BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
AGENDA
Regular Meetings of the Board of Directors and the External Affairs, Finance and Audit, Planning, and Operations Committees AC Transit General Offices 2nd Floor Board Room 1600 Franklin Street Oakland, CA 94612
Wednesday, September 16, 2015 at 5:00 p.m. Closed Session: 4:15 p.m. (Items 8A-8D)
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.
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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/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.
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BOARD OF DIRECTORS MEETING – H. E. Christian Peeples, President Wednesday, September 16, 2015 at 5:00 p.m. 1.
Staff Contact or Presenter
ROLL CALL
2. PRESENTATIONS 2A. Update on federal legislative matters. (verbal) 2B. Update on state legislative matters. (verbal) 3.
PUBLIC COMMENT
4.
CONSENT CALENDAR
Steve Palmer Van Scoyoc Associates Steve Wallauch Platinum Advisors
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 and Standing Committee minutes of September 2, 2015.
Linda Nemeroff 891-7284
4B. Consider receiving Accessibility Advisory Committee minutes of July 14, 2015 (Report 15-174).
Aida Asuncion 891-4979
4C. Consider receiving Retirement Board minutes of August 5, 2015 (Report 15-231).
Hugo Wildmann 891-4889
4D. Consider amending the existing contract with Krauthamer & Associates to extend the period of performance and include executive search services for the recruitment of up to five additional executive staff positions in addition to the Chief Financial Officer position (Report 15115c).
James Pachan 891-7215
5.
REGULAR CALENDAR
5A. Consider the naming options for AC Transit’s East Bay Bus Rapid Transit service and approve the selection of the name “Tempo” for the service (Report 15-190).
Tom O’Neill 891-7278
5B. Consider adoption of Resolution No. 15-042 approving a Memorandum of Understanding amending the Collective Bargaining Agreement with the American Federation of State and Municipal Employees, Local 3916 (Report 15-236). [Subject to approval by AFSCME, Local 3916]
Kathleen Kelly 891-4793
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5C. Consider authorizing the Interim General Manager to award a contract award to Palace Garage for heavy duty towing services (Report 15094a).
James Pachan 891-7215
5D. Consider approving the draft agenda for the Joint Board of Directors/Retirement Board meeting scheduled for October 21, 2015 (Report 15-238).
Linda Nemeroff 891-7284
5E. Consider approving November 11, 2015, as the regular Board meeting date for the month of November. (verbal)
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)
Staff Contact or Presenter(s)
Briefing/Action Items: A-2.
Consider recommending receipt of the monthly legislative report and approval of legislative positions (Report 15-215).
Aida Asuncion 891-4979
A-3.
Consider recommending that the Interim General Manager or her designee be authorized to execute the amended and restated Clipper Memorandum of Understanding with the Metropolitan Transportation Commission (MTC) and Bay Area transit operators with respect to roles and responsibilities, the establishment of a Clipper Executive Board, partial reimbursement of MTC’s costs for additional Clipper staff position(s) supporting the ‘C2’ project, and revising the cost allocation formula (Report 15-194).
Tom O’Neill 891-7278
B.
FINANCE AND AUDIT COMMITTEE – Jeff Davis, Chairperson Held immediately following the External Affairs Committee meeting.
Staff Contact or Presenter(s)
B-1. Public Comment (for items not on the agenda) Consent Items: B-2. Consider recommending receipt of the Monthly Report on Investments for the month of July 2015 (Report 15-217).
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James Pachan 891-7215
Briefing/Action Items: B-3. Consider recommending that the Interim General Manager be authorized to execute a funding agreement with the City of Oakland for funds to supplement the City of Oakland’s Business Sustainability Program associated with the East Bay Bus Rapid Transit Project (Report 15-211).
James Pachan 891-7215
B-4. Consider recommending that the Interim General Manager, or her designee, be authorized to submit an additional project request to the Metropolitan Transportation Commission for the update of the PlanBayArea Regional Transportation Plan (Report 15-196a).
James Pachan 891-7215
C.
PLANNING COMMITTEE – Mark Williams, Chairperson Held immediately following the Finance and Audit Committee.
C-1.
Public Comment (for items not on the agenda)
Staff Contact or Presenter(s)
Briefing/Action Items: C-2.
Consider recommending that a public hearing be set on November 11, 2015 at 2:00 p.m. and 5:00 p.m. regarding Phase 1 service improvements recommended as part of the Comprehensive Operations Analysis (Report 15-218).
Aida Asuncion 891-4979
C-3.
Consider recommending receipt of report on the updated cost and schedule requirements for the East Bay Bus Rapid Transit Project (Report 15-226).
Aida Asuncion 891-4979
D.
OPERATIONS COMMITTEE – Joe Wallace, Chairperson Held immediately following the Planning Committee.
D-1.
Public Comment (for items not on the agenda)
Staff Contact or Presenter(s)
Briefing/Action Items: D-2.
Consider recommending authorization to release a solicitation for qualified vendors/contractors to provide hazardous waste disposal services including identification, labelling, collection, transportation and disposal of hazardous wastes in accordance with applicable state and federal laws (Report 15-228).
James Pachan 891-7215
D-3.
Consider recommending adoption of Resolution No. 15-041 abolishing the executive Classification Specifications identified in the Staff Report effective October 14, 2015; and repealing Resolution Nos. 899, 1175, 1192, 2050, 2051 and 06-017 (Report 15-235).
Kathleen Kelly 891-4793
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RECONVENE BOARD OF DIRECTORS MEETING H. E. Christian Peeples, President 6.
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 receiving the monthly legislative report and approval of legislative positions (Report 15-215). A-3. Consider authorizing the Interim General Manager or her designee to execute the Amended and Restated Clipper Memorandum of Understanding with the Metropolitan Transportation Commission (MTC) and Bay Area transit operators with respect to roles and responsibilities, the establishment of a Clipper Executive Board, partial reimbursement of MTC’s costs for additional Clipper staff position(s) supporting the ‘C2’ project, and revising the cost allocation formula (Report 15-194). B. FINANCE AND AUDIT COMMITTEE: B-2. Consider receiving the Monthly Report on Investments for the month of July 2015 (Report 15-217). B-3. Consider authorizing the Interim General Manager to execute a funding agreement with the City of Oakland for funds to supplement the City of Oakland’s Business Sustainability Program associated with the East Bay Bus Rapid Transit Project (Report 15-211). B-4. Consider authorizing the Interim General Manager, or her designee, to submit an additional project request to the Metropolitan Transportation Commission for the update of the PlanBayArea Regional Transportation Plan (Report 15-196a). C. PLANNING COMMITTEE: C-2. Consider recommending that a public hearing be set on November 11, 2015 at 2:00 p.m. and 5:00 p.m. regarding Phase 1 service improvements recommended as part of the Comprehensive Operations Analysis (Report 15-218). C-3.
Consider receiving report on the updated cost and schedule requirements for the East Bay Bus Rapid Transit Project (Report 15226).
D. OPERATIONS COMMITTEE: D-2. Consider authorizing the release of a solicitation for qualified vendors/contractors to provide hazardous waste disposal services including identification, labelling, collection, transportation and disposal of hazardous wastes in accordance with applicable state and federal laws (Report 15-228).
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Staff Contact or Presenter(s) Linda Nemeroff 891-7284
Aida Asuncion 891-4979 Tom O’Neill 891-7278
James Pachan 891-7215 James Pachan 891-7215
James Pachan 891-7215
Aida Asuncion 891-4979
Aida Asuncion 891-4979
James Pachan 891-7215
D-3.
Consider adoption of Resolution No. 15-041 abolishing the executive Classification Specifications identified in the Staff Report effective October 14, 2015; and repealing Resolution Nos. 899, 1175, 1192, 2050, 2051 and 06-017 (Report 15-235).
7.
CONSENT CALENDAR ADDENDA
8.
CLOSED SESSION/REPORT OUT
Kathleen Kelly 891-4793
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
8A. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9 (a))
Elidia Duarte vs. AC Transit and Roland Butler; ACSC Case No. RG14723111; Claim No. 13-1039
8B. Conference with Legal Counsel – Potential Litigation (Government Code Section 54956.9(b)) (Three Cases)
8C. 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
8D. Public Employee Performance Evaluation
(Government Code Section 54957) Title: Interim General Manager, General Counsel, District Secretary
9.
AGENDA PLANNING
10.
GENERAL MANAGER’S REPORT
11.
BOARD/STAFF COMMENTS
12.
ADJOURNMENT Next Meeting: October 14, 2015 at 5:00 p.m.
Kathleen Kelly 891-4793
(Government Code Section 54954.2)
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PRESENTATIONS September 16, 2015 2A. Update on federal legislative matters. Verbal report by Steve Palmer Van Scoyoc Associates 2B. Update on state legislative matters. Verbal report by Steve Wallauch Platinum Advisors
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BOARD OF DIRECTORS CONSENT CALENDAR
September 16, 2015 Agenda Items 4A – 4D
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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
Alameda-Contra Costa Transit District
September 2, 2015 13
Page 1 of9
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.
Alameda-Contra Costa Transit District
September 2, 2015 14
Page 2 of 9
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:
l I
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
I
[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
i
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
September 2, 2015 15
Page 3 of9
! 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.
I
' 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)
Alameda-Contra Costa Transit District
September 2, 2015 16
P<~ge
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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
!
I MOTION:
WALLACE/WILLIAMS
I Executive Search i' vote:
to
abolish
the
limited-purpose
Committee. The motion carried by the following
i
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
I I
I Alameda-Centro Costa Transit District
September 2, 2015 17
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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).
Alameda-Contra Costa Transit District
September 2, 2015 18
RECOMMEND APPROVAL
Page 6 of 9
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
!
i I
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:
I
AYES:7: Peeples, Williams, Harper, Ortiz, Davis, Young, Wallace
Alameda-Contra Costa Transit District
September 2, 2015 19
Page 7 of 9
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
I
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:
Alameda-Contra Costa Transit District
September 2, 2015 20
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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
Alameda-Contra Costa Transit District
September 2, 2015 21
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Report No: Meeting Date:
15-174 September 16, 2015
Alameda-Contra Costa Transit District
STAFF REPORT TO:
AC Transit Board of Directors
FROM:
Kathleen Kelly, Interim General Manager
SUBJECT:
Accessibility Advisory Committee M inutes of July 14, 2015
BRIEFING ITEM RECOMMENDED ACTION(S):
Consider receiving the Accessibility Advisory Committee minutes of July 14, 2015. EXECUTIVE SUMMARY:
The M inutes for July 14, 2015 were app roved by the Accessibility Advisory Committee on September 8, 2015. Major topics included AC Transit's Service Expansion Plan an d Review of Quarterly ADA Complaint. BUDGETARY/FISCAL IMPACT:
There is no budgetary or fiscal impact associated with this report.
BACKGROUND/RATIONALE:
The Accessibility Advisory Committee was established by the Board of Directors in 1991 to review, comment and advise the Board of Directors and District staff rega rding the implementation and enhancement of planning programs and services for seniors and people with disabilities. The committee consist s of 14 members with two members being appointed by each of the seven elected members of the District's Board of Directors. Committee members serve a one-year term. ADVANTAGES/DISADVANTAGES:
This report is being provided to inform the Board of the activities of the Accessibi lity Adviso ry Committee. ALTERNATIVES ANALYSIS:
This report does not recommend an action.
23
Report No. 15-174
Page 2 of 2 PRIOR RELEVANT BOARD ACTIONS/POLICIES:
GM Memo No. 12-073, dated March 28, 2012, Accessibility Advisory Committee Bylaws GM Memo No. 10-221, dated October 13, 2010, Adopted Resolution No. 10-047 Repealing all Prior Resolutions Concerning the Establishment of the Accessibility Advisory Committee (AAC) and Board Policy No. 504. ATTACHMENTS
1. AAC Minutes for July 14, 2015
Department Head Approval:
Reviewed by:
Prepared by:
Aida R. Asuncion, Interim Chief Planning, Construction & Engineering Officer Robert del Rosario, Director of Service Development Mallory Nestor-Brush, Accessible Services Manager Kim Ridgeway, Accessible Services Specialist Tammy Kyllo, Administrative Coordinator
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Staff Report 15-174 Attachment 1
June 9, 2015
AAC Minutes
REGULAR MEETING OF THE AC TRANSIT ACCESSIBILITY ADVISORY COMMITTEE (AAC) JULY 14, 2015 The meeting came to order at 1:02 p.m.
1. Roll Call and Introduction of Guests AAC members present:
Janet Abelson Shirley Cressey Steve Fort Lisamaria Martinez James Robson
Scott Blanks, Chair Pam Fadcm Saleem Gilmore Don Queen Hale Zukas, Vice Chair
AAC members absent: Jim Gonsalves (excused)
Will Scott
Yuli Jacobson (excused) Marina Villena (excused)
Staff:
Mallory Nestor-Rmsh, Accessible Senrices Manager Kim Ridgeway, Accessible Services Specialist Tammy Kyllo, Administrative Coordinator Stephen Newhouse, Transportation Planner Claudia Burgos, l,egislativc Affairs & Community Relations
Guests:
H.E. Christian Peeples, Board President Miguel Martinez, BRT Consultant for Community Outreach
2. Order of Agenda The order of the agenda was approved.
3. Approval of Minutes MOTION: Fadem/Robson approved the June 9, 2015 AAC meeting minutes. The motion carried by the following vote: A YES - 6: Abelson, Cressey, Fad em, Fort, Queen, Robson ABSTENTIONS- 4: Blanks, Gilmore, Martinez, Zukas ABSENT- 4: Gonsalves, Jacobson, Scott, Villena
4. AC Transit's Service Expansion Plan Stephen Newhouse, Transportation Planner, reviewed the process for AC Transit's Service Expansion Plan (SEP). AC Transit conducted a public outreach campaign in ta.ll 2014 f(Jr the Comprehensive Operations Analysis (COA). The next step was to develop a set of guiding principles based on that feedback, existing policies, goals and objectives, and current best practices in planning bus service. That docwnent was the basis for the recommendations in the Routes & Schedules plan, including: Page 1 of4 25
Destinations • Serve Priority Development Areas and transit-oriented developments. • Establish more improved connections to key destinations not previously served well like Union Landing Shopping Center in South County. • Re-establish co1mections to key destinations eliminated with the 20 10 service cuts like Line 57 to Emeryvi lle. Streets • Serve designated transit streets as identified by the cities and counties like Fremont Boulevard. Route Network • Simplify corridor route design in places like San Pablo and MacA.lthur where there are three or more routes serving the corridor. • Implement a grid network, where feasible, to increase choices of destinations. • EstabUsh consisteut weekday and weekend routing. • Design simpler routes, with fewer turns, to improve reliability and legibility. • Plan for timed transfers for the grid network, BART and schools. • Reconfigure confusing loop routes. • Develop shorter routes to improve reliability (60-rninute travel time or less). • Implement Flex Service where warranted, beginning with the South County service area including Fremont and Newark. Stop Spacing • Change stop spacing so that it is more consistent with existing policies; remove or add stops where warranted. Frequency • Increase frequency to 30-minutes or better and on ly in conjuncti on with improving reliability. • Replace 60 minute frequency routes with 30 minute frequency unless 60 minutes is sufficient for the route function and demand. • Ensure 15 minute frequency or better on Major Corridors; 10 minutes or better on Trunk Lines. Hours of Operation • Develop consistent, improved service spans with 5 a.m. start times on trunk lines, 6 a.m. on other routes, and 8 p.m., .I 0 p.m. , or 12 a.m. end times depending on service type. • Operational Efficiency: Establish common endpoints for routes in order to access operator restroom and break facilities, streamline road supervision, and create multiple routes to major destinations. As part of AC Transit' s efforts to improve transportation in the E ast Bay, the agency has developed approximately 40 recommendations for new, expanded and improved routes and schedules throughout the service area. The SEP is now avai lable for another round of community input prior to a public hearing in November and final approval from the AC Transit Board of Directors. Comments may be submitted thought July 31, 2015 in the following ways: • Via the web at actransit.org/sep • Email
[email protected] • Call (510) 891-7293 • In person at one of the many events where you will find AC Transit staff ready to take yoUl·input Staff will send out links to the survey to the AAC members. Page 2 of 4 26
5. Follow-up with 25 1h ADA Anniversary Mallory Nestor-Brush, Accessible Services Manager, updated the committee on the 25th Anniversary of the ADA celebration. The Marketing Department, External Affairs and Accessible Services staff are working on the event which will be held at the new East Bay Paratransit Office, 1750 Broadway, Oakland, CA 94612. Claudia Burgos, Legislative Affairs & Community Relations, updated the committee on the ADA resolution and the letter from the Board. The Board will use the resolution to forward to cities to engage stakeholders and other officials. Draft program includes AC/BART General Managers and Board Presidents. The team will 1 finalize plans for the campaign and follow up with the Committee at the September 8 h meeting. 6. Report on the AAC/NBO Class- June 10,2015 Janet Abelson reported how good the classes are for the "human" experience. The July 15, 2015 class was canceled. Kim Ridgeway will send out the next few dates to get volunteers.
7. Review of Quarterly ADA Complaints Tammy Kyllo, Administrative Coordinator, reviewed the 4th Quarter (April I -June 30) FY 13/14 and FY 14115 Customer Relations ADA Complaints. The ADA-Conduct/Discourtesy complaints were significantly lower in FY 14/15 compared to FY 13/14. A new Reasonable Modification!Accommodation code was added to the report. 8. Chair's Report None. 9. Board Liaison Report Board President H.E. Christian Peeples reported on the following items: • The recruitment for the new General Manager is progressing, IS being narrowed down to 2-3 candidates. • The July 8, 2014 Board of Directors Meeting agenda items included: o Contra-Flow lane o Double-decker Bus o September 2, 2015 Public hearing on the 46L and Late-Night Service 800, 801, and 822
10. Review of Lift/Ramp Road Call Report The report for the period of May 24-Junc 27, 2015, showed 24lifi/ramp road calls. Of these 24 road calls, 14 were chargeable or mechanical. Staff was informed that "Road Hanrd" applies when a ramp or related system such as a flip seat or a restraint/belt is damaged by a foreign object or passenger, or when something gets stuck under or on a ramp and it renders the system or ramp inoperable. 11. Service Review Advisory Committee (SRAC) Report Janet Abelson reported that the SRAC met on July 7, 2015. Elections of Chair & Vice-Chair were held and Don Queen was elected Chair. Janet reported that this was the last meeting for Mary Rowlands who has been with the Broker Office for over 20+ years. There was also a report on the broker office move to 1750 Broadway, Oakland. The next SRAC meeting will be held on September 1, 2015. 12. Alameda County Transportation Commission (ACTC) PAPCO Report Hale Zukas reported that the conunittcc is continuing to work on the Gap Grant funding program. 13. Public Comments None. Page 3 of4 27
14. Member Communications and Announcements • Pam Fadem reported that the 19th Street elevators will be out of service from July 17, 20 IS through July 21, 2015. • Scott Blanks announced that The Lighthouse will be moving in December to a location right at Civic Center entrance.
15. Staff Communications and Announcements Mallory Nestor Brush, Accessible Services Manager, announced that the Joint ACT and City of Oakland Access committees will be held on September 21 51 at 2:00pm at Oakland City Hall.
16. Set Next Agenda & Meeting Date The next AAC Meeting will be held Tuesday, September 8, 2015 at 1750 Broadway, Oakland, CA. Agenda items include BRT Update and Follow-up on the 25 1h Aill1iversary of ADA Celebration. 17. Adjournment The meeting adjourned at 2:47p.m.
Page 4 of 4 28
Staff Report 15-231
Draft :Minutes Special Meeting of the AC TRANSIT RETIREMENT BOARD August 5, 2015
ROLLCALL Chair Jeffrey Lewis called the meeting to order at 9:04 AM Members Present: Absent at Roll Call: Members Absent:
Davis Riemer, Joyce Willis, and Chair Jeffrey Lewis Sue Lee Vice Chair Yvonne Williams
Also Present: Hugo Wildmann, Retirement System Manager; Adelle Foley, Retirement System Administrator; Russell Richeda, Legal Counsel; (the following individuals were at part of the meeting); James Pachcn, AC Transit Interim Chief Financial Officer; Bob McCrory, and Graham Schmidt, Cheiron; Carolyn Smith and Kevin Novak, NEPC; Chris Harris, Brookfield Asset Management, and Juan Jimenez (by phone); Coe Jurack, Crow Holdings.
PUBLIC COMMENTS None
CONSENT CALENDAR MOTION: RIEMER/WILLIS to adopt the Consent Calendar (3-0-0-2) Ayes:
Noes: Abstain: Absent:
Members Riemer, and Willis, and Chair Lewis None None Member Lee, Vice Chair Williams-- 2
APPROVED A. Approval of Minutes for July 17, 2015
APPROVED
B. Approval of Financials for June 20 l 5 APPROVED C. Approval of Invoices in the Amount of$209,476.32
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~-
3
AC Transit Retirement Board
August 5, 2015 APPROVED D. Approval of Retirements for September 2015
I. Mamie Lewis 2. Connie Willis
40353 30501
APPROVED The Board congratulated retiree Mamie Lewis for 30 years of service and Connie Willis for 29 years of service.
REGULAR CALENDAR (Member Lee joined the meeting at this point.) (Several Agenda Items were taken out of order to accommodate outside presenters and allow non-Board members to join in the discussion of selected items.)
I. Update on 2015 Retirements Approved in June 2015 1. James Murchison-- Term Vested
Hugo recalled that the question was whether to pay interest to Mr. \.1urchison on his retroactive pension payment. Hugo told the Board that staiT had no memory or record of having paid interest in any similar circumstance. Chair Lewis said that he did not believe that this case should be an exception.
MOTION: RIEMER/LEE to grant Mr. Murchison a retroactive payment dating back to his 65 1h birthday without interest. (4-0-0-1) 2. Teresa de la Puente- Term Vested Adelle reported that Ms. de la Puente had provided the required documents and her first check had been issued. (Bob McCrory and Graham Sclunidt of Cheiron and James Pachcn, AC Transit Interim Chief financial Officer, joined the discussion of Agenda Items E through G) E. 2015 Actuarial Cost I.etter and Valuation F. Experience Study G. Rate of Return and Inflation Assumption for 2015 Actuarial Valuation Hugo reviewed the annual actuarial valuation process, which had taken place during several meetings. He pointed out that the Experience Study results were included in the material for this meeting.
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AC Transit Retirement Board August 5, 2015 Graham reminded the Board that every few years the Experience Study reviews economic data and assumptions, as well a<> demographics, He referred to a survey of inflation assumptions and concluded that it is reasonable to retain the 3% inflation assumption. The Board noted that price and wage increases had been below the projections in recent years. Graham stressed the importance of stable assumptions, Regarding the discount rate, Graham told the Board that public plans have been reducing their assumed rates of return, but AC Transit's assumption has been below that of many plans. NEPC's long~term assumption is 7.18%, slightly below AC Transit's 7.25%. However, NEPC also has a 5-7 year assumption of 5.82%. He concluded that the 7.25% discount rate is reasonable. Looking ahead, Bob said that the Board should consider the possibility of reducing the expected rate of return. Jim Pachen remarked that the mortality study had already resulted in a large increase in the District contribution at a time when the District needs to increase service, Turning to the Experience Study, Graham told the Board that the issue is future changes in mortality. Retirement plans had underestimated the reduction in moliality rates. The updated mortality tables call for reductions in both current and future death rate assumptions, increasing the Pension contribution. Bob added that AC Transit's blue collar mortality rates arc 30% above average blue collar rates, and white collar rates are 20% above the average, but they are comparable to other transit agencies. Graham said that there may be a separate study of transit agencies in the future. Another finding of the Experience Study was the relationship of rates of retirement by age and service years. Retirements had been underestimated for employees with over 20 years of service, and overestimated for those with fewer than 20 years of service. The Board discussed the possible impact of the stress experienced by the workforce during recent years, and wondered if these findings were representative. Graham responded that the findings have been consistent, and that it is reasonable to expect a higher rate of retirement with increased years of service. Returning to the Cost Letter, Graham noted that there was very little change projected before the changes in assumptions. The total change of almost $7 million was mainly a result of the $6.2 million change due to the new mortality assumptions. Staff raised a question regarding the increase due to changes in methods and assumptions, particularly those associated with IRS 415 limits, This issue will be reviewed before the September meeting. Jim Pachen said that the District budget had anticipated a $5 million increase in the pension contribution. Bob raised the possibility of phasing in this year's increase. Hugo said that he would talk to the District regarding options to dampen the immediate impact of the cost increase and Cheiron would bring the questions back to
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AC Transit Retirement Board
August 5, 2015 the Board in September. Bob agreed to look at the 415 limits and actual experience, the increase in retirements of employees with over 20 years of experience, the rate of return, and potential ways to phase in the cost increase. Hugo suggested looking at more than one consultants' projected rates of return. Graham agreed to provide that data. H. Benefit Statements Hugo referred to the sample Personal Retirement Benefit Statements, included in the Board Package. He said that these would be sent to employees with at least one year of service in October. Retirement Staff has scheduled drop-in meetings at all AC Transit sites in November. Chair Lewis suggested that the narrative say that employees who leave before they are vested will have no pension benefits. Chair Lewis called a recess at 10:28 AM The meeting reconvened at 10:40 AYI J.
Approval of Retirements for August and September 2015 1.
Joan Burks-Bobb
#31541
2. 3.
Peter Grajo Sammylloward
option by the end of August 2015. #41632 (August 2015) #32825 (September 2015) Completion of the Benefit
(September 20 15) Completion of the Benefit
4. 5.
Karen Lynch #41922 L'Wanda Alexander #31397- Term Vested-- (September 2015)
option by the end of August 2015.
Completion of the Benefit option by the end of August 6.
Dwayne Jackson
2015. #31034- Term Vested- (September 2015) Completion of the Benefit option by the end of August 2015.
MOTION WILLIS/LEE to approve the six retirement applications listed above with the conditions as noted. (4-0-0-1)
L. 2015 Approved Financia!.s Hugo referred to the Basic Financial Statements with Supplementary Information for the years ending December 31, 2014 and 2013, which were included in the Board Package. He reported that the changes discussed at the July meeting had been made.
MOTION: RIK\t.IERJ\.VILLIS to accept the financial statements. (4-0-0-1) T. Unite Here and UBS
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AC Transit Retirement Board August 5, 2015 Hugo referred to the letter to the Executive Director ofUBS Reality, which the Board had asked Hugo and Counsel Richcda to draft, stating the Board's concerns regarding UBS' lack of substantive response or actions to support labor peace. The Board thanked Counsel Richcda for drafting the letter. K. Retirement Benefit Calculation for Velda Chick Counsel Richeda referred to his memorandum outlining his legal opinion regarding the pension benefits that Ms. Chick is entitled to for her two terms of service under the 1989 Retirement Plan. He concludes that due to general fiduciary principles Ms. Chick is entitled to count her first period of employment if she was not infonned of the consequences of her rctum to District employment after a break in service. lie also referred to Hugo's memorandum stating that Ms. Chick was not informed of these consequences.
MOTION: RIEMER/WILLIS to give Ms. Chick credit for 16 years of service, the combined total of both terms of service. (4-0-0-1) (Carolyn Smith and Kevin Novak ofNEPC joined the discussion of Agenda items M through S, and U) N. Quarterly Investment Repmi Carolyn told the Board that markets had been ini1uenccd by uncertainly regarding the bailout in Greece, and turbulence in Chinese markets, where a 150% spurt was followed by a 30% drop from mid-June to July. During the first half of 2015 the MSCJ EAFE index showed the strongest performance (up 5.5%), small cap equities outperformed large cap, growth stocks led value stocks and bond indexes declined. AC Transit's fund gained 0.3% during the second quarter, while the median public fund fell slightly. During the last year the fund increased 1.9% and ranked in the 7P1 percentile (where a low rank is best). Over the last 3 and 5 years the fund advanced just almost 10%, on average, and ranked just about in the middle of the universe of public pension funds. Emerging market fund Parametric underpcrformed because of significant holdings in China.
0. Approved Investment Policy and Guidelines Hugo told the Board that the approved updated investment guidelines had been placed in the Board members' permanent binders. P. Introduction to Non~Core Real Estate Presentations Hugo recalled that NEPC presented information on non-core funds and the Board asked NEPC to invite two non-core managers to make presentations at the August meeting. Carolyn had noted that the Investment Policy calls for 5% of the funds to
5 33
AC Transit Retirement Board August 5, 2015 be invested in real estate, and the Board had agreed to place 75% in core real estate and 25% in non-core real estate. The fund has invested in two core real estate managers and one non-core - Westport. The cunent discussion explores the possibility of hiring a second non-core real estate manager. Kevin introduced two potential non-core real estate managers: Brookfield and Crow Holdings. He told the Roard that Brookfield invested about half of its funds in the US. Other investments include assets in BraziL Both are on NEPCs preferred list. Hugo said that these managers fix up distressed buildings, then rent or sell them. He told the Board that it is important to look at the percentage of leverage associated with the investments, as well as the way the returns are split between the general partners and the limited partners such as AC Transit. Hugo noted that the agreements that we will sign typically allow the investment manager a great deal of latitude in what they are permitted to do with our funds. Member Riemer stressed the importance of scrutinizing financial statement of potential investments. Carolyn pointed out that Brookfield presents a higher risk and a 16% target return, compared to Craw's l O-Il%. Crow invests in smaller properties in the United States, and the revenue includes some income from the properties. (Chris Harris, Brookfield Asset Management, joined the discussion of Agenda item Q. Juan Jimenez, Brookfield, joined the discussion by phone.) Q. Brookfield Presentation on Non-Core Real Estate
Chris told the Board that Brookfield has $200 billion in assets. It has shopping centers in the Bay Area and ports in southern California. He reviewed the different types of real estate investments: core, and non-core -- value-added (renovate and lease) and opportunistic (overhaul and sell). Value-added and particularly opportunistic real estate have a higher risk, are more highly leveraged and a higher target return. He said that the advantages of non-core real estate are that it is a large patt of the investable universe, and the returns depend on the skills of the manager. He added that Brookfield gives up some returns on favorable markets to protect when markets trend down. Brookfield and its affiliates are committing about 30% of the investment in the Real Estate Partners fund. There are no General Partner deals. Juan explained that the larger investors sit on the Limited Partner Committee, which approves fees for construction and leasing services. Proposed fees are rejected infrequently. Hugo pointed out that if Brookfield's affiliates perform the construction work they could benefit from high rates. Chris replied that the objective is to drive up returns, since Brookfield is the single largest investor. Chris told the Board that the new fund will have more international assets than in the past, particularly those in BraziL The fund will close with the sale of the property.
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i\C Transit Retirement Board
August 5, 2015
Carolyn noted that the management fee is based on committed capital. Chris described the "J curve effect," which describes returns over time. On the front end there will be negative returns when spending on rehabilitation takes place. Later, the returns increase. In response to Ilugo's questions Juan said that Brookfield typically does not get third party valuations. However the auditors review the valuation as part of the annual financial statement process. The Board thanked the Brookfield representatives for their infonnative presentation. Chair J.ewis called a recess at 12:15 PM The meeting reconvened at 12:20 PM (Coe Jurack, Crow Holdings joined the Board for discussion of Agenda Item R.) R. Crow Holdings Presentation on Non-Core Real Estate Coe told the Board that Crow invests in the United States. He reviewed the recent history and outlook of the US economy, and concluded that US growth expectations, including population, are still above those of the rest of the developed world. Therefore, the US still provides an attractive investment environment. lie called attention to a graph showing the strong correlation between property prices and population growth, which is more robust in the US than elsewhere in the developed world. Coe noted that rising interest rates lend to increases in capital rates, but he stressed that value comes from improvements to properties, not the market. He reviewed the differences between core and non-core real estate, including valueadded and opportunistic. Crow is a value-added investor with a leverage of about 65%. It originally invested for the Crow family, and about 11% of the funds for Fund VII will come from the family. Investments will be in multi-family apartments, retail, convenience, gas and industrial warehouses. Assets are purchased in order to upgrade the properties. Crow relies on value generated from cash flow. The Board thanked Coe for Crow's presentation. S. Next Step(s) in I\'on-Core Real Estate Carolyn told the Board that Crow's Fund VII is scheduled for a final close on November 6, 2015, but the deadline could be extended for an investment in process. The Board discussed the next steps in this process. They agreed that they would continue to discuss the selection of a second non-core real estate manager in September, and could come to a decision, regarding the selection of one of the two presenters at that time. Member Riemer asked NEPC for a summary of the differences between Brookfield and Crow.
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AC Transit Retirement Board August 5, 20 IS
(Chair Lewis left the meeting at this point. ln the absence of Vice Chair Williams, he appointed Member Willis to chair the remainder of the meeting.) U. NEPC Work Plan Discussion of a second non-core real estate manager will be added to the September work plan. Hugo agreed to ask Legal Counsel Tom Hickey about his knowledge of Brookfield and Crow. V. Calendarfor2015 The Board agreed to go into closed session at the beginning of the September meeting. They also agreed to schedule the discussion of the second non-core real estate manager, the 2015 actuarial valuation, and the review of emerging market manager, Parametric, for that meeting. Hugo told the Board that the District Board wanted to hold the next Joint Meeting after the arrival of the new General Manager. The expected date for the Joint Meeting would be the first quarter of2016. M. Asset Allocation and Investment Manager Update Member Riemer asked if Parametric's underperfonnance was due to country allocation. Carolyn answered that it was due to country and sector allocations
Y Tax Determination Letter Update Counsel Richeda told the Hoard that the IRS has dismantled the tax letter system. He recommended completing the process this time. Z Pension Benefit Calculations for Former Union Officers (Gardner) Hugo reported that this time-consuming process is still under way. W. PEPRA Update X. Retirement Plan for New Employees AAHearing Officer Update These items were postponed until September. BB Retirement System Manager Report: I. Pension Issues in the News Hugo referred to an article on a proposal for CalPERS to reduce the assumed rate of return. 2. Upcoming CALAPRS Roundtables -September 18,2015 in San Jose.
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AC Transit Retirement Board August 5, 2015 3. CALAPRS Administrators Roundtable September 30,2015 to October 2, Cannel CA. MOTION': RIRMERILEE to approve Hugo's attendance at the Administrators Roundtable in Carmel, CA September 30 to October 2, 2015. (3-0-0-2) Hugo referred to an East Bay Express article about editorial writer and pension fund commentator Daniel Borenstein. CC (CLOSED SESSIO:-•J) 1) Matters Relating to Personnel: Disability Applicants' and Disability Retirees' Medical Records (Govermnent Code Section 54957; 65 Ops. Cal. Atty. Gen. 412 (1982) a. Arsenia Legaspi- ·rota! and Permanent Disability b. Ray Dun hams Total and Permanent Disability c. Terence Chrisman- Total and Permanent Disability d. Kelvyn Johnson- Occupational Disability e. Michael Jefferson- Total and Permanent Disability f. Lua Lane!! -Occupational Disability g. Bridjet Toles- Total and Permanent Disability h. Linda Young- Total and Permanent Disability 1. Angelia Wells- Occupational Disability Public Employee Performance Evaluation (Government Code Section 54957) Title: Retirement System Manager (The Board did not go into Closed Session) STAFF COMMENTS None RETIREMENT BOARD COMMENTS None ATTORNEYS' REPORT None ADJOURNMENT MOTION: LEE/RIEMER to adjourn (3-0-0-2) The meeting adjourned at 1:20 PM
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Report No: Meeting Date:
15-115c September 16, 2015
Alameda-Contra Costa Transit District
STAFF REPORT TO:
AC Transit Board of Directors
FROM:
Kathleen Kelly, Interim General M anager
SUBJECT:
Contract Amendment for Executive Search Services
ACTION ITEM RECOMMENDED ACTION(S) : Consider amending the existing contract with Krauthamer & Associates to extend t he period of performance and include executive search services for recruitm ent of up to five (5) additional executive staff positions in addition to the Chief Financial Officer. EXECUTIVE SUMMARY: The District issued a Request for Proposals to solicit qualified and experienced executive search firms to support the Board in the recruitment and hiring of a new General Manager. Krauthamer & Associates was selected as the executive search firm for th e recruitment and was awarded a contract to perform t hese services during the period of April 29 to September 1, 2015. On August 19, 2015, the Board approved an amendment to the existing contract to allow for the recruitm ent of a Chief Financial Officer. With t he announcement that same eveni ng of the appointment of a new General Manager effective Septembe r 21, 2015, staff is requesting authorization to expand t he recruitment to include the recru itment of up to five (5) additional executive level positions in addition t o the Chief Financial Officer based on the req uirements of the new General Manager. The titles and responsibi lities of the add itional executive level positions wi ll be finalized after the new General Manager makes decisions about the organization's structure. BUDGETARY/FISCALIMPACT: The budgetary/fiscal impact for the recruitm ent of the Chief Financial Officer and five (S) additional executive level positions secu red by Krauthamer & Associates for AC Transit during this recruitment process will be based upon 33-1/3 percent of the annu al sa lary for each position, or up to $390,000, if five recruitments are requested (in add ition t o the Chief Financia l Officer). BACKGROUND/RATIONALE: On March 31, 2015, the District issued a competitive procurement for an executive search firm to assist the Board in the recruit ment of a new General Manager. Ten proposals were received and a Board subcomm ittee evalu ated the proposals based upon the qualifications of the firms, assigned staff, references, and cost. Based on the evaluation of these proposals, Krauthamer & Associates was select ed as the executive search firm for the recruitme nt of a new General 39
Report No. 15-llSc Page 2 of 2 Manager. Krauthamer & Associates was awarded a contract to perform these services during the period of April 29 to September 1, 2015. On August 19, 2015, the Board approved amending the contract for the recruitment of a Chief Financial Officer. With the announcement that same evening of the appointment of a new
General Manager effective September 21, 2015, staff is requesting authorization to expand the recruitment efforts to include the recruitment of up to five (5) additional executive level positions in addition to the Chief Financial Officer based on the requirements of the new
General Manager. The titles and responsibilities of the additional executive level positions will be finalized after the new General Manager makes decisions about the organization's structure. Krauthamer & Associates has performed effectively in the executive search for a General Manager; therefore, the District is interested in extending the existing contract with Krauthamer & Associates to include the recruitment of the Chief Financial Officer and up to five (5) additional executive staff positions. The Procurement Department has determined that utilization of this contractual vehicle is permitted based upon the language initially included in the solicitation for the General Manager recruitment. ADVANTAGES/DISADVANTAGES:
The advantage of extending the current executive search contract with Krauthamer & Associates to include the recruitment for the Chief Financial Officer and up to five (5) for additional Executive staff positions is based upon the timely manner for the recruitment with an experienced and knowledgeable firm. The disadvantage of not awarding a contract to Krauthamer & Associates is the delay in filling the additional five (5) Executive staff positions in a timely manner to assure the success of the new General Manager's early initiatives. ALTERNATIVES ANALYSIS:
The alternative to extending the contract with Krauthamer & Associates would be to initiate a full procurement process; however, that course of action is not recommended since these positions will likely remain vacant for several months while a new procurement is initiated, evaluated, and awarded. PRIOR RELEVANT BOARD ACTIONS/POLICIES:
Staff Report No. 15-115 -Issuance of RFP for Executive Search Services Staff Report No. 15-llSa- Contract Award for Executive Search Services Staff Report No. 15-115b-Approval of issuing an amendment for the recruitment of a CFO Board Policy 350- Procurement Policy AITACHMENTS:
None Reviewed by:
Prepared by:
Denise C. Standridge, General Counsel James D. Pachan, Interim Chief Financial Officer Linda A. Nemeroff, District Secretary Jon Medwin, Procurement and Materials Director
40
BOARD OF DIRECTORS REGULAR CALENDAR
September 16, 2015 Agenda Items 5A-E
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Report No: Meeting Date:
15-190 September 16, 2015
Alameda-Contra Costa Transit District
STAFF REPORT TO:
AC Transit Board of Directors
FROM:
Kathleen Kelly, Interim General Manager
SUBJECT:
Bus Rapid Transit Branding Options
ACTION ITEM RECOMMENDED ACTION(S): Consider the naming options for AC Transit's East Bay Bus Rapid Transit (BRT) service and selection of Tempo.
EXECUTIVE SUMMARY: Since last reporting to the Board on BRT branding progress in May 2015, staff has continued to develop name options that best position the BRT brand within the family of AC Transit services. In addition to aligning potential names with the defined brand attribute of reliability, staff embarked on a thorough process of language, cultural and legal vetting. With major construction beginning in 2016, there is an imminent need to determine a brand name. Staff is requesting a decision on September 16, 2015, which would allow sufficient time to fully develop the elements of the branding package in advance of a major groundbreaking event to be held in early 2016.
BUDGETARY/FISCAL IMPACT: There is no budgetary or fiscal impact associated with this report.
BACKGROUND/RATIONALE: In December 2014, staff convened a cross-functional AC Transit workgroup to engage in a series of facilitated meetings that took participants through a step-by-step consensus building process on fundamental BRT brand concepts. This process related the unique functional attributes of the BRT service (dedicated lanes, signal prioritization, pre-paid fares and level boarding) to the key emotional attributes of the BRT service, such as reliability, speed and safety. Recent market research and feedback obtained through community outreach confirm reliability is the service attribute of highest importance to AC Transit riders. The Board received a detailed report of the workshop outcomes and the recommended brand positioning of reliability on May 13, 2015. Equipped with research-based insight and internal brand positioning consensus, staff sought the expertise of Berkeley-based naming and branding agency A Hundred Monkeys (AHM). AHM was charged with developing a list of memorable names that were engaging and easy to find, and convey that riders can count on the BRT serv·lce.
43
Report No. 15-190 Page 2 of 5 AHM provided guidance during the naming process, with key takeaways noted below: • • • •
A name will be backed up with a significant number of messages and advertising impressions. Potential names must be seen within the context of the brand; supporting visuals and statements will be presented to help consumers understand what it means. The potential names should point to the future, as opposed to ones that hold us back; what we have today may not look the same in a decade or two. The District and our audience are different. We know the history of the project and the benefits of the service, but consumers need names and brand experiences that will inspire them to get out of their cars and change their travel habits.
Front line employees were also involved in the process, and encouraged to submit their own ideas for potential BRT names. Employees offered nearly four dozen brand name suggestions, and winners determined by a random drawing were presented with a gift card as appreciation for participating. From the full list of employee submissions and options presented by AHM, two names were determined to be most strongly aligned with the BRT's reliability brand positioning and naming objectives: Tempo and Pulse. Sponsorship potential for these two options was considered, with the goal of generating enthusiasm and financial support of the new BRT system. Tempo supports the brand promise by expressing that buses keep you on time, implying a strong sense of consistency and reliability. Possible sponsorship tie-ins include ticket distribution services, digital download sites, streaming services, radio station groups, recording labels, audio accessories, concert and entertainment venues, and lifestyle or entertainment mobile applications. Also supportive of the BRT positioning is Pulse, connoting life, rhythm, vitality and heart. Sponsorship possibilities include hospitals, health care providers, health and medical websites, gyms and fitness dubs, fitness and sports gear or apparel, health insurance companies, pharmaceutical corporations, drugstores, and mobile applications for health or fitness. Having determined the two options that best fit the District's BRT brand positioning, staff engaged resources to conduct language, cultural and legal vetting of the names. Ungo24, a subcontractor of AHM, spearheaded the language and cultural assessment of Tempo and Pulse, researching the fifteen most used languages other than English in AC Transit's service area. As noted in the report (Attachment 1), AHM discovered no major concerns of negative associations, similar U.S. brands or difficulty pronouncing either name brand. BRT Policy Steering Committee Presentation On September 3, 2015, staff presented the two names to the BRT Policy Steering Committee (PSC) to obtain feedback on the options. The PSC was briefed on the branding process background, the list of possible sponsorship categories, and the status of legal, cultural and language vetting conducted to date.
44
Report No. 15-190 Page 3 of 5
Several members of the PSC provided input on the name options, with most indicating a preference for Tempo. Committee members raised concerns in the following areas: • •
•
•
Legal implications - The committee expressed a desire for a more comprehensive understanding of the legal risks involved with use of either name. Revenue potential - The PSC requested that BRT project sub-consultant Gobis & Company provide a revenue analysis to determine whether a line sponsorship or station sponsorships would be more lucrative. Timing on decision of brand name- Some committee members suggested it would be most beneficial to the project if a line sponsor was secured in advance of the brand name selection. Previous PSC action- Staff was tasked with researching any prior directives by the PSC to pursue line naming sponsorships rather than station sponsorships.
PSC Chair Elsa Ortiz agreed to bring the PSC's feedback to the AC Transit Board of Directors for consideration at the September 16, 2015 Board Meeting. Response to PSC Feedback •
legal implications- In conjunction with the District Office of the General Counsel, the legal firm of Hanson Bridgett LLP, shepherded the common law use and trademark research process. Intellectual property attorneys conducted vendor search reports for both names, with the most notable hits identified from the review of full searches summarized in Attachments 2 and 3. Hanson Bridgett identified risk factors with each of the names, in both pursuing a U.S. Patent and Trademark Office application and names in use. Initially, the firm found significant risks in the use of Tempo, largely due to the fact that Berkeley-based VIA Analytics uses the name Tempo to brand a software product designed to control bus bunching. With guidance from Hanson Bridgett, staff contacted the principal of VIA Analytics, who indicated there are no concerns about AC Transit's use of the name for the BRT service. In light of this, the risk of using Tempo is relatively low. Counsel advises there is a higher risk for use of Pulse. The firm indicates risks can be mitigated if a highly distinguishable mark can be developed, especially if that unique mark can be used in conjunction with a qualifier such as "AC Transit Pulse" or "East Bay Pulse".
•
Revenue potential- On January 27, 2014, John Gobis presented the PSC with a recommendation to offer BRT sponsorships at three levels: an exclusive service sponsorship valued at $1 million, partial sponsorships of $300,000 each, and station sponsorships valued at $30,000 each.
•
Timing on decision of brand name- The PSC report of January 27, 2014, also specifies "recognition provided to sponsors includes acknowledgment of their sponsorship on the structures or vehicles in a size and locat'1on that does not 'mterfere with the project
45
Report No. 15-190 Page4of5 branding." This statement indicates that branding- a separate issue from sponsorshipshould be determined before sponsorships are secured. •
Previous PSC action -Upon researching reports and minutes from prior PSC meetings, staff found no formal action taken by the PSC regarding sponsorships and branding. At the conclusion of the report presented on January 27, 2014, comments were offered by PSC members, but no action was taken pending further discussion at a future meeting. Details are included in the staff report and minutes, which can be found in Attachments 4 and 5.
BRT Facility SponsorshiP Restrictions As a result of discussions held at the PSC meeting of September 3, 2015, Caltrans representatives have reminded District staff of certain restrictions provided by the Caltrans Legal Office:
The proposed sale of naming rights to BRT facilities within State right-of-way would be permissible only if all of the conditions set forth in the Business and Professions Code section 5408.5 of the Outdoor Advertising Act are met. Proposed sale of naming rights will require the issuance of both outdoor advertising and encroachment permits. Additionally, the location of advertising must be restricted to bus shelters and benches, or as otherwise prescribed by the state Outdoor Advertising Program. Staff will consult with General Counsel and comply with all regulations regarding potential sponsorship of BRT facilities in the State right-of-way. Staff and the sub-consultant are available to respond to these concerns. Next Steps Staff requests Board approval of one of the two naming options presented, and recommends selecting Tempo. The staff recommendation is based on the PSC comments, and the lower risk associated with use of that name. After the Board selects a name, Marketing staff will proceed with logo design and vehicle paint scheme to be presented and approved by the Board this fall. Additionally, staff will direct the subconsultant to pursue sponsorships in accordance with Board directives. Once logo and vehicle design are approved, branding guidelines will be developed and plans will be made to reveal the brand to the public at a major groundbreaktng event in early 2016. Hanson Bridgett is prepared to be of further assistance in advising the District on the advantages and disadvantages of pursuing a California State Registration or a Federal Registration for the chosen brand name.
46
Report No. 15-190
Page 5 of 5 ADVANTAGES/DISADVANTAGES:
Adopting a name at this time would be advantageous in that it would provide a reasonable timeframe for staff to develop the logo, vehicle paint scheme and branding guidelines in advance of a major groundbreaking event in early 2016. The main disadvantage to deferring a decision on the name is that it will result in significant delays in rolling out the BRT brand, missing the opportunity to reveal the full branding package at the major construction ground breaking event. ALTERNATIVES ANALYSIS:
Staff has reviewed dozens- if not hundreds- of name possibil'lties over the past several years, and has determined that Pulse and Tempo best position the BRT services and brand for the near- and long-term. Due to the additional time and expense of exploring other names, and the impending need to reveal the brand for major construction, consideration of additional names is not recommended. PRIOR RELEVANT BOARD ACTIONS/POLICIES:
None ATTACHMENTS:
1: language and Cultural Vetting Report 2: Tempo Notable Hits Report 3: Pulse Notable Hits Report
4: PSC Staff Report of January 27, 2014 5: PSC Minutes of January 27, 2014
Executive Staff Approval:
Tom O'Neill, Chief Information Services Officer
Reviewed by:
Denise C. Standridge, General Counsel Tom O'Neill, Chief Information Services Officer Michele Joseph, Director of Marketing & Communications
Prepared by:
47
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48
~H.
15-190
Attachment 1
A LANGUAGE
NEGATIVE ASSOC. SIMILAR BRANDS
PRONUNCIATION
Spanish (Latin Am.)
No
Easy
Tempo: Brand of car wax
Spanish (Spain)
No
Tempo: Toilet paper
Easy
Chinese (Mandarin)
No
Tempo: Toilet paper
Easy
Chinese (Cantonese)
No
No
Easy
Tagalog
No
Tempo: newspaper. Pulse: magazine.
Easy
Vietnamese
No
No
Tempo: easy. Pulse: slightly difficult.
Korean
No
Tempo: brand of sanitary pad. Pulse: brand name for a wireless speaker.
Easy
Hindi
No
Tempo: Mercedes 3wheeled cars. now known as Force India. Pulse is a model of Renault .
Easy
Farsi (Persian)
No
No
Easy
Japanese
No
No
Easy
Arabic
No
No
Easy
Portuguese (Brazil)
No
No
Easy
Portuguese (Portugal)
No
Tempo: minor, Transportadora Tempo.
Easy
Cambodian
No
No
Easy
Russian
No
No
Tempo: easy. Pulse: slightly difficult.
Laotian
No
No
Easy
Gujarati
No
No
Easy
French
No
No
Easy
2604 NINTH STREET, BERKELEY, CALIF., 94710- TEL:+!.415.383.2255 FAX:+I.415.383.4477
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50
SR 15-190 Attachment 2
Order Details Mark Searched TEMPO Cl asses 12,39 Goods MASS TRANSIT SERVICES FOR THE GENERAL PUBLIC; BUS CHARTERING; BUSES Order Date 26-AUG-2015 You r Ref. 10913.8 Order Nr 273321111
Page 1
51
Selected TM Records
Hn
Citation
USPTO Status Goods and Services
Owner
~nd Date
No. US-1 TEMPO
App 74-701,868 Reg 2,051.941
USPTO Status: Registered and
39: Transportation of travellers by air: travel information services; flight reservation services; [tour guide services. rental of vehides]
rer~ewed
SOCIETE AIR FRANCE 45 RUE DE PARIS
95747
USPTO Status
ROISSY-CHARLES-DE-GAULLE,
Date: 15-MAY-2007
FRANCE
App 17-JUL-1995
SOCIETE AIR FRANCE 45 RUE DE PARIS
95747 ROISSY-CHARLES-DE-GAULLE, FRANCE
us.s TEMPO
TEMPO App 86-550,029
USPTO Status: No11-final action mailed
9: Automated systems. namely, software, hardware and communicatiotls devices for planning, scheduling. controlling, monitoring and providing information on transportation assets and parts thereof; computer hardware and software systems for automated train control and traffiC supervision. namely, location tracking, vehicle monitoring. vehicle controlling, dispatching, signalling, communication, and data transmission all USPTO Status Date: 06-JUN-201 5 within the rail industry: computer software for management of railway networks; devices for wireless radio App 02-MAR-2015 transmission; electric or electronic sensors for monitoring the location, speed, direction, proximity to other vehicles, power usage, temperature, braking potential, and components of railway vehicles and machines: electrical integrated control systems for use m the field of automated train control and traffic superv1s1on w1thin the rail industry; electronic signaling mechanism, namely, a train control system used in the ra1lway industry for detecting and controlling trains. ground faults, broken rails, power faJiures, track switches and lights: electronic transmitters and receivers for use within the railway industry; traffic management equipment, namely, display monitors, computers, auto compasses and software to manage traffiC
GE TRANSPORTATION SYSTEMS GLOBAL SIGNALING, LLC DELAWARE LIMITED LIABILITY CO. 2712 SOUTH DILLINGHAM ROAD GRAIN VALLEY, MISSOURI. 64029
37: Installation and maintenance of transportation and traffic equipment and systems: maintenance of traffic control equipment; technical support services, namely, technical advice related to the repair of advanced train control and traffic supervision systems and subsystems within the rail industry US-7 TEMPO App 74-151,671
Reg 1,669,354
USPTO Status: Registered and renewed
12: Automobiles and their structural parts
FORD MOTOR COMPANY DELAWARE CORPORATION THE AMERICAN ROAD
USPTO Status Date: 30-APR-2002
DEARBORN, MICHIGAN, 48121
App 25-MAR-1991 US-8 TEMPO
@TEMPO App 86-314,009
USPTO Status: Suspension lettermailed
FAR EAST ELECTRIC BICYCLE COMPANY LIMITED
12: Electric bicycles
HONG KONG. REPUBLIC OF CHINA
USPTO Status Date:
CORPORATION
7F CHUANGS ENTERPRISES BLDG
12-MAR-2015
WANCHAI, HONG KONG. REPUBLIC OF CHINA
App 18-JUN-2014 Page 2
52
Jr 3
Web Common Law Notes http://www.getransportation.comltrain-signalina/automatic-lrain-orolectton-oontrol-systemsltempo-etcs-solution
GE Tra nsportation's Tempo ETCS Solutions relates to railways operations and does not appear to be consumer focused.
Tempo ETCS Solutions GE Tr.:msporutlon' s Tempo ETCS Solutions ~111 designed ~r:~und ~ coiTWIIOn fail-s3:t., SQL3ble, vlbl pl~tform :~nd 02n l ntegmed suite of engineering tools, the eombln~tion of which not only simplifies the execution of r:~llw.~y sign:~llng proj ects but their d:~y·to-dlly oper:~tion 11nd ~inten02nce ~lso.
WCL-5
The Optare Tempo is a full-size single-deck bus manufactured by Optare and was launched in late 2004. It is marketed and in use in the UK.
https://en.wikipedia.orglwiki/Optare Tempo
Optare Tempo From Wikipecb. the frH oncyclopedi~ The Opt:lre Tempo Is a ruu..size slngle-
Optare Tempo
was taunclled In tate 2004 It iS marketed and sold as tile reptacemen11or Che Optare Excel It Is designed as a ugruwelgllt bus. to use tess tuel than tradCJOnal heavy duty Integrals C0<11en1s [hide]
1 Tempo 2TempoSR
3S..:IIso 4 RatiMWlC•
M
5 Extem311lnks
WCL-7
~ Ten:po ol)e!3le0 by Yenow Buses in
Bol.rnemou11\
A small company started at Berkeley, VIA Analytics, launched a product called TEMPO, which seeks to prevent "bus bunching"
http;/lits.berkeley.edulbtl/2013/falllbusbunching
A Cure for Bus Bunching FAU. 2013- Anyon• ...no h• " ""' ""'"-ttrd for "t.at. ..,.uu lib fOI"«W'r for • bw.--ouly to h'".. nt'O or tl•n• .,;,.,.. •• tlu• Mh'W tlnw - h -. nlH'ri~unod "'btllt buutbtus. .. • .,...uilias};y \lttrM1•bJ• ,.-ot.l•w fo.r tran•U "'t'"'Min And on• lb4t J.t.~n.,... b\.. pruron• ~hi UJ.
~w .an
rrs dO<'toro\J s.:a
U.IMJI'Oif.)tiOII AlttUIDa, ~OhJ Wlllt. fh.u f"Otf'ttot.
b.l,,._ 6-·u.d .a ~·.. I aod pr¥"f~ toluti011 lObus ~ tbt~'l(~Uirtmltt,'c»m....t.-d SU«.-Jrtul t...-sbnS&I\.1 tmd--t~an" U1 S~U\
l> ..... ..... QJ
(')
::r
3
Page 3
I'D
::s ..... 53
N
'
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54
SR 15-190 Attachment 3
Order Details Mark Searched PULSE Classes 12.39
Goods MASS TRANSIT SERVICES FOR THE GENERAL PUBLIC; BUS CHARTERING; BUSES Order Date 26-AUG-2015 Your Ref. 10913.8 Order Nr 273321112
Page 1 55
Selected TM Records Hit No.
Citation
USPTO Status and Goods and Services Date
US-2
PULSE
USPTO Status: Registered USPTO Status Date: 12-MAR-2013 App 15-SEP-2012
12: Automotive safety device that helps prevent rear end collisions to passenger vehicles and light duty trucks KINETECH LLC comprising an electronic circuit board that causes *center mount * rear [ brakes ] brake * light * to pulse INDIANA LIMITED LIABILITY CO.
USPTO Status: Registered USPTO Status Date: 27-MAY-2014 App 04-JAN-2013
12: Automotive safety device that helps prevent rear end collisions to passenger vehicles and light duty trucks KINETECH, LLC comprising an electronic circuit board that causes a rear brake light to pulse INDIANA LIMITED LIABILITY CO.
App 85-730,052 Reg 4,303,068 US-3
PULSE
App 85-815,737 Reg 4,535,686 US-7
US-8
Owner
5960 WASHINGTON BLVD INDIANAPOLIS, INDIANA, 46220
5960 WASHINGTON BLVD INDIANAPOLIS, INDIANA, 46220
PULSE TRANSPORTATION App 76-071,272 Reg 2,577,406
USPTO Status: 39: Transportation of goods by truck Registered and renewed USPTO Status Date: 08-JUN-2012 App 15-JUN-2000
PULSE TRANSPORTATION SERVICES, INC.
GRTC PULSE
USPTO Status: 39: Mass transit services for the general public Published for opposition USPTO Status Date: 25-AUG-2015 App 19-MAR-2015
GREATER RICHMOND TRANSIT CO.
MISSOURI CORPORATION 1048 N. MONROE KANSAS CITY, MISSOURI, 64120
VIRGINIA CORPORATION 301 E. BELT BOULEVARD RICHMOND, VIRGINIA, 23224
App 86-569,671 US-9
URBAN PULSE App 79-108,619 Reg 4,281,168
USPTO Status: Registered USPTO Status Date: 29-JAN-2013 App 23-NOV-2011
Page 2 56
VEOLIA TRANSPORT FRANCE SOCIETE ANONYME 163/169 AVENUE GEORGES CLEMENCEAU F-92000 NANTERRE, FRANCE
SR 15-190 Attachment 3
9: Data processing equipment and computers for use in calculating travel routes, locating people, obtaining information on public transportation and providing tourist information; computers and computer peripheral devices for use in calculating travel routes, locating people, obtaining information on public transportation and providing tourist information; software and packaged software in the nature of a collection of software programs for use in calculating travel routes, locating people, obtaining information on public transportation and providing tourist information; electronic databases and electronic data banks recorded on computer media for use in calculating travel routes, locating people, obtaining information on public transportation and providing tourist information 35: Rental of advertising space; dissemination of advertising matter; subscription to an information media package in the fields of public transportation, calculating of travel routes, information on towns and cities, town and city events, and leisure and recreational outings; subscriptions to a computer service featuring navigation information that uses computers and satellites to calculate navigation information 38: Communications via fiber-optic networks, via computer terminals and via satellite; telecommunication
services by means of satellite transmission for use in enabling geo-location; wireless electronic transmission of digital data; communications via computer terminals; electronic data transmission, namely, electronic transmission of data obtained with the aid of a global positioning system (gps) to enable third parties to calculate a route, and providing access to a computer data base; electronic data transmission services; electronic mail and messaging services; dissemination of information by electronic means, namely, electronic transmission of information via computer terminals and via the internet; provision of user access to telecommunication computer networks and to the internet for communicating, displaying, sharing, distributing, exchanging or otherwise providing multimedia content, messages, images, sounds, data and other information; all of the above services relating to calculating travel routes, locating people, obtaining information on public transportation and providing tourist information; providing multiple-user access to a global computer information network for obtaining information relating to public transportation, calculating travel routes, towns and cities, events organized in a town or city, and recreational and leisure outings; providing multiple-user access to a global computer network for the purpose of accessing navigation services; transmission of data via the internet, namely, electronic transmission of travel itineraries and public transportation routes and timetables; providing access to databases on the internet featuring tourist information 39: Public transportation of passengers by air, rail, boat and bus; information about public transportation; information on tourism and travel, namely, providing city maps showing car parks and metro stations, available via the internet 42: Design and development of computer software for use in calculating travel routes, locating people, obtaining information on public transportation and providing tourist information; installation of computer software for use in calculating travel routes, locating people, obtaining information on public transportation and providing tourist information; maintenance of computer software for use in calculating travel routes, locating people, obtaining information on public transportation and providing tourist information; updating of computer software for others for use in calculating travel routes, locating people, obtaining information on public transportation and providing tourist information; conversion of data from physical to electronic media in the fields of calculating travel routes, locating people, obtaining information on public transportation and providing tourist information; hosting of web sites providing computer users with the opportunity to upload, exchange and share data, comments, photos and videos in the fields in calculating travel routes, locating people, obtaining information on public transportation and providing tourist information; technical consulting services concerning automation, development and design of navigation systems, route planners, and electronic maps for use in calculating travel routes, locating people, obtaining information on public transportation and providing tourist information 45: Information services in connection with social contacts in the nature of locating and tracking people, namely, providing an interactive website for persons to locate other individuals with similar interests to participate with them in or accompany them to events and activities US-18 TRAVEL PULSE
US-24 BLUE PULSE
39: Providing travel information via a website on a global computer network to professionals and suppliers in the field of travel; providing an internet website portal in the field of travel, directed to travel industry professionals and featuring daily updates on travel, custom editorial travel articles, and information concerning promotions, marketing tools, agent training, seminars and online events, all in the field of travel
TRAVALLIANCEMEDIA, LLC NEW JERSEY LIMITED LIABILITY COMPANY
USPTO Status: Registered USPTO Status Date:
12: Vehicles and apparatus for locomotion by air, land or, water, namely, helicopters and rotary-winged aircraft; rotor blades for helicopters and rotary-winged aircraft; structural parts for the aforementioned goods, as far as included
AIRBUS HELICOPTERS FRANCE SOCIETE PAR ACTIONS SIMPLIFIEE
Page 3 57
593 RANCOCAS ROAD WESTAMPTON, NEW JERSEY, 08060
SR 15-190 Attachment 3
App 77-520,001 Reg 3,761,671
USPTO Status: Section 8 & 15 - accepted and acknowledged USPTO Status Date: 20-APR-2015 App 11-JUL-2008
08-FEB-2011 App 08-FEB-2010
37: Maintenance, servicing, care and repair of helicopters, rotary-wing aircraft, and of structural parts for the AEROPORT INTERNATIONAL aforementioned goods MARSEILLE PROVENCE 13725 MARIGNANE CEDEX, FRANCE
App 77-930,717 Reg 3,915,953 US-63 IMPULSE
App 85-855,468 Reg 4,561,084
USPTO Status: Registered USPTO Status Date: 01-JUL-2014 App 20-FEB-2013
12: Commercial buses and structural parts thereof
GOSHEN COACH INC. INDIANA CORPORATION 25161 LEER DRIVE ELKHART, INDIANA, 46514
58
SR 15-190 Attachment 3
Page 4
Web Common Law Hit No.
URL
Abstract
WCL-10
http://www.durhamregiontransit.com/DRTNews/Pages/DRT-Introduces-New-drt-PULSE-Service-to-Scarborough.aspx
PULSE used for transit services in the Durham / U of T / Oshawa region in Toronto Canada
WCL-12
http://www.ridegrtc.com/brt
GRTC PULSE used in Virginia for promotion of transportation services. The trademark also has a pending application (see above, USPTO Serial No. 86-569,671)
WCL-20
http://pulse.pacebus.com/
PULSE used for promotion of transportation services in Chicago, Illinois – set to be unveiled in 2017.
59
SR 15-190 Attachment 3
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60
SR 15-190 Attachment 4
Meeting Date:
January 27, 2014
East Bay Bus Rapid Transit Policy Steering Committee
STAFF REPORT TO:
Members of the Bus Rapid Transit Policy Steering Committee
FROM:
David Armijo, General Manager
SUBJECT:
BRT Service and Station Sponsorship
RECOMMENDED ACTION(S): Review and comment on the proposed Bus Rapid Transit Service and Station Sponsorship Strategy.
BACKGROUND/DISCUSSION:
AC Transit is seeking sponsors to provide dedicated funding
support lor the East Bay Rapid Transit (BRT) Line and for the 34 stations (46 platforms). The proposed strategy describes the approach to identify, select and contract with a sponsor who
will subsidize the operating and maintenance costs of the BRT service In exchange for sponsorship rights to the BRT line or any of its 34 stations. AC Transit's consultant has worked on the development of many BRT Projects in North America, including Los Angeles' Metro Rapid, Tampa's Metro Rapid, Seattle's Rapid Ride and the Region of York's Viva in Toronto, The consultant has experience in developing advertising and sponsorships, and sponsorship programs for transportation agencies, port authorities and airports (see attached company profile). The East Bay BRT Sponsorship Strategy was valued based upon four criteria:
1. Quantitative Benefits: Measurable audience that travels through the corridor or will
ride the service. 2. Qualitative Benefits: The intangible benefits of the sponsorship such as increasing sponsor awareness, loyalty to the sponsor's products or services, and the sponsor's commitment to community. 3. Geographic and Demographic Reach: The significance of the location of the BRT corridor and its diverse population to a sponsor's message. 4. Cost Benefit Ratio and Value: Sponsorships deliver soft value, meaning greater credibility than paid advertising. The cost benefit ratios of sponsorships are 2 to 1 meaning every dollar allocated to a sponsorship generates $2 dollars in quantitative and qualitative value .. The consultant recommends offering the following levels of sponsorship opportunities:
61 45
SR 15-190 Attachment 4
East Bay Bus Rapid Transit Policy Steering Committee Page 2 of 3
1. Exclusive Service Sponsorship: $1,000,000 annually; Includes naming rights to the service with recognition on all facilities, rolling stock and AC Transit supportive media. The recognition 11rovided to span ors includes acknowledgment of their SP. nsorshi p on the structures or vehicles in a size and location that does not interfere with the project branding. AC Transit will provide other recognition of the sponsor in its communications that the agency controls such as Its website, news releases and publications. 2. Partial Service Sponsorship: $300,000 annually; Includes sponsorship rights QD 25% of the facilities, rolling stock and AC Transit supportive media. The sponsoring of a station does not conflict with the interest of neighborhoods in associating station names with the nearby communities. Recently an Ohio-based bank, Huntington, became the sponsor of a station on the Cleveland RTA's Healthline and the station is called the 200 Public Square Station sponsored by Huntington Bank.
3. Station Sponsorship: $30,000 annually; Individual station package including station recognition and AC Transit supportive media. Sponsorship funds dedicated to the East Bay BRT Line will be used to offset operating and maintenance costs. Sponsors will be.allocated advertising space on each of the shelters as illustrated in attachment 4 and recognition on the BRT fleet dedicated to the East Bay BRT Line. All published materials including schedules and maps will recognize the sponsors. To ensure maximum exposu re for sponsors, AC Transit will stage news events to announce all sponsorship agreeme nts, the construction of the line, and the opening of the service. Sponsors will receive recognition in all news media materials released by AC Transit regarding the East Bay BRT Project. Sponsors will receive credit on all AC Transit's corporate and project websites. Sponsors will also receive recognition on BRT Fleet illustrated in attachment 5. Potential Sponsor list: Kaiser Permanente Kaiser Foundation Sutter Health, Alta Bates Summit Medical The San Francisco Foundation East Bay Commun ity Foundation The Wallace Alexander Gerbode Foundation Evelyn & Walter Haas Jr. Fund Pandora Cliff Bar GAP Peet's
Oakland Athletics Golden State Warriors Oakland Raiders Pacific Gas & Electric Company AT&T Chevron Chase Citibank Nestle and others
AC Transit's consultant will implement the proposed strategy and first develop a shortlist of likely sponsors based on the sponsorship criteria followed by negotiation of the desired sponsorship opportunity.
62 46
SR 15-190 Attachment4
East Bay Bus Rapid Transit Policy Steering Committee Page 3 of 3
ATIACHMENTS: 1. Gob is & Co. LLC corporate qualifications 2. Gobis Sponsorship Evaluation 3. BRT Sponsorship Promotion Sheet 4. Title Wall Sample
Reviewed by:
Prepared by:
David J. Armijo, General Manager Dennis W. Butler, Chief Planning and Development Officer David A. Wolf, General Counsel David Wilkins, BRT Program Director John Gobis, Staff Consultant, EB~BRT Program
63 47
SR 15-190 Attachme11t 4
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64 48
SR 15-190
Attach!l11Mtm1mt 4
Gobis & Co. LLC
54 Prospect Hill Street
Newpoct, R.L 02840 WORK EXPERIENCE
Gobis & Co. LLC is a consulting organi~ation advising clients in both the publk and private sectors on issues of strategy, marketing, o-rganization, revenue generation and innovative service design. Private sector clients include The Dallas Cowboys FOGtball Club, Georgia Power, Xcrox/ACS State and Local Solutions, AHL Services, PB Americas, KDE Electronics, COSNet/lBM, Los Angeles Yellow Taxi and the American Logistics Company. The firm has extensive experience in developing public/private partnerships for projects dealing with transportation and infrastructure. For more than 35 years the firm has provided managemem-comulting services for such clients as The City of Los Angeles, The City of New York, Bay Area Rapid Transit, Orlando LYl\IX, The Metropolitan Transit Commission of Minneapolis/St. Paul, The States of Delaware, New Jersey, Florida and Georgia, San Diego's Metropolitan Transit Commission and others. Primary practice areas are1 1 Revenue generation from non-tax, non-toll and non-fee sources such as fiber optics, out of home advertising and sponsorships. • The development and implementation of advanced fare and toll pn.ymem systems using smart card and RF technologies. 1 Assistance to private organizations in marketing their services to the public sector. • Transportation demand management including regional mobility management progr.1ms. • Organization and formation of transportation agencies induJing the passage of referendums to establish dedicated sources of local funding • The marketing of public transit scrvkcs. • Innovative transportalion services such as jitney, shared ride taxi, shared auto and bicycle programs and paratransit services. • Development of public/private partnerships for the development of transportation infrastructure. SP!iCIFlC PRACTICE HlGHUGilTS
Out of Home Advertising, Concessions and Franchise Agreements In the past decade no organization has negotiated more out of home advertising agreements for the public sector than Gobis & Co. In that time alone, the firm has negotiated agreements for public agencies that will yield mon: than $500,000,000 in revenue~. Gobis has succcs~fully navigated billboard, sponsorship, transit advertising, street furniture, bus shelter advertising and concession agreements for more than four-dozen transportation agencies in the United States and two foreign cities. John Gobis, the firm's Principal, assisted New Jersey Transit in the development of Request for Proposals and in contract negotiations for that agency's bus, rail, station and right of way advertising. He was able to secure $65,000,000 over a five-year period for NJT. The South Jersey Transportation has worked with Gobis for the past ten years to develop its outdoor advertising program. Gob is has negotiated outdoor advcrrisin,.;, lwmcr advertising and sponsorship agreements that will net the Atlantic City Expressway and the Atlantic City International Airport mote than $68 million over the next fifteen years. The States of Connecticut and New Jersey have called upon Gobis for development of state legislation for the control and oversight of outdoor advertising as well as to regulate billboards on state properties. He h~s negotiated cell phone tower le;ases, sponsored Wi-H programs, fiber optic right of way agreements, land swaps and joint development agreements. In the cour~c uf his 30+ years of experience in the public £ector he has negotiated agreements with CBSNiarom, Clear Channel, Obie Media, Gateway Media, Cox Communications, Grey Media, Titan, CEMUSA, JC DcCaux, Lamar Ot~tdoor, Next Media, and others. Gobis provided expert witness services to the Montgomery County Maryland Office of the County Attorney in legal matters dealing with the out of home advertising industry. The firm's current out of home advertising clients include the City of Phoenix; the City of Los Angeles; the South Jersey Transportation Authority; Tampa's HART Transportation Agency; the Phoenix International Airport; the North County San Diego Transit District; Oakhmd's AC Transit; Gatehouse Management, a developer of mixed use developments, and the Central Ohio Transportation Authority in Columbus. Gobis & Co. Company Profile + Out of Home Adver~ising
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Attac hm ent 2
Atttchment2
BRT SERVICE AND STATION SPONSORSHIP PROGRAM ,January 2"1, 20 14
~I
BACKGROUND • Seeking Sponsors for Sponsorship Rights to the Line and the 34 Stations • Strategy to Identify, select and contract with sponsors • Subsidize the capital and operating costs in exchange for sponsorship • Proven met~lor.l,f'().t:,
l 51 67
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VALUING A SPONSORSHIP • Quantitative • Qualitative • Geographic and Demographic • Cost Benefit RatioNalue
East Bay BRT Sponsorship Valuation • Exclusive Service Sponsorship $1,000,000 • Partial Service Sponsorship $300,000 • Station Sponsorship $30,000
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Next Steps • Engage Potential Sponsors -Presentations -Time Sponsorships to the Service Opening -Obtain Guarantees for Budgets Now!
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Valuing the East Bay Bus Rapid Transit Sponsorship Sponsorships are valued on the cost of similar types of media in a Designated Market Area (DMA); the geographic and demographic reach of the sponsorship and recent patterns of the fees that sponsors pay and the value they receive.
For
property or service sponsorships, like the East Bay Bus Rapid Transit (BRT) infrastructure and service, the most comparable quantitative values are outdoor advertising in the Oakland DMA and the value reaped by other public transit sponsorships. The values of the East Bay BRT sponsorship are as follows: Quantitative Benefits: These are the measurable benefits such as the audience of 'eyes on' that will use or go through the corridor each day seeing the sponsorship elements. This is measured through ridership numbers, vehicular traffic counts and out of home advertising audience levels.
Qualitative Benefits: These are the intangible benefits that sponsoring the BRT Project would deliver, such as loyalty, public awareness, understanding of the sponsor's commitment to community and improvements in the public's opinion of the sponsoring organization. Geographic .and Demographic Reach: Reach is the relevancy of the sponsorship in a market, such as the East Bay, including the value of the location. In this case, a heavily traveled corridor as well as one of the most ethnically diverse in the nation. Those two elements offer high value to a sponsor. For example, an ethnic consumer products company, such as Johnson Products or Goya, would want a strong visual presence in neighborhoods along the BRT corridor. The sponsor's a~:::ociation with a brand like AC Transit's that is valued by its majority minority ridership base provides the sponsor with entrCe to a customer base that would be very expensive for the sponsor to reach alone. Cost Benefit Ratio and Value: Sponsorships have measurable values. Sponsorships
typically deliver 'soft' value, meaning greater credibility through association with a cause as opposed to traditional advertising that delivers 'hard' value. Most sponsors also have advertising budgets, which they use to introduce new products, create consumer awareness, or to simply stay competitive. Sponsorships deliver both quantitative and qualitative value, so the cost benefit ratio of sponsorships
usually generates $2 for every $1 that is invested.'
1
Valuing of Sponsorships IMG 2006
•
1
Gobis & Co. LLC 71 55
SR 15-190 Attachment 4
The Value of an East Bay BRT Sponsorship
Using the cost benefit ratio, the value of naming rights in the form of sponsor branding on the BRT shelters and vehicles, as well as other treatments, would be approximately five cents for every person that sees the sponsor's logo, reads the sponsor's materials while waiting for a rapid bus, or associates the sponsor's brand as a major investor in the East Bay Region. Based upon this ratio, the annual value of the sponsorship for the entire East Bay BRT service with 34 stations, an estimated daily ridership of 34,000 ($620,500), and traffic counts along the International Boulevard/East 14 1 ~ Street corridor of 259,000 daily vehicular movements' ($2,800,000) would be $3,420,500. The combined value of over $3 Million is 'fair value' when compared to out of home billboard advertising in the East Bay, which sells for an average monthly fee of $7,990 for a 14' x 48' traditional bulletin billboard. A monthly showing of 48 billboard faces across the Bay Area would cost an advertiser $346,8003 per month, or $4,161 ,600 annually. This $3 Million plus assessment must be rationalized with the reality of the current market for sponsorships that is stable, but not robust; the crime problem in the corridor and the low awareness of bus rapid transit in the San Francisco DMA are primary hindrances. The latter is a factor that can be overcome with education, the crime problem is not an attribute that can be 1talked through' rather, the sponsor must be willing to accept the unique characteristics of the East Bay BRT Corridor and to develop a genuine sponsorship approach that seeks to improve the quality of life along International Boulevard and East 141h Street. Gobis & Co. recommends that the sponsorships be offered at three levels: 1. Exclusive Service Sponsorship: Includes naming rights to the service with recognition on all facilities, rolling stock and AC Transit supportive media $1,000,000 annually. 2. Partial Service Sponsorship: To be sold in packages equally: 25% of the facilities, rolling stock and AC Transit supportive media - $300,000 annually. 3. Station Sponsorships: Individual station packages including station recognition and AC Transit supportive media- $30,000 annually. AC Transit wi!l stipulate in the sponsorship agreements that the proceeds from the service sponsorships will be used exclusively to fund the operation of the East Bay Bus Rapid Transit service including the maintenance of the right of way and the BRT fleet. None of the funds should be allocated to General Fund or 1
3
Caltrans Traffic Volumes on California State Highways 2012 Clear Channel Out of Home Advertising Rates Spring 2013
•
2
Gobi.s &: Co. LLC 5672
SR 15-190 Attachment 4
Administrative purposes otherwise the sponsorship value will be disingenuous and unsustainable. Under the FTA's New Starts and Small Starts, transit agenc ies receive higher ratings for private participation providing AC Transit with another benefit for pursuing sponsorsh ips.
The Value of the Intangibles to A Sponsor The value of the East Bay Bus Rapid Transit service to a sponsor can be measured in audience numbers, but a sponsor can easily obtain a similar aud ience by buyi ng paid advertising. The key to selling a sponsorship on a public works project is the other intangibles. Located in a corridor that faces multiple challenges-crime, unemployment, health and overall quality of life, a sponsor must have a level of 'enlightenment' to invest in this project. The intangible values of the corridor include: • • • • • •
Recognition for Commitment to Com munity Raisi ng Awareness and Support Building Existing Customer Loyalty Active Community Presence Improving Corporate Image Media Coverage
The characteristics of the BRT corridor, surprisingly, should make the opportunity even more appealing to some sponsors. This corridor is in the heart of the East Bay Region, and while it is not currently a source of civic pride, its transformation would be an important demonstration of the resiliency of the East Bay. 3 Gobis & Co. Ltc
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SR15-190 Attachment 4
EAST BAY BUS RAPID TRANSIT SPONSORSHIP OPPORTUNITIES
.
'
The Project: Bus Rapid Transit {BRT) has been called the "commute of the future" by the Wall Street journal. In the Rockefeller Foundation's recent announcement of $1.2 Million in grants to U.S. cities with active BRT systems, BRT is regarded as "high performance mass transit that delivers the permanence, speed and reliability of rail for a fraction of the cost."
AC Transit is bringing BRT to the East Bay with its nine-mile East Bay BRT Project connecting San Leandro to Oakland with faster, more reliable bus service complemented by enhanced bus stops, upgraded sidewalks, improved roadways and safer environments for riders and pedestrians alike. AC Transit's BRT service will bring a higher level of transit service to what is one of the busiest transit corridors in the nation. N:. Tl3nSit BRT • Pro)«tWlde M~p
The Corridor: The San Leandro/Oakland Corridor is one of the most ethnically diverse with significant Latino, African American and Asian populations, however the living conditions in the proposed BRT corridor are challenging. The corridor has experienced a significant amount of gangrelated crime that has jeopardized residents' personal safety. The 2006 American Community Survey revealed that 27 percent of the population in the corridor are children under
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the age of 20 and 11 percent are seniors over 65. Additionally, 11 percent of the total corridor population lives under the federal poverty level. In addition to tough living conditions, residents along the corridor face serious hea[th issues where 30.5% of Alameda County's schoolaged children are overweight 1 and Alameda has that second highest rate of asthma in the State of California2 •
1
Youth Health and Wellness in Alameda County, 2006
2
Select Health Indicators for Alameda County, 2007
S,ri\1 F~!W'ISt.P B~r
Pase 1
58 74
SR 15-190
..ah~-- ~a~
EAsT BAY BRT SPONSORSHIP OPPORTUNITIES
How BRT Benefits the Community: AC Transit's East Bay BRT Project promises to improve air quality and public health in the corridor by eliminating some 600,000+ vehicular trips each year, reducing the carbon dioxide levels that increase asthma rates. 3 New crosswalks complemented by green pedestrian islands and improved sidewalks will encourage healthier modes of travel for residents. The BRT project will also provide safer waiting areas with brighter lighting that can reduce crime levels4 in residential areas, such as those that surround the International Boulevard and East 14th Street segment of the BRT corridor.
The construction of the BRT system will add 700 new jobs to an area of higher than average unemployment, but the impacts on the local economy don't stop there. Upgraded sidewalks and safer crosswa lks will increase foot traffic that small merchants in the corridor will profit from. Businesses will also benefit from new delivery zones that will eliminate the problem of double parking that increases traffic congestion. AC Transit's East Bay Rapid Transit Line will bring hope to an area that needs the commitment of solid partners. While AC Transit has received financial commitments for capital funding from federal, state and local governments, sponsorship of the line and its stations will be a vital source of financial support for the operation and maintenance of the line, as well as a valuable marketing opportunity for corporations and foundations. To that end, AC Transit is seeking sponsors for the naming rights to the East Bay Rapid Transit line and for the 34 stations along the alignment.
3 4
H;~rvard Medical School Report 2004 US Department of justice-Improved Street Lighting to Reduce Crime 2008
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SR 15-190
A~~
EAST BAY BRT SPONSORSHIP OPPORTUNITIES
Sponsorship Opportunities: The East Bay Bus Rapid Transit line will be an important sponsorship opportunity for any corporation or foundation. Sponsorship opportunities are available at the following levels:
1
EXCLUSIVE SERVICE SPONSORSHlP
2
PARTIALSERVIC::ESPONSORSHIP
3
STATION SPONSORSHIP
Includes naming rights to the service with recognition on all facilities, rolling stock and AC Transit supportive media.
Includes naming rights on 25% of the facilities, rolling stock and AC Transit supportive media.
Individual station package including station recognition and .AC Transit supportive media.
$1,000,000 annually
$300,000 .annually
$30,00Q annually
Sponsorship contributions to a public agency may be tax deductible depending upon your organization's tax status. Please consult your tax advisor.
Sponsorship funds dedicated to the East Bay BRT Line will be used as local match dollars to increase the grant funding available from the United States Department of Transportation's Federal Transit Administration, which requires a local match contribution of 20%. Sponsor Credit Sponsors will receive a title wall on each of the shelters and recognition on the BRT fleet dedicated to the East Bay BRT Line. All published materials including schedules and maps will recognize the sponsors. To ensure maximum exposure for sponsors, AC Transit will stage news events to announce all sponsorship agreements, the construction of the line and the opening of the service. Sponsors will receive recognition in all news media materials released by AC Transit. The AC Transit and Special Project Websites offer information on the BRT line and all agency services reaching AC Transit riders as well as hundreds of thousands of the general public seeking transit information. Sponsors will receive credit on all AC Transit websites as well as links to sponsor websites.
To learn more about AC Transit East Bay BRT line Sponsorships contact john Gobis at 510-891-7168 or visit the AC Transit website at actransit.org/sponsorship. Page3
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Recognition BRT Fleet
Attachment 4
The name olJthla~ sfatiQnll1as eha)1gedl ltis'naw
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Special Meeting: East Bay Bus Rapid Transit Policy Steering Committee MINUTES Monday, January 27, 2014 10:00 a.m. 2nd
Floor Board Room
1600 Franklin Street Oakland, CA 94612 PSC Members:
City of Oakland: Council member Noel Gallo Councilmember Rebecca Kaplan
AC Transit Board: Director Elsa Ortiz, Chair President Greg Harper Direc.:or joel Young
City of San Leam/ro: Councllmember Michael Gregory Councilmember P'K6ll~e Cutter
Alam.:.•.~ -~ 1..f>unty (Ex Officio): Supervisor Nate Miley Metropolitan Transportation commlsslon/Caltrans: District Director Bljan Sartlpl
The East Bay Bus Rapid Transit Polley Steering Committee held a special meeting on Monday, January 27, 2014. The meeting was called to order at 10:05 a.m. with Chair Ortiz Presiding. 1. Roll Call Committee Members Present: Director Elsa Ortiz, Chair President Greg Harper (arrived at 10:10 a.m.) Councilmember Michael Gregory Coundlmember Pauline Cutter Councilmember Noel Gallo Councilmember Rebecca Kaplan Committee Members Absent: Supervisor Nate Miley Director Joel Young Caltrans District Director Bijan Sartipi AC Transit Staff Present: General Manager David J. Armijo General Counsel David Wolf (left the meeting at 10:50 a.m.) District Secretary Linda Nemeroff Chief Planning and Development Officer Dennis Butler Director of BRT David Wilkins East Bay BRT Policy Steering Committee
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2. Public Comment Scott Blanks, representing the joint subcommittee of the Accessibility Advisory Committee and the Mayor's Commission for Persons with Disabilities, commented that the subcommittee needed access to issues pertaining to disability at all critical phases of the BRT project. He further added that since the initial meeting a year ago, the committee has not been engaged by AC Transit to accomplish the goal set forth by the Oakland City Council, which was agreed to by AC Transit. He was concerned that seniors and the disabled community would be left behind or become an afterthought, and asked the Policy Steering Committee to consider these communities as they move forward. Jim Robson, member of joint subcommittee, said he is transit oriented and would like to see more of the bus design changes or modifications since the AC Transit presentation last year. He was concerned that due to economic reasons, changes would be made to the buses that would make them less accessible. He said seniors and disabled riders are some of biggest stakeholders along the BRT route and he didn't want to see accessibility sacrificed to other goals.
3, Chair's Report on pertinent actions of the AC Transit Board. Chair Ortiz reported on the following actions/activities which occurred since the last Policy Steering Committee meeting: Execution of all Master Cooperative Agreements and Operations and Maintenance Agreements with the City of Oakland, City of San Leandro and Caltrans as well as Utility Agreements with AT&T, East Bay Municipal Utility District and PG&E; Kudos to Christine Calabrese and the City of Oakland staff In reaching an equitable Operations and Maintenance Agreement; Lease of the BRT Community Outreach Center with a Grand Opening expected in March; Submission ofthe draft Small Starts Grant Application to secure the last increment of federal funding for the project; Completion of the 65% design expected in April; Acquisition of two parking lots in Oakland; and Efforts by Councilmember Kaplan to help redistribute funds for AC Transit's Dum barton Express service in the proposed Measure B Expenditure Plan. Councilmember Gallo wanted to ensure that the comments of the speakers under public comment regarding disability issues were heard and that staff responded to their concerns. In addition, he asked that the role of the Policy Steering Committee be more clearly defined and that information regarding the project come to the steering committee before being presented to the AC Transit Board or Directors and the city councils. General Manager David Armijo appreciated the comments from the public regarding accessibility issues, noting that it was unfortunate that the concerns had not been addressed and that staff would work with the city and advisory group in the coming weeks. Council member Kaplan requested several agenda items for future meetings (see Item 11). East Bay BRT Policy Steering Committee
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Director of BRT David Wilkins reassured members of the Policy Steering Committee that staff would work with the joint subcommittee and integrate that group Into the design review process as well as provide periodic updates at monthly meetings as the 65% design process is finalized. 4. Consider approving the East Bay Bus Rapid Transit (BRT) Polley Steering Committee minutes of September 30, 2013. MOTION: GALLO/KAPLAN to approve the minutes as presented. The motion carried by the following vote: AYES:6: Gallo, Kaplan, Gregory, Cutter, ABSENT:3: Miley, Young, Sartipi
Harper~
Ortiz
S. Update on the BRT Project Budget- Information Senior Project Manager Ram a Pochiraji presented the staff report. Councilmember Cutter wanted assurances that the project budget included the Conditions of Approval for the City of San leandro, noting that city council was anxious to receive an update on the project to ensure that everything the city requested was on schedule. Councilmember Kaplan inquired about the remaining $27.6 million in federal funding needed for the project. Mr. Pochlra)l advised that the draft Small Starts Grant Application would be submitted on February 4, 2014 and, pending review of the application by the Federal Transportation Administration (FTA), the money is expected to be programed in FY 2015. He added that a decision on the application is expected this summer. Councilmember Kaplan asked if letters of support for the grant from the cities would help. General Manager David Armijo advised that the District was in the process of drafting a letter to the FTA and would appreciate support letters from the cities. He added that while the federal government knows what its budget is for 2015, the FTA has more projects than money, which means that many projects will not be funded. Given that the BRT Project Is the highest rated project in the United States, the region must now act to ensure the project receives funding and is included in the next budget cycle. Councilmember Gregory suggested that since the project is entirely In Representative Barbara Lee's district, joint support for the funding allocation should be sought locally through her. The item was presented for information only. 6. BRT Project update· Information Director of BRT David Wilkins presented the staff report. With regard to parking lots, President Harper asked if the City of Oakland had decided whether or not to charge for parking and encouraged the use of Clipper to facilitate Page 3 of 6
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payment. Councilmember Gallo asked City staff to advise on how the issue could be brought before the city council. City of Oakland BRT Program Manager Christine Calabrese advised that while this issue had not been decided, a proposal would be brought to the council along with the Parking Impact Mitigation Plan. Councilmember Kaplan commented on the need to increase Clipper vendors along the corridor, noting that perhaps some of the partner agency non-profits would like to become vendors. The item was presented for information only. 7. BRT Community Relations and Outreach Program update -Information
BRT Community Relations and Outreach Team Manager Terry lightfoot of L luster & Associates presented the staff report. With regard to the Art Enhancement Programi President Harper inquired whether the Policy Steering Committee would be involved in the process to select artists. Artistic Advisor Helene Freid reported on the process, noting that a Technical Assistance Committee (TAC) comprised of representatives from Oakland, San leandro. and AC Transit would select seven semi-finalists and two alternates and the semi-finalists would then have 30 days to present design concepts, which will be on public display in the lobby of AC Transit's General Offices. She added that the Artist Selection Panel comprised of community representatives from Oakland. San leandro. and expert professionals will make a recommendation of 1 to 3 lead artists, which would then be forwarded to the AC Transit Board of Directors for consideration. Mr. Butler added that the lead artist recommendations would first be presented to the Policy Steering Committee for a recommendation. With regard to community relations and outreach, Councilmember Gallo asked if staff would be collecting information beyond the transit corridor that could assist in reporting broken lights, trees blocking light poles, etc. to the cities via the public works departments. Mr. lightfoot reported that outreach efforts were focused primarily on the corridor. but depending on the availability of resources, staff would be open to sharing information. With regard to the Community Outreach Center, Councilmember Kaplan commented that it could make a big difference In welcoming people to the BRT. adding that it was Important for the center to be open evenings and weekends; have Clipper Card and pass sales on site; as well as provide information in multiple languages, maps. etc. Mr. Butler advised that plans for the center were still under development. Chair Ortiz asked about the purpose of the community engagement working groups. Mr. lightfoot advised that this group is designed to help roll out the community relations aspect of the project. Chair Ortiz suggested that staff become very familiar with the groups the District has been working with because most of them have been very active and vocal in the project.
East Bay BRT Policy Steering Committee January 27, 2014
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The item was presented for information only. Staff is to provide an update on the Community Outreach Center at the next meeting (Requested by Councilmember Kaplan). 8. BRT service and station sponsorship strategy- Review and Comment
BRT Program Consultant John Gobis of Gob is & Co. LLC presented the staff report. Chair Ortiz asked who would be responsible for and actively seeking out potential sponsors (in-house staff or an outside contractor), whether there were measurable goals, and the basis for compensation. General Manager David Armijo advised that Mr. Gobis was a subcontractor under the Gannet Fleming contract and was not a staff consultant and that there was no percentage-based compensation in place. He added that the purpose of the report was to provide an example to the committee of the revenue that could be generated as a result of sponsorships. Mr. Gobis advised that he normally does not earn a percentage based on any work that he performs; noting that he usually helps develop relationships with advertisers that are maintained by staff. Councilmember Cutter commented that it was good to hear that staff was looking for a funding source for operation and maintenance costs; noting that safety was a critical issue for the corridor as was graffiti abatement. Mr. Gobis advised that because the cleanliness of a station could potentially impact a sponsor's brand, supplemental services could be provided by the sponsor to keep a station clean. Councilmember Cutter commented that sponsorships need to be spread throughout the project to ensure that the whole line benefits. Counci!member Kaplan commented that the money raised from the station sponsorships should be used for operations and maintenance and motioned that the Committee recommend a formal policy. The motion was later withdrawn pending further discussion at a future meeting. She also asked that consideration be given to following: Integration of sponsorships with engineering so that in kind services, such as wifi or lighting can be coordinated; That the dense amount of churches and churchgoers along the corridor be promoted as a selling point to potential sponsors; That NextBus signs scroll messages from sponsors; and Sponsorship information on maps and wayfinding. Councilmember Gallo felt that the sponsorships needed to be marketed to financial institutions as a show of support and investment along the corridor. He said that he would
be happy to help promote the sponsorships. Councilmember Harper commented that while there was a need for as much money as possible for operations and maintenance costs through sponsorships, it would be nice to have sponsors who are particularly beneficial to the whole community through their brand message.
East Bay BRT Polley Steering Committee January 27, 2014
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The item was presented for review and comment. While the feedback from the committee was positive, no action was taken pending further discussion at a future meeting. 9. Station naming protocol and review of proposed station names- Review and Comment Senior Project Manager Rama Pochlraji presented the staff report. The committee recommended that the standard station names outlined in the staff report be used because they were well defined and simple, i.e. by street name, geographical location.
10. Confirm date and time of next meeting. The next meeting is scheduled for March 31, 2014, at 10:00 a.m. Staff is to assess and advise the Chair If a meeting needs to be held sooner than March 3151 •
11. Future Agenda Items
• • •
•
•
Update on disability and senior access issues raised at the meeting under pub lic comment. [Requested by Councilmembers Galla/Kaplan] (next meeting) Recommendations from the Artist Selection Panel. (next meeting, see Item 7) Update on station sponsorships [Fu.rther discussion continued to a future meeting] Discussion concerning the development of a transit pass incentive program and outreach to senior facilities regarding a bulk pass similar to the Eco Pass, but for the senior community. [Requested by Councllmember Kaplan] Discussion at the staff level and at the Policy Steering Committee of the trade-offs associated with the next level of engineering In the event there is not enough money in the budget to do everything that the cities want, i.e. mitigations, access issues, streetscape improvements, bulb-outs, et c. Decisions on trade-offs can be prioritized based on available funding. [Requested by Councilmember Kaplan] Update on the BRT Community Outreach Center. [Requested by Councllmember Kaplan](See Item 7).
12. Adjournment There being no further business to come before the committee, the meeting adjourned at 11:37 a.m. Respectfully sub mitted,
~ District Secretary
East Bay BRT Polley Stl!erlng Committee January 27, 2014
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BOARD OF DIRECTORS September 16, 2015
Report 15-236 Consider adoption of Resolution No. 15-042 approving a Memorandum of Understanding amending the Collective Bargaining Agreement with the American Federation of State and Municipal Employees, Local 3916. [Subject to approval by AFSCME, Local 3916]
CURRENTLY NOT AVAILABLE WILL BE MADE AVAILABLE TO THE PUBLIC AT THE TIME IT IS PROVIDED TO THE BOARD OF DIRECTORS
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Report No: Meeting Date:
15-094a September 16, 2015
Alameda-Contra Costa Transit District
STAFF REPORT TO:
AC Transit Board of Directors
FROM:
Kathleen Kelly, Interim General Manager
SUBJECT:
Heavy Duty Towing Contract for District Vehicles
ACTION ITEM RECOMMENDED ACTION(S):
Consider authorizing the interim General Manager to award a contract to Palace Garage for heavy duty towing services. EXECUTIVE SUMMARY:
The towing contract supports the District by providing twenty-four hour on-call heavy duty towing services for buses and non-revenue vehicles that operate within Alameda and Contra Costa Counties in addition to Transbay service to San Francisco, Palo Alto and San Mateo. Staff recommends contract award to Palace Garage for heavy duty towing services for a five (5) year base period. The contractor will be required to provide all towing services requested from the District on an as needed basis. BUDGETARY/FISCAL IMPACT:
The total cost for this five (5) year contract is $747,650, which will be included in the annual operating budget.
BACKGROUND/RATIONALE:
The District does not have equipment with the ability to tow buses and other non-revenue vehicles within the AC Transit service area. The capital cost for heavy-duty towing equipment and the labor hours to support the towing of vehicles is not a cost effective option for the District. The contract will support the district by providing heavy duty towing services for the buses and non-revenue vehicles that operate within Alameda and Contra Costa Counties in addition to Transbay service to San Francisco, Palo Alto and San Mateo. The current contract (2010-1143) will expire on September 30, 2015.
87
Report No. 15-094a Page 2 of 4 It is the District 's intent to awa rd the towing contract to Palace Garage for a five (5) year period. The contractor will be required to provide all towing services requested from the District on an as needed basis. A tota l of sixt een (16) firms were solicited for this procu rement, including three (3) Disadvantaged Business Enterprise (DBE) firms. The District received one timely bid wh ich was deemed responsive an d responsible. The recommended firm is Palace Garage with a base bid of $747,650. The pre-bid conference was held at the Central Maintenance Facility on August 17, 2015. In effort to foster participation the procurement t eam resea rched and conducted vendor outreach initiatives to firms that are engaged heavy duty t owing se rvices, as far geographically, as Tracy, California. In total, the team contacted six (6) additional providers not included on the broadcast list. While not all of the additional se rvice providers contacted had the ability to accommodate the District's requirements, the Director of Procurement wanted to foster a competitive procurement process. In addition to the six firms that were directly contacted, other towing firms were identified, but lacked th e ability to provide heavy towing, which rep resents th e bulk of the District's needs. The following is a summary of the pricing provided by the contractor for each type of equipment currently deployed at the District:
Pricing Comparison Percentage
Flat Rate Fee
Bus Type
Current
Pmposed
Proposed VS Current
NASI Low /High Floor
$440.00
$420.00
-6%
New Flyer Artie
$550.00
$525.00
-5%
$420.00
NA
VanHool30'
Not Previously Bid
VanHool40'
$440.00
$420.00
-5%
VanHool60"
$660.00
$630.00
·5%
MCI45'
$550.00
$525.00
-5%
Gillig 40'
$440.00
$420.00
-5%
Eldorado 23'
$220.00
$210.00
-5%
88
I
Report No. 15-094a Page 3 of 4
VH 40' Hydrogen Bus
$550.00
$525.00
-5%
Cars
$165.00
$157.50
-5%
Medium Duty Trucks
$220.00
$280.00
21%
Vacuum Trailer
$220.00
$210.00
-5%
Vans & Pick-Up Trucks
$220.00
$210.00
-5%
Forklifts
$165.00
$157.50
-5%
Yard Scrubber
$220.00
$210.00
-5%
$630,00
NA
Double Decker
Not Previously Bid
The pricing of this bid has been deemed fair and reasonab le based on the comparison above, comparison to the Independent Cost Estimate (ICE), and comparison to the price in the final year of the curre nt contract. The attached spreadsheet illustrat es the cost per year per subfleet type . Revenue vehicle pricing was based on 25 tows per vehicle type per year, and Nonrevenue veh icle pricing was based on 20 tows per veh icle type per year. ADVANTAGES/DISADVANTAGES: The advantage of having a heavy duty towing cont ract is that the selected contractor wi ll have the specific equipment and experience in towing the various types of buses and non-revenue vehicles. There are no known disadvantages to having a heavy duty towing contract. ALTERNATIVES ANALYSIS: There are no c.ost effective options to issuing a contract to have District vehicles towed. PRIOR RELEVANT BOARD ACTIONS/POLICIES: Staff Report 15-094 Heavy Duty Towing Contract for District Vehicles ATIACHMENTS: 1: Five year cost totals by vehicle t ype
Executive Staff Approval:
James D. Pachan, Chief Operating Officer/Interim Chief Financial Officer
89
Report No. 15-094a Page 4 of 4 Reviewed by:
Prepared by:
Denise C. Standridge, General Counsel Jon Medwin, Purchasing Director Stuart Hoffman, Technical Service Manager
90
SR15-094a ATT.1
Bid No. 2015-1339 Heavy Duty Towing Contract/Opening Date: September 3, 2015/Contract Specialist: Shawn Walker Project Description
Year!
Year2
Vear3
Year4
YearS
NASI Low Floor
$10,500
$11,000
$11,000
$12,000
$12,000
Total $56,000
New Flyer Artie
$13,125
$13,750
$13,750
$14,375
$15,000
$70,000
VanHool30'
$10,500
$11,000
$11,000
$11,500
$12,000
$56,000
VanHool40'
$10,500
$11,000
$11,000
$11,500
$12,000
$56,000-
VanHool60'
$15,750
$16,500
$16,500
$17,250
$18,000
$84,000
MCI4S'
$13,125
$13,750
$13,750
$14,375
$15,000
$70,000
Gillig40'
$10,500
$11,000
$11,000
$11,500
$12,000
$56,000
Eldorado 23'
$5,250
$5,500
$5,500
$6,000
$6,500
$28,750
VH 40'
$13,125
$13,750
$13,750
$14,375
$15,000
$70,000-
Cars
$3,150
$3,300
$3,300
$3,500
$3,700
$16,95o
Medium Duty Trucks
$5,600
$6,000
$6,000
$6,400
$6,800
$30,800
Vacuum Trailer
$4,200
$4,400
$4,400
$4,800
$5,200
$23,000
Van & Pickup Trucks
$4,200
$4,400
$4,400
$4,800
$5,200
$23,000
Forklifts
$3,150
$3,300
$3,300
$3,500
$3,700
$16,950
Yard Scrubber
$4,200
$4,400
$4,400
$4,800
$5,200
$23,000
Double Decker
$12,600
$13,200
$13,200
$13,800
$14,400
$67,200
5 Year Totals
$139,475
$146,250
$146,250
$153,975
$161,700
$747,650
-
Hydrogen
Bus
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92
Staff Report 15-238
ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
DRAFT AGENDA Special Joint Meeting of the AC Transit Board of Directors and AC Transit Retirement Board AC Transit General Offices 2ncl Floor Board Room
1600 Franklin Street Oakland, CA 94612
Wednesday, October 21, 2015 at 1:00 p.m. (Tentative)
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)
MEMBERS OF THE RETIREMENT BOARD JEFFREY LEWIS, CHAIR YVONNE M. WILLIAMS, VICE CHAIR SUE LEE, TRUSTEE DAVIS H. RIEMER, TRUSTEE JOYCE M. WILLIS, TRUSTEE
AC TRANSIT BOARD OFFICERS MICHAEL A. HURSH, GENERAL MANAGER DENISE C. STANDRIDGE, GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY RETIREMENT SYSTEM STAFF HUGO WILDMANN, RETIREMENT SYSTEM MANAGER
To access live and archived audio of Board of Directors meetings as well as agendas, staff reports, and the schedule offuture meetings please visit WW_y.t".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 Trar1sit District DRAFT
September 24, 2014 93
Page 1of3
Staff Report 15-238 SPECIAL JOINT MEETING OF THE AC TRANSIT BOARD OF DIRECTORS AND AC TRANSIT RETIREMENT BOARD
President H. E. Christian Peeples and Chair Jeffrey Lewis Presiding
Staff Contact or Presenter
Wednesday, October 21, 2015 at 1:00 p.m. 1.
ROLL CALL
2.
PUBLIC COMMENT Any person may directly address the Board at this t'1me 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 (Z) minutes are allowed for each item.
3.
INTRODUCTION OF PARTICIPANTS
4.
DISCUSSION ITEMS [NOTE: Most items carried over from previous year)
4A. : Role and Responsibility of the Retirement Board.
4B. District Contribution and the Funded Ratio of the Plan.
4C.. District's Unfunded Actuarial Accrued liability.
Russ Richeda
Hugo Wildmann/ Bob McCrory Cheiron Bob McCrory
Cheiron Cheiron
4D. Mortality Study.
4E. New Investment Allocations and Portfolio Performance.
Carolyn Smith
NEPC 4F.: Public Employees' Pension Reform Act/ Tier 2 Update.
Denise Standridge
4G .. New GASB Accounting Standards.
Buck Consultants
5.
BOARD/STAFF COMMENTS (Government Code Section 54954.2)
6.
Alameda DRAFT
ADJOURNMENT
Cor~tra
Costa Transit District
September 24, 2014 94
Page3of3
BOARD OF DIRECTORS September 16, 2015
Agenda Item 5E (VERBAL)
Consider approving November 11, 2015, as the regular Board meeting date for the month of November
95
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96
EXTERNAL AFFAIRS COMMITTEE
September 16, 2015 Agenda Items A-2 – A-3
97
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98
Report No: Meeting Date:
15-215 September 16, 2015
Alameda-Contra Costa Transit District
STAFF REPORT TO:
External Affairs Committee AC Transit Board of Directors
FROM:
Kathleen Kelly, Interim General Manager
SUBJECT:
Monthly legislative Report
BRIEFING ITEM RECOMMENDED ACTION(S): Consider recommending receipt of the Monthly Legislative Report.
EXECUTIVE SUMMARY: Congress returned from its summer recess on Tuesday, September 8. Before they adjourned, they approved an $8 billion short-term extension of MAP-21, a highway and transit spending authorization, until Thursday, October 29. The Senate also approved a six-year authorization of the highway bill known as the "DRIVE Act" (Developing a Reliable and Innovative Vision for the Economy Act; HR 22). The House of Representatives is now expected to consider its own longterm transportation funding bill before the short-term extension runs out. The Legislature is scheduled to adjourn from regular session on Friday, September 11. It is unclear if members will stay past this date to continue the special session. In mid-August, the Senate Special Session Committee on Transportation & Infrastructure Development held its first hearing on special session bills. By a vote of 9-2, the Committee approved SBX 1 (Beall), which would generate approximately $6 billion annually through a range of taxes, fees, and loan repayments to be used to fund state highway and local and street and road maintenance needs.
BUDGETARY/FISCAL IMPACT: There is no budgetary or fiscal impact associated with this report.
BACKGROUND/RATIONALE: Federal legislation Update Congress returned from its summer recess on Tuesday, September 8. Before they adjourned, they approved an $8 billion short-term extension of MAP-21, a highway and transit spending authorization, until Thursday, October 29. The Senate also approved a six-year authorization of the highway bill known as the "DRIVE Act" (Developing a Reliable and Innovative Vision for the Economy Act; HR 22). The House of Representatives is now expected to consider its own longterm transportation funding bill before the short-term extension runs out.
99
Report No. 15-215 Page 2 of3 Congress must pass a budget by Wednesday, September 30, to avoid a government shutdown. Negotiations are taking place, both publically and privately, among legislators. Congressional Republicans would like to increase military spending while Congressional Democrats would like to increase domestic spending and end the sequester (across-the-board spending cuts that were enacted in 2011). In mid-August, thirteen California Representatives sent a letter to Department of Labor Secretary Tom Perez requesting a meeting to discuss the California Public Employees' Pension Reform Act (PEPRA) and the withholding of Federal Transit Administration (FTA) grants. All four members of the AC Transit delegation signed on to the letter. The meeting has been scheduled for Wednesday, September 9. The agenda primarily consists of an update from Secretary Perez on the plans in place to ensure that transit districts receive FTA grant funding while the PEPRA dispute continues. Members will then have an opportunity to ask questions.
State legislation Update The Legislature is scheduled to adjourn from regular session on Friday, September 11. It is unclear if members will stay past this date to continue the special session. In mid-August, the Senate Special Session Committee on Transportation & Infrastructure Development held its first hearing on special session bills. By a vote of 9-2, the Committee approved SBX 1 (Beall). This bill would generate approximately $6 billion annually through a range of taxes, fees, and loan repayments to be used to fund state highway and local and street and road maintenance needs. It is expected that the Committee will hold another hearing to consider the remaining bills; however, a list of which bills will be heard is not available. A similar hearing in the Assembly has yet to be scheduled. last month, Assemblymember Jim Frazier, Chair of the Assembly Select Committee on Bay Area Transportation Systems, held an information hearing at the Metropolitan Transportation Commission in Oakland, CA. President Peeples gave remarks during the public comment period. ADVANTAGES/DISADVANTAGES:
This report is provided to inform the Board of monthly legislative activities and to seek its approval to support or oppose legislation affecting AC Transit. This provides clear direction to legislators and other bodies of AC Transit's positions.
ALTERNATIVES ANALYSIS:
This report provides an update of monthly legislative activities. AC Transit could opt to defer from legislative positions and operate without making its positions known, leaving the District vulnerable to unfavorable legislation.
100
Report No. 15-215 Page3of3
PRIOR RELEVANT BOARD ACTIONS/POLICIES: Staff Report 15-165: 2015 Federal and State Legislative Advocacy Programs ATTACHMENTS: 1; Federal legislative Report from Van Scoyoc Associates 2. State legislative Report from Platinum Advisors 3. State Legislative Bill Matrix 4. FY 2015 Federal Advocacy Program 5. FY 2015 State Advocacy Program
Executive Staff Approval; Reviewed by:
Aida R. Asuncion, Interim Chief Planning, Construction and Engineering Officer Beverly Greene, Director of legislative Affairs & Community
Relations Prepared by:
Estee Sepulveda, External Affairs Representative
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SR 15-215 Attachment I
VANSCOYOC ASMOCIATI~M
Transportation Update September 8, 2015
Steven 0. Ptllmer, Vice President
Dan Neuman11, Director David Haines, Manager
This Month The House and Senate return to Washington this week. Before leaving for the August recess, the Senate passed H.R. 22, the DRIVE Act, which authorizes funding for federal highway, transit, and passenger rail programs for FY 2016-21. The House Transportation and Infrastructure Committee could release the draft bill this week and vote on the legislation on September 17. The House Ways and Means Committee has not announced a schedule for acting on the revenue title. In late July, Congress extended current funding through October 29. Congress also must pass legislation to extend spending authority for the Federal Aviation Administration (FAA) by the end of September. With the House and Senate are now focused on the surface transportation reauthorization, a short-term FAA extension is a virtual certainty at this point. With respect to the annual appropriations process, Congress must act by September 30 to avoid a government shutdown. A continuing resolution (CR) of some length is a certainty. The Congressional Research Service recently determined that Congress has passed 103 CR's since 1998. The average length has been 24.6 days.
Markup: Surface Trunsportatio11 R&D. On Thursday, September I 0, the Research and Technology Subcommittee of the Science, Space and Technology Committee is scheduled to markup two bills authorizing funds and setting priorities for surface transportation research and development programs. The Subcommittee will consider an original bill that has not yet been made public as well as H.R. 2&86, the Future Transportation Research and Innovation for Prosperity Act, sponsored by Illinois Representative Daniel Lipinski. After full Committee approval of these bills, they will be added to the multi-year surface transportation bill when it reaches the House tloor. The Committee markup memo on both bills is here. August
Proposed Rule: Public Tmmportatio11 Safety. On August 14, the Federal Transit Administration (FTA) issued a proposed rule to establish a public transportation safety program at the agency. This proposed
103
rule would implement FTA's authority to inspect, audit, and examine public transit agencies for safety; test their equipment, faci lities, rolling, stock, and operations; and take appropriate enforcement actions. More information on the rulemaking can be found here. Government Accmmtabil ity Office Report: NextGe11 Juteroperflbility. On August 28, the Government Accountability act (GAO) issued a report on factors that may affect the interoperability of the Next Generation Air Transpmtation System (NextGen). GAO recommended that the FAA conduct a comprehensive assessment of risks to NextGen 's global interoperabi lity and identify how this information will be used to mitigate risks and prioritize resources. The repot1 can be found here.
104
SR 15-215 Attachment 2
August 26, 2015 TO:
Director Chris Peeples, President, and Members of the Board Kathleen Kelly, Interim General Manager Beverly Greene, Director of Legislative Affairs & Community Relations
FR:
Steve Wallauch Platinum Advisors
RE :
LEGISLATIVE UPDATE
The Legislature reconvened on August 17th to complete the 2015 legislative session, and they will adjourn in two-weeks on September 11. Governor Jerry Brown will then have until October 11 to act on legislation. The most pressing issue this week is the Suspe nse File hearings on Thursday by both the Senate Comm ittee on Appropriations and the Assembly Committee on Appropriations where the fate of hundreds of bills will be decided . It's unclear whether the Legislature plans to stick around later than September 11th to complete the extraordinary sessions on transportation infrastructure and hea lth care financing, but rumors are that they won't. If they are close to a deal on a transportation package, they might stick around a few days. Optimism remains on reaching a transportation deal, so at thi s point anything is possible. Th e special session on health care financing in particular is viewed as possibly premature beca use the current managed ca re organization (MCO} tax on plans doesn't expire unti l July 1, 2016. One of the primary objectives of the session is to explore versions of a new MCO t ax that will meet recently changed federal requirements. Without some urgency, it will be especially difficult to obtain the needed 2/3 vote in each house for a revised tax. Brooding Omnipresence: While progress on reaching a deal on funding transportation has not been visible, the past week was filled with activities to focus attention on the need to reach a funding agreement. The highlight last week was a press conference at the Port of Oakland held by Governor Brown and Assembly Speaker Toni Atkins, along with a host of supporters from local governments, labo r, and busin ess. While the need for funding has been well defined, how to secure that revenue is open for debat e, and that is a debate the Governor does not want to stray into. The potential solutions ranges from the taxes and fees proposed in SBX 1 t o proposals to redirecting high speed rail 1
105
funds, cap & trade auction revenue and savings created by trimming Caltrans personnel costs to transportation projects. Governor Brown was repeatedly asked which taxes, fees or other proposals he would support. He dodged this question multiple times with statements such as "As a brooding omnipresence, I stand above the fray here." Brooding omnipresence is what we all sense in this effort to reach a deal. last week the Senate Special Session Committee on Transportation & Infrastructure Development held "its first hearing on special session bills. The agenda included several measures introduced by Republican members, but the highlight of the agenda was Senator Beall's SBX 1, which was approved 9-2. SBX 1 proposes a broad range of taxes, fees, and loan repayments that would generate about $6 billion annually. SBX 3 (Vidak, R), which proposed to redirect high speed rail bond funds, and SBX 9 {Moorlach, R), which would require Caltrans to contract out SO% of its work both failed passage. However, Senator Vidak's SBX 13, which would establish the Office of Transportation Inspector General, was approved. In addition, SBX 12 (Runner, R), which would make the CTC an independent agency and transfer responsibility for the SHOPP to the CTC, was also approved. The Committee is expected to hold another hearing on the remaining bills, but it remains to be seen if the transit funding bills, SBX 7 and SBX 8, will be heard. A similar hearing in the Assembly has yet to be scheduled. In addition, Assemblyman Jim Frazier chaired what was called a roundtable discussion on transportation funding in Walnut Creek. While not a committee meeting, it was well attended with participating members including Assembly members Susan Bonilla, David Chiu, Jimmy Gomez, Catharine Baker, Katcho Achadijian, and Adrin Nazarian. A similar meeting was held earlier this week in los Angeles, and another is expected to be held in Fresno. The discussion centered around an overview provided by Caltrans Director Malcolm Dougherty followed by panel presentations from local governments and a panel representing business and labor. The local government panel consisted of Contra Costa Supervisor Candace Anderson, Clayton City Councilmember Julie Pierce, and MTC Executive Director Steve Heminger. The labor and business panel consisted of CTC Commissioner Bob Alvarado, representing Northern California Carperters, CTC Commissioner Jim Ghielmetti, representing Signature Homes, leo Scott (a small business owner), and Jim Wunderman with the Bay Area Council. No public comment was allowed. While transit has been largely ignored so far in the special session discussion, the Walnut Creek forum was the first opportunity for members to express their interest in providing support for public transit. Assemblywoman Baker underscored the importance of the Bay Area's rail systems (BART, ACE, CaiTrain) in response to Director Dougherty comments about the important role transit plays. In addition, Assemblymember Chiu stressed the need to balance the needs of transit with roadways, and to provide some small portion of funding for transit. The Caltrans Director agreed with the need to invest in transit, but stated that "this" conversation is about addressing infrastructure needs; however, Governor Brown indicated that negotiations will determine whether an investment is made in transit. During his 2
106
comments, Jim Ghielmetti restated his interest in finding a new way of funding transit operations and capitaL
Bay Area Transportation: Last Friday, the Assembly Select Committee on Bay Area Transportation held a hearing at MTC. The hearing was well attended with Assembly members Jim Frazier, Rob Bonta, Bill Dodd, Catherine Baker, Bill Quirk, David Chiu, Even low, and Kevin Mullin present for all or most of the hearing. While there was some overlap, this hearing was not intended to provide any insight or input into the special session. The purpose of this hearing was to provide an overview of accomplishments and the challenges the region's highway and transit systems face. This hearing was also the first step in potentially developing the next Regional Measure 3. The hearing centered around presentations made by Steven Heminger, Executive Director of MTC, Egan Terplan with SPUR, Michael Cunningham with the Bay Area Council, and Josh Huber with the East Bay leadership Council. While Mr. Heminger highlighted the significant amount of local taxes dedicated to transportation and transit, he also pointed out the significant shortfall facing not only roadway maintenance but also transit capital needs. Mr. Terplan's comments centered on SPUR's report titled Seamless Transit and how to improve transit service by standardizing fares and integrating schedules, but by also separating bus service from vehicle traffic and better integrating land use and transportation decisions. AC Transit Director Chris Peeples and BART Director Robert Raburn kicked off the public comment, and were followed by several individuals that expressed support for funding public transit, bicycling and pedestrian projects.
3
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SR 15-215 Attachment 3
August 26, 2015 Table 1 Board Action Positions Bills AB464 (Mullin D) Transactions and use taxes: maximum combined rate
Subject
Status
Existing law caps the cumu lative total amount of VETOED locally imposed sa les taxes at 2%. However, many counties, including Alameda, are currently at that limit. AB 464 would amend existing to adjust the cap up to 3%.
Client - Position ~UPPORT
Governor Brown vetoed this measure. While his veto message stated he supported increases for specific counties (i.e. Alameda County), he was reluctant to increase for all given the number of axes being discussed for the 2016 ballot. ABS16 (Mullin D) Vehicles: emporary license plates
AB 516 would require the Department of Motor SENATE APPRSuspense File Vehicles to develop a temporary license plate system to enable vehicle dealers to install a emporary license plate on all new vehicle sales, or the sale of vehicles that currently do not have a license plate.
~UPPORT
The purpose of the bill is to help the public and law enforcement to identify a vehicle used in a hit and run or other crime, as well as reduces the ability to evade toll payments. AB 857 (Perea D) California Clean lfruck, Bus, and Off-Road Vehicle and Equipment !Technology Program.
Last year the legislature passed and the Governor SENATE APPRsigned SB 1204, which placed in statute the Suspense File California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program. This program essentially codifies CARB's existing programs aimed at funding projects that lead to he commercialization of zero emission trucks and buses. SB 1204 also directs until January 1, 2018, 20% of the funds annually to truck projects.
Oppose
AB 857 would increase the amount of funds dedicated to truck projects. From January 2018 1
109
o January 2023, AB 857 would require CARB to direct at least 50% or $100 million, whichever is greater, of cap &trade revenue dedicated to this program toward zero and near-zero heavy-duty ruck projects and low emission natural gas rucks. jAB 857 would significantly increase the truck setaside, which would limit CARS's ability to fund era emission bus projects.
L'\B 1008 (Quirk D) Public utilities: sale of hydrogen to public as a motor vehicle fueL
upport !AB 1008 would amend existing law to add igned Into law hydrogen sold for the purpose of being used as a Chapter 109, Statutes ehide fuel will not be regulated as a public 1<>12015 utility.
L'\B 1250 (Bloom D) Vehicles: buses: gross axle weight
tAB 1250 is sponsored by the CTA. The bill was !SENATE FlOOR recently amended to include a potential solution o the bus axle weight issue. In general, the amendments would phase in an unladen axle weight of 22,000 pounds for transit vehicles. While city and county associations are still reviewing this proposal, AB 1250 makes the allowing changes.
Existing law currently exempts the sale of natural as and electricity sold to power vehicles as a regulated as a public utility. AB 1008 would reate parity in how hydrogen is regulated when used as a transportation fueL
•
UPPORT
Continue the exemption for all buses procured through a solicitation issued before January 1, 2016.
•
Vehicle procurements issued between January 1, 2016 and December 31,2017 must have an unladen axle weight not to exceed 25,000 pounds.
•
Vehicle procurements issued between January 1, 2018 and December 31, 2019 must have an unladen axle weight not to exceed 24,000 pounds.
•
Vehicle procurements issued between January 1, 2020 and December 31, 2021 2
110
must have an unladen axle weight not to exceed 23,000 pounds.
•
Vehicle procurements issued on or after January 1, 2022, shall not exceed an unlade axle weight of 22,000 pounds.
•
Provisions were also added that allows a vehicle with a maximum weight that
exceeds the weight limit of a bridge to operate on that bridge if a permit is obtained from the entity that owns the bridge. he content of this bill is still subject to negotiations with local governments, so additional amendments are likely. ASSEMBLY APPRACA 4 would amend the Constitution to lower (Frazier D) approval threshold to impose a special sales tax ~uspense File local government hat provides funding for local transportation ransportation project to 55%. local transportation projects are projects: special rlefined to include the funding needs for local treets and roads, state highways and freeways, axes: voter approval. and public transit systems. ACA 4 does not lower he voter threshold for parcel taxes.
UPPORT
ABX 7 would increase the share of cap & trade f'.SSEMBLY PRINT unds dedicated to transit. The bill would increase the amount allocated to the low Carbon ransit Operations Program from 5% to 10%, and increase the amount allocated to the Transit & Intercity Rail Capital Program from 10% to 20%.
UP PORT
f'.SSEMBLY PRINT
UP PORT
ACA4
1<\BXl 7 (Nazarian D)
Public transit: funding.
ABX18 (Chiu D) Diesel sales and use tax.
Starting on July 1, 2016, ABX 8 would impose a sales tax on diesel fuel sales of 5.25%. This revenue would be deposited into the Public ransportation Account and allocated to operators through the State Transit Assistance ormula. he bill would also sunset the existing 1.75% gas ax swap add-on sales tax imposed on diesel fuel sales on July 1, 2016. Thus replacing the existing 1.75% rate with the 5.25% rate.
3
111
Recent amendments remove provision in SB 9 ASSEMBlYFLOOR ~ (Beall D) hat split the funds in the Transit Capital & Greenhouse Gas Intercity Rail Program between projects with a Reduction Fund: cost in excess of $100 million and projects with a cost less than $100 million. As currently drafted ransit and SB 9 makes the following beneficial changes to Intercity Rail Capital Program. he Transit Capital & Intercity Rail Program:
•
UPPORT
Requires CaiSTA to consider the extent to which a project reduces GHG emissions in
selecf1ng projects for funding.
• •
Clarifies eligible applicants include bus, rail, and ferry operators. Requires CaiSTA, by July 1, 2016, to
develop a five-year estimate of revenues of the program in annual increments and adopt an initial program of projects for those five years.
•
Authorizes CaiSTA to enter into and execute a multiyear funding agreement with an eligible applicant for a multiyear project.
•
Authorizes a lead applicant agency to apply to CTC for a letter of no prejudice
SB 391
58 391 would enhance the penalties for assault or SENATE PUBS.
(Huff R)
battery of a transit employee. Specifically SB 391 adds transit employee to the list of individuals,
Assault and battery: transit employees
UP PORT
WO-YEAR Bill
such as police officers, firefighters and medical personnel. The fines for assault or battery of a ransit employee would increase to a fine not exceeding $2,000 or up to 1 year in jail, or both.
58413 (Wieckowski D) Public transit: prohibited on duct.
SB 413 is sponsored by the California Transit
f'\SSEMBlY FLOOR
UPPORT
Association. This bill would add two more activities to the list of activities punishable by a ine or administrative penalty when on a transit ehicle or facility. B 413 would make failure to comply with a warning related to loud or unreasonable noise. subject to a penalty. The bill also removes the exemption of juveniles from the administrative penalties process.
The bill was amended to replace the failure to ield a seat reserved for an elderly or disabled 4
112
person with language that would authorize an operator to adopt an ordinance to enforce failure to yield a seat as an infraction . . B 508 (Beall D) ran sit operations: inancial requirements
B 508 is sponsored by CTA. This bill makes everal changes to the fare box recovery ratio calculation and eligibility criteria for STA funds.
ASSEMBLY FLOOR
UP PORT
However, the bill was recently amended to delete the ability to exempt health and pension costs. SB 508 makes the following changes: • Deletes the fare box recovery requirement that agencies maintain the ratio they achieved in 1978-79. • Excludes the principal and interest payments on capital projects funded with certificates of participation. • Excludes from the operating cost definition the cost of fuel, alternative fuel, power, insurance premiums, settlement payments, and state and federal mandates. Clarifies that local funds used to meet the • fare box ratio includes any non state or nonfederal grants. • Replaces the "pass f fail" nature of the STA qualifying criteria, with a sliding scale. SB 508 also clarifies that a portion of local ransportation funds can be used educational programs promoting bicycling and pedestrian safety.
SBX11 (Beall D) ransportation funding.
Like 58 16, SBX 1 is the Senate Democrat's ransportation funding proposal that would generate up to $3.6 billion annually over the next 5 years. The funds would primarily be used to und state highway and local and street and road maintenance needs.
ENATE APPR
pUPPORT & Seek jAmendments
SBX 1 was amended on July 14th to make the allowing changes:
• •
Gasoline excise tax increased to 12 cents from 10 cents. Diesel excise tax increases to 22 cents from 12 cent. The amount dedicated to 5
113
•
•
•
•
•
• •
trade corridors was increased from 2 cents to 12 cents. Eliminates the BOE's annual true-up of the gas tax swap and replaces it with a fixed swap excise tax of 17 cents that would be adjusted for inflation by the BOE every three years. Expands the allowable use of these funds by cities and counties to include maintenance and rehabilitation, safety projects, grade separation projects, and active transportation projects associated with any other allowable project. If a city or county has a pavement condition index of 85 or higher then it could use the funds any transportation purpose. Deletes the proposed VLF increase and replaces it with a $35 "Road Access Charge". This is in addition to the vehicle registration fee increase of $100 on alternative fueled vehicles and $35 on all other vehicles. Transferring weight fee revenues current! used for bond debt to the Road Maintenance and Rehabilitation Account is deleted. The $35 Road Access Charge would be deposited into the Road Maintenance and Rehabilitation Account, and the weight fee revenue would continue to be used for debt payments in order to eliminate any general fund impact. 5% dedicated to the SLPP remains unchanged. The sunset date is deleted .
SBX 1 and SB 16 would dedicate 5% of the funds award an incentive program to encourage new local transportation sales tax programs- counties with an existing sales tax program are not eligible or these funds. The remaining funds are equally split between Caltrans maintenance projects and local street and road projects.
6
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SBX12
SBX 2 is part of the Senate Republican Caucuses
SENATE T. & I.D.
OPPOSE
SENATE PRINT
~UP PORT
SENATE PRINT
UP PORT
proposal to direct cap & trade auction revenue to Greenhouse Gas ransportation projects. It is estimated that this Reduction Fund. would direct $1.9 billion to transportation projects. (Huff R)
SBX 2 would direct all auction proceeds that are derived from including transportation fuels in the cap & trade program shall be appropriated by the Legislature for transportation infrastructure,
including public streets and highways, but not high speed raiL SBXl 7 (Allen D)
Identical to ABX 8, SBX 7 would replace the existing 1.75% diesel fuel sales tax that was
Diesel sales and
imposed as part of the gas tax swap with a 5.25% sales tax rate.
use tax.
Starting on July 1, 2016, SBX 7 would impose a sales tax on diesel fuel sales of 5.25%, and sunset he existing 1.75% sales tax rate imposed on diesel fuel sales. This revenue would be deposited into the Public Transportation Account and allocated to operators through the State ran sit Assistance formula. SBX18 (Hill D) Public transit: funding.
SBX 8 is identical to ABX 7. SBX 8 would the amount allocated to the low Carbon Transit Operations Program from 5% to 10%, and increase the amount allocated to the ransit & Intercity Rail Capital Program from 10% 0 20%.
Table z· Board Watch Positions Bills AB61 (Allen, Travis R)
Shuttle services: loading and unloading of passengers.
Status
Subject
AB 61 would allow a local government to permit VXSSEMBLY TRANS. we-Year Bill private shuttle bus services to use public transit stops if an agreement is reached between the public transit operator and the private shuttle operator.
Client - Position Watch
Assemblyman Allen introduced this bill in response to demonstrations in San Francisco over 7
115
he Google Buses, and other tech-buses; however, it is unclear if legislation is actually needed. Although the contents of AB 61 do not appear onerous or complicated, we recommend a wait and see approach, unless conditions in the East Bay dictate otherwise.
lo.B 1287 (Chiu D)
lAB 1287 deletes the sunset date on special SENATE FLOOR provisions that allow the City & County of San Vehicles: parking Francisco to install forward facing video cameras violations: on buses that are used to issue tickets for vehicles parked in bus only lanes. cameras SB 16 SB 16 is the Senate's proposed transportation SENATE FlOOR (Beall D) unding proposal, which would generate up to ransportation $3.6 billion annually over the next 5 years. The funding. unds would primarily be used to fund state highway and local and street and road maintenance needs. This funding plan would remain in place through the 2019-2020 fiscal ear, unless it is extended by the legislature.
WATCH
WATCH
New revenues would be generated by increasing he excise tax on gasoline (10 cents) and diesel uel (12 cents), a .35% increase in the Vehicles license Fee would be phased in, vehicle registration fees would increase by $35 and by $100 for alternatively fueled vehicles. In addition, SB 16 would phase out the use of truck weight ees for bond debt service, thus returning these unds to transportation uses.
SB 254 (Allen D) State highways: relinquishment.
SB 16 would dedicate 5% of the funds toward an incentive program to encourage new local ransportation sales tax programs- counties with an existing sales tax program are eligible for these unds. The remaining funds are split between Caltrans maintenance projects and local street and road projects. SB 254 was amended to include the legislature's ASSEMBLY TRANSP- ~atch we-Year Bill proposal to streamline the relinquishment process. Existing law requires legislative approval to relinquish any state highway segment to local control. SB 254 would streamline this process by authorizing the California Transportation Commission to relinquish portions of the state 8
116
highway system to a county or city without legislative action. Specifically, SB 254 would allow the CTC to relinquish any portion of the state highway once Caltrans has entered into an agreement with the recipient of the highway segment and has placed he highway in a "state of good repair."
58497 (Vidak R) Pupil ransportation: data.
B 497 would require the State Department of Education to collect specified data from each school district, charter school, county office of education, and regional occupation center that provides pupil transportation. This information would then be posted on the Department's website along with the statewide average cost per mile and cost per pupil.
VETOED
~atch
Governor Brown vetoed this bill because this same information can already be collected oluntary by the Department of Education. SBX16 (Runner R) Greenhouse Gas Redut:tiun Fund: ransportation expenditures.
SBX 6 makes two significant changes. First, it would delete the continuous appropriation of 25% of cap & trade funds to the High Speed Rail Authority.
EN ATE T. & I. D.
WATCH
Second, after the allocations are made to the low Carbon Transit Operations Program, Transit & Intercity Rail Program, and the Affordable Housing & Sustainable Communities Program, the remaining 65% would be continuously appropriated to the CTC. The CTC would allocate he funds to high-priority transportation projects with 40% to state highway projects, 40% to local street and road projects, and 20% to public ransit projects.
9
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Sll 15-215 Attachment 4
-AJ,fr/MNs/r 2015 Federal Advocac Program Funding •
FY 2014 Grant Opportunities- Secure federal funds for key capital projects and support funding for 2015 Project Priorities for: East Bay BRT Improvements within the Small Starts Program and other programs o AC Transit's Intelligent Transportation and Communication System upgrades o Bus lifting equipment program o Rehabilitation of aging facilities o Zero Emission Bus Programs o
•
Advocate for supplemental funding through the Federal Transit Administration to offset rising operating costs without jeopardizing total funding available for capital projects.
•
Support funding for the Transbay Terminal.
•
SupporUseek additional funding for lifeline services including , but not limited to services for access to work, school or medical facilities.
•
Support efforts to rescind the planned across-the-board cuts to all federal programs, called "Sequestration," as enacted under the Budget Control Act of 2011 .
Transportation Authorization Principles •
Support efforts to increase the gas tax or to increase other revenues to replenish and sustain long-term growth of the Highway Trust Fund/Mass Transit Account.
•
Support transportation authorization reform that emphasizes greater funding levels to urban mass transit systems, and oppose efforts to reduce spending on transit formula programs.
•
Support FTA and Congressional efforts to make State of Good Repa ir for transit bus systems a strategic priority.
•
Support broad funding eligibility for BRT projects in federal transit programs, including New Starts and Small Starts programs.
I'
I
Il 119
•
Seek revisions to the Metropolitan Planning Organization (MPO) grandfather clause that supports the direct representation of transit properties on local transportation policy boards.
•
Support legislation through MAP-21 for safety requirements based on agency size
Other Advocacy •
Advocate for transit-supportive legislation that mitigates global warming and/or calls for environmental stewardship and related funding.
•
Support funding and coordination between Health and Human Service (HHS) agencies and other transportation agencies to provide services to HHS clients.
•
Support modal parity in the commute tax benefits.
•
Support legislation that relieves the fiscal burden of mandatory regulations.
•
Support legislation that encourages Single Payer health insurance.
•
Advocate for American with Disabilities Act improvements
I'
_,
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SR 15-215 Attachment 5
2015 State Advocac Program Funding •
Support efforts to implement the Moving Ahead for Progress in the 21st Century Act (MAP-2 1) and future transportation authorizations that at least maintains funding level for mass transit projects and programs for bus operators in the Bay Area.
•
Support the development and implementation of an expenditure plan for AB 32 cap and trade revenue that provides an equitable investment in mass transit capital improvements, operations, and infill/transit oriented development.
•
Pursue and support funding for Zero Emission Bus Programs
•
Support efforts that create new sources of operating funds with equitable distribution to reflect urban transit needs.
•
Support efforts to sustain existing transit revenues.
•
Support efforts that would exempt public transit providers from state sales tax.
•
Support efforts to provide funding for lifeline services including , but not limited to, services for access to work, school or medical facilities .
•
Support local ability to increase fees and gas taxes to be used for local mass transit purposes.
•
Support legislation and programs that would provide funding to offset the costs of global warming initiatives, clean air and clean fuels and implementation of AC Transit's Climate Action Plan.
•
Support congestion pricing strategies and legislation that provide an equitable multimodal distribution of generated revenues.
•
Support legislative or administrative action to remove State barriers so that Medicaid transportation funds can be used for public transit services, including ADA paratransit services.
•
Support funding and coordination between Health and Human Service (HHS) agencies and other transportation agencies to provide services to HHS clients.
I'
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•
Support legislation and programs that would provide funding for employee benefits programs.
•
Support funding initiatives that relieve the fiscal burden of mandatory regulations.
Equipment and Operations
•
Support legislation or administrative action that would direct Caltrans to establish and maintain HOV lanes on state highway routes and to improve existing HOV lane management to maximize throughput.
•
Support incentives to provide bus contra flow lanes on the San Francisco-Oakland Bay Bridge to/from the Transbay Terminal.
•
Support legislation to exempt public transit vehicles from state and local truck route ordinances.
•
Support legislation or administrative action that would direct Caltrans to permit permanent use of freeway shoulders by public transit buses.
Transit Incentives
•
Support legislation to provide incentives for employees and employers to use public transportation to commute to work, including tax credits for purchasing transit passes.
•
Support Clean Air Initiatives that encourage increased public transit use.
•
Support incentives that would give auto insurance credits to heavy transit users.
•
Support legislation to provide incentives for local governments and developers to incorporate transit passes into the cost of housing.
Environment and Transit Supportive Land Use
•
Support efforts that provide a new form of tax increment financing that promotes economic investment through transit oriented development, and requires the approval of all affected taxing entities.
•
Advocate for transit-supportive legislation that addresses climate change, healthy communities and environments.
I'
'
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•
Foster transit supportive land use initiatives that require coordination with transit providers in the initial stages of local planning or project development that impacts transit, including density level decisions or transit oriented developments (TODs); and advocate for the required use of; Transit streets agreements, and o Complete streets plans in which local transportation plans anticipate use of all modes. o
•
Support legislation that requires reporting of Vehicle Miles Traveled (VMT) annually through DMV renewal.
Policy Interests •
Support simple majority vote for local transportation ballot tax initiatives.
•
Support legislation to allow District to ban persons for specified offenses from entering district property.
•
Seek revisions to the Metropolitan Planning Organization (MPO) grandfather clause that supports direct representation of transit properties on local transportation policy boards.
•
Support legislation for STA formula reform that includes federal operating funding as eligible revenue.
•
Support efforts that maintain existing Workers' Compensation regulation.
•
Consider efforts to reform tort general damages
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Report No: Meeting Date:
15- 194 September 16, 2015
Alameda-Contra Costa Transit District
STAFF REPORT TO :
External Affairs Committee AC Transit Board of Directors
FROM:
Kathleen Kelly, Interim General Manager
SUBJECT:
Amended Clipper® Memorandum of Understanding
ACTION ITEM RECOMMENDED ACTION(S):
Consider authorizing the Interim General Manager or her designee, to execute the Amended and Restated Clipper® Memorandum of Understanding (MOU) with the Metropolitan Transportation Commission (MTC) and Bay Area transit operators to clarify their respective roles and responsi bilities, estab lish a Clipper® Executive Board, authorize partial reimbursement of MTC's costs for an additional Clipper®·related staff position(s) supporting the 'C2' project, and revise the cost allocation formula to ensure the successful operation and maintenance of Clippe r®. EXECUTIVE SUMMARY:
MTC ente red into an MOU and Funding Agreements with various tran sit agencies In the Bay Area operating the Clipper® fare payment syst em . An amendme nt to the MOU and Funding Agreement is needed in order to rebalance costs more equitably, include all Clipper-related credit card fees, and fund an additional staff position(s) at MTC in support of t he successor 'C2' project to replace the current Clipper syst em. BUDGETARY/FISCAL IMPACT:
Cha nges to the Cost Allocation Formula wi ll result in an estimated additiona l cost of $304,806 over th e approximately $914,000 in annua l Clipper® operating costs for AC Transit t hrough the expiration of the Clipper® Contract in November 2019. These would take effect in two stages: roughly half the increase wo uld begin July 1, 2016 and the remainder on January 1, 2017. If approved by the Board of Directors, these additional expenses will be included in the FY20162017 operating budget.
BACKGROUND/RATIONALE:
Clippers is t he San Francisco Bay Area's automated tran sit fare paymen t system. It has been implement ed and is currently being operated on 20 transit systems. Its success relies upon the cooperative support of all participating agencies, incl uding MTC In its ro le as the contracting agency. The MTC entered into a contract (the "Clipper® Contract") with Cubic Transportation
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Report No. 15-194 Page 2 of 3 Systems, Inc. on behalf of regional transit agencies to implement, operate and maintain the Clipper® fare payment system through November 2, 2019. In November 2011, an MOU regarding Operations and Maintenance of Clipper® Fare Collection System was adopted by participating operators and MTC to delineate the responsibilities of MTC and the transit operators using Clipper®. The parties have examined the successes and challenges of the program to date and have identified certain areas in which existing arrangements should be modified or clarified. The changes include clarifying and defining roles and responsibilities, establishing a Clipper® Executive Board, authorizing partial reimbursement of MTC's costs for additional Clipper«>related staff position(s) directly supporting the 'C2' project, stating goals for the next generation system, and modifying the existing Cost Allocation Formula. Changes to the Cost Allocation Formula include: •
•
•
Adding into the pool of Clipper® expenses, BART and Santa Clara Valley Transportation Authority's credit card fees for Clipper®-related Add-Value Machine (AVM) transactions. These two agencies don 1t use Cubic's Clipper® credit card gateway, instead paying equivalent credit card transactional rates to other providers. These expenses would be added beginning July 1, 2016. Eliminating the current formula's double-counting of Bay Area Rapid Transit (BARTt Caltrain, Golden Gate Transit and Water Emergency Transportation Authority (WETA} tags to reflect only exit tags. Clipper® only processes one transaction per passenger trip regardless of whether one tag is required or two. This Cost Allocation Formula change would take effect January 1, 2017. Keep the current formula based on 1/3 revenue and 2/3 transactions but add a new allocation category for the roughly 30% of monthly Clipper® expenses that are fixed costs or those that are not associated with revenue or transit transaction fees. Allocation of these costs would be based on the number of unique cards used by each agency. This Cost Allocation Formula change would take effect January 1, 2017.
The proposed amendments have been reviewed and put forth after extensive discussion by an Executive Board composed of General Managers representing many of the transit agencies in the region, including AC Transit, BART, Golden Gate Transit, SF Muni, SamTrans/Caltrain, Santa Clara VTA, and Water Emergency Transportation Authority plus Central Contra Costa Transit Authority representing the smaller agencies. ADVANTAGES/DISADVANTAGES:
Not authorizing the Interim General Manager to execute the proposed amendment would delay its implementation regionally and hinder the advancement of the C2 project to replace Clipper®. ALTERNATIVES ANALYSIS:
A variety of governance models were considered including a Joint Powers Authority and a consortium. The monthly Clipper Executive Board meetings composed of regional General
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Report No. 15·194
Page 3 of 3 Managers (with delegated representation from the smaller agencies) was determined to provide adequate oversight, and continuing MTC as the lead contracting agency will benefit Clipper C2 procurements. Staff sees no alternative to amending Appendix B, Clipper® Cost and Revenue Allocation, as the
current formula unfairly penalizes several regional operators. Perpetuating this imbalance would undermine the cooperative nature of the Clipper® program and governance and put the program at risk.
PRIOR RELEVANT BOARD ACTIONS/POLICIES; Staff Report 15-081A, Clipper® Funding Agreement Amendment with Metropolitan
Transportation Commission ATTACHMENTS; 1: Amended and Restated Clipper® Memorandum of Understanding and Appendices
Executive Staff Approval:
Tom O'Neill, Chief Information Services Officer
Reviewed by:
Denise C. Standridge, General Counsel James Pachan, Interim Chief Financial Officer Tom O'Neill, Chief Information Services Officer
Prepared by:
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SR 15-194 Attachment 1 - DRAFT AMENDED AND RESTATED CLIPPER® MEMORANDUM OF UNDERSTANDING
This Amended and Restated Clipper® Memorandum of Understanding (this "MOU") is entered into as of the _ _ day of , 2015 (the "Effective Date"), by and among the Metropolitan
Transportation Commission ("MTC") and the following transit operators participating in the Clipper® program (referred to herein individually as an "Operator" or collectively as the ''Operators"): Alameda-Contra Costa Transit District ("AC Transit"); Golden Gate Bridge Highway and Transportation District (''GGBIITD"); the San Francisco Bay Area Rapid Transit District ("BART"); the City and County of San Francisco, acting by and through its Municipal Transportation Agency ("SFMTA"); the San Mateo County Transit District ("SamTrans"); the Santa Clara Valley Transportation Authority ("VTA"); the Peninsula Corridor Joint Powers Board ("Caltrain"); Central Contra Costa Transit Authority; City of Fairfield, as the operator of Fairt1eld and Suisun Transit; City of Petaluma; Eastern Contra Costa Transit Authority; Livermore/Amador Valley Transit Authority; Marin County Transit District; Napa County Transportation and Planning Agency; Solano County Transit; Sonoma County Transit; Sonoma-Marin Area Rail Transit; Vacaville City Coach; Western Contra Costa Transit Authority; San Francisco Bay Area Water Emergency Transportation Authority; City of Santa Rosa; and City of Union City; and any other transit operators that implement Clipper® and execute a Supplemental Agreement to the MOU. MTC and the Operators arc referred to herein collectively as the "Parties" or individually as a "Party".
Recitals
I.
Clipper® (fonnerly TransLink®) is an automated fare payment system for intra- and interOperator transit trips in the San Francisco Bay Area that has been implemented and is currently being operated on Operators' transit systems.
2.
MTC entered into a contract (the "Clipper® Contract") with Cubic Transportation Systems, Inc. (the "Clipper® Contractor"), to implement, operate and maintain the Clipper® fare payment system through November 2, 2019.
3.
On December 12,2003, MTC and six of the Operators entered into an interagency participation agreement (the "IPA'') to create a forum for joint agency decision-making (the "TransLink® Consortium") to work towards the successful implementation of the TransLink® automated fare payment system. The lPA was superseded and replaced by a Memorandum of Understanding Regarding Operations and Maintenance of Clipper® Fare Collection System dated November 10, 2011, by and among MTC and, initially, seven of the Operators (the "2011 MOU"). The 2011 MOU delineated, among other things, MTC's responsibilities, including as contracting agency, the Operators' responsibilities, a consultation process for amending the Clipper® Operating Rules, allocation of operating expenses among the Operators and MTC, and a dispute resolution process.
4.
The Parties have examined the successes and challenges of the program to date and have identified certain areas in which existing arrangements should be modified or clarified to maximize the benefits to the Parties and Ray Area transit customers of the continued expansion, modification, operation and maintenance of the CJipper® program.
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8/21/2015
5.
The Parties now wish to amend and restate the 2011 MOU in its entirety to clarify their respective roles and responsibilities, define roles and responsibilities for a newly-defined "Contracting Agency," establish a "Clipper® Executive Board," and establish a Clipper® Executive Director to ensure the successful operation and maintenance of Clipper®.
ARTICLE! Operator Responsibilities Each Operator agrees to:
A.
Implement and operate the Clipper® fare payment system in accordance with the Clipper® Operating Rules, as adopted and amended from time to time, consistent with the consultation and approval process set forth in Appendix A, Process for Amending Clipper® Operating Rules, attached hereto and incorporated herein by this reference. The Clipper® Operating Rules establish operating parameters and procedures for the consistent and efficient operation of Clipper® throughout the region. The current version of the Clipper Operating Rules® is available on MTC's website at http://www.mtc.ca.gov/planningltcip/.
B.
Pay its share of Clipper® costs, including costs of the salary of additional Clipper® staff necessary to support the Executive Board, according to Appendix B, Clipper® Cost and Revenue A1\ocation, attached hereto and incorporated herein by this reference. Changes to Appendix B require an amendment to the MOU in accordance with Article XI.A.
C.
Make its facilities and staff av1.1ilable for implementation and operation of Clipper®. Any Operator and the Contracting Agency may agree to an Operator-specific implementation plan, setting forth specific requirements regarding implementation and operation of Clipper® for such Operator.
D.
Make determinations regarding the placement of Clipper® equipment on the Operator's facilities and equipment; perform necessary site preparation; attend Clipper® Contractor training on the use of the Clipper® equipment; and provide training to employees using the equipment
E.
Reginning two years after the effective date of this Agreement, and every two years thereafter, participate in a review of the cost and revenue allocation formula in Appendix B, to support fairness among Operators and to accommodate changes in shared operation costs.
ARTICLE II MTC Responsibilities
MTC agrees to: A.
Fund a portion of the Clipper® operating and maintenance costs, including costs of the salary of additional Clipper® staff necessary to support the Executive Board, as set forth in Appendix B. Subject to availability of necessary funds, inclusion of projects in the Regional Transportation Plan and Transportation Improvement Program where necessary, and receipt of all necessary Commission approvals, budget appropriations and
2
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812!/2015 allocations, MTC will continue to fund capital and Contracting Agency operating costs in the manner that it has funded capital and Contracting Agency operating costs to date, through a dedicated allocation of federal, state and local funds, both discretionary and project designated. Recommended annual capital allocations will be identified in the work plan approved by the Executive Board. (See Article lY.C.4.) B.
Retain all books, papers, records, documents, and other materials pertaining to its responsibilities under Appendix B (the "Materials") in accordance with federal grant and audit requirements and generally accepted accounting principles and make the Materials available to Parties upon request through reasonable means and at reasonable time~. Parties may request that Materials be made available tOr the most recently closed fiscal year during the term of this MOU and for up to one year thereafter; provided, however, that nothing in this Article ll.B is intended to limit a Party's rights to obtain records under the California Public Records Act (Government Code Section 6250 et seq.).
C
Continue to serve as the Contracting Agency (described in Article Ill), and continue to provide adequate staffing to support the Clipper® program under the direction of the Clipper® Executive Director (described in Article V), until such time as the Executive Board designates, and MTC's Commission approves, the assignment of MTC's duties as Contracting Agency to another Party pursuant to Article IV.D.
D.
Employ the initial Clipper® Executive Director (described in Article V). MlC reserves the right to make decisions regarding hiring, promotion, termination, compensation, and removal of the initial Clipper® Executive Director. Selection of a successor Executive Director shall he in accordance with Article III.J.
E.
Continue to create and maintain all copyrights and other intellectual property necessary or convenient for the operation of the Clipper® fare payment system and provide any necessary licenses to usc such intellectual property to the Contracting Agency, if other thanMTC.
F.
Enter into supplemental agreements with new operator participants in accordance with Article VL
ARTICLE III Contracting Agency Responsibilities The Contracting Agency agrees to: A.
On behalf of the Parties, procure, award, manage and carry out the duties and responsibilities ofthe Clipper® program counterparty under all contracts necessary for the expansion, modification, modernization, operation, maintenance, marketing and customer service of the Clipper® fare payment system, including the Clipper® Contract and any successor contract and any contracts for associated professional services for the Clipper® program as a whole.
B.
Establish, manage and implement Clipper® Operating Rules in accordance with Appendix A.
C.
Provide regular updates (at least quarterly) on the Clipper® progmm to the Parties.
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Support the Parties with respect to Articles I.E and ll.A by providing system data affecting the cost allocation formula.
E.
Own specified Clipper® program capital equipment, as may be required by grant or funding agency rules and regulations, and transfer ownership, to the greatest extent permitted under such rules and regulations, to any successor Contracting Agency.
F.
Hold and manage the Clipper® bank accounts and act as an agency in trust for the benefit of the cardholders for funds deposited by the cardholders for the ultimate use on the services provided by the Operators, and for the benefit of the Operators for funds due to Operators until dispersed to such Operators.
G.
Conduct an annual contract compliance audit covering Clipper® program revenue collection and allocation and cost allocation responsibilities under the MOU and provide a copy of the complete audit report to all Parties upon conclusion of each such annual audit.
H.
Retain all books, papers, records, documents, and other materials pertaining to its responsibilities under Appendix B (the "Materials") in accordance with federal grant and audit requirements and generally accepted accounting principles and make the Materials available to Parties upon request through reasonable means and at reasonable times. Parties may request that Materials be made available for the most recently closed fiscal year during the term of this MOU and for up to one year thereafter; provided, however, that nothing in this Article ITI.H is intended to limit a Party's rights to obtain records under the California Public Records Act (Government Code Section 6250 et seq.).
I.
Serve as the Application Issuer and Card Issuer, as those terms are defined in the Clipper® Operating Rules.
J.
Engage the Clipper® Executive Director in accordance with Article V. The Contracting Agency reserves the right to make decisions regarding hiring, promotion, termination, compensation, and removal of the Clipper® Executive Director provided that it shall not engage the successor to the initial and successor Executive Directors without the concurrence of the Executive Board. The Contracting Agency shall collaborate with the Executive Board in considering potential candidates for Executive Director.
K.
Provide adequate staffing (including program and legal staff) to support the Clipper® program. The Contracting Agency reserves the right to make decisions regarding hiring, promotion, termination, compensation and removal of program staff.
L.
Provide necessary logistical and technological support to the Executive Board and any committees thereof, except as provided in Article IV.H.
ARTICLE IV Clipper® Executive Board A.
Role; Composition. The Parties agree that responsibility for the management of the current Clipper® program, as well as the strategic planning effort to procure and implement a future system on or before the termination of the current Clipper® Contract, shall reside with a Clipper® Executive Board ("Executive Board"). The Executive Board's responsibilities shall be executed in a manner consistent with the Operator, MTC
4
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8/21/2015 and Contracting Agency responsibilities set forth in Articles(, II and III, respectively. The Executive Board shall be comprised of nine members: one representative each ffom SFMTA, BART, Caltrain/SamTrans, AC Transit, VTA, GGBJITD and MTC, and two representatives who are selected to represent all other Operators (the "Small Operators") in the sole discretion ofthc Small Operators. Each representative shall be at the General
Manager or Senior Management leveL B.
Principles. The Executive Board shall adhere to the following principles:
I.
The Clipper® program shall continue as the primary electronic fare collection system for the Operators.
2.
Each member of the Executive Board commits to actively advance the continued successful operation, maintenance and growth of the Clipper® program on a cost effective, operationally efficient, and coordinated basis.
C.
3.
Promote efforts to reduce the overall cost of the Clipper® system, including operating costs, capital costs and consultant expense.
4.
Promote regional efforts to simplify fare structures while protecting revenue levels.
Duties. The Executive Board shall undertake the following duties: 1.
Meet in accordance with a regular meeting schedule established by the Executive Board, not less than quarterly.
2.
Establish goals for the Clipper® program, including targets to increase market penetration and cost containment initiatives. The Program Goals and Perfonnance Measures are attached as Appendix C, and may be amended by unanimous vote of the Executive Board from time to time.
3.
Propose for review by MTC, Operators and other funding sources (collectively, the "Funding Agencies") a biennial capital and operating budget for the Clipper® program. Revise and adopt the proposed budget in accordance with the Clipper® budgets adopted and/or allocations made by each of the Funding Agencies. The biennial budget will outline staffing requirements and resources needed to accomplish the work plan. The budget will define required funding, identify funding sources, and specifY the amount of individual agency contributions.
4.
Adopt a detailed biennial work plan to implement the established goals and budget.
5.
Designate the Contracting Agency, as further described in and subject to Article IV.D, and provide policy oversight, advice, and direction to the Contracting Agency.
6.
Evaluate the performance of the Clipper® Executive Director on at least an annual basis. The Board will develop goals and objectives jointly with the Clipper® Executive Director, which will form the basis for the annual evaluation.
7.
Review and authorize Significant Business Matters as described in Article !V.E.
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8/21/2015 8.
Establish such procedures as shall be necessary or desirable to facilitate compliance by the Executive Board with the Ralph M. Urown Act (Government Code Section 54950 et seq.) (the "Brown Act"') and other applicable laws.
D.
Designation of a Contracting Agency. The Executive Board shall designate one of the Parties to serve as the "Contracting Agency" with the responsibilities defined in Article III. MTC shall serve as the initial Contracting Agency. The Executive Board shall review the designation of the Contracting Agency not more often than once every three (3) years and may designate any of the Parties as a new Contracting Agency no later than one year prior to the proposed assignment date, which designation may be subject to the approval of the governing board of the proposed new Contracting Agency. In the event of a new designation, the then-current Contracting Agency shall seek approval from its governing board to assign all outstanding contracts, funding agreements, licenses, and accounts to the newly designated Contracting Agency and, if it receives approval from its governing board for such assignment, take such other actions as may be necessary or convenient to effect the transition of the Contracting Agency role. In the event of a change from the role of MTC as the Contracting Agency, the Executive Board will work with MTC and the successor Contracting Agency to protect or minimize loss or degradation of jobs for Clipper® support staff at MTC.
E.
Significant Business Matters. The Executive Board shall decide all Significant Business Matters by a majority vote. "Significant Business Matter" shall mean any matter that can reasonably be expected to have a substantial financial impact (defined as an impact of $250,000 or more) or a substantial operating impact (defined as causing operations to fall below then-current annual operational goals) on Clipper® or any of the Parties. Significant Business Matters, include, but arc not limited to the following:
1.
Approval of Clipper® Contract Change Orders that exceed the maximum authority levels established by the Contracting Agency's procurement rules for its chief executive officer, or $250,000, whichever is less, or that are not funded in the biennial budget. Contracting Agency governing board approval may also be required.
2.
Amendments to the Clipper® operating rules, pursuant to Appendix A.·
3.
Acceptance of new Parties to the Clipper® program. The Executive Board delegates to MTC the authority to sign supplemental agreements with new Parties accepted into the program, as provided in At1icle VI.
4.
Implementation of new business ventures or opportunities for the Clipper® program.
5.
Contract awards for contract amounts that exceed the maximum authority levels established by the then-current Contracting Agency's procurement rules for iL<; chief executive officer, or $250.000, whichever is less. Contracting Agency governing board approval may also be required.
6.
Assignment of the Clipper® Contract. Contracting Agency approval shall also be required.
7.
Approval of expenses (administrative, operating and legal) incurred by the Contracting Agency if in excess of or not contemplated by the current approved budget. 6
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8/21/2015 8.
9.
Approval of the Clipper® 2.0 rollout strategy.
Decision whether any other matter, not expressly included or excluded as a Significant Business Matter in this list, is a Significant Business Matter in accordance with the definition above.
The foregoing definition of"Signilicant Business Matters" may be amended by unanimous vote of the Executive Board from time to time. F.
Quorum. Five members of the Executive Board constitute a quorum. In the absence of a
quorum, a smaller number of Executive Board members may secure the attendance of absent members by video conference, teleconference or other means compliant with the Brown Act to establish a quorum. Only eligible voting members shaH be counted to establish a quorum. G.
Voting. Each member of the Executive Board shall have one vote. A vote of a majority of the Executive Uoard is required for approval. Executive Board members may not abstain from voting on any matter before the Executive Board, except in cases of conflicts of interest.
H.
Board Chair· Committees. The Executive Board shall annually elect a Chair and Vice Chair from its members. The Chair shall provide administrative staff support to the Executive Board, as needed as determined by the Chair and the Clipper® Executive Director. The Chair may appoint advisory committees or working groups for specified projects of limited duration. The Executive Board may establish standing committees from time to time.
I.
Delegates. Executive Board members may appoint, in writing, delegates to vote on their behalf in the event of a member's absence from any Executive Board meeting, for up to two (2) meetings per calendar year. No voting rights arc accorded to alternates, nor do alternates count toward a quorum of the Executive Board, when alternates are representing an Executive Board member lOr meetings after two (2) missed meetings in a calendar year.
ARTICLE V Clipper® Executive Director The Clipper® Executive Director shall be responsible for regional coordination of the Clipper® program among the Parties, oversight of consultants and contractors retained fbr. the design, operation and maintenance ofthc Clipper® program, and effectuation of the goals and work plan adopted by the Executive Board in accordance with the budget Clipper® program support staff engaged by the Contracting Agency shall report to the Clipper® Executive Director. The Clipper® Executive Director shall be selected and appointed by the Contracting Agency following consultation with the Executive Board to factor in any Executive Board concems. The Contracting Agency will directly engage the Clipper® Executive Director as its employee or independent contractor in accordance with any civil service or procurement rules applicable to the Contracting Agency. The initial Clipper® Executive Director shall be Carol Kuester and shall be an employee ofMTC.
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ARTICLE VI New Operator Participants Any Bay Area transit operator not a Party to this Agreement must be approved by the Executive Board and agree to the tenns of the MOU then in effect as a condition of implementing Clipper®, by entering into a supplemental agreement to this MOU accepting the then-current terms of this MOU. Signature by the other Parties to the MOU is not required. MTC shall not enter into a supplemental agreement with a particular operator prior to the issuance of a Change Notice to the Clipper® Contract covering all or a p01tion of the work required to accept such operator into the system. MTC shall provide the other Parties to the MOU with written notice of each supplemental agreement
ARTICLE VII Indemnification A.
Mutual Indemnification. No Party to this MOU (including any of its directors, commissioners, officers, agents or employees) shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by any other Party under or in connection with this Agreement. Pursuant to Government Code Section 895.4, each Party agrees to fully indemnify and hold other Parties hannless from any liability imposed JOr injury (as defined by Government Code Section 81 0.8) occuning by reason of anything done or omitted to be done by such indemnifying Party under or in connection with this Agreement and for which such indemnifYing Party would otherwise be liable.
B.
Contracting Agency Indemnification of Other Parties. Notwithstanding the provisions of Subsection A above, the Contracting Agency shall indemnify, hold hannlcss, and defend the other Parties from any and all claims or liability resulting from any action or inaction on the part of Contracting Agency relating to the Clipper® Contract or from its failure to carry out its responsibilities under Article lil of this MOU. With respect only to MTC as Contracting Agency, this indemnification covers action or inaction on the part ofMTC relating to the Clipper® Contract prior to the Effective Date of this MOU. Except as stated in the previous sentence, this indemnification only covers action or inaction on the part of a Contracting Agency while it serves as Contracting Agency under this MOU.
C.
Other Parties' Indemnification of Contracting Agency. Notwithstanding the provisions of Subsection A above, each Party hereto that is not the Contracting Agency shall indemnify, hold harmless, and defend the Contracting Agency from any and all claims or liability resulting from any action or inaction on the part of such Party relating to its responsibilities under Article I or II, as applicable, of this MOU.
D.
Operator Indemnification ofMTC. Notwithstanding the provisions of Subsection A above, each Operator shall indemnify, hold harmless, and defend MTC from any and all claims or liability resulting from any action or inaction on the part of such Operator relating to its responsibilities under Article I of this MOU.
E.
MTC Indemnification of Operators. Notwithstanding the provisions of Subsection A above, MTC shall indemnify, hold harmless, and defend each Operator from any and all daims or liability resulting from any action or inaction on the part ofMTC relating to its responsibilities under Article II of this MOU.
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8/21/2015 ARTICLE VIII Term
The term of the MOU shall begin upon the Effective Date and continue through June 30.2025, unless terminated by written agreement of the Parties.
ARTICLE IX Dispute Resolution The Parties agree to abide by the dispute resolution procedures in Appendix D, Dispute Resolution, attached hereto and incorporated herein by this reference to resolve disputes between or among Parties to the MOU. To invoke the dispute resolution process, two Executive Board members must request it.
ARTICLE X Changed Circumstances
Any Party may initiate infOrmal discussions among the Parties concerning the provisions of this MOU, based on its assessment that changes in technology or other factors external to the MOU or the Clipper® Contract indicate that it would be in the best interests of one or more Parties to consider revisions to the MOU. Ira majority ofPmties agree, the Parties will then jointly evaluate the changed circumstances to determine what, if any, revisions to the MOU are necessary or desirable. Any agreed-upon changes shall require an amendment to the MOU approved and executed by all Parties.
ARTICLE XI General Provisions
A.
The entire Agreement between and among the Parties is contained herein, and no change in or modification, termination or discharge of this MOU shall be valid or enfOrceable unless it is approved by the Parties and made in writing and signed by the Parties.
il.
lleadings in this MOU are for convenience only and not intended to define, interpret or limit the terms and conditions herein.
C.
This MOU may be executed in one or more counterparts, each of which shall be considered an original and all of which shall constitute a single instrument.
D.
This MOU is intended for the sole benefit of the Parties and is not intended to nor shall be construed to confer any benefit or create any right in any tl1ird party.
E.
Appendix E, Special Provisions for the City and County of San Francisco, attached hereto and incorporated herein by this reference, sets forth the tenns and conditions required by the City and County of San Francisco in any expenditure contracts entered into by the City.
F.
If any provision of this MOU or the application thereof to any person, entity or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this MOLJ. or the application ofsueh provision to persons, entities or circumstances, other 9
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than those as to which it is invalid or unenforceable, shall not be affected thereby, and each other provision of this MOU shall be valid and be enforceable to the fullest extent permitted by law. G.
Notices provided under the MOU shall be provided to the individuals listed in Appendix F, Notices, attached hereto and incorporated herein by this reference. Each Party to the .YlOU is responsible for notifying other Parties of a change in the individual designated to receive notices in writing. Changes to Appendix F may be made by any Party without an amendment to this MOU. MTC will distribute to every other Party the notice infonnation of new Parties to the MOU added pursuant to Article VI.
H.
This MOU supersedes and replaces the Memorandum of Understanding Regarding Operations and Maintenance of Clipper Fare Collection System dated November 10, 2011, as amended, in its entirety.
I.
Ry its execution of this MOU, each Party (i) acknowledges that, although the City of Rio Vista executed a Supplemental Agreement to the 2011 MOU, it subsequently declined to have Clipper® implemented on its bus system, (ii) waives the requirement for 240 days' advance notice to it of the City of Rio Vista's withdrawal from the 2011 MOU,
IN WITNESS WHEREOF, this MOU has been duly authorized and executed by the Parties hereto on the dates specified below by their duly authorized representatives.
Metropolitan Transportation Commission
Approved as to form:
Steve Heminger, Executive Director
Adrienne Wei!, General Counsel
Date: _ _ _ _ _ _ _ _ _ _ _ _ __
Alameda-Contra Costa Transit District
Approved as to fonn:
Name: _ _ _ _ _ _ _ _ _ _ _ _ __ Title: _ _ _ _ _ _ _ _ _ _ _ _ __
Denise C. Standridge, General Counsel
Date: _ _ _ _ _ _ _ _ _ _ _ _ __
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Approved as to form:
Name: _ _ _ _ _ _ _ _ _ _ _ __
_ _ _ _ _ _ _ _ _ _ ,General Counsel
Title: _ _ _ _ _ _ _ _ _ _ _ _ __
Date:. _ _ _ _ _ _ _ _ _ _ _ _ _ __
San Francisco Bay Area Rapid Transit District
Approved as to form:
Name: _ _ _ _ _ _ _ _ _ _ _ __
Matthew Burrows, General Counsel
Title: _ _ _ _ _ _ _ _ _ _ _ _ __
Date: _ _ _ _ _ _ _ _ _ _ _ _ _ __
City and County of San Francisco Municipal Transportation Agency
Approved as to form: Dennis J. Herrera, City Attorney
Name: Edward 0, Rei skin Title: Director of Transportation
Name: Robin M. Reitzes Title: Deputy City Attorney
Date: _ _ _ _ _ _ _ _ _ _ _ _ __ Municipal Transportation Agency Board of Directors Resolution No. _ _ _ _ _ _ _ _ _ _ _ __
Dated: _ _ _ _ _ _ _ _ _ _ _ __
Secretary, SFMTAB
San Mateo County Transit District
Approved as to form:
Name: Jim Hartnett Title: General Manager/CEO
Joan L. Cassman, General Counsel
Date: _ _ _ _ _ _ _ _ _ _ _ _ __
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8/21/2015 Santa Clara Valley Transportation Authority
Approved as to form:
Name: _ _ _ _ _ _ _ _ _ _ _ __ Title: _ _ _ _ _ _ _ _ _ _ _ __
___________ ,General Counsel
Date: _ _ _ _ _ _ _ _ _ _ _ _ __
Peninsula Corridor Joint Powers Board
Approved as to form:
Name: Jim Hartnett Title: Executive Director
Joan L. Cassman, General Counsel
Date: _ _ _ _ _ _ _ _ _ _ _ _ __
Central Contra Costa Transit Authority
Approved as to form:
Name: _ _ _ _ _ _ _ _ _ _ _ _ __ Title: _ _ _ _ _ _ _ _ _ _ _ _ _ __
Madeline Chun, General Counsel
Date: _ _ _ _ _ _ _ _ _ _ _ _ __
City of Fairfield Fairfield and Suisun Transit
Approved as to form:
Name: _ _ _ _ _ _ _ _ _ _ __ Title: _ _ _ _ _ _ _ _ _ _ _ _ __
- - - - - - - - - - • • General Counsel
Date:. _ _ _ _ _ _ _ _ _ _ _ _ __
City of Petaluma
Approved as to fonn:
Name: _ _ _ _ _ _ _ _ _ _ _ _ __ Title: _ _ _ _ _ _ _ _ _ _ _ _ __
-----------'General Counsel
Date: _ _ _ _ _ _ _ _ _ _ _ _ _ __
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Eastern Contra Costa Transit Authority
Approved as to form:
Name: _ _ _ _ _ _ _ _ _ _ _ _ __
-----------''General Counsel
Title: _ _ _ _ _ _ _ _ _ _ _ _ __ Date:. _ _ _ _ _ _ _ _ _ _ _ _ __
J,ivermore/Amador Valley Transit Authority
Approved as to form:
Name: _ _ _ _ _ _ _ _ _ _ _ _ __
~ichael
N. Conneran, General Counsel
Title: _ _ _ _ _ _ _ _ _ _ _ _ __ Date: _ _ _ _ _ _ _ _ _ _ _ _ __ Marin County Transit District
Approved as to form:
Name: _ _ _ _ _ _ _ _ _ _ _ __
_ _ _ _ _ _ _ _ _ _ _ ,General Counsel
Title: _ _ _ _ _ _ _ _ _ _ _ _ __ Date: _ _ _ _ _ _ _ _ _ _ _ _ __
Napa County Transportation and Planning Agency
Approved as to form:
Name: Title: _ _ _ _ _ _ _ _ _ _ _ _ __
, General Counsel
Date: _ _ _ _ _ _ _ _ _ _ _ _ __
Solano County Transit
Approved as to fonn:
Name: _ _ _ _ _ _ _ _ _ _ _ _ __ Title: _ _ _ _ _ _ _ _ _ _ _ _ __
_ _ _ _ _ _ _ _ _ _ , General Counsel
Date: _ _ _ _ _ _ _ _ _ _ _ _ __
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Sonoma County Transit
Approved as to form:
Name:. ________________
_ _ _ _ _ _ _ _ _ _ ,General Counsel
Title: _ _ _ _ _ _ _ _ _ _ _ __ Date; _ _ _ _ _ _ _ _ _ _ _ __
Sonoma-Marin Area Rail Transit District
Approved as to form:
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
-----------'General Counsel
Title: _ _ _ _ _ _ _ _ _ _ _ _ __ Date: _ _ _ _ _ _ _ _ _ _ _ _ __
Vacaville City Coach
Approved as to fonn:
Name: _ _ _ _ _ _ _ _ _ _ _ __ Title: _ _ _ _ _ _ _ _ _ _ _ __
-----------'General Counsel
Date: _ _ _ _ _ _ _ _ _ _ _ _ __
Western Contra Costa Transit Authority
Approved as to form:
Name: _ _ _ _ _ _ _ _ _ _ _ _ __ Title: _ _ _ _ _ _ _ _ _ _ _ __
___________ , General Counsel
Date:. _ _ _ _ _ _ _ _ _ _ _ _ __
San Francisco Bay Area Water Emergency Transportation Authority
Approved as to form:
Name: _ _ _ _ _ _ _ _ _ _ _ __ Title: _ _ _ _ _ _ _ _ _ _ _ _ __
Stanley S. Taylor Ill, General Counsel
Date: _ _ _ _ _ _ _ _ _ _ _ _ __
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8/21/2015 City of Santa Rosa
Approved as to fotm:
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
_ _ _ _ _ _ _ _ _ _ _ ,General Counsel
Title: _ _ _ _ _ _ _ _ _ _ _ _ __
Date: _ _ _ _ _ _ _ _ _ _ _ _ __ City of Union City
Approved as to form:
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ __ Title: _ _ _ _ _ _ _ _ _ _ _ _ __
- - - - - - - - - - - ' G e n e r a l Counsel
Date: _ _ _ _ _ _ _ _ _ _ _ _ __
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8/21/2015 LIST OF APPENDICES
Appendix A
Process for Amending Clipper® Operating Rules
Appendix 8
Clipper® Cost and Revenue Allocation, comprised of: Appendix B-1
Effective upon execution of Amended and Restated MOU through June 30,2016
Appendix B-2 Effective July 1, 2016 through December 31, 2016
Appendix H-3
Effective January 1, 2017
Appendix C
Program Goals and Perfonnance Measures
Appendix D
Dispute Resolution
Appendix E
Special Provisions for the City and County of San Francisco
Appendix F
Notices
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Process for Amending Clipper® Operating Rules
I. The Contracting Agency shall provide written notice to the other Parties at least ninety (90) days in advance of making any changes to the Operating Rules affecting Operator Roles and Responsibilities (Section 3 of the Clippet® Operating Rules). Notice shall be provided by email to the contact named in Appendix F, or as subsequently revised or updated by the Parties, as provided in Article XI. G. 2. The Contracting Agency shall provide additional notice to the other Parties on possible changes to the Operating Rules affecting Operator Roles and Responsibilities in the regular Clipper® program reports furnished under Article III. C. 3.
The Contracting Agency's notices shall include enough information to enable the other Parties to detennine the financial and other impacts of the proposed change.
4. If requested by any Party within 30 days of issuance of such notice, the Contracting Agency will consult with all affected Parties concerning the proposed change prior to its adoption. 5. Any Party that requires additional time in excess of the notice period specified by the Contracting Agency to implement a change may notify the Contracting Agency of the additional period of time required during the initial30-day notice period. The Contracting Agency will then work with the Party(ies) during the consultation period to modify the effective date and/or content of the Operating Rules change, as necessary. 6. Following such consultation process, if any Party(ies) objects to the propo1>ed change, as modified during the consultation process, such Party(ies) may initiate one or more of the dispute resolution processes described in Appendix D. 7.
The Contracting Agency shall delay the implementation of the disputed change until the conclusion of the dispute resolution process.
8. All proposed changes to the Operating Rules shall be presented for approval to the Executive Board. The Contracting Agency agrees that it shall not implement changes to the Operating Rules that have not been approved by the Executive Board. 9. Upon MTC's approval of this MOU, MTC Commission approval of changes to the Operating Rules will no longer be required.
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Appendix H-1 Clipper® Cost and Revenue Allocation Effective upon execution of Amended and Restated MOU through .June 30,2016
1.
Cost Allocation Among Operators
The allocation of Clipper® operating costs to each Operator shall be based on a combination of revenue collected and the number of fee payment transactions processed. "Revenue collected" shaH mean the fcc collected on behalf of each Operator by the Clippcroc clearinghouse (e.g., the price charged to ride on the Operator's transit system, the value of pass sales, the amount of parking fees paid). A "fee payment transaction" shall mean any activity in which a Clipper® card is used to receive service on or from an Operator's system (e.g., to ride on the Operator's transit system, to park on the Operator's property). A fcc payment transaction shall be attributed to the Operator on whose system the service was provided, except that a transaction in which a patron uses a Muni monthly pass to ride BART will be attributed to SfMTA. All fee payment transactions are included for purposes of allocating Clipper® operating costs, regardless of whether the transaction results in a reduction of the amount of stored value or stored rides on a Clipper00 card (e.g., use of a monthly pass on a transit system, intra-operator transfers, entry and exit transactions for a single ride where both transactions arc required to compute the appropriate fare payment).
One-third ( 1/3) of Clipper00 operating cost.;; shall be allocated to Operators based on each Operator's share of total revenue collected by the Clipper® clearinghouse, as defined above. Two-thirds (2/3) of Clipper® operating costs shall be allocated to Operators based on each Operator's share of total fee payment transactions processed by the Clipper00 clearinghouse, as delined above. In addition to the Clipper® operating costs allocated in accordance with Section 2.B(i) herein, each Operator shall be responsible for payment of: a.
Clipper00 Data Server (CDS) Store operating costs specified below for any CDS Store implemented on such Operator's site;
b.
Credit/debit interchange fees charged through an Operator-specific credit/debit gateway associated with Clippcr00 sales through add value machines, ticket office terminal devices and ticket vending machines. This responsibility is subject to review pursuant to Article I.E of the MOU to ensure that no single Operator is unfairly burdened by such fees; and
c.
Incremental Clippcr00 operating costs established by and/or resulting from ClippcrQ\: Contract change orders requested and funded by an Operator for such Operator's use and benefit shall be the responsibility of such Operator. This
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applies to costs or portions of costs that would otherwise be MTC's responsibility as described in Section 2.A herein.
2.
Clipper® Costs
A.
MTC Operating and Maintenance Costs. MTC shall pay the following Clipper® operating costs: 1.
All fixed operating costs of the Clippcroc clearinghouse and equipment maintenance services costs as specified in the Clipper® Contract's Price Schedule (Attachment 2 to the Clipper® Contract) (the "Price Schedule"), including:
a. b. c. d. e. f. g. h.
Item 3.20 Program Management- Operations and Maintenance Item 3.30 Clipper® Testbed Operations & Maintenance Item 5.31 Operator Help Desk Item 5.32 Reporting Item 5.3 3 Asset Management Item 6.0 Equipment Maintenance Services Item l0.2l(a) Location Acquisition Item 10.22 Location Servicing and Support Item 10.23 (a) Acquisition Payment for Third Party Location Item 12.0 Network Management Item 13.22 Basic Monthly Operations and Admin
1.
J. k. 11.
Variable Clipper® operating costs as specified in the Price Schedule (Attachment 2 to the Clipper® Contract), specifically: Item 7.10-2 Senior and Youth Card Mail-In Applications Item 8.1 O(a-g) Card Distribution Services Item 8.11 Card Distribution Services Item 8.12 Card Distribution Services Item 8.20 Cardholder Education Item 8.31 J.ocation Acquisition for Completion of Distribution Network Item 8.32 I .ocation Acquisition for Completion of Distribution Network Item 8.41 Pass Through of Amounts Paid for Installation of Phone Lines Item 9.41 Fixed and Incremental Fees Per Active Card Account (50% of the invoiced amount) Item 9.5 Service Level Standard Incentives and Abatements Item 13.100 Mobile Website Operations and Maintenance
a. b. c. d. e. f. g. h. 1.
J. k. m.
B.
All other lump sum and capital expense items specified in the Price Schedule not enumerated above or covered by Section 2.B. Operator Operating Costs. i. Operators shall pay the following listed Clipper® operating costs in accordance with the cost sharing formula in Section 1, reduced by any amounts payable by MTC pursuant to Section 2.A. References to Item numbers refer to the corresponding prices payable to the Clipper1<1 Contractor under the Price Schedule, which arc subject to annual price adjustment as specified in Article 13.6 of the Clipperoc Contract: a.
Item 9.24 Balance Protection Services Registration
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b. c.
d. e. f. g. h. i.
J k. I.
m. n. 0.
p. q.
n.
Item 9.25 Lock/unlock Clipper® Application Item 9.41 Fixed and Incremental Fees Per Active Card Account (50% of the invoiced amount) • Item 10.11 C!Jpper E-purse Load Item 10.12 Pass/Stored Ride Load Item 10.24 Employer Program Commission Item 11.0 Autoload Services Item 13.22.45 Supplemental Monthly Operations and Admin Item 13.31 Clipper® Transaction Fee Item 13.60 Incremental Gateway Fees Item 13.70 Incremental Debit Card Interchange Fees Item 13.80 Incremental Credit Card Interchange Fees Item 13.90 Pass Through Website Credit Card Processing Fees Reimbursement of Contracting Agencx bank fees and direct bank charges in connection with the Clipper® bank account(s) in excess of the amounts reimbursed under Section 3 .A below Direct payment or reimbursement of Contracting Agency costs for network communication. Direct payment or reimbursement of Contracting Agency costs fOr materials necessary for additional printing, e.g. secondary printing or personalization, on Clipperoc cards Reimbursement of Contracting Agency costs for a portion of salary and benefits of any additional staffing as approved by the Executive Hoard to support the Clipper® program.
•
Changes or Additions to Operator Operdting Costs Items. Except as reserved for Executive Board approval in Section 2.B(i)(q), substantive changes or additions to the Operator-paid operating cost items set forth in Section 2.B(i) require an amendment to this Appendix Band approval of all Parties to the MOU as of the date of the change or addition.
C.
Contracting Agency shall invoice each Operator on a monthly basis for its share oft he operating costs. The Operators shall pay Contracting Agency within fifteen (15) calendar days of receipt of such invoice.
3.
Revenue Allocation
Revenues generated by Clipper~ during any period of time, including interest earnings on funds held by the clearinghouse and excluding fare revenues or parking fees collected on behalf of and distributed to Operators, shall be utilized as follows: A.
To offset Contracting A~cncy's bank fees and direct bank charges related to the managing of the Clipper accounts;
B.
After deduction ofContractin~ Agency's bank fees and charges under Section 3.A, to reduce the Operators' Clipper operating costs listed in Section 2.I3(i); and
C.
Aller payment of Operators' Clipper® operating costs listed in Section 2.D(i), to be allocated to Operators using the fonnula specified in Section 1.
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Notwithstanding the above, fees charged cardholders for card acquisition, card replacement, balance restoration, failed Autoload funding recovery, card refund processing, and other cardrelated activities shall be reserved to pay for future card procurements; provided, however, that surcharges on limited use cards or other fare media imposed by an Operator to pay for the acquisition, implementation, administration and replacement of such fare media shall be distributed to and retained by such Operator. (For clarity, any surcharge imposed by an Operator as part of its fare structure shall be considered "J3.re revenue" and shall be distributed to and retained by such Operator.)
4.
Review
The Parties acknowledge that this Appendix I3 is based upon and specific to the payment terms of the existing Clipper® Contract which has a tenn through November 2, 2019. Therefore, the Parties agree to commence timely, good-faith negotiations to implement revisions to this Appendix B necessitated by any .Executive Board approval of (a) any extension of the existing Clipper contract or (b) any contracts that succeed or replace the existing Clipper contract, whether in whole or in part.
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Appendix H-2 Clipper® Cost and Revenue Allocation Effective .July 1, 2016 through December 31,2016
1.
Cost AHocation Among Operators
The allocation of Clipper® operating costs to each Operator shall be based on a combination of revenue collected and the number of fee payment transactions processed. "Revenue collected" shall mean the fcc collected on behalf of each Operator by the Clipper® clearinghouse (e.g., the price charged to ride on the Operator's transit system, the value of pass sales, the amount of parking fees paid). A "fee payment transaction" shall mean any activity in which a Clipper® card is used to receive service on or from an Operator's system (e.g., to ride on the Operator's transit system, to park on the Operator's property). A fcc payment transaction shall be attributed to the Operator on whoS'e system the service was provided, except that a transaction in which a patron uses a Muni monthly pasS' to ride BART will be attributed to SFMTA. All fee payment transactions are included for purposes of allocating Clipper00 operating costs, regardless of whether the transaction results in a reduction of the amount of stored value or stored rides on a Clipper® card (e.g., usc of a monthly pass on a transit system, intra-operator transfers, entry and exit transactions for a single ride where both transactions arc required to compute the appropriate fare payment). One-third (1/3) of Clipper® operating costs shall be allocated to Operators based on each Operator's share of total revenue collected by the Clipper® clearinghouse, as defined above. Two-thirds (2/3) of Clipper® operating costs shall be allocated to Operators based on each Operator's share of total fee payment transactions processed by the Clipper® clearinghouse, as defined above. In addition to the Clipper00 operating costs allocated in accordance with Section 2.B(i) herein, each Operator shall be responsible for payment of: a.
Clipper® Data Server (CDS) Store operating costs specified below for any CDS Store implemented on such Operator's site;
b.
Credit/debit interchange fees charged through ticket office terminal devices using an Operator specific credit/debit gateway. This responsibility is subject to review pursuant to Article I.E of the MOU to ensure that no single Operator is unfairly burdened by such fees; and
c.
Incremental Clipper® operating costs established by and/or resulting from Clipper® Contract change orders requested and funded by an Operator for such Operator's usc and benefit shall be the responsibility of such Operator. This applies to costs or portions of costs that would otherwise be MTC's responsibility as described below.
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2. A.
Clipper® Costs MTC Operating and Maintenance Costs. MTC shall pay the following Clipper® operating
costs: 1.
All fixed operating costs of the Clipper® clearinghouse and equipment maintenance services costs as specified in the Clipper® Contract's Price Schedule (Attachment 2 to the Clipper® Contract) (the "Price Schedule"), including: a. b. c. d. e. f. g. h. i.
J· k. ii.
Variable Clipper® operating costs as specified in the Price Schedule (Attachment 2 to the Clipper® Contract), specifically: a. b. c. d. e.
f. g. h. i.
J. k. iii.
B.
Item 3.20 Program Management- Operations and Maintenance Item 3.30 Clipper® Testbed Operations & Maintenance Item 5.31 Operator Help Desk Item 5.32 Reporting Item 5.33 Asset Management Item 6.0 Equipment Maintenance Services Item 10.21(a) Location Acquisition Item I0.22 Location Servicing and Support Item l 0.23 (a) Acquisition Payment for Third Party Location Item 12.0 Network Management Item 13.22 Basic Monthly Operations and Admin
Item 7.10-2 Senior and Youth Card Mail-In Applications Item 8.1 O(a-g) Card Distribution Services Item 8.11 Card Distribution Services Item 8.12 Card Distribution Services Item 8.20 Cardholder Education Item 8.31 Location Acquisition for Completion of Distribution Network Item 8.32 Location Acquisition for Completion of Distribution Network Item 8.41 Pass Through of Amounts Paid for Installation of Phone Lines Item 9.41 Fixed and Incremental Fees Per Active Card Account (50%. of the invoiced amount) Item 9.5 Service Level Standard Incentives and Abatements Item 13.100 Mobile Website Operations and Maintenance
AU other lump sum and capital expense items specified in the Price Schedule not enumerated above or covered by Section 2.8.
Operator Operating Costs. i. Operators shall pay the following listed Clipper® operating costs in accordance with the cost sharing formula in Section t, reduced by any amounts payable by MTC pursuant to Section 2.A. References to Item numbers refer to the corresponding prices payable to the Clipper® Contractor under the Price Schedule, which arc subject to annual price adjustment as specified in Article 13.6 of the Clipper® Contract: a. b.
Item 9.24 Balance Protection Services Registration Item 9.25 Lock/unlock Clipper® Application
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c.
Item 9.41 Fixed and Incremental Fees Per Active Card Account (50% of
d.
the invoiced amount) Item 10.11 Clipper® E-purse Load
e. f.
Item 10.12 Pass/Stored Ride I.oad
g.
Item 11.0 Autoload Services
h. 1.
j. k. I. m.
n. o. p. q. r.
s.
H.
Item 10.24 Employer Program Commission Item 13.22.45 Supplemental Monthly Operations and Admin
Item 13.31 Clipper·ll Transaction Fee Item 13.60 Incremental Gateway Fees Item 13.70 Incremental Debit Card Interchange F ccs Item 13.80 Incremental Credit Card Interchange Fees ltem 13.90 Pass Through Website Credit Card Processing Fees Reimbursement of Contractin~Agcncy bank fees and direct bank charges in connection with the Clipper bank account(s) in excess of the amount<> reimbursed under Section 3.A below Direct payment or reimbursement of Contracting Agency costs for network communication. Direct payment or reimbursement of Contracting Agency costs !Or materials necessary for additional printing, e.g. secondary printing or personalization, on Clipperoc cards Reimbursement of Contracting Agency costs for a portion of salary and benefits of staffing to support the Clipper program as approved by the Executive Board. Reimbursement of Contracting Agency costs for a portion of (at least fifty percent) of the salary and benefits of the Clipper Executive Director as approved by the Executive Board. Reimbursement of Operator costs for credit/debit interchange fees charged through an Opcrator·spccifie gateway associated with Clipper® sales through add value and ticket vending machines, as long as the total average fees do not substantially exceed the average Clipper fees. Reimbursement procedures arc subject to the adoption by the Clipper® Executive Board at least 90 days in advance.
Changes or Additions to Operator Operdting Costs Items. Except as reserved for Executive Board approval in 2.B(i)(q, r, s), substantive changes or additions to the Operator· paid operating cost items set forth in Section 2.B(i) require an amendment to this Appendix Band approval of all Parties to the MOU as of the date of the change or addition.
C.
Contracting Agency shall invoice each Operator on a monthly basis for its share of the operating costs. The Operators shall pay Contracting Agency within fifteen ( 15) calendar days of receipt of such invoice.
3.
Revenue Allocation
Revenues generated by Clipper® during any period of time, including interest earnings on funds held by the clearinghouse and excluding fare revenues or parking fees collected on behalf of and distributed to Operators, shall be utilized as follows:
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To offset Contracting A!;i,ency's bank fees and direct bank charges related to the managing of the Clipper accounts;
H.
After deduction of Contracting 'iSency's bank fees and charges under Section 3.A above, to reduce the Operators' Clipper operating costs listed in Section 2.B(i) above; and
C.
After payment of Operators' Clipper® operating costs listed in Section 2.B(i) above, to be allocated to Operators using the formula specified in Section 1 herein.
Notwithstanding the above, fees charged cardholders for card acquisition, card replacement, balance restoration, failed Autoload funding.recovery, card refund processing, and other cardrelated activities shall be reserved to pay for future card procurements; provided, however, that surcharges on limited use cards or other fare media imposed by an Operator to pay for the acquisition, implementation, administration and replacement of such fare media shall be distributed to and retained by such Operator. (for clarity, any surcharge imposed by an Operator as part of its fare structure shall be considered "fare revenue" and shaU be distributed to and retained by such Operator.)
4.
Review
The Parties acknowledge that this Appendix B is based upon and specific to the payment terms of the existing Clipper® Contract which has a term through November 2, 2019. Therefore, the Parties agree to commence timely, good-faith negotiations to implement revisions to this Appendix B necessitated by any Executive Board approval of(a) any extension of the existing Clipper contract or (b) any contracts that succeed or replace the existing Clipper contract, whether in whole or in part.
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Appendix B-3 Clippertt Cost and Revenue Allocation Effective January l, 2017
1.
Cost Allocation Among Operators
The allocation of Clipper® operating costs to each Operator shall be tied to the cost driver of each category of operating expense outlined in Section 2.B. The percent allocation in each category will be based on actuals by Operator. "Percentage of Cards Used" by Operator will be used to assess operating fees for account-based, fixed or other costs not directly attributable to either transit transactions or revenue and will be based on the number of individual cards used at least once on an Operator's system. "Fee Generating Transit Transactions" shall mean any activity in which a Clipper® card is used to receive service on or from an Operator's system that results in a charge pursuant to Attachment 2 to Part I of the contract between MTC and Cubic for the operation of Clipper®. "Revenue Processed" shall mean the fee collected on behalf of each Operator by the Clipper
MOU Section 2.B.i a,b,c d,e,f
lg h
i j,k,l,m
Fee Category
Allocation Formula
9.0 Cardholder Support SeJVices 10.0 Third Party Load Service Fees 11.0 Autoload Services 13.22.45 Supplemental Operations 13.31 Clipper Transaction Fee
Percentage of Cards Used Percentage of Cards Used Percentage of Cards Used Percentage of Cards Used Percentage of Fee Generating Transit Transactions Percentage of Revenue Processed Percentage of Revenue Processed Direct Charge to Operator Direct Charge to Operator Percentage of Cards Used Percentage of Revenue Processed
13.60-90 Incremental Credit/Debit Card Interchange Fees Reimbursement of Bank Fees/Direct Charges
n
Network Communication Reimbursement Specialized Card Printing Operator Share of Staffing Add Value/TVM Debit Card Interchange Fees for Non-Clipper Gateways
0
IP I q,r
'
In addition to the Clipper® operating costs allocated in accordance with Section 2.B(i) herein, each Operator shall be responsible for payment of:
a.
Clipper'l(' Data Server (CDS) Store operating costs specified below for any CDS Store implemented on such Operator's site;
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b.
Credit/debit interchange fees charged through ticket office terminal devices using an Operator specific credit/debit gateway. This responsibility is subject to review pursuant to Article I.E to ensure that no single Operator is unfairly burdened by such fees; and
c.
Incremental Clipper® operating costs established by and/or resulting from Clipper® Contract change orders requested and funded by an Operator for such Operator's usc and benefit shall be the responsibility of such Operator. This applies to costs or portions of costs that would otherwise be MTC's responsibility as described below.
2.
Clipper® Costs
A.
MTC Operating and Maintenance Costs. MTC shall pay the following Clipper® operating costs; 1.
00
All fixed operating costs of the Clipper clearinghouse and equipment 00 maintenance services costs as specified in the Clipper Contract's Price Schedule 00 {Attachment 2 to the Clipper Contract) (the "Price Schedule"), including: a. b. c. d. e. f. g. h. 1.
J. k. 11.
Variable Clipper® operating costs as specified in the Price Schedule (Attachment 2 to the Clippel' Contract), specifically: a. b. c. d. e. f. g. h. 1.
J. k.
iii.
Ttem 3.20 Program Management-- Operations and Maintenance Ttem 3.30 Clipper® Testbed Operations & Maintenance Ttem 5.31 Operator Help Desk Item 5.32 Reporting Item 5.33 Asset Management Item 6.0 Equipment Maintenance Services Item l 0.21 (a) Location Acquisition Item 10.22 Location Servicing and Support Item 10.23 (a) Acquisition Payment for Third Party Location Item 12.0 Network Management Item 13.22 Da'lic Monthly Operations and Admin
Item 7.10-2 Senior and Youth Card Mail-In Applications Item 8.1 O(a-g) Card Distribution Services Item 8.11 Card Distribution Services Item 8.12 Card Distribution Services Item 8.20 Cardholder Education Item 8.31 Location Acquisition for Completion of Distribution Network Item 8.32 Location Acquisition for Completion of Distribution Network Item 8.41 Pass Through of Amounts Paid for Installation of Phone Lines Item 9.41 Fixed and Incremental Fees Per Active Card Account (50% of the invoiced amount) Item 9.5 Service Level Standard Incentives and Abatements Item 13.100 Mobile Website Operations and Maintenance
All other lump sum and capital expense items specified in the Price Schedule not enumerated above or covered by Section 2.B.
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B.
Operator Operating Costs. , i. Operators shaH pay the following listed Clipper~' operating costs in accordance with the cost sharing formula in Section I, reduced by any amounts payable by MTC pursuant to Section 2.A. References to Item numbers refer to the corresponding prices payable to the Clipper® Contractor under the Price Schedule, which are subject to annual price adjustment as specified in Article 13.6 of the
Clipper'KJ Contract: a. Item 9.24 Balance Protection Services Registration b. Item 9.25 Lock/unlock Clippcr00 Application c. Item 9.41 Fixed and Incremental Fees Per Active Card Account (50% of the invoiced amount)
d. Item l 0.11 Clipper® E-purse Load Item 10.12 Pass/Stored Ride Load Item I 0.24 Employer Program Commission Item 11.0 Autoload Services Item 13.22.45 Supplemental Monthly Operations and Admin 1. Item 13.31 Clipper® Transaction Fcc j. Item 13.60 incremental Gateway Fees k. Item 13.70 Incremental Debit Card Interchange Fees I. Item 13.80 Incremental Credit Card Interchange Fees rn. ]tern 13.90 Pass Through Website Credit Card Processing Fees n. Reimbursement of Contractin&wAgency bank fees and direct bank charges in connection with the Clipper 'bank account(s) in excess of the amounts reimbursed under Section 3.A below o. Direct payment or reimbursement of Contracting Agency costs for network communication. p. Direct payment or reimbursement of Contracting Agency costs for materials necessary for additional printing, e.g. secondary printing or personalization, on Clipper® cards q. Reimbursement of Contracting Agency costs for a portion of salary and benefits of any additional staffing as approved by the Executive Board to support the Clipper® program. r. Reimbursement of Contracting Agency costs for a portion (at least fifty percent) of the salary and benefits of the Clipper Executive Director as approved by the Executive Board. s. Reimbursement of Operator costs for credit/debit interchange fees charged through an Operator-specific gateway associated with Clipper® sales through add value and ticket vending machines, as long as the total average fees do not substantially exceed the average Clipper fees. Reimbursement procedures are subject to the adoption by the Clipper® Executive Board at least 90 days in advance. c. f. g. h.
11.
Changes or Additions to Operator Operating Costs Items. Except as reserved for Executive Board approval in 2.R(i)(q, r, s), substantive changes or additions to the Operator-paid operating cost items set forth in Section 2.B(i) require an amendment to this Appendix Band approval of all Parties to the MOU as of the date of the change or addition.
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C.
Contracting Agency shall invoice each Operator on a monthly basis for its share of the operating costs. The Operators shall pay Contracting Agency within fifteen (15) calendar days of receipt of such invoice.
3.
Revenue Allocation
Revenues generated by Clipper00 during any period of time, including interest earnings on funds held by the clearinghouse and excluding fare revenues or parking fees collected on behalf of and distributed to Operators, shall be utilized as follows: A.
To offset Contracting A~cncy's bank iCes and direct bank charges related to the managing of the Clipper accounts;
B.
After deduction of Contracting ~cncy's bank tees and charges under Section 3.A above, to reduce the Operators' Clipper operating costs listed in Section 2.B(i) above; and
C.
After payment of Operators' Clipper00 operating costs listed in Section 2.R(i) above, to be allocated to Operators by applying the percentage of cards used by Operator specified in Section I herein, unless otherwise authorized by the Executive Board.
Notwithstanding the above, fees charged cardholders for card acquisition, card replacement, balance restoration, failed Autoload funding recovery, card refund processing, and other card~ related activities shall be reserved to pay for future card procurements; provided, however, that surcharges on limited use cards or other fare media imposed by an Operator to pay for the acquisition, implementation, administration and replacement of such fare media shall be distributed to and retained by such Operator. (For clarity, any surcharge imposed by an Operator as pmt of its fare structure shall be considered "fare revenue" and shall be distributed to and retained by such Operator.)
4.
Review
The Parties acknowledge that this Appendix R is based upon and specific to the payment terms of the existing Clipper® Contract which has a term through November 2, 2019. Therefore, the Parties agree to commence timely, good-faith negotiations to implement revisions to this Appendix B necessitated by any Executive Board approval of(a) any extension to the existing Clipper contract or (b) any contracts that succeed or replace the existing Clipper contract, whether in whole or in part, that would take effect on such successor contract's effective date."
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Appendix C
Program Goals and Performance Measures
Tlte program goals and performance measures below are intended to guide the development and ongoing operations of Clipper®, however, specific actions and targets may be constrained by legal, fiscal a11d system limitations. Goal: Provide an intuitive. efflcient. and familiar experience •
•
ElectroJJic fare payment is the primary payment method for all transportation fares and fees ./ Mobile fare payment is integrated into and branded as Clipper® ./ Parking at transit stations is paid with Clipper® ./ Bikeshare at transit stations can be paid with Clipper® ./ Paratransit trips can be paid with Clipper® Transit systems to move 100% to Clipper or incentivize usc of Clipper® depending on mode ./ Heavy commuter rail and ferry systems accept only Clipper® (extended and limited use) ./ Rusllight rail operators to adopt fare differentials to incentivizc usc of Clipper® and transition remaining products to Clipper®
Goal: Provide excellent. proactive cul·tomer service •
Customers can easily obtain and use Clipper® ./ Media dispensing and reloading options are widely available ./ Ticket vending machines offering new cards and add-value are located at all heavy rail and ferry locations ./ Online transactions are immediately available for use ./ Third-party vendor locations are easily accessible in all service areas ./ Streamline process for refunds and replacements ./ Support payment for families, groups, institutional programs, and events
Goal: Create a transparent. consistent, inclusive and timelv decision-making process •
Implement process for operator involvement in work plan development, field equipment procurement and change order process
Goal: Govern the program efficientlv and cost-effectivelv •
•
Adopt standard fare categories and discount levels ./ Minimum $0.50 discount for full-fare adult transfer customers to bus and light rail ./ Establish uniform youth discount for ages five to 18 and senior discount for ages 65 and older Evaluate staffing plan to enhance internal program resources and reduce reliance on consultants
Goal: Ensure that accurate and complete data is available to support decision making at every level • •
System integrates with vehicle on-board equipment to incorporate route, location and revenue information where necessary Clipper® data is accessible to operators and the public to the full extent contemplated by the Clipper® privacy policy
Goal: Ensure program flexibilitv and responsiveness •
System design and contract includes a streamlined process for common changes such as fare adjustments and route changes and additions
Goal: Ensure operational e[{iciencv and reliability • •
Ensure continued competitive equipment availability, automated status reporting and remote diagnostics Utilize open architecture
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Appendix D Dispute Resolution
The Parties agree to resolve disputes concerning this MOU between or among one or more Parties based on the following dispute resolution principles.
1.
Informal Dispute Resolution
The Parties agree to attempt to resolve informally all disputes. Tn the event of a dispute among any Parties to the MOU, those Parties shall notify every other Party in writing about the substance of the dispute. The Parties to the dispute shall meet and confer by exchanging written positions on the dispute, and by meeting in person thereafter to discuss and resolve the dispute. If those representatives are unable to resolve the dispute, the chief executives of those Parties shall be informed of the substance of the dispute and provided all writings that have been exchanged regarding the dispute. The chief executives shall meet and confer in person or by telephone concerning the dispute, and may choose to exchange letters in preparation for the meet and confer.
2.
Mediation
If the dispute is not resolved, the Parties may avail themselves by mutual consent to mediation, arbitration (binding or non-binding), or any other dispute resolution resource (collectively Alternate Dispute Resolution (ADR) processes"). All procedures and methodologies in ADR processes shaH be by mutual consent of the Parties, including but not limited to the choice of the mediator or arbitrator, dates and times and timelines, whether documents are exchanged in preparation for the ADR session, etc. Fees and expenses of the mediator will be borne equally, unless otherwise agreed. The Parties to the dispute shall be represented by individuals of their choosing, except that the Parties must agree on the question of whether lawyers are present or not. The entire process shall be confidential and treated as a compromise negotiation for purposes of federal and state rules of evidence. If ADR processes are agreed on, the Parties shall agree on the identity of the mediator or arbitrator within 30 days of agreeing on the ADR process. The Parties shall not unreasonably withhold consent as to the choice ofthc mediator or arbitrator. Unless the schedule ofthc mediator or arbitrator docs not permit, the Parties shall have their ADR process completed within 60 days after agreement on the choice of the mediator or arbitrator. Nothing in this MOU affects the rights or abilities of the Parties to avai! themselves of aH rights and remedies they have under the law of California or federal law, and to the state or federal courts to resolve their dispute.
3.
Financial Obligations
A Party who disputes amounts claimed by the Contracting Agency to be due under the MOU agrees to pay the amount claimed pending dispute resolution.
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Appendix E Special Provisions for the City and County of San Francisco (References to "City" in Paragraphs l and 2 refer to the City and County of San francisco) 1. Certification of Funds; Budget and Fiscal Provisions; Termination in the Event of Non-Appropriation. This Agreement is subject to the bud gel and fiscal provisions of the City's Charter. Charges will accrue only after prior written authorization certified by the Controller, and the amount of City's obligation hereunder shall not at any time exceed the amount certified for the purpose and period stated in such advance authorization. This Agreement will terminate without penalty, liability or expense of any kind to City at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated tOr a portion of the fiscal year, this Agreement will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated. City has no obligation to make appropriations for this Agreement in lieu of appropriations for new or other agreements. City budget decisions are subject to the discretion of the Mayor and the Hoard of Supervisors. Contractor's assumption of risk of possible non-appropriation is part of the consideration for this Agreement. THIS SECTION CONTROLS AGAfNST ANY AND ALL OTHER PROVISIONS OF THIS AGREEMENT.
2. Guaranteed Maximum Costs. The City's obligation hereunder shall not at any time exceed the amount certified by the Controller for the purpose and period stated in such certification. Except as may be provided by laws governing emergency procedures, officers and employees of the City are not authorized to request, and the City is not required to reimburse the Contractor for, Commodities or Services beyond the agreed upon contract scope unless the changed scope is authorized by amendment and approved as required by law. Officers and employees of the City are not authorized to offer or promise, nor is the City required to honor, any offered or promised additional funding in excess of the maximum amount of funding for which the contract is certified without certification of the additional amount by the Controller. The Controller is not authorized to make payments on any contract for which funds have not been certified as available in the budget or by supplemental appropriation. 3. Sunshine Ordinance. In accordance with San Francisco Administrative Code §67.24(e), contracts, contractors' bids, responses to solicitations and all other records of communications between City and persons or firms seeking contracts, shall be open to inspection immediately atler a contract has been awarded. Nothing in this provision requires the disclosure of a private person or organization's net worth or other proprietary financial data submitted for qualification for a contract or other benefit until and unless that person or organization is awarded the contract or benefit. Information provided which is covered by this paragraph will be made available to the public upon request.
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Appendix F Notices
Contact:
Metropolitan Transportation Commission Name: Carol Kuester Title: Director, Electronic Payments
Email:
[email protected]
Phone: 510-817-5853 Fax:
510-817-5848
Mailing Address: Until February 1, 2016 101 - 8th Street Oakland, CA 94607
After February 1, 2016. 375 Beale Street San Francisco, CA 94105
Alameda-Contra Costa Transit District
Name:: _________________________
Title~.~~~~~~~~~~~~~~~~
1600 Franklin Street
Oakland, CA 94612
Email:
Phone: Fax:
Central Contra Costa Transit Authority ~ame::
______________________________
2477
Industrial Way
Arnold Concord, CA 94520
Title:.!'============ Email;
Phone: Fax: _______________________
City ofFairlield, as the operator of Fairfield and Suisun Transit Title:
Email: l\'amc;·================
Phono
Fax:_
City of Petaluma
=====
Name"' = =============== Phone: Ema:~·l:
Title::-
Fax:
City and County of San Francisco, acting by and through its Municipal Transportation Agency
Name~.~~~~~~~~~~~~~~~~ Phone:
Van
1 South Ness Avenue, 7th Floor San Francisco, CA 94103
Title:
Email:
Fax:: ______________________
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812112015
Eastem Contra Costa Transit Authority Name: Title: - - - - - - - - - - - - Email: _ _ _ _ _ _ _ _ _ _ _ __ Phone:. _ _ _ _ _ _ _ _ _ _ _ __ Fax: _ _ _ _ _ _ _ _ _ _ _ _ __ Golden Gate Bridge Highway and Transportation District Name: _ _ _ _ _ _ _ _ _ _ _ _ __ Title: EmaicL--------------
P.O. Box 9000, Presidio Station San Francisco, CA 94129-0601
Phone:: _ _ _ _ _ _ _ _ _ _ __ Fax: _ _ _ _ _ _ _ _ _ _ _ _ __ Livennore/Amador Valley 'l·ransit Authority Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Title:,---------------Email: _ _ _ _ _ _ _ _ _ _ _ __ Phone: _ _ _ _ _ _ _ _ _ _ _ __ Fax: _ _ _ _ _ _ _ _ _ _ _ _ _ __ Marin County Transit District Name:- - - - - - - - - - - - Title: Email: _ _ _ _ _ _ _ _ _ _ _ _ __ Phone:. _ _ _ _ _ _ _ _ _ _ _ __ _________________________ F~:
Napa County Transportation and Planning Agency Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Title:,-_ _ _ _ _ _ _ _ _ _ _ __ Email: _ _ _ _ _ _ _ _ _ _ _ __ Phone: _ _ _ _ _ _ _ _ _ _ _ ___ Fax: _ _ _ _ _ _ _ _ _ _ _ _ __ Peninsula Corridor Joint Powers Board :-Jame: RitaP. Haskin Title: Executive Officer, Customer Service and Marketing Email:
[email protected] Phone: 650-508-6248 Fax: 650-508-7919 San Francisco Bay Area Rapid Transit District Name: Patricia Nelson Title: Project Manager, Clipper Program Email:
[email protected] Phone: 510-874-7323 Fax: 510-287-4747
P.O. Box 3006 San Carlos, CA 94070-1306
300 Lakeside Drive, 16th floor Oakland, CA 94612
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San Francisco Bay Area Water Emergency Transportation Authority Name: Title: - - - - - - - - - - - - Phone: _______________ r~:
_________________________
San Mateo County Transit District Name: Rita P. Haskin Title: Executive Officer, Customer Service and Marketing Email:
[email protected] Phone: 650-508-6248
Fax:
P.O. Box 3006 San Carlos, CA 94070-1306
650-508-7919
Santa Clara Valley Transportation Authority Name: Ali Hudda Title: Deputy Director, Accounting Email:
[email protected] Phone: 408-546-7922
3331 N. First Street, Building C San Jose, CA 95134-1906
Fax: _____________________ Solano County Transit Name: _ _ _ _ _ _ _ _ _ _ _ _ __ Title: _ _ _ _ _ _ _ _ _ _ _ _ __ Emai.cl:
Phone: _ _ _ _ _ _ _ _ _ _ _ _ __
Fax: _________________________ Sonoma County Transit Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Title: Emailc,-------------Phone: _ _ _ _ _ _ _ _ _ _ _ ___ Fax: _ _ _ _ _ _ _ _ _ _ _ _ __ Sonoma-Marin Area Rail Transit Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Title:·,---------------Email: _ _ _ _ _ _ _ _ _ _ _ __ Phone: _ _ _ _ _ _ _ _ _ _ _ __
Fax: _ _ _ _ _ _ _ _ _ _ _ _ __ Vacaville City Coach Name: Title: - - - - - - - - - - - - Email: _ _ _ _ _ _ _ _ _ _ _ __ Phone: _ _ _ _ _ _ _ _ _ _ _ __ Fax: _ _ _ _ _ _ _ _ _ _ _ _ _ __
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Westem Contra Costa Transit Authority
Name:: ___________________________
Title: ___________________________ Email:: __________________________ Phone: ____________________________
Fax: ___________________________ City of Santa Rosa
Name:: __________________________ Title:,--_ _ _ _ _ _ _ _ _ _ __
Email: ____________________________ Phone: _________________________
Fax:: ____________________________ City of Union City
Name:: ____________________________
Title.:·c- - - - - - - - - - - Email: ___________________________ Phone: ___________________________ Fax:: _ _ _ _ _ _ _ _ _ _ _ _ __
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11444748_3
FINANCE AND AUDIT COMMITTEE
September 16, 2015 Agenda Items B-2 – B-4
165
This page intentionally blank
166
Report No: Meeting Date:
15-217 September 16, 2015
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
Kathleen Kelly, Interim General Manager
SUBJECT:
Monthly Report on Investments
BRIEFING ITEM RECOMMENDED ACTION{S): Consider receiving the Monthly Report on Investments for July 2015. EXECUTIVE SUMMARY: As of July 31, 2015, the District had t he following investments: Secured Institutional Money Market Account
$122.5 million (Collateralized 110%)
Money Market Acco unts (7 small banks)
$1.76 million (FDIC insured)
BUDGETARY/FISCAL IMPACT: There are no budgetary or fiscal impacts associated with this report.
BACKGROUND/RATIONALE: In compl iance with Section 15.0 of Board Po licy 336, Investment Policy, the Monthly Re port on Investments for July 2015 is forwarded to the Board of Directors for review. The portfolio contained in the report is in compl iance with Board Policy 336, and the District is able to meet its expenditure requirements for th e next six months. Return on the District's investm ents is relatively small due to the ma rket conditions and ultra conservative investment approach. ADVANTAGES/DISADVANTAGES: This report does not recommend a course of action with notable advantages or disadvan tages. ALTERNATIVES ANALYSIS: This report is being provided to inform t he Board of act ivities of the Treasury Department.
167
Report No. 15-217
Page2of2 PRIOR RELEVANT BOARD ACTIONS/POLICIES: Board Policy 336, Investment Policy
ATTACHMENTS: 1:
Monthly Report on Investments for July 2015
Department Head Approval;
James D. Pachan, Interim Chief Financial Officer
Reviewed by:
Sue Lee, Treasury Manager
Prepared by:
Beverly Abad-Fitzgerald, Treasury Administrator
168
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT MONTHLY REPORT ON INVESTMENTS FOR THE GENERAL FUND JULY 31,2015
169
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT MONTHLY REPORT ON INVESTMENTS
Table of Contents
Investment Summary
1
Investment Overview
2
Return on Investments
3
Detail of Portfolio
4
Repurchase Agreements
5
Government Securities (General Fund)
6
170
INVESTMENT SUMMARY FOR THE GENERAL FUND & BUS/OTHER FUND JULY 31,2015
TYPE MONEY MARKET- GENERAL FUND REPO'S TREASURY BILLS DISCOUNT NOTES AGENCY BONDS
Average Interest Rate%
0.248% 0.000% 0.000%
0.000% 0.000%
TOTAL GENERAL FUND INVESTMENTS
TYPE MONEY MARKET -OTHER REPO'S DISCOUNT NOTES AGENCY BONDS
Average Interest Rate%
0.070%
0.000% 0.000% 0.000%
TOTAL OTHER (PTMISEA/Bus Proc. INVESTMENTS
Carrying Value
Par Value
Fair Value
%of Total
$64,300,320.71 $0.00 $0.00 $0.00 $0.00
$64,300,320.71 $0.00 $0.00 $0.00 $0.00
$64,300,320.71 $0.00 $0.00 $0.00 $0.00
100.00% 0.00% 0.00% 0.00% 0.00%
$64,300,320.71
$64,300,320.71
$64,300,320.71
100.00%
Carrying Value
Par Value
Fair Value
%of Total
$59,906,200.31 $0.00 $0.00 $0.00
$59,906,200.31 $0.00 $0.00 $0.00
$59,906,200.31 $0.00 $0.00 $0.00
100.00'lf()
$59,906,200.31
$59,906,200.31
$59,906,200.31
100.00%
Page 1
171
0.00% 0.00% 0.00%
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT INVESTMENT OVERVIEW FOR THE GENERAL FUND & BUS PROCUREMENT/OTHER FUND JULY 31,2015
201S DESCRIPTION £URRENT MONTH AVERAGE INTERE;iT Be.TES Repurctla.., Agreemer1ls (current mo~th) Money MarketAccoonts (current month) Govt Seo.mties held at month end Treasury Bills (pur~t>ased 1n currem month) DISCOunt NOles (purchased 10 rurrent month) Agency Bonds (purchased ., c~ent month)
...
2016
'"
AOG
""'
'ov
''"
O>C
'"
"'
,.,,
..,
AM
AVERAGE
'"'
0.000% 0.070%
0.000% 0.070%
0.025% 0.070%
0.025% 0.070%
0.1M% 0 050% 0.102% 0.025%
0 1000A. 0 050% 0.102% 0.025%
AVERA!,! iii INTiiB,EST RATE Rep.Jrcnase Agreements (12·month avtJ) Money Market Accounts (12-month avg) Golll Secur1~es held at month end Treasury B1lls (Portlolie>) 01S<;OUnt Notes (POttfOiio) Agency Bonds (Portfolio) INVESTMENT BENCHMARKS Current Me>nlh Daily Fed Funds Average Current Month Datly3 Month T Bill Rate Average Monthly Avg of Datly Fed Funds (12 monlil avg) Monthly Avg 3 Month T ~I Rate (12 month avg) AVf'RAGE MATURITY 01' INVESTMENTS
,
M~
Repurchase Agr
DAYS
DAYS
DAYS
M~
DAYS
om
DAYS
DAYS
DAYS
M,S
DAYS
M~
0
INVIOSTMENTS AT CABRYING VALUE R&p.Jrchase Agreements Money Mati
$124,206,52l l!;jVESTMENTSAT~T
"
"
$124,206.521
$124.206,521
$124,206,521
"so
so $0
" "
"so
Page 2
172
"so
"
"'
$0
"'
"' "'
$0
"
"
"
so
$124,206.521
$0
$10,350,543
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT RETURN ON INVESTMENTS FOR THE GENERAL FUND & BUS PROCUREMENT/OTHER FUND JULY31,2015 vm
2C16
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RETURN ON INVESTMENTS
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7,164
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$7164
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$7 164 ; M
PORTFOUO INVESTED Average
av~llabte
for Investment
$30.727,998
$30,727.998
"
0.00%
Averaoe dait)J portfolio invested % of avera!;ll! daity portfojo invested
"
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CARRYING VALUE GENERAL FUNO PORTFOLIO
fY 15116
Jui201S
S64.J00,321
fY 14115
Jul 2014
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.$62,946.553 $62,949,985 $62.954,269
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CARRYING VALUE BUS/OTHER PORTFOLIO
$55.007,524 $55,610.762 $55,614.4<10 $55,817.430 $55,820,106 $55.322.942 $62,943.691
$59.906,200
'""
$62.~7.368
$64,2S6.779
fY 13114
Jul 2013
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.$42,289,561 $42,292,075 $42,295.077 $42,297,511 $42,300.026 $42.302,-ll;O $35.187,452 $55.900,314 $55,902.839 $55,904.956 $55,908,173 $55,02S.936
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FY 13/14
FY1411S
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$45,496,647 $46,135,214 $46,136,641 $47.548.538 S47 .550,347 $47,552,300 $50,167,447 $50,158,951 $.50.171,126 $.50.171,976 $50,177,058 $70,805,756
FY 1211J
Jul 2013
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.
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$73.128,770 S72.495,9T.l $72.500,284 $71,093,538 $63,356,700 $63.360.651 $60.749.907 $60,753,670 $62,905,320 S62,90S,S20 $62,909,030 $42.286.280
$42.603,947 $42,607.123 $-42.610.779 $42,931,605 $42.935,324 $42,939,031 $4.2,940,095 $43.416,351 $45.493.510 $44.777.188 $45,220,228 $45.400,510 FY12/13
M~
$34,705.371 $34,707.265 $34,709.156 $49,291,355 $49,200,816 $49.296.513 $49,299,100 $.50,975.655 $48,916.111 $49,623,41 3 $49,184,941
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ALAMEDA. CONTRA COSTA TRANSIT DISTRICT DETAIL OF PORTFOLIO FOR THE GENERAL FUND & BUS PROCUREMENTfOTHER FUND .JULY 31,2015 Maturity
'~
Days tc M:rtmity
MONEY MARI(ET GENERAL FUND: Wells Fmgo Bar.k- SIMMA Money Market ·local Ba.oks TOTAL MONEY MARKET GENERAL FUND
REPO'S
TOTAL REPO
TREASURY BILLS:
TOTAL TREASURY BILLS
Purchased
~-~070%
J425% 0.248%
Maturity Rate%
0070% 0.425% 0.248%
Carrying Value
Par Value
Fair Val""
62 542,132.71 1.758.168.CO 54 300,320.71
62,542,132.71 1 758,188 co 64,300,320 71
62,541,132 71 1,758.1S8.CO 54,300,320 71
000
000
000
o.co
o_co
oco
64 300,320 71
64,300,320.71
64,300,320.71
AGENCY DISC NOTES:
TOTAL DISCOUNT NOTES AGENCY BONDS:
TOTAL BONOS
!PORTFOLIO- G-ENERAL FUND MONEY MARKET OTHER: Wells Fa'I)O Sank SECURED INSTITUTIONAL r.IONEYMARKET
Wells Fargo. San~- SWIMA Wells Faruc BanK- SIMMA Wells Fargo BanK· SIMMA. Wells F"'9a BanK- SIMMA
007D% 0070% 0.070% 0070%
0070%
7858
~070%
38,162,40947 21 '170.486.2£ 573,22600 0.00
7858 38,162,409.47 21.170,486.26 573,226.00 000
38,"62,40947 21 '70.486.26 573,226 00 0.00
0.070%
0.070%
59.9C6,200 31
59 9C6.200.31
59 9C6,200.31
124,206,521.02
124,206,521.02
124,206,521,02
~.070%
(107D%
TREASURY BILLS:
7858
AGENCY DISC NOTES:
AGENCY BONDS:
IPORTFOLIO- OTHER (PTMISEA/Bus Procurement) jTOTAL PORTFOLIO COMPOSITION OF PORTFOUO : Maney Ya11cet Repurchase Agreements Treasury Sills Discount Nates Bonds
GENERAL FUND 100 OD'A. 000% [)_O:l"A. 00~ ~.00%
100.00%
174
OTHER (PTMISEA/Bus Prncurement) 100.00% 0,00% 000% 0.00% _ _ _ cO.CO%
710000%
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT REPURCHASE AGREEMENTS FOR THE MONTH ENDED JULY 31,2015
SETTLEMENT
MATURITY
DAILY "REPO"
DATE
DATE
INVESTMENT$
•
OF DAYS
CURRENT INTEREST
INTEREST
RATE
EARNED
INTEREST RECEIVED
NET CASH RECEIPT
AIR ACTIVITY
ACTIVITY
AVERAGE INVESTMENT AMT.INV~#OF DAYS/ DAYS IN MONTH: J1
BANK OF AMERICA
TOTAL
$0.00
so.oo
PageS 175
$0.00
$0.00
$0.00
$0.00
$0.00
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT GENERAL FUND GOVERNMENT SECURITIES SUMMARY FOR THE MONTH ENDED JULY31,2015
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TOTAL TREASURY BILLS
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0,00
0.00
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TOTAL BONDS
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0.00
0.00
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TOTAL GOVERNMENT SECURITIES
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at Month EnO:
TOTAL DISCOUNT NOTES
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A one BOfld Neld ill Month End:
Govetnr'1entSO"'-"""'S 90 Oaysand loss Govem:nom
Sacun~es
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Report No: Meeting Date:
15-211
September 16, 2015
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
Kathleen Kelly, Interim General Manager
SUBJECT:
Funding Agreement to Supplement City of Oakland BRT Business Sustainability Program
ACTION ITEM RECOMMENDED ACTION(S): Consider authorizing the Interim General Manager to execute a Memorandum of Understanding (MOU) with the City of Oakland to provide funding to supplement the City's Business Sustainability Program (SSP) associated with the East Bay Bus Rapid Transit {EBBRT) Project.
EXECUTIVE SUMMARY: The attached MOU between AC Transit and the City of Oakland provides up to $2 million in funding for mitigation activities that are not eligible for FTA funding. The kinds of mitigation activities are ones related to addressing indirect permanent impacts from the BRT program. Staff has identified $2 million of Measure BB capital fiJnds allocated to the EBBRT project as thf' source of funds for this program and requests the Board approve the funding agreement that has been negotiated by AC Transit and City of Oakland staff.
BUDGETARY/FISCAL IMPACT: The District will provide up to $2 million in Measure BB capital grant funds to the City of Oakland to implement the scope of work in the attached MOU. The FTA does not consider the activities in the MOU eligible for reimbursement by EBBRT project funds as they do not constitute direct construction impacts. Due to this restriction, the District is using non-federal funds held outside the $178 million EBBRT project budget. Although these funds were earmarked for the EBBRT project as part of Measure BB, their use now ultimately means that the District will have $2 million less for the EBBRT project or unidentified future capital projects.
BACKGROUND/RATIONALE: Business Impact Mitigation Plan History In July 2012, when approving the EBBRT Project, the Oakland City Council adopted Conditions of Approval (COA), which included among other provisions, that AC Transit directly address parking and business operation impacts and create an impact mitigation fund. Subsequently AC Transit and the City of Oakland executed a Master Cooperative Agreement (MCA) in September 2013 in which the District committed to a Business Impact Mitigation (BIM) Plan and to allocate 177
Report No. 15-211 Page 2 of 3 sufficient funds to cover the cost of the mitigation measures contained in the Plan. The AC Transit Board and Oakland City Council are required to review and approve the plans prior to start of each construction phase. BIM Plans for construction bid packages 1 and 2 were
approved by the Board in October 2014 and the BIM Plan for BP3 is expected to come to the Board in October 2015.
Table 1 below describes the funds allocated to implement the three categories of BIM activities. With the exception of the funds in the shaded box, all of the funding allocated to address both direct temporary and permanent construction impact mitigation measures within each jurisdiction is consistent with Federal Transit Administration (FTA) guidelines. This report addresses the attached MOU and the $2,000,000 indicated below that will fund mitigations to indirect permanent impacts in Oakland, which are not eligible for FTA funding.
Table 1- Business Impact Mitigation Funding
~-
Purpose
Oakland
San Leandro
I •
i
- -----
Temporary Construction Impacts -·
--------------
$2,165,000' ----------
qn);,r,M,J.:
$255,000 ~-
1
-----
----
$294,000
Permanent Construction Impacts $500,000 1
1. Portions of these funds have already been expe~ded o~ SPl, BP2, and BP3 mitig~tio~ <>divitie~.
Three Categories Q/ Spending
Direct Temporary- the District will fund and administer BIM activities in Oakland ($2,165,000) and San Leandro ($255,000), consistent with FTA guidelines to assist businesses to identify direct temporary construction impacts. Examples of this type of activity include window washing, power washing sidewalks, or open for business signage to address temporary impacts during construction. Direct Permanent -the District will fund and administer BIM activities in Oakland ($500,000) and San Leandro ($294,000), consistent with FTA guidelines to assist businesses to identify direct permanent construction impacts and mitigate these to the maximum extent practicable through design changes and/or on-site improvements. Some examples of these types of mitigations include relocating driveway cutouts or repositioning a business sign or entryway obstructed by a station canopy.
178
Report No. 15-211 Page 3 of 3 Indirect Permanent - the District will also fund indirect permanent BIM activities in Oakland {$2,000,000) not eligible for FTA funding using ACTC funds. An example of this activity would be assisting businesses with marketing techniques using social media or improving business operations by providing bookkeeping software and training staff on its use. The attached funding agreement establishes disbursement procedures on a reimbursement basis to the City of Oakland Housing and Community Development Department (HCD) who will administer the activities using in-house and/or contract resources. The HCD Director and EBBRT Program Director will closely coordinate to ensure consistency with this funding agreement and applicable ACTC Measure BB funding requirements. ADVANTAGES/DISADVANTAGES:
The only disadvantage to the funding arrangement is that the District will not have direct control over the BIM activities; however, staff is in agreement that this is the best approach program since the scope of the BIM activities is not within the District's core mission or existing staff capabilities. ALTERNATIVES ANALYSIS:
The alternative to the proposed MOU funding arrangement is for the District to administer the program directly with local businesses. The District neither has the expertise nor the desire to implement and manage the business support activities proposed in the MOU. rhe City's HCD is much better suited to perform these tasks. PRIOR RELEVANT BOARD ACTIONS/POLICIES;
13-184- Approval of the MCA and Operations and Maintenance Agreements with the City of Oakland for the EBBRT Project 14-155a- Approval of the Business Impact Mitigation Plan for Bid Package #1, Advanced Utilities and the Parking and Business Impact Mitigation Plan for Bid Package #2, Fruitvale Bypass and Off-Street Parking lots (Fruitvale and Elmhurst); Approval of BRT Project funding in the amount of $2.5 million for City of Oakland and $.294 million for City of San Leandro Business Technical Assistance Programs. ATIACHMENTS;
1: MOU Funding Agreement with Scope of Work Executive Staff Approval: Reviewed by:
Prepared by:
James D. Pachan, Interim Chief Financial Officer/Chief Operating Officer Denise C. Standridge, General Counsel David Wilkins, Director of BRT Chris Andrichak, Manager, Capital Planning & Grants
179
This page intentionally blank
180
SR15-211 Attachment 1
MEMORANDUM OF UNDERSTANDING BETWEEN ALAMEDA-CONTRA COSTA TRANSIT DISTRICT AND CITY OF OAKLAND
This Memorandum of Understanding (MOU) is entered into this 151 day of September, by and between the Alameda-Contra Costa Transit District ("AC Transit"), a public transit operator, and the City of Oakland ("Recipient"), a municipality located in Alameda County in the State of California. RECITALS
WHEREAS, AC Transit received at least $2,000,000 ("Project Funding") from the Alameda County Transportation Commission (ACTC) Measure BB to support named project #13, the East Bay Bus Rapid Transit project ("Project"); and WHEREAS, AC Transit is working in partnership with the recipient to deliver the Project;
and WHEREAS, Recipient will perform business technical assistance and related activities for
the Project by the City directly and through a sub-contract with the Oakland Business Development Corporation for a not-to-exceed total of $2,000,000 with scope as specified in Attachment A; and WHEREAS, Recipient is required to follow ACTC requirements for eligible expenses of
Measure 88 funds; NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth below, AC Transit and Recipient agree that the undertaking described in this MOU shall be implemented in accordance with the following:
1. JOINT RESPONSIBILITIES:
A
The Project Funding that will be received by Recipient pursuant to this Agreement requires that AC Transit remain responsible for compliance with all terms, conditions, and requirements associated with the grant. The parties hereby agree, notwithstanding the grant requirements, that, as between the parties, it is the parties' intent, and Recipient agrees, that Recipient shall, to the fullest extent permitted by law, be fully responsible for complying with all terms, conditions, and requirements associated with the applicable grant or grants. The specific responsibilities in this section and elsewhere in this agreement may not be construed or interpreted as in any way restricting, limiting, or modifying the Page 1 of8
181
SR15-211 Attachment 1
general responsibilities imposed by this section. The recipient acknowledges that its commitment to assume such responsibilities is a material inducement for AC Transit to enter into this Agreement.
2. AC TRANSIT RESPONSIBILITIES: A.
AC Transit will prepare Semi-Annual Reports for submission to ACTC in accordance with ACTC reporting guidelines. Reports will be prepared based on activity reports submitted to AC Transit by Recipient. Activity reports will be due on January 15th and July 15th to AC Transit, for the duration of the Project.
B.
AC Transit will process invoices submitted by Recipient for cost reimbursement within 60 days of receipt of invoice if submitted in the proper format and accompanied by acceptable supporting documentation of expenditures. Total payment will not exceed the amounts specified in this agreement.
C.
AC Transit shall indemnify, defend, and hold harmless the recipient, its officers, directors, employees, agents, and volunteers from and against any and all liability, loss, expense (including attorneys' fees), or claims for injury or damages arising out of its performance under this MOU, or its failure to comply with any of its obligations contained herein, except such loss or damage which was caused by the negligence or willful misconduct of the recipient.
3. RECIPIENT RESPONSIBILITIES; A.
No Guarantee of Additional Funding. Recipient agrees that the District has no obligation to provide funds in excess of the amount specified to recipient, unless there is approval of additional grant funding for the project and both parties execute a written amendment to this agreement to reflect any additional funding. The recipient agrees that the District is not obligated to provide funds not funded by the Project Funding. Recipient Initial: _ _
B.
Recipient Responsible for Costs in Excess of Award. Recipient acknowledges that the District will only pass through project funding it has already been awarded. Recipient agrees that it is responsible for any project costs that exceed the amount awarded to the recipient, including costs that exceed the estimated costs of the project. Recipient Initial: __
Page2of8
182
SR 15-211 Attachment 1
C.
Treatment of Disallowed Costs. Recipient acknowledges that it is responsible to fully refund the District any payments made under this agreement that are subsequently disallowed by ACTC or that are determined by audit to be disallowed. Recipient Initial: _ _
D.
Reimbursable Costs. Recipient agrees that only actual, allowable, necessary and reasonable costs, including allowable administrative costs, are reimbursable and that all costs invoiced to the District will comply with ACTC requirements. Recipient will provide invoices and accompanying documents to the District for reimbursement of funds. Recipient will be responsible for maintaining all applicable records in compliance wlth auditing requirements as stated in the agreement between Recipient and ACTC for the receipt of Project Funding. Recipient Initial:
E.
Funding Terms. Recipient shall comply with all ACTC program requirements, stipulations, and terms and conditions in order to receive project funds. Recipient Initial:
F.
Reporting Requirements. Recipient will submit quarterly activity reports to AC Transit detailing project activities and costs for the preceding three-month period on January 15, April 15, July 15, and October 15 for the duration of the project. These quarterly reports will be the basis of the semi-annual reports submitted to ACTC by AC Transit on January 31 and July 31 for the duration of the project. Recipient Initial: _ _
G.
Invoicing Requirements. Recipient may submit invoices to AC Transit as frequently as monthly for reimbursement of eligible project costs in a form acceptable to AC Transit, along with a description of project activities. Invoices should include the time period for the invoice and itemized staff charges to the project. Each invoice will also include documentation of claimed expenditures as a condition of cost reimbursement. Recipient Initial: __
4. EXCULPATION
A. It is expressly understood by recipient that AC Transit is providing project funds solely as a project sponsor and that recipient shall be fully responsible for ensuring compliance with grant terms, program and legal compliance, necessary recordkeeping, and shall be responsible for any and all penalties, claims, fines, or expenses Page3of8
183
SR 15-211 Attachment 1
of any kind whatsoever, arising out of the use of Project Funds, AC Transit and recipient agree that neither AC Transit nor any director, officer, agent or employee of AC Transit (collectively "AC Transit Parties") shall be legally responsible for any claim, loss, damage, or liability of any kind arising out of or related to recipient's actions under the program or in connection with this agreement, including (but not limited to) damages or liability occurring by reason of malfeasance or misuse of project funds, improper allocation of funds (regardless of recipient's intent), failure to comply with any local, state, federal, or other regulatory laws or requirements, improper record keeping, negligent hiring, or any contract or tort claims arising from recipient's operations, B. To the fullest extent permitted by law, recipient waives all claims (in law, equity, or otherwise) against AC Transit arising out of, knowingly and voluntarily assumes the risk of, and agrees that AC Transit shall not be liable to Recipient for any of the following: a. Injury to or death of any person; or b. loss of, injury or damage to, or destruction of any tangible or intangible property, including the resulting loss of use, economic losses, and consequential or resulting damage of any kind from any cause. C. AC Transit shall not be liable under this clause regardless of whether the liability results from any active or passive act, error, omission, or negligence of any of the AC Transit Parties; or is based on claims in which liability without fault or strict liability is imposed or sought to be imposed on any AC Transit Parties.
D. This section shall survive the expiration or earlier termination of this Agreement until all claims within the scope of this section are fully, finally, and absolutely barred by the applicable statutes of limitations. E. Recipient acknowledges that this section was negotiated with AC Transit, that the consideration for it is fair and adequate, and that Recipient had a fair opportunity to negotiate, accept, reject, modify, or alter it. F. Waiver of Civil Code section 1542. With respect to the exculpation provided in this section, Recipient waives the benefits of California Civil Code §1542, which provides: a. A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
Page4of8
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SR 15-211 Attachment 1
5. INDEMNIFICATION
A. Recipient agrees to fully defend, indemnify, and hold harmless AC Transit to the maximum extent permitted by law from and against all claims, suits, losses, damages, injuries, expenses, liabilities, liens, actions, causes of action (whether in tort or contract, law or equity, or otherwise), charges, assessments, fines and penalties of any kind (including consultant and expert expenses, court costs and reasonable attorneys' fees actually incurred), from any cause ("Claims"), arising out of or relating (directly or indirectly) to this Agreement, including {a) any act, error, failure to act, or negligence of Recipient or of its officers, agents, directors, employees, contractors, subcontractors, invitees, guests, licensees, or any of them (including failure to comply with any applicable laws, rules, regulations, orders, decrees) and {b) any breach or default in performance of any obligation on Recipient's part to be performed under this Agreement, including obligations which survive expiration or earlier termination of this Agreement under the terms of this Agreement. B. AC Transit agrees to fully defend, indemnify, and hold harmless the Recipient to the maximum extent permitted by law from and against all claims, suits, losses, damages, injuries, expenses, liabilities, liens, actions, causes of action (whether in tort or contract, law or equity, or otherwise), charges, assessments, fines and penalties of any kind (including consultant and expert expenses, court costs and reasonable attorneys' fees actually incurred), from any cause, arising out of or relating (directly or indirectly) to this Agreement, including (a) any act, error, failure to act, or negligence of AC Transit or of its officers, agents, employees, contractors, subcontractors, invitees, guests, licensees, or any of them (including failure to comply with any applicable laws, rules, regulations, orders, decrees) and (b) any breach or default in performance of any obligation on AC Transit's part to be performed under this Agreement, including obligations which survive expiration or earlier termination of this Agreement under the terms of this Agreement. C. This indemnification extends to and includes Claims for: a. Injury to any persons (including death at any time resulting from that injury); b. loss of, injury or damage to, or destruction of property {including all loss of use resulting from that loss, injury, damage, or destruction); and c. All economic losses and consequential or resulting damage of any kind. D. Except as provided in this section, the indemnification in section 3.A shall apply regardless of the active or passive negligence of AC Transit Parties and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on AC Transit Parties. The indemnification in section 3.A shall not apply to the extent that a final judgment of a court of competent jurisdiction establishes that a Page 5 of 8
185
SR15w211 Attachment 1
Claim against one AC Transit Party was proximately caused by the willful misconduct of that AC Transit Party. In that event, however, this indemnification shall remain valid for all other AC Transit Parties. E. To the fullest extent permitted by law, Recipient agrees to provide AC Transit with a full legal defense of any claims, with the counsel of AC Transit's choosing. Recipient's defense obligation shall arise upon tender of a claim by AC Transit, and continue until the claim is resolved to AC Transit's satisfaction, whether by settlement, adjudication, or other means. Recipient shall pay for AC Transit's actual defense costs, including attorneys' fees, costs of suit, costs authorized by statute or pursuant to law, cost of litigation consultants, expert witnesses, and document fees. Recipient's duty to defend AC Transit Parties is separate and independent of Recipient's duty to indemnify AC Transit Parties. The duty to defend includes claims for which Agency Parties may be liable without fault or strictly liable. The duty to defend applies regardless of whether the issues of negligence, liability, fault, default, or other obligation on the part of Recipient Parties have been determined. The duty to defend applies immediately, regardless of whether AC Transit Parties have paid any sums or incurred any detriment arising out of or relating (directly or indirectly) to any claims. It is the express intention of the parties that AC Transit Parties be entitled to obtain summary adjudication or summary judgment regarding Recipient's duty to defend AC Transit Parties at any stage of any claim or suit within the scope of this section. F. The indemnification provided in this section may not be construed or interpreted as in any way restricting, limiting, or modifying Recipient's insurance or other obligations under this Agreement and is independent of Recipient's insurance and other obligations. Recipient's compliance with the insurance requirements and other obligations under this Agreement shall not in any way restrict, limit, or modify Recipient's indemnification obligations under this Agreement. G. The prevailing party shall be entitled to recover its actual attorney fees and court costs incurred in enforcing the indemnification clauses set forth in this section. H. The clauses of this section shall survive the expiration or earlier termination of this Agreement until all claims against AC Transit Parties involving any of the indemnified matters are fully, finally, and absolutely barred by the applicable statutes of limitations.
6. AMENDMENT A. The term of this MOU is September 1, 2015 through August 31, 2017. The parties
may extend, terminate or otherwise modify this MOU by mutual consent. Any extension or modification shall be confirmed in writing. Either party may terminate this MOU upon sixty (60) days prior written notice. In the event of any early
Page6of8
186
SR 15-211 Attachment 1
termination, questions regarding refund of any monies received by AC Transit will be negotiated with ACTC 7. NOTICES A. Any notices which may be required under this MOU shall be in writing, effective when received and given by personal service or by certified or registered mail to the following: AC Transit: Kathleen Kelly, Interim General Manager
1600 franklin Street, Oakland, CA 94612 City of Oakland: Michel Byrd, Director Department of Housing and Community Development 250 Frank H. Ogawa Plaza, Suite 5313
Oakland, CA 94612 8. DISPUTES A. Any disputes arising under this MOU between the parties shall be resolved by the City Administrator, City of Oakland, and the Interim General Manager, AC Transit, or their designees. In the event that the Recipient and AC Transit are unsuccessful in informally resolving any dispute, the parties shall attempt to mediate the dispute by a mediator jointly selected by the parties before initiating any litigation. Such mediation may be requested by either party and shall be performed within 60 days of the request, unless extended by mutual agreement. The obligation to mediate shall be terminated in the event that the parties are unable to mutually agree upon a mediator. a. The parties shall equally bear the costs of any third party alternative dispute resolution process. b. The terms and conditions of this MOU represent the entire understanding of the parties with respect to the subject matter of this MOU. No other agreement, statement or promise relating to the subject matter of this MOU shall be valid or binding except by a written amendment to this MOU. 9. GOVERNING LAW A. This MOU shall be governed by California law.
Page 7 of&
187
SR15-211 Attachment 1
10. ASSIGNMENT A. This MOU shall not be assigned to any third party.
11. SURVIVABILITY A. If a court of competent jurisdiction finds or rules that any provision of this MOU is invalid, void, or unenforceable, the provisions of this MOU not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this MOU shall not void or affect the validity of any other provision of this MOU.
12. EXECUTION A. This MOU may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding on the dates set forth below.
City of Oakland
By:
Sabrina Landreth City Administrator
Alameda-Contra Costa Transit District
By:
Kathleen Kelly Interim General Manager
Date:
Date:
Approved as to form and legality:
Approved as to form and content:
Celso Ortiz, Deputy City Attorney
Denise C. Standridge, General Counsel
Page8of8
188
SR 15-211 Attachment 1
ATIACHMENTA CITY OF OAKLAND'S BUSINESS SUSTAINABILITY PROGRAM In support of ACTRANSIT EAST BAY BUS RAPID TRANSIT PROJECT Background: The City of Oakland and AC Transit have agreed to work as partners towards the development and implementation of a comprehensive business impact mitigation program called the Business Sustainability Program (BSP). The BSP supports business development, mitigates temporary and permanent construction impacts, and promotes longterm economic development, which support a successful transit system and commercial corridor revitalization goals. The Technical Assistance Element of the Business Sustalnability Program provides $2 million in funding over a three-year period to support impacted for-profit businesses along Oakland's portion of the BRT route, the locally preferred public transit route that runs 9.5 miles from northern transfer station at Broadway & 20th Street in Uptown Oakland to the San leandro BART (Bay Area Rapid Transit) Station (BRT Corridor). BRT Corridor construction and operations will have adverse temporary and permanent impacts on some existing businesses. Together, AC Transit and the City of Oakland have developed a business impact mitigation strategy for the BRT Project that demonstrates a commitment to implement temporary and permanent mitigation measures consistent with the obligations set forth in the Final Environmental Impact Statement and Report (FEIS/FEIR) for the East Bay Bus Rapid Transit Project, Downtown Oakland to San leandro Alternative adopted by the AC Transit Board on April 25, 2012. In Oakland, the BRT Project business impact mitigation strategy is comprised of two components: 1.
The AC Transit Business Impact Mitigation Plan consisting of a Technical Assistance {TA) and a Business Support Activities program; and
2.
The City of Oakland Business Sustainability Program (Oakland Business Sustainabi!ity Program)
Under the AC Transit Business Impact Mitigation Plan, impacts are summarized as follows: 1.
Direct Impacts: businesses with direct BRT Project impacts are located directly adjacent to curbside platforms; in the direct vicinity of median platforms; have driveway impacts; or other direct temporary and/or permanent impacts due to project construction and operations.
2.
Direct Temporary Construction Impacts: include construction phase impacts described in the FEIS/FEIR, the approved Business Impact Mitigation Plans for BRT Project Construction Bid Packages #1, 2 & 3 (BIM-Ps), Stage Construction and Traffic Handling Plans for Bid Packages #1, 2 & 3, and/or listed under the AC Transit Business Support Activities Program, such as noise, dust, restricted visibility and/or access, on-street parking
3.
suspensions, and traffic detours. Direct Permanent Construction Impacts: for the purposes of the BRT Project-funded Business TA Project include post-construction impacts described in the FEIS/FEIR, the approved BIM-Ps, and
I
or the final plans,
specifications and estimates for Bid Packages #2 and #3, such as driveway closures, restricted visibility and/or access, parking displacement, new traffic rules, increased traffic congestion, etc. Under the City of Oakland Business Sustainability Program (BSP)- Technical Assistance Element, Indirect Impact includes a BRT Project economic impact not covered by the AC Transit Business Impact Mitigation Plan (as summarized above). OBDC will work with the City of Oakland to conduct an economic impact analysis, define and quantify the set of indirect BRT impacts, and develop criteria for eligible businesses based upon needs assessments and community outreach.
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SR 15-211
Attachment 1
Objectives: The objectives of the Business SustainabHity Program- Technical Assistance Element are to: 1.
Mitigate BRT Corridor Indirect Impacts on business operations
2.
Prepare impacted business to access additional resources or financial assistance if they meet the eligibility
3. 4.
Increase business capacities and productivity Avoid business relocation and closure
criteria
Strategies: In order to fulfil the objectives listed above, OBDC Small Business Finance (OBDC) will work with the City of Oakland and AC Transit to: 1.
Define Indirect Economic Impacts not covered by the AC Transit Business Impact Mitigation Plan
2.
Make businesses along the BRT corridor aware of BSP technical assistance services
3.
Encourage businesses to utilize the BSP technical assistance services by communicating the benefits of the services and customizing the services to individual business needs
4.
Conduct business needs assessments to determine how specific businesses experience indirect impacts
5.
Provide workshops and in-depth one-on-one consulting to develop and implement solutions which
6.
Create an online merchant directory of businesses along the BRT Corridor to help business market their
address indirect impacts services and maintain customer interaction both during and after construction 7.
Utilize third party data sources to get baseline information to allow for comprehensive impact assessment
Program Description: The BSP technical assistance services will be available to all businesses along the BRT Corridor, which includes businesses within one block of the BRT route. Technical assistance services will start with a major outreach and assessment campaign followed by direct one-on-one business follow-ups. BSP technical assistance services will include one-on-one business consultation and workshops that will help businesses develop strategies to mitigate Indirect Impacts. A primary goal of the BSP technical assistance services will be to meet with as many businesses as possible and conduct financial and operational needs assessments ("Needs Assessments) for the purpose of developing customized mitigation strategies. The BSP Technical Assistance services will also help prepare businesses to access additional resources or financial assistance if they meet eligibility criteria. Notably, some business owners may not want to work with a private consultant, but may still seek information about how they can prepare for and protect their business from Indirect Impacts. Therefore, it is important that the BSP Technical Assistance services also include workshops where businesses can receive information about mitigation strategies. Service Delivery and Database of Businesses OBDC has begun creating a database of the businesses that exist along the BRT Corridor in order to determine the types of consulting services and workshop that will be most appropriate. While the City of Oakland and other data sources have contact information for many of the businesses along the BRT Corridor, the information does not include the type of industry in which the business operates or the primary language that the business owners speaks. During OBDC's initial calling program of businesses along the BRT Corridor, OBDC has confirmed that the business owners are highly diverse, speaking several languages and operating in a variety of industries. See tables below:
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S R 15-211 Attachment 1
OBDC BRT INITIAL TELEPHONE SURVEY Sll.mm.l!y of Businesses Contacted 1215)
By Location
Nerghborhood 1 Downtown Oakland 2 Chinatown 3 East Lake 4 San Antonio 5 Fruitvale 6 Havenscourt/Lockwood 7 Hegenberger 8 Elms hurst 9 San leandro 10 Unknown #
Beginning Stree1 19th & Broadway 14th & Harrison Lakeshore Avenue & 11th St 14th & International 22nd Streeet & International 45th/Bancroft & International 57th & International 86th & International lOSth/Cambridge & International
to
-
-
Ending Street 14th & Harrison lakeshore Avenue & 11th St 14th & International 22nd Streeet & International 45th/Bancroft & lnternatronal 57th & International 86th & International Blvd 105th/C.mbrldge & lntern•Uon• l Davis Street
OBOC BRT INITIAl TELEPHONE SURVEY
Summary of Buslnesm Reached 1105)
By Language Spoken
language English Spoken Spanish Only VIetnamese Only Chinese Only Hang ups GRAND TOTAl
H
% of Total 88 83.8% 10 9.5% 4 3.8~ 1 1.0% 2 1.9% lOS 100.0%
Page A-3 of 7
191
Significant Cultural Elemen ts Total Total of Business District Called Reached Diverse 73 31 2 Mandarin & Can tonese 3 Mandarin, Cantonese, Vietnamese 35 21 Vietnamese 11 8 Spanish 41 22 Spanish, African American 9 5 Alrlcan Amerl~an 16 8 African American 12 4 Diverse 9 3 7 0 105 GRAND TOTAL_215 =-......;=
SR 15-211 Attachment 1
OBDC BRT INITIAL TELEPHONE SURVEY Summary of Businesses Called (2151
By Industry % of
II
Industry
Total
Restaurants
46
21.40%
Retail
25
U.63%
Social Service
19
8.84%
Busi ness Services
17
7.91% (a)
Lega I Services
17
7.91%
Auto-Related
12
5.58% 4.19%
Contractors
9 8
Financial
8
3.72%
Grocery/~arkets
8 7
3.72%
Audio-Visual Furniture
7
Real Estate
6 4
2.79%
Cellular Telephone Services ~edical
4
1.86%
Engineers
3.72%
3.26% (b) 3.26% 1.86%
Travel Agencies
4
1.86%
Bakeries
3
1.40%
Cleaning Services
Apartments
3 2 2 1
Arts
1
0.47% 0.47%
Funeral Homes
1
0.47%
Shopping Center
1
0.47%
215
100.0%
~anufa cturing
Textile
TOTAL
1.40% 0.93% ( c) 0.93%
(a) Business services includes consultants, graphic designers, IT public relations, recreation, and alarm systems. (b) Audio-visual includes satellite equipment, broadcasting, and video production. (c) Manufacturing Includes metal fabricators and manufacturers.
In addition, OBDC will work with the City of Oakland to finalize the criteria for businesses that will be eligible for BSP additional assistance. Part of this process will be determining which business may be vu lnerable to the BRT Corridor Impacts summarized In the " Background" section above. Thus, another part of the inventory process will be identifying which businesses are located near these Impacts such as next to an enhanced media station, or experienced change of parking or loading zone in front of business, etc. Staffing: In order to reach the maximum number of businesses along the BRT Corridor, while at the same time ensuring that technical assistance services are customized to individual business situations, OBDC will use a combination of independent on-call contractors and full time staff.
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SR15-211
Attachment 1
Independent Contractors: Given the diversity of number and types of businesses as well as the different cultural communities along the corridor, OBDC feels that is most effective to work with Independent contractors in order to provide the required flexibility and ensure that the most appropriate business resource is matched to a specific business owner's needs. The contractors hired for the BSP will have different language capabilities as well as e>~pertise in a variety of business subject matters areas, as detailed below: •
BSP Community Outreach Managers: OBDC will hire BSP Community Outreach Managers (COM) as independent contractors to ensure that each cultural community is made aware of and is positioned to receive BSP technical assistance services. o o
The roles and responsibilities of the COMs are as follows:
To raise awareness about the availability of BSP technical assistance services To help coordinate business outreach and serve as points of contact for eligible businesses seeking BSP technical assistance.
o
To be in constant interaction with the community and identify businesses that need and are interested in receiving BSP technical assistance.
o
To conduct individual needs assessments to determine how BRT construction has created indirect impacts to businesses
o
To work closely with the Business Advisors and Subject Matter Expert (roles described below) to address the indirect impacts identified in the needs assessment
o
To design and deliver workshops that are best suited for the community
o
To speak in the language that the business owner is most comfortable speaking, including Spanish, Mandarin, Cantonese and Vietnamese
In addition to working with individuals, OBDC may also partner with existing organizations working with merchants along the BRT Corridor to provide the community outreach services listed above. •
BSP Subject Matter Experts:
OBDC will hire BSP Subject Matter Experts (SME) as independent
contractors to deliver specialized technical assistance that address the indirect impacts businesses along the BRT Corridor.
e>~perienced
by
The SME will work one-on-one with businesses as well as develop
workshops in their particular areas of expertise. These Subject Matter Experts could help businesses in areas includ·1ng, but not be limited to the following: o
Customer retention and growth strategies
o
Designing alternative means for maintaining customer interaction
o
Developing revised business models to fulfill customer service needs
o
Assisting with innovative marketing strategies to maintain customer connections
o
Utilizing technology and online strategies
o
Developing changes to physical locations to enhance customer access or service delivery
o
Finding cost savings and operational efficiencies
o
Maintaining profitability and cash flow management
o
Utilizing bookkeeping and record keeping systems
o
Formalizing the businesses to gain access to additional resources
o
Providing industry specific expertise such as automotive, restaurants, retail, and other corridor
o
Transitioning businesses to a new owners in order to ensure that it remains viable over the long-
industries operations term To date, OBDC has hired the following individuals to assist with community outreach:
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SR 15-211
Attachment 1
•
Diane Lewis- Has previously done community outreach in the neighborhoods of Havenscourt/Lockwood, Hegenberger and Elmhurst.
•
Lauren Aida Salazar- Native Spanish speaker targeting Spanish speaking business owners.
•
Dan Galland- Speaks Mandarin targeting Mandarin speaking business owners.
•
TBD:
OBDC is reviewing application materials for an individual that speaks and writes Mandarin,
Cantonese and Vietnamese. This person would target business owners that speak these languages.
Full Time Staff: OBDC will hire and leverage two full-time staff as Business Advisors to develop long-term relationships and work one-on-one with businesses along the BRT corridor to develop and implement action plans that address their specific operational impact as identified in the Needs Assessments. The Business Advisors will work closely with the Community Outreach Managers and the Subject Matter Experts to ensure that a business receives the in-depth customized attention required for their specific impact and business operation. The Business Advisors will also help businesses: 1.
Prepare to access financial assistance if they meet the eligibility criteria.
2.
Become a part of the Merchant directory to help market their business during and after BRT Corridor construction
Business Advisors will also participate in the Community Outreach Activities discussed above. hired the following individual: •
To date OBDC has
Karla De Leon - Native Spanish speaker. Will work with both Spanish and English speaking business owners.
Finally, OBDC will utilize the following two additional independent contractors 1.
Bruce Jobson- hiring and human resource needs
2.
Technology vendor- to assist with the technology objective
OBDC Oversight Role: OBDC will be responsible for designing, implementing, and managing the BRT technical assistance program. Its roles and responsibilities include: 1.
Designing and delivering the BSP technical assistance services
2.
Interacting with AC Transit and the City of Oakland Community Outreach Managers and other personnel to ensure that the BSP Technical Assistance services and other BRT Corridor services to businesses are well coordinated
3.
Working with the City and AC Transit to finalize the eligibility criteria for BSP technical assistance services and other future financial programs developed to help impacted businesses along the BRT route
4.
Recruiting, hiring and managing the BSP technical assistance staff and Independent contractors
5.
Building community ties to raise awareness about the program
6.
Creating a communication strategy about the program
7.
Maintaining a technology system to provide service delivery including: a.
Tracking the number and type of technical assistance service that is requested
b.
Registering the businesses receiving service
c.
Recording consulting sessions and workshop attendance
d.
Capturing impact and performance data
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SR15·211 Attachment 1
e.
8.
Tracking business satisfaction
Customizing its current technical assistance curriculum and designing new curriculum as appropriate to assist BRT businesses
9.
Providing business access to the right resource depending upon their business need
10.
Maintaining close community contact to ensure that businesses are getting the support they need
11.
Ensuring the program remains in compliance with fiscal and other requirements by conducting necessary audits, documenting invokes, etc.
OBDC will also provide a quarterly report on the following activities
1.
Public outreach and communication
2.
Technical assistance services provided
3.
Requests for business assistance and responses
4.
Number of business openings, closings, relocations
5.
Number of jobs created, retained or lost
6.
Revenue growth
or declines
Budget- Summary and Detail Provided In Exhibit 1
PageA-7of7
195
SR 15-211 Attachment 1
EXHIBIT 1
OBOC BRT Technical Assistance Program
BUDGET 1
2
3
3 (a)
Full-Time Personnel (FTE) Name Title -Paula Groves Program Director - Karla De Leon Lead Business Advisor - TBD Business Advisor - Jacob Singer President & CEO - Jackie Maxwell VP Administration - William Ong CFO - Joyce Woodrow VP Operations Marketing Specialist - Katie Taylor Sub-total Personnel Staff Expense (FTE) Overhead allocations - Independent Contractors {I C) - Community Outreach Managers -- Diane Lewis (Havens./Hegen./ Eimh.) Community Outreach Manager 1 ·- Lauren Aida Salazar (Spanish Language) Community Outreach Manager 2 -- TSD (Mandarin, Cantonese, Vietnamese) Community Outreach Manager 3 - Subject Matter Experts & Community Partners To be determined - Human Resources (Bruce Jobson) - Technology Infrastructure Sub-Total -Independent Contactors Sub-Total Personnel (FTE & IC) Overhead allocations - (Other) · Printing ·Postage - Rent · Telephone - Legal • Financial Audit · Travel - Equipment - Supplies - Allocated Insurance Sub-total Overhead Other GRAND TOTAL %fringe amount:
Time Allocation 75.30% 100.00% 100.00% 32.19% 3.13% 2.22% 3.05% 6.12%
3 year salary b4 Fringe $ 345,000 $ 175,637 169,056 500,850 234,000 $ 330,000 264,000 $ 180,000
s s s s
Salaries b4 Fringe Salaries & Fringe Benefits (a) Fringe 346,360 259,770 $ 86,590 $ 58,546 $ 175,637 234,183 169,056 $ 56,352 $ 225,408 161,230 $ 53,743 214,974 2,438 7,313 9,750 7,313 2,438 9,750 8,063 2,688 10,750 11,018 3,673 $ 14,690 $
s
s s s s s
s
s s s s
$2,198,543 $
799,397 $
s s
181,924 $ 181,924 181,924
100% $ 100% $ 100%
s
181,924 181,924 181,924
s
s s
s s s s s
s $
s s s
$ $
s $ s s
$ $
s s s
115,453 78,061 75,136 71,658 3,250 3,250 3,583 4,897
355,288
181,924 $ 181,924 $ 181,924 $ 217,000 $ 14,567 $ 8,650 785,987 1,851,850 $
60,641 60,641 60,641 72,333 4,856 2,883 261,996 617,283
s
$ $ $
2,785 653 10,400 3,000 2,000 6,750 1,001 1,200 500 5,000 33,289
$
650,573
s s
8,355 1,960 31,200 9,000 6,000 20,250 3,003 3,600 1,500 15,000 99,868
$ $ $ $ $ 1,951,718
196
$ $
$ 266,466 $ 1,065,863 $
s s s s
25.00%
Annual Amount
$ $
s $ $ $
s
SR 15-211 Attachment 1
OBOC BRT Technical Assistance Pr ogl'ilm BUDGET Hours by Activity Summarized below:
• 1
P~rsonnet
Average
Obte:tJve Coorodnate w'oth Otv ;ond AC tnnsll to to et~SVre opttmal service clellve(V
Toslu
Hours
Oty and AC Transit meetinc & coorclinatoon
Hourly Rate 250 s 65
Other
eo.u
Tota l
16,250
Personne l 16,250 Pr&{llr UIA
TOUI
$
Via rqular meetln&$. lnformatlon shanna and sotnt sponsorship
Finalize Inventory of ~II businesse< on the corridor In order to provide customized TA ond to create eng,blllty uiteria for additional assirt•nce based on Indirect Impacts
8A CEO COM-1 COM2 COM • 3
Subtotal Busln= database completion & maintenance
SIJbtotal 1
O"at e the swvey to bt> uSt>d to conduct
Buslness Needs Asse.ssrnenuurvey
one-on-one business
- Survey d~lfl & developm.,nt -Tabulation & neporting
needs assessments to d"wmi~ the tyl)f! of c11Stom12ed TA a buS!rtess may need to prepare tor and sunftVe Impacts
"
Make Council Rec.ommendatlon on how ~dditoonol r.nonctol re:$0Urce.~.
cal'! ~ u~ed to addre.-~s
lndtrect Impacts
Printing (2,000 ~ $0.25) SUbtotal Analyze Needs AsSI!ssment data and conduct community meetings 10 gati'oe• informn1on on how best to use adclltloroal fina ncial resoUIU$ can oddness Indirect Impacts
Subtotal 5
6
7
Create ~warene.ss of SSP technic. I ~sslstance
Marl
program tly preparing collateral material$
·Cont ent development
and content
-develop collateral mate rials -develop OBOCwebslte content -develop moilers and leave bt>hlnds for businesse,s
Deliver SSP lechnlcal assistanc~ seovic:es via Subject matter ewp"ru a nd community
Prlntin& (2,000 x $0.25) Mailing (2,000 x 50.49) Subtotal 8A & COM reauit,.,nt & hi""& -Job description wntinr; & J>OS"nt -£valuate responses - lnteoview & selection - Training SIJbt otal SME & Comm Partner r"crultment & hiring -Job descnption wrltlng & posting
partners
- Evaluate r6pOn$es
Hire workohop Instructors to
- Training Subt otol Workshop instructor recruitment & hlrlnc
Dehver 8SP technlc:ol assistance St>IVioes 1r1a Communoty Outre.cl't Maoaren artd Buslrtess /ldlllsors
- lntervlew
8
& selection
250 1,000
1,000
s s
300~
300
s
s s
65 65
600 $
$ $
s
65.000 19,.500 19,.500
s 600 $
s
16,250 65,000
65
39,000 $
65 5
39,000
$
s
s s
39,000
500 500
s s $
s
s
39,000
s
500 5
65 5
32,.500
s s
600
16,250 65,000 PrgDtr l8A SA CEO COM-1 COM2 COM - 3 65,000 PrcDtr 19,.500 l8A 19,500 8A CEO COM · l COM - 2 COM - 3
soo
500
5
s s
32.500
50 $ 100 $ 100 20 270
s s s s
50 100 $ 100 20 270 s
s s $
65 65
65 65 17,550
s s s $
s s s
65 65 65 65 $ 17,550 s 65 $
s
s
s s s
3, 250 6,500 6,500 1,300
s
17,550 $
$
s s
3,2.5 0 6,$00
s
6,.500
1,300 17,550
s
500 980 $ 1,480
$
s
s $
197
35%
s
Total
Independent
FTE
Contnctor
15% $
5,687.50 2,437.50
1.5" s$
2 ,437.50 2.275.00
14% 7% 7% 7%
35%
$
1, 137.50 .1.,137.50 1,137,50
s s s
22,750.00 9,750.00 15% 15% 9,750.00 14% $ 9,100.00 7%
s
7%
s
.1.3,650-00 15% $ 5,850.00 15% s 5,850.00 14% s 5,460.00 7% 7% 7%
s s s
32,500 PrgOir LBA 8A CEO COM • l COM - 2 COM-3 500 Prlnttnr 980 Ma~ 33.980 3,250 f>r&Dlr 6,500 CEO 6,500 HR 1,300
35% 15%
15% 14% 7% 7% 7%
35% 15% 15% 1~
4% 7% :114 7%
s
s s
s
s s
25.0% 25.1)% 25.0% 25.0%
25,0%
65,000
500
s
39,500
s s s
s
39,000
11,375.00 4,875.00 4,875.00 3,250.00 1,300.00
s s
$
33.980
$
17,550
$
17,550
2,730.00 2,730.00 2.730.00
2,275.00 ~275.00
2,275.00
34% $
33!4 33"
s
13,650.00 5,850.00 5,850.00 5,460.00
$
17,550 PrsDir 3,250 LBA 6,500 ceo 6,500 HR 1,300 17,550 Pr1Dir
s s s s
16,250
2,730.00 2, 730.00 2,730,00
Pnnt
P"!Dir 39,000 LBA SA CEO COM COM - 2 COM-3 39,000
$
4,550.00
s .;,sso.oo s 4,550.00
7%
35%
s
s
Toni Budge t
Matl
Pnnt
39,.500
l(atje
s
"
TirM
s
s s s s
5,967.00 5,791.50
s
500
s
980
5,791.50
4, 387.50 4,387.50 '1,387.50
s 4,387.50
4,387.50
SR 15-211
OBDC BRT Technical Assistance Program
Attachment 1
BUDGET 35sis":
witfo
BSP TA ,,,.,.1,.,
d•hv~cy
--Job ~~«:nptiQn wn">ng & pon1ng -·Interview & select1on - Tra~n•ng Subto"'i
~
10
Util,zo ,..chnolo!\1 :o moro off"'"""• '"'" inf
m and tcaok outcomes
l~form bu>'"csses
abo"tTA se"V><:es; co>np ete Needs A>sessmen!S to P"'P•re busine<&es for customized TA; gather information :
'"ss '"s '" '"
100 100 270
-~chnology 1nfranructu re
development . TA serv~ces web•ite content · TA serv.oe; website development ·on hoe TA services regl>lreking tool
Subtotal Community outreac~ to provide info · Conduct lf>one calls, mcc:withrommun1!y organ,1otio1S and busme>Ses
"
$
;; $ "
$
'" uo 2.000
$ $
~ ~ ~
s s s
~
$ 17,550 $ ~
s
3.150 6.500 6,500 1.300 17.550 2.275
"" 's
2.275
" s
" ' 13.650 65
and Dd (or may want botll) to 1nform b~sineoses obout TA se"'ices; camp.~!~ ~~c-ds Assessments to prepare businesses tor cus:omized TA, gather 1nlorma110n to help and to create eligibil1tv criteria for odditiooal ass«tance based on ind1rect cmpac" Do:!;~gn
$
s
$
s $ $
1.175
2.275
s $
dd\I~'Y
130,000
$
130.000
s s
65 65
s s
35,750 35.750
550 $
65
s
s
11.6% $
VPOps 2,275 COM-: 2.275 COM 2
$ $ $ $ $
2.275 COM Tech
63.4%
s
1,000 1,000 1.000 1.000 1,000
BC.ooo lBA
s
35%
s
8,65()
s
:5% $
s
15% 14% $
COM-: COM-2
~
COM-3
~
45,500 19.500 19.'>00 18,l00
~
s
~.100
's
9,100 9.10D
130.000
$
130.000
s
294.625
(3 mon~5)
Design
- curnc"lum outline flnalizat1on -training materials development - e""tcotion development Subtotol FTE
550
550 1.650
$
35,750
$ $ $
$
107.250
$
3SJ50 35.750 35.750 10"1,250
Prg01r l.BA
BA CEO
K•tle
COM·1
COM-2 COM-3 /ns/roctor payments
Workshop pre~araticm (15 hour>/worbhap) work,.uctor Poyment
1,500
~"
1,800
s s
S 5
97,500
19.500 117.000
$
'" s
37,53S 16,0€8 16.088
·~
10,725
15% $ 15%
s
"' "' "'"'
4,200
s s s
7.508 7,508 7,508
s
s.JOo S.JOO 5.000
s
97.500 PrgD·r 19.500 ll.lA
s
s
117.000 BA
""
$
COM ·2
s
COM·
87.000
lmtruoto,., (Subjoct M•tter Ewert>)
Support (lS attendee; per 100 worl<;hops = !SOO) .. workshopcoordin>tion (5 or
s
32,500
32,500 PrKO"
'"'
"'
Katie COM-
55
- Worl<•hop repar:ing (5 hoursfwockshop) - Tra,n.ng mater10ls pMting (!Dpp at .25/pg) - ?rint e_.l.,..toans (1p atSO.l5/poge]
Sub:otal Su.owrt Subtot
M.,.tone·On·one With ousines;es to conduct ~eeds Assessment; and create cc·s!amiZed plan> to address 0"''" and tnd1rect Impacts and access add,ional ""oucces ,f eligible
17,550
0.0% $
l3,650
"'
2,000 $
4.387.50 4,387.50 4,387.50
s
'" subtotal Worhfoop clesign &
$ $
ll.6%
PrgO~r
130.000
2~.0%
25.0% 25.0%
11.6% 11.6% 11.6% 0.0% 0.0%
cw
s
s
3.250 LBA 6,500 CEO 6.500 HR 1.300 17.550 2.275 PrgDir 2,275 LBA 2.l7S BA
1.275
,,,.,,nee
11
s
1,175
s
~
's
Worksho~
One-on-Qfle busone» consultations (4{]0 busire.,es for 40 hours each
$
1,000
4,450
$
16,000
$
265,250 $ 65
s
$ 5,000 $
65.000
'
$
5.375
s
259,250
$
5,375
$
32,500
ns s
n.soo coM· 2 5,000 COM· 3
"'
35% $ 15% 15% 14% $
s s
22,75C
9.75C 9.750 9,100
s
"'
""
$
4,550 4.550
s
4.550
$
s.ooo
70.375 Pnntlng
294,625
$ 1.040.000 >rg~ir
B% S
130,000
"' "'
13% $ :3% $
130.000
COM· 3
'"
em
'"
13% $
WM COM ·2
'"'
Subtotal
198
130,COO
s s s
B%
!3%
130.COO
s
130,000 130.000 HO,O:JO
130,000
$ 1,040,000
SR 15-211 Attachment 1
OBOC BRT Technical Assistance Program BUDGET l3
14
Fellow-up with businesses and community to soficit fe..dbac}( on ways to Improve the BSP TA procram
Collect informatoon from busiroeue• and community to report out,c omes of
TA prosram to Oty of Oakland Maon
CUstomer sotisfocllon survey (cl•cnts/attendees) - S
• Printinc (2000 x $0.25) · M•iling ($0.49 per contact) X 2000 S
• IC Invoking & Monocement
150 170
s
s sao s
65 65
$
s
s
s
820 $ 250 s 250 s 250 $ 250 250 s 250 $
s
53,300
65 65 65 65 65 65
s $ $ $
$
s
s
.111,490 $
s
97,500 1,851,850
s $
16,250 16,250 16,250 16,250 16,250 16,2.50
$ $
s s $
s 97.500 675,415
s s s
s
l.SOO
500 980
53,300 $
· Printing (2000 x 50.25) • Maolong ($0.49 2 per eon met) X 1,000
SUbtotal TomiHours
s
9,750 11,050 32,500
65
s
s
500
s
$ 1.480 $ 980
8,835
s
9,750 Preorr 11,050 LSA 32,500 BA CEO COM COM -2 COM·3 500 980 54,780 PfiOir 16,2$0 CEO 16.250 VP Ops 16,250 VP Admin 16,250 CFO 16,250 LBA 16,250 BA COM COM·2 COM·3 500 980 98,980 1,862,165
Ov
allocations· (Other) · R.ent ·Telephone • Lee• I • Financial Audit • Travel - Equipment - Supplies · Allocated lruurance Sub-total Overhead Olher GRAN01'0TAl
$
s $
s $ $
s s $ $
199
31,200 9,000 6,000 20,250 3,003 3,600 1,500 l$,000 89,553 1.951,718
35% 15~
15% 14% 7% 7% 7%
s s
s s
18,655 7 ,995 7,995 7,462
s
3,731
$
3,73,1
s
10% $ 10% s 10% 10% s 10% $ 10% 10% $ 10% 10% 10%
s s
3,731
s
500
s
$
54,780
$
98.980 1,862,165
9,750 9,750 9,750 9,750 9,750 9,750 9,150 $
s $
9,750 9,750 9,750 5
500
s s
980
1,046,363
s
756,737
s 7,375
980
$1.~
s
This page intentionally blank
200
Report No: Meeting Date:
15-196a September 16, 2015
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
Kathleen Kelly, Interim General Manager
SUBJECT:
Regional Transportation Plan Project Addition - Bay Bridge Contraflow lane
ACTION ITEM RECOMMENDED ACTION{S): Consider authorizing the Interim General Manager, or her designee, to submit an additional project request to the Metropolitan Transportation Commission (MTC) for the update of the PlanBayArea Regional Transportation Plan (RTP). EXECUTIVE SUMMARY: The MTC is updating the PlanBayArea RTP, and has requested updated project submissions through the county Congestion Management Agencies (CMAs). At the July 29, 2015 Board of Directors meeting, the Board approved the project list recommended in Report 15-196 for inclusion in the RTP. Staff developed the list under the assumption that MTC would be responsible for including the Contraflow Lane project in the RTP due to th eir role as the Bay Area Toll Authority (BATA). Through subseq uent discussions, however, it has been determined that the District will be responsible for entering this project into the RTP database. As this is considered a regional project, meaning that it spans more than one county, it is only eligible to be in the RTP and not in the Alameda County Countywide Transportation Plan (CWTP). BUDGETARY/FISCAL IMPACT: There is no immediate budget impact from submissions to the RTP. Any request for funds for this project will likely require some amount of matching funds after MTC ha s concluded its Core Capacity Study. Staff will return to the Board if matching funds are required in excess of the budget authority of the General Manager.
BACKGROUND/RATIONALE: In March 2015, MTC announced the updating of the PlanBayArea RTP along with the required inputs for projects, operating projections, and capita l asset inventories. The update will further develop the existing plan and refine particular elements. The project inputs for the RTP will go through the CMAs, unless a project spans more than one county, in which case it wou ld go directly from the project sponsor to MTC. The inclusion of projects in the RTP does not guarantee funding, but does allow a project to seek federal and state funding. The PlanBayArea update will use the same target year - 2040- as the original, giving it a 23-year span. The RTP
201
Report No. 15-196a Page 2 of 3
must be updated every four years, so if the District is unsure of a particular project in the outer years of the plan, it will have another chance to submit the project in 2021. The operating projections and capital asset inventories were submitted directly to MTC at the beginning of July. The operating projections were based on the draft Short Range Transit Plan that was reviewed by MTC, and the asset inventory is an update of what was submitted to MTC in 2011 for the original PlanBayArea. The asset inventory and the operating projections are combined with other agency submissions for regional plan estimates and projections, and will not have a direct effect on AC Transit funding in the near term. Because the RTP and CWTP represent 25 year plans, staff approached the project submission as those that help the District achieve its overall mission over that timeframe. Staff also strives to ensure that the District's expansion projects help improve the service so that AC Transit remains competitive in the marketplace, while providing the best possible service to the District's diverse constituents. This includes projects that modernize and upgrade District assets to allow the District to provide faster, more reliable and more convenient service. The initial project list presented at the July 29, 2015 Board of Directors meeting in Report 15196 did not include the Bay Bridge Contraflow lane project based on staff's assumption that the MTC would be responsible for including the project in their role as the BATA. Though the MTC supports this project, it has been determined that the District will be responsible for submitting this for the RTP update. As this project spans more than one county, it is not required to go through the CMAs and can instead be submitted directly to the MTC. The projects chosen are those most consistent with existing District policies and the current draft Short Range Transit Plan. Additionally, these projects have the greatest likelihood of beginning in the four-year window before the next CWTP and RTP updates. As per Board policy, staff would return to the Board for any new grant funds sought for a particular project, and will keep the Board apprised of the status of these projects. ADVANTAGES/DISADVANTAGES:
There are no disadvantages staff can identify to submitting the project lists. ALTERNATIVES ANALYSIS:
The alternatives available are mainly which specific projects to submit. Projects that are not submitted are ineligible for inclusion in various planning or programming documents, which will likely harm the funding prospects for the projects. PRIOR RELEVANT BOARD ACTIONS/POLICIES:
None
202
Report No. 15-196a Page 3 of 3
ATTACHMENTS: 1: Revised RTP Project list
Executive Staff Approval: Reviewed by:
Prepared by:
James D. Pachan, Interim Chief Financial Officer/Chief Operating Officer Denise C. Standridge, General Counsel Robert del Rosario, Director of Service Development Jim Cunradi, Transportation Planning Manager Chris Andrichak, Manager, Capital Planning & Grants
laramie Bowron, Senior Capital Planning Specialist
203
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204
In Prior RTP County
Project Title
Description Implement a contraflow lane on the Bay Bridge to improve transbay service reliability.
Timeframe
Total Cost
2016-2030
$150 million
orCWTP?
Regional
Bay Bridge Contra Flow Lane
Regional
San Pablo Transit Corridor Improvements
Rapid or BRT improvements on San Pablo and MacDonald corridors in Alameda and Contra Costa County.
2016-2026
$270 million
Ye>
Regional
New Operating Facility· Phase 1
Phase 1 would include the purchase of land and environmental studies required for relocating operations in a new location.
2016·2030
$93 million
No
Contra Costa
Expansion Buses
Procure buses for service expansion.
2016-2030
$7 million
Ye>
2016-2030
$23.5 million
Yes
Contra Costa
Transit Preferential Improvements
No
Transit preferential treatments in CC County along Cutting,
in Contra Costa County
MacDonald, San Pablo Dam Road, and other arterials. Includes signals, transit signal priority, bus bulbs, stop relocations.
Contra Costa
Technology Upgrades
Additional projected technology upgrades including off board fare payment, upgrades to computer storage, upgrades to scheduling system and promotion of electronic fare media usage.
2016-2026
$3 million
No
Alameda
College/Broadway Improvements
Further improvements along College/Broadway (Line SlA/B) corridor. $10 million allocated in Measure BB.
2016-2026
$10 million
Ye>
Grand-MacArthur Service
The Major Corridors Study will provide preliminary recommendations for impr-ovements in the sections of this corridor. Further study and engineering would be required to bring those recommendations to
2016-2026
$6 million
Ye>
2016-2018
$178 million
Yes
2020-2030
$50 million
No
2016-2030
$103 million
Yes
2016-2026
$5 million
No
Alameda
Enhancements
implementation. $6 million allocated in Measure BB. Alameda Alameda Alameda Alameda
The BRT project is not yet complete, and will be re-submitted for the RTP and CWTP. East Bay Bus Rapid Transit Extension Extend East Bay BRT to Bay Fair BART. Originally proposed EBBRT to Bay Fair BART alignment. Procure buses for service expansion. Expansion Buses Study service and capital enhancements for Dumbarton Corridor and Dumbarton Corridor Study and initial engineering and environmental work for resulting project Development recommendations. East Bay Bus Rapid Transit
205
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206
PLANNING COMMITTEE
September 16, 2015 Agenda Items C-2 – C-3
207
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208
Report No: Meeting Date:
15-218 September 16, 2015
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Planning Committee AC Transit Board of Directors
FROM:
Kathleen Kelly, Interim General Manager
SUBJECT:
Service Expansion Plan Public Hearing
ACTION ITEM RECOMMENDED ACTION(S): Consider setting a Public Hearing on November 11, 2015 at 2:00PM and 5:00PM regarding: 1. The Service Expansion Plan (SEP), including service on new streets 2. The Environmental Document for the SEP
EXECUTIVE SUMMARY: Staff is requesting that the Board set the Public Hearing date for the proposed SEP and the associated California Environmental Quality Act (CEQA) analysis on November 11, 2015. The SEP is based upon a set of guiding principles that aim to significantly improve transit service for new and existing bus riders. Through the use of Measure BB revenues and the reallocation of service hours from unproductive route segments, Staff is able to increase span and frequency on both weekdays and weekends, and improve reliability through simpler route design and schedules that better match current traffic conditions. In addition, Staff is able to develop a Frequent Network of routes at 15-minute frequency or better that provides new and existing riders with more opportunities to get to multiple destinations within a reasonable timeframe. In order to complete the network, the SEP will include proposals for service on new streets. Staff has conducted three rounds of outreach prior to development of the current draft of the SEP being considered under the Public Hearing. The outreach provided staff with feedback on developing the guiding principles and three iterations of plan recommendations. Though the SEP includes recommendations for the entire East Bay service area, the Board will not consider recommendations in Special District 2 under this Public Hearing. Rather, Staff will defer Special District 2 recommendations for approval until next year upon completion of the Flex Service Pilot. Recommendations for West Contra Costa County are included in this Public Hearing but are unfunded since Measure BB revenues are not eligible for use in Contra Costa County. With Board approval, Staff intends to begin implementation of the SEP in 2016. Staff plans to phase-in implementation contingent upon available financial and operational resources. The plan included in this report represents the complete range of possible recommendations. 209
Report No. Page2of8
15~218
Approval of the full plan provides Staff with flexibility to implement what is feasible given the District's operational constraints and fiscal limitations. The implementation plan will detail the feasible recommendations.
BUDGETARY/FISCAL IMPACT: Staff developed the SEP based on revenues available through the passage of Measure BB in 2014. Based on the Alameda County Transportation Commission's (ACTC) estimated $29.9 million in projected annual revenue for AC Transit from the sales tax in fiscal year 2016~17, Staff developed a plan that uses up to 85% of the revenues toward service expansion in Alameda County. The remaining funds would be used for capital items related to providing service. This equates to $25.4 million annually or 249,874 platform hours assuming an hourly rate of $101.82. Included in the total hours are 3,760 annual platform hours for service recommendations in Special District 2 that are not the subject of this proposed hearing. In addition to the hours proposed for Alameda County, 28,100 annual platform hours are included for West Contra Costa County; Measure BB funds are not eligible for use in that area. This increase in platform hours equals a 14% increase in service for Alameda County and would bring service levels for the District back to pre-2010 levels. If the Board approves these recommendations, Fiscal year 2016~17 will be the first full year of implementation. Staff anticipates that both the hourly rate for service and the projected revenue from Measure BB will increase each year.
BACKGROUND/RATIONALE: Development of the SEP In the Fall of 2014, staff conducted the initial round of public outreach for the SEP (formally titled the Comprehensive Operations Analysis or COA}. The purpose of the outreach was to solicit feedback about existing service, explain common trade-offs in transit and discuss high~ level proposals for service expansion/restoration. Staff presented the results to the Board in January of this year. As a result of the outreach, findings from the original 2012 COA process under the Metropolitan Transportation Commission, Board Policy 550, and best practices in transit planning, staff developed a set of guiding principles to serve as the basis for the service improvement recommendations. These include: • Improve reliability • Improve frequency • Increase access to frequent service • Increase connections to key destinations and high density neighborhoods • Improve network legibility and simplicity • Increase span of service, particularly on nights and weekends • Establish consistent weekday and weekend routing
210
Report No. 15-218 Page 3 of 8 From the guiding principles, staff developed the SEP, which meets the criteria above. Improved reliability, legibility and frequency are achieved through: • Establishing a Frequent Network of routes with 15-minute frequency or better that enables riders to travel to a multitude of destinations in a reasonable amount of time • Eliminating confusing circulator loop routes • More runtime for route segments with poor on-time performance • Creating shorter and straighter routes that are easier to operate and keep on schedule • Simplified trunk corridor route design to reduce the number of overlapping routes • Establishing common endpoints for routes for more efficient road supervision, access to operator restrooms, and improved transfer points • Replacing 40 and GO-minute frequency routes with 30-minute frequency routes where feasible • Proposing limited stop-spacing along Telegraph Avenue, E. 14th Avenue and San Pablo Avenue north of the El Cerrito Del Norte BART Station to reduce dwell time As a result, the SEP proposes changes to, or elimination of, 45 existing routes and the creation of up to 56 new routes, depending on the selection of alternatives. The table of these changes is included as Attachment 1 and individual profiles of each new route are included as Attachment 2. The SEP also proposes adding service to new street segments that the District currently does not operate on in order to create a comprehensive and robust transit network. Per Board Policy 163, the Public Hearing must incorporate consideration of these new street segments. Staff has included a list of the new street segments in this report as Attachment 3. Southern Alameda County/Special District 2 Proposals Though the SEP includes proposals and hours for South County/Special District 2, they are not being considered under the Public Hearing at this time. Staff plans to implement a one-year Flex Service Pilot in Newark later this year to test the concept prior to considering full roll-out. Upon completion of the Pilot, Staff will evaluate the results and bring a set of SEP service proposals to the Board for consideration to implement in the second half of 2016. The proposals may or may not include the original SEP recommendations for Flex service, depending on the evaluation. West Contra Costa County Proposals The SEP recommendations considered for this Public Hearing include six route proposals for West County. With the exception of the improvements to the San Pablo Corridor, these proposals cannot be implemented with Measure BB revenues from Alameda County. As a result, these proposals are currently unfunded and are not included in the total plan hours identified above. Staff is looking at potential funding from revenues generated by the State's Cap and Trade Program or the possible Contra Costa County half-cent sales tax increase currently under consideration for a public vote in 2016. Given that half of the San Pablo Corridor is in Alameda County, Staff is able to propose improvements to the 72M and 72R under this Public Hearing.
211
Report No. 15-218
Page 4 of 8
Transbay Proposals The SEP recommends changes to the three all-day Transbay routes (the F, NL and 0) since they
each have a strong local ridership component. In addition, Staff proposes changes to the J Route in order to better complement the proposed change to the F. Though there are peakhour capacity issues on many of the District's other Transbay routes, Staff elected not to include proposals to improve Transbay service under this plan for a number of reasons: 1. The SEP aims to build a strong local network, independent ofTransbay service
2. There are a number of Express Bus studies underway in the region, including the Core Capacity Transit Study, that will develop capital and operating recommendations for Transbay service. Staff will defer to and actively participate in those studies to develop a plan for improving Transbay service. 3. In the interim, Staff will: a. Continue to manage Transbay loads given our limited resources b. Look for opportunities to increase peak Transbay trips c. Begin the procurement for double-decker buses City of Alameda Alternatives Under the SEP, Staff has included six route proposals for the City of Alameda, two of which are cost-neutral proposals. The remaining four proposals are alternatives that serve different streets and purposes on the island. They include: •
New service along Buena Vista to serve the Northern Waterfront developments
•
New service along Encinal to the Main Street Ferry Terminal
•
Increased frequency along Shoreline and Otis to the Main Street Ferry Terminal
City of Alameda Staff support the proposal for new service along Buena Vista to serve the new developments. Under this proposal, AC Transit would enter into an agreement with the City and the developers to receive developer fees to pay for a portion of the service. This is consistent with the City's plans to mitigate traffic generated from new development. The City would also consider implementing its own funded and operated six-month pilot shuttle from Webster Street and Atlantic Avenue to the Main Street Ferry Terminal as a test in order to gauge the need for permanent public transit to this destination. Additionally, there is interest from members of the public and the Water Emergency Transportation Authority (WETA) to serve the Main Street Ferry Terminal with District resources due to growing ridership and demand. The alternatives to increase frequency along Shoreline and Otis are based on Staff's desire to better serve the densest residential neighborhood on the island. As the Board considers approval of the SEP through the Public Hearing process, it will need to select one of the three alternatives above to implement in order to remain within the plan
budget. Bus Rapid Transit Service Plan In anticipation of construction of Bid Package #3 for the Bus Rapid Transit (BRT) project, Staff intends to mitigate for construction impacts by advancing the BRT Service Plan under the SEP. 212
Report No. 15-218 Page 5 of 8 This creates a: • •
Single separate route along Telegraph between Downtown Berkeley and Downtown Oakland Single separate route along International between Downtown Oakland and the San
•
Single separate route along E. 141h between the San leandro BART Station and the
Leandro BART Station Hayward BART Station
With this route structure in place, delays and detours due to BRT construction will only impact service along International Boulevard instead of the entire 1/lR corridor.
Staff considered a route that traverses the City of San Leandro from north to south as suggested in the conditions of approval established by the San leandro City Council when approving the BRT project. However, Staff does not believe this is feasible. In order to avoid duplication, create a logical end-of-line for operators and passengers, and reduce cost, Staff is proposing to terminate the northern end of the route along E. 14th at the San Leandro BART Station. Staff shared this proposal with the San Leandro Council on September 8 and did not receive significant feedback. Summary of Outreach Process After generating the initial set of draft recommendations for the SEP, staff conducted a second round of public outreach in March of 2015 to solicit feedback. For this round of outreach, Staff hosted five public meetings in the cities of: • Richmond • Berkeley • Oakland • Hayward • Fremont In addition, staff was invited to present the draft recommendations to key stakeholder groups and public committees throughout the District. Based on feedback from these meetings, Staff developed a revised draft of the SEP recommendations and conducted another round of public outreach in June and July to receive more feedback. This round of outreach focused on distribution of information through electronic communications, events and key stakeholder meetings. A list of all outreach meetings and events for the SEP is included as Attachment 4. In total, Staff attended forty meetings and events. In addition to external outreach, Staff presented the draft recommendations to the Amalgamated Transit Union (ATU) Local192 Drivers Committee and Executives. This round of outreach generated nearly 600 comments for Staff to review and make adjustments to the plan accordingly. Comments were generally supportive of the increase in frequencies and expansions of night and weekend service, planned improvements to on-time performance and extensions to new destinations. Most negative comments pertained to
213
Report No. 15-218 Page 6 of 8 eliminated route segments. Some commenters expressed concern about additional transfers, particularly along routes between East Oakland and North Oakland/Berkeley. However, most commenters favored splitting the "loop" routes to improve legibility. The result is the final draft for consideration by the Board through this Public Hearing process. A summary of Staff's response to comments from the third round of outreach is included as Attachment 5.
In advance of the Public Hearing, Staff will host a series of community meetings and distribute both paper and electronic materials to solicit formal public comments in order to facilitate the
Board's decision on the SEP. Next Steps Implementation Plan The complete SEP, including Special District 2 and West Contra Costa County recommendations, will require the following resources:
• •
30- 40 additional buses, including a 20% spare ratio Maintenance and Yard capacity for the new vehicles
•
160 additional operators including Extra Board operators
Since the District is nearly at operating capacity, we will need to build-up resources in order to reach these targets. This includes: • Optimizing the the number of buses through the run-cut process • • •
Maximizing the capacity at the bus divisions Re-opening the Richmond Bus Division Awaiting fleet expansion of fifteen buses in calendar year 2016
• • •
Developing a capital plan to support operations of the SEP Delaying retirement of buses until the District acquires additional fleet expansion Constant hiring of operators and mechanics
Following the Public Hearing, Staff will provide an implementation plan in December that considers these constraints. The plan will likely include a phased implementation process with temporary stop-gap measures until the District has the full complement of resources to operate all of the recommendations in the plan. If the Board approves the SEP in December of this year, Staff will have the opportunity to begin implementation in March of 2016 in conjunction with the Spring Sign-up. The implementation plan will also include a route numbering convention for new routes that will make the routes distinguishable and easy to remember. The route numbers used for the proposals in the SEP are only placeholders and used for planning purposes only. Any proposal with a route number that is preceded by a letter in this plan denotes a new route. Proposals without a letter preceding a route number denote routes that are only changing in terms of span or frequency. CEQA Analysis The District has obtained the services of Rincon Consultants, Inc. to conduct the CEQA analysis
214
Report No. 15-218 Page 7 of 8 for the SEP, The consultant will examine the environmental impacts of:
• •
Service on new street segments Deleted service on street segments
• •
Increased Frequency on street segments Decreased Frequency on street segments
The consultant will complete the analysis in time to release the document to the public 30 days prior to the Public Hearing. Staff will also provide a copy of the final CEQA analysis to the Board upon completion. Consideration of the CEQA analysis is included in the Public Hearing for the
SEP.
Title VI Analysis For previous Title VI Service Equity Analyses on major service changes, Staff conducted the
analysis after the Board approved the plan and the Scheduling Department completed the run-
cut for the plan. Often times, the analysis came two months after the Board's approval. This sequence made it difficult for Staff to recommend and implement any alternatives or mitigations as a result of the analysis. For the SEP, Staff will attempt a new approach using a software transit planning platform. This should enable staff to complete the Title VI analysis prior to the Public Hearing, so the information will be available when the Board decides on the plan. In addition and if necessary, Staff will have the ability to propose alternatives or mitigations for the Board's consideration in conjunction with final approval of the SEP. Though a Public Hearing on the Title VI analysis is not required, the Board, according to AC Transit policy and federal regulation, is required to approve the analysis before implementation of the SEP. Schedule
•
9/16/15- Set the Public Hearing for 11/11/15
•
September- October 2015- Conduct Public Outreach for Public Hearing
•
10/14/15- Presentation of SEP Recommendations at Board Meeting
•
10/28/15- Cont'd Presentation of SEP Recommendations at Board Meeting
•
11/11/15- Hold Public Hearing
•
12/9/15- Anticipated Board Decision on the SEP and Implementation Plan
•
March 2015- March 2016 -Implementation of SEP
215
Report No. 15-218 Page 8 of 8 ADVANTAGES/DISADVANTAGES:
There are multiple advantages to conducting a Public Hearing on the SEP and implementing the plan in 2016. The plan uses Measure BB revenues to increase service for Alameda County and increase ridership for the District. Though there are challenges associated with implementation of the SEP as detailed in this report, Staff will develop solutions and mitigations for the challenges, and develop an implementation plan in order to be able to add more service and effectively use the Measure BB revenues for their intended purpose. ALTERNATIVES ANALYSIS:
Given the District's operating constraints and financial limitations, Staff could elect to either delay the Public Hearing until the full complement of resources is available or propose a smaller plan. However, approval of the entire SEP gives Staff the flexibility to implement various components of the plan in a way that is financially and operationally sustainable. PRIOR RELEVANT BOARD ACTIONS/POLICIES:
SR 15-024- Report on Public Outreach Activities related to the COA
SR 15-125- Update on the COA ATTACHMENTS:
1: Table of Service Recommendations 2: Route Profile Packet 3: Table of New Street Segments 4: list of Outreach Meetings and Events 5: Summary of Response to Comments 6: Public Hearing Notice
Executive Staff Approval: Reviewed by: Prepared by:
Aida R. Asuncion, Interim Chief Planning, Engineering and Construction Officer Denise C. Standridge, General Counsel James Pachan, Interim Chief Financial Officer Robert del Rosario, Director of Service Development Sally Goodman, Title VI Coordinator Sean Diest lorgion, Senior Transportation Planner linda Morris, Senior Transportation Planner Austin lee, Transportation Planner John Urgo, Transportation Planner Stephen Newhouse, Transportation Planner
216
SR 15-218 Attachment 1 Proposed service improvements by route:
Existing Route
1/1R
7
11
12
14
Headway, Minutes Weekday (Weekend)
Span
Peak
Base
Start
15 (20)
20 (20)
5:30am (5:30am)
12 (15)
40 (45)
30 (60)
20 (30)
15 (30)
12 (15)
40 (45)
30 (60)
30 (30)
15 (30)
6:30am (8:30am)
6am (8am)
6am (7am)
6:15am (6am)
6:15am (7:15am)
Proposal
Headway, Minutes Weekday (Weekend)
New Route
End 11:30pm Split long route at Downtown Oakland. M6 Telegraph (11:45pm) Create consolidated service on Telegraph Ave between Downtown Oakland and Downtown Berkeley with 1/3-mile stop spacing. Create 6:45pm consolidated service on International Blvd M7 International Local (5:15pm) from San Leandro BART to Downtown Oakland until implementation of International Bus Rapid Transit (BRT) in 2017. Extend Line 99 from Bay Fair BART to San M3 E 14th St Leandro BART and Oakland border. 7:45pm (6:30pm)
7:45pm (8pm)
10pm (10pm)
10pm (9:45pm)
Maintain existing route. Increase frequency from 40-minutes to 30-minutes Split route in Downtown Oakland. Connect Oakland Av/Harrison Av segment (Downtown Oakland-Piedmont) with Park Blvd segment of existing Line 18. th Connect 14 Av segment (Dimond DistrictDowntown Oakland) to Alameda segment (Downtown Oakland-Alameda Point) of existing Line 31. Split route in Temescal. Direct service from Downtown Oakland to Downtown Berkeley via MLK, continuing via Shattuck to North Berkeley and Solano District. Jack London Square to Grand Lake via Broadway and Grand, continuing via Piedmont Av and Shattuck Av to Downtown Berkeley and to Gilman district via Hopkins and Gilman Extend existing Line 14 to West Oakland via th th 14 Street, Wood, and 7 Street.
Span (Weekend Span) Reason for change
Peak
Base
Start
End
10
12
5am
12am
8
10
5am
Lines 1 and 1R suffer from poor on-time performance. Splitting the route will help AC Transit better schedule routes for traffic conditions. These routes will 12am also be split when International Bus Rapid Transit (BRT) is implemented. Wider stop-spacing on Telegraph is intended to improve speed and reliability for consolidated service on the corridor.
15
20
5am
12am
7 Arlington
30
30
6am
10pm Line 7 serves a relatively dense area with limited access to transportation (8pm) alternatives.
L16 Oakland/Park
15
20
6am
12am
L28 14th Av
30
30
6am
10pm
L23 MLK/Solano
15
20
6am
12am
Route changes allow AC Transit to concentrate frequent service on route segments serving very dense areas without alternative frequent transit options. Service to Inverleith would be maintained at every 30 minutes on weekdays. Introduce weekend service on 14th Ave.
Allows AC Transit to serve densest, mixed-use areas with more frequent service. L20 Shattuck/Grand
20
20
6am
L17 14th/High
15
15 (20)
5am
217
11am
12am Increase east-west frequency on 14thStreet to better connect West Oakland (10pm) to Downtown Oakland and East Oakland.
Existing Route
Headway, Minutes Weekday (Weekend) Peak
18
20 21
22
25
26
15 (30)
30 (30) 30 (30)
30 (60)
40 (60)
20 (30)
Base
20 (30)
30 (30) 30 (30)
30 (60)
40 (60)
30 (30)
Span
Start
6:30am (6:30am)
5am (5am) 6:15am (7:15am)
6am (6:45am)
7:15am (8am)
6am (5:45am)
Proposal
Headway, Minutes Weekday (Weekend)
New Route
End Split route in Temescal and Downtown Oakland. Jack London Square to Grand Lake via Broadway and Grand, continuing via Piedmont Av and Shattuck Av to Downtown Berkeley and to Gilman district via Hopkins 11:30pm and Gilman (11:30pm) Direct service from Downtown Oakland to Downtown Berkeley via MLK, continuing via Shattuck to North Berkeley and Solano District. Connect Oakland Av/Harrison Av segment (Downtown Oakland-Piedmont) with Park Blvd segment of existing Line 18. 10pm Terminate at 14th and Broadway. (10pm) 9:15pm No change (9:15pm) Create new route by connecting Hesperian 10:45pm and Winton segments of Line 22 with Line 60 (11:15pm) to CSUEB.
7:40pm (5:45pm)
9:30pm (9:30pm)
Split route. Connect Colusa segment of existing Line 25 (Downtown Berkeley – Plaza BART) with Claremont segment of Line 49. Serve Gilman/Hopkins segment of existing Line 25 (Gilman – Downtown Berkeley) with new line extending from Shattuck. Serve Pierce Street segment (from Plaza BART to 4th Street) with new line extending from Ashby Av. Ashby to 4th Street will be 15 minutes with every other trip going to Plaza BART or to the Berkeley Marina. Simplify route by eliminating “loop” through West Oakland. Provide more direct connection between West Oakland, Emeryville, and Downtown Oakland
L20 Shattuck/Grand
Span (Weekend Span) Reason for change
Peak
Base
Start
End
20
20
6am
11am
L23 MLK/Solano
15
20
6am
12am
L16 Oakland/Park
15
20
6am
12am
20 Shoreline/Park
30
30
5am
10pm
L6 Winton
20
20 (30)
6am
10pm
M2 Mission Blvd
20
20 (30)
5am
L15 Colusa-Claremont
30
30
6am
10pm (8pm)
L20 Shattuck/Grand
20
20
6am
11am
L21 Ashby
15
15 (20)
6am
12am
L19 Lakeshore/Hollis
20
20
6am
10pm
218
Maintain or improve frequency on all segments. Offer new connections in Albany, Berkeley, and Oakland. Maintain direct connections between downtown Berkeley and downtown Oakland. Maintain direction connection between Berkeley and Grand Lake with improved frequency.
Create frequent crosstown route between CSUEB and Chabot/Kaiser with connections to Southland Mall and Downtown Hayward/Hayward BART. Increase frequency to 20 minutes on all segments. Mission Blvd segment covered with new route and Tennyson segment covered with more frequency 12am on Lines 83 and 86.
Increase frequency on a majority of the route. Offer new connections between Albany, Berkeley, El Cerrito, Oakland, and Richmond. Improve legibility of network.
Simplify route. More direct connection between Downtown Oakland, West Oakland, and Emeryville.
Existing Route
Headway, Minutes Weekday (Weekend) Peak
31
30 (30)
60 (60)
Base
30 (30)
Start
5:45am (6:15am)
Proposal
9:45pm (9:45pm)
Split route in Downtown Oakland. Connect Alameda segment (Downtown OaklandAlameda Point) to 14th Av segment (Dimond District-Downtown Oakland) of existing Line 11. Connect Peralta segment to Downtown Oakland and Lakeshore.
37
60 60 (none) (none)
6am (none)
8pm (none)
Eliminate loop. Maintain Santa Clara, Underwood, Amador. Continue on current Line 85 south of Tennyson to Union Landing and extend to Union CIty BART.
39
60 60 (none) (none)
6:45am (none)
7:15pm (none)
No change
45
46
47
10 (30) 20 (40)
20 (30) 30 (40)
60 60 (none) (none) 45 (none)
none
5:30am (6am) 6am (6:15am)
L19 Lakeshore/Hollis
L28 14th Av
L11 South Hayward
6:30pm (none)
No change
6:15am (none)
7:30pm (none)
No change
Peak
Base
Start
End
20
20
6am
10pm
30
30
6am
10pm
30
30
6am
10 pm Eliminate confusing loop route and increase frequency to 30 minutes 7-days a (9 pm) week.
6am
Improve frequency from hourly to 30 minutes 7-days a week in south 10pm Hayward. Overlap with L11 provides 15-minute service between Union City (9pm) BART and Industrial Blvd.
30
11:45pm No change (11:30pm) 10pm No change (10pm)
6:30am (none)
Span (Weekend Span) Reason for change
Increase span of service on Peralta and 14th Av. Maintain or improve th frequency on all segments. Provide weekend service on 14 Ave.
Eliminate CW/CCW loop. Connect Center Street segment of Line 32 to Center Street and Redwood Rd segments of Line 48. Maintain existing alignment between Castro L10 Castro Valley Valley BART and Bay Fair BART. Replace Line 89 weekend service to Alameda Juvenile Detention Center.
8pm (6:30pm)
40
New Route
End
5:30am (6:45am)
32
60 (60)
Span
Headway, Minutes Weekday (Weekend)
219
30
Existing Route
Headway, Minutes Weekday (Weekend) Peak
48
Base
60 60 (none) (none)
Span
Start
6:30am (none)
Proposal
Headway, Minutes Weekday (Weekend)
New Route
End
7:30pm (none)
Connect Center Street segment of Line 32 to Center Street and Redwood Rd segments of Line 48. Continue to serve Grove and Foothill L10 Castro Valley with Line 83 extension from Hayward BART. Peak period service provided by NX4 and NXC on discontinued Line 48 segments.
Span (Weekend Span) Reason for change
Peak
Base
Start
End
30
30
6am
Discontinue very low ridership segments. In order to increase frequency, the 10 pm most productive segments of two hourly routes were combined to form a (8 pm) single 30-minute route. Line 48 segments will now have weekend service.
Discontinue very low ridership segments. In order to increase frequency, the 10 pm most productive segments of two hourly routes were combined to form a (none) single 30-minute route. Line 48 segments will now have weekend service.
L83 Tennyson/W A St
30
30
6am (none)
L22 Dwight Serve Dwight with 20-minute service between UC Berkeley Campus, Emeryville, and West Oakland. Connect Ashby to 4th Street with service every 15-minutes, with every other trip L21 Ashby continuing to Berkeley Marina or Plaza BART via UC Village and Pierce St. Serve Claremont with 30-minute route connecting Plaza BART via Colusa to L15 Colusa-Claremont Downtown Berkeley, UC Berkeley campus, Claremont, and Rockridge BART
20
20
6am
12am
Increase frequency on a majority of the route. Offer new connections between Albany, Berkeley, Emeryville, and Oakland. Improve legibility of 12am network.
Extend route to Castro Valley BART and increase frequency. Split route.
49
30 (40)
30 (40)
6:15am (7am)
7pm (7pm)
15
15 (20)
6am
30
30
6am
10pm (8pm)
51A
10 12-20 (15-20) (15-20)
5am (5:45am)
11:30pm No change (11:45pm)
51A Broadway
51B
10-20 12-20 (15-20) (15-20)
5:30am (5:45am)
11:45pm Service to Berkeley Marina replaced by L21 (11:30pm) Ashby.
51B College-University
52
15-30 (35)
6am (8:30pm)
11:30pm (7:15pm)
52 Cedar University
15
20
6am
12am
6am (8am) 5:30am (5:45am)
9:45pm No change (7pm) 12:15pm Extend Line 57 to Emeryville Public Market (11:45pm) via 40th Street and Shellmound.
M5 Macarthur
15
15
5am
12am Restore direct service to major employment and shopping destination.
54 57
35 (35)
10-30 15 (30) (30) 15 15 (15-30) (15-30)
No route change. Increase frequency to 15 minutes in the peak, 20 minues off peak.
220
Improve reliability and legiblity of route by removing alternating 51B service to Berkeley Marina.
Existing Route
Headway, Minutes Weekday (Weekend) Peak
58L
Base
30 30 (none) (none)
Span
Proposal
Start
End
7:30am (none)
6:15pm (none)
Eliminate route. Re-invest resources on MacArthur corridor to extend Line 57 to Emeryville and increase frequency of NL
60
20 (40)
20 (40)
5:30am (6:15am)
10pm (7:15pm)
62
20 (30)
20 (30
6:15am (6:15am)
12am (12am)
Increase frequency in peak and off peak
60 60 (none) (none)
7am (none)
7:30pm (none)
No change
67
40 40 (none) (none)
6am (none)
7:30pm (none)
Adjust route to serve Euclid between Hearst and Eunice.
6am (7am) 5:45am (7am) 5:15am (5:30am) 5:45am (6am)
8pm (8pm) 7pm (8pm) 11:30pm (11:30pm) 11pm (12am) 7pm (none)
71
72/72M
30 (60) 30 (60) 30 (30) 30 (30)
30 (60) 30 (60) 30 (30) 30 (30)
72R
12 12 (none) (none)
6am (none)
73
15 15 15-30) 15-30)
5:45am (5:45am)
74
30 (70)
30 (70)
6am (7am)
New Route
Span (Weekend Span) Reason for change
Peak
Base
Start
End
15
15
5am
12am
15
20 (30)
5am
12am
20
20 (30)
6am
15
20
6am
M5 Macarthur NL Macarthur
Create new route by connecting Line 60 with L6 Winton Hesperian and Winton segments of Line 22.
65
70
Headway, Minutes Weekday (Weekend)
62 7thSt/23rd Av
L25 Spruce
11pm Create frequent crosstown route between CSUEB and Chabot/Kaiser with (10pm) connections to Southland Mall and Downtown Hayward/Hayward BART. 12am Increase frequency on high-productivity route. Improve network connectivity.
30
30
6am
8pm
No change to route. Span extended to 10pm.
30
30
6am
10pm
No change to route. Span extended to 10pm.
30
30
6am
10pm
15
15
6am
12am
Consolidate Line 72 and 72M into a single route offering 15-minute service on San Pablo M4 San Pablo/ Macdonald Ave and Macdonald (Existing Line 72M alignment). In tandem with consolidating Lines 72/72M onto Macdonald, improve frequency and span of service on Line 72R. Create narrower R1 San Pablo Rapid stop spacing between Del Norte BART and Contra Costa College.
11:45pm No change (11:45pm) Create 30-minute route from Marina Bay to L26 23rd/Regatta 9:00pm Hilltop Mall. (6:45pm) Create 30-minute route from Richmond BART L27 23rd Ave/El Sobrante to San Pablo Dam Road.
221
10
12
6am
Discontinued due to very low ridership to downtown Oakland. Improve corridor legibility by investing resources in 57 and NL.
12am
30
30
6am
10pm
30
30
6am
10pm
High travel demand between Downtown Berkeley and Euclid/Eunice, especially during morning and early afternoon commutes. Spruce residents have Lines 18 and 7 two blocks away on Shattuck.
Offer faster, more frequent service on San Pablo Ave more hours of the day and more days of the week. Improve frequency on Macdonald Ave. Improve legibility of service on San Pablo Ave. Mitigate loss of Line 72 north of Macdonald Ave.
New routes will create combined 15-minute service between Richmond rd. Marina and Hilltop Mall via 23
Existing Route
Headway, Minutes Weekday (Weekend) Peak
75
76
83
85
86
88
89
93
Base
60 60 (none) (none)
30 (30)
30 (30)
60 60 (none) (none)
60 (60)
60 (60)
60 none (none) (none) 20 (30)
30 (60)
60 (60)
30 (30)
30 (60)
60 (60)
Span
Start
Proposal
7:30pm (none)
5:30am (6:30am)
8:15pm (7:30pm)
6am (7am)
New Route
End
6am (none)
5:15am (none)
Peak
Start
End
30
30
6am (8am)
Introduce weekend service. Overlap with L5 to create frequent 15-minute crosstown route from Foothill Square on Davis/Estudillo and on 10pm Lewelling/Meekland/W A St through San Lorenzo, Ashland, and Cherryland. (8pm) Increase service to Kaiser San Leandro. Discontinue Line 75 one-way stops on Foothill and Grand due to very low ridership (peak period service provided by NX4 and NXC).
76 Cutting/Market
30
30
6am
10pm
No route change. Span extended to 10pm.
8pm (none)
Extend route to Castro Valley BART and increase frequency.
8pm (7pm)
Split route in two. Realign to Alvarado and Halcyon from San Leandro BART to Bay Fair L9 San Lorenzo BART, continuing onto existing Line 93 routing through San Lorenzo. Connect south Hayward segment to Whitman and L4 Whitman/Huntwood Huntwood and extend to Union Landing and Union City BART.
L83 Tennyson/W A St
7pm (none)
5:30am (5:45am)
9:45pm (9:45pm)
Increase peak frequency to 15 minutes.
7:45pm (6:30pm)
Eliminate loop. Continue on Estudillo to Grand, extending north to Foothill Square and L5 Lewelling/Davis south to Lewelling, Meekland, and West A Street. Discontinued segments on Bancroft still covered by Line 40.
7:45pm (7:15pm)
Eliminate loop. Maintain existing alignment from Bay Fair BART to Hayward BART, with exception of extension on Blossom and Western. Extend northern end to San Leandro BART via Halcyon, Alvarado, and Washington.
5:45am (7:45am)
Base
Span (Weekend Span) Reason for change
Eliminate loop. Realign on Estudillo to Grand and extend south on Fargo, Lewelling, Meekland, and West A Street. Discontinued L3 Meekland/Davis segments on Foothill and Grand maintain peak period service with NX4 and NXC.
5am (none)
5:30am (7:30am)
Headway, Minutes Weekday (Weekend)
Extend on Corsair. Realign from Winton to W L86 Tennyson/Winton A Street. 88 Sacramento
M3 E. 14th St
L9 San Lorenzo
30
30
6am (none)
Increase frequency from 60 minutes to 30 minutes to improve service to 10pm Hayward industrial areas. Overlap with L86 to provide frequent 15-minute (none) service on Tennyson and W A St. Extend to Castro Valley BART to cover Line 48 segments on Foothill and Grove.
30
30
6am
Increase frequency from hourly to 30 minutes by merging most productive 10pm segments of Lines 85 and 93. Provide San Lorenzo with connections to (9pm) Bayfair, San Leandro and Hayward.
6am
Increase frequency from hourly to 30 minutes and introduce weekend service 10pm on portions of Line 37. Provide frequent 15-minute service from Union City (9pm) BART to Huntwood and Industrial Parkway by overlapping with L4.
30
30
30
4am
15
20
6am
Provide 30 minute service on all segments to provide better service to Hayward industrial areas. Overlap with 83 to provide frequent 15-minute 12am service on Tennyson from South Hayward BART to Industrial Blvd and on W Ast Street to Hayward BART. 12am Improve network by creating frequent north-sound corridor between San (10pm) Pablo Av and Shattuck Av.
30
30
6am
Overlap with L3 to create frequent 15-minute crosstown route from Foothill Square in Oakland to San Leandro on Davis/Estudillo and 15-minute north10pm south route on Lewelling/Meekland/W A St through San Lorenzo, Ashland, and Cherryland.
15
20
5am
12am
30
222
30
30
6am
Increase frequency from hourly to 30 minutes by keeping most productive segments of Lines 85 and 93, providing San Lorenzo with connections to 10pm Bayfair, San Leandro and Hayward. (9pm)
Existing Route
Headway, Minutes Weekday (Weekend) Peak
94 95
97
98
99
F
Base
60 (none) (none) 30 (30)
15 (30)
20 (40)
30 (30)
20 (30)
30 (40)
20 20 (30-45) (30-45)
30 (30)
30 (30)
Span
Proposal
New Route
Start
End
6am (none)
8pm (none)
Maintain peak period service through L6 Winton. Every other trip will run to Hayward L6 Winton Highlands on weekdays.
5:30am (7am)
7:45pm (6pm)
No change
6:15am (7am)
6am (7:30am)
5am (6am)
7am (7am)
End route at Union Landing. Maintain 11pm frequency on Alvarado Niles Blvd with new (10:45pm) routes.
9:45pm (9pm)
12am (12am)
Headway, Minutes Weekday (Weekend) Peak
Base
Start
End
40
None
5am 9am
3pm- Every other trip on L6 will run to Hayward Highlands during peak periods. 8pm Freqency increased from hourly to 40 minutes.
Shortening route will improve on-time performance and reliability and allows reinvestment of hours into 15-minute service, as well as more frequent 12am service in south Hayward and Union City on proposals L4 and L11. Overlapping L4 and L11 maintains 15-minute service on Alvarado-Niles between Union Landing and Union City BART.
M1 Hesperian
15
20
6am
L13 85th/90th Av
20
20 (30)
6am
L14 98th Av
20
20 (30)
6am
15
20
5am
12am
20
20
5am
12am
Split into two routes
Split route at Hayward BART. Extend northern section from Hayward BART to San Leandro M3 E 14th St BART. Terminate southern section at Union City BART. Service on Decoto and Fremont Blvd covered by L8. Service on Walnut M2 Mission Blvd covered by L1.
Rerouted to approach Emeryville from the 11:45pm north via Shattuck, Adeline, 65th and Hollis. (10:45pm) Frequency increased to 20 minutes.
Span (Weekend Span) Reason for change
F Alcatraz
J
30
30
6am-9am
Rerouted to continue to straight down 4pm-7pm Sacramento and Market, covering previous F J Sacramento stops.
NL
15-30 (30)
30 (30)
6am (6am)
11:30pm Peak frequency increased to 15-minutes, 20NL Macarthur (11:30pm) minutes midday.
223
11pm (10pm) Split loop route into two routes with distinct end-points with greater demand 11pm for travel. (10pm)
Shortening route will improve reliability and on-time performance. Eliminating travel time through the Hayward Loop on Line 99 allows extra running time to be reinvested to increase frequency.
20
30
5am
Proposal creates frequent all day rate between UC Berkeley Campus, 12am Downtown Berkeley, South Berkeley, Emeryville, and San Francisco. Overlap with L22 Dwight means 10-minute between Berkeley and Emeryville.
30
30
6am9am
4pmCovers F segments. Will not stop in Emeryville. No change to schedule. 7pm
15
20 (30)
5am
12am
Frequency increased with reinvested hours from Line 58L to provide more legible service from MacArthur Corridor to Downtown Oakland and SF.
Existing Route
Headway, Minutes Weekday (Weekend) Peak
O
10-30 (60)
Base
60 (60)
Span
Start
6am (6am)
Proposal
Headway, Minutes Weekday (Weekend)
New Route
End
9pm (9pm)
New route (similar to old Line 63) will connect Fruitvale BART to High St, Shoreline, and Main St Ferry Terminal. New route (similar to old Line 63) will connect Fruitvale BART to High St, Shoreline, and Main St Ferry Terminal. New route (similar to old Line 63) will connect Fruitvale BART to High St, Shoreline, and Main St Ferry Terminal. O service brought back to old terminus at Tilden with realignment to continue straight on Encinal and Central.
L2 (Alt #1 - Shoreline)
Span (Weekend Span) Reason for change
Peak
Base
Start
End
30
30
6am
10pm
L2 (Alt #2 - Encinal
30
30
6am
L2 (Alt #1 - Buena Vista)
30
30
6am
T1 Encinal
15
60
6am
224
(No proposed change to O schedule). Shortening Line O allows resources to be reinvested in new route connecting Fruitvale BART to Alameda. There are 10pm three alternatives proposed: 1) Overlapping L2 with Line 20 on Otis and Shoreline to increase from 30 to 15 minute frequency between Webster, South Shore, and Fruitvale BART; 2) Add 30 minute route on Encinal; or 3) add 10pm 30 minute route on Buena Vista. Alts 1 and 2 would connect to Main St Ferry Terminal; L3 would terminate in Dowtown Oakland. 10pm
PLANNING COMMITTEE September 16, 2015
Staff Report 15-218 Attachment 2
AVAILABLE FOR DOWNLOAD AS A SEPARATE FILE: See Staff Report 15-218 Attachment 2: Route Profiles for Phase 1 service improvements recommended as part of the Comprehensive Operations Analysis
225
SR 15·218
Table of New Street Segments
Attachment 3
Street 164th Av 32nd St 4thSt 51st St 52nd St 65th St 6th St 9th St Alcatraz Av Alvarado St Buena Vista Av central Av Cherry St corsair Bl Delano St E Lewelling Bl Estudillo Av Eunice St Fargo Av Foothill Bl Hammond Av Harder Rd Harrison St Hollis St HuntwoodAv Industrial Pw Industrial Pw Sw Jane Av Kent Av Lewelling Bl Main St Marina Bl Martin luther King Jr Wy Monterey Bl Nursery Av Portola Dr Redwood Rd Ruus Rd Sabre St Shattuck Av Shellmound St Sleepy Hollow Av Sleepy Hollow Av S Stearman Av Stevenson Bl Stevenson Bl Warm Springs Bl westinghouse Dr Willie Stargell Av
Approximate Address or Intersection From To E, 14th St Kent Peralta St Adeline St Harrison St Gilman St Shattuck Ave Telegraph Ave Shattuck Ave 51st St Hollis St San Pablo Ave Harrison St Gilman St Oak St Fallon St San Pablo Ave Sacramento St Portola Dr Marina Blvd Webster St Tilden Way 3rd St Webster St Joaquin Murieta Ave Stevenson Blvd Stearman Ave Sabre St Ashland Ave Kent Ave Lewelling Blvd Ashland Ave Bancroft Ave Macarthur Blvd Euclid Ave SpruceSt Washington St Farnsworth St City Center Dr Hazel Ave Westinghouse Dr Warm Springs Blvd MocineAve Jane Ave 6th St 4th St 65th St 40th St W. Tennyson Rd Industrial Pkwy W Food Maxx (30049) Whipple Dr Food Maxx (30049) Ruus Rd Harder Rd Whitman St Delano St 164th St Hesperian Blvd E. Lewelling Blvd Midway Ave Proposed Ferry Termint~l Washington St Alvarado St 12th St 20th St Portola Dr Floresta Blvd Niles Blvd Mission Blvd Alvarado St Monterey Blvd Somerset Ave Castro Valley Blvd Industrial Pkwy SW Industrial Pkwy W Stet~rman Ave MackSt 52nd St 55th St 64th St 65th St Hesperit~n Blvd Boca Raton St w. Tennyson Rd Boca Raton St Corsair Blvd Sabre St Mission Blvd Gallaudet Dr Cherry St Cedar Blvd S. Grimmer Blvd Mission Blvd Fourier Ave Hammond Ave Hancock St 5th St
City/County San leandro Oakland Berkeley Oakland Oakland Oakland, Emeryville Berkeley Oakland Oakland, Berkeley San Leandro Alameda Alameda Newark Hayward San Lorenzo San lorenzo San leandro Berkeley San leandro Hayward Fremont Hayward Berkeley Emeryville Hayward Hayward Hayward Hayward San leandro, san lorenzo San Lorenzo Alameda San leandro Oakland San Leandro Fremont San Leandro Castro Valley Hayward Hayward Oakland Emeryville Hayward Hayward Hayward Fremont Fremont Fremont Fremont Alameda
226
SR 15-218 Attachment 4
Outreach Meetings and Events * NOTE Blue Highlight Denotes Presentation to official municipal body i.e City Council, Committee of the Council, Transportation Commission, etc. Type (Festival, Community Date Org. Mtg, Parade, Etc.) Notes/Comments Event/Meeting City
Title VI Notes
3/18/2015
United Seniors of Oakland and Alameda County Board Retreat AC Transit COA/MCS Outreach Meeting
3/19/2015
AC Transit COA Outreach Meeting
Berkeley
Community Meeting
Presentation and Open House
Translation Services and Materials Provided
3/24/2015
AC Transit COA Outreach Meeting
Hayward
Community Meeting
Presentation and Open House
Translation Services and Materials Provided
Oakland
Community Meeting
Presentation and Open House
Translation Services and Materials Provided
Fremont Oakland
Community Meeting Membership Meeting
Presentation and Open House Presentation and Discussion
Berkeley
Commission Meeting
Presentation and Discussion
AC Transit Offices
Committee Meeting
Presentation and Discussion
Committee Meeting
Presentation and Discussion
Oakland
Chamber Board meeting
Presentation and Discussion
Albany San Lorenzo
Commission Meeting Community Meeting
Presentation and Discussion Presentation and Discussion
Oakland
City Commission Meeting
Presentation and Discussion
Alameda AC Transit Offices
Commitee Meeting Committee Meeting
Oakland
Community Meeting
Announcement Presentation and Discussion Announcement and Distribution of Materials
1/30/2015
Oakland
Membership Meeting
Presentation and Discussion
Richmond
Community Meeting
Presentation and Open House
4/16/2015
AC Transit COA Outreach Meeting AC Transit COA Outreach Meeting ACCE COA Presentation Berkeley Transportation Commission Amalgamated Transit Union 192 Drivers Committee
4/22/2015
Alameda County Unincorporated Services Committee MeetingCOA Presentation San Lorenzo
3/26/2015 3/31/2015 4/1/2015 4/9/2015
7/8/2015
Oakland Chinatown Chamber Board of Directors Albany Traffic & Safety Commission San Lorenzo Village HOA City of Oakland Bicycle & Pedestrian Advisory Committee Alameda Chamber Gov't & Econ. Dev. Committee AC/Alameda ILC SPUR Forum - "The Future of the Bus"
7/9/2015
West Oakland Neighborhoood Meeting
Oakland
Community Meeting
Presentation and Discussion
Translated Materials provided
7/11/2015
Event for Park Alameda Residential Community
Alameda
EasyPass Outreach
Distribution of Materials
Translated materials provided
7/13/2015
EasyPass Celebration
Berkeley
EasyPass Outreach
Distribution of Materials
Translated materials provided
7/13/2015
San Leandro Town Hall Meeting
San Leandro
Community Meeting
Information Table and Distribution of Translated materials provided Materials
7/14/2015
EasyPass Celebration at the Corporation Yard
Berkeley
EasyPass Outreach
Distribution of Materials
7/14/2015
East Oakland Boxing Association Oakland
Membership Meeting
Presentation and Discussion
7/15/2015
EasyPass Celebration at the City of Berkeley
EasyPass Outreach
Distribution of Materials
Translated materials provided
Community Meeting
Presentation and Discussion
Spanish Translation Services and Materials Provided
Community Meeting
Presentation and Discussion
5/12/2015 5/28/2015 6/18/2015 6/18/2015 7/1/2015 7/8/2015
Berkeley
Translated materials provided
Translated materials provided
7/16/2015
Fruitvale Unity Monthly Meeting Oakland Jackson Triangle Apartment Community Hayward
7/21/2015 7/21/2015
Carmen Flores Recreation Center Open House Oakland Newark Rotary Club Newark
Community Resource Event Membership Meeting
Information Table and Distribution of Translated materials provided Materials Presentation and Discussion
7/21/2015
El Cerrito City Council
Council Meeting
Presentation and Discussion
7/15/2015
El Cerrito
227
7/22/2015 7/23/2015 7/23/2015 8/17/2015
8/18/2015 8/20/2015 9/1/2015 9/8/2015 9/8/2015 9/9/2015
City of Alameda Transportation Commission City of Fremont Staff Newark City Council Bay Area Transportation Working Group Sierra Club Bay Chapter Transportation & Compact Growth Committe Amalgamated Transit Union 192 Drivers Committee Oakland Mayor's Office San Leandro City Council East Bay EDA - Land & Infrastructure Committee Mayor of Alameda
Alameda Fremont
Commission Meeting Staff Meeting
Presentation and Discussion Presentation and Discussion
Newark
Presentation and Discussion
Oakland
Council Meeting Community Stakeholder Meeting
Berkeley
Commitee Meeting
Presentation and Discussion
AC Transit Offices Oakland San Leandro
Committee Meeting Stakeholder Meeting Council Meeting
Presentation and Discussion Presentation and Discussion Presentation and Discussion
Oakland Alameda
Committee Meeting Meeting with the Mayor
Presentation and Discussion Discussion
228
Presentation and Discussion
Summary of Response to Comments
SR 15"218
Attachment 5
Summary of Public Comment and Responses by Area: Central County Comments received were generally favorable and supportive of increased frequencies, expansion of night and weekend service, and elimination of circular and hourly routes. In order to increase frequencies on all routes to 30 minutes or better, some unproductive route segments had to be eliminated. Most negative comments pertained to eliminated route segments. As such, the service expansion plan has been modified to preserve service on the majority of route segments. Proposal L83 will be extended from Hayward BART to Castro Valley BART via eliminated line 48 segments on Foothill and Grove. The plan also now preserves all existing Lines 32 and 93 segments through Ashland and Cherryland. West Oakland. Downtown Oakland. East Oakland (Lakeshore to High) Comments received were generally in favor of improved frequencies and connections between West Oakland and Emeryville, West Berkeley, Downtown Oakland, and beyond. Some commenters expressed concerns about additional transfers if some routes are split, especially for trips between East Oakland and North Oakland/Berkeley (Lines 1 and 18). Current fare policy discourages transferring once to complete a trip. Some adjustments were made to improve frequency and connectivity along Adeline, a more centrallylocated arterial within West Oakland to provide better access to frequent service for more residents. Proposal L19 was modified to provide continued service to West Oakland BART from Lakeshore and Emeryville. There were a number of negative comments on the proposed elimination of Line 58l. Staff is proposing to increase the frequency on the NL to 15 minutes in the peaks and 20 minutes in the off peak in order 1 to maintain a frequent connection from the MacArthur corridor to 20 h Street. Albany. Berkeley, Emeryville. North Oakland The comments received on the route proposals for this area were generally mixed. Comments received strongly supported increased frequency, span, and on-time performance on east-west corridors and commercial corridors (Grand Ave, Piedmont, Solano), as well as extending line 57 into Emeryville. There was also strong opposition to service on Cedar Street east of Sacramento. In many cases, there was no clear way to determine if a route was generally liked or disliked by a majority of commenters. As such, staff took into consideration each comment and made adjustments based on whether the comment would improve the legibility and reliability of the overall network. Similar to comments from East Oakland, some commenters expressed concerns about additional transfers if some routes are split, especially for trips between East Oakland and North Oakland/Berkeley (lines 1 and 18) and trips within Berkeley/Albany/North Oakland (lines 25 and 49). However, most commenters favored splitting the "loop" routes (Lines 25 and 49) to improve legibility and continue routes to bigger destinations. There were positive comments received about destinations the proposed network would open up without the need to transfer. Because the goal of the service expansion plan is to increase reliability and legibility, staff did not reconnect split routes such as the 18 but made other adjustments.
229
In addition, some adjustments were made to routes to address desire for improved connections between: •
Downtown Berkeley, UC campus, UC student housing and Emeryville.
•
West Oakland, West Berkeley, and Central Berkeley.
•
Elmwood, South Berkeley and West Berkeley
•
Rockridge and Emeryville
•
Rockridge and Montclair
Staff adjusted proposal L23 MLK/Solano to maintain a high frequency, linear route from downtown Oakland to downtown Berkeley via MLK, continuing onto the Solano district and UC Village. Proposall20 was modified to maintain existing levels of service on Grand Ave and Shattuck and introduce a Grand lake to Jack London Square connection. Both L23 and l20 were adjusted to provide direct service to downtown Berkeley and mitigate some of the transfer penalty, as many commenters had requested. Staff made modifications to two Transbay lines: the F and the J. The F will provide more frequent 20minute service from UC Berkeley to Emeryville and San Francisco whlle staff is proposing to continue the J down Market and Sacramento to cover those segments no longer served by the F. Jn addition, schedules were updated to be better timed with BART and BHS bell times. Commenters generally expressed strong support for limited-stop operations, especially with an underlying local service (i.e. requests specifically for rapid service along MLK/Shattuck, Macarthur, and University). Opinion of commenters was divided about wider stop spacing on Telegraph without an underlying local route.
West Contra Costa County Comments received strongly supported increased spans and frequency. Opinion was divided about proposed changes to lines 72, 72M, and 72R. This change greatly improves access and mobility on Macdonald Ave and improves spans and frequency along San Pablo Ave most hours of the week. Commenters also expressed a strong desire for access to the relocated Social Security Office on Garrity Way and Pinole Vista Shopping Center. In response to comments, several route proposals have been changed to maintain coverage in neighborhoods with dendritic street patterns and maintain frequency of service between Contra Costa College and Hilltop Mall.
230
SR 15-218 Attachment 6
DRAFT PUBLIC HEARING NOTICE Alameda-Contra Costa Transit District 2015 Service Expansion Plan and associated California Environmental Quality Act (CEQA) Document Notice is hereby given that the AC Transit Board of Directors will hold a Public Hearing on Wednesday, November 11, 2015 at 2 p.m. and 5 p.m. at the AC Transit General Offices, Second Floor Board Room, 1600 Franklin Street, Oakland, California, to receive public comment on the Service Expansion Plan (SEP) as more specifically described below under "PROJECT DESCRIPTION". The proposed Service Expansion Plan and CEQA Document are detailed on AC Transit's website at www.actranslt .org, and available in printed format at the District's General Offices, located at 1600 Franklin Street, Oakland, California, and at a variety of other locations, including main county and city offices as well as the main libraries located within the District's service area. For information on exact locations where the documents are available in your specific area, plea se telephone (510) 891-7175. PROJECT DESCRIPTION: Staff is requesting that the Board set the Public Hearing date for the proposed SEP and the associated California Environmental Quality Act (CEQA) analysis on November 11, 2015. The SEP is based upon a set of guiding principles that aim to significantly improve transit service new and existing bus riders. Through the use of Measure BB revenues, Staff is ab le to increase span and frequency on both weekdays and weekends, and improve reliability through simple r route design and schedules that better match current traffic conditions . In addition, Staff is able to develop a Frequent Network of routes at 15-minute frequency or better that provides new and existing riders with more opportunities to get to multiple destinations within a reasonable timeframe. Staff has conducted three rounds of outreach prior to development of the current draft of the SEP being considered under the Public Hearing. The outreach provided staff with feedback on developing the guiding principles and three iterations of plan recommendations. As a result, the SEP proposes changes to or elimination of 45 existing routes and the creation of up to 56 new routes, depending on the selection of alternatives. Existing routes affected include: 1, 1R, 7, 11, 12, 14, 18, 20, 22, 25, 26, 31, 32, 37, 48, 49, 51B, 52, 57, 58L, 60, 62, 67, 70, 71, 72, 72M, 72R, 73, 74, 75, 76,83,85,86,88,89,93, 94,95,97,98,99, F,J, Nland
0 If approved by the Board of Directors, the SEP will be Implemented in 2016 beginning in the Spring. Your Comments Are Invited Public Comment on the SEP is invited either in writing or at the pub lic hearing scheduled for 2 p.m and 5 p.m. on Wednesday, November 11, 2015 at the AC Transit General Offices, Second Floor Board Room, 1600 Franklin Street, Oakland, California. The public is urged to submit written comments by letter, facsimile, or email, which must be received no later than November 6, 2015. Written comments wi ll receive the same attention as verbal comments received at the Public Hearing. Please address written comments to the AC Transit Board of Directors, 1600 Franklin Street, Oakland, California, 94612; by facsimile at (510) 891-7157; or by email to [email protected]. Comments may also be submitted by 231
SR 15-218 Attachment 6
voicemail at (510) 891-7201. For Spanish-language comments, call (510) 891-7291; and for Chineselanguage comments, call (510) 891-7292. Meeting site is wheelchair accessible.
Upon request, a sign language interpreter will be present at the hearing. Foreign language interpreters can be provided, if needed. Please contact the District Secretary's Office at (510) 891-7201 by November 4, 2015, at 5:00 p.m., to make arrangements. For TDD for hearing impaired, call 711, California Relay Service, and specify (510) 891-4700. Transit to the Hearing Site
All AC Transit bus lines serving downtown Oakland stop within walking distance of the public hearing site. For trip-planning, visit www.actransit.org or call 511 (and say, "AC Transit"). The site can also be reached via BART to the 191h St. Oakland station. Please do not wear scented products to the meeting.
232
PLANNING COMMITTEE September 16, 2015
Report 15-226 Consider recommending receipt of report on the updated cost and schedule requirements for the East Bay Bus Rapid Transit Project
CURRENTLY NOT AVAILABLE WILL BE MADE AVAILABLE TO THE PUBLIC AT THE TIME IT IS PROVIDED TO THE BOARD OF DIRECTORS
233
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234
OPERATIONS COMMITTEE
September 16, 2015 Agenda Items D-2 – D-3
235
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236
Report No: Meeting Date:
15-228 September 16, 2015
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Operations Committee AC Transit Board of Directors
FROM:
Kathleen Kelly, Interim General Manager
SUBJECT:
Hazardous Waste Services, Transportation and Recycling/Disposal Contract
ACTION ITEM RECOMMENDED ACTION(S): Consider authorizing the release of a solicitation for qualified vendors/contractors to provide hazardous waste disposal services including identification, labeling, collection, transportation and disposal of hazardous wastes in accordance with applicable State and Federal laws. EXECUTIVE SUMMARY: AC Transit generates approximately 164.12 tons of hazardous waste per fisca l year. The hazardo us waste is accumulated in containers, tanks, drip pads, or containment buildings at each AC Tran sit operating facility in comp liance with the requirements specified in the Health & Safety Code. Staff recommends entering into a contract for consultant services for hazardous waste disposal services including identification, labeling, collection, transportation and disposal of hazardous wastes in accordance with applicable State and Federal laws. The contractor wi ll be required to provide both routine services and emergency response. The District does not have staff or internal expertise and resources to support these required services. This request for a new solicitation is to provide service for the next five-year period. BUDGETARY/FISCAL IMPACT: The cost of hazardous waste disposal is based on an estimate established by the Environmental Engineer, but is withheld until the contract award is presented to the Board to ensure that the District receives the best possible pricing. Sufficient funding to cover the award is included in the department operating budget .
BACKGROUND/RATIONALE: AC Transit generates approximately 164.12 tons of hazardous waste per fisca l year. The District operates under the permitting and supervision of the California Department of Toxic Substance Control (DTSC). DTSC regulates the generation, handling, treatment and disposal of hazardous waste in Ca lifornia. AC Transit, being a hazardous waste generator, must comp ly with the
237
Report No. 15-228 Page 2 of 3
California Health and Safety Code and Title 22 California Code of Regulations and 40 C.F.R. for its hazardous waste management program. The hazardous waste is accumulated in containers, tanks, drip pads, or containment buildings at each AC Transit operating facility in compliance with the requirements specified in the Health & Safety Code. The hazardous waste management services will include the proper clean-up (remediation), collection, storage, handling, packaging, documentation, transportation, transfers, and disposal of hazardous waste obtained from all AC Transit facilities: •
General Office (GO)
• • • • • •
Emeryville Division {D2) Richmond Division (D3) Seminary Division (04) Central Maintenance Facility (CMF) Hayward Division (06) Training and Education Center (TEC)
Staff recommends entering into a contract for consultant services for hazardous waste disposal services including identification, labeling, collection, transportation and disposal of hazardous wastes in accordance with applicable State and Federal laws. The contractor will be required to provide both routine services and emergency response. The current contract for hazardous waste disposal services expired. Due to the nature of the work, an emergency agreement was established with the current contractor in accordance with Board Policy 350 to ensure continued compliance with regional and local regulations. The District does not have staff or internal expertise and resources to support these required services. This request for a new solicitation is to provide service for the next five-year period. ADVANTAGES/DISADVANTAGES:
The advantage of issuing a contract for hazardous waste disposal is to remain in compliance with Federal, State and local regulations, including the California Environmental Protection Agency (Cai/EPA) and California Department of Toxic Substance Control (DTSC) regulations. The disadvantage of not complying with Federal, State and local regulations is the potential for substantial fines that can result due to non-compliance. ALTERNATIVES ANALYSIS:
Staff found no practical alternatives to the course of action recommended in this report. PRIOR RELEVANT BOARD ACTIONS/POLICIES:
Board Policy 350: Procurement Policy ATTACHMENTS: None
238
Report No. 15-228 Page3of3
Executive Staff Approval: Reviewed by:
Prepared by;
James D. Pachan, Chief Operating Officer/Interim Chief Financial Officer Denise C. Standridge, General Counsel Jon Medwin, Procurement & Materials, Director Wahid Amiri, P.E., Manager, Safety and Environmental Engineering
239
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240
Report No: M eeting Date:
15-235 September 16, 2015
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Operations Committee AC Transit Board of Directors
FROM:
Kathleen Kelly, Interim General M anager
SUBJECT:
Abolishment of Executive Classification Specifications.
ACTION ITEM RECOMMENDED ACTION(S): Consider the adoption of Resolution No. 15-041 abolishing the executive Classification Specifications of Assistant General Manager, Assistant General Manager-Engineering, Chief Administrative Services Officer, Chief Human Resources Officer {originally adopted as Human Resources Director), Chief Information Officer (originally adopted as Chief Technology Officer), Chief Maintenance Officer, Chief Performance Officer, Chief Planning & Development Officer, Chief P l ann in g~ Engineering & Construction Officer, Chief Technology Officer, Ch ief Transportation Officer, Deputy General Manager, Deputy General Manager- Service Development, effective October 14, 2015 and repeal of Resolution Nos. 899, 1175, 1192, 2050,
2051, 06-017. EXECUTIVE SUMMARY: Staff is request ing the abolishment of several District executive classification specifications developed over many years in response to internal reorganizations . The incoming General Manager will assess the needs of the District and develop a functional organizationa l structure. Any new classifications associated with the new structure will be brought to the Board for approval. This is the first step in a full audit of all District classification specifications. BUDGETARY/FISCAL IMPACT: Some initial savings are associated with this action. Any long-term fiscal impact will be included in future reports re lated to new classifications.
BACKGROUND/RATIONALE: Executive level classification specifications have been established over the years, generally in response to internal organizationa l structural changes or "reorgs'' . The goal of reorganizations is to improve business processes and create greater efficiencies. The number of these executive classifications has grown over time and many contain outdated language. Staff is therefore requesting that the executive classifications listed in the cha rt in this report be abolished. The incoming General Manager will establish a functional organizational structure
241
Report No. 15-235 Page 2 of 2 and any new classifications associated with the new structure will be brought to the Board for approval. The Interim Planning, Engineering & Construction Officer's contract will terminate October 13,
2015. Staff is therefore requesting that abolishment of the executive classification specifications listed below, be effective October 14, 2015. Job Title
Class Code
Resolution
322 323 073 081 021 031 032 074 007 007 015 008 013
899 06-017 14-032 1117 & 1175 2051 -12-010 13-010 14-132 1192 13-010 2050 1118 1118
Assistant General Manager
Assistant General Manager- Engineering Chief Administrative Services Officer
Chief Human Resources Officer /Human Resources Director Chief Maintenance Officer
Chief Performance Officer Chief Planning & Development Officer Chief Planning, Engineering & Construction Officer 1
Chief Technology Officer_/__Chief Information Officer ChiefTech':!~l~gy Officer
Chief Transportation Officer Deputy General Manager Deputy General Manager- Service Development
I
ADVANTAGES/DISADVANTAGES:
The advantage is that the executive job classifications listed in this report will no longer be part of the District's Classification and Compensation roster. There are no disadvantages to the proposed action. ALTERNATIVE ACTIONS:
The alternative would be to not abolish the classifications, but that is not recommended because many of them are redundant and/or outdated and it is confusing to have so many inactive classifications. PRIOR RELEVANT BOARD ACTIONS/POLICIES:
Please see relevant actions included in the chart in this report. ATIACHMENTS:
1.
Resolution No. 15-041 and related exhibit
Reviewed by:
Denise Standridge, General Counsel
Prepared by:
Elisabeth West, Human Resources Manager
242
I
Staff Report 15-235
Attachment No.1
ALAMEDA-CONTRA COSTA TRANSIT DISTRICT RESOLUTION NO. 1S-041 A RESOLUTION ABOLISHING THE EXECUTIVE CLASSIFICATION SPECIFICATIONS OF ASSISTANT GENERAL MANAGER, ASSISTANT GENERAL MANAGER -ENGINEERING, CHIEF ADMINISTRATIVE SERVICES OFFICER, CHIEF HUMAN RESOURCES OFFICER (ORIGINALLY ADOPTED AS HUMAN RESOURCES DIRECTOR), CHIEF INFORMATION OFFICER (ORIGINALLY ADOPTED AS CHIEF TECHNOLOGY OFFICER), CHIEF MAINTENANCE OFFICER, CHIEF PERFORMANCE OFFICER, CHIEF PLANNING & DEVELOPMENT OFFICER, CHIEF PLANNING, ENGINEERING & CONSTRUCTION OFFICER, CHIEF TECHNOLOGY OFFICER, CHIEF TRANSPORTATION OFFICER, DEPUTY GENERAL MANAGER, DEPUTY GENERAL MANAGERSERVICE DEVELOPMENT AND REPEAL OF RESOLUTION NUMBERS 899, 1175, 1192, 2050, 2051, 06-017. WHEREAS, Public Utilities Code Section 24886 authorizes the Board of Directors of the
Alameda-Contra Costa Transit District to determine and create such number and character of positions in the District as are necessary to carry on the functions of the District; and WHEREAS, Section 24886 also authorizes the Board of Directors to establish the
appropriate salary, salary range, or wage for each classification created by the District; and WHEREAS, the General Manager has assessed the current personnel needs of the District and determined that amendments to the classification plan are necessary for the proper operation of the District.; and WHEREAS, the Board of Directors has reviewed and considered the recommendation of the Interim General Manager to abolish the executive Classification Specifications of Assistant General Manager, Assistant General Manager-Engineering, Chief Administrative Services Officer, Chief Human Resources Officer (originally adopted as Human Resources Director), Chief Information Officer (originally adopted as Chief Technology Officer), Chief Maintenance Officer, Chief Performance Officer, Chief Planning & Development Officer, Chief Planning, Engineering & Construction Officer, Chief Technology Officer, Chief Transportation Officer, Deputy General Manager, Deputy General Manager- Service Development, effective October 14, 2015. NOW THEREFORE, the Board of Directors of the Alameda-Contra Costa Transit District does hereby resolve as follows: Section 1. Effective October 14, 2015, abolish the executive Classification Specifications of Assistant General Manager, Assistant General Manager-Engineering, Chief Administrative Services Officer, Chief Human Resources Officer (originally adopted as Human Resources Director), Chief Information Officer (originally adopted as Chief Technology Officer), Chief Maintenance Officer, Chief Performance Officer, Chief Planning & Development Officer, Chief Planning, Engineering & Construction Officer, Chief Technology Officer, Chief Transportation Officer, Deputy General Manager, Deputy General Manager- Service Development attached hereto as Exhibit A.
Resolution No. 15-041
Pagel o/1 243
Staff Report 15-235
Attachment No.1
Section 2. Repeal Resolution Nos. 899, 1175, 1192, 2050, 2051, 06-017 in their entirety. Section 3. This resolution shall become effective immediately upon its passage by four affirmative votes of the Board of Directors.
PASSED AND ADOPTED this 16'" day of September, 2015.
H. E. Christian Peeples, President Attest:
linda A. Nemeroff, District Secretary
I, Linda A. Nemeroff, District Secretary for the Alameda-Contra Costa Transit District, do hereby certify that the foregoing Resolution was passed and adopted at a regular meeting of the Board of Directors held on the 16th day of September, 2015 by the following roll call vote:
AYES: NOES: ABSENT: ABSTAIN:
Linda A. Nemeroff, District Secretary
Approved as to Form and Content:
Denise C. Standridge, General Counsel
Resolution No. l5-04l
PogeZofZ 244
RESOLUTION NO.15 041 __...... EXHIBIT A #{f)}
A Alameda-contra Costa TransJt DistOO
.Ciaai~eatlon SpecifiCation
ASSISTANT GENERAL MANAGER
.,.....,_
E£0-
Repr....ced StatiM
t. otncSalel~
Noo-Represented
Fl.SA Statu.
000
........
...... Gr...
,.
~
·-- -· 3IW96
..... 1 ""
DEFINITION:
Under policy direction of the GeneraJ Manager, directs District operations of multijH departments or administrative programs such as Capital Planning, Service Development, Customer Services, Publk: lnfoonaUon, Human Resources, Affirmative Action, Safety, Special Project&, Legislative Governmental Relations, lntai'JUd Audit, Protective Services and Disadvantaged Business Enterprise; pnMdes executive leadership and expert ptofeuional aaslstance to District management staff ln assigned areas; performs related work as assigned. Exercises dlracl supervision over assigned management, 6Upervlsory, professional and office support personnel. D!SDNGUISHINO CHARACTERISTICS: This is an executiVe level class where incumbents may be assigned a variety offunclionalareas. Assistant General Manager level incumbents may have direct-line authority or responsibility for multiple complex departments, divisions, or programs that have agency-wide impact including the development and lmplementalion of muf!ipio policies and program!l. Incumbents are accountable: for accompijshing departmental goals and objectives and for furthedng District goals and objectives within general policy guidelines. EXAMEL~§ QF E§Sfi[l!!Bb E!l!:l!l!IQ!:IS: Essential functions may include, but are not Umlted to, the following: Develops and directs the Implementation of goals, objadives, poUcles, procedures and work standards k1 assfgned areas of respon5ibility; a&Sists in the development/modification of District shortllongof&nga plans; directs the preparation and administration of the annual budget for areas of responsibility, plans, organizes, administers, reviews and evaluates the activities of subordinate management/professional staff; Interprets Oistrict policies/procedures; dlrecls the selection of assigned staff and proWJas for theirtnlinlnglprofessional development; Is responsible for morale, productMty and dlsdpllne of department staff; confers with Disbict management regarding operations/development matters; ensures that governmental and policy regulations are met; directs spec:ialized programs in areas of responsibility, directs the conduct of anatytical studies; develops and reviews reports of findings, aHematives and recommendations; directs the presentations of a variety of periodic and special reports regarding departmental actMties; makes presentations before the Board or Directors and participates on various District management committees: represents the District in meetings Vt'ith representatives of governmental agencies, business, the public, etc.; monitor& de'lelopment& and legislation related to scope of responsibility and evaluates Impact on the District; recommendslim~ements policy/procedural improvement&.
MINIMUM QUALIE!CADQN§; Principles and practices of management and administration, leadership, motivation, learn building, Knowledge Of; orgarWttion, personnel management, Wdgef:preparation and administration, supervision, training, performance evaluation, and contract administration; applicable laM and regulations. 1\~Ui!l!Io: Plan and direct the administration and operations of a wide variety or policy and program areas with multiple
departments or dMslons; aslabf"ISh department objectives and effectively supervise department head$ to accomplish them: plan, organize, administer, review, and evaluate major operations and technical support services functions, programs end activities; ability to organize and manage multiple work activities simultaneously; develop, lmp!ement, and Interpret polides, procedures, work standards and internal controls; implements program soMces to ensure that legal and District policy guidelines are met; analyze complex problems, evaluate alternatives and make creative and sound recommendations; evaluate the Impact and cost-effectiveness of alternative approaches or ~oncepts; exercise sound Independent judgement within general policy guidelines; establish and maintain effective working relationships wittl customers, constituents, political figures, peers and staff; represent the Districl: effectively in meetings with others; prepare clear and concise reports, correspondence and other wrltten materials. Training; Equivalent to a Bachelots degree from an accredited college or university with major course work in planning, marketing, Mance, public administration, business administration, human resources or a related field. Experience: Nine years of Increasingly responsible expel1ence that includes substantial management experience at the department head level or higher In the administration of complex operational or development departments or projecbt in a large pubUc or private organtzaUon. Familiarity with transit or transportation system activities and functions, and experience directly related to major functional areas managed. are highly desirable.
245
MINIMUM QUAYE!CAT!ONS:
Kn9wlodat 01: Engineoring, architactuAI, desi~J~, and/or construc11on a1 an advanoad -
or e> lntllstry, of ll1e art cons1rucCian -~~ ondlheOr ,_use and - · · as well as m - or construction and matarlalolnopodion; safety P18Gtlces and procod"""'; applicable Fad81l!l, - · anciiOCallawo, <>rdilances, 111gulalions and ~; techniques or construclion dlllm awldance and claim,.._; pe
AI!IMty Tv:-._ and admi,_ ervr-'ri'IU andoonsiNCtion projeds in all phases; peffonn oa:uoa1e nNiew, andrevisa project plans, tod>nicol drawings and doruments; ensure OOfrClllonoo wilh COi1baot and conolruction . - a n d timetinas by conaultsnts and - · and monitor, oupervlse, and provide c:l1a1ge-Ordn, C>OitiiCIIw inslructiOnS and guidance as neadad; inwotigate and evaluata engnering and construc11on pnll>loms, andeslablish and implement alfeetiYe - . ; comm- c1ea1ty bRill 011111y and in wrillng; elfedlvely - • the District In engineering and daign ~; develop,
-·
negotiations- conttac:lon!, consultants,---- or OisW:tjun~; and -oh and maintain - v e rela1ionohlps wilh thole c:outaclod in t h e - Of wall< uSing principles or good ou1110mer
•
Education: Eq~.~ivalent to ~n d a Bad'tetot'a ~ f10m ., acaedited ootlege ot univeraily in civil,
alactrlc:al, or structural oug;.nng; arc:hlloct>Jfe; con.-uction---"' or a dolely- - · Exppt!IW; Eight (8) years of increasingly ntSpOf'ISible experience in engineering, arch~. or c:onSIIUctiOn; including at .......... (5) yellS In • supaMoory c:apacHy -lnc:*Jded project~ budget development and monitoring, and contract negotiation and administration.
Additional aducatlon
or experianco will be OOI10i
!imCit!l Rlauln!m!niS: (1) Ragislnltion os a pt'O(euional engineer or an:lli*twi1h1he stmt of Cllll'ornia. (2) Po......., or, or ability 1x> obtain and INiinUiln a valid C8lllomla Class c onvor Uc:onoe, and moet the Dlstric:l'a driving - I l l s .
l'hnjclll!agUmnln!!: Must maintain tha ~ ,_.-y IX> peo10rm taslmol>lle: end waM<, -.d, and climb short dis,.,... in construc11on -ngs in order 1o "'-<:!the progress of aaaig1od projects. ~~ ...~-·
_,........, ............
J
. • , •••
""-
• 246
Alameda Contra Costa Transit District Classification Specification
Chief Administrative Services Officer
DEFINITION: Under policy direction; develops, organizes, and directs multiple District departments, including Human Resources, Labor Relations, and/or others, as assigned by the General Manager.
REPRESENTATIVE FUNCTIONS may include, but are not limited to the following: •
Provides executive direction to multiple District departments and units; including Staffing and Classification; Labor Relations; Learning and Development; Drug and Alcohol Compliance; Leave Management, and Workers' Compensation
•
Evaluates, advises, and counsels assigned staff on personnel matters consistent with personnel rules, regulations, and established procedures; and provides technical direction through subordinate Directors and Managers.
•
Directs assigned departments and units, and may participate in department activities, including labor union contract negotiations, the resolution of arbitrations and grievances, and related issues.
•
Provides expertise regarding staffing decisions in the assigned departments, including recommendations for hiring, promotion, and termination; and coordination of training.
•
Develops and implements personnel rules and regulations; and interprets and administers provisions of collective bargaining agreements in order to recommend labor strategies and cost effective solutions to the General Manager and Board of Directors.
•
Directs the implementation and administration of the District-wide Performance Management program, as well as discipline and remedial measures, as assigned by the General Manager, and in coordination with the General Counsel's office, as needed.
•
Directs the development and implementation of strategic plans for process improvement for all assigned departments and programs; and for other District departments, as assigned by the General Manager.
•
Provides consultation, and develops and presents regularly scheduled and ad-hoc written and oral reports and analysis to the Board of Directors, Executive Staff, and other groups; on District and department projects, policies, procedures, activities, and state and federal laws and regulations.
•
Develops and directs the preparation and administration of the annual budget for all assigned departments, and areas of responsibility.
•
May serve on behalf of the General Manager, in his/her absence.
•
Develops, implements, and administers a variety of special projects, and provides consultation and assistance to the General Manager.
•
Performs other related duties, as defined and directed by the General Manager.
Page 1 of 2 247
Alameda Contra Costa Transit District Classification Specification
Chief Administrative Services Officer . MINIMUM QUALIFICATIONS: Knowledge of: Principles, policies, practices, and techniques of human resources, labor relations, staff development and training, and union contract administration in a public agency setting; project and policy development, management, and implementation; budget development and administration: employment and labor laws in a union setting; other applicable federal, state, and local laws, ordinances, regulations and requirements; principles of staff supervision, training, and organizational development; principles of leadership, team building, motivation and conflict resolution; business report writing; current office systems and software for project management, word processing, spreadsheets, presentation, and databases at the advanced level of proficiency. Ability To: Plan and direct the work of subordinate Directors, Managers, and other and professional staff; effectively train, motivate, and evaluate staff; prepare and administer complex budgets; develop and implement strategies for process improvement; apply collaborative work strategies and gain the cooperation of employees at all levels of the organization; analyze issues and develop alternative solutions; quickly learn and apply District policies, procedures, and collective bargaining agreements; quickly learn and effectively use new software, as adopted by the District; negotiate labor contracts and resolve issues between various District stakeholders; write, prepare, and/or analyze and evaluate comprehensive written reports with recommendations; communicate effectively and collaboratively in English, both orally and in writing, and make effective oral presentations to a variety of audiences; and establish and maintain effective working relationships with those encountered in the course of work using principles of excellent customer service. Education: Equivalent to a Bachelor's Degree from an accredited four-year college or university in Public Administration, Human Resources Management, Industrial/Organizational Psychology, Business Administration, Public Administration, or a related field. A Juris Doctor degree from an accredited law school, and/or post-graduate degree in one of the above fields are highly desirable. Experience: Minimum of ten (10) years of recent, and verifiable senior management-level experience in Labor Relations, and/or Human Resources, in a public agency setting. Experience must have included five (5) years directly supervising personnel at various levels in a union environment. Special Requirements: (1) Must be available to work outside regular business hours pursuant to the demands of the job. Physical Requirements: (1) Must maintain the physical condition necessary to perform tasks in an office setting and operate computers, keyboards, and other peripheral equipment. (2) Must possess the mobility necessary to travel expeditiously within the AC Transit District to perform the duties of the job.
s IHR\Dsta 12.{)1-01\Ctass·Comp\Ciass Spe<:s\Choef Ad!1'onostra~ooe SOIVie&s OF -1~ doc
Page2of2 248
[~1-
Alameda Contra Costa Transit District Classification Specification
J
Chief Human Resources Officer Class Code
081
1 FLSA Status Exempt
EEO Category
1
Officials/Administrators
[ Represented Status [ Salary Grade 1 Effective Date Non-Represented
N/A
I
REV 1·06
Resolution# 1175
Pages [
1
1 of2
1
DEFINITION: Under administrative direction, manages, plans, organizes, and directs the activities of the Human Resources Department, and provides agency-wide consultation and technical direction in areas such as recruitmenUselection, position classification, wage and salary administration, drug and alcohol compliance, employee and tabor relations, employee development, and affirmative action/equal employment opportunity. DISTINGUISHING CHARACTERISTICS: The incumbent in this classification is responsible for directing the District's human resources functions, and reports to the Deputy General Manager, who provides policy direction. EXAMPLES OF DUTIES/FUNCTIONS: Duties/functions may include but are not limited to the following:
•
Manages, directs and organizes human resource functions in areas such as recruitment/selection, position classification, wage and salary administration, drug and alcohol compliance, employee and labor relations, employee development and affirmative action/equal employment opportunity (AA/EEO).
•
Develops and presents written and oral reports on a wide variety of human resource issues, policies, procedures, local, state and federal laws, rules and regulations.
•
Consults with all levels of District staff and union representatives on human resources and labor relations issues, and may represent the District in labor relation matters with unions.
•
Counsels staff on a wide variety of personnel matters consistent with personnel rules, regulation, and procedures.
•
Provides technical direction to managerial, professional, and technical staff in carrying out human resource functions.
•
Prepares and administers the budget of the Human Resources Department.
•
Develops and implements personnel rules and regulations, and interprets and administers provisions of collective bargaining agreements.
•
Develops, implements, and administers a variety of special projects, and provides staff assistance to a Deputy General Manager.
•
Performs other related duties .
This Class S~ifiealion is intended to present e descriptive list of the range cf essenbal functions perfom"led by an incumbent i~~s class, but is not intel\ded to renect all duties ormed Wlthin tha "ob.
Established 11-00. First revision 1-06
Approved by Rick Fernandez, General Manager
249
Date
[
Alameda Contra Costa Transit District Classification Specification
J
Chief Human Resources Officer Class Codo
FlSA Stalus
EEO Category
Represented Status
Salary Grade
Effective Date
081
Exempt
1- Officials/Administrators
Non-Represented
NfA
REV1-06
Resolution # 1175
Pages 2of2
Knowledge of: Principles, policies and practices of personnel and human resource administration including but not limited to recruitment/selection, position classification, wage and salary administration, employee services, employee and labor relations, affirmative action/equal employment opportunities/diversity programs; department budget administration; supervision, training, employee and organizational development, leadership, team building, motivation and conflict resolution; business report writing; collective bargaining agreements; dispute resolution and collaborative problem solving techniques; pertinent local, state and federal laws, rules and regulations; modern office systems; and personnel software. Supervise and direct the work of managerial, professional, technical, and clerical staff performing a variety of human resources functions; effectively train and evaluate staff; prepare and administer a department budget; apply collaborative work strategies and gain the cooperation of employees at all levels of the organization; analyze issues and develop alternative solutions; prepare comprehensive written reports with recommendations; make oral presentations to a variety of audiences in human resource related topics; and establish and maintain positive working relationships with District personnel, union representatives, and members of the public using principles of good customer service. Ability To:
Education/Training: Equivalent to a Bachelor's Degree from an accredited four-year college or university in Industrial Psychology, Human Resource Management, Public Administration or a directly related field. Experience: Seven (7) years of increasingly responsible experience in human resources administration that included four (4) years experience supervising journey-level staff in a major human resource functional area such as recruitmenUselection, labor relations, or position classification.
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\Ciass-Comp\C!ass
S~csiCI1ieiHROicr
REV 1-06 de<:
Established 11-00. First revision 1-06
Approved by Rick Fernandez, Genera! Manager
250
Date
Alameda Contra Costa Transit District Classification Specification
Chief Information Officer Effective Date Rev 3-10
Resol ution # 11 92
DEFINITION: Under the direction of the General Manager; exercises authority and responsibility for Information Technology, and the Information Services (IS) department; provides strategic direction, policy guidance, and the IT services necessary to meet the District's operational objectives; and maintains responsibility for overseeing and coordinating all IT investments, initiatives , projects and programs. REPORTS TO: The General Manager, or designee. REPRESENTATIVE FUNCTIONS may include, but are not limited to the following: •
Develops and communicates a strateg ic direction , as well as operating and control strategies for IT in order to achieve consensus with District stakeholders and ensure that District management and staff are in agreement on IT strategy.
•
Maintains an IT environment that provides the District with the necessary information to make sound business decisions.
•
Oversees and monitors the Project management Office (PMO) for the District.
•
Reviews and approves technical specifications, procurement and/or development, testing, implementation, and administration of all IT systems; and ensures that all IT projects and programs are budgeted, planned, organized, and staffed to meet District's business objectives.
•
Provides leadership and expertise to recruit and retain an IT staff that is effective in implementing the Districts IT program, and stays abreast of changing information technologies. Provides programs for ongoing staff development and training.
•
Provides the resources to prepare all District staff to develop and maintain IT competency on a continual basis, and ensures that management and staff stay current with trends in IT.
•
Serves as chair of the IT Steering Committee; develops and recommends the IT investment plan; establishes District-wide standards and system architectures; and provides the technical vision that supports the strategic planning process.
•
Communicates business implications of technical alternatives to the Board of Directors, General Manager, and Executive Staff.
•
Develops, implements, and maintains information, application, hardware and network architectures.
•
Responsible for negotiating and administering contracts for IT equipment and services.
•
Manages vendor and consultant relationships through effective negotiations and communications and by strengthening contract management, quality assurance and technical services .
.
•
Develops and manages the District budget for all Information Tech nology capital and operating expenses.
•
Performs related duties as required .
This Class Specification Is Intended to present a dewlptive list of t11e range or essen(fal functions performed by an incumbent in this class. but is llQ! intended to reflect all duties performed witl1tn t11e iob.
Established 3-01. Revised 10-06 & 310
Approved by Mary King, Interim General Manager 251
Date
Alameda Contra Costa Transit District Classification Specification
Chief Information Officer Effective Date REV3-10
Resolution # 1192
MINIMUM QUALIFICATIONS: Knowledge Of: Contemporary Information Technology including software, hardware, network and communication technologies, and best practices; strateg ic planning methodology and deployment practices. Management techniques including leadership, commu{"lication , organizational development, team building and conflict resolution. Ability To: Bring people together around complex goals, develop consensus among user groups and individuals affected by the introduction of new technologies; track multiple complex projects through the delegation of authority and accountably; communicate technical concepts to business management and staff; recruit, develop and manage a technically proficient IT staff; and establish and maintain effective working relationships with District employees, customers, and representatives of public and private entities using principles of excellent customer service. Education: Equivalent to a Masters degree in Computer Science or related field from an accredited fouryear college or university. Additional years of experience may be considered in lieu of the postbaccalaureate portion of the education requirement on a year-for-year basis. Desired: Advanced studies in Information Technologies. Experience: A minimum of five (5) years of executive level management in IT, or ten (10) years of other verifiable high level IT management experience. This experience must have included a diverse combination of skills in technology, business, and interpersonal communications; and demonstrated leadership and organizational capabilities. Physical Requirements: Must maintain the physical ability necessary to perform tasks in an office setting , operating multiple computers, keyboards, and other peripheral equipment.
S·IHR\Oata 12.01-
This Class Specification is intendea to present a descriptive list of the range of essential functions performed by an Incumbent In thJs dass, but is not intended to renect all duties performed within the iob.
Established 3-01. Revised 10-06 & 310
Approved by Mary King, Interim General Manager 252
Date
Alameda-Contra Costa Transit District Classification Specification
Chief Maintenance Officer Class Code 021
FLSA Status Exem I
EEO Gate o 1-0fficials/Administrators
Re resented Status Non-re resented
Sala Grade At-will
Effective Date 3-7-02
Resolution# Pa es 2051 . 1 1 of2_1
DEFINITION: Under policy direction, organizes, develops, plans, and directs all District maintenance functions, and ensures alignment of these functions with the goals and critical business outcomes of District operations. May serve on behalf of the General Manager in his/her absence. REPORTS TO: The General Manager, and/or Deputy General Manager.
DISTINGUISHING CHARACTERISTICS: This executive-level position is responsible for providing administrative and policy direction to the District's overall maintenance functions, and furthering the District's goals and critical business outcomes. ESSENTIAL FUNCTIONS: Duties/functions may include but are not limited to the following: •
Provides policy direction and expertise to division and department management in the Maintenance Division to ensure the effective repair, maintenance, and timely availability and functionality of the District's vehicles, facilities, and equipment.
•
Provides executive and policy direction to managerial, professional, and technical staff engaged in implementing maintenance functions, and advances the attainment of goals, objectives, policies, procedures and work plans.
•
Manages statistical and data analysis projects, oversees the management of records systems and databases for maintenance tracking and research purposes, and administers programs and assigned special projects.
•
Develops and presents written and ora! reports and analyses on a wide variety of complex maintenance services issues to executive staff, other District personnel, the Board of Directors, union representatives, and community groups.
•
Provides expertise and advice regarding staffing decisions in the Maintenance division, including recommendations for hiring, promotion, and termination; coordination of training and evaluation; and the implementation of discipline and remedial measures.
•
Prepares and administers the budget of the Maintenance division.
•
Participates in various labor/management committees and projects, and participates in problem solving, grievance resolution, and other related labor relations activities.
•
Performs other related duties, as defined and directed by the General Manager and Deputy General Manager.
Classification Specification Adopted 3/7/02 253
Alameda-Contra Costa Transit District Classification Specification
Chief Maintenance Officer Class Code 021
FLSA Status Exem I
EEO Cate o 1 Officials/Administrators
Re resented Status Non-re resented
Sal a Grade At-will
Effective Date 3-7-02
Resolution# 2051
Pa es 1 of 2
MINIMUM QUALIFICATIONS: Knowledge of: Principles, policies and practices of vehide and facility maintenance and related programs; theory of mechanical engineering; motor-vehicle engine and drive-train operation and maintenance; preventative maintenance inspection and servicing, and facility maintenance and repair; apprentice mechanic programs; principles and practices of mathematical and basic statistical modeling; budget administration and capital planning; policy development and implementation; supervision, training, employee and organizational development; principles of leadership, team building, motivation and conflict resolution; business report writing; pertinent local, state and federal laws, rules, regulations, and collective bargaining agreements; modern office systems and current business software for word processing, spreadsheets, and presentation equivalent to the intermediate level of proficiency. Ability To: Plan and direct the work of managerial and professional staff engaged in complex and varied maintenance functions; effectively train and evaluate staff; prepare and administer complex budgets; apply collaborative work strategies and gain the cooperation of employees at all levels of the organization; analyze complex technical issues and develop alternative solutions; write, prepare and/or analyze and evaluate comprehensive written reports with recommendations; make effective oral presentations to a variety of audiences; and establish and maintain positive working relationships with District personnel, union representatives, and members of the public using principles of good customer service. EducationfTraining: Equivalent to a Bachelor's Degree from an accredited four~year college or university in mechanical engineering, facilities engineering, transportation planning, business, public administration, or a related field. Experience: Nine {9) years of increasingly responsible management experience that included five (5) years of experience in the administration of a maintenance division and multiple ancillary departments in an organization comparable to the AC Transit District.
S \HR\Oata 12·01.01\Crass-CompiC'ass Specs\Chlef Mamt Ofcr3-7·02 CS doc
Classification Specification Adopted 317/02 254
Alameda Contra Costa Transit District Classification Specification
Chief Performance Officer
DEFINITION: Under policy direction, develops, organizes, and directs multiple District departments, including Procurement and Materials Management, Labor Relations, Project Controls & Systems Analysis, and Capital Planning and Grants. REPORTS TO: The General Manager, or designee.
REPRESENTATIVE FUNCTIONS may include, but are not limited to the following: •
Provides executive direction to multiple District departments; including Procurement and Materials Management, Labor Relations, Project Controls & Systems Analysis, Capital Planning and Grants, and/or others assigned by the General Manager.
•
Directs the development and implementation of strategic plans for process improvement and project control for all assigned programs and departments, as well as other District departments, as assigned by the General Manager.
•
Represents the District, and participates in labor union contract negotiations and the resolution of grievances and other labor issues. Analyzes current collective bargaining agreements, and recommends strategies and cost effective solutions to the General Manager and Board of Directors.
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Develops and presents regularly scheduled written and oral reports and analysis on District projects, and department activities.
•
Consults with, and makes presentations to the District's Board of Directors, District staff, community groups, and members of the public on a wide variety of projects and procurement issues.
•
Provides expertise and advice regarding staffing decisions in the assigned departments, including recommendations for hiring, promotion, and terminaf1on; coord"lnation of training; and the implementation of discipline and remedial measures District~wide, in coordination with Human Resources and the Office of the General Counsel, as needed.
•
Collaborates in the development and implementation of District-wide and departmental goals, critical business outcomes, policies, procedures, and plans.
•
Directs the preparation and administration of annual budgets for all areas of responsibility.
•
May serve on behalf of the General Manager, in his/her absence.
•
Performs other related duties, as defined and directed by the General Manager.
This Class Specification is intended to present a descriptive list of the range of representative functions performed by an incumbent in this class '-"'""-';"-'"'"""'"'int;eeocod"ed'-'l"-o"'tetl"!e'-'"ct"''"'"""""'tie"'-"''""""'"m"ed'-'w"';t,h;co""!'h:c•"'ob"'.---,=c-.-=.-----------------Page1of2 255
_j
Alameda Contra Costa Transit District Classification Specification
Chief Performance Officer MINIMUM QUALIFICATIONS: Knowledge of: Principles, policies and practices of policy development and implementation, budget administration, and project management and control; the principles and techniques of capital planning, grants, and procurement and materials management in a public agency setting ; labor and employment law in a union setting ; principles of staff supervision, training, and employee and organizational development; principles of leadership, team building, motivation and conflict resolution; applicable federal, state and local laws, ordinances, regulations and requirements; business report writing; current office systems and current business software for project management, word processing, spreadsheets, presentation , and databases at the advanced level of proficiency.
Ability To: Plan and direct the work of managerial and professional staff; effectively train, motivate, and evaluate staff; prepare and administer complex budgets ; develop and implement strategies for project control and process improvement; apply collaborative work strategies and gain the cooperation of employees at all levels of the organization; analyze issues and develop alternative solutions; quickly learn and apply District policies, procedures, and collective bargaining agreements; negotiate labor contracts and resolve issues between various District stakeholders; write, prepare and/or analyze and evaluate comprehensive written reports with recommendations; make effective oral presentations to a variety of audiences; and establish and maintain effective working relationships with those encountered in the course of work using principles of excellent customer service. Education/Training : Equivalent to a Bachelor's Degree from an accredited four-year college or university in business, public administration, project controls, or a related field. Experience: Minimum of ten (10) years of recent. and verifiable senior management experience in Labor Relations, Capital Projects, and/or Procurement in a public agency setting. Experience must have included five (5) years directly supervising personnel at various levels in a union environment. Physical Requirements: Must maintain the physical condition necessary to: (1) perform tasks in an office setting operating a personal computer, keyboards, and other peripheral equipment; and (2) possess physical mobility in order to direct or conduct field studies, and attend external meetings and events.
S·IHR\Oata 12.01·01\Ciass·Comp\Ciass Spocs\Chtol Porlormance Officer 2·13.doc
This Class Specification Is Intended to present a descriptive list of the range of representative functions performed by an Incumbent in this class but fs not Intended to reflect all duties erformed within the ob.
Page 2 of 2 256
Alameda Contra Costa Transit District Classification Specification
Chief Planning & Development Officer Effective Date 2-13·13
Resolution # 13-010
DEFINITION: Under policy direction, develops, organizes, and directs multiple District departments engaged in the planning and development of District capital projects, community relations . and long-range planning and development. REPORTS TO: The General Manager, or designee. REPRESENTATIVE FUNCTIONS may include, but are not limited to the following: •
Provides executive direction to multiple District departments, including Capital Projects, Engineering and Design, Planning and Development, Community Relations and Legislative Affairs, and/or others assigned by the General Manager.
•
Collaborates in the development and implementation of District-wide and departmental goals, critical business outcomes, policies, procedures, and plans.
•
Directs the development of long range Capital Improvement programs, and collaborates on a continual basis with Operations management and staff.
•
Directs the development of Requests for Proposals/Qualifications; and partners with Procurement to achieve the most advantageous solicitation process, and pricing objectives, while adhering to the District's objectives and quality standards.
•
Directs the approval of plans, specifications, reports, and other documents submitted by District staff and consultants; and orders appropriate revisions.
•
Directs the examination and analysis of proposed and adopted legislation and plans and initiatives from community groups and the general public, in order to evaluate the impact on the District.
•
Reviews and approves payment applications and change orders by contractors and consultants in consultation with appropriate District staff, and in compliance with the District process and procedures.
•
Develops and presents regularly scheduled written and oral reports and analysis on District capital projects, and planning and development.
•
Consults with and makes presentations to the District's Board of Directors, District staff, community groups, and members of the public on a wide variety of complex capital projects, and planning and development issues.
•
Provides expertise and advice regarding staffing decisions in the assigned departments. including recommendations for hiring, promotion, and termination; coordination of training; and the implementation of discipline and remedial measures, in coordination with Human Resources and the Office of the General Counsel, as needed.
•
Directs the preparation and administration of annual budgets for all areas of responsibility.
•
May serve on behalf of the General Manager, in his/her absence.
•
Performs other related duties, as defined and directed by the General Manager.
This Class Specification is Intended to present a descriptive list of the range of representative functions performed by an Incumbent in this class, but is not intended to reflect all duties performed within lhe job.
Page 1 of 2 257
Alameda Contra Costa Transit District Classification Specification
Chief Planning & Development Officer MINIMUM QUALIFICATIONS: Knowledge of: Principles, policies and practices of policy development and implementation, budget administration, capital planning and project management; principles of staff supervision, training , and employee and organizational development; principles of leadership, team building, motivation and conflict resolution; quality assurance practices in the design and construction industry; methods of construction and materials inspection; methods of construction claim avoidance and claim resolution ; safety practices and procedures; applicable federal, state and local laws, ordinances, regulations and req u irements; procurement processes and techniques; business report writing ; current office systems and current business software for project management, word processing , spreadsheets, presentation, and databases at the advanced level of proficiency. Ability To: Plan and direct the work of managerial and professional staff; effectively train, motivate, and evaluate staff; prepare and administer complex budgets; apply collaborative work strategies and gain the cooperation of employees at all levels of the organization; analyze issues and develop alternative solutions; quickly learn and apply District policies, procedures, and collective bargaining agreements; negotiate and resolve issues between various District stakeholders; write , prepare and/or analyze and evaluate comprehensive written reports with recommendations; make effective oral p resentations to a variety of audiences; and establish and maintain effective working relationships with those encountered in the course of work using principles of excellent customer service. Education/Training: Equivalent to a Bachelor's Degree from an accredited four-year college or university in business, public administration, transportation planning , engineering, architecture, construction management, project management, or a related field . Experience: A minimum of ten (1 0) years of recent, verifiable senior management experience in capital project management that included multiple capital projects with a minimum construction budget of at least $10 million. Experience must have included the demonstrated use of advanced project management methodologies and techniques, as well as budget development, public agency procurement , contract negotiation, and five (5) years directly supervising personnel at various levels in a union environment. Physical Requirements: Must maintain the physical condition necessary to: (1) perform tasks in an office setting operating a personal computer, keyboards, and other peripheral equipment; and (2) possess physical mobility in order to direct or conduct field studies, and attend external meetings and events.
S:\HR\Data 12-01-01\Ciass-Comp\Ciass Specs\Chlof Planning Dvpmt Officer 2·13.doc
This Class Specification is intended to present a descriptive list of the range of representative functions performed by an incumbent in this class, but is not Intended to reflect all duties performed within the job.
Page 2 of 2 258
Alameda Contra Costa Transit District Classification Specification
Chief Technology Officer Effective Date REV 2·1 3
Resolution # 1192 & 13-010
DEFINITION: Under policy direction, develops, organizes, and directs multiple District departments, including the Information Services and Customer Services departments. REPORTS TO: The General Manager, or designee. REPRESENTATIVE FUNCTIONS may include, but are not limited to the following: •
Provides executive level direction on all activities, policies, and procedures pertaining to the Information Services and Customer Services department; and ensures that all programs are appropriately budgeted, planned, organized, and staffed to meet District's business objectives.
•
Develops and communicates a strategic plan, and operating and control strategies for the Information Services and Customer Services departments.
•
Oversees the selection. supervision, training , motivation, evaluation and discipline of staff and ensures the development technical skills and competencies of professional staff, in coordination with Human Resources and the Office of the General Counsel , as needed.
•
Directs the development and maintenance activities for all information technology (IT) systems. including hardware, software, and networks to ensure reliability, availability, security, and recovery capability.
•
Develops and recommends the IT investment plan; establishes District-wide standards and system architectures; and provides the technical vision that supports the strategic planning process.
•
Stays abreast of changing information technologies and communicates business implications of technical alternatives to the Board of Directors, General Manager, and Executive Staff.
•
Manages vendor and consultant relationships through effective negotiations and administration of contracts for IT equipment and services and customer services functions.
•
Ensures effective management of all projects and ensures appropriate project controls and communication plans are in place.
•
Ensures consistently excellent customer service experiences both for internal and for external customers and partner agencies.
•
Oversees the District's IT complaint resolution process and ensures resolution of complaints and customer concerns.
•
Responsible for representing the District, and making presentations to the Board of Directors, public, private, and community groups regarding the District's customer services and special projects.
•
Develops and administers the annual budgets; approves the forecast of funds needed for staffing, equipment, materials and supplies; approves expenditures, and implements budgetary adjustments as appropriate and necessary.
This Class Specification is intended to present a descriptive list of the ra nge of representative functions performed by an incumbent In this class but Is not intended to reflect all dutres erformed within the ob.
Page 1 of 2 259
Alameda Contra Costa Transit District Classification Specification
Chief Technology Officer •
May serve on behalf of the General Manager, in his/her absence.
•
Performs related duties as defined and directed by the General Manager.
MINIMUM QUALIFICATIONS: Knowledge Of: Contemporary Information Technology including software, hardware, network and communication technologies, and best practices; strategic planning methodology and deployment practices; procedures and practices of project management and control; management techniques including leadership, communication, organizational development, team building and conflict resolution; customer service practices and procedures; and current office software for word processing, spreadsheets, databases, and presentation at the advanced level of proficiency. Ability To: Bring people together around complex goals, develop consensus among user groups and individuals affected by the introduction of new technologies; track multiple complex projects through the delegation of authority and accountably; communicate technical concepts to business management and staff; recruit, develop and manage a technically proficient IT staff; and establish and maintain effective working relationships with those encountered in the course of work using principles of excellent customer service. Educ ation : Equivalent to a Bachelor's Degree from an accredited college or university in Computer Science, Business Administration, Public Administration or a closely related field . Experience: A minimum of ten ( 10) years of senior level management in Information Technology. This experience must have included a diverse combination of skills in technology, business. customer service, and interpersonal communications; and demonstrated leadership and organizational capabilities. Physical Requirements: Must maintain the physical ability necessary to perform tasks in an office setting, operating multiple computers, devices, keyboards , and other peripheral equipment.
Established 3-01 . Revised 10-06, 3-10 & 2-13
S.IHR\Data 12·01-01\Ciass.COmp\Ciass Specs\ChiefTechnology Olficer REV 2-13.doc
This Class Specification is intended to present a descriptive list of the range of representative functions performed by an incumbent in this class but Is not intended to reflect all duties performed within the 'ob.
Page 2 of 2 260
Alameda-Contra Costa Transit District Classification Specification
Chief Transportation Officer
DEFINITION: Under policy direction, plans, develops, organizes, and directs the implementation of the District's transit services. The position provides highly complex and responsible direction for multiple operations departments and administrative programs. May serve on behalf of the General Manager in his/her absence. REPORTS TO: The General Manager, and/or Deputy General Manager. DISTINGUISHING CHARACTERISTICS: This executive-level position is responsible for directing the District's transportation services, as well as multiple ancillary departments. The incumbent is accountable for accomplishing the critical business outcomes of assigned operations departments, and advancing District goals and objectives within general policy guidelines. ESSENTIAL FUNCTIONS: Duties/functions may include but are not limited to the following: •
Plans, manages, develops, organizes, and directs the activities of multiple operations departments, including Transportation, Services Supervision, Training and Education, Protective Services, and/or others assigned by the General Manager.
•
Collaborates in the development and implementation of District-wide and departmental goals, critical business outcomes, policies, procedures, and plans.
•
Develops and presents written and oral reports and analyses on a wide variety of highly complex transit service issues.
•
Consults with and makes presentations to the District's Board of Directors, District staff, union representatives, community groups and members of the public on a wide variety of complex and multifaceted transit service issues.
•
Provides expertise and advice regarding staffing decisions, including recommendations for hiring, promotion, and termination; coordination of training; and the implementation of discipline and remedial measures.
•
Provides technical direction to managerial, professional, and technical staff in carrying out assigned functions.
•
Directs the preparation and administration of annual budgets for areas of responsibility.
•
Develops, implements, and administers a variety of special projects
•
Performs other related duties, as defined and directed by the General Manager and Deputy General Manager.
Classification Specification 2/8/02 261
Alameda-Contra Costa Transit District Classification Specification
Chief Transportation Officer Class Code 015
FL.SA Status Exem
EEO Catego 1-0fficials/Administrators
Re resented Status Non-re resented
Sala Grade At-will
Effective Date 3-7-02
Resolution # 2051
Pa es 2of2
MINIMUM QUALIFICATIONS: Knowledge of: Principles, policies and practices of transit management and administration; policy development and implementation; budget administration and capital planning; supervision, training, employee and organizational development; principles of leadership, team building, motivation and conflict resolution; business report writing; pertinent local, state and federal laws, rules, regulations, and collective bargaining agreements; modern office systems and current business software for word processing, spreadsheets, and presentation equivalent to the intermediate level of proficiency. Ability To: Plan and direct the work of managerial and professional staff; effectively train and evaluate staff; prepare and administer complex budgets; apply collaborative work strategies and gain the cooperation of employees at all levels of the organization; analyze issues and develop alternative solutions; write, prepare and/or analyze and evaluate comprehensive written reports wlth recommendations; make effective oral presentations to a variety of audiences; and establish and maintain positive working relationships with District personnel, union representatives, and members of the public using principles of good customer service. Education/Training: Equivalent to a Bachelor's Degree from an accredited four-year college or university in business, public administration, transportation planning, mechanical engineering, or a related field. Experience: Nine (9) years of increasingly responsible management experience that included five (5) years of experience in the administration of a transportation division and multiple ancillary departments in an organization comparable to the AC Transit District.
S.\HR\Data\Ciass-Comp\Ciass Spees\Cn1a1 Trans Ofcr-PROPOSt::D doc
Classification Specification 2/8/02 262
AllrMCI..contr• Costa Trant It Dlttrict Cll11tfkat!On Specification
DEPUTY GENERAL MANAGER
DEFINITION: Under policy direction, the Deputy General Manager is responsible for assisting the General Manager In planning, developing, organizing and directing the activities of the District. In a
l~~~:~:~~~o:ul~:l~h~e~po~lic~le.s and programs of
the and Olttrict. The department soal$ and objectives furthering
II
EXAMPLES OF DUTIES/FUNCTIONS: Outleslfunctiona may Include but are not limited to the
fOHowlng: •
Plans, manages, develops, organizes and directs the activities of Dittrict·wlde funcllona as well asepeclfic administrative and operational departments as assigned by the General Manager;
•
Assists the General Manager in the development and implementation of District-wide goals,
objectives, po!ieles and procedures and plans; develops and implements departmental policiea and procedures; •
Develops and presents writlen and oral reports and analysis on a wide variety of highly complex transit isaues having District-wide impacts;
• Consults and collaborates with and makes presentations to District staff, union representatives, community groups and members of the -public on a wide variety of highly compfex Issues having District-wide Impact; •
Recommends the appointment of staff; provides or coordinates staff training; works with employees to correct deficiencies; implements diScipline procedures; recommends employee terminations:
•
Provide& technical direction to managerial, profesalonal, and technical etaff In carrying functions;
•
Olrecta the preparation and administration of annual budgett for areas of r.spontlbllity:
•
Performs other related dutln.
263
out
Alameda-Conlr• C:O.t.l Transit District CIIMifltaUM Speclflc.tlon
DEPUTY GENERAL MANAGER
'"' """'"
......
,.,
Principles, polieles and practices of management and •dmlnistration, poUcy Implementation, budget adminiatratlon, tupervltion, training, employee and org;onuiati<>_nal development. leadership, team building, motivation and conflict resolution, busJnen report writing, pertinent local, state and federal laws, rules and regulations, and coliacttve bargaining agreements, modern office systems and business software. Ability To: Plan and direct the work of managerial and professional staff; effectively train and evaluate staff; prepare and administer complex budgets; apply collaborative work strategies and gain the cooperation of employees at an levels of the organizatiOn; analyze issues and develop alternative aolutions; prepare andfor analyze and evaluate comprehensiVe written report& with recommendations; make effective oral presentations to a variety of audiences; and establish and maintain positive working relationships with District personnel. union representatives, and members of the public using principles of good customer service.
EducatfonfTralnlna: Equivalent to a Bachelor's Degree from an accredited four-year college or uni\lersity In business or public administration or a related field. Nlne years of Increasingly responsible management experience that included five · in the administration of complex departments or projects In a large public or i Famniarity wlth transit or transportation system activities and functions, and private experience directly related to major functional areas managed are highly desirable.
264
Alameda~Contra Costa Transit District Classification Specification
Deputy General Manager -Service Development Class Code
013
FLSA Status Exempt
Represented Status
EEO Category 1 -Officials/Administrators
Salary Grade
At·Will
NIA
Effective Date
Resolution #
Pages
10127/99
""
1 of 2
DEFINITION: Under policy direction, the Deputy General Manager- Service Development is responsible for assisting the General Manager and the Deputy General Manager in planning, developing, scheduling, organizing and directing the implementation of the District's transit services. The position provides highly complex and responsible direction for multiple departments or administrative programs responsible for short~ and long-range capital and service planning and scheduling. May serve on behalf of the General Manager in his/her absence. DISTINGUISHING CHARACTERISTICS: This is an executive-level position responsible for the District's service development functions; incumbent serves as the primary service planning and scheduling advisor to the District's General Manager and Deputy General Manager. The incumbent is accountable for accomplishing goals and objectives of the District's service development departments and furthering District goals and objectives within general policy guidelines. EXAMPLES OF DUTIES/FUNCTIONS: Duties/functions may include but are not limited to the following: •
Plans, manages, develops, organizes and directs the activities of multiple service development related departments as assigned by the General Manager;
•
Assists 1n the development and implementation of District-wide goals, objectives, policies and procedures and plans; develops and implements departmental policies and procedures;
•
Develops and presents written and oral reports and analysis on a wide variety of highly complex service developmenUtranslt issues;
•
Consults and collaborates with and makes presentations to District staff, union representatives, community groups and members of the public on a wide variety of highly complex service development 1 transit issues;
•
Recommends the appointment of staff; provides or coordinates staff training; works with employees to correct deficiencies; implements discipline procedures; recommends employee terminations;
•
Provides technical direction to managerial, professional, and technical staff in carrying out assigned functions;
•
Directs the preparation and administration of annual budgets for areas of responsibility;
•
Performs other related duties.
Classification Specification 265
Alameda-Contra Costa Transit District Classification Specification
Deputy General Manager- Service Development Class Code
013
FLSA Status Exempt
EEO Category
Represented Status
1- Officials/Administrators
Salary Grade
At-Will
NIA
Effective Data
10127199
Resolution #
Pages
2 of 2
Knowledge of: Principles, policies and practices of management and administration, policy development and implementation, budget administration, supervision, training, employee and organizational development, leadership, team building, motivation and conflict resolution, business report writing, pertinent local, state and federal laws, rules and regulations, and collective bargaining agreements, modern office systems and business software. Ability To: Plan and direct the work of managerial and professional staff; effectively train and evaluate staff; prepare and administer complex budgets; apply collaborative work strategies and gain the cooperation of employees at all levels of the organization: analyze issues and develop alternative solutions; prepare and/or analyze and evaluate comprehensive written reports with recommendations; make effective oral presentations to a variety of audiences; and establish and maintain positive working relationships with District personnel, union representatives, and members of the public using principles of good customer service. Education/Training: Equivalent to a Bachelor's Degree from an accredited four-year college or university in transportation planning, urban studies, business or public administration, economics or a related field. Experience: Nine (9) years of increasingly responsible management experience that included five (5) years of experience in the administration of complex departments or projects in a large public or private organization. Familiarity with transit or transportation system activities and functions, and experience directly related to major functional areas managed are highly desirable.
S:IHRIDATA\CLS-COMP\SPECS\Deputy GM-SIVC Dvpmt SPEC.doc
Classification Specification 266
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.
PLEASE REFER TO THE COMMITTEE SECTIONS OF THIS AGENDA PACKAGE FOR STAFF REPORTS
267
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268
AGENDA PLANNING/ STANDING COMMIITEE PENDING LISTS
AC TRANSIT BOARD OF DIRECTORS
EXTERNAL AFFAIRS COMMITTEE
=
------======~==~---------· Monthly
•
legislative Report [Updates on State, Federal, Regional and local legislation]
Semi-Annual Quarterly Reports (Oct, April) • Update on the next generation of Clipper Annual
•
State/Federal Advocacy Program
Pending Not Scheduled • Status report on the Oral History Project. [Request from President Peeples to retain on long-term pending. Staff to continue efforts to locate funds, hire personnel utilizing grant funds, and contact local museums to determine if there is interest in taking on the project]. • Report on COMTO's Careers in Transportation for Youth (CITY} Intern Program and how AC Transit
can participate. [Requested by Director Williams- 7/29/15]
L
FINANCE AND AUDIT COMMITTEE
Monthly • Report on Investments • Fiscal Policies (Review one per month) Bi-Monthly • Budget Update Quarterly Reports (Nov, Feb, May, Aug) • Board/Officer Travel/Meeting Expense • Employee Out-of-State Travel • Surplus/Obsolete Materials Annual Reports Appropriations limit (June); Adoption (July) Audit Engagement letter (June} Budget Calendar (Nov) Externally Funded Welfare to Work (Nov) • Parcel Tax Oversight Committee (Dec to Board) Year-End Audited Financial Statements {Nov) Pending Not Scheduled • Report on the status of the Tier 2 Retirement plan under PEPRA so that staff and the public would be informed. (Requested by Director Harper- 8/19/15; President Peeples concurred with the caveat that the Board must meet with the bargaining units before discussing this in open session.] • Report on the advisability of having the Internal Audit Department report directly to the Board. [Requested by President Peeples- 5/28/14] Referred to September Board Retreat
Agenda Planning September 16, 2015
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269
AGENDA PLANNING/ STANDING COMMITIEE PENDING LISTS
AC TRANSIT BOARD OF DIRECTORS
,__ _ _ _ _ _ _ _ _ _ _O_P_E_RA_T_I_c_O_Nc_S_CO_M_M_IIT-"EE_ _ _ _ _ _ _ _ _ _ _ _ ] September •
Discussion regarding suggestions for a Board Policy on exit interviews and to what extent those interviews, and the reporting thereof, should be different if the person who exited reports directly to a Board Officer. {Requested by President Peeples- 11/14/12] Referred to Board Retreat
October Development of a policy concerning ex parte communications and disclosures by Directors during the entire procurement process from issuance of an RFP, IFB, or RFQ through protest. It was suggested
that staff review the California Public Utilities Commission Rules of Practice and Procedure pertaining to ex parte situations. [Requested by President Peeples- 9/5/12] Implementation of a District~wide calendaring system to track contracts, license renewals, etc. [Requested by President Peeples- 4/25/12] May be removed February • Report on the Heavy Duty Coach Mechanic Apprenticeship program [Requested by President Peeples - 9/24/14] Report to include how many women are enrolled in the program. [Requested by Director
Wallace -7/29/15] Quarterly Reports (Nov, Feb, May, Aug) Operations Performance Report (includes report on the Call Center) Contracts/Purchasing Activity Report Semi Annual Reports • DBE/FTA Report and DBE Goal Update (May/Nov) Pending Not Scheduled • Report on the closure of the print shop. Retained in Committee pending further study of the placement of Print Shop employees into other positions, the anticipated cost savings, capital investments and useful life of capital equipment, and to explore whether the Print Shop can in-source work from outside of AC Transit (Retained in Committee 8/15/12). • Investigate the creation of a District store which would have hats, clothing and other items available or sale. [Requested by Director Williams -8/28/13] • Creation of a video privacy policy specifically for all of the video associated with the BRT stations once operational. [Requested by President Peeples - 2/12/14. President Peeples to provide additional information to be included in the draft policy.] • Investigate and report what other public agencies are doing as part of the ongoing conversation of the merit pay issue. [Requested by Director Ortiz -7/9/14] • Report on management training provided to AC Transit managers, including what is currently offered and what can be made available. [Requested by Director Williams- 9/24/14] • Report on the upholstery department, including projects the upholstery department could do inhouse rather than outsourcing. [Requested by Director Williams- 6/10/15] • Donation of a retired bus to Lava Mae for use as a mobile shower facility for the homeless. [Requested by Director Williams- 4/8/11] • Report on the services provided by the Cypress Mandela Training Center ways AC Transit can incorporate their services into the District's construction projects. [Requested by Director Young-
8/19/15] Agenda Planning September 16, 2015
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AGENDA PLANNING/ STANDING COMMITIEE PENDING LISTS
AC TRANSIT BOARD OF DIRECTORS
Operations Committee, cont. •
Report on Operator safety, explaining he had witnessed a young passenger who didn't want to pay the fare assault an Operator. [Requested by Director Harper- 8/19/lSJ Report analyzing existing classification specifications to determine whether they meet the requirements to be represented or unrepresented and the development of policy guidelines to be used in making such determinations. [Requested by Vice President Ortiz- 9/2/15]
PLANNING COMMITTEE
October Report on ridership numbers for Trans bay service given complaints about capacity issues. [Requested by Vice President Ortiz- 6/24/15] Report on the implications of a study by the California Transportation Commission on anticipated transportation needs in California and the implications to AC Transit. [Requested by President Peeples
- 11/16/11) January Report on the experience of LA METRO and other agencies with the "First Mile-Last Mile" planning concept. [Requested by Director Davis- 6/10/15] Quarterly Reports {Nov. Feb, May. Aug) • Bus Rapid Transit Project • Transbay Transit Center Project • Update on District Involvement in External Planning Processes Annual Reports • Update on CARS {June) • Update on Service and Operations in Special District 2 Pending Not Scheduled • Update of the Designing with Transit document, which is to include the development of bus shelter design standards. [Requested by President Peeples- 10/27/10] • Update on the status of the customer satisfaction survey. Matter was retained in committee on July 9, 2008 pending receipt of proposed survey. On 9/30/09 President Director Peeples requested the report include staff's analysis of surveys conducted in Europe, specifically surveys conducted in Helsinki Finland, to determine how surveys can be done cheaper, better and more often. [Requested by President Peeples- 5/28/08] • Report on the cost to provide each Priority Development Area (PDA) within the District with the minimum transit required under Plan Bay Area. [Requested by President Peeples- 4/8/15] • Report on the duplicative service being provided by private shuttles at BART stations and the possibility of AC Transit providing this service. [Requested by Director Williams- 8/19/15]
BOARD OF DIRECTORS Pending Not Scheduled • Resolution supporting continuation and expansion of the District's Fuel Cell Program, subject to funding availability. The resolution will be drafted by President Peeples [Requested by President
Peeples- 6/11/141 Agenda Planning September 16, 2015
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AGENDA PLANNING/ STANDING COMMITIEE PENDING LISTS •
AC TRANSIT BOARD OF DIRECTORS
Resolution in support of the preservation of a possible exit ramp for the contra flow lane, and research what near-term actions might be taken in furtherance of that resolution. [Requested by
Director Harper- 4/22/15] •
Follow-up presentation by MUNI staff on the data collected and conclusions drawn from MUNI's proof-of-payment study. [Requested by President Peeples -1/14/15)
Agenda Planning
Page 4 of 4
September 16, 2015 272
