09 25 13 Board Minutes

BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT MINUTES Regular Meetings of the Board of Directors and the Exte...

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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 Special Meeting of the Operations Committee AC Transit General Offices znd Floor Board Room 1600 Franklin Street Oakland, CA 94612 Wednesday, September 2S, 2013 at 5:00 p.m. Closed Session: 3:00p.m. (Items 7A-D) 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 (WARDS) JOEL YOUNG (AT-LARGE) H. E. CHRISTIAN PEEPLES {AT-LARGE) BOARD OFFICERS DAVID J. ARMIJO, GENERAL MANAGER DAVID A. WOLF, GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY

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BOARD OF DIRECTORS MEETING- Greg Harper, President Wednesday, September 25, 2013 at 5:00p.m.

ACTION SUMMARY

Costa Transit District Board of Directors held a i regular meeting on Wednesday, September 25, 2013. '

i The Alameda-Contra

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meeting was called to order at 3:01 p.m. for the purpose of I Closed Session. All Board members were present. The District ! Secretary announced that the Board would convene in Closed Session I to discuss Items 7A-D as listed on the agenda. Closed Session i concluded at 4:45 p.m.

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!i At 5:01 p.m., President Harper called the Board of Directors meeting ! to order.

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I ROLL CALL J

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Present: Ortiz, Williams, Davis, Peeples, Young, Wallace, Harper Absent: None PUBLIC COMMENT Joyce Roy said that when she boarded the Line SlA bus at 42"d and Broadway earlier in the day she asked the operator not to leave the stop until she was seated to which the operator said that he wished more passengers would say that to operators as a reminder. She also asked when the workshops for Lines 51 A/B would be held, noting that the information did not appear to be on the District's website and wondered how this information was being conveyed to riders. • Jane Kramer commented on transparency and accountability with regard to Board micromanagement and open meeting requirements, noting that at the Board meeting on September 11'h, there were two self-reported instances of individual board members meeting with staff in an effort to solve operational/policy issues. She suggested that the general manager hold a Board workshop to discuss open meeting laws with the Board.

! CONSENT CALENDAR MOTION: PEEPLES/WALLACE to approve or receive the items on the Consent Calendar as indicated. The motion carried by the following vote:

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APPROVED OR RECEIVED AS INDICATED

i AYES:7: Peeples, Wallace, Ortiz, Williams, Davis, Young, Harper 3A. Consider approving revised Board of Directors and Standing Committee minutes of August 28, 2013 (Item D-1).

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38. Consider approving Board of Directors and Standing Committee minutes of September 11, 2013. 3C. Consider authorizing Director Davis to attend the Transportation Research Board's 93'd Annual Meeting on January 12-16, 2014, in Washington, D. C. (Report 13-180B}. 3D. Consider receiving Retirement Board Minutes of July 25, 2013 (Report 13-200}. 3E. Consider rece1v1ng Retirement Board minutes of August 12, 2013 (Report 13-241}.

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3F. Consider receiving Accessibility Advisory Committee minutes of July 9, 2013 (Report 13-242}. 4.

REGULAR CALENDAR

4A. · Consider approving the staff recommendation to reduce the scope of the Richmond Parkway Transit Center Project (Report 11-078a}.

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APPROVED

Senior Transportation Planner Nathan landau presented the staff report. !

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i MOTION:

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ORTIZ/WALLACE to approve the staff recommendation to [ reduce the scope of the Richmond Parkway Transit Center Project. The i motion carried by the following vote:

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i AYES:7: Ortiz, Wallace, Williams, Davis, Peeples, Young, Harper 4B. Consider amending the parameters for the public hearing set for , October 23, 2013, for revision of the fare structure to introduce a day ! pass and eliminate transfers, to create Clipper discounts on local cash fares, to reduce the price of the 31-day adult local pass, and to increase the price of the youth/senior/disabled pass, effective July 1, [ 2014 (Report 13-240a}.

APPROVED

I

I Director

of Project Controls and Systems Analysis John Haenftling [ presented the staff report.

I Director Peeples stated that

he would vote against the item on the basic premise that the price of the monthly pass should not be lowered when it doesn't need to be.

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Public Comment: Joyce Roy suggested that the youth 31-day pass be kept at $20 and the senior/disabled pass be increased to $25. Her rationale was that the older generation would be helping out the younger generation and revenue would be about the same. MOTION: YOUNG/ORTIZ to amend the parameters for the public hearing set for October 23, 2013, for revision of the fare structure to introduce a day pass and eliminate transfers, to create Clipper discounts on local cash fares, to reduce the price of the 31-day adult local pass, and to increase the price of the youth/senior/disabled pass, effective July 1, 2014. The motion carried by the following vote: AYES:G: Young, Ortiz, Williams, Davis, Wallace, Harper NOES:1: Peeples

4C. Consider approving the agenda for Board Retreat scheduled for October 30, 2013 (Report 13-230).

APPROVED

District Secretary Linda Nemeroff presented an overview of the agenda. MOTION: PEEPLES/WALLACE to approve the agenda for Board Retreat scheduled for October 30, 2013. The motion carried by the following vote: 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 S:20 p.m. ALL COMMITTEES ARE ADVISORY ONLY. A.

! EXTERNAL AFFAIRS COMMITTEE- Elsa Ortiz, Chairperson

\ The External Affairs Committee convened at 5:20 p.m. All Committee / members were present.

ACTION SUMMARY

i Public Comment (for items not on the agenda) I There was no public comment offered. f

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Briefing/Action Items:

A-1. [ Consider recommending receipt of the Monthly Legislative Report

i and approval of legislative positions (Report 13-231).

RECOMMEND RECEIPT

I Director of Legislative Affairs and Community Relations Beverly Greene \ presented the staff report. i

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MOTION: HARPER to approve a change in position on AB 1222 (Bloom) from SUPPORT to WATCH. The motion failed for lack of a second. MOTION: WALLACE/WILLIAMS to forward to forward to the Consent Calendar Addenda recommending receipt of the report and approval of legislative positions as presented; President Harper, No (6-1). A-2.

Consider recommending receipt of report on the implementation of the recommendations outlined in the Marketing and Communications Audit, including current status, FY 2013-14 planning, and resource needs [Requested by President Harper- 4/24/13] (Report 13-243).

RECOMMEND RECEIPT

Marketing and Community Relations Manager Victoria Wake presented the staff report. Director Davis inquired about staffing levels in the Marketing Department, to which Ms. Wake reported that staffing was down by 6.5 employees since 2010. She further advised that some of the Transit 1 Performance Initiative funds would be used for either contracted or regular staff. Director Peeples inquired about balancing resources for various community events and asked whether or not there could be an increase in Clipper sales outlets. Ms. Wake reported that community i events really required the presence by AC Transit staff, whjle contracted staff could be used to form street teams geared towards a product or service. As for Clipper outlets, Ms. Wake advised that staff would continue efforts to improve the current vendor network. , MOTION: YOUNG/PEEPLES to forward to the Consent Calendar

i Addenda recommending receipt (7).

I The External Affairs Committee adjourned at 5:34p.m. B.

I FINANCE AND AUDIT COMMITTEE- Jeff Davis, Chairperson The Finance and Audit Committee convened at 5:34 p.m. All Committee members were present.

ACTION SUMMARY

, Public Comment (for items not on the agenda)

! There was no public comment offered.

Ii Consent Items: ! MOTION: YOUNG/PEEPLES to forward Items B-1 through B-5 to the

I Consent

Calendar Addenda recommending adoption, approval or ! receipt as indicated (7).

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RECOMMEND ADOPTION, APPROVAL OR RECEIPT AS INDICATED

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B-1.

Consider recommending receipt of the Monthly Budget Update for July 2013 (Report 13-232).

B-2.

Consider recommending receipt of the Investments for July 2013 (Report 13-233).

B-3.

Consider recommending that the General Manager be authorized to sign a Cooperative Agreement for Urban Transportation Planning Procedures with the Metropolitan Transportation Commission (Report 13-254).

B-4.

Consider recommending that the General Manager or his designee be authorized to apply to the Safe Routes To Transit grant program (Report 13-262).

B-5.

Consider recommending adoption of Resolution No. 13-041 authorizing the General Manager, or his designee, to file and execute a funding agreement with the California Department of Transportation for Planning Grant funds for two planning internships (Report 13-121a),

B-6.

Consider recommending receipt of report regarding contract compliance approval [Requested by Director Ortiz- 6/12/13) (Report 13-216).

Monthly

Report

on

ITEM PULLED OFFTHE AGENDA

Item B-6 was pulled off the agenda. Briefing/Action Items: B-7.

Consider recommending that the General Manager be authorized to submit funding proposals to the Metropolitan Transportation Commission for unallocated Regional Measure 2 capital funds (Report 13-239).

RECOMMEND APPROVAL

Senior Planning and Grants Analyst Chris Andrichak presented the staff report. MOTION: ORTIZ/WALLACE to forward to the Consent Calendar Addenda recommending approval (7). B-8.

Consider recommending approval of amendments to Board Policy 326 -Disadvantaged Business Enterprise (DBE) Policy (Report 13-193).

RECOMMEND APPROVAL

Contracts Compliance Administrator Phillip McCants presented the i staff report.

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MOTION: ORTIZ/WILLIAMS to forward to the Consent Calendar Addenda recommending approval (7). Consider recommending approval of amendments to Board Policy 351 and updating the title to Small and Small Local Business Enterprise Policy (Report 13-217).

B-9.

RECOMMEND APPROVAL

Contracts Compliance Administrator Phillip McCants presented the staff report. MOTION: WALLACE/PEEPLES to forward to the Consent Calendar Addenda recommending approval (7).

B-10., Consider recommending receipt of report regarding the Federal

! Transit Administration (FTA) Financial Management Oversight (FMO)

RECOMMEND RECEIPT

I Review (Report 13-244). I Interim j

Manager of Internal Audit Alan Parella presented the staff

report.

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Discussion ensued regarding the findings and recommendations outlined in the FMO review, staff's response, and feedback from the FTA auditor that responses were inadequate and that funding should be returned to the FTA.

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I Mr. Parella advised that there were misunderstandings with the

I auditors

that staff disputed including issues related to the District's ! time and labor reporting methods. Chief Financial Officer Lewis Clinton J reported the District had shared its time keeping methods with FTA i Region IX staff who were comfortable with the District's process, I noting that no funds would need to be refunded and the District's jlndependent Cost Rate had been accepted and confirmed by the FTA. I He also said that a great deal of time was spent with the auditors to i educate them on AC Transit's labor codes, systems and reporting ! methods.

I Members of the Committee felt it was problematic that the staff report J

addressed a lot of concerns without a response from the District. Staff

I was directed to report back to the Committee every 60 days until all I outstanding issues and any incorrect or misleading statements are I resolved, including I correspondence.

updated

documentation

and

recent

ll General Manager David Armijo advised that the District will have three i major audits in the next 12 months (FMO, a procurement audit and

I triennial

audit), noting these audits will assist in identifying systems

! that will require replacement and ensure that processes are up to date. Alameda~Contra Costa Transit District

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MOTION: YOUNG/PEEPLES to forward to the Consent Calendar Addenda recommending receipt (7). B-11. Consider recommending that the General Manager be authorized to sign contract renewal with Sedgwick Claims Management as the District's Third Party Administrator for Workers' Compensation claims (Report 10-227a).

RECOMMEND APPROVAL

Human Resources Manager Janet Jackson presented the staff report. Director Ortiz raised concern with the use of the term "familiarity" when evaluating the performance of firms and the extension of contracts through the use of options. She also inquired about the "ghost division", the average length of time an employee is off of work, what the District does to ensure employees return to work, and how claims are settled and who has the authority to settle claims. Ms. Jackson advised that the Ghost Division consisted of operators who were off work in excess of 180 days and were off not only on workers' compensation, but also on a medical leave of absence. She added that District employees generally have multiple claims and each claim has to be resolved individually and she meets with Sedgwick monthly and does regular follow-up with employees. With regard to settlements, Ms. Jackson said that she had the authority to settle claims. She added that most employee claims are stipulated; however, some were settled by a lump sum payment (compromise and release), noting that anything over $30,000 was brought to the Board for approval. MOTION: YOUNG/PEEPLES to forward to the Consent Calendar Addenda recommending approval (7).

I The Finance and Audit Committee adjourned at 6:19 p.m. !

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i SPECIAL OPERATIONS COMMITTEE- Joe Wallace, Chairperson \ The Operations Committee convened at 6:19 p.m. All Committee ! members were present.

ACTION SUMMARY

! Public Comment (for items not on the agenda)

I There was no public comment offered. i

' Briefing/Action Items: C-1.

Consider recommending award of contract to Integrated Communications Systems of San Jose, California for the General Office-Life Safety/Fire Alarm Panel Replacement Project (Report 13! 197).

RECOMMEND APPROVAL

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Senior Project Manager Craig Michels presented the staff report. MOTION: YOUNG/ORTIZ to forward to the Consent Calendar Addenda recommending approval (7). The Operations Committee adjourned at 6:26 p.m.

I RECONVENE BOARD OF DIRECTORS MEETING- Greg Harper, President

ACTION SUMMARY

I The Board of Directors meeting reconvened at 6:26 p.m. 5.

I REPORTS OF STANDING COMMITTEES iI District Secretary Linda Nemeroff reported that with the exception of i' I

Item B-6, which was pulled off the agenda, all of the items from the External Affairs, Finance and Audit and Special Operations Committee i meetings had been referred to the Consent Calendar Addenda i recommending receipt, approval or adoption as presented. J

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REPORT GIVEN

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RECEIVED, I MOTION: PEEPLES/WALLACE to receive, approve or adopt the items APPROVED OR I referred to the Consent Calendar Addenda as indicated on the agenda. , ADOPTED AS 1 INDICATED i The motion carried by the following vote: j CONSENT CALENDAR ADDENDA

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l AYES:7: Peeples, Wallace, Ortiz, Williams, Davis, Young, Harper

i ! The items brought before the Board were as follows: !

I EXTERNAL AFFAIRS COMMITTEE:

A. A-1.

i Consider

B. B-1.

I FINANCE AND AUDIT COMMITTEE I Consider receiving the Monthly Budget

receiving the Monthly legislative Report and approval of legislative positions (Report 13-231). A-2. Consider receiving report on the implementation of the recommendations outlined in the Marketing and Communications Audit, including current status, FY 2013-14 planning, and resource i needs [Requested by President Harper- 4/24/13] (Report 13-243). !

B-2. B-3.

B-4. B-5.

Update for July 2013 (Report 113-232). Consider receiving the Monthly Report on Investments for July 2013 (Report 13-233). Consider authorizing the General Manager to sign a Cooperative Agreement for Urban Transportation Planning Procedures with the Metropolitan Transportation Commission (Report 13-254). l Consider authorizing the General Manager, or his designee, to apply to I f the Safe Routes To Transit grant program (Report 13-262). Consider adoption of Resolution No. 13-041 authorizing the General Manager, or his designee, to file and execute a funding agreement with the California Department of Transportation for Planning Grant funds for two planning internships (Report 13-121a).

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B-7.

Consider authorizing the General Manager to submit funding proposals to the Metropolitan Transportation Commission for unallocated Regional Measure 2 capital funds (Report 13-239). B-8. Consider approving amendments to Board Policy 326 - Disadvantaged Business Enterprise (DBE) Policy (Report 13-193). B-9. Consider approving amendments to Board Policy 351 and updating the title to Small and Small Local Business Enterprise Policy (Report 13217). B-10. Consider receiving report regarding the Federal Transit Administration Financial Management Oversight Review (Report 13-244). B-11. Consider authorizing the General Manager to sign contract renewal with Sedgwick Claims Management as the District's Third Party Administrator for Workers' Compensation claims (Report 10-227a). C. SPECIAL OPERATIONS COMMITTEE C-1. Consider award of contract to Integrated Communications Systems of San Jose, California for the General Office-Life Safety/Fire Alarm Panel Replacement Project (Report 13-197).

7.

CLOSED SESSION/REPORT OUT General Counsel David Wolf reported out on the following:

REPORT GIVEN

With regard to Lee v. AC Transit, ACSC Case No. RG12647237, Claim No. 12-0853, Mr. Wolf reported that on August 28, 2013, on a motion by Director Peeples, seconded by Director Young and carried unanimously 7-0, the Board authorized the release of the remaining self-insured retention in the amount of approximately $800,000, thus settling the case on September 6, 2013, with the defendant and the insurers paying the total sum of $20,452,502.15, which included a Medicare set aside. MOTION: PEEPLES/ORTIZ to approve a conflicts waiver requested by the Meyers Nave law firm regarding El Cerrito Redevelopment Agency Successor Agency, et. a/. v Motosantos, Ana, et. a/. The motion carried by the following vote: AYES:7: Peeples, Ortiz, Williams, Davis, Young, Wallace, Harper MOTION: PEEPLES/ORTIZ to approve a conflicts waiver requested by the Meyers Nave law firm regarding Writ of Mandamus and Complaint

for Injunctive Relief against the State of California Department of Finance on behalf of the City of San Leandro and the Successor Agency. The motion carried by the following vote: AYES:7: Peeples, Ortiz, Williams, Davis, Young, Wallace, Harper

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7A.

Conference with Legal Counsel- Existing Litigation (Government Code Section 54956.9 (a)) Lee v. AC Transit, ACSC Case No. RG12647237, Claim No. 12-0853 Owens v. AC Transit, Claim No. 936537-1/Case No. ADJ 3976800; Case No. 811226-1/Case No. ADJ 1124064; and Claim No. 1028919-1/Case No. ADJ 100748

78.

Conference with Legal Counsel- Potential Litigation (Government Code Section 54956.9(b)) (Four Cases)

7C.

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

7D.

Public Employee Performance Evaluation (Government Code Section 54957) Title: General Manager, General Counsel, District Secretary

8.

9.

AGENDA PLANNING There were no new items added to Agenda Planning. GENERAL MANAGER'S REPORT General Manager David Armijo reported on the following: Remaining articulated buses ordered from New Flyer in 2012 will go into service in late November; Construction set to begin on 16 new commuter buses for Transbay service; Replacement of 106 more buses by August of 2014; The potential use of older MCI buses to expand service with options to be brought to the Board in the next GO days; 15% increase in Dumbarton (DBX service) ridership; • Transbay video featuring riders and operators; Promotion of Chris Beach to Director of Transportation; Internal Audit Department Manager Tom Wong leaving the District i after 20 years to work for the Peralta College District in Internal Audit; and i1 • Upcoming Line 51 community meetings in Oakland.

INFORMATION ONLY

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i BOARD/STAFF COMMENTS Members of the Board commented on meetings and events attended since the last meeting.

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ADJOURNMENT There being no further business to come before the Board of Directors, the meeting was adjourned at 6:54 p.m. The next meeting of the Board of Directors is scheduled for Wednesday, October 9, 2013.

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Respectfully submitted,

~~ linda A. NemerOff District Secretary

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