THA.IVS/T
BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
MINUTES Public Hearings/Regular Meetings of the Board of Directors and the Planning and Operations Committees AC Transit General Offices 2"d Floor Board Room 1600 Franklin St reet Oakland, CA 94612 Wednesday, September 2, 2015 at 5:00p.m. Closed Session: 4:30p.m. (Items 8A-8C) 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
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BOARD OF DIRECTORS MEETING- H. E. Christian Peeples, President Wednesday, September 2, 2015 at 5;00 p.m.
The Alameda-Contra Costa Transit District Board of Directors held a
ACTION SUMMARY
!
regular meeting on Wednesday, September 2, 2015.
The meeting was called to order at 4:35 p.m. for the purpose of Closed Session. All Board members were present with the exception of Director Davis who arrived at 5:00 p.m. The District Secretary announced that the Board would convene in Closed Session to discuss
Items SA-C as listed on the agenda. Closed Session concluded at 5:05 p.m. At 5:13
p.m., President Peeples called the Board of Directors meeting
to order. Items were taken out of sequential order. However, they are reported
in sequential order in the minutes for ease in reading. 1.
ROLLCALL Present: Wallace, Harper, Williams, Davis, Young, Ortiz, Peeples
2. PUBLIC HEARINGS 2A. • Hold Public Hearing to receive public comment regarding the proposed extension of the Late Night Service Pilot agreement with
•
BART and the Draft Initial Study/Negative Declaration for the Additional Late Night Service Project. Consider the selection of a Late Night Service option and the adoption of Resolution No. 15-039 approving the Initial Study/Negative Declaration for the Additional late Night Service
Project and service on new streets in downtown San Francisco; authorize the filing of a Notice of Determination, and approving the Late Night Service Expansion Plan and service on new streets in downtown San Francisco (Report 14-22Zb).
[A revised Resolution No. 15-039 was provided at the meeting for the : Board's consideration.] : [Written comments received prior to the meeting were provided for the ; Board's consideration and are incorporated into the file by reference.] ; President Peeples welcomed everyone to the Public Hearing and ) introduced the members of the Board of Directors and the Board i Officers. He then called on General Counsel Denise Standridge to ! outline the rules of order and procedures for public speakers.
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The Public Hearing opened at 5:12 p.m. The meeting was turned over to Interim General Manager Kathleen Kelly for the staff presentation. : Transportation Planner Stephen Newhouse presented the staff report. One person appeared to present testimony on the proposed extension of the late Night Service Pilot agreement with BART. There were no comments received regarding the Initial Study/Negative Declaration. A summary of the testimony received is provided in Exhibit A of the minutes. The public hearing closed at 5:30p.m. MOTION: WALLACE/HARPER to approve the findings with respect to ! the Initial Study/Negative Declaration concerning the Additional Late
) Night Service Project and service on new streets in downtown San · of Resolution No. 15-039. The
I Francisco as set forth in Section 1 i motion carried by the following vote: !
I AYES:7: Wallace, Harper, Williams, Davis, Young, Ortiz, Peeples ! J
MOTION: WALLACE/ORTIZ to adopt revised Resolution No. 15-039
i approving the Initial Study/Negative Declaration for the Additional Late
! Night
Service Project and service on new streets in downtown San i Francisco; to authorize the filing of a Notice of Determination, approving service Option 4 (as provided in the staff report) and approving the late Night Service Expansion Plan and service on new !1 streets in downtown San Francisco. The motion carried by the following vote:
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AYES:7: Wallace, Ortiz, Harper, Williams, Davis, Young, Peeples 2B. , Hold Public Hearing to receive public comment on the proposed ! continuation of line 46L bus service to Grass Valley; and consider the adoption of Resolution No. 15-038 approving the continuation of the Line 46L service and authorize filing of a Notice of Exemption (Report
i i
i 14-229b).
I
i' {A revised Resolution No. i Board's consideration.]
15-038 was provided at the meeting jar the
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[W,;tten comments received prior to the meeting were provided for the l Board's consideration and are incorporated into the file by reference.] j
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I President Peeples opened the Public Hearing at 5:31 p.m. The meeting I was turned over to Interim General Manager Kathleen Kelly for the I staff presentation. Senior Transportation Planner Sean Diest lorgion I presented the staff report Alameda"Contra Costa Transit District
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! A total of four persons appeared to present testimony on the proposed : ; continuation of line 46l bus service to Grass Valley. A summary of the' : testimony received is provided in Exhibit B of the minutes. The public hearing closed at 5:44 p.m.
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' j MOTION: ORTIZ/WALLACE to adopt revised Resolution No. 15·038
! approving the continuation of the line 46l service and authorize filing ! of a Notice of Exemption. The motion carried by the following vote:
Ii AYES:7: Ortiz, Wallace, Harper, Williams, Davis, Young, Peeples '
3.
j
PUBLIC COMMENT
! There was no public comment offered. 4.
APPROVED
. CONSENT CALENDAR
MOTION: WALLACE/ORTIZ to approve the Consent Calendar as presented. The motion carried by the following vote: AYES:7: Wallace, Ortiz, Harper, Williams, Davis, Young, Peeples
4A. : Consider approving Board of Directors minutes of August 14, 2015. (special meeting). 48. Consider approving Board of Directors minutes of August 18, 2015. (special meeting).
4C. Consider approving Board of Directors and Standing Committee minutes of August 19, 2015. 5.
REGULAR CALENDAR
SA. Update on a legislative proposal in furtherance of Resolution No. 15040 [Requested by Vice President Ortiz- 8/19/15]. (Verbal).
NO ACTION TAKEN
General Counsel Denise Standridge advised that because the language of the legislative proposal was submitted late in the legislative session, the District has been asked to resubmit it in January at the start of the new session. Ms. Standridge added that she would be researching the law concerning reciprocity in order to better answer questions that have been raised concerning this topic. No action was taken.
58. Consider abolishing the limited-purpose Executive Search Committee.
APPROVED
(verbal)
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As the recruitment for a permanent General Manager is complete, District Secretary linda Nemeroff advised the Committee serves no further purpose and is recommended for abolishment. I
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I MOTION:
WALLACE/WILLIAMS
I Executive Search i' vote:
to
abolish
the
limited-purpose
Committee. The motion carried by the following
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I AYE$:7: Wallace, Williams, Harper, Davis, Young, Ortiz, Peeples RECESS TO STANDING COMMITTEES (as the Committee of the Whole)
The Board meeting recessed to the Standing Committees at 5:55p.m •. All COMMITTEES ARE ADVISORY ONLY.
A.
PLANNING COMMITTEE- Greg Harper, Chairperson
The Planning Committee convened at 5:55 p.m. All Committee i members were present. A-1.
ACTION SUMMARY
I Public Comment (for items not on the agenda) i There was no public comment offered. I
i Briefing/Action Items: A-2.
ConsidQr recommQnding receipt of report on AC Transit's Title VI requirements for detour signage [Requested by Vice President OrtizI 6/24/15) (Report 15-212). 'I
RECOMMEND RECEIPT
i
i {A
revised Attachment 1 to the Staff Report was provided at the i meeting for the Committee's consideration.] i
i Marketing and Community Relations Manager Victoria Wake presented
i the staff report.
IDiscussion ensued regarding the durability and timeliness of event
l signage at bus stops, translation of Operator signs, and the usefulness ) of telephone communication.
I
With respect to temporary detour signage, Director Harper 1 commented that the more steps are added to a process, the more I likely it is that the process will break down unless the proper resources are available. He added that long lead times for translation threatened the ability to provide the same amount of notice currently provided. I Vice President Ortiz noted that AC Transit is obligated to provide j service, including detour information, to non·English speaking ! passengers. 1
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I Alameda-Centro Costa Transit District
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MOTION: ORTIZ/WILLIAMS to forward to the Consent Calendar Addenda recommending receipt. The motion carried by the following vote: AVES:7: Ortiz, Williams, Wallace, Davis, Young, Peeples, Harper The Planning Committee adjourned at 6:12p.m. B.
OPERATIONS COMMITTEE- Joe Wallace, Chairperson j The Operations Committee convened at 6:12 p.m. All Committee i members were present. !
ACTION SUMMARY
I
B-1. ! Public Comment (for items not on the agenda) i' There was no public comment offered.
I Briefing/Action Items: B-2. I Consider recommending adoption of Resolution No. 15-032 approving l amendments to Board Policy 222 - Alcohol and Substance Abuse Policy and repeal Resolution No. 15-009 (Report 15-188).
RECOMMEND ADOPTION
Human Resources Administrator Uta Jamerson presented the staff report. Director Harper observed that most of the amendments to the policy · : dealt with simple edits that should have been corrected earlier by staff ; familiar with the program. He was also concerned that the ' amendments giving rights to employees during the drug testing process would not be supported by the Federal Transportation . Administration (FTA) Ms. Jamerson advised that the unions only agreed to those changes requested by the FTA as any other amendments would be subject to negotiation. She explained that two revisions to the policy had taken place because the FTA performed two separate audits, one for the Triennial Audit and a full audit which had not been done since 2010. 1
MOTION: YOUNG/ORTIZ to forward to the Consent Calendar Addenda The motion carried by the following vote:
i recommending adoption.
: AYE$:7: Young, Ortiz, Harper, Williams, Davis, Peeples, Wallace B-3.
Consider recommending that the General Manager be authorized to execute documents through the California State Consortium Contract . for the procurement of eighteen non-revenue vehicles (Report 15- : '219).
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RECOMMEND APPROVAL
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Manager of Technical Services Stuart Hoffman presented the staff' report. Director Davis inquired under what conditions the District would be ready to purchase fuel cell vehicles. Mr. Hoffman advised that Hyundai offers lease options only in Southern California and Toyota may offer leasing in the first quarter next year. By that time, staff will have better knowledge of what's available and hope to work through CARB and the State Consortium to obtain fuel cell vehicles. President Peeples commented that he's glad we are going to hybrids and the orles we are purchasing are highly rated. MOTION: WILLIAMS/PEEPLES to forward to the Consent Calendar
Addenda recommending approval. The motion carried by the following vote: AYES:7: Williams, Peeples, Harper, Ortiz, Davis, Young, Wallace B-4.
RECOMMEND
Consider recommending that the General Manager be authorized to 1 enter into a sole source contract with Diego Enriquez Maldonado for i PeopleSoft Human Capital Management timekeeping and payroll
APPROVAL
! support (Report 15·221). '
I' Director
of Systems Software and Development Manjit Sooch ! presented the staff report. I
i President Peeples asked the General Counsel if the District was within
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the IRS requirements concerning long-term consultants, to which Ms. Standridge replied that her office had reviewed it, discussed it with the Department Chief and would continue to monitor it.
i Vice
President Ortiz inquired about the sole source nature of the
I contract, noting that the Board was told last year that many of these I contracts would be eliminated. She also wanted to know what "long! term"
meant in terms of these contracts. Ms. Sooch advised that the District filled three permanent PeopleSoft positions to replace the consultants, which took eight months. Now that these new hires are in place, cross training can commence with the one remaining consultant. She assured that this contract would only be in place for FY 2015-16.
i MOTION: PEEPLES/WILLIAMS to forward to the Consent Calendar
j Addenda recommending approval. The motion carried by the following :vote:
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AYES:7: Peeples, Williams, Harper, Ortiz, Davis, Young, Wallace
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The Operations Committee adjourned at6:24 p.m.
I RECONVENE BOARD OF DIRECTORS MEETING I' H. E. Christian Peeples, President
I
! The
ACTION SUMMARY
Board of Directors meeting reconvened at 6:24 p.m. All Board i ! 'i members were present
I REPORTS OF STANDING COMMITTEES
6.
REPORT GIVEN
District Secretary Linda Nemeroff reported that all of the items from ! the Planning and Operations Committee meetings were referred to the Consent Calendar Addenda recommending receipt, approval or adoption as presented. f
7.
CONSENT CALENDAR ADDENDA MOTION: WALLACE/ORTIZ to receive, approve or adopt the
I
items
referred to the Consent Calendar Addenda as indicated.
RECEIVED, APPROVED OR ADOPTED AS INDICATED
I The motion carried by the following vote: I I
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i AYES:7: Wallace, Ortiz, Harper, Williams, Davis, Young, Peeples i The items brought before the Board were as follows: A.
PLANNING COMMITTEE:
A-2.
Consider receiving report on AC Transit's Title VI requirements for detour signage [Requested by Vice President Ortiz - 6/24/15] (Report 15·212).
B.
t
OPERATIONS COMMITTEE:
B-2. i Consider adoption of Resolution No.lS-032 approving amendments to , Board Policy 222 - Alcohol and Substance Abuse Policy and repeal Resolution No. 15-009 (Report 15·188).
B-3.
8·4.
8.
Consider authorizing the General Manager to execute documents through the California State Consortium Contract for the procurement of eighteen non-revenue vehicles (Report 15-219). Consider authorizing the General Manager to enter into a sole source contract with Diego Enriquez Maldonado for PeopleSoft Human Capital Management timekeeping and payroll support (Report 15-221). REPORT GIVEN
CLOSED SESSION/REPORT OUT
General Counsel Denise Standridge reported out on the following: MOTION: PEEPLES/WALLACE to authorize settlement of Claim No. 14·
2898, Mercury Casualty Company v. AC Transit, in the amount of $129.432.77. The motion carried by the following vote:
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AVES:6: Peeples, Wallace, Harper, Williams, Young, Ort iz ABSENT:l: Davis No other reports were given. SA.
Conference with Legal Counsel - Potential Utigation (Government Code Section S4956.9(b)) (Three Cases)
88. 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
SC.
Public Employee Performance Evaluation (Government Code Section 54957) Title: Interim General Manager, General Counsel, District Secretary
9.
AGENDA PLANNING Referred to Operations Vice President Ortiz requested a report ana lyzing how positions are determined to be represented or unrepresented. (President Peeples concurred)
Director Harper commented that he observed the Fuel Cell bus being towed because it had run out of fuel, noting that it did not have a fuel gauge. Interim General Manager Kathleen Kelly asked the Chief Operating Officer to follow-up with Director Harper.
10.
GENERAL MANAGER'S REPORT The General Manager's report is incorporated into the file by reference as Staff Report 15-230.
11.
BOARD/STAFF COMMENTS Members of the Board commented on meetings and events attended since the last meeting.
12.
ADJOURNMENT There being no further business to come before the Board of Directors, t he meeting was adjourned at 6:40 p.m. in honor of Clarence Johnson, retired AC Transit Media Affairs Manager. The next meeting of the Board of Directors is scheduled for Wednesday, September 16, 2015 at 5:00p.m.
INFORMATION ONLY
Respectfully submitted,
~~ Linda A. Nemeroff District Secretary
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