BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
AGENDA Special Meeting of the Board of Directors City of Fremont City Council Chambers 3300 Capitol Avenue, Building A Fremont, CA 94538
Wednesday, June 8, 2016 at 5:00 p.m. Closed Session: 4:30 p.m. (Items 5A-5D) 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 view 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
June 8, 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. AUDIO STREAMING OF BOARD MEETINGS For technological reasons, recordings of meetings held outside of the usual meeting location at 1600 Franklin Street in Oakland cannot be streamed to the web. A copy of the audio recording from the meeting can be requested by contacting the District Secretary at the number listed below. Efforts will be made to post the recording online following the meeting. 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 Council Chambers 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 Line 200 stops on Mowry Avenue one block from Fremont City Hall. Line 200 operates between Fremont BART and Union City BART every 30 minutes from 6:00 a.m. until midnight. Exact route and schedule information can be found at www.actransit.org or dial “511” and ask for “AC Transit.” 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
June 8, 2016
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SPECIAL BOARD OF DIRECTORS MEETING – H. E. Christian Peeples, President Wednesday, June 8, 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 minutes of May 11, 2016.
Linda Nemeroff 891-7284
3B.
Consider authorizing Director Williams to attend the Conference of Minority Transportation Officials 45th Annual Conference and Training in Dallas, Texas, July 8-12, 2016 (Report 16-158).
Linda Nemeroff 891-7284
3C.
Consider adoption Resolution No. 16-027 authorizing the General Manager, or his designee, to execute a Measure B, Measure BB, and Vehicle Registration Fee Master Programs Funding Agreement with the Alameda County Transportation Commission (Report 16-138).
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.
4.
REGULAR CALENDAR CHAIR WILLIAMS
4A.
External Affairs Items: Consider adoption of Board Policy 405 – Sponsorship and Naming Rights (Report 16-141). Finance and Audit Items: Consider authorizing the General Manager, or his designee, to support the affordable housing development projects recommended in the staff report by filing and executing applications and funding agreements with the Strategic Growth Council for FY 2015-16 Affordable Housing & Sustainable Communities funds for proposed District projects (Report 16-137).
CHAIR HARPER
Consider adoption of Resolution No. 16-026 authorizing the General Manager, or his designee, to file and execute applications and funding agreements with the Bay Area Air Quality Management District (BAAQMD) for the purchase of five 40-foot battery electric buses with associated charging infrastructure (Report 16-155).
Claudia Allen 891-5465
4B.
4C.
Alameda-Contra Costa Transit District
June 8, 2016
Michele Joseph 891-4858
Claudia Allen 891-5465
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4D.
Consider authorizing the General Manager to execute an amendment to the existing pass-through funding agreement with Eden I&R for Marketing Mobility Management through the 211 Project to include $129,600 originally scoped for marketing the Alameda County 211 service (Report 15-116a).
Claudia Allen 891-5465
4E.
Consider approving additional procedures for inclusion in the annual review of Measure VV proceeds and provide direction if necessary [Requested by Director Harper – 12/9/15] (Report 16-048a).
Claudia Allen 891-5465
4F.
Consider approving contract award for audit services (Report 16-123a).
Claudia Allen 891-5465 CHAIR DAVIS
4G.
Planning Items: Consider receiving monthly update for the Division 3 Rehabilitation Project (Report 16-136).
Michael Cannell 891-5466
Consider receiving report on Special District Two (South County) services (Report 16-134).
Michael Cannell 891-5466
Operations Items: Consider receiving annual update on compliance with California Air Resources Board regulations (Report 16-133).
CHAIR WALLACE
4J.
Consider approving Board Policy 118 – Background Investigations, to include financial background checks for particular classifications and increasing the classifications subject to criminal background checks; adoption of Resolution No. 16-003 repealing Resolution No. 831; and authorizing the General Manager to create an Administrative Regulation providing for procedures for conducting employment background checks (Report 15-007b).
Denise Standridge 891-4833
4K.
Consider approving amendments to Board Policy 350 – Procurement Policy [Requested by President Peeples – 9/5/12] (Report 16-089).
Denise Standridge 891-4833
4L.
Consider authorizing the award of a sole source contract to Nextbus, Inc. for replacement of 97 electronic bus shelter signs (Report 16-140).
Tom O’Neill 891-7178
4H.
4I.
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.
James Pachan 891-7215
Denise Standridge 891-4833
(Government Code Section 54956.9 (a))
David Hubbard v. AC Transit, ACSC Case No. RG15780770
Alameda-Contra Costa Transit District
June 8, 2016
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Quarterly Litigation Report
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; Pustelnik v. AC Transit, ACSC No. RG16-798761; Ahmad v. AC Transit, ACSC No. RG16-804559; 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; El Cerrito Redevelopment Agency, et al. v. Michael Cohen, et al., SCSC No. 34-201380001671; City of Pinole, et al. v. Michael Cohen, et al., SCSC No. 34-2013-80001692; and Franklin v. AC Transit, ACSC No. RG15-763403.
5B.
Conference with Legal Counsel – Potential Litigation
5C.
Conference with Labor Negotiators
(Government Code Section 54956.9(b)) (Two Cases)
(Government Code Section 54957.6): Agency Designated Representative: General Manager Employee Organizations: ATU Local 192, AFSCME Local 3916, IBEW Local 1245, Unrepresented Employees
5D.
Public Employee Performance Evaluation
6.
AGENDA PLANNING
7.
GENERAL MANAGER’S REPORT
8.
GENERAL COUNSEL’S QUARTERLY REPORT
9.
BOARD/STAFF COMMENTS
10.
ADJOURNMENT Next Meeting: June 22, 2016 at 5:00 p.m. at the Emeryville City Council Chambers, 1333 Park Avenue in Emeryville, California.
(Government Code Section 54957) Title: General Manager, General Counsel, District Secretary
Michael Hursh Denise Standridge 891-4833
(Government Code Section 54954.2)
Alameda-Contra Costa Transit District
June 8, 2016
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