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

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BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT

AGENDA

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 2nd Floor Board Room 1600 Franklin Street Oakland, CA 94612

Wednesday, February 27, 2013, at 5:00 p.m. Closed Session: 4:00 p.m. (Items 7A-E)

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) Teleconference/Videoconference: H. E. Christian Peeples, Director At-Large 68 Rue Escudier, 5 GG, 92100 Boulogne Billancourt, FRANCE BOARD OFFICERS DAVID J. ARMIJO, GENERAL MANAGER KENNETH C. SCHEIDIG, INTERIM GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY STANDING COMMITTEES MEETING DAYS* nd Planning Committee 2 Wednesday nd Operations Committee 2 Wednesday th External Affairs Committee 4 Wednesday th Finance and Audit Committee 4 Wednesday * All Standing Committees are held in conjunction with the regular Board of Directors meeting, To access live and archived audio of Board of Directors and Standing Committee meetings as well as agendas, staff reports, and the schedule of future meetings please visit www.actransit.org and click on “Board Meetings”. Dial (510) 891-7200 to access agendas by telephone. For questions, contact the District Secretary’s Office at (510) 891-7201. Alameda-Contra Costa Transit District

February 27, 2013

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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 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/accommodation as well as sign language and foreign language interpreters must be made 72 hours in advance of the meeting or hearing to help ensure availability. Please direct requests for disability related modification or accommodation and/or interpreter services to Linda A. Nemeroff, District Secretary, 1600 Franklin Street, Oakland, California, 94612 or call (510) 891-7201. AC Transit’s General Offices are generally served by bus lines 1, 11, 12, 51A, 72, 72M. The nearest accessible bus th service is provided at the intersection of Broadway and 17 Street in Oakland. The nearest accessible BART station th is the 19 Street Station in Oakland. District Ordinance No. 13 prohibits bringing non-service animals to District facilities unless specifically authorized by federal or state law. To accommodate individuals with severe allergies and environmental illnesses, meeting participants should refrain from wearing scented products to the meeting.

Alameda-Contra Costa Transit District

February 27, 2013

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BOARD OF DIRECTORS MEETING – Greg Harper, President Wednesday, February 27, 2013, at 5:00 p.m. 1.

ROLL CALL

2.

PUBLIC COMMENT

3.

CONSENT CALENDAR

Staff Contact or Presenter

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.

3A. Consider approving Board of Directors and Standing Committee minutes of February 13, 2013.

Linda A. Nemeroff 891-7284

3B. Consider receiving the Accessibility Advisory Committee minutes of January 8, 2013 (Report 13-049).

Jim Pachan 891-7215

3C. Consider receiving the Retirement Board minutes of January 14, 2013 (Report 13-050).

Hugo Wildmann 891-4889

4.

REGULAR CALENDAR

4A. Consider adoption of Resolution No. 13-006 approving amendment 13A-16 to the Alameda-Contra Costa Transit District Employees’ Retirement Plan to comply with the Public Employees’ Pension Reform Act of 2013 also known as Assembly Bill 340 (Report 12-314c).

Kenneth Scheidig 891-7178

4B. Consider adoption of Resolution No. 13-016 appointing one non-ATU member and two public members to the Alameda-Contra Costa Transit District Retirement Board (Report 12-276b).

Linda Nemeroff 891-7284

4C. Report from the Chair of the Bus Rapid Transit Policy Steering Committee. (verbal)

Director Ortiz

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.

Alameda-Contra Costa Transit District

February 27, 2013

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A.

EXTERNAL AFFAIRS COMMITTEE – Elsa Ortiz, Chairperson Held immediately following the Board Meeting recess.

Staff Contact or Presenter(s)

Public Comment (for items not on the agenda) Briefing/Action Items: A-1.

Consider recommending receipt of the monthly legislative report and approval of legislative positions (Report 13-051).

Dennis Butler 891-4798 Steve Wallauch Platinum Advisors

A-2.

Consider recommending receipt of report on the activities associated with the District-wide marketing campaign for upcoming operational improvement initiatives and new bus purchases (Report 13-068).

James Pachan 891-7215

B.

FINANCE AND AUDIT COMMITTEE – Jeff Davis, Chairperson Held immediately following the External Affairs Committee meeting.

Staff Contact or Presenter(s)

Public Comment (for items not on the agenda) Consent Items: B-1.

Consider recommending receipt of the FY 2012-13 Second Quarter Board/Officer Travel and Meeting Expense Report for Directors and Board Officers (Report 13-052).

Linda Nemeroff 891-7284

B-2.

Consider recommending receipt of the FY 2012-13 Second Quarter Employee and Non-Employee Out-of-State Travel Report (Report 13053).

Lewis Clinton 891-4752

B-3.

Consider recommending receipt of the monthly report on investments for the month of December, 2012 (Report 13-054).

Lewis Clinton 891-4752

B-4.

Consider recommending receipt of the FY 2012-13 Second Quarter Surplus and Obsolete Materials Report (Report 13-055).

Tom Prescott 891-7221

Briefing/Action Items: B-5.

Consider recommending receipt of the FY 2012-13 Mid-year Budget Review and General Fund Financial Performance and Budget Revisions, and recommend adoption of Resolution No. 13-009 amending the second year of the General Fund Biennial Operating and Capital Budget for FY 2012-13 at mid-year (Report 13-056).

Lewis Clinton 891-4752

B-6.

Consider recommending receipt of the initial proposal on the FY 13-14 Operating and Capital Budget Development Process based on the ongoing design and development of the new Strategic Planning Goals and Objectives Performance Management Model (Report 13-019).

Lewis Clinton 891-4752

Alameda-Contra Costa Transit District

February 27, 2013

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B-7.

Consider recommending adoption of Resolution No. 13-015 authorizing the General Manager, or his designee, to file applications for FY 2012-13 and FY 2013-14 Federal Transit Administration Section 5307 and Federal Highway Administration Surface Transportation Program and Congestion Management and Air Quality Improvement Program funds, committing the necessary local match funds for the projects, and stating the assurance of Alameda-Contra Costa Transit District to complete the projects (Report 13-069).

Tom Prescott 891-7221

B-8.

Consider recommending adoption of Resolution No. 13-013 repealing Resolution No. 12-025 extending a temporary reduction in compensation for members of the Board of Directors [Requested by Director Davis – 1/9/13] (Report 13-062).

Linda Nemeroff 891-7284

B-9.

Consider recommending approval of amendments to Board Policy 180A –Travel and Meeting Expense Reimbursements for Directors and Board Officers (Report 13-071).

Linda Nemeroff 891-7284

C.

SPECIAL OPERATIONS COMMITTEE – Joe Wallace, Chairperson Held immediately following the Finance and Audit Committee meeting.

Staff Contact or Presenter(s)

Public Comment (for items not on the agenda) Briefing/Action Items: C-1.

Consider recommending authorization for the Accessibility Advisory Committee (AAC) to submit a letter to the U.S. Department of Transportation National Highway and Transportation Safety Administration’s Notice of Proposed Rulemaking requesting comments in response to Docket No. NHTSA-2011-0148, minimum sound requirements for hybrid and electric vehicles (Report 13-070).

Jim Pachan 891-7215

C-2.

Consider recommending adoption of Resolution No. 13-017 approving new classification specifications for Project Controls Administrator, Software Engineer, and Telecommunications Administrator (Report 13072).

Kurt De Stigter 891-4791

RECONVENE BOARD OF DIRECTORS MEETING – Greg Harper, President

Staff Contact or Presenter(s)

REPORTS OF STANDING COMMITTEES

Linda A. Nemeroff 891-7284

5.

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-1. Consider receiving the monthly legislative report and approval of legislative positions (Report 13-051).

Alameda-Contra Costa Transit District

February 27, 2013

Dennis Butler 891-4798 Steve Wallauch Platinum Advisors Page 5 of 7

A-2.

Consider receiving report on the activities associated with the Districtwide marketing campaign for upcoming operational improvement initiatives and new bus purchases (Report 13-068).

B. FINANCE AND AUDIT COMMITTEE B-1. Consider receiving the FY 2012-13 Second Quarter Board/Officer Travel and Meeting Expense Report for Directors and Board Officers (Report 13-052). B-2. Consider receiving the FY 2012-13 Second Quarter Employee and NonEmployee Out-of-State Travel Report (Report 13-053). B-3. Consider receiving the monthly report on investments for the month of December, 2012 (Report 13-054). B-4. Consider receiving the FY 2012-13 Second Quarter Surplus and Obsolete Materials Report (Report 13-055). B-5. Consider receiving the FY 2012-13 Mid-year Budget Review and General Fund Financial Performance and Budget Revisions, and adoption of Resolution No. 13-009 amending the second year of the General Fund Biennial Operating and Capital Budget for FY 2012-13 at mid-year (Report 13-056). B-6. Consider receiving the initial proposal on the FY 13-14 Operating and Capital Budget Development Process based on the ongoing design and development of the new Strategic Planning Goals and Objectives Performance Management Model (Report 13-019). B-7. Consider adoption of Resolution No. 13-015 authorizing the General Manager, or his designee, to file applications for FY 2012-13 and FY 2013-14 Federal Transit Administration Section 5307 and Federal Highway Administration Surface Transportation Program and Congestion Management and Air Quality Improvement Program funds, committing the necessary local match funds for the projects, and stating the assurance of Alameda-Contra Costa Transit District to complete the projects (Report 13-069). B-8. Consider adoption of Resolution No. 13-013 repealing Resolution No. 12-025 extending a temporary reduction in compensation for members of the Board of Directors [Requested by Director Davis – 1/9/13] (Report 13-062). B-9. Consider approving amendments to Board Policy 180A –Travel and Meeting Expense Reimbursements for Directors and Board Officers (Report 13-071). C. SPECIAL OPERATIONS COMMITTEE C-1. Consider authorizing the Accessibility Advisory Committee (AAC) to submit a letter to the U.S. Department of Transportation National Highway and Transportation Safety Administration’s Notice of Proposed Rulemaking requesting comments in response to Docket No. NHTSA-2011-0148, minimum sound requirements for hybrid and electric vehicles (Report 13-070).

Alameda-Contra Costa Transit District

February 27, 2013

James Pachan 891-7215

Linda Nemeroff 891-7284 Lewis Clinton 891-4752 Lewis Clinton 891-4752 Tom Prescott 891-7221 Lewis Clinton 891-4752

Lewis Clinton 891-4752 Tom Prescott 891-7221

Linda Nemeroff 891-7284

Linda Nemeroff 891-7284

Jim Pachan 891-7215

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C-2.

Consider adoption of Resolution No. 13-017 approving new classification specifications for Project Controls Administrator, Software Engineer, and Telecommunications Administrator (Report 13072).

6.

CONSENT CALENDAR ADDENDA

7.

CLOSED SESSION/REPORT OUT

Kurt De Stigter 891-4791

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.

Ken Scheidig 891-7178

7A. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9 (a))

Patricia Bailey v. AC Transit, et al.; ACSC Case No. RG 1155887 Quarterly Litigation Report • Harbor v. AC Transit, ACSC Case No. RG10-513436; • Jones v. AC Transit, ACSC Case No. RG12-620431; • Silveira, et al. v. AC Transit, ACSC Case No. RG12-625090; • Edwin v. AC Transit, ACSC Case No. RG12-637734; • Gilmer, et al. v. AC Transit, U.S. Dist. Ct. (No.Cal.Dist.), No. C08-05186 CW; and • Forest Ambulatory Surgical Associates, L.P., et al. v. United Healthcare Insurance UnitedHealth Group, Inc., et al., U.S. Dist. Ct. (No.Cal.Dist.), No. C10-04911 EJD.

7B. Conference with Legal Counsel – Potential Litigation (Government Code Section 54956.9(b)) (Two Cases)

7C. Conference with Labor Negotiators

(Government Code Section 54957.6) Agency Designated Representative: David J. Armijo, General Manager Employee Organizations: Local 192, ATU Local 192, AFSCME, Local 3916; IBEW, Local 1245, Unrepresented Employees

7D. Public Employee Employment (Government Code 54957) Title: General Counsel

7E. Public Employee Performance Evaluation (Government Code Section 54957) Title: General Manager

8.

AGENDA PLANNING

9.

GENERAL MANAGER’S REPORT

10.

BOARD/STAFF COMMENTS

11.

ADJOURNMENT Next Meeting: March 13, 2013 at 10:00 a.m.

David J. Armijo 891-4753

(Government Code Section 54954.2)

Alameda-Contra Costa Transit District

February 27, 2013

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