DRAFT MINUTES Special Board of Directors Meeting Alameda-Contra Costa Transit District 10th Floor Conference Room 1600 Franklin Street Oakland, CA 94612 Wednesday, July 25, 2007 2:00 p.m. Board of Directors: Rebecca Kaplan, Vice President (Director At Large) Joe Wallace, Director Ward I Elsa Ortiz, Director Ward III
Greg Harper, President (Director Ward II) Ryan “Rocky” Fernandez, Director Ward IV Jeff Davis, Director Ward V H. E. Christian Peeples, Director at Large
The Alameda-Contra Costa Transit District Board of Directors held a special meeting on Wednesday, July 25, 2007. The meeting was called to order at 2:16 p.m. with President Harper presiding. Roll Call Upon call of the roll, the following Board members responded with their names: Directors Wallace, Ortiz (arrived at 2:17 p.m.), Fernandez, Davis, Peeples, Vice President Kaplan (arrived at 2:17 p.m.), President Harper – 7 Directors Absent: None. Items were taken out of sequential order. However, they are reported in sequential order in the minutes for ease in reading. Public Comment Mrs. Farve, Berkeley resident, appeared to request restoration of bus stops on Line 15 and Line 79 in the downtown Berkeley area. Consent Calendar 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. MOTION: WALLACE/PEEPLES to approve the consent calendar as presented with the exception of item #5, which was pulled by Director Peeples (7-0-0-0). Ayes: Noes: Abstain: Absent:
Directors Wallace, Peeples, Ortiz, Fernandez, Davis, Vice President Kaplan, President Harper - 7 None - 0 None - 0 None - 0
AC Transit District Board of Directors
July 25, 2007
Page 1 of 10
1. External Affairs Committee (June 20, 2007 meeting) recommendations: Receive a. External Affairs Committee minutes of May 16, 2007. b. Legislative Report (GM Memo No. 07-154). c. Report on the RideAC.org Program (Requested by Director Fernandez – 2/21/07) (GM Memo No. 07-156). 2.
Finance Committee (June 20, 2007 meeting) recommendations: Receive a. Finance Committee minutes of May 16, 2007. b. Retirement Board minutes of April 9, 2007 (GM Memo No. 07-158). c. Semi-Annual Disadvantaged Business Enterprise (DBE) Report (GC Memo No. 07-120). Approve d. Adoption of Resolution No. 07-030 providing for notice of the scheduled adoption of an appropriations limit for FY 2007-08 (GM Memo No. 07-159). e. Amendments to Board Policy 100 - Board of Directors Rules for Procedure, Section 6.19 - Minutes (DS Memo No. 07-163).
3.
Rider Complaint Process Committee (June 20, 2007) meeting recommendations: Approve a. Authorization for the Board President to sign a letter to the Metropolitan Transportation Commission (MTC) requesting that they investigate the feasibility of establishing a 24-hour 7-day per week regional transit information center (Requested by Board of Directors – 3/21/07) (GM Memo No. 07-162). b. Process for tracking complaints received by the Board of Directors (Requested by Director Peeples – 1/17/07) (DS Memo No. 07-161).
4.
Accessibility Advisory Committee (AAC) Consider receiving AAC minutes of May 8, 2007 and June 12, 2007 (GM Memo No. 07-168).
5.
Routine Funding Request Consider adoption of Resolution Nos. 07-034 and 07-035 supporting the District’s proposal for funding by the Congestion Mitigation and Air Quality (CMAQ) Improvement Program and Measure B funds to purchase and install bicycle racks on buses under the Alameda County Congestion Management Agency (ACCMA) and Alameda County Transportation Improvement Authority’s (ACTIA) Coordinated Bicycle and Pedestrian Program (GM Memo No. 07-176). MOTION: PEEPLES/ORTIZ to adopt Resolution Nos. 07-034 and 07-035 authorizing the filing of an application for Federal Surface Transportation Program (STP) and/or Congestion Mitigation and Air Quality (CMAQ) Improvement funding as recommended (7-0-0-0).
AC Transit District Board of Directors
July 25, 2007
Page 2 of 10
Ayes: Noes: Abstain: Absent:
Directors Peeples, Ortiz, Wallace, Fernandez, Davis, Vice President Kaplan, President Harper – 7 None – 0 None – 0 None – 0
6. Board Matters a. Consider approving Board minutes of June 20, 2007. b. Consider approving Board minutes of July 2, 2007. c. Consider authorizing members of the Board of Directors to attend the American Public Transportation Association (APTA) Annual Conference in Charlotte, North Carolina on October 7-10, 2007 (DS Memo No. 07-170). Regular Calendar 7. Consider receiving report on the 2007 Spare the Air Free Transit Program (GM Memo No. 07-155). MOTION: PEEPLES/WALLACE to receive report as presented (7-0-0-0). Ayes: Noes: Abstain: Absent:
Directors Peeples, Wallace, Ortiz, Fernandez, Davis, Vice President Kaplan, President Harper - 7 None – 0 None – 0 None – 0
8. Consider approving the streaming of audio for Board and Committee meetings to the web (Requested by Director Peeples – Continued from 10/18/06) (GM Memo No. 07123). MOTION: PEEPLES/WALLACE to approve live streaming of committee and board meetings as well as on-demand listening of archived meetings and programs (7-0-0-0). Ayes: Noes: Abstain: Absent:
Directors Peeples, Wallace, Ortiz, Fernandez, Davis, Vice President Kaplan, President Harper – 7 None – 0 None – 0 None – 0
MOTION: KAPLAN/PEEPLES that it is necessary to take action on items 9, 10, 11, 12, 13 and 16 which were referred from committee for action today (7-0-0-0).
AC Transit District Board of Directors
July 25, 2007
Page 3 of 10
Ayes: Noes: Abstain: Absent:
Vice President Kaplan, Directors Peeples, Wallace, Ortiz, Fernandez, Davis, President Harper - 7 None – 0 None – 0 None – 0
9. Consider adoption of Resolution No. 07-036 supporting the District’s agreement to provide student/youth bus passes to the West Contra Costa Transportation Advisory Committee (WCCTAC) as part of the Metropolitan Transportation Commission’s (MTC) Lifeline Transportation Program (GM Memo No. 07-177) [Request to forward to the Board of Directors the same day for action pursuant to Board Policy 100, Section 5.5.4]. MOTION: WALLACE/PEEPLES to adopt Resolution No. 07-036 supporting the District’s Memorandum of Understanding with the West Contra Costa Transportation Advisory Committee (WCCTAC) for funding from the Metropolitan Transportation Commission’s Lifeline Transportation Program as recommended (7-0-0-0). Ayes: Noes: Abstain: Absent:
Directors Wallace, Peeples, Ortiz, Fernandez, Davis, Vice President Kaplan, President Harper – 7 None – 0 None – 0 None – 0
10. Consider adoption of Resolution No. 07-038 authorizing the General Manager to negotiate and execute an agreement with the California Air Resources Board (CARB) to receive State funding for the implementation of the Bay Area Zero Emission Bus Advanced (ZEBA) Demonstration Project (GM Memo No. 07-184) [Request to Forward to the Board of Directors the same day for action pursuant to Board Policy 100, Section 5.5.4]. MOTION: PEEPLES/KAPLAN to adopt Resolution No. 07-038 authorizing the General Manager to execute an agreement with the California Air Resources Board to receive state funding in the amount of $3,535,000 authorized by Governor Schwarzenegger as part of Executive Order S-07-04 signed on April 7, 2004, to implement the Bay Area Zero Emission Bus Advanced (ZEBA) Demonstration Project (7-0-0-0). Ayes: Noes: Abstain: Absent:
Director Peeples, Vice President Kaplan, Directors Wallace, Ortiz, Fernandez, Davis, President Harper - 7 None – 0 None – 0 None – 0
11. Consider adoption of Resolution No. 07-032 authorizing the General Manager to submit an application for 2006-07 Homeland Security Grant Program funds (GM Memo AC Transit District Board of Directors
July 25, 2007
Page 4 of 10
No. 07-171) [Request to Forward to the Board of Directors the same day for action pursuant to Board Policy 100, Section 5.5.4]. MOTION: KAPLAN/PEEPLES to adopt Resolution No. 07-032 authorizing the General Manager, or authorized designee, to execute and all actions necessary for the purpose of obtaining Federal financial assistance provided by the Department of Homeland Security and sub-granted through the State of California, including submittal of the Homeland Security Grant Application for FY 2006-07 (7-0-0-0). Ayes: Noes: Abstain: Absent:
Vice President Kaplan, Directors Peeples, Wallace, Ortiz, Fernandez, Davis, President Harper – 7 None – 0 None – 0 None – 0
12. Consider adoption of Resolution No. 07-037 authorizing the submission of an application for 2008 State Transportation Improvement Program (STIP) funds for the District’s capital projects (GM Memo No. 07-183) [Request to Forward to the Board of Directors the same day for action pursuant to Board Policy 100, Section 5.5.4]. MOTION: PEEPLES/WALLACE to adopt Resolution No. 07-037 for application of 2008 State Transportation Improvement Program funds for District Capital Projects as presented (6-1-0-0). Ayes: Noes: Abstain: Absent:
Directors Peeples, Wallace, Ortiz, Fernandez, Davis, Vice President Kaplan – 6 President Harper – 1 None – 0 None – 0
Following action on the item, staff presented a revised memo to the Board which had been corrected to replace “Expansion of San Pablo Rapid Bus Service” with “Telegraph/International Boulevard/East 14th Bus Rapid Transit”. MOTION: PEEPLES/KAPLAN to reconsider the adoption of Resolution No. 07-037 (70-0-0). Ayes: Noes: Abstain: Absent:
Directors Peeples, Vice President Kaplan, Directors Wallace, Ortiz, Fernandez, Davis, President Harper - 7 None – 0 None – 0 None – 0
MOTION: PEEPLES/KAPLAN to adopt Resolution No. 07-037 for application of the AC Transit District Board of Directors
July 25, 2007
Page 5 of 10
2008 State Transportation Improvement Program funds for District Capital Projects with the inclusion of the corrected language in the memo (7-0-0-0). Ayes: Noes: Abstain: Absent:
Director Peeples, Vice President Kaplan, Directors Wallace, Ortiz, Fernandez, Davis, President Harper – 7 None – 0 None – 0 None – 0
13. Consider adoption of Resolution No. 07-039 supporting the District’s proposals for funding by the Bay Area Air Quality Management District’s (BAAQMD) Transportation Fund for Clean Air (TFCA) Program (GM Memo No. 07-186) [Request to forward to the Board of Directors the same day for action pursuant to Board Policy 100, Section 5.5.4]. MOTION: KAPLAN/PEEPLES to adopt Resolution No. 07-039 supporting the District’s proposals for funding from the Bay Area Air Quality Management District’s Transportation Fund for the Clean Air Program (7-0-0-0). Ayes: Noes: Abstain: Absent:
Vice President Kaplan, Directors Peeples, Wallace, Ortiz, Fernandez, Davis, President Harper – 7 None – 0 None – 0 None – 0
14. Finance Committee (June 20, 2007 meeting) recommendations: Consider setting a public hearing on Wednesday, September 5, 2007, at 2:00 p.m. regarding the Universal Pass Program Pricing Matrix and authorization for the General Manager to negotiate and approve Universal Pass Programs for employers and residential communities and developers (GM Memo No. 07-121). MOTION: PEEPLES/WALLACE to set a public hearing on Wednesday, September 19, 2007, at 2:00 p.m. in the Board Room located at 1600 Franklin Street, Oakland, regarding the Universal Pass Program Pricing Matrix (7-0-0-0). Ayes: Noes: Abstain: Absent:
Directors Peeples, Wallace, Ortiz, Fernandez, Davis, Vice President Kaplan, President Harper - 7 None – 0 None – 0 None – 0
Following approval of the item, Vice President Kaplan requested reconsideration of the date set for the hearing.
AC Transit District Board of Directors
July 25, 2007
Page 6 of 10
MOTION: KAPLAN/PEEPLES to reconsider the date set for the Public Hearing (7-0-00). Ayes: Noes: Abstain: Absent:
Vice President Kaplan, Directors Peeples, Wallace, Ortiz, Fernandez, Davis, President Harper - 7 None – 0 None – 0 None – 0
MOTION: PEEPLES/KAPLAN to set a public hearing for Wednesday, September 5, 2007, at 2:00 p.m. (7-0-0-0). Ayes: Noes: Abstain: Absent:
Director Peeples, Vice President Kaplan, Directors Wallace, Ortiz, Fernandez, Davis, President Harper – 7 None – 0 None – 0 None – 0
15. Consider update on the status of the recruitment for the Statistical Data and Information Analyst (verbal). Llew Keller, Human Resources, reported on the current status of recruitment activities. 16.Consider approval of the Disadvantaged Business Enterprise (DBE) Overall Annual Goal for FY 2007-08 (GC Memo No. 07-167) [Request to Forward to the Board of Directors the same day for action pursuant to Board Policy 100, Section 5.5.4]. [The General Counsel to report back in September/October on efforts to develop a small business program and efforts to improve outreach and track contracts, including the semi-annual DBE/FTA report.] MOTION: PEEPLES/WALLACE to approve the Disadvantaged Business Enterprise (DBE) Overall Annual Goal for FY 2007-08 with a language change to remove the statement “adjusted to 0%” on projects where AC Transit is a pass-through agency for funding and replace it with “is being set by an outside agency” (7-0-0-0). Ayes: Noes: Abstain: Absent:
Directors Peeples, Wallace, Ortiz, Fernandez, Davis, Vice President Kaplan, President Harper - 7 None – 0 None – 0 None – 0
17. Receive report regarding the adoption of Resolution No. 07-014 as an information item, providing public notice of the cost implications of the proposed AC Transit Employees’ Retirement Plan amendment and continue consideration of the item to the August 15, 2007, Board meeting (GC Memo No. 07-054a). AC Transit District Board of Directors
July 25, 2007
Page 7 of 10
MOTION: KAPLAN/PEEPLES to receive report as presented and forward to the August 15, 2007, Board meeting for action (5-1-1-0). Ayes: Noes: Abstain: Absent:
Vice President Kaplan, Directors Peeples, Ortiz, Fernandez, Davis - 5 President Harper – 1 Director Wallace – 1 None – 0
18. Finance Committee (October 18, 2006) Meeting Recommendation: Receive report regarding the adoption of Resolution No. 07-013 as an information item, providing public notice of the cost implications of the proposed plan and continuing consideration of the item to the August 15, 2007 Board meeting (GC Memo No. 07055). MOTION: ORTIZ/PEEPLES to receive report as presented and forward to the August 15, 2007, Board meeting for consideration (5-1-1-0). Ayes: Noes: Abstain: Absent:
Directors Ortiz, Peeples, Fernandez, Davis, Vice President Kaplan - 5 President Harper – 1 Director Wallace – 1 None – 0
19. Discussion regarding the structure and scheduling of committee and board meetings (Continued from June 20, 2007) and review of calendar of meetings (DS Memo No. 07178). MOTION: PEEPLES/WALLACE to amend the schedule and structure of meetings as follows, effective October 2007:
Committee meetings to begin no earlier than 2:00 p.m., closed session at 4:30 p.m., and Board meetings beginning at 5:00 p.m.; Move meeting days to the 2nd and 4th Wednesday of the month; Notice meetings 30 minutes apart; and Maintain the current committee structure (revisit at the next Board Retreat).
Ayes: Noes: Abstain: Absent:
Directors Peeples, Wallace, Ortiz, Fernandez, Davis, Vice President Kaplan, President Harper – 7 None – 0 None – 0 None – 0
20. Discussion regarding agenda items for the Board Retreat scheduled for August 29, 2007 (verbal). AC Transit District Board of Directors
July 25, 2007
Page 8 of 10
Consensus to agendize discussions regarding the VTA Audit and the restructuring of committees.
21. Report on actions(s) taken during Closed Session [Will be reported after the conclusion of Closed Session.]
Claim of Mittal, et al, Claim No. 06-2348
The General Counsel reported that the Board approved settlement of the claim in the amount of $360,000. Board/Staff Comments (Government Code Section 54954.2) Agenda Planning Director Peeples requested that some of the committees be scheduled for the late morning/early afternoon on August 15, 2007.
Referred to Operations Director Peeples requested a report on the progress of the stop announcement program, including the plans for 06050, and when the tagline about “exiting at the rear of the bus” is going to be added. Director Peeples requested a report on the 20th Street Transit Center Project including a timeline of when we approved it, the contracts, and how much in penalty payments the contractor has paid. Director Fernandez requested a report on the fleet composition plan [Currently scheduled for August]. Vice President Kaplan requested a report in August regarding the allocation of buses to certain lines. President Harper requested a report on the removal of a bus stop at the Trader Joe’s (loading dock) near Lakeshore. Referred to Future Board Meeting Director Wallace requested an update on the outcome of the Cedar Street public meeting held July 19, 2007. Referred to Planning President Harper requested an update on the status of the Lake Merritt road project. Referred to External Affairs Director Fernandez requested a report regarding the frequency of usage of the 4-ride tickets for Transbay. Director Kaplan requested re-consideration of Item No. 14 regarding a public hearing Universal Pass Program Pricing Matrix (See Item 14).
AC Transit District Board of Directors
July 25, 2007
Page 9 of 10
At 4:55 p.m. the General Counsel announced that the Board was adjourning to Closed Session to discuss the items listed on the Closed Session Agenda. CLOSED SESSION: Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9 Subdivision (a))
Guerrero vs. AC Transit, CCCSC Case No. MSC0601825
Conference with Labor: (Government Code Section 54957.6) Agency Negotiator: Employee Organization:
General Manager Paratransit, Local 192, ATU Local 192, AFSCME, Local 3916; IBEW, Local 1245 Unrepresented Employees
Labor Negotiations – Board Officers: (Government Code Section 54957.6)
Committee Negotiators:
President Harper, Chair Director Wallace Director Davis
Public Employee Performance Evaluation: (Government Code Section 54957) Title: General Manager Title: General Counsel Title: District Secretary Adjournment There being no further business to come before the Board of Directors, the meeting was adjourned at 5:50 p.m. The next regular meeting of the Board of Directors is scheduled for Wednesday, August 15, 2007. Respectfully submitted, Linda A. Nemeroff District Secretary
AC Transit District Board of Directors
July 25, 2007
Page 10 of 10
