BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
AGENDA
Regular Meetings of the Board of Directors and the Planning, Operations, External Affairs and Finance and Audit Committees AC Transit General Offices 2nd Floor Board Room 1600 Franklin Street Oakland, CA 94612
Wednesday, August 19, 2015 at 5:00 p.m. Closed Session: 3:30 p.m. (Items 2A-2G)
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) 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
August 19, 2015
Page 1 of 8
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/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
August 19, 2015
Page 2 of 8
BOARD OF DIRECTORS MEETING – H. E. Christian Peeples, President Wednesday, August 19, 2015 at 5:00 p.m. 1.
ROLL CALL
2.
CLOSED SESSION/REPORT OUT
The items for consideration are listed below and will be reported on by the General Counsel as necessary at the end of the meeting.
Staff Contact or Presenter
Denise Standridge 891-4833
2A. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9 (a))
Lynn Jackson v. AC Transit, WCAB Case Nos. ADJ9793511 and ADJ898375 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; and Claims of Sherpa (14-3960), Sause (14-4042), and Hubbard (14-3849).
2B. Conference with Legal Counsel – Potential Litigation (Government Code Section 54956.9(b)) (Two Cases)
2C. 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
2D. Public Employee Employment
(Government Code Section 54957(b)(1)) Title: General Manager
2E. Conference with Labor Negotiators
(Government Code Section 54957.6): Negotiators: H.E. Christian Peeples, Board President and Gregg Moser of Krauthamer & Associates Unrepresented Employees: General Manager
Alameda-Contra Costa Transit District
August 19, 2015
Page 3 of 8
2F. Public Employee Appointment
(Government Code Section 54957(b)(1)) Title: General Manager
2G. Public Employee Performance Evaluation
(Government Code Section 54957) Title: Interim General Manager, General Counsel, District Secretary
3.
PUBLIC COMMENT
4.
CONSENT CALENDAR
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.
4A. Consider approving Board of Directors minutes of July 22, 2015. (8:30 a.m. Special meeting)
Linda Nemeroff 891-7284
4B. Consider approving Board of Directors minutes of July 22, 2015. (6:00 p.m. Special meeting)
Linda Nemeroff 891-7284
4C. Consider approving Board of Directors minutes of July 28, 2015. (Special meeting)
Linda Nemeroff 891-7284
4D. Consider approving Board of Directors and Standing Committee minutes of July 29, 2015.
Linda Nemeroff 891-7284
4E. Consider approving Board of Directors minutes of August 5, 2015. (Special meeting)
Linda Nemeroff 891-7284
4F. Consider approving Board of Directors minutes of August 11, 2015. (Special meeting)
Linda Nemeroff 891-7284
4G. Consider authorizing Director Williams to attend the Congressional Black Caucus 45th Annual Legislative Conference in Washington, D.C. on September 16-20, 2015 (Report 15-200).
Linda Nemeroff 891-7284
4H. Consider receiving Retirement Board Minutes of July 17, 2015 (Report 15-173).
Hugo Wildmann 891-4884
4I. Consider amending the existing contract with Krauthamer & Associates to extend the period of performance and include executive search services for the recruitment of a Chief Financial Officer (Report 15115b).
James Pachan 891-7215
Alameda-Contra Costa Transit District
August 19, 2015
Page 4 of 8
4J. Consider adoption of Resolution No. 15-036 establishing the Appropriations Limit for FY 2015-16 at $432,454,639 (Report 15-144b). 5.
James Pachan 891-7215
REGULAR CALENDAR
5A. Consider approving the General Manager’s employment agreement (Report 15-224) [Subject to appointment and conclusion of negotiations.]
Denise Standridge 891-4833
5B. Consider ratification of the Interim General Manager’s approval and execution of a contract option with Gannett Fleming for project management/construction management services for the East Bay Bus Rapid Transit Project (Report 12-072c).
Aida Asuncion 891-4979
5C. Consider approving the draft agenda for the Board of Directors/Board Officers Retreat of September 30, 2015 (Report 15-175).
Linda Nemeroff 891-7284
6.
BOARD WORKSHOP
6A. Consider receiving report on the Major Corridors Study (Report 15053a).
Aida Asuncion 891-4979
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.
PLANNING COMMITTEE – Greg Harper, Chairperson Held immediately following the Board Meeting recess.
A-1.
Public Comment (for items not on the agenda)
Staff Contact or Presenter(s)
Consent Items: A-2.
Consider recommending receipt of the Quarterly Report on the East Bay Bus Rapid Transit Project (Report 15-176).
Aida Asuncion 891-4979
A-3.
Consider recommending receipt of the Quarterly Report on the District’s involvement in external planning processes (Report 15-178).
Aida Asuncion 891-4979
Briefing/Action Items: A-4.
Consider recommending receipt of the Quarterly Report on the Transbay Transit Center Project and authorize the Interim General Manager to send a letter to the Transbay Joint Powers Authority to confirm the District’s commitment to the Bus Storage Facility lease, operations, and maintenance costs (Report 15-177).
Alameda-Contra Costa Transit District
August 19, 2015
Aida Asuncion 891-4979
Page 5 of 8
A-5.
Consider recommending authorization to issue a Request for Proposals to purchase up to eighty-nine (89) 60-Foot articulated buses over a five-year period (Report 15-189).
James Pachan 891-7215
A-6.
Consider recommending receipt of report on routine service changes scheduled for implementation on August 23, 2015 in conjunction with the Fall Sign-up (Report 15-206).
Aida Asuncion 891-4979
B.
OPERATIONS COMMITTEE – Joe Wallace, Chairperson Held immediately following the Planning Committee meeting.
B-1.
Public Comment (for items not on the agenda)
Staff Contact or Presenter(s)
Consent Items: B-2.
Consider recommending receipt of Quarterly Operations Performance Report for AC Transit fixed route services (Report 15-181).
James Pachan 891-7215
B-3.
Consider recommending receipt of the Quarterly Report on the Status of all Contracts and Purchase Orders over $50,000 (Report 15-183).
James Pachan 891-7215
C.
EXTERNAL AFFAIRS COMMITTEE – Mark Williams, Chairperson Held immediately following the Operations Committee meeting.
C-1.
Public Comment (for items not on the agenda)
Staff Contact or Presenter(s)
Briefing/Action Items: C-2.
Consider recommending receipt of the Monthly Legislative Report and approval of legislative positions (Report 15-179).
Aida Asuncion 891-4979
C-3.
Consider recommending receipt of the Quarterly Status Report on Clipper usage and marketing (Report 15-180).
Tom O’Neill 891-7278
C-4.
Consider options for amending Board Policy No. 404 – Advertising on District Property, including 1) staff recommendation to eliminate free advertising, and 2) clarification of in-kind trade and partnership advertising (Report 15-198).
Tom O’Neill 891-7278
C-5.
Consider recommending approval of amendments to Board Policy 100 – Board of Directors Rules for Procedure concerning regular meetings (Report 15-169).
Linda Nemeroff 891-7284
Alameda-Contra Costa Transit District
August 19, 2015
Page 6 of 8
D.
FINANCE AND AUDIT COMMITTEE – Jeff Davis, Chairperson Held immediately following the External Affairs Committee meeting.
D-1.
Public Comment (for items not on the agenda)
Staff Contact or Presenter(s)
Consent Items: D-2.
Consider recommending receipt of the Monthly Report on Investments for the month of June, 2015 (Report 15-184).
James Pachan 891-7215
D-3.
Consider recommending receipt of the FY 2014-15 Fourth Quarter Travel and Meeting Expense Report for Directors and Board Officers (Report 15-185).
Linda Nemeroff 891-7284
D-4.
Consider recommending receipt of the FY 2014-15 Fourth Quarter Employee and Non-Employee Out-of-State Travel Report (Report 15186).
James Pachan 891-7215
D-5.
Consider recommending receipt of the FY 2014-15 Fourth Quarter Surplus and Obsolete Materials Report (15-182).
James Pachan 891-7215
Briefing/Action Items: D-6.
Consider recommending receipt of the Fiscal Year End Budget Update for FY 2014-15 (Report 15-187). RECONVENE BOARD OF DIRECTORS MEETING H. E. Christian Peeples, President
7.
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. PLANNING COMMITTEE: A-2. Consider receiving the Quarterly Report on the East Bay Bus Rapid Transit Project (Report 15-176). A-3. Consider receiving the Quarterly Report on the District’s involvement in external planning processes (Report 15-178). A-4. Consider receiving the Quarterly Report on the Transbay Transit Center Project and authorize the Interim General Manager to send a letter to the Transbay Joint Powers Authority to confirm the District’s commitment to the Bus Storage Facility lease, operations, and maintenance costs (Report 15-177). A-5. Consider authorizing the issuance of a Request for Proposals to purchase up to eighty-nine (89) 60-Foot articulated buses over a fiveyear period (Report 15-189). Alameda-Contra Costa Transit District
August 19, 2015
James Pachan 891-7215
Staff Contact or Presenter(s) Linda Nemeroff 891-7284
Aida Asuncion 891-4979 Aida Asuncion 891-4979 Aida Asuncion 891-4979
James Pachan 891-7215
Page 7 of 8
A-6.
Consider receiving report on routine service changes scheduled for implementation on August 23, 2015 in conjunction with the Fall Signup (Report 15-206).
B. OPERATIONS COMMITTEE: B-2. Consider receiving the Quarterly Operations Performance Report for AC Transit fixed route services (Report 15-181). B-3. Consider receiving the Quarterly Report on the Status of all Contracts and Purchase Orders over $50,000 (Report 15-183). C. EXTERNAL AFFAIRS COMMITTEE: C-2. Consider receiving the Monthly Legislative Report and approval of legislative positions (Report 15-179). C-3. Consider receiving the Quarterly Status Report on Clipper usage and marketing (Report 15-180). C-4. Consider options for amending Board Policy No. 404 – Advertising on District Property, including 1) staff recommendation to eliminate free advertising, and 2) clarification of in-kind trade and partnership advertising (Report 15-198). C-5. Consider approving amendments to Board Policy 100 – Board of Directors Rules for Procedure concerning regular meetings (Report 15169). D. FINANCE AND AUDIT COMMITTEE: D-2. Consider receiving the Monthly Report on Investments for the month of June, 2015 (Report 15-184). D-3. Consider receiving the FY 2014-15 Fourth Quarter Travel and Meeting Expense Report for Directors and Board Officers (Report 15-185). D-4. Consider receiving the FY 2014-15 Fourth Quarter Employee and NonEmployee Out-of-State Travel Report (Report 15-186). D-5. Consider receiving the FY 2014-15 Fourth Quarter Surplus and Obsolete Materials Report (15-182). D-6. Consider receiving the Fiscal Year End Budget Update for FY 2014-15 (Report 15-187). 8.
CONSENT CALENDAR ADDENDA
9.
AGENDA PLANNING
10.
GENERAL MANAGER’S REPORT
11.
BOARD/STAFF COMMENTS
12.
ADJOURNMENT Next Meeting: September 2, 2015, at 5:00 p.m.
Aida Asuncion 891-4979
James Pachan 891-7215 James Pachan 891-7215
Aida Asuncion 891-4979 Tom O’Neill 891-7278 Tom O’Neill 891-7278
Linda Nemeroff 891-7284
James Pachan 891-7215 Linda Nemeroff 891-7284 James Pachan 891-7215 James Pachan 891-7215 James Pachan 891-7215
The Board is requested to authorize as recommended from the committee meetings above.
Kathleen Kelly 891-4793
(Government Code Section 54954.2)
Alameda-Contra Costa Transit District
August 19, 2015
Page 8 of 8
