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AC TRANSIT DISTRICT Board of Directors Executive Summary GM Memo No. 09-019 Meeting Date: January 21, 2009 Committees:...

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AC TRANSIT DISTRICT Board of Directors Executive Summary

GM Memo No. 09-019 Meeting Date: January 21, 2009

Committees: Planning Committee External Affairs Committee Rider Complaint Committee Board of Directors

Finance and Audit Committee Operations Committee Paratransit Committee Financing Corporation

SUBJECT: Consider the Adoption of Resolution No. 09-005 Authorizing the Filing and Execution of an Application and Funding Agreement with the Alameda County Congestion Management Agency (ACCMA) for Fiscal Year 2009-10 Transportation Fund For Clean Air (TFCA) Program Funds. RECOMMENDED ACTION: Information Only

Briefing Item

Recommended Motion

Recommend the Adoption of Resolution 09-005 Justification for Same Day Board Action: Request for same day Board action is contained in the content of the GM Memo. Fiscal Impact: To be determined Background/Discussion: The TFCA is a grant program funded by a $4 surcharge on motor vehicles registered in the Bay Area. The purpose of this program is to provide grants to implement the most cost-effective projects in the Bay Area that will decrease motor vehicle emissions, and thereby improve air quality. The ACCMA is responsible for programming 40% of this $4 surcharge collected in Alameda County. On December 22, 2008, the ACCMA announced the FY 2008-09 TFCA Program Grant Call for Projects. The funds are made available to eligible projects, under numerous categories, included in County Program Manager expenditure plans that achieve a predetermined TFCA cost effectiveness of less than or equal to $90,000 per ton in emissions saved, and are consistent with the 1988 California Clean Air Act and the Bay Area Ozone Strategy.

BOARD ACTION:

Approved as Recommended [ ] Approved with Modification(s) [ ]

Other

[ ]

The above order was passed on: . Linda A. Nemeroff, District Secretary By

GM Memo No. 09-019 Meeting Date: January 21, 2009 Page 2 of 3 Approximately $1,850,000 is available in funding for the FY 2009-10 program in Alameda County; of this amount, roughly $500,000 is available for transit projects. The minimum funding level for project requests in the program is $10,000. Applications are due to the ACCMA no later than Friday, January 30, 2009. Project Description: Project Name Amount

AC Transit – “Easy Pass”

$350,000

Project Type Transit Information Marketing Project to promote the Easy Pass Program which provides employees, students, or residents with an AC Transit bus pass valid at any time on all AC Transit lines. This program enables a “client” (e.g. employer. college/university, residential community, etc.) to purchase passes for every person within their specific participant “pool”. By purchasing passes for an entire “pool”, the passes are offered to clients at a significantly discounted rate compared to standard AC Transit fares. The grant funding would be directed to fund marketing and administrative costs, and the cost difference between regular fares and discounted passes. Up to 11 “clients” will be targeted for participation. The TFCA request would cover: staffing and administrative costs; advertising; marketing and promotional materials; and a one-time expense of “Easy Pass” costs for as many as 11 clients. Each “client” would have to provide a minimum of 100 bus riders for participation eligibility.

This project is consistent with the AC Transit Short Range Transit Plan Justification for Same Day Action by the Finance/Audit Committee and the Board of Directors: This item is being submitted for consideration to both the Finance Committee and Board on the same day in order to meet the January 30, 2009 application deadline. The ACCMA issued its Call for Projects on December 22, 2008. Pursuant to Board Policy 100, Section 5.5.4, (1) the Board President has been advised of the need for expediting this matter and concurs with its consideration by the Committee and the Board of Directors on the same day; (2) the justification for the request is identified in the preceding paragraph; (3) the Board of Directors will have to vote on the consideration of the item prior to acting on it; and (4) the District Secretary has made the required notices on the agendas. Prior Relevant Board Actions/Policies: N/A

GM Memo No. 09-019 Meeting Date: January 21, 2009 Page 3 of 3

Attachments: Resolution No. 09-005 Approved by:

Reviewed by: Prepared by: Date Prepared:

Rick Fernandez, General Manager Jim Gleich, Deputy General Manager Kate Miller, Manager, Capital Development, Legislation and Grants Kenneth C. Scheidig, General Counsel Lionel Vera, Senior Grants Administrator January 9, 2009

GM Memo 09-019 Attachment

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT RESOLUTION NO. 09-005

A RESOLUTION TO AUTHORIZE THE APPLICATION TO THE ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY FOR FUNDS FROM THE TRANSPORTATION FUND FOR CLEAN AIR GRANT PROGRAM FOR FISCAL YEAR 2009-10

WHEREAS, the Bay Area Air Quality Management District (BAAQMD) made funds available from the $4 motor vehicle registration fee via the Transportation Fund For Clean Air (TFCA) Grant Program for public agencies to implement projects to reduce air pollution from motor vehicles in accordance with the requirements of State Law and the BAAQMD’s “Bay Area 2005 Ozone Strategy; and WHEREAS, the statutory authority for the TFCA, the eligible types of projects, and the requirements that govern administration of the program are set forth in the California Health and Safety Code, Sections 44241 and 44242; and WHEREAS, the Alameda County Congestion Management Agency (ACCMA) is authorized to identify projects eligible to receive funding from the TFCA Grant Program for fiscal year 2009-10; and WHEREAS, the BAAQMD has authorized the ACCMA to administer the TFCA Grant Program for Alameda County; and WHEREAS, the ACCMA has established a process whereby eligible transportation project sponsors may submit funding requests for TFCA Grant Program funding for cost-effective projects which will decrease motor vehicle emissions and improve air quality; and WHEREAS, the Alameda-Contra Costa Transit District (AC Transit) is an eligible applicant for TFCA funds; and WHEREAS, General Manager Memorandum 09-019, attached hereto, lists District projects eligible for submittal to the ACCMA for Transportation Fund For Clean Air Grant Program funding; and WHEREAS, there is no legal impediment to AC Transit making the funding request; and WHEREAS, there is no pending or threatened litigation which might in any way adversely affect the ability of AC Transit to deliver the proposed projects for which funds are being requested. RESOLUTION NO. 09-005 Page 1 of 2

GM Memo 09-019 Attachment

NOW THEREFORE, the Board of Directors of AC Transit does resolve as follows: Section 1. Agrees that AC Transit and its agents shall comply with the provisions of the ACCMA Transportation Fund For Clean Air Grant requirements for funding applications for fiscal year 2009-10. Section 2. This resolution shall become effective immediately upon its passage by four affirmative votes of the Board of Directors. Section 3. The General Manager, or his designee, is hereby delegated the authority to make non-substantive changes or minor amendments to the application as deemed appropriate. PASSED AND ADOPTED THIS 21st day of January, 2009

____________________________________ Ryan “Rocky” Fernandez, President Attest:

_____________________________________ Linda Nemeroff, District Secretary I, 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 21st day of January, by the following roll call vote: Ayes: Noes: Absent: Abstain:

_____________________________________ Linda Nemeroff, District Secretary Approved as to Form:

______________________________ Kenneth C. Scheidig, General Counsel

RESOLUTION NO. 09-005 Page 2 of 2