BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
MINUTES Regular Meetings of the Board of Directors and the External Affairs and Finance and Audit Committees AC Transit General Offices 2nd Floor Board Room 1600 Franklin Street Oakland, CA 94612 Wednesday, September 24, 2014, at 5:00 p.m. Closed Session: 3:30 p.m. (Items 9A-9F} Committee meetings will commence when the Board of Directors recesses to a Committee of the Whole
MEMBERS OF THE BOARD OF DIRECTORS GREG HARPER, PRESIDENT (WARD 2) JOE WALLACE, VICE PRESIDENT (WARD 1) ELSA ORTIZ (WARD 3) MARK WILLIAMS (WARD 4) JEFF DAVIS (WARD 5) JOEL YOUNG (AT-LARGE) H. E. CHRISTIAN PEEPLES (AT-LARGE) BOARD OFFICERS DAVID J. ARMIJO, GENERAL MANAGER DENISE C. STANDRIDGE, INTERIM GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY
Alam eda-Contra Costa Transit District
September 24, 2014
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BOARD OF DIRECTORS MEETING- Greg Harper, President Wednesday, September 24, 2014, at 5:00p.m.
Staff Contact or Presenter
The Alameda-Contra Costa Transit District Board of Directors held a [ regular meeting on Wednesday, September 24, 2014. j
!
I The
meeting was called to order at 3:30 p.m. for the purpose of Closed Session. All Board members were present, with Director Young arriving I at 3:36 p.m. The District Secretary announced that the Board would [ convene in Closed Session to discuss Items 9A-F as listed on the agenda. I Closed Session concluded at 5:01 p.m.
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i At 5:09 i order. 1..
p.m., President Harper called the Board of Directors meeting to
I ROLL CALL i Present: Ortiz, Williams, Davis, Peeples, Young, Wallace, Harper
2.
I PRESENTATION
l Report on the Telegraph Avenue Complete Streets Implementation Plan f
INFORMATION ONLY
[Requested by Director Peeples- 5/14/14) (Report 14-230}.
I [A
revised PowerPoint presentation was provided at the meeting and is
I incorporated into the file by reference.]
ITransportation
Planner Stephen Newhouse introduced Iris Starr, City of
l Oakland Transportation Planning Manager who gave a presentation on the
l Telegraph Avenue I Recommendations.
Complete
Streets
Implementation
Plan
Draft
II Director
Ortiz asked how the City planned to deal with the relocation of i bus stops to the far side and the loss of parking. Ms. Starr advised that a / policy document would provide solid ground for making recommendations [ to move stops. She further advised that the loss of parking would be in a \low density segment and that discussions with merchants in the area were i underway. In addition, the City's one for one parking replacement policy had some flexibility and the City Council would be asked to adopt a workable policy for the corridor.
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With regard to concerns raised by AC Transit Planners, President Harper asked what Oakland's response was to concerns that the plan would i decrease transit operations in the area. Ms. Starr advised that, at a I minimum, the analysis revealed that the current level of speed on the ! corridor would be maintained.
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In addition, President Harper commented that the bus island loading design seemed like a good idea and asked if staff had any concerns with it. Mr. Newhouse responded that staff's only issue was that it locked them into a limited number of lanes which would preclude further enhancements along the corridor. Acting Chief Planning, Construction and Engineering Officer Dennis Butler commented that staff's primary objection was that parking was being preserved at the expense of a possible bus only lane.
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Director Peeples commented that the island design was not planned for all segments of the corridor, such as the Temescal segment which is more i congested.
Public Comment: • Dave Campbell, Bike East Bay, commented that the goal of Telegraph Avenue Complete Streets is to get people out of their cars by making Telegraph a great street for transit, bicycles and pedestrians and 1 through traffic is a lower priority. ' • Jane Kramer commented that community meetings were held in a way that divided Temescal into two groups, which she felt didn't produce comprehensive, well thought out community input. • Jerry Grace said there were still too many bicycles on the sidewalks and commented on the conflict between buses and bicycles when buses pull in to a stop. No action was taken. The item was presented for information only.
3.
GENERAL MANAGER'S REPORT General Manager David Armijo reported on the following:
INFORMATION ONLY
The Hydrogen Fueling Station Project at the East Oakland Division {D-4) is nearing completion and pending final inspection, could be handed off to Operations as early as October 19th; AC Transit's application for $18.2 million in TIGER grant funds for the bus storage facility at the Transbay Transit Center was unsuccessful; Meetings with the Metropolitan Transportation Commission to advance projects through the Core Capacity Study, which may provide a solution to the funding issues with the Bus Storage Facility; and Six TIGER grants were awarded in California for a total of $32 million, of which only one TIGER grant was awarded in the Bay Area Region in the amount of $1 million for the Core Capacity Transit Study.
I The report was presented for information only. I Alameda-Contra Costa Transit District
September 24, 2014
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4.
PUBLIC COMMENT Jane Kramer commented on transparency and accountability with regard to honesty with the public. She urged the Board to conduct indepth needs studies and develop a comprehensive Districtwide policy in order to better answer questions regarding the reinstatement of service. Dave Campbell, Bike East Bay, spoke in support of Measure BB. He asked supporters to vote in November and volunteer for campaign activities. Jerry Grace commented on the Transbay Center Developers Tax which has been in the news.
5.
CONSENT CALENDAR MOTION: PEEPLES/WILLIAMS to approve the Consent Calendar as presented. The motion carried by the following vote:
APPROVED
II AYES:7: Peeples, Williams, Ortiz, Davis, Young, Wallace, Harper SA. Consider approving Board of Directors and Standing Committee minutes of June 11, 2014. SB. 1 Consider approving Board of Directors and Standing Committee minutes of September 10, 2014.
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SC. Consider receiving Accessibility Advisory Committee minutes of June 10, 2014 (Report 14-181). REGULAR CALENDAR
6.
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GA. Consider approving AC Transit's 2014 Title VI Program, including the Language Assistance Plan and Public Participation Plan (Report 13-305e).
APPROVED
Title VI Coordinator Sally Goodman presented the staff report.
! MOTION:
ORTIZ/PEEPLES to approve AC Transit's 2014 Title VI Program, including the Language Assistance Plan and Public Participation Plan. The motion carried by the following vote:
AYES:7: Ortiz, Peeples, Williams, Davis, Young, Wallace, Harper GB. 1 Consider approving the selection of the British Aerospace Engineering ! (BAE) series hybrid drive system for installation on twenty-five of the I urban transit buses currently under contract with Gillig for production in ! early 2016 (Report 14-091a).
APPROVED
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Manager of Technical Services Stuart Hoffman presented the staff report. President Harper asked if data was available as to which system would be quieter. Mr. Hoffman advised that the technical evaluation included a noise level requirement in the specification, but was unsure about the actual noise level ofthe hybrid system. MOTION: YOUNG/ORTIZ to approve the selection of the British Aerospace Engineering (BAE) series hybrid drive system for installation on twenty-five of the urban transit buses currently under contract with Gillig for production in early 2016. The motion carried by the following vote: AYES:7: Young, Ortiz, Williams, Davis, Peeples, Wallace, Harper
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6c.l Consider approving the Board Room modernization design (Report 14i 243).
APPROVED WITH MODIFICATIONS
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! [Layouts of the Board Room were provided at the meeting for the review '' and are incorporated into the file by reference.] Project Manager Magnus Hienzsch presented the staff report. Staff addressed questions from the Board concerning the configuration of [ the staff seating areas, the duration of the construction, the relocation of i Board meetings, and how the room's electrical problems would be ! resolved. Discussion ensued as to whether monitors should be installed at I' the dais for Board members. Information Systems Manager of Special I Projects Darrell Takara recommended the placement of individual monitors at the dais to view presentations and the continued use of a I tablet device to view the agenda and staff reports.
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I MOTION: ORTIZ/WALLACE to approve the Board I design, including installation of monitors for the
I carried by the following vote:
Room modernization Board. The motion
I AYES:7: Ortiz, Wallace, Williams, Davis, Peeples, Young, Harper i
6D. ! Confirm the appointment of the Interim Chief Financial Officer and the 1 Internal Audit Manager as Employer Trustees to the ATU Local 192 Retiree Medical Trust Board of Trustees (Report 14-241).
APPOINTMENTS CONFIRMED
There was no presentation of the staff report. i
General Manager David Armijo advised that the appointment of the ! Interim Chief Financial Officer to the Trustee Board would be short term 1
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(approximately 90 days) with a permanent appointment to be made after the first ofthe year. MOTION: YOUNG/WALLACE to approve the appointment of the Interim Chief Financial Officer and the Internal Audit Manager as Employer Trustees to the ATU local 192 Retiree Medical Trust Board of Trustees. The motion carried by the following vote: AYES:7: Young, Wallace, Harper, Ortiz, Williams, Young, Davis
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6E. ' Consider approving the draft agenda for the October 29, 2014, Board of Directors/Board Officers Retreat (Report 14·228).
APPROVED
District Secretary linda Nemeroff presented the staff report. President Harper requested that the following issues be addressed with I respect to Item 3B on the draft agenda concerning Board Policy 350: 1} 1 technology in transit planning, and 2) the marginal cost of additional service (what is it, how it's calculated, and what is it used for). There were no objections raised to the request. MOTION: PEEPLES/WALLACE to approve the draft agenda for the October , 29, 2014, Board of Directors/Board Officers Retreat with the inclusion of 1} technology in transit planning, and 2} the marginal cost of additional ! service in Item 3B. The motion carried by the following vote:
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I AYES:7: Peeples, Wallace, Ortiz, Williams, Davis, Young, Harper RECESS TO STANDING COMMITTEES (as the Committee of the Whole) The Board meeting recessed to the Standing Committees at 6:25p.m. ALL COMMITTEES ARE ADVISORY ONLY.
A.
EXTERNAL AFFAIRS COMMITTEE- Elsa Ortiz, Chairperson The External Affairs Committee convened at 6:25 p.m. All Committee members were present.
ACTION SUMMARY
Public Comment (for items not on the agenda) There was no public comment offered. , Briefing/Action Items: A-1.
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Consider recommending receipt of the Monthly legislative Report and I approval of legislative positions (Report 14-231). 1
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RECOMMEND RECEIPT/ APPROVAL
i Director
of legislative Affairs and Community Relations Beverly Greene I presented the staff report.
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Costa Transit District
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l Director Peeples asked about the status of SB1204 (Lara 1
California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology), which would support a large scale zero emission bus demonstration project. Ms. Greene advised that she didn't have current information on the bill.
{Subsequent to the meeting, it was confirmed that the bill was approved by Governor Brown.]
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i MOTION: YOUNG/WALLACE to forward to the Consent Calendar Addenda recommending receipt of the report and approval of the legislative positions. The motion carried by the following vote:
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AYES:7: Young, Wallace, Harper, Williams, Davis, Peeples, Ortiz A-2.
RECOMMEND APPROVAL
Consider recommending approval to issue a Request for Proposals for , State Advocacy Services (Report 14-268). I
Director of Legislative Affairs and Community Relations Beverly Greene presented the staff report. President Harper requested that tort reform become a part of the District's legislative advocacy programs.
Ii MOTION: YOUNG/WALLACE to forward to the Consent Calendar Addenda recommending approval. The motion carried by the following vote: AYES:7: Young, Wallace, Harper, Williams, Davis, Peeples, Ortiz
i The External Affairs Committee adjourned at 6:29 p.m. B.
! FINANCE AND AUDIT COMMITTEE- Jeff Davis, Chairperson
!! The Finance and Audit Committee convened at 6:29 p.m. All Committee
I members were present.
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ACTION SUMMARY
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\ Public Comment (for items not on the agenda) I
I There was no public comment offered. I
Consent Items: MOTION: PEEPLES/WALLACE to forward to the Consent Calendar Addenda recommending receipt or approval as indicated. The motion carried by the following vote:
RECOMMEND RECEIPTOR APPROVAL AS INDICATED
I AYES:7: Peeples, Wallace, Harper, Ortiz, Williams, Young, Davis I B-1.
! Consider recommending receipt of the Monthly Report on Investments I
I for July 2014 (Report 14-234). Alameda·Contra Costa Transit District
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B-2.
! Consider recommending that the General
Manager, or his designee, be
' authorized to file and execute an application for the Alameda County Transportation Commission's FY 2014-15 Transportation Fund for Clean Air Program for the East Bay Bus Rapid Transit Project (Report 14-117a).
B-3.
Consider review of Board Policy 334 - Internal Audit Department Purpose, with no recommended amendments (Report 14-101). Briefing/Action Items:
B-4.
Consider recommending receipt of the Monthly Budget Update for June 2014 (Report 14-212).
RECOMMEND RECEIPT
Budget Manager Hernan Vargas presented the staff report. Chairman Davis asked when the Board would receive revenue numbers for FY 2013-14. Mr. Vargas replied that the report, which was the last one of the fiscal year, only applied to expenses and that the audit which includes revenue numbers would be presented at the end of October. Director Davis felt the Committee should be advised of the revenue numbers and how the whole budget at the end of the current fiscal year compared with the previous fiscal year. General Manager David Armijo agreed, noting that he has asked staff to include in the preliminary numbers for July and August revenues and expenses. He added that revenues for FY 2013-14 were up and expenses were down. MOTION: WALLACE/YOUNG to forward to the Consent Calendar Addenda recommending receipt. The motion carried by the following vote: AYES:7: Wallace, Young, Harper, Ortiz, Williams, Peeples, Davis B-5.
Consider recommending adoption of Resolution No. 14-050 authorizing the General Manager, or his designee, to execute a funding agreement with the Metropolitan Transportation Commission to support the San Francisco Bay Area Core Capacity Transit Study (Report 14-250).
RECOMMEND APPROVAL
There was no presentation of the staff report. MOTION: YOUNG/PEEPLES to forward to the Consent Calendar Addenda recommending approval. The motion carried by the following vote: AYES:7: Young, Peeples, Harper, Wallace, Ortiz, Williams, Davis
IThe Finance and Audit Committee adjourned at 6:40 p.m. Alameda·Contra Costa Transit District
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7.
RECONVENE BOARD OF DIRECTORS MEETING- Greg Harper, President The Board of Directors meeting reconvened at 6:40p.m. All Board members were present.
ACTION SUMMARY
i REPORTS OF STANDING COMMITTEES i District Secretary Linda Nemeroff reported that all of the items from the
REPORT GIVEN
I External
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Affairs and Finance and Audit Committee meetings had been referred to the Consent Calendar Addenda recommending receipt, approval or adoption as presented.
MOTION: ORTIZ/PEEPLES to receive, approve, or adopt the items referred to the Consent Calendar Addenda as indicated on the agenda. The motion carried by the following vote:
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AYES:7: Ortiz, Peeples, Williams, Davis, Young, Wallace, Harper
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ii The items brought before the Board were as follows:
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RECEIVED OR APPROVED AS INDICATED
,:!:
A. A-1.
EXTERNAL AFFAIRS COMMITTEE: Consider receipt of the Monthly Legislative Report and approval of legislative positions (Report 14-231). A-2. 1 Consider approving the issuance of a Request for Proposals for State Advocacy Services (Report 14-268).
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B. B-1.
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I FINANCE AND AUDIT COMMITTEE: i Consider receipt of the Monthly Report
on Investments for July 2014
i (Report 14-234).
B-2.
i Consider authorizing the General Manager, or his designee, to file and
I execute
an application for the Alameda County Transportation Commission's FY 2014-15 Transportation Fund for Clean Air program for the East Bay Bus Rapid Transit Project (Report 14-117a). B-3. Consider review of Board Policy 334 - Internal Audit Department Purpose, with no amendments (Report 14-101). B-4. 1 Consider receiving the Monthly Budget Update for June 2014 (Report 14! 212). B-5. ! Consider adoption of Resolution No. 14-050 authorizing the General I Manager, or his designee, to execute a funding agreement with the II Metropolitan Transportation Commission to support the San Francisco Bay i Area Core Capacity Transit Study (Report 14-250). 9.
II CLOSED SESSION/REPORT OUT
REPORT GIVEN
i Interim General Counsel Denise Standridge reported out on the following: I i MOTION: PEEPLES/WILLIAMS to approve settlement in the amount of i $78,815 in the matter of Ladonna Flanagan v. AC Transit, WCAB Case No. ! ADJ7669372. The motion carried by the following vote: Alameda-Contra Costa Transit District
September 24, 2014 17
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AYES:7: Peeples, Williams, Ortiz, Davis, Young, Wallace, Harper 9A.
Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9 (a)) Ladonna Flanagan v. AC Transit, WCAB Case No. ADJ7669372
9B.
Conference with Legal Counsel- Potential Litigation (Government Code Section 54956.9(b)) (Two Cases)
9C.
I Conference with Labor Negotiators (Government Code Section 54957.6): Agency Designated Representative: David J. Armijo, General Manager Employee Organizations: ATU Local 192, AFSCME Local 3916, IBEW Local 1245, Unrepresented Employees
9D.
Public Employee Performance Evaluation 1
(Government Code Section 54957) General Manager, Interim General Counsel, District Secretary
i Title:
i 9E.
Conference with Labor Negotiators- Board Officers (Government Code Section 54957.6): Agency Designated Representative: Greg Harper, Board President Title: General Manager, General Counsel, District Secretary
9F.
Public Employee Appointment l (Government Code Section 54957):
i Title: General Counsel 10.
AGENDA PLANNING Referred to Operations Director Williams requested a report on management training provided to AC Transit managers, including what is currently offered and what can be l made available. (Director Young concurred)
I Director
Peeples requested that the report on the Heavy Duty Coach Mechanic Apprenticeship program which was pulled from a previous agenda be brought back. (Vice President Wallace concurred)
11.
BOARD/STAFF COMMENTS Members ofthe Board commented on meetings and events attended since the last meeting. I
President Harper requested that Board/Staff comments be moved to the I beginning oft he meeting after public comment for the next few meetings. 1
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ADJOURNMENT There being no further business to come before the Board of Directors, the meeting was adjourned at 6:56 p.m. The next meeting of the Board of Directors is scheduled for Wednesday, October 8, 2014.
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Respectfully submitted,
C:k'~~~ A. Linda Nemeroff District Secretary
Alameda-Contra Costa Transit District
September 24, 2014
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