015.
Linda Nemeroff 891-7284
3D. Consider receiving Retirement Board minutes of April 17, 2015 (Report 15-103).
Hugo Wildmann 891-4889
4.
REGULAR CALENDAR
4A. Consider approving award of a five-year, fixed-fee contract to Mary Rowlands for consultant services for the Paratransit Coordinator's Office for the East Bay Paratransit Consortium (Report 15-066a).
Aida Asuncion 891-4979
4B. Consider approving the candidate profile for the General Manager position (Report 15-160).
Linda Nemeroff 891-7284
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. A.
EXTERNAL AFFAIRS COMMITTEE – Mark Williams, Chairperson Held immediately following the Board Meeting recess.
A-1.
Public Comment (for items not on the agenda)
Alameda-Contra Costa Transit District
May 27, 2015
Staff Contact or Presenter(s)
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Consent Items: A-2.
Consider recommending approval of a proposal to exercise the second one-year option to extend AC Transit's advertising contract with Titan 360 through June 30, 2016 (Report 09-128c).
Tom O’Neill 891-7278
Briefing/Action Items: A-3.
Consider recommending receipt of the Monthly Legislative Report and approval of legislative positions (Report 15-104).
B.
FINANCE AND AUDIT COMMITTEE – Jeff Davis, Chairperson Held immediately following the External Affairs Committee meeting.
B-1.
Public Comment (for items not on the agenda)
Aida Asuncion 891-4979
Staff Contact or Presenter(s)
Consent Items: B-2.
Consider recommending receipt of the Monthly Report on Investments for the month of March, 2015 (Report 15-106).
James Pachan 891-7215
B-3.
Consider recommending receipt of the FY 2014-15 Third Quarter Travel and Meeting Expense Report for Directors and Board Officers (Report 15-107).
Linda Nemeroff 891-7284
B-4.
Consider recommending receipt of the FY 2014-15 Third Quarter Employee and Non-Employee Out-of-State Travel Report (Report 15108).
James Pachan 891-7215
B-5.
Consider recommending receipt of the FY 2014-15 Third Quarter Surplus and Obsolete Materials Report (15-109).
James Pachan 891-7215
B-6.
Consider recommending receipt of the Quarterly Report on the Status of all Contracts and Purchase Orders over $50,000 (Report 15-110).
James Pachan 891-7215
B-7.
Consider recommending adoption of Resolution No. 15-023 authorizing the Interim General Manager or her designee to file and execute a Master Program Funding Agreement with the Alameda County Transportation Commission for allocations of Measure BB Direct Local Distribution funds (Report 15-123).
James Pachan 891-7215
B-8.
Consider recommending that the Interim General Manager or her designee be authorized to execute an amendment to the Funding Agreement with the Metropolitan Transportation Commission for the purchase and installation of Clipper® Fare Collection Equipment and network equipment for the East Bay Bus Rapid Transit (BRT) project (Report 15-081a).
James Pachan 891-7215
Alameda-Contra Costa Transit District
May 27, 2015
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Briefing/Action Items: B-9.
Consider recommending receipt of report on the Proposed FY 2015-16 Annual Operating and Capital Budgets (Report 15-033d).
Jim Pachan 891-7215
B-10. Consider recommending that the Interim General Manager or her designee be authorized to file and execute a joint application with the City of Alameda on a United States Department of Transportation (USDOT) Transportation Investment Generating Economic Recovery (TIGER) grant proposal for the Naval Air Station Alameda Multi-Modal Regional Connections Project (Report 15-150).
James Pachan 891-7215 Lev Kushner City of Alameda
B-11. Consider recommending that the Interim General Manager be authorized to execute pass-through funding agreements with two organizations for the 211 Marketing Project: the Center For Independent Living (CIL) for $5,000 for staff time charges; and with Eden I&R, Inc. for $100,000 for staff time and for use of $25,000 of District purchased and owned equipment (Report 15-116).
Jim Pachan 891-7215
B-12. Consider recommending adoption of Resolution No. 15-022 approving an amendment to the AC Transit Deferred Compensation Plan with Massachusetts Mutual Life Insurance Company for the provision of a Roth IRA option (Report 15-114).
James Pachan 891-7215
B-13. Consider recommending that the Interim General Manager be authorized to enter into contracts with Kaiser Permanente Health Maintenance Organization (HMO), Health Net (HMO) and Vision Service Plan and approve renewal rates for Consolidated Omnibus Budget Reconciliation Act (COBRA) and MetLife Dental Plan (Report 15122).
Thomas Prescott 891-7212
B-14. Consider recommending that the Interim General Manager or her designee be authorized to bind Excess Workers’ Compensation, Crime, Commercial Property, Boiler & Machinery and Auto Physical Damage and fiduciary insurance policies for the District (Report 15-153).
Denise Standridge 891-4833
RECONVENE BOARD OF DIRECTORS MEETING H. E. Christian Peeples, President 5.
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-2. Consider approving proposal to exercise the second one-year option to extend AC Transit's advertising contract with Titan 360 through June 30, 2016 (Report 09-128c). Alameda-Contra Costa Transit District
May 27, 2015
Staff Contact or Presenter(s) Linda Nemeroff 891-7284
Tom O’Neill 891-7278
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A-3.
Consider receiving the Monthly Legislative Report and approval of legislative positions (Report 15-104).
B. FINANCE AND AUDIT COMMITTEE: B-2. Consider receiving the Monthly Report on Investments for the month of March, 2015 (Report 15-106). B-3. Consider receiving the FY 2014-15 Third Quarter Travel and Meeting Expense Report for Directors and Board Officers (Report 15-107). B-4. Consider receiving the FY 2014-15 Third Quarter Employee and NonEmployee Out-of-State Travel Report (Report 15-108). B-5. Consider receiving the FY 2014-15 Third Quarter Surplus and Obsolete Materials Report (15-109). B-6. Consider receiving the Quarterly Report on the Status of all Contracts and Purchase Orders over $50,000 (Report 15-110). B-7. Consider adoption of Resolution No. 15-023 authorizing the Interim General Manager or her designee to file and execute a Master Program Funding Agreement with the Alameda County Transportation Commission for allocations of Measure BB Direct Local Distribution funds (Report 15-123). B-8. Consider authorizing the Interim General Manager or her designee to execute an amendment to the Funding Agreement with the Metropolitan Transportation Commission for the purchase and installation of Clipper® Fare Collection Equipment and network equipment for the East Bay Bus Rapid Transit (BRT) project (Report 15081a). B-9. Consider receiving report on the Proposed FY 2015-16 Annual Operating and Capital Budgets (Report 15-033d). B-10. Consider authorizing the Interim General Manager or her designee to file and execute a joint application with the City of Alameda on a United States Department of Transportation (USDOT) Transportation Investment Generating Economic Recovery (TIGER) grant proposal for the Naval Air Station Alameda Multi-Modal Regional Connections Project (Report 15-150). B-11. Consider authorizing the Interim General Manager to execute passthrough funding agreements with two organizations for the 211 Marketing Project: the Center For Independent Living (CIL) for $5,000 for staff time charges; and with Eden I&R, Inc. for $100,000 for staff time and for use of $25,000 of District purchased and owned equipment (Report 15-116). B-12. Consider adoption of Resolution No. 15-022 approving an amendment to the AC Transit Deferred Compensation Plan with Massachusetts Mutual Life Insurance Company for the provision of a Roth IRA option (Report 15-114).
Alameda-Contra Costa Transit District
May 27, 2015
Aida Asuncion 891-4979
James Pachan 891-7215 Linda Nemeroff 891-7284 James Pachan 891-7215 James Pachan 891-7215 James Pachan 891-7215 James Pachan 891-7215
James Pachan 891-7215
Jim Pachan 891-7215 James Pachan 891-7215 Lev Kushner City of Alameda
Jim Pachan 891-7215
James Pachan 891-7215
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B-13. Consider authorizing the Interim General Manager to enter into contracts with Kaiser Permanente Health Maintenance Organization (HMO), Health Net (HMO) and Vision Service Plan and approve renewal rates for Consolidated Omnibus Budget Reconciliation Act (COBRA) and MetLife Dental Plan (Report 15-122). B-14. Consider authorizing the Interim General Manager or her designee to bind Excess Workers’ Compensation, Crime, Commercial Property, Boiler & Machinery and Auto Physical Damage and fiduciary insurance policies for the District (Report 15-153). 6.
CONSENT CALENDAR ADDENDA
7.
CLOSED SESSION/REPORT OUT
Thomas Prescott 891-7212
Denise Standridge 891-4833
The Board is requested to authorize as recommended from the committee meetings above.
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
7A. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9 (a))
Quarterly Litigation Report
Newton v. AC Transit, ACSC No. RG13-667254; Crawford v. AC Transit, ACSC No. RG13-699315; Thompson v. AC Transit, ACSC No. RG14-720814; Malone v. AC Transit, ACSC No. RG14-720784; Turner v. AC Transit, ACSC No. RG14-730788; Johnson v. AC Transit, U.S. Dist. Ct. (Northern District), No. C14-3288 EDL; 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; City of Pinole, et al. v. Michael Cohen, et al., SCSC No. 34-2013-80001692; Red v. AC Transit, ACSC No. RG15-753557; and Culp v. AC Transit, ACSC No. RG14-748536.
7B. Conference with Legal Counsel – Potential Litigation (Government Code Section 54956.9(b)) (Two Cases)
7C. Conference with Labor Negotiators
(Government Code Section 54957.6): Agency Designated Representative: Interim General Manager Employee Organizations: ATU Local 192, AFSCME Local 3916, IBEW Local 1245, Unrepresented Employees
7D. Conference with Labor Negotiators (Government Code Section 54957.6):
Alameda-Contra Costa Transit District
May 27, 2015
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Negotiators: H.E. Christian Peeples, Board President and Gregg Moser of Krauthamer & Associates Unrepresented Employees: General Manager
7E. Public Employee Employment
(Government Code Section 54957(b)(1) Title: General Manager
7F. Public Employee Performance Evaluation
(Government Code Section 54957) Title: Interim General Manager, General Counsel, District Secretary
8.
GENERAL MANAGER’S REPORT
9.
BOARD/STAFF COMMENTS (Government Code Section 54954.2)
10.
AGENDA PLANNING
11.
ADJOURNMENT Next Meeting: June 10, 2015 at 5:00 p.m.
Alameda-Contra Costa Transit District
Kathleen Kelly 891-4793
May 27, 2015
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