12 12 12 Board Agenda Package

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

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BOARD OF DIRECTORS  ALAMEDA‐CONTRA COSTA TRANSIT DISTRICT 

AGENDA   

Regular Meetings of the Board of Directors and the Planning, Operations,  External Affairs and Finance and Audit Committees  AC Transit General Offices  2nd Floor Board Room  1600 Franklin Street  Oakland, CA 94612   

Wednesday, December 12, 2012 at 5:00 p.m.  Closed Session:  4:00 p.m. (12A‐E)  Committee meetings will commence when the   Board of Directors recesses to a Committee of the Whole 

  MEMBERS OF THE BOARD OF DIRECTORS  ELSA ORTIZ, PRESIDENT (WARD 3)  JOE WALLACE, VICE PRESIDENT (WARD 1)   GREG HARPER (WARD 2)  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*  Planning Committee  2nd Wednesday  Operations Committee  2nd Wednesday  External Affairs Committee  4th Wednesday  Finance and Audit Committee  4th 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   

December 12, 2012 1

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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  service is provided at the intersection of Broadway and 17th Street in Oakland.  The nearest accessible BART station  is the 19th 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   

December 12, 2012 2

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BOARD OF DIRECTORS MEETING – Elsa Ortiz, President  Wednesday, December 12, 2012 at 5:00 p.m.  

Staff Contact or  Presenter 

  1. 

      ROLL CALL      2.  ADMINISTRATION OF THE OATH OF OFFICE    2A.  Consider  receiving  the  Certificates  of  Election  Results  and  the  Official  Linda Nemeroff  891‐7284  Canvass  for  Directors  H.  E.  Christian  Peeples,  Joe  Wallace,  and  Greg  Harper (Report 12‐307).            2B.  Administration  of  the  Oath  of  Office  to  re‐elected  members  of  the  Board of Directors:   

  Joe Wallace, Ward 1    Greg Harper, Ward 2    H. E. Christian Peeples, At‐Large    3.  PRESENTATION    Update on Federal legislative activities.  4. 

  Steve Palmer,   Van Scoyoc  Associates 

   

PUBLIC COMMENT  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. 

5. 

  CONSENT CALENDAR 

 

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. 

5A.  Consider  approving  Board  of  Directors  and  Board  Officers  Retreat  minutes of October 31, 2012.    5B.  Consider approving Board of Directors minutes of November 12, 2012  (special meeting).    5C.  Consider  approving  Board  of  Directors/Accessibility  Advisory  Committee joint meeting minutes of November 14, 2012.    5D.  Consider approving Board of Directors minutes of November 14, 2012  (special meeting).    5E.  Consider  approving  Board  of  Directors  and  Standing  Committee  minutes of November 14, 2012.        Alameda‐Contra Costa Transit District   

December 12, 2012 3

Linda Nemeroff  891‐7284  Linda Nemeroff  891‐7284  Linda Nemeroff  891‐7284  Linda Nemeroff  891‐7284  Linda Nemeroff  891‐7284 

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5F.  Consider approving Board of Directors minutes of November 27, 2012  Linda Nemeroff  891‐7284  (special meeting).    Jim Pachan  5G.  Consider  receiving  Accessibility  Advisory  Committee  minutes  of  891‐7215  September 11, 2012 and October 9, 2012 (Report 12‐244).      5H.  Consider  receiving  Retirement  Board  minutes  of  October  9,  2012  Hugo Wildmann  891‐4889  (Report 12‐246).        6.  REGULAR CALENDAR    Jim Pachan  6A.  Consider  receiving  update  on  the  implementation  of  suggestions  891‐7215  provided  by  the  Accessibility  Advisory  Committee  regarding  the  prototype bus (Report 12‐311).      Jim Pachan  6B.  Consider authorizing the issuance of a Request for Proposals to procure  891‐7215  up  to  twenty‐seven  (27)  60‐foot  diesel  hybrid  rapid  transit  buses  (Report 12‐299).     Jim Pachan  6C.  Consider  authorizing  the  General  Manager  to  negotiate  and  execute  891‐7215  documents related to a piggyback arrangement for the procurement of  up  to  sixty‐eight  (68)  40‐foot  Gillig  transit  buses  for  delivery  in  2014  (Report 12‐318).    6D.  Consider  authorizing  the  recruitment  of  two  public  member  positions  Linda Nemeroff  891‐7284  and  one  non‐ATU  position  to  the  AC  Transit  Retirement  Board  and  determine whether to limit applications to a specific geographical area  (Report 12‐276).      6E.  Consider  cancellation  of  the  Board  Retreat  scheduled  for  January  30,  Linda Nemeroff  891‐7284  2013. (verbal)        The Board of Directors may reconvene in Closed Session prior to the  start of the Standing Committee meetings.      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   

December 12, 2012 4

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Staff Contact or  Presenter(s) 

A. 

PLANNING COMMITTEE – H. E. Christian Peeples, Chairperson  Held immediately following the Board Meeting recess. 

 

Public Comment (for items not on the agenda) 

 

 

Briefing/Action Items: 

 

A‐1.  Consider  recommending  receipt  of  report  regarding  the  preliminary  Draft Central and South County Service Restructuring Plan (Report 12‐ 306).     A‐2.  Consider  recommending  receipt  of  the  Existing  Conditions  Report  for  the  Inner  East  Bay  Comprehensive  Operations  Analysis  (Report  12‐ 291a).     A‐3.  Consider  recommending  receipt  of  the  quarterly  report  on  the  District’s involvement in external planning processes (Report 12‐249).     A‐4.  Consider  recommending  receipt  of  the  quarterly  report  on  the  Transbay Transit Center Project (Report 12‐248).      

Jim Pachan  891‐7215 

Jim Pachan  891‐7215 

Dennis Butler  891‐4798  Jim Pachan  891‐7215 

  Staff Contact or  Presenter(s) 

B. 

OPERATIONS COMMITTEE – Joel Young, Chairperson  Held immediately following the Planning Committee meeting. 

   

 

 

Public Comment (for items not on the agenda) 

 

 

Briefing/Action Items: 

 

B‐1.  Consider  recommending  approval  to  award  a  contract  to  McKim  Design Group of San Jose, California, for the design of the District‐wide  Elevator Modernization Project (Report 12‐310).     B‐2.  Consider  recommending  that  the  Purchasing  Department  be  authorized  to  issue  a  solicitation  for  real‐time  bus  arrival  information  system providers (Report 12‐309).      B‐3.  Consider  recommending  that  the  Purchasing  Department  be  authorized  to  issue  a  solicitation  for  PeopleSoft  hosting  providers  (Report 12‐295).    B‐4.  Consider  recommending  that  the  Purchasing  Department  be  authorized  to  issue  a  solicitation  for  PeopleSoft  support  services  (Report 12‐308).      B‐5.  Consider recommending receipt of a report on operator unavailability  [Requested by Director Harper – 9/5/12] (Report 12‐287).         Alameda‐Contra Costa Transit District   

December 12, 2012 5

Dennis Butler  891‐4798 

Dennis Butler  891‐4798 

Tom O’Neill  891‐7278 

Tom O’Neill  891‐7278 

Jim Pachan  891‐7215 

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Jim Pachan  891‐7215 

B‐6.  Consider  recommending  approval  to  release  a  Request  for  Proposals  for  the  East  Bay  Paratransit  Consortium  (EBPC)  Broker  and  Provider  Services  for  Americans  with  Disabilities  Act  (ADA)  mandated  services  (Report 12‐304).      B‐7.  Consider  recommending  receipt  of  a  report  on  SB  863  –  Workers’  Compensation Reform (Report 12‐265).    

Kurt De Stigter  891‐4791 

Staff Contact or  Presenter(s) 

C. 

EXTERNAL AFFAIRS COMMITTEE – Joe Wallace, Chairperson  Held immediately following the Operations Committee meeting. 

 

Public Comment (for items not on the agenda) 

 

Briefing/Action Items: 

 

 

Dennis Butler  891‐4798 

C‐1.  Consider  recommending  approval  of  the  District’s  Federal  and  State  Legislative Advocacy Programs for 2013 (Report 12‐253).     C‐2.  Consider  recommending  receipt  of  the  monthly  legislative  report  (Report 12‐300).     

Dennis Butler  891‐4798 

Staff Contact or  Presenter(s) 

D. 

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

 

 

 

Public Comment (for items not on the agenda) 

 

   

Consent Items:    D‐1.  Consider recommending receipt of the monthly report on investments  for the month of October, 2012 (Report 12‐283).     D‐2.  Consider recommending approval to dispose of buses and equipment  via  sale  or  by  means  most  advantageous  to  the  District  (Report  12‐ 284).       

Briefing/Action Items: 

Lewis Clinton  891‐4752  Jim Pachan  891‐7215 

 

D‐3.  Consider recommending receipt of report from the District Parcel Tax  Fiscal  Oversight  Committee  on  the  FY  2011‐12  Measure  VV  Tax  Proceeds for the Year Ended June 30, 2012 (Report 12‐285).     D‐4.  Consider  recommending  receipt  of  the  Disadvantaged  Business  Enterprise (DBE) Semi‐Annual Payment Report for the period of April 1,  2012 through September 30, 2012 (Report 12‐258).                Alameda‐Contra Costa Transit District   

 

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Lewis Clinton  891‐4752 

Phillip McCants  891‐8815   

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RECONVENE BOARD OF DIRECTORS MEETING ‐ Elsa Ortiz, President   

  7.   

  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. 

Staff Contact or   Presenter(s)    Linda Nemeroff  891‐7284   

    A.  PLANNING COMMITTEE:  Jim Pachan  A‐1.  Consider  receiving  report  regarding  the  preliminary  Draft  Central  and  891‐7215  South County Service Restructuring Plan (Report 12‐306).   Jim Pachan  A‐2.  Consider receiving the Existing Conditions Report for the Inner East Bay  891‐7215  Comprehensive Operations Analysis (Report 12‐291a).   Dennis Butler  A‐3.  Consider receiving the quarterly report on the District’s involvement in  891‐4798  external planning processes (Report 12‐249).   Jim Pachan  A‐4.  Consider receiving the quarterly report on the Transbay Transit Center  891‐7215  Project (Report 12‐248).       B.  OPERATIONS COMMITTEE:  Dennis Butler  B‐1.  Consider  approving  contract  award  to  McKim  Design  Group  of  San  891‐4798  Jose,  California,  for  the  design  of  the  District‐wide  Elevator  Modernization Project (Report 12‐310).   Dennis Butler  B‐2.  Consider authorizing the Purchasing Department to issue a solicitation  891‐4798  for real‐time bus arrival information system providers (Report 12‐309).   Tom O’Neill  B‐3.  Consider authorizing the Purchasing Department to issue a solicitation  891‐7278  for PeopleSoft hosting providers (Report 12‐295).  Tom O’Neill  B‐4.  Consider authorizing the Purchasing Department to issue a solicitation  891‐7278  for PeopleSoft support services (Report 12‐308).    Jim Pachan  B‐5.  Consider  receiving  report  on  operator  unavailability  [Requested  by  891‐7215  Director Harper – 9/5/12] (Report 12‐287).   Jim Pachan  B‐6.  Consider approving the release of a Request for Proposals for the East  891‐7215  Bay  Paratransit  Consortium  (EBPC)  Broker  and  Provider  Services  for  Americans  with  Disabilities  Act  (ADA)  mandated  services  (Report  12‐ 304).    B‐7.  Consider  receiving  a  report  on  SB  863  –  Workers’  Compensation  Kurt De Stigter  891‐4791  Reform (Report 12‐265).       C.  EXTERNAL AFFAIRS COMMITTEE:  Dennis Butler  C‐1.  Consider  approving  the  District’s  Federal  and  State  Legislative  891‐4798  Advocacy Programs for 2013 (Report 12‐253).   Dennis Butler  C‐2.  Consider receiving the monthly legislative report (Report 12‐300).    891‐4798      D.  FINANCE AND AUDIT COMMITTEE:  Lewis Clinton  D‐1.  Consider receiving the monthly report on investments for the month of  891‐4752  October, 2012 (Report 12‐283).   Jim Pachan  D‐2.  Consider approving the disposal of buses and equipment via sale or by  891‐7215  means most advantageous to the District (Report 12‐284).      Alameda‐Contra Costa Transit District   

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Lewis Clinton  D‐3.  Consider receiving report from the District Parcel Tax Fiscal Oversight  891‐4752  Committee on the FY 2011‐12 Measure VV Tax Proceeds for the Year  Ended June 30, 2012 (Report 12‐285).   Phillip McCants  D‐4.  Consider receiving the Disadvantaged Business Enterprise (DBE) Semi‐ 891‐8815  Annual  Payment  Report  for  the  period  of  April  1,  2012  through  September 30, 2012 (Report 12‐258).        8.  CONSENT CALENDAR ADDENDA  The Board is requested to authorize as recommended from the committee meetings  above.   

9. 

10. 

11. 

12. 

Consider  receiving  report  regarding  the  actuarial  impact  upon  future  annual  costs  of  proposed  Amendment  12‐A‐17  to  the  AC  Transit  Employees’  Retirement  Plan;  direct  the  District  Secretary  to  provide  public  access  to  its  contents  for  a  period  of  at  least  two  weeks  from  December 13, 2012 through January 2, 2013 in order for the comments  to be considered at the January 9, 2013 Board of Directors meeting, at  the earliest (Report 12‐314).    Consider  authorizing  the  issuance  of  a  Request  for  Proposals  for  executive search services associated with the recruitment of a General  Counsel; approve the evaluation criteria for scoring the proposals; and  approve  the  necessary  budgetary  adjustments  to  the  Board  of  Directors’ FY 2012‐13 budget (Report 12‐315).    Announcement of appointments to the Nominating Committee for the  selection of President and Vice President for 2013. (verbal)    CLOSED SESSION/REPORT OUT  The items for consideration are listed below and will be reported on by the General  Counsel as necessary at the end of the meeting. 

  12A.  Conference with Legal Counsel – Existing Litigation 

Kenneth Scheidig  891‐7178  Tom Prescott  891‐7221   

Linda Nemeroff  891‐7284 

President Ortiz 

Kenneth Scheidig  891‐7178 

 

(Government Code Section 54956.9 (a))    

  

Lather v. AC Transit, Claim No. 10‐2740, ACSC Case No. RG12646916  Watermon v. AC Transit, Claim No. 11‐2145, ACSC Case No. RG12629859  City of El Cerrito, et al. v. Robert R. Campbell, et al., Case No. 34‐2012‐80001200,  Sacramento Superior Court 

 

Quarterly Litigation Report   Harbor v. AC Transit, ACSC No. RG10‐513436;    Jones v. AC Transit, ACSC No. RG12‐620431;    Silveira, et al. v. AC Transit, ACSC No. RG12‐625090;    Edwin v. AC Transit, ACSC No. RG12‐637734;    Gilmer, et al. v. AC Transit, U.S. Dist. Ct. (No.Cal.Dist.), No. C08‐05186 CW;    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;    Sims v. AC Transit, ACSC No. RG12‐638116;    Galarza v. AC Transit, ACSC No. RG12‐633141;    J. Lee v. AC Transit, ACSC No. RG12‐647237;    S. Williams v. AC Transit, ACSC No. RG12‐641047; and    Claims of Woldemariam (11‐3563), Granados (11‐3871), and Pitre (10‐1768).    Alameda‐Contra Costa Transit District   

December 12, 2012 8

Page 8 of 9 

 

12B.  Conference with Legal Counsel – Potential Litigation  (Government Code Section 54956.9(b)) (Four Cases) 

  12C.  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 

  12D.  Public Employee Appointment  

 

(Government Code Section 54957(b)(1)  Title:  General Counsel 

  12E.  Public Employee Performance Evaluation  

 

(Government Code Section 54957)  Title:  General Manager, Interim General Counsel, District Secretary 

13.  14.  15.  16. 

  AGENDA PLANNING     GENERAL MANAGER’S REPORT    BOARD/STAFF COMMENTS   (Government Code Section 54954.2) 

  David J. Armijo  891‐4753   

ADJOURNMENT  Next Meeting:  January 9, 2013, at 5:00 p.m. 

  Alameda‐Contra Costa Transit District   

December 12, 2012 9

 

Page 9 of 9 

Report No: Meeting Date:

12-307 December 12, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

AC Transit Board of Directors

FROM:

Linda A. Nemeroff, District Secretary

SUBJECT:

Certificates of Election Results

BRIEFING ITEM RECOMMENDED ACTION(S): Consider receiving the Certificates of Election Results and the Official Canvas for Directors H. E. Christian Peeples, Joe Wallace, and Greg Harper. EXECUTIVE SUMMARY: The purpose of this report is to confirm the re-election of Directors H. E. Christian Peeples, Joe Wallace, and Greg Harper to the AC Transit Board of Directors. BUDGETARY/FISCAL IMPACT: There is no budgetary impact associated with this report.

BACKGROUND/RATIONALE: Listed below are the certified results for each of the candidates entitled to receive votes for the office indicated: Alameda County

Contra Costa County

Total

Dollene Jones

137,258

19,042

156,300 {39.12%}

H. E. Christian Peeples

216,657

26,546

243,203 {60.87%)

Velda Bartlett

19,396

15,460

34,856 (45.02%)

Joe Wallace

16,677

25,884

42,561 (54.97%)

Director At-large

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10

Report No. 12-307 Page 2 of 2

Ward2 Greg Harper

ADVANTAGES/DISADVANTAGES: This report is being provided to inform the Board of the November 6, 2012 election results. ALTERNATIVE ACTIONS: This report does not recommend an action. confirm election results.

Its sole purpose is to supply information and

PRIOR RELEVANT BOARD ACTIONS/POLICIES: None ATTACHMENTS: 1: Certificates of Election Results and Official Canvas for all seats.

Reviewed by:

Kenneth C. Scheidig, Interim General Counsel

11

STATE OF CALIFORNIA COUNTY OF ALAMEDA

I, DAVE MACDONALD, Registrar of Voters for the County of Alameda, State of California, having canvassed the returns of all votes cast in the Alameda-Contra Costa Transit District at the General Election held on Tuesday, November 6, 2012, do hereby certify the following to be a ful~ true and correct Statement of the Results of all the votes cast, to which this certificate is attached, at said election for each candidate in the Alameda-Contra Costa Transit District for the office ofDirector, At Large.

I hereby set my hand and my official seal this 21' 1 day ofNovember 2012.

~~ Registrar of Voters Alameda County State ofCalifomia

12

This page intentionally blank 

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ALAMEDA COUNTY Statement of Vote GENERAL ELECTION NON-PARTISAN AC TRANSIT DISTRICT DIRECTOR, AT LARGE

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ALAMEDA COUNTY Statement of Vote GENERAL ELECTION NON-PARTISAN AC TRANSIT DISTRICT DIRECTOR, AT LARGE

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56 521 521 971 971 502 502

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619 619 1207 1207 85

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365200- Election Day Reporting

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425

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373100- Vote by Mail Reporting

246

31.26

373100- Election Day Reporting

787 787

293

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373400- Vote by Mail Reporting

1361

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91 144 192 85 108 130

373400 - Election Day Reporting

1361

568

41.73

235

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373500- Vote by Mail Reporting

739 739

176

23.82

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373500- Election Day Reporting

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373900- Vole by Mail Repcrting

1027

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114 132

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37.78

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34.98

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364700 ·Vote by Mail Reporting

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34.15

373900- Election Day Reporting

1027

380200 ·Vote by Mail Reporting

1281

380200 - Election Day Reporting

1281

380300- Vote by Mail Reporting

1395

380300- Election Day Reporting

1395

380400- Vote by Mail Repo1ing

1340 1340

490

36.57

524

39.10

380400- Election Day Reporting

113 88

286 154 108 83 148 142

130 110 161

149 148 190

73 74 32 45 147 141 51 58 71

85 30 70 63 113 15

67 44

117 116 148

155 115 140 153 114

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1093 1093

468 359

42.82

380600 - Election Day Reporting 380700- Vote by Mail Reporting

1039

360

34.65

380700- Election Day Reporting

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34.74

400100- Vote by Mail Repo1ing

693 693 780 780 792 792 556 556 550 550 697 697

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89 89 95

46.90

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184

115 105 108 74

263

37.95

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351

45.00

85 57

327

41.92

109 98

115 185

394

49.75

301

38.01

287 190 23

51.62

221

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400800- Election Day Reporting

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400900- Vote by Mail Reporting

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400900- Election Day Reporting

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401100- Election Day Reporting

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1493

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44.38

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33.64 34.82 30.43

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30.56

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31.89

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432300 - Election Day Reporting

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1115

432400- Election Day Reporting

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432600- Vote by Mail Reporting

432810- Election Day Reporting

782 782 1364 1364 810 810

432900- Vole by Mail Reporting

1024

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1096

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433100- Election Day Reporting

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433700- Election Day Reporting

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439 439

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1198

440100- Election Day Reporting

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440300- Vote by Mail Reporting

1477

440300- Election Day Reporting

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440400- Vote by Mail Reporting

1632 1632 1430

440400- Election Day Reporting 440610- Vole by Mail Reporting

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ALAMEDA COUNTY Statement of Vote GENERAL ELECTION NON-PARTISAN AC TRANSIT DISTRICT DIRECTOR, AT LARGE

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1177

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896 896 1545 1545 781 781 999 999

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450400- Election Day Reporting

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1270

451510 ·Election Day Reporting

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451600 ·Vote by Mail Reporting

1195

451600- Election Day Reporting

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452100- Election Day Reporting

952 952 1154 1154

452200- Vote by Mail Reporting

1568

452200 • Election Day Reporting

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452400 • Vote by Mail Reporting

1088

452400- Election Day Reporting

1088

452500- Vote by Mail Reporting

453400 • Election Day Reporting

771 771 993 993 670 670 941 941

453500 - Vote by Mail Reporting

1217

453500- Election Day Reporting

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ALAMEDA COUNTY Statement of Vote GENERAL ELECTION NON-PARTISAN AC TRANSIT DISTRICT DIRECTOR, AT LARGE

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ALAMEDA COUNTY Statement of Vote GENERAL ELECTION NON-PARTISAN AC TRANSIT DISTRICT DIRECTOR, AT LARGE

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31

ALAMEDA COUNTY Statement of Vote GENERAL ELECTION NON-PARTISAN AC TRANSIT DISTRICT DIRECTOR, AT LARGE

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ALAMEDA COUNTY Statement of Vote GENERAL ELECTION NON-PARTISAN AC TRANSIT DISTRICT DIRECTOR, AT LARGE

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ALAMEDA COUNTY Statement of Vote GENERAL ELECTION NON-PARTISAN AC TRANSIT DISTRICT DIRECTOR, AT LARGE

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ALAMEDA COUNTY Statement of Vote GENERAL ELECTION NON-PARTISAN AC TRANSIT DISTRICT DIRECTOR, AT LARGE

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ALAMEDA COUNTY Statement of Vote GENERAL ELECTION NON-PARTISAN AC TRANSIT DISTRICT DIRECTOR, AT LARGE

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220275

3334

67190

86646

64669

144

297 140 43 289 191

J:)ijstrict Totals· Absentee J:)ijstrict Grand Totals 13th Cong.-essional District

409206

309672

75.68

82075

139041

86058

15th Congrassiooal J:)ijstrict

167808

119887

71.44

37300

51900

30018

17th Congressiooal District

83n2

59543

71.12

17883

25716

15681

9th Stale Senatorial District

405310

306922

75.73

81156

137866

85425

10th Stale Senatorial District

255426

182180

71.32

56102

78791

46332

15th Assembly District

167298

129822

77.60

25958

61808

41380

72

18th Assembly District

241280

179421

74.36

55975

77046

44584

20th Assembly District

182859

130797

71.53

40398

56717

32964

221 153

25th Assembly District

69299

49062

70.80

14927

21086

12829

34

660736

489102

74.02

137258

216657

131757

480

38 85

2nd Dis!. Board of Equalization 1st Supervisorial District

77471

55200

71.25

16196

24300

14503

2nd Super-Jisorial District

104339

73191

70.15

23677

31374

17686

3rd Supervisorial J:)ijstrict

150635

110691

73.48

32462

47710

29564

4th Supervisorial J:)ijstrict

127394

96470

75.73

29821

42446

23390

5th Super-Jisorial J:)ijstrid

200897

153550

76.43

35102

70827

46614

ALAMEDA

660736

489102

74.02

137258

216657

131757

City of Alameda

44440

34697

78.08

8966

14346

11183

City of Albany

10747

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79.51

1849

3802

2870

November 21, 2012 9:40am

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Page 286 of 748

43

ALAMEDA COUNTY Statement of Vote GENERAL ELECTION NON-PARTISAN AC TRANSIT DISTRICT DIRECTOR, AT LARGE

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74035

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42616

30422

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Page 287 of 748

November 21, 2012 9:40 am

44

This page intentionally blank 

45

STATE OF CALIFORNIA COUNTY OF ALAMEDA

I, DAVE MACDONALD, Registrar of Voters for the County of Alameda, State of California, having canvassed the returns of all votes cast in the Alameda-Contra Costa Transit District, Ward 1 at the General Election held on Tuesday, November 6, 2012, do hereby certify the following to be a full, true and correct Statement of the Results of all the votes cast, to which this certificate is attached, at said election for each candidate in the Alameda-Contra Costa Transit District, Ward 1 for the office of Director, Ward 1.

I hereby set my hand and my official seal this 21'1 day ofNovember 2012.

~~ Registrar ofVoters Alameda County State ofCalifumia

46

This page intentionally blank 

47

ALAMEDA COUNTY Statement of Vote GENERAL ELECTION NON-PARTISAN AC TRANSIT DISTRICT DIRECTOR, WARD 1

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317

53.82

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220

32.16

671 671

347

51.71

96 58 106

199

29.66

64

617 617 612 612 675 675 627 627 842 842

333

53.97

76

188

30.47

50

309

50.49

94

210

34.31

362

53.63

55 101

211

31.26

292

46.57

58 79

214

34.13

45

403

47.86

107

72 86 47 68 51

288

34.20

282

47.64

201410 • Election Day Reporting

592 592

199

33.61

201500- Vote by Mail Reporting

634

315

49.68

201500- Election Day Reporting

634 424 424

201

31.70

149

35.14

141

33.25

770 770

273

35.45

34 44 76

281

36.49

74

201

37.92

194

36.60

454

37.65

54 47 111

427

35.41

201410 ·Vote by Mail Reporting

201900- Vote by Mail Repcrting 201900- Election Day Reporting 202110- Vote by Mail Reporting 202110- Election Day Reporting 204100- Vote by Mail Reporting

163 91 125

163

71

95 118

116

58 131

56

54

96 71 54 103

44 42

92 80 69 60 195

204310- Vote by Mail Reporting

1128

451

39.98

204310- Election Day Reporting

1128

415

36.79

204600- Vote by Mail Repcrting

1365

386

28.28

204600- Election Day Reporting

1365

552

40.44

205000- Vote by Mail Reporting

359

56.09

205000- Election Day Reporting

640 640

182

28.44

48

205100- Vote by Mail Reporting

739

397

53.72

119

114 178 143 116 136 143 66 147

205100- Election Day Reporting

739

236

31.94

60

205200 -Vote by Mail Reporting

842 842

456

54.16

127

265

31.47

68

105 138 121 101 137 89

606

52.15

161

1162

371

31.93

80 104 94 79

234 148 134

205800- Vote by Mail Reporting

691

37

53.98

205800 - Bection Day Reporting

691

198

28.65

53

205900 ·Vote by Mail Repcrting

361

49.12

100

270

36.73

74

318

51.79

206000- Election Day Reporting

73 735 614 614

204

33.22

206100 ·Vote by Mail Reporting

1120

531

47.41

206100- Election Day Reporting

1120

402

35.89

206200 -Vote by Mail Reporting

299

43.59

206200 • Election Day Reporting

686 686

257

37.46

69 47 141 101 77 76

206400- Vote by Mail Reporting

1162

507

43.63

145

205900- Election Day Reporting 206000- Vote by Mail Reporting

150 166

0

205600 ·Vote by Mail Repcrting

44.48

148 207 134

173 106 143 94 211 142 136 132 146

205600- Election Day Reporting

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78 86

0

92

333

126

93

68

375

83 127

8

99

843

116 109

0

32.65

843

86 135

129

50.83

205700- Vole by Mail Reporting

83 111

0

397

205700- Election Day Reporting

81 121

0

255

205500 • Election Day Reporting

82 110

126 68

781 781 1162

205500- Vote by Mail Repcrting

70 129

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156 91 15

205200 - Election Day Reporting

73 125 104

108

204300- Election Day Reporting

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134

133 65 127 55 105 73 140 69 102 82 161 100 87 69 119

530 530 1206 1206

204100- Election Day Reporting

71

106 148

64 151 97 152 66 211 136

115 78 181

81 110

98 97 90 178 162 107 102 181

November 21, 2012 9:40am

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ALAMEDA COUNTY Statement of Vote GENERAL ELECTION NON-PARTISAN AC TRANSIT DISTRICT DIRECTOR, WARD 1

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105 138 80

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Page 289 of 748

am

49

ALAMEDA COUNTY Statement of Vote GENERAL ELECTION NON-PARTISAN AC TRANSIT DISTRICT DIRECTOR, WARD 1

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767 868 868 778

209100- Election Day Reporting

778

209110- Vote by Mail Reporting

716

209110- Election Day Reporting

716

209200- Vote by Mail Reporting 209200 • Election Day Reporting

1096 1096

209300 -Vote by Mail Reporting

1222

209300 - Election Day Reporting

1222 1225 1225 1014 1014

209000 • Election Day Reporting 209010- Vote by Mail Reporting 209010- Election Day Reporting

209310- Vote by Mail Reporting 209310 ·Election Day Reporting 209400- Vote by Mail Reporting

209400- Election Day Reporting 209410- Election Day Reporting

695 695

209510- Vole by Mail Repocting

1012

209510- Election Day Reporting

1012

209600- Vote by Mail Repocting

848 848 662 662 867 867 861 861 792 792 793 793

209410- Vole by Mail Rep acting

209600- Election Day Reporting 209610 -Vole by Mail Rep acting 209610 - Election Day Reporting 209700 -Vote by Mail Repocting 209700- Election Day Reporting 209710 ·Vote by Mail Repocting 209710- Election Day Reporting 209800- Vote by Mail Repocting 209800- Election Day Reporting 209900- Vote by Mail Repocting 209900- Election Day Reporting 260100- Vote by Mail Repocting

1429

260100- Election Day Reporting

1429

260300 -Vole by Mail Repocting

375 375

260300 - Election Day Reporting 260400 -Vote by Mail Repocting 260400 - Election Day Reporting 260610- Vote by Mail Repocting 260610- Election Day Reporting 260800- Vote by Mail Repocting 260800- Election Day Reporting 260900- Vote by Mail Repcrting 260900- Election Day Reporting 261000- Vote by Mail Repocting 261000- Election Day Reporlmg 261300- Vote by Mail Repocting 261300 ·Election Day Reporting 261400 ·Vote by Mail Repocting 261400- Election Day Reporting 261600- Vote by Mail Repocting 261600- Election Day Reporting 261700 ·Vote by Mail Repocting 261700- Election Day Reporting 262000 ·Vote by Mail Repocting 262000- Election Day Reporting 262100- Vote by Mail Repocting 262100- Election Day Reporting 9205550- Vote by Mail Reporting

74

74 793 793 767 767 893 893 893 893 923 923 708 708 83 833 715 715 910 910 763 763 228

309 374 307 346 278 306 282 436 406 489 437 557 449 500 333

354 215 457 392 308 384 229 238 349 327 261 384

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103 109

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50.94

107

71

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104 150 136 159 124 121

96

34.59 35.95

65

40.25

118 87

86 139 92 118 103 100 181 155

277 334

34.97

310 292 512 489 166

39.09

44.27

56

123

32.80

276 292 370 231 325 283 387 336 425 332 388 347 274 283 399 302 295 282 488 279 419 242 179

37.05

39 106 125 137 104 111 112 179 138 181

36.82 35.83 34.22

39.19 46.66 29.13 42.37 36.90 43.34 37.63 47.59

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134 103

92 108 119 135 152 140

223

173 177

146 221 130 137 62 173 149 124 135 81 74

138 116 92 139 108 121 108 93 152 129 53 23 77

71 113 49 98 72 88

74 86

77 112 105 73 71 107

127

41.26 39.44

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81 78 58

47.90 36.25

92

96

150 113 104 120 174 101 121

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119 78 115 98

119 123 158 128 125 129 96

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November 21, 2012 9:40am

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Page 290 of 748

50

ALAMEDA COUNTY Statement of Vote GENERAL ELECTION NON-PARTISAN AC TRANSIT DISTRICT DIRECTOR, WARD 1

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City of Berkeley

77.58

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19836 19836 19836 19836 19836 19836 3007 16829

30 30 30 30 30 30

8545 47566

16677 16677 16677 16677 16677 3255 13422

19396 19396

72057 72057 10747 61310

77.87 77.87 77.87 77.87 77.87

26

Grand Totals

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19396

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District Grand Totals 13th Congressional District 9th Stl!le Senatorial D:slrict 15th Assembly District 2nd Dis!, Board of Equalization

5th Supervisorial D:strict ALAMEDA City of Albany

77.87

79.51

19396 19396 19396 19396

2256

November 21, 2012 9:40am

4

Page 291 of 748

51

STEPHEN L. WEIR COUNTY CLERK

CANDY LOPEZ ASSISTANT COUNTY REGISTRAR

RECEIVED CONTRA COSTA COUNTY REGISTRATION-ELECTION DEPARTMENT 555 ESCOBAR STREET MARTINEZ, CALIFORNIA 94553-1140

DEC - 5 Z01l DISTRICT $oCRETAIIY'S

OFFICI'

(925) 335-7800

December 3, 2012

Alameda-Contra Costa Transit District 1600 Franklin St Oakland, CA 94612

Attn:

Linda Nemeroff, District Secretary

Re:

11/06/12 General Election Certificate of Results I Candidate(s) Certificate of Election and Oath of Office

Dear Ms. Nemeroff, Please find enclosed a copy of the Statement of Votes, Voters Information Pamphlet, Sample Ballot example and Publication for the following jurisdiction that was on the ballot tor the above election. Also enclosed is a copy of a letter to Alameda County. Alameda-Contra Costa Transit District On Ballot- At Large - 1 Director, Full Term

CCCI Alameda is County of Jurisdiction

On Ballot- Ward 1 - 1 Director, Full Term

CCCI Alameda is County of Jurisdiction

Alameda is the County of Jurisdiction for the Alameda-Contra Costa Transit District. They will send the Certificate of Results with the combined Statement of Votes and the Certificate of Election and Oath of Office for the declared winner. If you have any questions in this regard, please contact this office at (925) 335-7874. Respectfully,

~· Coun/7~&~

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1

Election Processing Supervisor Enclosures

52

This page intentionally blank 

53

2012 PRESIDENTIAL GENERAL CONTRA COSTA COUNTY TUESDAY. NOVEMBER 6, 2012

Official Results

PRINTED 12/03/12, 12:18 PM

PAGE 325

RV E0 GT I E SR TS E R E

D

99 PRECINCTS 0000234 0000234 0000235 0000235 0000236 0000236 0000237 0000237 0000238 0000238 0000239 0000239 0000240 0000240 0000241 0000241 0000242 0000242 0000243 0000243 0000244 0000244 0000245 0000245 0000246 0000246 0000247 0000247 0000248 0000248 0000249 0000249 0000250 0000250 0000251 0000251 0000252

ECO ECO ECO ECO ECO ECO ECO ECO ECO ECO ECO ECO ECO ECO ECO ECO ECO ECO ECO ECO ECO ECO ECO ECO ECO ECO ECO ECO ER5 ER5 ER5 ER5 ER5 ER5 NR5 NR5 RW5

110 110 110 110 110 110 110 110 110 110 110 110 110 110 110 110 110 110 110 110 110 110 110 110 111 111 111 111 112 112 112 112 112 112 112 112 112

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s

430 265 753 641 439 311 380 310 472 370 722 486 537 305 473 412 494 335 340 250 432 319 612 489 132 168 442 456 214 196 665 546 363 336 258 400 259

I AC Transit Director. At Large I HE P I .. E I E I cp I HL I RE I I S I s I T I I I A I Tp I N UE I w ( R R I Dc J R NC I 0 . 0 c I 0 E I L N H T UN I L E R E TT I E s I A I N s I ) G I E N (NON) E I (NON) (NON) -I 90 50.29 1 203 2 30.99 1 69 110 2 149 47.66 1 375 4 132 40.57 1 294 2 50.93 1 68 247 0 69 36.08 1 142 2 78 47.74 1 194 1 38.94 1 79 120 0 84 248 48. n 1 3 38.18 1 89 160 1 52.55 1 149 384 6 35.37 1 106 214 3 54.02 1 104 268 6 30.68 1 58 152 1 47.78 1 117 230 2 91 41.62 1 179 1 52.11 94 254 1 35.34 76 148 1 46.83 67 180 1 34.44 67 110 0 50.35 92 229 0 37.18 63 153 0 47.52 117 312 2 37.97 113 211 4 35.01 38 61 3 44.56 58 68 0 40.26 141 181 0 41.53 144 172 0 44.31 55 95 2 40.58 57 81 1 47.33 155 298 5 38.86 121 220 5 45.26 84 157 0 41.90 83 121 3 27.22 88 113 0 42.19 150 143 2 26.06 83 135 1

54

1

AC Transit Director. Ward 1

I I I I I I I

w

E (NON)

y B EA LR DT AL E T T (NON)

N (NON)

138 125 247 196 158 107 125 118 158 129 285 172 175 115 180 159 148 118 115 87 132 102 212 171 57 83 169 183 81 82 242 183 125 102 134 207 125

137 52 254 186 152 90 137 74 143 108 232 134 167 73 142 100 175 94 111 80 171 97 201 127 46 41 139 134 54 38 181 109 82 79 51 55 67

3 1 2 2 1 3 1 0 2 1 2 3 0 0 2 1 5 1 3 0 3 0 0 3 0 0 2 1 3 1 4 5 2 4 0 5 1

J w 0A El L A

c

R I T E

2012 PRESIDENTIAL GENERAL CONTRA COSTA COUNTY TUESDAY, NOVEMBER 6, 2012

Official Results

PRINTED 12/03/12. 12:18 PM

99 PRECINCTS 0000252 0000253 0000253 0000254 0000254 0000255 0000255 0000256 0000256 0000257 0000257 0000274 0000274 0000275 0000275 0000433 0000433 0000434 0000434 0000435 0000435 0000436 0000436 0000437 0000437 0000438 0000438 0000439 0000439 0000440 0000440 0000441 0000441 0000442 0000442 0000443 0000443

RW5 ES5 ES5 ES5 ES5 ES5 ES5 ES5 ES5 ES5 ES5 KN5 KN5 KN5 KN5 RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO

112 115 115 115 115 115 115 115 115 115 115 130 130 130 130 221 221 221 221 221 221 221 221 221 221 221 221 221 221 221 221 222 222 222 222 222 222

I I I I I I I I I I I I I I I I I I I I I I I I vI A I vI A I vI AI vI AI vI AI vI AI vI AI vI AI vI A I vI AI vI AI vI AI vI AI vI AI vI A I vI AI vI AI vI AI vI

PAGE 326

RV E0 GT I E SR TS E R E D

s

994 902 902 1558 1558 1438 1438 1032 1032 1394 1394 1958 1958 1882 1882 1149 1149 1150 1150 977 977 792 792 805 805 1014 1014 817 817 765 765 1019 1019 693 693 779 779

405 359 341 605 608 550 553 352 465 619 433 951 788 1042 630 460 396 432 457 313 377 316 310 274 367 388 428 376 339 210 387 256 463 225 194 292 299

BC AA LS LT 0 T

I AC Transit Director. At Large I HE P I .. E I E I cp I HL I RE I I S I s I T I I I A I Tp I N UE I w ( R R I DC J R NC I 0 . 0 c I 0 E L N H T UN L E R E TT E s I A N s I G ) E N (NON) (NON) E (NON) 40.74 39.80 37.80 38.83 39.02 38.25 38.46 34.11 45.06 44.40 31.06 48.57 40.25 55.37 33.48 40.03 34.46 37.57 39.74 32.04 38.59 39.90 39.14 34.04 45.59 38.26 42.21 46.02 41.49 27.45 50.59 25.12 45.44 32.47 I 27.99 I 37.48 1 38.38 1

153 129 110 182 196 178 206 126 169 187 147 135 126 154 90 125 121 156 186 119 156 92 102 92 153 116 146 113 118 80 146 106 170 87 73 101 107

144 148 146 260 243 232 205 143 170 259 179 510 372 544 322 221 151 160 139 120 116 146 113 116 118 145 163 154 128 74 136 92 143 70 61 100 93

55

3 0 0 4 6 7 5 3 3 6 0 3 1 5 2 1 5 3 3 3 2 0 1 I

3 6 1 2 0 0 1 1 4 0 2 I I

1

AC Transit Director. Ward 1

I I

J w 0A EL L A

c

E (NON) 169 207 180 296 297 256 277 161 225 279 210 259 173 300 163 234 155 224 211 150 192 144 144 148 185 168 199 151 153 97 172 110 171 91 85 112 102

y B

w

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R I T E

80 59 69 127 116 141 114 82 100 151 86 327 268 349 197 85 80 65 83 74 62 78 44 48 62 79 76 107 74 50 78 63 98 63 29 71

74

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2 2 2 4 3 2 I

1 0 1 0 2 7 1 I I

0 1 2 2 0 1 0 0

2012 PRESIDENTIAL GENERAL CONTRA COSTA COUNTY TUESDAY, NOVEMBER 6, 2012

Official Results

PRINTED 12/03/12, 12:18 PM

99 PRECINCTS 0000444 0000444 0000445 0000445 0000446 0000446 0000447 0000447 0000448 0000448 0000449 0000449 0000450 0000450 0000451 0000451 0000452 0000452 0000453 0000453 0000454 0000454 0000455 0000455 0000456 0000456 0000457 0000457 0000458 0000458 0000459 0000459 0000460 0000460 0000461 0000461 0000462

RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO

222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222

I I I I I I I I I I I I I I I I I I I I I I I I AI vI A

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PAGE 327

RV E0 GT I E SR TS E R E D 1407 1407 1056 1056 903 903 955 955 980 980 1231 1231 1186 1186 808 808 877 877 889 889 1058 1058 938 938 957 957 753 753 825 825 850 850 836 836 1005 1005 945

BC AA LS LT 0 T

s

436 573 453 496 237 379 276 369 295 369 645 454 606 411 213 319 234 360 448 342 328 439 253 404 338 396 265 285 313 349 328 350 303 360 351 382 441

T p UE RR NC 0 E UN TT A G E 30.99 40.72 42.90 46.97 26.25 41.97 28.90 38.64 30.10 37.65 52.40 36.88 51.10 34.65 26.36 39.48 26.68 41.05 50.39 38.47 31.00 41.49 26.97 43.07 35.32 41.38 35.19 37.85 37.94 42.30 38.59 41.18 36.24 43.06 34.93 38.01 46.67

I I I I I I I I I I I I I I I I I I I

AC Transit Director, At Large HE P .. E E cp HL RE I S

s

T I A N Dc J 0 . 0 L N L E E s N E (NON) 169 226 103 102 89 177 104 132 104 149 131 80 120 103 77 107 114 159 97 94 129 171

105 162 109 140 88 92 97 126 82 105 78 113 90 117 91

w (

c H R I 5

R I T E

(NON)

I N (NON)

152 182 181 184 95 113 100 120 114 117 306 188 272 164 80 101 70 119 199 119 138 123 102 126 124 121 108 83 132 135 135 117 140 130 152 133 218

2 1 3 1 0 2 2 2 0 1 0 0 0 1 0 4 0 2 1 2 1 I 0 5 1 I I 0 2 2 1 2 6 2 0 1 2

)

56

I AC I I I I I I I I I I I I I I I I

Transit Director. Ward 1

J

w

0A EL L A

c

E (NON) 215 284 139 150 107 167 111

138 128 149 234 163 219 145 104 143 113 170 143 119 146 169 112 173 134 115 105 109 129 157 117 113 134 147 141 124 180

w

y B EA LR DT AL E T T (NON)

I N (NON)

71 83 119 91 54 88 74 61 66 69 168 70 142 103 41 41 47 63 130 74 89 80 78 56 78 89 70 52 88 70 76 74 73 66 81 86 104

2 1 4 1 0 I 3 3 0 3 I 0 0 0 0 0 0 1 1 1 2 I 2 4 0 1 2 0 0 1 2 2 5 2 0 0 1

R I T E

2012 PRESIDENTIAL GENERAL CONTRA COSTA COUNTY TUESDAY, NOVEMBER 6, 2012

Official Results

PRINTED 12/03/12, 12:18 PM

RV E0 GT I E SR TS E R E D

99 PRECINCTS 0000462 0000463 0000463 0000464 OD00464 0000465 0000465 0000466 0000466 0000467 0000467 0000468 0000468 0000469 0000469 0000470 0000470 0000471 0000471 0000472 0000472 0000473 0000473 0000474 0000474 0000475 0000475 0000476 0000476 0000477 0000477 0000478 0000478 0000479 0000479 0000485 0000485

RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO RIO SPO SPO

PAGE 328

222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 224 224 224 224 224 224 224 224 224 224 224 224 224 224 225 225 232 232

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945 651 651 660 660 998 998 1047 1047 954 954 995 995 1027 1027 1223 1223 1572 1572 990 990 646 646 678 678 380 380 706 706 818 818 643 643 552 552 857 857

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s

348 262 278 236 323 333 395 335 478 336 372 308 446 452 438 389 522 646 669 415 410 255 268 296 308 196 191 313 307 382 289 284 256 193 258 254 343

Tp UE RR NC 0 E UN TT A G E 36.83 40.25 42.70 35.76 48.94 33.37 39.58 32.00 45.65 35.22 38.99 30.95 44.82 44.01 42.65 31.81 42.68 41.09 42.56 41.92 41.41 39.47 41.49 43.66 45.43 51.58 50.26 44.33 43.48 46.70 35.33 44.17 39.81 34.96 46.74 29.64 40.02

I AC Transit Director, At Large I HE P I .. E I E I cp I HL I RE I I S I s I T I I I A N

w

1

DC J 0 . 0 L N L E E s N E (NON)

(NON)

97 76 79 71 110 114 176 127 199 131 148 112 148 65 99 151 183 162 195 92 125 64 76 75 104 36 61 65 69 97 72 73 58 54 55 101 125

143 110 86 100 122 132 105 135 145 140 123 121 149 229 160 129 180 269 239 170 154 129 101 131 111 100 51 157 115 172 123 115 105 82 107 122 130

(

c H R I

R I T E

s )

57

N (NON) 1 1 1 0 4 1 4 3 0 I 0 I 1 3 0 3 2 2 3 1 3 0 0 0 1 I 0 0 I 1 1 0 0 2 0 0 0

I AC Transit Director, Ward 1 I I I I I I I I I I I I I y B w J w EA R 0A LR I EL DT T L AL E A E T c I E T N CNON) (NON) (NON) 123 103 93 102 136 165 182 162 231 173 169 138 190 165 144 166 221 222 223 161 177 122 98 112 135 73 67 126 lii

160 108 108 90 67 90 122 137

92 63 53 53 65 72 67 78 71 72 63 68 75 104 97 77 90 163 145 97 74 48 63 76 59 59 41 106 54 87 62 66 55 56 57 75 85

1 1 1 0 3 0 2 1 0 I I 2 4 2 2 4 1 2 2 2 3 0 0 1 1 I 1 0 0 2 0 0 0 2 0 0 0

2012 PRESIDENTIAL GENERAL CONTRA COSTA COUNTY TUESDAY. NOVEMBER 6, 2012

Official Results

PRINTED 12/03/12. 12:18 PM

99 PRECINCTS 0000486 0000486 0000487 0000487 0000488 0000488 0000489 0000489 0000490 0000490 0000491 0000491 0000492 0000492 0000493 0000493 0000494 0000494 0009702 0009702 0009703 0009703 0009704 0009704 0009705 0009705 0009707 0009707 0009708 0009708 0009720 0009720 0009721 0009721 0009796 0009796 0009797

SPO SPO SPO SPO SPO SPO SPO SPO SPO SPO SPO SPO SPO SPO SPO SPO SPO SPO ECO ECO ECO ECO ES5 ES5 ER5 ER5 ES5 ES5 ES5 ES5 KG5 KG5 KN5 KN5 RIO RIO RIO

232 232 232 232 232 232 232 232 232 232 232 232 232 232 232 232 232 232 111 111 111 111 112 112 113 113 115 115 116 116 130 130 131 131 221 221 222

A

I I I I I I I I I I I I I I I I I I I I I I I I

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PAGE 329

RV E0 GT I E SR TS E R E D 988 988 557 557 630 630 930 930 912 912 1051 1051 581 581 1043 1043 942 942 235 235 669 669 96 96 28 28 0 0 115 115 122 122 0 0 304 304 25

BC AA LS LT 0 T

s

356 326 191 207 245 218 325 352 287 346 408 356 221 217 274 416 336 372 158 0 504 0 70 0 21 0 0 0 90 0 103 0 0 0 176 0 10

I AC Transit Director. At Large I HE P I .. E I E I cp I HL I RE I I S I s I T I I I A I Tp I N UE I w R R I DC J ( R NC 0 . 0 c I 0E L N H T UN L E R E TT E s I A N s I ) G E N (NON) E (NON) (NON) 36.03 33.00 34.29 37.16 38.89 34.60 34.95 37.85 31.47 37.94 38.82 33.87 38.04 37.35 26.27 39.88 35.67 39.49 67.23 75.34 72.92 75.00

78.26 84.43

57.89 40.00

I I I I I I I 1 1

I 1

I 1 1

I I 1

126 112 56 70 93 73 104 127 109 136 145 132 86 71 97 158 112

130 58 0 138 0 28 0 3 0 0 0 27 0 19 0 0 0 62 0 3

161 113

83 77

94 74 142 139 96 115 180 131 79 80 108 157 143 144 54 0 238 0 30 0 11 0 0 0 26 0 49 0 0 0 61 0 4

58

1 1 1 1 0 2 0 0 4 0 0 0 0 0 0 1 4 1 2 0 2 0 2 0 0 0 0 0 3 0 0 0 0 0 1 0 0

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Director. Ward 1

y B

w

EA LR DT AL E T T CNON)

R I T E

83 58 35 41 65 35 81 62 72 76 77

66 61 42 58 104 73 68 54 0 150 0 21 0 2 0 0 0 18 0 33 0 0 0 32 0 0

I

N (NON) 0 1 2 0 0 2 0 1

2 2 0 0 1

1 1 1 2 0 0 0 2 0 1

0 0 0 0 0 3 0 0 0 0 0 1 0 0

2012 PRESIDENTIAL GENERAL CONTRA COSTA COUNTY TUESDAY. NOVEMBER 6, 2012

Official Results

PRINTED 12/03/12, 12:18 PM

RV E0 GT I E SR TS E R E D

99 PRECINCTS 0009797 0009798 0009798 0009799 0009799 0009800 0009800 0009801 0009801 0009808 0009808 0009809 0009809

RIO RIO RIO RIO RIO RIO RIO RIO RIO SPO SPO SPO SPO

PAGE 330

222 223 223 223 223 224 224 225 225 232 232 233 233

v

BC AA LS LT 0 T

s

I AC Transit Director, At Large I HE P I .. E I E I cp I HL I RE I I S I s I T I I I A I Tp I N UE I w ( R R I DC J R NC I 0 . 0 c I 0E I L N H T UN I L E R E TT I E s I A I N s I ) G I E N E I (NON) (NON) (NON) -I 0 0 0 94.23 l3 45 1 0 0 0 0 0 0 0 0 0 82.03 88 95 2 0 0 0 0 0 0 0 0 0 54.81 56 34 1 0 0 0 100.00 2 0 0 0 0 0 I I 78.98 1 19042 26546 280 I 9199 14752 40.55 1 !51 9843 11794 38.44 1 129 I 78.98 1 19042 26546 280 78.98 1 19042 26546 280 I 78.98 19042 26546 280 78.98 19042 26546 280

25 104 104 0 0 295 295 0 0 208 208 2 2

0 9B 0 0 0 242 0 0 0 114 0 2 0

COUNTY TOTAL

82164

64897

ABSENTEES VOTING PRECINCTS

82164 82164

33316 31581

82164 82164

64897 64897

82164 82164

64897 64897

15157 15157

12222 12222

80.64 80.64

3241 3241

5356 5356

14619 43687 8701 67007

12437 34072 6166 52675

85.07 77.99 70.87 78.61

2798 10782 2221 15801

2203 2203

1588 1588

72.08 72.08

497 497

A

v

A

v

A

v

A

v

A

v

A

v

I I 9TH SENATORIAL I STATE SENATE TOTAL I I 15TH ASSEMBLY DST I STATE ASSEMBLY TOTAL I I UNINCORPORATED AREAS I TOTALS I I CITY OF EL CERRITO I CITY OF RICHMOND I CITY OF SAN PABLO I CITY TOTAL I I MAIL ONLY PRECINCTS I MAIL ONLY PRECINCTS TOI

I AC Transit Director. Ward 1 I I I I I I I I I I I I I y B w I J w E A R I 0A LR I I EL DT T I L AL E I E A I T c I I E T N I I (NON) (NON) (NON) I 0 0 0 I 24 29 I I 0 0 0 I 0 0 0 I 0 0 0 I 119 57 1 I 0 0 0 I 0 0 0 I 0 0 0 I 31 55 I I 0 0 0 I 1 1 0 0 0 0 25884

15460

257

13375 12509

8763 6697

143 114

25884 25884

15460 15460

257 257

25884 25884

15460 15460

257 257

72 72

4838 4838

3056 3056

71 71

5891 12897 2402 21190

52 139 17 208

4421 13996 2629 21046

3801 7254 1349 12404

125 17 186

647 647

14 14

657 657

428 428

10 10

59

44

BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT

MINUTES Regular Meeting Board of Directors/Board Officers Retreat AC Transit General Offices 10th Floor Conference Room 1600 Franklin Street Oakland, CA 94612 Wednesday, October 31, 2012, at 10:00 a.m. MEMBERS OF THE BOARD OF DIRECTORS ELSA ORTIZ, PRESIDENT (WARD 3) JOE WALLACE, VICE PRESIDENT (WARD 1) GREG HARPER (WARD 2) 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 VINCENT C. EWING, GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY Teleconference/Videoconference: H. E. Christian Peeples, Director At-Large 68 Rue Escudier, 5 GG, 92100 Boulogne Billancourt, FRANCE

Alameda~Contra

Costa Transit District

October 31, 2012 60

Page 1 of 7

BOARD OF DIRECTORS MEETING- Elsa Ortiz, President Wednesday, October 31, 2012, 2012 at 10:00 a.m.

ACTION SUMMARY

i The

Alameda-Contra Costa Transit District Board of Directors held a ! Retreat on Wednesday, October 31, 2012. i

I The General Counsel confirmed that all requirements of the Ralph M. Brown Act (Govt. Code Sections 54950, et seq.) and the provisions of Board Policy 100, Section 4.8 regarding teleconferenced meetings were met in order for Director Peeples to participate in the meeting and advised that all votes must be taken by roll call vote. [An

affidavit verifying that the teleconference location was accessible to i persons with disabilities and that the agenda was posted at the teleconference location at least 72 hours prior to the start of the meeting is attached as Exhibit A.] President Ortiz convened the meeting at 10:38 a.m.

, Items were taken out of sequential order. However, items are reported in sequential order in the minutes for ease in reading.

i 1.

2.

I ROLL CALL

I Present: Harper, Williams, Davis, Peeples, Young, Wallace, Ortiz

I Absent: I

None

PUBLIC COMMENT Joyce Roy commented that it was better to have the Board Retreat in the lOth floor conference room because it was easier for the public to hear the discussion. She requested that future retreats occur on the 10th floor.

! 3.

I ACTION ITEM(S): I

3A. ! Consider the adoption of Resolution No. 12-045 appointing members I to the Alameda-Contra Costa Transit District Parcel Tax Fiscal ! Oversight Committee (Report 12-268A).

APPROVED

There was no presentation of the staff report. MOTION: PEEPLES/WALLACE to appoint Matt Williams to the Alameda-Contra Costa Transit District Parcel Tax Fiscal Oversight Committee. The motion carried by the following vote:

!I AYES:6: Peeples, Wallace, Harper, Williams, Young, Ortiz I ABSENT:l: Davis (out of seat)

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MOTION: WILLIAMS/WALLACE to appoint Mark Chekai-Bain to the Alameda-Contra Costa Transit District Parcel Tax Fiscal Oversight Committee. The motion carried by the following vote: AYES:6: Williams, Wallace, Harper, Peeples, Young, Ortiz ABSENT:l: Davis (out of seat) MOTION: ORTIZ/YOUNG to appoint Robert Apodaca to the AlamedaContra Costa Transit District Parcel Tax Fiscal Oversight Committee. The motion carried by the following vote: AYES:6: Ortiz, Young, Harper, Williams, Peeples, Wallace ABSENT:l: Davis (out of seat) MOTION: WALLACE/WILLIAMS to adopt Resolution No. 12-045 appointing Matt Williams, Mark Chekai-Bain, and Robert Apodaca to the Alameda-Contra Costa Transit District Parcel Tax Fiscal Oversight Committee. The motion carried by the following vote: AYES:7: Wallace, Williams, Harper, Davis, Peeples, Young, Ortiz 4. 4A.

DISCUSSION ITEMS: Discussion regarding the status of the Division 3 facility in Richmond [Requested by Director Wallace- 6/27/12].

INFORMATION ONLY

Director of Service Development and Marketing Robert del Rosario presented the report. Discussion ensued regarding the cost savings associated with closing Division 3; the existing fueling activity at the division; the need for a fully functional division in Contra Costa County; future development of the Chevron property; the city of Richmond's interest in the D-3 property; capacity levels at the other divisions; the savings achieved by closing Division 3; and whether additional space is needed for the service being provided in West Contra Costa County. General Manager David Armijo suggested that an outside auditor perform a comprehensive review of all existing division facilities, including the scheduled service hours and miles, cost for dead head miles, and the cost to build a new facility. He advised that he would report back to the Board after the first of the year. The item was presented for information only. No action was taken.

Alameda-Contra Costa Transit District

October 31, 2012 62

Page 3 of 7

4B.

Discussion regarding the impacts of AB 1706- Transit Bus Weight.

INFORMATION ONLY

Chief Performance Officer Tom Prescott presented the staff report. Discussion ensued regarding the key elements of the legislation and the impact on the District in terms of future bus purchases. Public Comment: Jane Kramer asked why the District was worried about the legislation given that the buses to be purchased only last for 12 years.

The item was presented for information only. No action was taken. At 12:20 p.m. President Ortiz recessed the meeting for lunch. The meeting reconvened at 12:47 p.m. All Board members were present with the exception of Director Young who left the meeting. 4C.

Discussion regarding fare policy/fare payment.

INFORMATION ONLY

General Manager David Armijo introduced the item and called upon Director of Service Development and Marketing Robert del Rosario to present the report. With regard to the District's existing fare policy, outside consultant John Gobis advised that the use of cash was very high which equated to increased operating costs and higher fares for cash riders. He also advised that AC Transit has lowest utilization of Clipper of all the major agencies in the Bay Area, and that given the investment in Clipper, AC Transit agency needed to improve utilization. Discussion ensued regarding the following: Resistance by certain ridership groups to the use Clipper; Monthly pass pricing; The cause of AC Transit's low Clipper utilization; The need to increase the availability of Clipper distribution centers; The District's ridership profile; Day pass, weekly pass, and fare accumulator products; The elimination of transfers; and CUBIC's contractual obligations with regard to the vendor network. Mr. Gobis suggested that the District work with MTC to develop a proposal to address issues with CUBIC with regard to the improving the vendor network and developing new fare products for Clipper.

Alameda-Contra Costa Transit District

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Page 4 of 7

Further discussion was had regarding the existing fare policy and forthcoming recommendations to change the policy and to grow the Eco Pass and Easy Pass Programs. Public Comment: Joyce Roy commented that there was an exhibition at the Oakland Main Library called "Public Transit in the East Bay" that was largely about AC Transit. She added that there was a flyer on exhibit from 1962 advertising to make "Sundays and Holidays Funs Days with an AC Transit Day Pass". She added that she liked the idea of a day pass and felt it would cut down on the use of cash. Jane Kramer commented that she did not use a Clipper card because it was too bothersome, noting that she preferred to purchase a sticker. She also said that she did not want to risk her debit card and that it was better and easier to issue a sticker instead and more retailers that would sell it. The item was presented for information only. No action was taken. 40.

Overview of MAP-21 {Moving Ahead for Progress in the 21'1 Century). Chief Planning and Development Officer Dennis Butler presented the staff report. Discussion ensued regarding the decline in federal funds for transit (which is likely to continue) and the need for local agencies to make up any funding shortfalls. Mr. Butler outlined the impacts of MAP-21 on AC Transit as well as new program requirements and unfunded mandates with regard to asset management and transit safety. He further advised that the District was in an advantageous position with regard to asset management and transit safety largely due to the Bus Rapid Transit Project.

DIRECTED THE GENERAL MANAGER TO DRAFT LEITER TO MTC REGARDING REPRESENTATION ON THE COMMISSION

Mr. Butler talked about the threat of sequestration to New Starts/Small Starts funding which would result in an impact to the funding for the Bus Rapid Transit Project. General Manager David Armijo commented that officials from the FTA had recently reminded AC Transit staff to ensure the timely spending down of grant funds to prevent losing them. He added that due to sequestration, there could be an across the Board reduction in grants for projects that have already been approved in order to balance the budget. Director Young spoke about changes in the composition of Metropolitan Planning Organizations {MPOs), noting that transit properties would be able to participate and have an opportunity to Alameda-Contra Costa Transit District

October 31, 2012 64

Page 5 of 7

vote. He said that he recently had a conversation with an official from the Metropolitan Transportation Commission (MTC) about what is going to happen in the Bay Area and which transit properties would get to participate as voting members of MTC. General Manager David Armijo said that this was a discussion the District should have with MTC to see what their plans are and initiate a dialogue. Director Young inquired whether the District should lobby for representation on MTC. Director Peeples advised that AC Transit and BART should be represented. Consensus to direct the General Manager to draft a letter to the Metropolitan Transportation Commission to affirm AC Transit's interest to be represented on the Metropolitan Transportation Commission. 4E.

Discussion regarding the Customer Service Call Center.

INFORMATION ONLY

Chief Technology Officer Tom O'Neill presented the report. Outside Consultant John Gob is provided an overview of the deficiencies in the existing service and AC Transit's ridership profile. Discussion ensued regarding call quality; Title VI; cost containment measures; the lack of multiple language services; and the "real" cost savings in terms of the cost to provide the service in-house versus a service that is contracted out. With regard to the current lack of multiple language services, Mr. O'Neill advised that it would be relatively inexpensive to correct this situation in the existing contract. General Manager David Armijo commented that he would like the procurement for the call center to be done well in advance in conjunction with an analysis of what it would cost to provide the service in house. He also said that he did not believe the next contract would be as inexpensive as the current contract, but somewhere in between the current cost and the cost to provide the service in house. He also said that it was important to investigate what other transit agencies are doing. Public Comment: Joyce Roy commented on the need for a call center that is located in the area in which the service is provided, noting that it was important for call center employees to be familiar with the service. The item was presented for information only. No action was taken.

Alameda-Contra Costa Transit District

October 31, 2012 65

Page 6 of 7

5.

ADJOURNMENT There being no further business to come before the Board of Directors, the meeting was adjourned at 1:27 p.m. The next meeting of the Board of Directors is scheduled for Wednesday, November 14, 2012.

Respectfully submitted,

c:;;;kJ; If£~~ Linda A. Nemeroff District Secretary

Alameda-Contra Costa Transit District

October 31, 2012 66

Page 7 of 7

This page intentionally blank 

67

BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT

MINUTES Special Meeting of the Board of Directors/Closed Session AC Transit General Offices 2"d Floor Board Room 1600 Franklin Street Oakland, CA 94612 Monday, November 12, 2012 at 4:00p.m. MEMBERS OF THE BOARD OF DIRECTORS ELSA ORTIZ, PRESIDENT (WARD 3} JOE WALLACE, VICE PRESIDENT (WARD 1) GREG HARPER (WARD 2} MARK WILLIAMS (WARD 4) JEFF DAVIS (WARD 5) JOEL YOUNG (AT-LARGE) H. E. CHRISTIAN PEEPLES (AT-LARGE) Teleconference: Jeff Davis, Director, Ward 5 36365 Shorehaven Place Newark, CA 94560

Teleconference: H. E. Christian Peeples, Director At-Large 68 Rue Escudier, 5 GG, 92100 Boulogne Billancourt, France

Teleconference: Joel Young, Director At-Large 1 Lakeside Drive, #413 Oakland, CA 94612 BOARD OFFICERS DAVID J. ARMIJO, GENERAL MANAGER DENISE C. STANDRIDGE, ACTING GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY

Alameda~Contra

Costa Transit District

November 12, 2012

68

Page 1 of 3

SPECIAL BOARD OF DIRECTORS MEETING- Elsa Ortiz, President Monday, November 12, 2012 at 4:00p.m.

ACTION SUMMARY

I The

I

Alameda-Contra Costa Transit District Board of Directors held a special meeting on Wednesday, November 12, 2012.

f

Prior to the start of the meeting, Acting General Counsel Denise Standridge confirmed that the requirements of the Ralph M. Brown Act (Govt. Code Sections S4950, et seq.) and the provisions of Board Policy 100, Section 4.8 regarding teleconferenced meetings were met in order for Directors Peeples, Young and Davis to participate in the ! meeting and advised that all votes must be taken by roll call vote. {An 1

affidavit verifying that the teleconference lacatlans were accessible ta persons with disabilities and that the agenda was pasted at each teleconference location at least 24 hours prior ta the start af the meeting is attached as Exhibit A.] The meeting was called to order at 4:03 p.m.

1.

i ROLL CALL Present: Harper, Williams, Davis, Peeples, Young, Wallace, Ortiz Absent: None

2.

PUBLIC COMMENT There was no public comment offered. I

i At 4:04 p.m., the District Secretary announced that the Board would

convene in Closed Session to discuss Items 3A-D as listed on the agenda. Closed Session concluded at 5:49p.m.

3.

CLOSED SESSION/REPORT OUT 1 There was nothing to report out of Closed Session.

NOTHING TO REPORT

3A.I Conference with Legal Counsel- Potential Litigation

i (Government Code Section 54956.9(b)) (One Case) '

3B.I Conference with Labor Negotiator(s)

I (Government Code Section 54957.6) II Negotiator: Art Hartinger, Meyers Nave f

3C.

Unrepresented Employee: General Counsel

Public Employee Appointment (Government Code Section 54957(b)(l) Title: Interim General Counsel

3D.

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

Alameda-Contra Costa Transit District

November 12, 2012

69

Page 2 of 3

4.

ADJOURNMENT There being no further business to come before the Board of Directors, the meeting was adjourned at 5:50p.m.

Respectfully submitted,

Alameda-Contra Costa Transit District

November 12, 2012

70

Page 3 of 3

This page intentionally blank 

71

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT

MINUTES Special Joint Meeting/ Tour of Prototype Bus AC Transit Board of Directors and the Accessibility Advisory Committee AC Transit General Offices The meeting will convene in the Lobby for the tour. The remainder of the meeting will take place in the 4th Floor Conference Room. 1600 Franklin Street Oakland, CA 94612 Wednesday, November 14, 2012 at 10:00 a.m. MEMBERS OF THE BOARD OF DIRECTORS ELSA ORTIZ, PRESIDENT (WARD 3} JOE WALLACE, VICE PRESIDENT (WARD 1} GREG HARPER (WARD 2} 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 MEMBERS OF THE ACCESSIBILITY ADVISORY COMMITTEE PAMELA FADEM, CHAIR SCOTT BLANKS, VICE CHAIR JANET ABELSON LISA CUSHMAN MARINA VILLENA SHIRLEY CRESSEY JAMES ROBSON JIM GONSALVES MARGARITA DIAZ HALE ZUKAS DON QUEEN STEVE FORT HECTOR VARELA AC TRANSIT BOARD OFFICERS DAVID J. ARMIJO, GENERAL MANAGER DENISE C. STANDRIDGE, ACTING GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY Alameda~Contra

Costa Transit District

November 14, 2012 72

Page 1 of 6

SPECIAL JOINT MEETING OF THE BOARD OF DIRECTORS AND ACCESSIBILITY ADVISORY COMMITTEE President Elsa Ortiz and Chair Pamela Fadem Presiding Wednesday, November 14, 2012 at 10:00 a.m.

ACTION SUMMARY

i

I At

10:00 a.m., members of the Board of Directors and i Accessibility Advisory Committee assembled in front of the I District's General Offices to tour the Gillig forty-foot low ! floor urban transit bus prototype. 1

1.

1

BOARD/COMMITTEE MEMBERS PRESENT AT TOUR:

1

I AC Transit Board Members Present: Greg Harper, Mark

I Williams, Joel Young, Elsa Ortiz ! ! Absent: Jeff Davis, Joe Wallace, H. E. Christian Peeples i i

i Accessibility Advisory Committee Members Present:

Janet j Abelson, Shirley Cressey, Steve Fort, Lisa Cushman, James I Robson, Hale Zukas, Marina Villena, Jim Gonsalves, Don ' I Queen, Scott Blanks, Pamela Fadem 1

I Absent: Margarita Diaz, Hector Varela

11

I At

10:41 a.m., President Ortiz convened the Special Joint I Meeting. I

2.

I

I ROLL CALL/INTRODUCTIONS !

AC Transit Board Members Present: Greg Harper, Mark i Williams, Joel Young, Elsa Ortiz

1

i

I 1

Absent: Jeff Davis, Joe Wallace, H. E. Christian Peeples

I Accessibility Advisory Committee Members Present:

Janet j Abelson, Shirley Cressey, Steve Fort, Lisa Cushman, James ! Robson, Hale Zukas, Marina Villena, Jim Gonsalves, Don j Queen, Scott Blanks, Pamela Fadem

! Absent:

Margarita Diaz, Hector Varela

Alameda-Contra Costa Transit District

November 14, 2012 73

Page 2 of 6

3.

PUBLIC COMMENT

There was no public comment offered.

4.

INTRODUCTION OF PARTICIPANTS

Members of the Board of Directors and the Accessibility Advisory Committee introduced themselves. Also in attendance were General Manager David Armijo, Acting General Counsel Denise Standridge, and District Secretary Linda Nemeroff. Chief Operating Officer James Pachan and members of the Accessible Services and Operations staff l were also in attendance.

I

s. i DISCUSSION ITEMS SA. Discussion regarding the forty-foot low floor urban transit bus prototype (Handouts 1 & 2).

1Chief Operating Officer Jim Pachan provided an overview of the various requests for modifications to the bus by District departments, advisory groups and the public (Handout 1) as well as Gillig's enhancements for ADA access (Handout 2). In addition, Mr. Pachan advised that AC Transit staff had I worked with Gillig engineers to enhance the access area at i the front of the vehicle to accommodate as many customers 1 as possible. He added that a new Gen-3 ramp was installed, which provided 4 inches more flat area on top of the ramp to reduce slipping, and the new fareboxes would afford 5 inches of additional space at the access area in front of the I bus. Finally, Mr. Pachan reviewed other ramp options [ including Gen-2 and a LU-18 which is currently being tested I by the Valley Transportation Authority (VTA).

i

J

i

INFORMATION ONLY

I

i

i I I I J

Members of the Accessibility Advisory Committee offered the following comments regarding the prototype bus: Ramp Design: • The main concern was that the ramp was too steep and made boarding and alighting difficult, even dangerous. Power chairs and manual chairs had difficulty, and members of the blind community were uncomfortable with the steep slope. (Members Abelson, Zukas, Fadem,

Alameda-Contra Costa Transit District

November 14, 2012 74

! Page 3 of 6

• •









Fort, Blanks) Member Abelson said coming down the steep ramp made her chair jerk. Member Fadem said her chair went too fast on the way down and she might not be able to stop to avoid people ahead of her. Member Zukas said the ramp is best at floor level for curb boarding, while from the street it is better as is. He did not think there should be any slope inside the bus. 1 Member Fadem said she had to use the poles to pull i herself in and that wouldn't be possible for customers i who are not strong and athletic. !' Member Robson noted a slight X"- Yz" bevel at the top of I the ramp that would be difficult for walkers and people I with mobility problems. 1 Member Abelson noted that drivers should be able to 1 deploy the ramps manually in case of mechanical failure. I I

l

Technical Services Manager Stuart Hoffman said 1:4 or 1:6 ramp is the ratio of the length versus the rise. The Accessibility Advisory Committee had wanted a different 1:6 ramp, however there's not enough space to fold it into the bus. He said they were watching ramps on the market closely and at present, the Gen-3 seemed the best option. Farebox and Clipper Swipe Box: • Wheelchair users said the farebox was too high to use and the Clipper box was difficult to reach because it was blocked by the door. (Members Abelson, Fadem) • Member Fadem noted that passengers are not supposed to give their fare or Clipper card to the driver.

I

1 1

!

I

Securement Area: • Member Fadem had difficulty pulling into the securement area when there was another wheelchair passenger on the other side. She said that though her chair is small, the turning area is too tight. She was concerned about getting two wheelchairs safely in the securement area. • Member Abelson said the securement strap was too high and requested adjustable height straps. Alameda·Contra Costa Transit District

November 14, 2012

75

Page 4 of 6





Member Abelson said the knob to raise the seats should be kept in the forward position so there's no interference with the wheelchair passenger. Member Zukas asked if the bank of seats in the securement area could be made to lift up one at a time.

Space Requirements: • Many commented on inadequate space when there were competing needs such as wheelchairs, walkers, strollers and shopping carts. (Members Abelson, Blanks, Robson, Gonsalves) • Member Gonsalves said the lack of space would make the general public upset at people in wheelchairs. • Several said they would not be able to climb the steep steps to the back if there was no space in the front. (Members Blanks, Fort) • Member Cushman said if blind people were forced to sit towards the back, she wouldn't be in view of the driver who could forget to announce her stop. She also said she prefers the button to the pull cords.

I I I

I Public Comment ! ' •

I '

Mr. Wong said that he was uneasy with the steep ramp, especially going down, and that San Mateo buses have entirely flat boarding. He said street level boarding can be dangerous. • Rod Chamberlain said a large walker cannot get past the securement area, and if he sits in the securement area he will occupy 4 or 5 seats. • Sandy Bishop said she needed seating within sight of the driver as a reminder to announce her stop. • Sheila Gunn-Cushman said the Clipper box would be easier to reach on the left side. She said it was hard to pull down the side seats. She echoed the concern of others regarding stop announcements. She said she liked the Braille signage but wished it was by the door instead of behind the driver. She prefers all-door boarding. • Joyce Roy said the back door was hard to open. She said that drivers should be able to easily deploy the ramps manually and not have to crawl on the floor to do so. She also said there was no need for lights on the rear

Alameda-Contra Costa Transit District

November 14, 2012 76

Page 5 of 6

steps if they were made all bright yellow. windows on low floor buses were too high.

She said

The item was presented for information only. No action was taken. 58. Presentation of the Accessibility Advisory Committee's top priorities for 2012-13 (Handout 3).

INFORMATION ONLY

Accessibility Advisory Committee Chair Pamela Fadem presented an overview of the AAC approved priorities. She said the meeting today was a start at addressing priorities. The item was presented for information only. No action was taken.

6.

INFORMATION ONLY

BOARD/STAFF COMMENTS

! (Government Code Section 54954.2) Manager of Accessible Services Mallory Brush asked if it is still possible to make changes to the bus design. General ! Manager David Armijo said the buses were not going into production until February, and AC Transit still has 30 days to ! make adjustments to the design. He said staff would report [ back at the next AAC meeting.

i !

I Director Peeples asked if the rear doors were powered, and said if they weren't it would preclude all-door boarding. General Manager David Armijo said they were not powered but that could be looked into.

7.

I ADJOURNMENT There being no further business to come before the Board of Directors and the Accessibility Advisory Committee, the meeting adjourned at 11:32 p.m.

Respectfully submitted,

~~mrDistrict Secretary Alameda·Contra Costa Transit District

November 14, 2012

77

Page Got 6

BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT MINUTES Special Meeting of the Board of Directors/Closed Session AC Transit General Offices 2"d Floor Board Room 1600 Franklin Street Oakland, CA 94612 Wednesday, November 14, 2012 at 12:00 p.m. MEMBERS OF THE BOARD OF DIRECTORS ELSA ORTIZ, PRESIDENT (WARD 3) JOE WALLACE, VICE PRESIDENT (WARD 1) GREG HARPER (WARD 2} MARK WILLIAMS (WARD 4) JEFF DAVIS (WARDS} JOEL YOUNG (AT-LARGE) H. E. CHRISTIAN PEEPLES (AT-LARGE) Teleconference: H. E. Christian Peeples, Director At-large 68 Rue Escudier, S GG, 92100 Boulogne Billancourt, France BOARD OFFICERS DAVID J. ARMIJO, GENERAL MANAGER DENISE C. STANDRIDGE, ACTING GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY

Alameda~Contra

Costa Transit District

November 14, 2012 78

Page I of4

SPECIAL BOARD OF DIRECTORS MEETING- Elsa Ortiz, President Wednesday, November 14, 2012 at 12:00 p.m. 't'

The Alameda-Contra Costa Transit District Board of Directors held a special meeting on Wednesday, November 14, 2012.

ACTION SUMMARY

i

Prior to the start of the meeting, the District Secretary confirmed that the requirements of the Ralph M. Brown Act (Govt. Code Sections 54950, et seq.) and the provisions of Board Policy 100, Section 4.8 regarding teleconferenced meetings were met in order for Director Peeples to participate in the meeting and advised that all votes must I l be taken by roll call vote. [An affidavit verifying that the teleconference location was accessible to persons with disabilities and

i i

.

that the agenda was posted at the teleconference location at least 24 ' hours prior to the start of the meeting is attached as Exhibit A.]

i

The meeting was called to order at 12:00 p.m. 1.

ROLLCALL Present: Harper, Williams, Davis (arrived at 3:35 p.m.), Peeples, Young, Wallace (arrived at 12:20 p.m.), Ortiz Absent: None

l 2.

I PUBLIC COMMENT There was no public comment offered. At 12:01 p.m., the District Secretary announced that the Board would convene in Closed Session to discuss Items 3A-H as listed on the agenda. Closed Session recessed at 1:40 p.m. and reconvened at 3:35 p.m. Closed Session concluded at 4:50 p.m. At 5:00 p.m. the Board of Directors reconvened in open session to report out on actions taken during Closed Session. Director Young was not present for the report out.

3.

CLOSED SESSION/REPORT OUT Board President Elsa Ortiz reported on the following actions taken during Closed Session:

REPORTS GIVEN

MOTION: DAVIS/WALLACE to approve a Severance Agreement and General Release that confirms that the General Counsel Vincent Ewing is separating from his employment at AC Transit. The motion carried by the following vote: AYES:7: Davis, Wallace, Harper, Williams, Young, Peeples, Ortiz

Alameda-Contra Costa Transit District

November 14, 2012 79

Page 2 of4

The agreement was filed with and is available through the District Secretary. The following statement was issued by the Board of Directors in ! connection with the agreement:

'

"The AC Transit Board of Directors announced (today) that its General Counsel, Vincent C. Ewing, was leaving the District. Mr. Ewing's last day with the District will be December 19, 2012. The Board and Mr. Ewing reached a consensual agreement. The Board wishes Mr. Ewing well in his future endeavors."

i MOTION: WALLACE/PEEPLES to select

Ken Scheidig as Interim General Counsel starting on Monday, November 19, 2012 subject to contract negotiations. The motion carried by the following vote:

AYES:4: Wallace, Peeples, Davis, Ortiz NOES:3: Harper, Williams, Young , Acting General Counsel Denise Standridge reported on the following i with respect to existing litigation: MOTION: HARPER/WILLIAMS to approve settlement in the amount of $35,000 in the matter of Davis v AC Transit, ACSC Case No. RG11562384. The motion carried by the following vote: , AYES:6: Harper, Williams, Wallace, Young, Peeples, Ortiz ABSENT:1: Davis

i

MOTION: PEEPLES/WILLIAMS to approve settlement in the amount of $39,99S in the matter of Gibson v. AC Transit, ACSC Case No. RG09462306. The motion carried by the following vote:

! AYES:6: Peeples, Williams, Wallace, Harper, Young, Ortiz 1

ABSENT:1: Davis No other reports were given. Public Employment

3A.

1 {Government Code Section 54957) Title: General Counsel

I 3B.

1

Public Employee Appointment {Government Code Section 54957(b)(l) Title: Interim General Counsel Title: General Counsel

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3C.

i Conference with

Labor Negotiator(s)

(Government Code Section S4957.6) Negotiator: Art Hartinger, Meyers Nave Unrepresented Employees: General Counsel

3D.

Conference with Labor Negotiator(s) (Government Code Section 54957.6) Negotiator: Board President Elsa Ortiz Unrepresented Employees: Interim General Counsel

3E.

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

3F.

Conference with Legal Counsel- Existing Litigation (Government Code Section 54956.9 (a)) Bernita Davis v. AC Transit, Claim No. 10-2873, AC5C Case No. RG11562384 Cavanaugh v. AC Transit, Claim No. 08-2360, ACSC Case No. RG09446471 lung Lee v. AC Transit, Claim No. 12-0853, ACSC Case No. RG12647237 Hsu v. ACTransit, Claim No. 11-3649, ACSC Case No. RG12626769 Francisco v. AC Transit, Claim No. 11-2676, ACSC Case No. RG12617444 Bailey v. AC Transit, Claim No. 10-3260, ACSC Case No. RG11558876 Gibson v. AC Transit, Claim No. 08-2299, ACSC Case No. RG09462306 Silveira v. AC Transit, ACSC Case No. RG12625090, Claim No. 11-4161 Edwin v. AC Transit, ACSC Case No. RG12637734, Claim No. 12-1954 Harbor v. AC Transit, ACSC Case No. RG10513436

3G.

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

3H.

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

4.

ADJOURNMENT There being no further business to come before the Board of Directors, the meeting was adjourned at 5:02p.m.

Respectfully submitted,

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BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT MINUTES Regular Meetings of the Board of Directors and the Finance and Audit, Planning, Operations, and External Affairs Committees AC Transit General Offices 2"d Floor Board Room 1600 Franklin Street Oakland, CA 94612 Wednesday, November 14, 2012 at 5:00 p.m. Closed Session: 4:00p.m. (Items 7A-F) Committee meetings will commence when the Board of Directors recesses to a Committee of the Whole

MEMBERS OF THE BOARD OF DIRECTORS ELSA ORTIZ, PRESIDENT (WARD 3) JOE WALLACE, VICE PRESIDENT (WARD 1) GREG HARPER (WARD 2) 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 DENISE C. STANDRIDGE, ACTING GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY

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BOARD OF DIRECTORS MEETING- Elsa Ortiz, President Wednesday, November 14, 2012 at S:OO p.m.

ACTION SUMMARY

The Alameda-Contra Costa Transit District Board of Directors held a I regular meeting on Wednesday, November 14, 2012. i

i

! Acting General Counsel Denise C. Standridge confirmed that all I' requirements of the Ralph M. Brown Act (Govt. Code Sections S49SO, ! et seq.) and the provisions of Board Policy 100, Section 4.8 regarding i teleconferenced meetings were met in order for Director Peeples to participate in the meeting and advised that all votes must be taken by roll call vote. [An affidavit verifying that the teleconference location was accessible to persons with disabilities and that the agenda was posted at the teleconference location at least 72 hours prior to the

I

start of the first meeting is attached as Exhibit A.] The meeting was called to order at S:03 p.m.

1.

ROLL CALL I Present: Harper, Williams, Davis, Peeples, Young (arrived at S:12 ! i p.m.), Wallace, Ortiz Absent: None

2.

PUBLIC COMMENT • Jane Kramer commented on mutual trust with regard to the Board Retreat held on October 31, 2012. She complimented the Board members for listening to each other and stating their thoughts in a pointed manner. She also criticized Board members for specific statements made regarding appointments to the Parcel Tax Oversight Committee. • Carl Jones representing the Coalition of Black Trade Unionist and Oakland Branch of the NAACP spoke regarding the Bus Rapid Transit Project. He raised concerns regarding the environmental impacts of the project and the need to have community on the local hiring aspect of the project. • Reverend Daniel Buford, Allen Temple Baptist Church, commented on a memo from General Manager David Armijo responding to his complaint regarding Equal Employment Opportunity {EEO) issues. He also raised concerns about the Americans with Disabilities Act regarding the distance between bus stops and proper due diligence for environmental mitigations associated with the project.

3. MOTION: WALLACE/WILLIAMS to approve the Consent Calendar as indicated, with the exception of Item 3C which was pulled off the Consent Calendar by Director Harper to ask a question. The motion carried by the following vote: Alameda~Contra

Costa Transit District

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RECEIVED OR APPROVED AS PRESENTED

Page 2 of 14

I

I AYES:6: Wallace, Williams, Harper, Davis, Peeples, Ortiz ABSENT:1: Young 3A. Consider approving Board of Directors minutes of October 31, 2012 (special meeting).

I 3B.j Consider approving Board of Directors minutes of November 7, 2012 I '

I

I (special meeting).

'

'

3C. Consider receiving the revised Five-Year Plan for the Procurement of Buses (Report 12-237a). Director Harper pulled the item off of the Consent Calendar to inquire why the item was on the agenda since it was discussed at the prior 1 meeting. Chief Performance Officer Tom Prescott advised that there was a revision to the plan to remove the names of the manufacturers I for certain buses that have yet to be purchased.

I

1

I J

MOTION: HARPER/WALLACE to receive the revised Five-Year Plan for the Procurement of Buses. The motion carried by the following vote: AYES:6: Harper, Wallace, Williams, Davis, Peeples, Ortiz ABSENT:1: Young

I Director Young arrived at 5:12p.m. 4.

REGULAR CALENDAR RECEIVED REPORT

4A. Consider receiving quarterly Retirement Board Report (Report 12279).

I Retirement System Manager Hugo Wildmann presented the report. I

MOTION: WALLACE/HARPER to receive the quarterly Retirement Board Report. The motion carried by the following vote: AYES:7: Wallace, Harper, Williams, Davis, Peeples, Young, Ortiz I

I I

4B. ! Consider authorizing the General Manager to negotiate and execute documents related to a piggyback arrangement for the procurement of up to thirty-eight (38) 40-foot Gillig Commuter Buses (Report 12281). '

i

i'

APPROVED

There was no presentation of the staff report. 1

Director Young requested that the final negotiated contract be

i reviewed by legal counsel and brought back to the Board for review. Alameda-Contra Costa Transit District

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MOTION: HARPER/WALLACE to authorize the General Manager to negotiate and execute documents related to a piggyback arrangement for the procurement of up to thirty-eight (38) 40-foot Gillig Commuter Buses. The motion carried by the following vote: AYES:?: Harper, Wallace, Williams, Davis, Peeples, Young, Ortiz 4C. Consider recommending adoption of the following: a. Resolution No. 12-042 approving new classification specifications for Chief Planning & Development Officer and Chief Performance ! Officer; the revised classification specification for Chief Technology Officer; and new classification specifications for Director of Project l Controls & Systems Analysis and Director of legislative Affairs and Community Relations; and b. Resolution No. 12-046 approving new classification specifications for Administrative Analyst, Project Controls Administrator, Software Engineer, Telecommunications Administrator, and Equal Employment Opportunity Program Administrator (Report 12-235).

PULLED OFF AGENDA

I

The item was pulled off the agenda. 4D. Consider approving amendments to Board Policy 360 - Reserve Policies (Report 12-226a). [Amendments recommended by the

APPROVED

Finance and Audit Committee on October 14, 1011.} Chief Financial Officer lewis Clinton presented the staff report. MOTION: DAVIS/HARPER to approve amendments to Board Policy 360 -Reserve Policies. The motion carried by the following vote: AYES:6: Davis, Harper, Williams, Peeples, Young, Ortiz ABSENT:l: Wallace (out of seat) 4E. Consider authorizing the General Manager to dispose of the Districtowned property located at 3500 Seminary Avenue in Oakland through the posting and sale of the property at current fair market value (Report 12-301).

ITEM POSTPONED

General Manager David Armijo presented the staff report, noting that it was in the best interest ofthe District to sell the property. Discussion ensued as to whether the property should be used as a rental or to sell it as it does not comport with the District's Investment Policy. MOTION: YOUNG/WALLACE to authorize the General Manager to dispose of the District-owned property located at 3500 Seminary Avenue in Oakland through the posting and sale of the property at Alameda-Contra Costa Transit District

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I current

fair market value with the stipulation that any potential sale The motion failed by the following vote:

j involving an AC Transit employee be highly scrutinized.

I

AYES:3: Young, Wallace, Williams NOES:4: Harper, Davis, Peeples, Ortiz The item was postponed to a later date pending receipt of additional information regarding the rental value, the cost of property management, and a property appraisal. RECESS TO STANDING COMMITTEES (as the Committee of the Whole) The Board meeting recessed to the Standing Committees at 5:29 p.m. ALL COMMITTEES ARE ADVISORY ONLY.

A.

I

FINANCE AND AUDIT COMMITTEE- Greg Harper, Chairperson The Finance and Audit Committee convened at 5:29 p.m. Committee members were present.

All

ACTION SUMMARY

Public Comment (for items not on the agenda) There was no public comment offered. Consent Items: MOTION: WALLACE/HARPER to forward to the Consent Calendar Addenda recommending receipt with the exception of Item A-2 which was pulled off the Consent Calendar by President Ortiz for a question (7). A-1.

RECOMMEND RECEIPT

Consider recommending receipt of the FY 2011-12 Fourth Quarter and the FY 2012-13 First Quarter Board/Officer Travel and Meeting 1 ! Expense Report for Directors and Board Officers (Report 12-254).

I

A-2.

I Consider recommending receipt of the FY 2012-13 First Quarter I Employee and Non-Employee Out-of-State Travel Report (Report 12-

i 255).

I President Ortiz pulled the item off of the Consent Calendar to inquire I why 1

some of the conferences were attended by several employees. The General Manager explained that two-thirds of the travel costs were based on grant-funded projects, specifically the Bus Rapid Transit (BRT) Project. He further advised that the Federal Transit Administration had urged that staff be up to speed on Bus Rapid Transit and recommended a visit to Lane transit and various FTA trainings necessary for the project.

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MOTION: ORTIZ/HARPER to forward to the Consent Calendar Addenda recommending receipt; Director Williams- out of seat (6-0-1). A-3.

Consider recommending re_ceipt of the monthly report investments for the month of September, 2012 (Report 12-256).

A-4.

Consider recommending receipt of the FY 2012-13 First Quarter Surplus and Obsolete Materials Report (Report 12-257).

1

A-5.

f

1

on

Briefing/Action Items: Consider recommending approval of the FY 2013-14 annual budget development process and calendar (Report 12-263).

RECOMMEND APPROVAL

Chief Financial Officer Lewis Clinton presented the staff report. MOTION: WALLACE/ORTIZ to forward to the Consent Calendar Addenda recommending approval (7). A-6. i Consider recommending receipt ofthe Year-End Financial Statements and Independent Auditor's Report for the Year Ended June 30, 2012 ' (Report 12-261).

I

RECOMMEND RECEIPT

Chief Financial Officer lewis Clinton introduced the item and called upon Cory Biggs of Maze Associates to present the audit findings. Members of the Committee inquired about the following: !I • Accuracy of the audit; • Increase in claims liability of $6 million from the previous year; and • Measure VV audit; and • Special District One/District Two cost allocation. 1

MOTION: WALLACE/DAVIS to forward to the Consent Calendar Addenda recommending receipt (7). A-7.

I Consider

recommending receipt of the FY 2012-13 First Quarter 1 Financial Performance Report and recommend adoption of [ Resolution No. 12-044 amending the second year of the General 1 Fund Biennial Operating and Capital Budget for FY 2012-13 at first quarter (Report 12-262).

RECOMMEND RECEIPT AND ADOPTION AS INDICATED

[A revised resolution was provided at the meeting for the Committee's consideration.] , Chief Financial Officer Lewis Clinton presented the staff report. l

! MOTION:

ORTIZ/WILLIAMS to forward to the Consent Calendar [ Addenda recommending receipt and adoption as indicated; Director

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Page 6 of 14

I

Wallace- out of seat (6-0-1). A-8.

Consider recommending authorization of a one year extension of the I RECOMMEND current insurance broker contract with Wells Fargo Insurance APPROVAL Services USA, Inc. (Report 12-303}. :

I I

There was no presentation of the staff report.

i

Director Harper commented that he would like to have an experience study conducted by an independent third party in order to develop a strategy to better manage costs. MOTION: DAVIS/ORTIZ to forward to the Consent Calendar Addenda recommending approval (7). The Finance and Audit Committee adjourned at 6:12p.m. PLANNING COMMITTEE- H. E. Christian Peeples, Chairperson ~ The Planning Committee convened at 6:12 p.m. with Director Young presiding on behalf of Director Peeples. All Committee members were present. Director Peeples temporarily lost audio communication ' and registered his votes on the Planning Committee items after communication was restored.

B.

ACTION SUMMARY

I

Public Comment (for items not on the agenda) There was no public comment offered. Briefing/ Action Items: B-1.

Consider recommending receipt of an update on the Metropolitan Transportation Commission sponsored Comprehensive Operations Analysis (Report 12-291).

RECOMMEND RECEIPT

[A PowerPoint presentation was given at the meeting and is incorporated into the file by reference.] Director of Service Development and Marketing Robert del Rosario introduced the item and called upon Russ Chisholm from TMD to give the presentation. I

I Director Davis expressed concern over the impacts to riders on low I frequency/low ridership lines that depend on public transit to get 1 where they need to go. He added that he hoped the recommendations would not improve ridership on the urban trunk at the expense of those areas that are not as densely populated. Mr. del Rosario reported that the Tri-City/Tri-Valley study commencing within the coming months would recognize that there were separate land use and ridership patterns in Special District Two and other parts of the District.

i

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Director Wallace felt that that the study would not benefit the area of his ward in West Contra Costa County because it appeared to be more focused on improving service outside of AC Transit's service area. Director Harper commented that he would like to see a test path for ! any transition that is made. For example, he would like a scenario that 1 demonstrates where BART -centric service would work before making any major changes. Chairman Young welcomed a review of the District's service in order to find ways to improve it. He requested that staff review Board Policy 550 to ensure any changes recommended by outside consultants comport with the policy.

i

MOTION: WALLACE/WILLIAMS to forward to the Consent Calendar 1 Addenda recommending receipt; Director Peeples, no {6-1). B-2.

I

I Consider

recommending receipt of report on the routine service RECOMMEND I changes scheduled for implementation on December 16, 2012 in : RECEIPT I conjunction with the Winter sign-up (Report 12-250).

l'

I Director of Service Development and Marketing Robert del Rosario presented the staff report.

I

MOTION: ORTIZ/WILLIAMS to forward to the Consent Calendar Addenda recommending receipt (7). B-3.

l

Consider recommending authorization to issue two Requests for Qualifications: Project Administration/Project Control services and Project Design services associated with the Line 51 Corridor Delay Reduction and Sustainability Project (Report 12-297).

I

! Chief Planning and

RECOMMEND APPROVAL

Development Officer Dennis Butler presented the

staff report. Discussion ensued regarding the cost of the project and fiscal responsibility. President Ortiz commented on the appearance that grant funded projects have no fiscal restrictions, noting that it seemed like the District was hiring a lot people for various projects. While she did not want to diminish the importance of Line 51, she said that she was more interested in hiring drivers rather than consultants. Public Comment: i Joyce Roy commented that a simple solution to improving service on f Line Sla/Slb would be to make a seamless connection at the I Rockridge station. j

i

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MOTION: WILLIAMS/ORTIZ to forward to the Consent Calendar Addenda recommending approval (7). B-4.

Consider recommending receipt of the quarterly report on the East Bay Bus Rapid Transit Project for the period of July through September, 2012 (Report 12-247}.

RECOMMEND RECEIPT

BRT Program Director David Wilkins presented the staff report. MOTION: WALLACE/ORTIZ to forward to the Consent Calendar Addenda recommending receipt (7). 1

B-5.

i Consider

recommending adoption of Resolution No. 12-047 delegating authority to the General Manager, or his designee, for the I purposes of acquiring real property associated with the Bus Rapid Transit Project (Report 12-282}.

I

RECOMMEND ADOPTION

I i There was no presentation of the staff report. 1

I 1

f

Chairman Young asked if property transactions would ultimately come back to the Board for approval. General Manager David Armijo advised that final decisions on property acquisitions would come back to the Board for approval. MOTION: HARPER/WILLIAMS to forward to the Consent Calendar Addenda recommending adoption (7). The Planning Committee adjourned at 7:03 p.m.

c.

OPERATIONS COMMITTEE- Joel Young, Chairperson The Operations Committee convened at 7:03 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: C-1.

Consider recommending receipt of the quarterly Operations Performance Report for AC Transit fixed route services (Report 12251).

RECOMMEND RECEIPT

Chief Operations Officer Jim Pachan presented the staff report. Chairman Young inquired about the status of staff's analysis of the absenteeism issue and the impacts of the travel time settlement. General Manager David Armijo responded that staff was evaluating the benefits of using one category of leave for "personal time off' which is currently used by Sam Trans and would report back in the near future. Alameda-Contra Costa Transit District

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Page 9 of 14

With regard to absenteeism resulting from the travel time settlement, Mr. Armijo advised that there were some issues on pay days, but would have additional information on the true effect of the settlement at the end of the next quarter. MOTION: WILLIAMS/WALLACE to forward to the Consent Calendar Addenda recommending receipt (7). C-2.

!

Consider recommending that the General Manager be authorized to enter into a twelve-month extension of the PeopleSoft hosting agreement with a sixty-day early termination clause (Report 12-288).

RECOMMEND APPROVAL

, There was no presentation of the staff report.

I

i MOTION: WALLACE/WILLIAMS to forward to the Consent Calendar I Addenda recommending approval (7).

I

C-3.

I Consider recommending approval to issue a Request For Proposals for i fareboxes and associated equipment (Report 12-221).

RECOMMEND APPROVAL

There was no presentation of the staff report. MOTION: WALLACE/HARPER to forward to the Consent Calendar , Addenda recommending approval (7).

I C-4.

Consider recommending approval of amendments to Board Policy 180A pertaining to Miscellaneous Capital Expenses {Section V.) and direct the General Manager to implement the general amendments and the Board-selected optional amendments to Administrative j Regulation 119 pertaining to tablet computer devices (Report 12[ 269).

PULLED OFF AGENDA

' I

[ The item was pulled off the agenda and will be presented at a future I meeting. j

i The Operations Committee adjourned at 7:13 p.m.

At 7:14 p.m. The ' Board of Director briefly reconvened to discuss Item 8 on the Board agenda and recessed to convene the External Affairs Committee meeting at 7:19 p.m. President Ortiz left the meeting at 7:19p.m.

D.

EXTERNAL AFFAIRS COMMITTEE- Joe Wallace, Chairperson ·I The External Affairs Committee convened at 7:19 p.m. All Committee i members were present with the exception of President Ortiz. j

ACTION SUMMARY

i Public Comment (for items not on the agenda) I Dollene Jones congratulated all the winners of the election. She asked

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Page 10 of 14

what AC Transit was going to do if Measure B1 did not pass and why AC Transit was no longer going to have the holiday bus. Briefing/Action Items: D-1.

Consider recommending receipt of the monthly legislative report {Report 12-252).

RECOMMEND RECEIPT

[A post-election memo from the District's federal lobbyist was provided at the meeting for the Committee's information.] Director of legislative Affairs and Community Relations Beverly Greene presented the staff report. MOTION: YOUNG/WilliAMS to forward to the Consent Calendar Addenda recommending receipt (7). The External Affairs Committee adjourned at 7:21 p.m. RECONVENE BOARD OF DIRECTORS MEETING - Elsa Ortiz, President i 1 The Board of Directors meeting reconvened at 7:21 p.m. with Vice i President Wallace presiding. All Board members were present with I i I the exception of President Ortiz. j

s.

I

REPORTS OF STANDING COMMITIEES District Secretary linda Nemeroff reported that all Standing Committee agenda items had been referred to the Consent Calendar Addenda recommending receipt or approval as presented with the 1 I exception of Operations Committee Item C-4 which was pulled off the

ACTION SUMMARY

REPORT GIVEN

I

I agenda. 6.

[ CONSENT CAlENDAR ADDENDA 1 1 MOTION: HARPER/YOUNG to receive, approve or adopt the items referred to the Consent Calendar Addenda as indicated on the agenda, 1 with the exception of Operations Committee Item C-4 which was pulled 1 off the agenda. The motion carried by the following vote:

RECEIVED, APPROVED OR ADOPTED AS INDICATED

I I AYES:7: Harper, Young, Williams, Davis, Peeples, Wallace I NOES:1: Peeples (Item B-1 only) i ABSENT:1: Ortiz

I '

I The items brought before the Board were as follows: A. A-1.

I FINANCE AND AUDIT COMMITTEE:

Consider receiving the FY 2011-12 Fourth Quarter and the FY 2012-13 First Quarter Board/Officer Travel and Meeting Expense Report for Directors and Board Officers (Report 12-254). A-2. Consider receiving the FY 2012-13 First Quarter Employee and Nonj Employee Out-of-State Travel Report (Report 12-255). 1

I

I I

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A-3. A-4. A-5. A-6. A-7.

A-8.

B. B-1.

B-2.

B-3.

B-4.

B-5.

Consider receiving the monthly report on investments for the month of September, 2012 (Report 12-256). Consider receiving the FY 2012-13 First Quarter Surplus and Obsolete Materials Report (Report 12-257). Consider approving the FY 2013-14 annual budget development i process and calendar (Report 12-263). Consider receiving the Year-End Financial Statements and Independent Auditor's Report for the Year Ended June 30, 2012 (Report 12-261). Consider receiving the FY 2012-13 First Quarter Financial Performance Report and recommend adoption of Resolution No. 12-044 amending the second year of the General Fund Biennial Operating and Capital i Budget for FY 2012-13 at first quarter (Report 12-262}. i Consider authorizing a one year extension of the current insurance broker contract with Wells Fargo Insurance Services USA, Inc. (Report 12-303).

PLANNING COMMITTEE: 1 Consider receiving an update on the Metropolitan Transportation Commission sponsored Comprehensive Operations Analysis (Report 12-291). Consider receiving report on the routine service changes scheduled for implementation on December 16, 2012 in conjunction with the Winter sign-up (Report 12-250). Consider authorizing the issuance of two Requests for Qualifications: Project Administration/Project Control services and Project Design services associated with the line 51 Corridor Delay Reduction and l Sustainability Project (Report 12-297). Consider receiving quarterly report on the East Bay Bus Rapid Transit Project for the period of July through September, 2012 (Report 12247). Consider adoption of revised Resolution No. 12-047 delegating I authority to the General Manager, or his designee, for the purposes of f acquiring real property associated with the Bus Rapid Transit Project 1 (Report 12-282}.

C. OPERATIONS COMMITTEE: C-1. Consider receiving the quarterly Operations Performance Report for AC Transit fixed route services (Report 12-251). C-2. Consider authorizing the General Manager to enter into a twelve. month extension of the PeopleSoft hosting agreement with a sixty-day early termination clause (Report 12-288). C-3. Consider approving the issuance of a Request For Proposals for fare boxes and associated equipment (Report 12-221}. D. D-1.

EXTERNAL AFFAIRS COMMITTEE: Consider receiving the monthly legislative report (Report 12-252). 1

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Page 12 of 14

7.

I CLOSED SESSION/REPORT OUT I All of the closed session items provided below were agendized as part

I of the special meeting held on November 14, 2012 at Noon. Please I consult the minutes of that meeting for information on the report out of Closed Session. 7A.

Conference with Legal Counsel- Existing Litigation (Government Code Section 54956.9 (a)) Bernita Davis v. AC Transit, Claim No. 10-2873, ACSC Case No. RG11562384 Cavanaugh v. AC Transit, Claim No. 08-2360, ACSC Case No. RG09446471 lung Lee v. AC Transit, Claim No. 12-0853, ACSC Case No. RG12647237 Hsu v. ACTransit, Claim No. 11-3649, ACSC Case No. RG12626769 Francisco v. AC Transit, Claim No. 11-2676, AC5C Case No. RG12617444 Bailey v. AC Transit, Claim No. 10-3260, ACSC Case No. RG11558876 Gibson v. AC Transit, Claim No. 08-2299, ACSC Case No. RG09462306 Silveira v. AC Transit, ACSC Case No. RG12625090, Claim No. 11-4161 Edwin v. AC Transit, ACSCCase No. RG12637734, Claim No. 12-1954 Harbor v. AC Transit, ACSC Case No. RG10513436

7B.

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

7C.

Conference with Labor Negotiators (Government Code Section 54957.6): Agency Designated Representative: David J. Armijo, General Manager Employee Organizations: Local 192, ATU Local192, AFSCME, Local 3916; IBEW, Local 1245, Unrepresented Employees

7D.

Conference with Labor Negotiator(s) (Government Code Section 54957.6) Negotiator: Art Hartinger, Meyers Nave Unrepresented Employees: General Counsel

7E.

Public Employee Appointment (Government Code Section 54957(b)(1) Title: Interim General Counsel

7F.

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

8.

AGENDA PLANNING Referred to Next Board Meeting President Ortiz requested an item to recognize Denise Standridge for her extraordinary efforts to serve the Board as Acting General Counsel (Director Young concurred).

1 I

I

Director Harper requested that a Request for Proposals for a search firm for General Counsel be agendized for the next Board meeting (President Ortiz concurred).

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Referred to Planning Committee Director Young requested an analysis of Board Policy 550 (Service Standards and Design) in conjunction with the analysis of the urban core service discussed at the Planning Committee meeting (President Wallace concurred). Referred to the Operations Committee Director Wallace requested a review of the District's policy on service animals (Director Young concurred).

Director Peeples requested that the General Manager direct the Chief of Human Resources to work with the Interim General Counsel to conduct interviews with all the members of the legal staff and to conduct exit interviews of everyone who has left the legal department. He also requested that Human Resources provide the Board with suggestions for a policy on exit interviews and to what extent those interviews, and the reporting thereof, should be different if the person who exited reported directly to a Board Officer (Vice President Wallace , concurred).

! I Referred to External Affairs I Director Williams asked staff to research the process to bring a future

I California Transit Association l' (Director Young concurred). 9.

conference to AC Transit (Oakland)

I GENERAL MANAGER'S REPORT

NO REPORT

I There was nothing to report. 10.

I BOARD/STAFF COMMENTS

I (Government Code Section 54954.2) I Members of the Board commented I since the last meeting.

11.

on meetings and events attended

I ADJOURNMENT [ There being no further business to come before the Board of Directors, [ the meeting was adjourned at 7:26 p.m. The next meeting of the I Board of Directors is scheduled for Wednesday, December 12, 2012.

Respectfully submitted,

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Page 14 of 14

BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT MINUTES Special Meeting of the Board of Directors/Closed Session AC Transit General Offices 2nd Floor Board Room 1600 Franklin Street Oakland, CA 94612 Tuesday, November 27, 2012 at 6:30p.m. MEMBERS OF THE BOARD OF DIRECTORS ELSA ORTIZ, PRESIDENT (WARD 3) JOE WALLACE, VICE PRESIDENT (WARD 1) GREG HARPER (WARD 2) MARK WILLIAMS (WARD 4) JEFF DAVIS (WARD 5) JOEL YOUNG (AT-LARGE) H. E. CHRISTIAN PEEPLES (AT-LARGE) Teleconference: H. E. Christian Peeples, Director At-Large 68 Rue Escudier, 5 GG, 92100 Boulogne Billancourt, France

Teleconference: President Elsa Ortiz, Ward 3 Transversai18A, #96-30. Apartment 302 Bogota, Colombia

Teleconference: Director Jeff Davis, Ward 5 36365 5horehaven Place Newark, CA 94560

Teleconference: Director Greg Harper 5858 Horton Street, Ste 255 Emeryville, CA 94608

Teleconference: Joel Young, Director At-large llakeside Drive, Apt. 413 Oakland, CA 94612 BOARD OFFICERS DAVID J. ARMIJO, GENERAL MANAGER KENNETH C. SCHEIDIG, INTERIM GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY

Alameda·Contra Costa Transit District

November 27, 2012

96

Page 1 of 2

SPECIAL BOARD OF DIRECTORS MEETING- Elsa Ortiz, President Tuesday, November 27, 2012 at 6:30p.m.

Staff Contact or Presenter

The Alameda-Contra Costa Transit District Board of Directors held a special meeting on Tuesday, November 27, 2012. Prior to the start of the meeting, Interim General Counsel Kenneth Scheidig confirmed that the requirements of the Ralph M. Brown Act (Govt. Code Sections 54950, et seq.) and the provisions of Board Policy 100, Section 4.8 regarding teleconferenced meetings were met in order for Directors Peeples, Young, Davis, Harper and Ortiz to participate in the meeting and advised that all votes must be taken by roll call vote. {Affidavits verifying that the teleconference

locations were accessible to persons with disabilities and that the agenda was posted at each teleconference location at least 24 hours prior to the start of the meeting are attached as Exhibit A.] The meeting was called to order at 6:30 p.m. with Vice President Wallace presiding. 1.

ROLLCALL Present: Harper, Davis, Peeples, Young, Wallace, Ortiz Absent: Williams

2.

PUBLIC COMMENT There was no public comment offered. At 6:30 p.m., the Interim General Counsel announced that the Board would convene in Closed Session to discuss Item 3A as listed on the agenda. Closed Session concluded at 6:51 p.m.

3.

3A.

4.

CLOSED SESSION/REPORT OUT There was nothing to report out of Closed Session

NO REPORT

Conference with Legal Counsel- Potential Litigation (Government Code Section 54956.9(b}(l)) (One Case) ADJOURNMENT There being no further business to come before the Board of Directors, the meeting was adjourned at 6:51 p.m.

Respectfully submitted,

~--District Secretary Alameda-Contra Costa Transit District

November 27, 2012

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Page 2 of 2

Report No: Meeting Date:

T~NS/T

12-244 December 12, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

AC Transit Board of Directors

FROM:

David J. Armijo, General Manager

SUBJECT:

Accessibility Advisory Committee (AAC} Minutes of September 11, 2012 and October 9, 2012

BRIEFING ITEM RECOMMENDED ACTION(S): Consider receiving the Accessibility Advisory Committee (AAC) minutes of September 11, 2012 and October 9, 2012 EXECUTIVE SUMMARY: The Minutes for September 11, 2012 and October 9, 2012 were approved by the Accessibility Advisory Committee on November 14, 2012. BUDGETARY/FISCALIMPACT: 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 regarding the implementation and enhancement of planning programs and services for seniors and people with disabilities. The AAC consists 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 Accessibility Advisory Committee (AAC). ALTERNATIVE ACTIONS: This report does not recommend an action.

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Report No. 12-244 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 September 11, 2012

2:

AAC Minutes for October 9, 2012

Department Head Approval:

James Pachan, Chief Operating Officer

Reviewed by:

Robert del Rosario, Director of Service Development Mallory Nestor-Brush, Accessible Services Manager Kim Huffman, Accessible Services Specialist Tammy Kyllo, Administrative Coordinator

Prepared by:

99

Staff Report 12-244 Attachment 1 AAC Minutes

September 11, 2012

MINUTES REGULAR MEETING OF THE AC TRANSIT ACCESSIBILITY ADVISORY COMMITTEE (AAC) SEPTEMBER 11, 2012 Meeting came to order at 1:05 p.m. 1. Roll Call and Introduction of Guests AAC members present: Janet Abelson Scott Blanks, Vice Chair Shirley Cressey Lisa Cushman Pam Fadem, Chair Steve Fort Don Queen James Robson Hector Varela Marina Villena Hale Zukas

AAC members absent: Margarita Diaz Melissa Male (excused)

Jim Gonsalves (excused)

Staff:

Mallory Nestor-Brush, Accessible Services Manager Kim Huffman, Accessible Services Specialist Tammy Kyllo, Administrative Coordinator H.E. Christian Peeples, Board of Directors Stephen Newhouse, Transportation Planner Stuart Hoffman, Technical Services Manager

Guests:

Doug Cross Chris Mullin

2. Order of Agenda The order of the agenda was approved. 3. Approval of Minutes MOTION: Abelson/Blanks approved the July 10, 2012 AAC meeting minutes. 10 Yeas. 1 Abstention.

100

4. Review of Draft letter to Board ofDirectors/AAC 2012 Priorities MOTION: Abelson/Cressey approved the draft Letter to the Board of Directors with the following amendment: • Inserted after the 2"d set of bullet points: "At the September 11, 2012 AAC meeting, additional information regarding the new 1 :6 slope ramps was brought to our attention by consultant Doug Cross. The AAC would like to strongly express our continued concern regarding the current AC Transit contract with Gillig for the 1:6 slope front door ramp given this new information about problems that Santa Clara Valley Transportation Authority (VTA), Lane Transit, and San Joaquin Regional Transit District (San Joaquin RTD) have experienced using this new model ramp. In fact, San Joaquin RTD has now reverted to using a 1:4 slope ramp because of these problems." 11 Yeas. Motion carries unanimously. 5. Brown Act and AB1234 (Ethics) Mallory Nestor Brush, Accessible Services Manager, updated the Committee on provisions of the Brown Act, Fair Political Practices Regulations (FPPC) and Conflict of Interest rules. These topics will be a standing item on future AAC agendas. Chair Fadem asked if the entire committee could attend an AC Transit Board of Directors meeting without violating the Brown Act. Mallory replied that members of the committee could attend a Board meeting, however if 8 or more members attend, it would be a quorum and so members of the committee could not talk to one another about Committee Business. The committee commented that they are not allowed to sit together, but all wheelchairs access is in the same area. Chair Fadem restated for the record that she had asked the committee to attend the June 13 1h Board of Directors meeting or send a letter to their Board of Director regarding the front door ramp issues. Mallory also reported that the AB1234 certificate of completion needs to be updated every two (2) years. Members appointed before 2012 have until May 31, 2013 to update their certificates. New members, Scott Blanks, Lisa Cushman and Marina Villena may take the AB1234 Training on-line for free. New members should attempt to complete the course before the October 9, 2012 AAC meeting.

6. Discussion of Loop Routes and 51A/51B Stephen Newhouse, Transportation Planner, gave a brief history of route 51, which runs from Alameda to Berkeley and was split at Rockridge BART to become the 51A/51B and an overview of "loop" routes. After receiving many comments regarding the confusion of "clockwise"/"counter clockwise" as a description on loop routes, lines were renamed to add an A and B to the clockwise/counter clockwise routes respectively. Stephen opened up the discussion encouraging AAC members to voice concerns or complaints on the loops routes and the 51 A/B. Committee members commented that it's very confusing to transfer from the 51A to the 51B or vise versa. The AAC also commented that the drivers should

101

help when people have to transfer, which helps everyone, the sighted as well as the visually impaired. After a lengthy discussion, the AAC recommended that transfer stops (i.e. from the 51 A to the 51B), clockwise/counter clockwise stops, and lines with local and rapid buses (i.e. 72 & 72R) be at the same bus stop location. 7. Access Board Request for Comments Mallory Nestor Brush, Accessible Services Manager, informed the AAC that the Access Board is reopening the comment period for proposed updates to its ADA Accessibility Guidelines (ADAAG) for Transportation Vehicles to collect additional information on bus ramps. Written comments will be accepted until October 31, 2012. Mallory reminded the committee that any actions or comments generated by the AAC as a result of these discussions will need Board of Directors' approval to release/submit to the Docket for consideration.

Doug Cross, Independent Consultant, shared his submitted correspondence to the Access Board and discussed the issue with the Committee. The new 1:6 ramp design has two core ISSUes:

• The fixed slope of the interior portion of the ramp is too steep and creates a hazardous transition from both the bus floor and the outer (folding) ramp section when entering or exiting. • The interior slope is too close to the vestibule area flat floor, where it causes conflicts with the wheelchair turning and payment of fares. Doug Cross noted that on the original ramp design, with part of the slope built into the bus floor, the slope was approximately 1:5 in total when deployed to the roadway surface. However, its interior sloped section had an angle of 1:8 to 1:9 when kneeled. The new 1:6 overall ramp designs make the interior section steeper at approximately 1:6. For this reason, some agencies are switching back to the 1:4 ramp design in new vehicles purchased. Stuart Hoffman, Technical Services Manager, stated that the contract calls for 65 new buses. The pilot bus will be available to view in November 2012. The rest of the buses are scheduled to be added to the fleet in February 2012. MOTION: Abelson!Varela approved staff to draft a letter to the US Access Board Docket Clerk using comments from January 2012 AAC minutes and submit it to the AC Transit Board of Directors with a request to approve and forward to the Access Board before the October 31, 2012 comment deadline period. 11 Yeas. Motion carries unanimously.

102

8. Discussion of White Cane Day (October 15, 2012) Activities Staff will email AAC Members information regarding White Cane Day. 9. Board Liaison Report Director Peeples reported that AC Transit held a Job Fair on August 25 1h at the Training and Education Center (TEC) in Hayward specifically to recruit bus operators. Over 750 applicants showed up to the successful event. 10. Review of Lift/Ramp Road Call Report Mallory Nestor Brush, Accessible Services Manager, reported that from July 1, 2012August 18, 2012, there were 37 lift/ramp road calls. Ofthese 37, 11 were chargeable, or had mechanical issues. 11. Review of MCI Fleet Lift Report and Wheelchair Lift Cycling Report - MCI (6000 Series) Mallory Nestor Brush, Accessible Services Manager, reviewed the MCI Fleet Lift Report and Wheelchair Lift Cycling Report, which is a result of the settlement agreement regarding MCI fleet maintenance and pre-trip lift/ramp cycling by operators. The Independent Monitor's final report, for the period ending June 30, 2012, has been completed. The AAC will continue to review the MCI Fleet Lift Report and Wheelchair Lift Cycling Report on the MCI report until February 2015. 12. Service Review Advisory Committee (SRAC) Report Janet Abelson reported that she was elected Chair and Don Queen was elected Vice-Chair; the East Bay Paratransit performance report for FY 11112 compared to FY 10111 was very consistent; and results from the 2012 Customer Satisfaction Survey were received and were positive. 13. ACTC PAPCO Report None. 14. Chair's Report None. 15. Public Comments None. 16. Transit Correspondence This is an informational item for the committee. 17. Member Communications and Announcements Steve Fort reported that his friend has been unable to get appropriate directions on 511. Mallory requested Steve to have his friend call staff to assist. 18. Staff Communications and Announcements None.

103

19. Set Next Agenda & Meeting Date The next AAC Meeting will be held Tuesday, October 9, 2012 at 1:00pm on the 2nd floor of 1600 Franklin Street. Agenda items include Review of the Independent Monitor's Report and MTC Coordinated Plan. Future agenda item to include discussion on the BRT. 20. Adjournment The meeting adjourned at 4:23 pm.

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105

Staff Report 12-244 Attachment 2 AAC Minutes

October 9, 2012

MINUTES REGULAR MEETING OF THE AC TRANSIT ACCESSIBILITY ADVISORY COMMITTEE (AAC) OCTOBER 9, 2012 Meeting came to order at 1:02 p.m.

1. Roll Call and Introduction of Guests AAC members present: Lisa Cushman Pam Fadem, Chair Steve Fort Don Queen James Robson Marina Villena Hale Zukas AAC members absent: Janet Abelson (excused) Shirley Cressey (excused) Jim Gonsalves (excused) Hector Varela (excused)

Scott Blanks, Vice Chair (excused) Margarita Diaz (excused) Melissa Male (excused)

Staff:

Mallory Nestor-Brush, Accessible Services Manager Kim Huffman, Accessible Services Specialist Tammy Kyllo, Administrative Coordinator H.E. Christian Peeples, Board of Directors

Guests:

Cindy Dahlgren Jennifer Yeamans Jerry Grace Chris Mullin

2. Order of Agenda The order of the agenda was approved. 3. Approval of Minutes Due to a lack of quorum, approval of the September 11, 20 12 AAC meeting minutes have been moved to the November AAC meeting. 4. Discussion of Independent Monitor's Third and Final Report Cindy Dahlgren, Independent Monitor (IM), shared that she retired in 2010 from County Connection (CCCTA) and has over 35 years of experience in transportation. The IM's

106

first report was based on site v1s1ts to the Hayward, Richmond, and East Oakland Divisions as well as the Training and Education Department. The second report focused on training, the Accessibility Advisory Committee (AAC), and Customer Service complaints. The third and final report covers the period of January I, 2012 through June 30, 2012. Cindy Dahlgren stated that the specific terms and conditions of the agreement include that AC Transit must demonstrate that all wheelchair lifts on MCI buses are in operating condition, operators cycle lifts daily during pre-trip inspections, seat tracks are cleaned daily, problems are documented, appropriate maintenance personnel is scheduled, and defective equipment is replaced. Cindy Dahlgren reported some improvements to the system: • Implementation of the Wheelchair Exception (No Lift Cycled) Report has significantly increased the number oflifts being cycled daily. • Institution of a practice of random cycling of lifts at the San Francisco Transbay Terminal to document that they are in good working order. • A new Lift/Ramp Maintenance Checklist for the maintenance of lifts and ramps has been developed and regularly used. • Operator training now includes more "soft" skills regarding the ADA and communication with people with disabilities. An area that requires improvement is in the follow up with operators regarding both failure to cycle lifts during the pre-trip inspections and resolution of ADA complaints. Supervisors are required to issue a (Request for Conference (RFC) and meet with the operator to resolve the issue. ADA complaints are to be settled within I 0 days; there is no evidence that this is being enforced. Mallory Nestor Brush, Accessible Services Manager, informed the AAC that the Settlement Agreement runs through February 2015.

5. MTC Coordinated Plan Update Jennifer Yeamans, Metropolitan Transportation Commission (MTC) Staff, informed the AAC that MTC is currently updating the Coordinated Public Transit-Human Service Transportation Plan for the nine Bay Area counties. The goals of the Coordinated Plan are to identify transportation gaps for seniors, persons with disabilities, and persons of low income; prioritize solutions to address those gaps; and identify strategies for improving coordination between public transit and human service transportation providers. Jennifer announced that the 2007 Coordinated Plan (including executive summary) is available online at the following link: http://www.mtc.ca.gov/planning/pths/. MTC staff is requesting input/comments from the AAC regarding specialized transportation needs and programs. AAC members may also submit comments and questions about the Coordinated Plan Update to MTC staff by emailing Jennifer Yeamans at [email protected]. MTC will also advise AAC members of how they can be involved in the Coordinated Plan Update process as it continues into early 2013.

107

6. Board Liaison Report Director Peeples reported on the Alameda County Health Department study on Health Impact Assessment (HIA) in Alameda County. The study provides connections between access to AC Transit and health services in Alameda County with a focus on vulnerable populations with low transit access. Director Peeples commented that there were inadequate outreach/comments from the disabled community. Director Peeples recommended that a representative from the HIA study come to a future AAC meeting. 7. Chair's Report Chair Fadem encouraged each member of the AAC to read the article, "New AC Transit GM Shakes Things Up", from the September 6th issue of the East Bay Express. Staff will email the article link to the AAC Members. Chair Fadem requested Staff to send out to each AAC member the approved April 2012 AAC minutes as received and accepted by the Board of Directors, as well as an excerpt from the Discussion of Bus Procurement and Ramp Placement at that meeting. Staff was also requested to attach the link to the Access Board for submitting individual comments. 8. Brown Act and AB1234 (Ethics) Most ACC Members have completed the AB1234. Staff will send out reminders to members who have not completed the AB1234 certificate as a reminder to complete the training by November 30, 2012. 9. Review of Lift/Ramp Road Call Report Mallory Nestor Brush, Accessible Services Manager, reported that from August 19, 2012September 29, 2012, there were 29lift/ramp road calls; 9 of which were chargeable, or had mechanical issues. 10. Review of MCI Fleet Lift Report and Wheelchair Lift Cycling Report - MCI (6000 Series) Mallory Nestor Brush, Accessible Services Manager, reviewed the MCI Fleet Lift Report and Wheelchair Lift Cycling Report, which is a result of the Settlement Agreement regarding MCI fleet maintenance and pre-trip lift/ramp cycling by operators. The AAC will continue to review the MCI Fleet Lift Report and Wheelchair Lift Cycling Report on the MCI report until February 2015. 11. Service Review Advisory Committee (SRAC) Report Don Queen reported that East Bay Paratransit will start making automated trip reminder call to consumers the night before and the day of a scheduled trip with the implementation of the Interactive voice Response (IVR) system.

108

12. ACTC PAPCO Report Hale Zukas reported the AC Transit New Freedom Fund Grant Extension was approved by the committee for the Paratransit Inventory Study. 13. Public Comments None. 14. Transit Correspondence This is an informational item for the committee. 15. Member Communications and Announcements None. 16. Staff Communications and Announcements None. 17. Set Next Agenda & Meeting Date The Joint Board ofDirectors/AAC Meeting will be held on Wednesday, November 141\ at 10:00 am at the General Offices to review the Prototype Bus. The regular AAC meeting will immediately follow the Joint meeting. Agenda items include a Discussion/Review on Joint Meeting, and Review of the Quarterly Complaints. 18. Adjournment The meeting adjourned at 3:05pm.

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Staff Report 12-246

Approved Minutes Special Meeting of the AC TRANSIT RETIREMENT BOARD October 9, 2012

ROLLCALL

Chair Lewis called the meeting to order at 12:31 PM Members Present: Lewis Clinton, John Rennels, Vice Chair Yvonne Williams, and Chair Jeffrey Lewis -4 Members Absent at Roll Call: None Members Absent: Joyce Willis -- I Also Present: Hugo Wildmann, Retirement System Manager; Adelle Foley, Retirement System Administrator; Russell Richeda, Legal Counsel; H.E. Christian Peeples, District Board Liaison; David Armijo, AC Transit General Manager; Ed Nash, Vice President ATU Local192; Carolyn Smith NEPC; Frank Barbarino, Siddique Haq and Antolin Garza NEPC, by phone; Matt Kadnar and John Allen, GMO, by phone; Neelam Naidu and Vanessa Smith AC Transit Legal Department. PUBLIC COMMENTS

None CONSENT CALENDAR MOTION: RENNELS/WILLIAMS to adopt the Consent Calendar. (4-0-0-1)

Ayes: Noes: Abstain: Absent:

Members Clinton, and Rennels, Vice Chair Williams, and Chair Lewis -- 4 None None Member Willis -- I

APPROVED A. Approval of Minutes for September 13, 2012. APPROVED B. Approval of Financials for August 2012 APPROVED C. Approval oflnvoices in the Amount of$109,013.51 APPROVED

110

AC Transit Retirement Board October 9, 2012 D. Approval of Retirements for November 2012: I. Tom Coffiand

2. Jan White 3. Gregory Ford 4. Joyce Jacobs

#1098 #41069 #60903- Term Vested #32516- Term Vested

APPROVED

REGULAR CALENDAR E. Approval of Retirements for October/November 2012: I. Charles Duncan

#30206

Recommendation: To approve Charles Duncan, Badge #30206, for a Service Retirement The approval should be contingent upon completion of his effective November I, 2012. paperwork, including his benefit option form, prior to the end of October. 2. Alvaro Rodriguez

#1013

Recommendation: To approve Alvaro Rodriguez, Badge #I 013, for a Service Retirement The approval should be contingent upon completion of his effective November 1, 2012. paperwork, including his benefit option form, prior to the end of October. 3. Robert Scott

#30968

Recommendation: To approve Robert Scott, Badge #30968, for a Service Retirement effective October I, 2012. The monthly benefit he will receive could change once the Board makes a decision on the issue of what is pensionable income for ATU officers. 4. Chantel Vaughn

#30641

Recommendation: To approve Chantel Vaughan, Badge #30641, for a Service Retirement effective October 1, 2012. 5. Cathleen Wadhams

#41209

Recommendation: To approve Cathleen Wadhams, Badge #41209, for a Service Retirement effective October I, 2012. 6. Altermese Budd

#30875

Term Vested

2 111

AC Transit Retirement Board October 9, 2012 Recommendation: To approve Altermese Budd., Badge #30875, for a Term Vested Retirement effective October I, 2012. 7. Jean Li

#41445

Term Vested

Recommendation: To approve Jean Li, Badge #41445, for a Term Vested Retirement effective The approval should be contingent upon completion of her paperwork, November 1, 2012. including her benefit option form prior to the end of October. MOTION: RENNELS/CLINTON to approve staff recommendations for retirements I through 7 under Agenda Item E. (4-0-0-1)

The Board congratulated retiree Tom Coffland for 36 years of service, retiree Alvaro Rodriguez for 32 years of service, and retiree Chantel Vaughan for 26 years of service. F. Retroactive Benefits for Term Vested Retiree Paige Smith Adelle recalled that the Board had approved Paige Smith, #31253, for a Term Vested Retirement effective September I, 2012 at the September 2012 meeting, and agreed to review the possibility of a retroactive payment at the October meeting. She referred to Counsel Richeda's October 9, 2012 memorandum, regarding the effective date of benefits for deferred vested retiree, Paige Smith, which addressed the question of whether his benefits should begin on April 2011, the month after his 55th birthday. It was mentioned that the passport for Mr. Smith showed he was out of the country for a great deal of the period he was eligible to receive benefits. Counsel Richeda recommended that the Board accept a reading of section 3.4 of the Retirement Plan that permits the Board to make payments retroactively back to the first date that the deferred vested retiree was eligible to receive such payments. He cited past practice in these situations and the judicial mandate that the provisions of a retirement plan are to be liberally construed. MOTION: RENNELS/WILLIAMS to award Mr. Smith benefit payments retroactive to April 20 II (4-0-0-1)

(Several Agenda Items were taken out of order to accommodate outside presenters and to enable nonBoard members to join in the discussion of selected items.) (AC Transit General Manager David Armijo joined the Board for Agenda Items 0, RandS.) R. Notification of Appointment by A TU of Board Members for Gardner Matter S. Update on Determination of Pension Benefit for Former Union Officer James Gardner Hugo referred to the email from District Secretary Linda Nemeroff dated October 4, 2012 transmitting a letter from ATU Local 192 President and Business Agent, Yvonne Williams temporarily appointing Shop Stewards Wendy Steve and Trevor Pacheco to the AC Transit Retirement Board for the limited purpose of consideration of James Gardner's request for recalculation of his retirement benefit. These documents were included in the Board Package.

3 112

AC Transit Retirement Board October 9, 2012

Hugo told the Board that there had not been sufficient time under the Brown Act between receipt of the AC Transit General Counsel's position on the temporary appointments, and the Board Meeting, to agendize the AC Transit General Counsel's position on Ordinance #I 0 Pertaining to ATU Appointments to the Retirement Board. Counsel Richeda recommended that this item be placed on the November 2012 agenda. Vice Chair Williams said that ATU had not been formally notified of the General Counsel's position. Chair Lewis expressed his hope that action on Mr. Gardner's pension would not be delayed much beyond the December target date and asked that the time line be taken up again in November. Member Clinton noted that issues such as AB 340 were competing for attention with a January 2013 implementation date. When asked if she wished to comment, Neelam Naidu of the General Counsel's office said that she had nothing to add. (Carolyn Smith ofNEPC joined the Board for discussion of Agenda Items G through N.) H. Investment Performance and Asset Allocation

Carolyn explained that the October meeting occurred too early for preparation of the September 30 Flash Report. She noted that the S&P 500 was up more than 2% in September, and Dodge & Cox gained 3.2% during the month, 18.9% year to date, and 33.1% over the preceding year. Chair Lewis commented that he was glad that the Board had stayed with Dodge & Cox. Carolyn added that Sands was up almost 3 percent during September and 7.21% over six months. Hugo distributed the Preliminary Asset Allocation Sheet, updated on October 8, 2012. He told the Board that he expects to complete the transition to fixed income credit managers by the end of October. Among Real Estate managers, Westport had notified him that it will be drawing down additional funds in early November, JP Morgan is funded and UBS would be funded early in 2013. The Board is discussing placing funds with Private Debt managers. (Matt Kadnar and John Allen of GMO joined the Board for Agenda Item G by phone.) G. Presentation by Global Asset Allocation Manager GMO Hugo recalled that the Board had invited all three Asset Allocation (GAA) managers to make presentations. BlackRock and PIMCO's presentations were at an earlier meeting. He told the Board that GMO has a value orientation and believes in reversion to the mean. Carolyn mentioned that GMO is more conservative than BlackRock. Chair Lewis called a recess at I :04 PM The meeting reconvened at I: I 0 PM

4 113

AC Transit Retirement Board October 9, 2012 Hugo introduced Matt Kadnar, a member of GMO's asset allocation team (from Boston) and John Allen, client relationship manager (from Berkeley). They joined the meeting by phone. Chair Lewis asked that in the future GMO have a representative present at the Board meeting even if the other representative joins the discussion by phone. The GMO team spent about one half hour explaining their firm's approach to investing, and discussing their portfolio, performance, strategy and outlook. Carolyn asked how GMO manages the Global Balance Strategy. John told the Board that assets under management were at about the same level as a year ago. Hugo pointed out that by contrast, the market was up about 12%. John explained that some clients had switched to passive management, and the fund had underperformed its benchmark. In addition, he stressed that GMO expects to do less well in an up market and his firm is positioned to do well in the future. Matt added that GMO seeks to preserve capital, focuses on the long run, and provides a smoother ride. His firm's objective is to exceed the benchmark by 2-3% over a full market cycle. Looking ahead, he expressed concern about Europe, China, and the fiscal cliff in the US. He mentioned that the cash like investments provided capital that could be deployed if markets dropped and presented what GMO viewed as a buying opportunity. The Board thanked the GMO representatives for their presentation. Chair Lewis called a recess at I :45 PM The meeting reconvened at I :54 PM 0

AB 340 Implementation Hugo referred to his memorandum regarding AB 340, Counsel Richeda's memorandum of September 5, 2012 and his update of October 4, 2012, and District Board Policy 170, which outlines the required steps to amend the Retirement Plan. Hugo reported that he and Counsel Richeda had met with AC Transit General Manager, David Armijo, Member Clinton, and AC Transit Chief Performance Officer, Tom Prescott, to discuss the status and implementation of AB 340. They focused on the implementation date of January I, 2013, the needed deductions from new employees' paychecks, the question of paying interest and the need for an amendment to the Retirement Plan. David Armijo mentioned that he thought the meeting was productive. He said it was important going forward to share information. He added that the District Board had asked an outside counsel to look at AB 340 and the Tier 2 plan. He hoped to have a Plan Amendment ready by November In the interim the District and Retirement System would work to identify outside vendors to help with the new requirements as well as implementation. Chair Lewis offered to ask his colleagues for their recommendations of such vendors. Hugo mentioned that he is a bit more pessimistic about the timing of the completion of the Plan Amendment.

5 114

AC Transit Retirement Board October 9, 2012 Vice Chair Williams said that all stakeholders should be at the table at the ground level. David Armijo noted the need to move forward quickly due to the short implementation period. (Frank Barbarino, Siddique Haq and Antolin Garza NEPC, joined the discussion of Agenda Items I through K by phone.) I.

Hedge Fund Operational Due Diligence Hugo summarized the history of the Board's education regarding Hedge Funds. He noted that the Board began looking at Private Debt with the expectation that the investment would be in a mutual fund type structure. NEPC suggested the Hedge Fund as the best structure to get into Private Debt. Originally the Board was most likely going to invest in Hedge Funds through a fund-of-funds structure. Now the Board is looking at hedge funds not because NEPC thinks we should add the asset class "hedge funds" at the moment but because a hedge fund structure offers the best opportunity to invest in private debt. After Frank discussed Opportunistic Credit the Board invited Beach Point and Tricadia to make presentations. Both of these managers employ the Hedge Fund structure. The Board then asked for information on operational due diligence. In her overview of operational due diligence Carolyn told the Board that discussions of risk often consider investment risk and rarely operational risk. However, when investing in unconventional structures, operational risk, such as counterparties, leverage, liquidity and fraud is most important because assets are held at prime brokers and controlled by the Hedge Fund. Most Hedge Fund closures result from operational issues not bad choices of investments. Counsel Richeda noted the importance of operational risk in his mind. Chair Lewis cited such red flags as lack of an independent custodian, and an audit firm that is small, is really a shell or is in an obscure location, and asked how to research these issues. Carolyn referred to the NEPC's Hedge Fund Operational Due Diligence Overview, included in the Board Package. The overview spelled out NEPC' s approach to due diligence, the steps that they take, including the importance of establishing a positive relationship with the manager, their questionnaire topics, their research into the location of assets, their background checks, and the importance of references of the prime brokers and auditors. Frank described the key role ofthe prime broker and NEPC's evaluation, which is more detailed and inclusive in the case of Hedge Fund managers. Chair Lewis remarked that the Board would rely on NEPC, which supports alternative investments, and has expertise in this area. Frank referred to red flags, and the process of raising questions and getting answers. He discussed the challenge of anticipating potential issues rather than fighting last year's battles. Frank told the Board that despite the trend to increasing transparency reporting requirements are softer than for other investments, information lags, and some involve nondisclosure agreements. Carolyn addressed the possibility of investing in a fund of funds to mitigate the risk. She mentioned that she did not believe a fund of fund that invested only in private debt existed. Chair Lewis called a recess at 3:04 PM 6 115

AC Transit Retirement Board October 9, 2012

The meeting reconvened at 3:20PM J. Hedge Fund Structure in Private Debt Carolyn and Frank discussed the differences between Hedge Funds and Private Equity. Carolyn explained that Hedge Funds are locked up for one year, up to two to three years, and focus on the liquid part of capital markets. Private Equity funds are locked up from two to 12 years and have a far longer perspective. Hedge Funds take advantage of price volatility -- due to such issues as uncertainty about Iran -- to generate trading gains. They are continuously in the market raising money. Private Equity funds open and close periodically. K. Review of Private Debt Managers

Next, Carolyn and Frank turned to the two Hedge Funds that had given presentations at earlier meetings. Beach Point invests in high-yield corporate credits rated below BBB in the secondary market. They provide liquidity by purchasing corporate loans that banks originate with an intention to syndicate, from dealers. They also buy bonds and loans of companies under financial stress. Tricadia sees the world through the lens of bond proprietary trading desks, using their own balance sheet. They invest in stressed and distressed companies. Many of their staff have a legal background. They invest in corporates, derivatives and securitized credits, developing structured credit vehicles. They evaluate underlying companies and price securities independently. They do not trade every day. Carolyn suggested that the Board include two other Private Equity managers -- Apollo and Orchard - in their education, to provide information on these funds, which involve long lock-up periods and investments of a finite period. In this way, the Board could understand the choices, and decide which approach they prefer. Hugo asked for a summary on each manager before hearing from them. Frank told the board that Apollo may be closed for investments at this time. The Board thanked Frank for his presentation. L. UBS Real Estate Investment Agreement & Retention ofTom Hickey

Counsel Richeda recalled that the Board planned to invest in UBS early in 2013. He noted that UBS is a complicated limited partnership and suggested that the Board send the UBS contract and side letter to outside counsel Tom Hickey- who is a specialist on these issues-- for review. MOTION: RENNELS/WILLIAMS to authorize Hugo and Counsel Richeda to retain Tom Hickey to review and negotiate a side letter with UBS for a fee of up to $10 thousand. (4-0-0-1)

M. NEPC Work Plan for 2012

7 116

AC Transit Retirement Board October 9, 2012 Carolyn suggested that the Board continue the discussion of Private Equity investments m November and ask Apollo and Orchard to make presentations. N. Calendar for 2012 and 2013 Board Meetings Hugo told the Board that he would take another look at the calendar proposed for 2013 and send an updated version to the Board by email before the November meeting. P. Semi-Annual/Quarterly Retirement Board Report to the District Board Hugo told the Board that the District Board had asked for quarterly reports rather than semi-annual reports. He referred to the draft quarterly report, included in the Board Package. The Board suggested that Hugo add a reference to the actuarial assumption of 7.5% to the material on investment results. Chair Lewis will sign the report. Q. Joint Meeting Recap The Board agreed that the joint meeting with the District Board had gone well. Director Peeples concurred. Vice Chair Williams commended the Retirement System presenters - Counsel Richeda, Bob McCrory and Hugo for doing a good job. T. 2012 Benefit Statements and Employee Letter

V. ATU Workshop Hugo reported that the Benefit Statements had been mailed and staff had already answered some questions from employees. The ATU workshop will be held on November 3. Hugo welcomed a request by Kaiser to present information at the workshop. In response to Vice Chair Williams' request Hugo agreed to distribute larger posters to publicize the workshop. U. Referral of Investment Manager W. Website Nothing to report. X. AB 1234 Training- Russ Richeda

The Board agreed to meet at 8:30 AM on November 9 to continue AB 1234 training. There is another hour of training left to complete this year. Y. Retirement System Manager Report

1. Report on Administrators Institute Hugo reported discussion of AB 340, what it includes and how to implement the new legislation. 2. Report on Benefits Roundtable Adelle reported on discussion of AB 340, insurance exchanges, and payment on a debit card.

8 117

AC Transit Retirement Board October 9, 2012

Director Peeples reported on the high-level presentation regarding the California budget and pensions that he attended at the Institute of Governmental Studies. He will forward a link to material from the conference. Z (CLOSED SESSION) I) Matters Relating to Personnel: Disability Applicants' and Disability Retirees' Medical Records (Government Code Section 54957; 65 Ops. Cal. Atty. Gen. 412 (1982) a. Ansar Muhammad - Occupational Disability b. Mark Naylor- Total and Permanent Disability 2) Matters Relating to Pending or Threatened Litigation a. Conference with Legal Counsel- (Government Code Section 54956.9(a)): 1) Diana Starnes- Appeal of Denial of Total and Permanent Disability Application 2) (RESUME OPEN SESSION) The Board did not go into Closed Session. PENDING ITEMS FOR DISCUSSION

None STAFF COMMENTS

None RETIREMENT BOARD COMMENTS

None ATTORNEYS' REPORT

None ADJOURNMENT MOTION: WILLIAMS/CLINTON to adjourn. (4-0-0-1)

The Board adjourned its meeting at 4:25P.M.

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119

-AI

Report No: Meeting Date:

12-311 December 12, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

AC Transit Board of Directors

FROM:

David J. Armijo, General Manager

SUBJECT:

Updates to Prototype Bus

BRIEFING ITEM RECOMMENDED ACTION(S): Consider receiving an update on implementation of suggestions provided by the Accessibility Advisory Committee (AAC) regarding the prototype bus. EXECUTIVE SUMMARY: Based upon suggestions from the AAC on the prototype Gillig bus, staff worked with Gillig to implement several changes for our new bus fleet. The bus manufacturer accommodated these changes outside of their normal process for ordering subcomponents, since subcomponent orders must be in place well in advance of bus production. Due to this lead time requirement, Gillig informed the District that no additional change requests could be considered after December 7, 2012. A summary of the changes are as follows: •

The buses will be equipped with a 1:4 ramp to eliminate the slope inside of the bus and to allow easier access into the bus.



The manufacturer will move one center facing seat from the front of the wheelchair securement area to the area behind the wheelchair securement area, which will reduce the number of seats impacted with two wheelchairs secured in the bus.



The seat flip up lever will be moved to the forward section of the seat.



The seat manufacturer has changed the locking mechanism for the flip up seats so that the seats can flip up without pulling the lever below the seat.



The manufacturer will be able to provide additional isle width by moving both the wheelchair securement seats and the center facing seats closer to the wall, while still providing a safe distance from the wall to prevent injuries.



The seat manufacturer will move the wheelchair stop request button rearward for easier accessibility on the curb side.

120

Report No. 12-311 Page 2 of4 •

Additional yellow edging will be added to the perimeter oft he step area to increase visibility.



Operator controlled power rear doors will replace the push type rear doors on the prototype bus.

BUDGETARY/FISCAL IMPACT: Projected cost of the modifications to the sixty-five Gillig buses is $94,575 ($1,455 per bus), which is primarily due to additional cost for the 1:4 ramp, operator controlled power rear doors, and changes to the seating configuration. The additional cost for the modifications will not exceed the Board approved budget for the Gillig buses; therefore, no additional Board funding allocations are required for these changes. BACKGROUND/RATIONALE: A joint meeting of the AC Transit Board of Directors and the Accessible Advisory Committee (AAC) was held on November 14, 2012. The AAC provided a letter to the Board on November 16 recommending changes to the design of the bus. The Technical Services staff worked with Gillig to review the recommendations and identify any changes that could be implemented for the new buses. Ramp The AAC indicated the incline inside of the bus on the 1:6 ramp was too steep and suggested consideration of not having any slope inside of the bus. Technical Services reviewed the options available for wheelchair ramps. The 1:6 ramp was originally recommended by the Accessibility Manager to meet proposed future ADA guidelines; however, it was later discovered that there were some reports from other transit agencies about the slope protruding too far inside of the bus. To address this problem, Lift-U developed a new 1:6 ramp for testing by AC Transit on the prototype bus that moved the slope 4" closer to the door to try to address this problem. Since the slope inside of the bus continued to be a problem, Technical Services reviewed the only other options available, which are the Lift-U LU18 prototype being tested at VTA and the 1:4 ramp currently being used on other AC Transit buses. Since the LU-18 ramp has a slope inside of the bus when the ramp is deployed to the street, the experience entering the bus is expected to be similar to that of the 1:6 ramp. In addition, the VTA staff reported that the LU-18 required repeated adjustment to perform correctly, which could have an impact on the reliability of the ramp. Finally, the LU-18 is not scheduled for production until at least the second quarter of 2013, so it would not be available for the Gillig bus production even if these problems were corrected. 121

Report No. 12-311 Page 3 of4 Based upon the results of this analysis, the District has directed Gillig to install a 1:4 ramp in buses being manufactured as part of the current bus procurement. The use of the 1:4 ramp will eliminate the slope inside of the bus in accordance with the suggestion from the AAC. Seating I Securement The AAC indicated that consideration should be made to reducing the number of seats impacted when two wheelchairs are secured in the bus. Technical Services worked with Gillig and the seat manufacturer to move one center facing seat from the front of the wheelchair securement area to the area behind the wheelchair securement area, which will reduce the number of seats impacted with two wheelchairs secured in the bus. The new seating configuration will have 29 seats available with two wheelchairs secured in the bus rather than the 28 seats with the former configuration. Technical Services worked with Gillig to accommodate several other seating suggestions. The manufacturer will be able to accommodate the suggestion to move the seat flip up lever to the forward section of the seat. The manufacturer will be able to provide some additional aisle width by moving both the wheelchair securement seats and the center facing seats closer to the wall, while still providing a safe distance from the wall to prevent injuries. The seat manufacturer has changed the locking mechanism for the flip up seats so that the seats can flip up without pulling the lever below the seat. The seat manufacturer can move the wheelchair stop request button rearward for easier accessibility on the curb side as requested. Back of the Bus Additional yellow edging will be added by Gillig to the perimeter of the step area to increase visibility. The outer edge on each step tread meets the ADA guidelines required for contrast and passenger safety, and with the addition of step lighting, Gillig has found that this configuration reduces passenger injuries. The District selected the push doors to improve reliability and reduce rear door roadcalls; however, the suggestion to include operator controlled power rear doors will

be

accommodated to address the concern about the difficulty for opening the push type rear doors. Summary The District Technical Services staff was able to address several suggestions of the AAC to improve the access onto the new buses. A few of the suggestions conflicted with suggestions from other customers or could not be accommodated by the bus manufacturer. However, staff believes that the new buses with the modifications will satisfactorily meet the needs of all of the AC Transit district customer base.

122

Report No. 12-311 Page 4 of 4 The bus manufacturer accommodated the changes requested by the District outside of their normal process for ordering subcomponents, since subcomponent orders must be in place well in advance of bus production. Due to this lead time requirement, Gillig informed the District that no additional change requests could be considered after December 7, 2012.

ADVANTAGES/DISADVANTAGES: The advantages of implementing the modifications to the new Gillig buses is that the buses will better meet the needs of all our customers. The disadvantages are related to the additional cost for the new buses; however, the benefits to our customers justify this additional cost.

ALTERNATIVE ACTIONS: No alternative actions available at this time.

PRIOR RELEVANT BOARD ACTIONS/POLICIES: There are no prior relevant Board Actions associated with this report.

ATTACHMENTS: 1:

Letter from AAC to AC Transit Board of Directors (dated November 16, 2012)

Approved by:

James D. Pachan, Chief Operating Officer

Reviewed by:

Ken Scheidig, General Counsel Lewis Clinton, Chief Financial Officer

Prepared by:

Stuart Hoffman, Manager, Technical Services

123

SR 12-311 Attachment 1

November 16,2012

AC Transit Board of Directors 1600 Franklin Street Oakland, CA 94612 RE: Prototype Bus

The Accessibility Advisory Committee (AAC) toured the Prototype Bus on November 14, 2012 along with the Board of Directors during their Joint Meeting. Eleven of thirteen members of the AAC and an additional nine members of the public with disabilities were present and able to use the ramp and test other accessibility features. We seriously recommend that significant changes be made in the design of this bus for safety and accessibility. AAC comments and recommendations are listed below: Ramp: • The slope of the interior ramp is too steep. Passengers in wheelchairs must hold on to the stanchions to keep from rolling backwards. This is very dangerous. During our testing, even power wheelchairs were slipping backwards while entering. Manual wheelchair riders had great difficulty getting into the bus. • Exiting the bus is dangerous as well because of the steepness of the ramp, not only for wheelchair riders but for those walking with other mobility aids such as canes and walkers. • Because the ramp is so steep, a wheelchair rider will not be able to access the Clipper Card reader. • The angle at the top of the internal ramp is too tight. The larger the wheelchair or scooter, the more difficult it will be to navigate the turn into the bus when entering, and onto the ramp from the aisle when disembarking. • Finally, this raises the question about whether there should be any slope inside the bus at all. AC Transit currently has ramped buses with no interior ramp and slope. Front of the Bus: • If both wheelchair securement areas are occupied, a blind person has to move towards the back of the bus. A blind passenger should be seated closer to the driver as a visual reminder that the passenger's stop needs to be announced. • If the two securement areas and the additional flip seats are occupied, how many seats are left? Out of a total of 37 seats, nine are in the wheelchair securement areas, and another 19 are up the stairs at the back of the bus. This leaves very few seats for seniors, blind passengers and anyone else. • The fare box is too tall. If the top of the fare box was slanted, individuals in wheelchairs would be able to see where the fare media payment goes. • The Clipper Card reader is in a difficult location to access. Perhaps it could be moved closer to the fare box. • Pull cords are more difficult to use-and for blind passengers, more difficult to locate- than the stop announcement buttons. • Buses are more crowded and it will take longer to board in the front of the bus. This will upset the general public.

124

Securement Area: • The flip seat release lever in the street side securement area should be moved forward towards the front of the bus. Currently, it is towards the back of the bus, too close to the wheelchair rider and may cause injury. • The shoulder belt is too high. Either it needs to be moved lower, or it should be adjustable. It currently crosses the neck of a wheelchair rider. • The forward securement U-clips are not safely designed. The U-clip may flip up and injure the foot of the wheelchair passenger. • Aisle width: Two wheelchairs in the securement area leave very little room for a passenger to walk by. We measured the space with two wheelchairs secured--there was only 15 inches of passing aisle space! Strollers, walkers, and shopping carts will have difficulty proceeding down the aisle. • Flip seats are 12 inches width from wall into the aisle when flipped up. This is a lot of space! Given that this is several times the comparable depth in the Van Hools & NAB!s, it is simply unacceptably. We recommend we replace them with thinner flip seats or remove them completely. • Consider making single flip seats, rather than a bank of connected seats. This may free up at least one seat for another rider even when a wheelchair rider is in the securement area. • Stop request in securement area is not accessible. The button on the underside of the flip seat is too far forward. The center of the stop request button (at least curb side; street side wasn't measured) is 49" from the back of the wheelchair space. This makes it unreachable for most wheelchair users (see attachment for documentation). The button is also very low; this makes it even more unreachable. At a minimum, it should be moved to the upper back corner of the seat. • The pull cords are equally difficult to access. They are too high. • The flip seat lever is difficult to release. Is it possible to reduce the force needed to release the catch? • The narrow aisle space prevents larger wheelchairs from turning around to maneuver into the securement area if there are seated passengers or another wheelchair in the opposite securement area. • Large walkers cannot pass the securement area to the rest of the bus because the aisle is too narrow. The space between seat stanchions is only 23 inches wide. Strollers, shopping carts, and wide people will also be prevented from passing down the aisle. The wheelchair seating area sure will be crowded. Back of the Bus: • The stairs in the back of the bus are too steep. The bottom step has a 9 inch riser. The second step has a 9 Y, inch riser. This will be difficult for many seniors and others with mobility difficulties. We recommend reducing the riser height as much as possible, ideally to the conventional standard of 7", with a slope to achieve the rest of the 18 W' height differential. Are there any stanchions or other hand holds to assist people in getting up and down? • We recommend solid yellow tread on the steps rather than lights or just a strip on the stair edge. • The step getting off the bus is difficult; there is nothing to hold on to. Please add a handhold to the rear door. • The rear door should be changed to a power door. Otherwise, it is very difficult for many passengers to push and hold them open when getting off.

125



The placement of the ramp in the second door alleviates many of the challenges experienced by the AAC and members of the public on Wed. (sharp turn angle at top of ramp, difficulty deploying in securement around wheel wells and narrow aisles, etc.), and leaves fixed seating in the front of the bus for seniors and passengers who are blind or have mobility disabilities.

Our greatest fear is that the combined changes on this model bus will significantly limit access for seniors, wheelchair riders and other Persons with Disabilities. We are concerned that these passengers will be left sitting on the street in inclement weather and at night, hoping that the next bus on their route will be able to provide them with access to public transportation as mandated by State and Federal laws. Without access to fixed route transit, we will see a spike in Paratransit ridership at a much greater cost. The AAC would like to thank the Operations Department and the AC Transit Board of Directors for allowing the Committee to tour the Prototype Bus and for considering the comments and recommendations for improving the accessibility of the bus.

Sincerely,

Pamela Fadem Chair, Accessibility Advisory Committee Encl:

Space Requirements for Wheeled Mobility

cc:

Mallory Nestor-Brush, Accessible Services Manager David Armijo, General Manager Jim Pachan, Chief Operations Office Robert Del Rosario, Director of Service Planning and Marketing Stuart Hoffman, Technical Services and Maintenance Training Manager Kim Huffman, Accessible Services Specialist Scott Blanks, Vice-Chair, Accessibility Advisory Committee

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127

Report No: Meeting Date:

12-299 December 12, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

AC Transit Board of Directors

FROM:

David J. Armijo, General Manager Procurement of Twenty Seven (27} 60-Foot Diesel Hybrid Bus Rapid Transit Vehicles

SUBJECT:

ACTION ITEM RECOMMENDED ACTION(S): Authorize the issuance of an RFP to procure up to twenty-seven (27) 60-Foot Diesel Hybrid Rapid Transit Buses. EXECUTIVE SUMMARY: The District's East Bay Bus Rapid Transit plan calls for the purchase of twenty-seven 60-foot diesel hybrid buses to support the BRT route. The procurement of these specialized buses is scheduled to occur over an extended period of time with the manufacture of a pilot bus scheduled to occur in 2014 and the remainder ofthe fleet being manufactured in 2015. Initiation of the solicitation prior to January 1, 2013 will be beneficial for the District as initiation of this procurement during the current calendar year will provide these vehicles with an exemption from the State requirement that sets the maximum axle weight for a bus at 20,500 pounds. The award of the contract for this procurement will be brought before the Board for approval. BUDGETARY /FISCAL IMPACT: Projected cost of the purchase of 27 BRT 60-foot buses is approximately $27.9 million, which will be funded using $5 million in 2015 PTMISEA (Public Transportation Modernization, Improvement, and Service Enhancement Account) funds and $22.9 million in Federal 5307 funds. These funds are programmed in the capital projects and grant funding plan.

BACKGROUND/RATIONALE: The District's East Bay BRT project is designed to provide superior public transit through one of the District's busiest corridors. The BRT service will feature 5-minute headways, light-rail-like bus stations with ADA compliant passenger amenities, Traffic Signal Priority (TSP) for advancing buses through signalized intersections along arterials, dedicated bus lanes, and improved lighting and pedestrian facilities .

128

Report No. 12-299 Page 2 of 3

The District's East Bay Bus Rapid Transit plan calls for the purchase of 27 60-foot diesel hybrid buses in FY 2014-15 to support the BRT route. These efficient BRT buses will have multiple doors (five doors total) for entry and exit that will "dock" with the stations. These vehicles will operate in dedicated lanes, avoiding traffic. The BRT buses will be powered by clean diesel electric hybrid systems to reduce emissions and improve air quality. The bus procurement will occur over an extended period with a pilot bus being manufactured in 2014 and the remainder of the fleet being manufactured in 2015. The pilot bus will be available for route evaluation studies and training for the new hybrid drive systems. The remainder of the BRT buses are expected to arrive at the District in advance of the April 2016 Revenue Operations Date (ROD) to ensure a successful opening of the BRT. On September 29, 2012, Governor Brown signed AB 1706. The bill provides that any bus purchased "pursuant to ... a solicitation ... issued before January 1, 2013" will be exempt from the State requirement that sets the maximum axle weight for a bus at 20,500 pounds. The District has an opportunity to take advantage of this grandfathering provision for some scheduled bus procurements. Initiating the purchase of these buses during the current calendar year ensures that these buses are grandfathered under the provisions of AB 1706 for their useful life with the District. The District will program $5 million in 2015 PTMISEA funds and $22.9 million in Federal 5307 funds to support the procurement ofthese buses.

ADVANTAGES/DISADVANTAGES:

The advantages of the proposed procurement are as follows: • • • • • •

Faster and more reliable bus service Increased ridership and reduced congestion Level or "step-free" bus boarding Improved air quality from lower emission buses Operation of these buses in dedicated bus lanes Grandfathering under the State axle weight requirements

There are no identifiable disadvantages to the proposed action. ALTERNATIVE ACTIONS:

No alternative actions available at this time. PRIOR RELEVANT BOARD ACTIONS/POLICIES:

AC Transit Board Policy No. 350: Procurement Policy

129

Report No. 12-299 Page 3 of3

ATTACHMENTS: 1:

60-Foot (five door) BRT bus rendering

2:

Bus Procurement Funding Plan

Approved by:

James D. Pachan, Chief Operating Officer

Reviewed by:

Kenneth C. Scheidig, Interim General Counsel Lewis Clinton, Chief Financial Officer Dennis Butler, Chief Planning and Development Officer Stuart Hoffman, Manager, Technical Services

Prepared by:

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SR: 12-299 Attachment 1

II

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Bus Procurement Funding Fleet Type

Proj ect Cost

SLPP

District Match

AB-664

PTMISEA-Rev PTMISEA-Pop

FTA 5307

Total

Board Action

Delivery of vehicles Funding timeline

17,814,552

March 2012

June 2013

13,037,439

June 2012

June 2013

June 2012

June 2013

2012 Procurement (38) 40' Urban Transit

$17,814,552

$7,514.145

$7,514,145

$2.786,262

{27) 40' Urban Transit

$13,037,439

$4.717.946

$4,729,824

$3,589.667

{23) 60' Artics

$17,083,428

$4,806,292

$4,806,293

17,083,428

$7,937,229

$3,968,615

$3,968,614

$55,872,648

$21,007,000

$21,018,876

$6,375,929

{16) 40' Commuters FY 2012 • 1 04 buses

$5,735,872

$1,734,971

7,937,229 $5,735,872

$1,734,971

$0

$55,872,648

September 2012 December 2013

AB~ expend

by 6/30/2013; SLPP expend by 4130/2015 SLPP expend by 413012015; AB~ • $1 ,301.772 expend by 6130/2014 and $2,287,895 expend by 613012015. District funds include $11,877 in PTMISEA interest SLPP req allocation by 912012, award contract by 312013, and expend by 6/2016 SLPP req allocation by 912012, award contract by 312013, and expend by 612016

12013

Procurement {28) 40' Urbans

$ 15,004,255

$1,550,723

$1 ,000,000

$12.453,532

$15,004,255

March 2013

March 2014

{40) 40' Urbans

$21.434.650

$2,143,891

$1,500,000

$17,790,759

$21.434,650

March 2013

March 2014

$3,694,614

$2,500,000

$30,244,291

$36,438,905

April 2013

June 2014

PTMISEA funds received

$36,438,906

FY 2013 • 68 buses

2014 Procurement (36) 40' Commuters

$0

$0

$0

FY 2014 FTA TCP priorities; AB 664 and remaining District match FY 2014 FTA TCP priorities; AB 664 and remaining District match

-

FY 2014 • 38 buses

, 2015 Procurement {27) Artics for BRT {Hybrid)

$19,399,976 $19,399,977

$19,399,976

$19,399,976 $0

$0

$0

$19,399,976

$0

$0

$ 19,399,976

$5,040,000

$22,893,199

$27,933,199

December 2014

December 2015

{29) Artics

$20,957,679

$813,725

$ 1,500,000

$18,643,954

$20,957,679

March 2014

June 2015

FY 2014 and FY 2015 FTA TCP priorities and PTMISEA population funds (allocatoon requested; receipt of funds pending fall bond sale) FY 2015 FTA TCP priorities; AS 664 and District match

(102) 40' Urban

$51,204,000

$1 ,839,502

$3,000,000

$46,364,498

$51 ,204,000

March 2014

June 2015

FY 2015 FTA TCP priorities; AS 664 and District match

$2,653,227

$4,500,000

$87,901 ,651

$ 100,094,878

$1,586,772

$ 1,750,000

$23,311,228

$26,648,000

March 2016

June 2017

FY 2017 FTA TCP priorities; AB 664 and District match

$1,586,772

$ 1,750,000

$23,31 1,228

$26,648,000

FY 2015 • 158 buses

2017 Procurement {39) 40' Commuters FY 2015 • 158 buses

$27,933,199

$100,094,878

$0

$26,648,000 $26,648,000

$0

$0

$0

$5,040,000

$0

Notes: FY 201 4 • 2016 procurements are alligned with Fleet Retirement Plan; need Board approval Green: Funds have been received. Orange: AllocatiOn IS approved; grant is re imbursable

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135

Report No: Meeting Date:

r,c;wJVS/T

12-318 December 12, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

AC Transit Board of Directors

FROM:

David J. Armijo, General Manager

SUBJECT:

Procurement of Sixty-Eight (68) 40-Foot Transit Buses

ACTION ITEM RECOMMENDED ACTION(S): Authorize the General Manager to negotiate and execute documents related to a piggyback arrangement for the procurement of up to sixty-eight {68) 40-foot Gillig transit buses for delivery in 2014. EXECUTIVE SUMMARY: The District's Bus Retirement Plan (the Plan) calls for the retirement and purchase of 104 buses in FY 2012-13 and an additional 106 buses in FY 2013-14. On December 5th, the District was provided with authorization for funding from the Metropolitan Transportation Commission (MTC) to purchase sixty-eight (68) 40-foot transit buses scheduled for purchase in 2014 in the Plan. This order of 68 buses will complete the planned replacement of 106 buses in FY 2013-14. Contracting for these buses prior to January 1, 2013 will be beneficial for the District as initiation of this procurement during the current calendar year will provide these vehicles with an exemption from the State requirement that sets the maximum axle weight for a bus at 20,500 pounds. BUDGETARY/FISCAL IMPACT: Projected cost of the purchase of sixty-eight 40-foot buses is approximately $36.4 million, which will be funded using Federal 5307 funds ($30.2 million), AB-664 funds ($2.5 million), and District match capital funds ($3.7 million). These funds are programmed in the capital projects and grant funding plan.

BACKGROUND/RATIONALE: Over the past several months, the Board has approved the purchase of 104 buses for delivery by the end of 2013, and 38 of 106 buses for delivery by the end of 2014, to replace aging vehicles in the District's fleet. On December 5th, the District was provided with authorization for funding from the Metropolitan Transportation Commission (MTC) to purchase the sixtyeight (68) 40-foot transit buses scheduled for purchase in 2014 in the Plan.

136

Report No. 12-318 Page 2 of 3 The replacement of 104 buses in 2013 and 106 buses in 2014 was presented to the Board as part of the Plan on October 24, 2012. This order of 68 buses will complete the planned replacement of 106 buses in FY 2013-14. On September 29, 2012, Governor Brown signed AB 1706. The bill provides that any bus purchased "pursuant to ... a solicitation ... issued before January 1, 2013" will be exempt from the State requirement that sets the maximum axle weight for a bus at 20,500 pounds. The District has an opportunity to take advantage of this grandfathering provision for the remainder of the buses scheduled for replacement during FY 2013-14. The initiation of a contract for purchase of these buses ensures that they are grandfathered under the provisions of AB 1706 for their useful life with the District, while ensuring the District purchases the best bus at the lowest price. Staff has identified a piggyback option for the purchase of the 40-foot Gillig transit buses with Lynx in Florida. The piggyback contract will include all of the Buy America requirements. The piggyback process is expected to reduce the length of the procurement process and to provide buses at a competitive price. This purchase will help reduce the District's average vehicle age of ten years. This investment will improve our service by improving reliability of our bus fleet. Strategic plans are being developed to bring additional cost savings to the operation to ensure that the District reaches satisfactory levels of service and financial sustainability. ADVANTAGES/DISADVANTAGES: The advantages of the proposed procurement are as follows: •

Permit these buses to be grandfathered from the State axle weight requirements for their useful life at the District.



Improved service availability.



Lower overall maintenance cost.

There are no identifiable disadvantages to the proposed action. ALTERNATIVE ACTIONS: No alternative actions are available at this time. PRIOR RELEVANT BOARD ACTIONS/POLICIES: 12-237 Five-Year Plan for Procurement of Buses

137

Report No. 12-318 Page 3 of 3

ATTACHMENTS: 1:

Bus Retirement Plan (2013 through 2017)

2:

Bus Procurement Funding (2013 through 2017)

Approved by:

James D. Pachan, Chief Operating Officer

Reviewed by:

Kenneth C. Scheidig, Interim General Counsel Lewis Clinton, Chief Financial Officer

Prepared by:

Stuart Hoffman, Manager, Technical Services

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139

Revised Bus Retirement Plan (20 13 through 2017) --._-

Annuat Eleet

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Year ~

Lgth

Make.

1996 1998 1998 2000 2000 2002 2003 2003 2003 2006 2006 2006 2008 2009 2009 2010 2013

60 artie 40 40 40 45 commuter 40 60 artie 40 45 commuter 60 artie 30 so artie 40 30 60 artie 40 40

NF NAB I NABI NAB I MCI NABI

2013 2013 2014 2014 2015 2016

40 commuter 60 artie 40 40 commuter 40 40

-~-

- "'

- -... ., ~ .... "" 1.1~£;:;;r~ - Eligir,le ·tor -

·-

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1901 3001 3101 4001 6001 4051 2001 1001 6041 2101 5001 2151 1201 5101 2191 4 1301

1922 3064 3166 7220 6040 4090 2057 1110 6079 2110 5051 2165 1227 5139 2199 16 1365

2008 2010 2010 2012 2014 2014 2015 2015 2017 2018 2018 2018 2020 2021 2021 2022 2025

TBD TBD TBD TBD TBD TBD

TBD TBD TBD TBD TBD TBD

TBD TBD TBD TBD TBD TBD

TBD TBD TBD TBD TBD TBD

2025 2025 2026 2026 2027 2028

MCI

VH VH VH VH VH

VH VH-FC

:-: -. !2P131 " -

. ...._

· Replaeeme

1900 3000 3100 4000 6000 4050 2000 1000 6050 2100 5000 2150 1200 5100 2190 FC 1300

VH VH

.

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~· CitY 6 46 52 28 38 40 56 102 39 10 51 14 27 39 9 12

......:_

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Vehicle Age, Qty_

vehieleAie Qty

28 38 40 56 102 39 10 51 14 27 39 9 12 65

14 14 12 11 11 11 8 8 8 6 5 5 4 1

56 102 39 10 51 14 27 39 9 12 65

12 12 12 9 9 9 7 6 6 5 2

16 23

1 1

16 23 90 16

2 2 1 1

39 10 51 14 27 39 9 12 65 16 23 84 16 164

~

-

13 10 10 10 8 7 7 6 3

14 11 11 11 9 8 8 7 4 4 4 3 3 2 1

3 3 2 2 1

39 10 51 14 27 39 9 12 65 16 23 84 16 112 52

95

112

112

56

56

38 307

54

32 296

32 352

71 352

190

190

569

569

I!:JU

I!:JU

569

569

.....

Vehicle Age

Commuter 40' Bus (;jU' t:SUS

~

Vehicle Age Qty

Artics

274

.

I I

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569

v

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......... 140

Buses Planned for Retirement based upon Year Eligible 1996

60artic

NF

1900

1901

1922

2008

6

17

1998

40

NASI

3000

46

40

NASI

3100

3064 3166

2010

1998

3001 3101

2010

52

15 15

2000

40

NABI

4000

4001

7220

2012

28

14

2000

45 commuter

MCI

6000

6001

6040

2014

38

14

2002

40

NAB I

4050

4051

4090

2014

40

12

2003

60 artie

2000

2001

2057

2015

56

12

2003

40

1000

1001

1110

2015

102

12

2003

40

VH VH VH

1000

1001

1110

2015

2003

45 commuter

MCI

6050

6041

6079

2017

I Notes:

39

- 17 artics with 40' retired New Buses Delivered Each Calendar Year

l 104

l1 06

l 158

Fleet replacement is based upon vehicles reaching the 12 year Federal minimum service life, except for MCI coaches wi1h a 14 year MTC life requirement. Replacement of the locally funded buses may result in changes to the replacement cycle if local funding agencies support this initiative. Twenty-eight (28) additional buses could be retired in 2013 instead of 2014 if the manufacturers can produce within this timeframe.

141

lo

l39

14

Bus Procurement Funding

Fleet Type 2012 Procurement (3B) 40' Urban Transit

Project Cost $17,814,552

$7,514,145

$7,51 4,145

$2,786.262

(27) 40' Urban Transit

$13,037,439

$4 .717,948

$4,729,824

$3,589,667

(23) 60' Artics

$17,083,428

$4,806,292

$4,806,293

$7,937,229

$3,968,615

$3,968,614

$55,872,648

$21 ,007,000

$21,018,876

$6,375,929

(16) 40' Commuters FY 2012- 104 buses

SLPP

District Match

AB-664

PTMISEA-Rev PTMISEA-Pop

$5,735,872

FTA 5307

Total

$1,734,971

Board Action

Delivery of vehicles Funding timeline

17,814,552

March 2012

June 2013

AB-664 expend by 6/3012013; SLPP expend by 4/3012015

13,037,439

June 2012

June 2013

June 2012

June 2013

SLPP expend by 4130/2015; AB-<:i64- $1,301,772 expend by 6/30/2014 and $2,287,895 expend by 6/3012015. District funds include $1 1,877 in PTMISEA interest SLPP rec allocation by 912012, award contract by 3/2013, and expend by 6/2016 SLPP req allocation by 912012, award contract by 312013, and expend by 612016

17,083,428 7,937,229

$5,735,872

$1,734,971

$0

$55,872,648

September 2012 December 2013

2013 Procurement (28) 40' Urbans

$15,004,255

$1,550,723

$1 ,000,000

$12,453,532

$15,004,255

March 2013

March 2014

FY 2014 FTA TCP priorities; AB 664 and remaining

(40) 40' Urbans

$21,434,650

$2,143,891

$1,500,000

$17,790,759

$21,434,650

March 2013

March 2014

FY 2014 FTA TCP priorities; AB 664 and remaining

$3,694,614

$2,500,000

$30,244,291

$36,438,905

District match District match FY 2013 - 68 buses

2014 Procurement (38) 40' Commuters

$36,438,906

$0

$0

$0

$19,399,976

FY 2014 - 38 buses

$19,399,977

2015 Procurement (27) Artics for BRT (Hybrid)

$27,933,199

$19,399,976 $0

$0

$0

$19,399,976

$19,399,976 $0

$0

$19,399,976

$5,040,000

$22,893,199

$27,933,199

April2013

June 2014

PTMISEA funds received

December 2014

December 2015

FY 2014 and FY 2015 FTA TCP priorities and PTMISEA

(29)Artics

$20,957,679

$813,725

$1 ,500,000

$18,643,954

$20,957,679

March 2014

June 2015

population funds (allocation requested; receipt of funds pending fall bond sale) FY 2015 FTA TCP priorities; AB 664 and District match

(102) 40' Urban

$51,204,000

$1 ,839,502

$3,000,000

$46,364,498

$51 ,204,000

March 2014

June 2015

FY 2015 FTA TCP priorities; AB 664 and District match

$2,653,227

$4,500,000

$87,901,651

$100,094,878

$1,586,772

$1 ,750,000

$23,311 ,228

$26,648,000

March 2016

June 2017

FY 2017 FTA TCP priorities; AB 664 and District match

$1,586,772

$1 ,750,000

$23,311,228

$26,648,000

FY 2015 -158 buses

2017 Procurement (39) 40' Commuters

$100,094,878

$0

$0

$5,040,000

-

FY 2015 -158 buses

$26,648,000 $26,648,000

$0

$0

$0

VI

;;;o

Notes: FY 2014- 2016 procurements are alligned with Fleet Retirement Plan; need Board approval Green: Funds have been received. Orange. Allocatton ts approved grant os retmbursable

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S:\COO\COO Admin\Staff Reports\SR 12-318_Procurement_12.12.12\SR 12-318 attachment 2.xls

12/6/2012

142

This page intentionally blank 

143

Report No: Meeting Date:

12-276 December 12, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

AC Transit Board of Directors

FROM:

Linda A. Nemeroff, District Secretary

SUBJECT:

Recruitment for the AC Transit Retirement Board

ACTION ITEM RECOMMENDED ACTION(S):

Consider authorizing the recruitment of two public member positions and one non-ATU position to the AC Transit Retirement Board and determine whether to limit applications to a specific geographical area. EXECUTIVE SUMMARY:

The terms of the public member positions and one non-ATU position on the Retirement Board will expire on March 31, 2013.

The District Secretary's Office is requesting that the Board

authorize the recruitment effort to fill the positions and to consider whether to limit applications to a specific geographical area. BUDGETARY/FISCAL IMPACT:

There is no impact to the District's budget resulting from the recruitment of Retirement Board members.

BACKGROUND/RATIONALE:

The terms of the two public member positions and one non-ATU position on the Retirement Board will expire on March 31, 2013. The District Secretary is seeking authorization to move forward with the recruitment process and direction as to whether the recruitment of the public member positions should be limited to a specific geographical area. In the past, the Board has received applications from individuals who lived outside of the Bay Area. During the prior recruitment, the Board opted to limit applications to the five-county Bay Area Region (see Option 1 below). While an applicant's domicile isn't reflective of their overall qualifications to serve on the Retirement Board, it's possible that it could hamper the Retirement Board's ability to be effective in terms of having productive meetings and flexibility in the meeting schedule. Some of the available options for consideration are as follows: Option 1 - Limit applications to a smaller subsection of the Bay Area Region including the

counties of Alameda, Contra Costa, San Francisco, San Mateo, and Santa Clara. Option 2- Limit applications to the nine-county Bay Area Region . 144

Report No. 12-276 Page 2 of 2

Option 3 - Place no geographical limits on applicants, but give preference to residents of Alameda and Contra Costa Counties. Option 4- Place no geographical limits on applicants, but give preference to residents of the 5 Bay Area counties listed in Option 2.

Option 5- Maintain the status quo, as identified in Ordinance 10, below. Ordinance 10 adopted by the Board of Directors in 1997 provides no specificity in regard to limiting prospective candidates to a specific geographical area. However, Section 2A. of the ordinance permits the Board of Directors to establish the criteria for the selection of the two public member positions, which may include a geographical preference. Notices and application forms for the public member positions will be distributed to the general public and local community colleges and universities within the designated geographical area. A press release will be sent to all major newspapers and information will be posted on the District's website. A memorandum directed to all non-ATU employees will be distributed by email and posted at the General Offices and Divisions. It is recommended that the Board of Directors authorize the District Secretary to commence the recruitment for the three positions in late December with an application return deadline of February 1, 2013 at Noon. Upon the close of the recruitment, the Board can determine at it's February 13, 2013 meeting when to schedule interviews of potential candidates and adopt the appropriate resolution making the appointments. The terms of the new appointees will commence on April1, 2013. ADVANTAGES/DISADVANTAGES: This report does not recommend a course of action with notable advantages or disadvantages. ALTERNATIVE ACTIONS: There are no practical alternatives to the course of action recommended in this report. PRIOR RELEVANT BOARD ACTIONS/POLICIES: Ordinance 10, adopted April 23, 1997 ATTACHMENTS: 1: Ordinance No. 10

Reviewed by: Prepared by:

David J. Armijo, General Manager Kenneth C. Scheidig, Interim General Counsel Linda A. Nemeroff, District Secretary

145

SR 12-276 Attachment 1

'

L

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT ORDINANCE NO. 10

AN ORDINANCE ESTABLISHING THE ALAMEDA-CONTRA COSTA TRANSIT DISTRICT RETIREMENT BOARD AND REPEALING ORDINANCE NO. 8(a) WHEREAS, the Board of Directors of the Alameda-Contra Costa Transit District is authorized by Public Utilities Code §§25301, et seq., to establish a retirement system and create a Retirement Board responsible for the administration of that system; and WHEREAS, the Public Utilities Code §25361 provides that: The Board, upon establishing a retirement system pursuant to this chapter, shall create a Retirement Board of not more than five members, at least two members of which shall be the elected representatives of the employees, to administer the retirement system, and shall define its powers and duties and the tenure of the members; and

L

WHEREAS, the Retirement Board and its composition was previously established by a resolution, but the District Board of Directors determined to establish the Retirement Board by ordinance and adopted Ordinance No. B(a), effective February 3, 1993;and WHEREAS, Ordinance No. 8 assigned the five seats on the Retirement Board as follows: Two selected from the membership of the District's Board of Directors; Two selected by ATU from the elected officers of ATU, Local192; and One selected by the District's Board of Directors from the employees who are not represented by ATU, Local192; and WHEREAS, the Board of Directors has decided to seek qualified individuals to fill the two seats on the Retirement Board presently reserved for two members of the Board of Directors; and WHEREAS, pending the selection of the public members to the Retirement Board, the representatives of the Board of Directors designated in Resolution No. 979 shall continue to sit on the Retirement Board.

r

L

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE ALAMEDACONTRA COSTA TRANSIT DISTRICT DOES ORDAIN A FOLLOWS:

146

i

Section 1.

Ordinance No. 10 is enacted to read:

Section 1. The Alameda-Contra Costa Transit District Retirement Board (or Retirement Board) is created and established in accordance with the provisions of Public Utilities Code §25361. Section 2. selected as follows:

J

The Retirement Board shall consist of five (5) members,

A.

Two members shall be selected by the District's Board of Directors based on criteria established by the District Board of Directors, and they shall serve for a period of two years.

B.

Two members, constituting the two elected representatives of the employees, shall be elected officers of ATU, Local 192. These members shall serve until replaced by Local 192. The President of Local 192 shall notify the District Board President, in writing, of its representatives and of any change in the Local's representatives on the Retirement Board.

C.

One member shall be selected by the District Board of Directors from employees who are not represented by ATU, Local 192. This member shall serve for a period of two (2) years.

For the positions identified in subsections 2.A. and C., the District Board of Directors shall adopt a resolution identifying the individuals selected and their term of office.

J

Section 3. The terms of the members of the Retirement Board shall be staggered in order that no more than three members' terms expire at any one time. Section 4. The initial selection of the Retirement members identified in Section 2.A. shall be made by the District's Board of Directors as soon as possible following the effective date of this ordinance. Until the selection of the Retirement Board members identified in Section 2.A. occurs, the present Board of directors' representatives to the Retirement Board shall retain their seats and continue to perfomn their responsibilities as members of the Retirement Board. The Retirement Board members identified in Section 2.A., once designated and appointed by resolution of the District's Board of Directors, shall fulfill the unexpired terms of the members of the Board of Directors they replace. If a vacancy occurs in any of the positions on the Retirement Section 5. Board identified in Section 2, they shall be replaced as soon as possible using the same process identified in this Ordinance for their original selection. Except for Retirement Board members selected by ATU, Local 192, the District Board of Directors may designate a replacement on an interim basis pending a recruitment of a permanent

147

J ·

~.

I

I L-

replacement. In making an interim replacement, the District Board of Directors whenever possible shall select individuals who meet the desired qualifications established by regular members of the Retirement Board. Section 6. A member of the Retirement Board may be removed from office under the following circumstances: A.

Upon expiration of a member's term;

B.

Upon resignation;

C.

Due to death or an illness or injury which renders the member incapable of performing his/her duties;

D.

For any other cause which brings into question a member's ability to perform his/her duties, including, but not limited to, misfeasance, malfeasance, conflicts of interest, conduct which calls into question the member's integrity, conviction of a serious crime or similar issues.

Section 7. The Retirement Board may establish rules and regulations for the conduct of its meetings. However, at least three (3) members of the Retirement Board must be present to constitute a quorum for the transaction of any business.

L

Section 8. Members of the Retirement Board shall serve without compensation for their services and shall not have a financial interest in any of its decisions. Except as otherwise provided by law, nothing herein shall prevent a person from serving as a member of the Retirement Board and voting on matters arising before the Retirement Board because he/she is a member of the retirement system. Section 9. The Retirement Board shall comply with the requirements of Article 16, Section 17 of the California Constitution, the District Law pertaining to the retirement system (as applicable) and the Plan Document in the performance of their duties. Section 10. The Retirement Board shall have exclusive control of the administration, investment and disbursement of the funds of the retirement system. Section 11. The Retirement Board shall provide a report to the Board of Directors at least twice per year regarding the activities of the Retirement Board and the status of the Retirement System's investments. Section 2. This ordinance supersedes, replaces and repeals Ordinance No. 8 and any prior ordinance(s) or resolution(s), which may conflict with it.

l 148

Section 3. This ordinance shall become effective thirty (30) days after its adoption, which shall be at least three days after its introduction. This ordinance shall be published once a week for two consecutive weeks following its passage in a newspaper of general publication within the District.

J \

. .

ORDINANCE NO. 10 WAS PASSED AND ADOPTED THIS 23rd day of April

1997.

AYES:

DIRECTORS:

PIRAS, BISCHOF BERGER, WOODBURY, PRESIDENT WILLIAMS PRESIDENT KILLIAN

NOES:

DIRECTORS:

CREASON

ABSTAIN:

DIRECTORS:

NONE

ABSENT:

DIRECTORS:

HAWLEY

VICE

j

149

Report No: Meeting Date:

12-306 December 12, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

Planning Committee AC Transit Board of Directors

FROM:

David J. Armijo, General Manager

SUBJECT:

Preliminary Draft Central and South County Service Restructuring Plan

BRIEFING ITEM RECOMMENDED ACTION(S):

Consider receiving a report on the Preliminary Draft Central and South County Service Restructuring Plan (Restructuring Plan). EXECUTIVE SUMMARY:

To increase service productivity, staff is evaluating the reallocation of resources from the lowest performing routes to enhance service on core routes as part of a Restructuring Plan that focuses on suburban and industrial areas of District 2 and Southern Alameda County. The Restructuring Plan was drafted to improve service in the entire South County local network and portions of Central County; therefore a total of seventeen routes are affected. With ridership growth as the goal, the service restructuring has been designed to create new markets, ensure adequate coverage, and increase service where possible, and provide a more enhanced and productive service. To accomplish these improvements, the plan eliminates some of the least productive routes along with some unproductive route segments. Over 450 passenger trips will be affected by the changes, however, approximately half will still have access to their final destination through either walking a short distance or transferring to another line. Staff aims to bring the Board the final proposal in January 2013, when staff will request the Board set a public hearing for March 2013. Service implementation is scheduled for June 2013. BUDGETARY/FISCAL IMPACT:

The Restructuring Plan aims to be cost-neutral, yet the resultant plan may incur minimal costs in service hours with no additional operator or vehicle resources. Staff will provide an accurate cost estimate in January and confirm a final cost once new schedules are generated through the summer sign-up process. The Restructuring Plan will not change the funding allocation between District 2 (City of Newark and City of Fremont) and the rest of the District.

150

Report No. 12-306 Page 2 of 6 BACKGROUND/RATIONALE:

This report provides the Board with a preliminary introduction to the Central and South County Restructuring Plan that will come before the Board in January 2013 with a request to set a public hearing in March 2013 for the proposed changes. Staff has developed a cost-neutral restructuring plan by eliminating low performing routes or segments, and reinvesting those resources into the core network to increase productivity and ridership growth. Staff identified the lowest performing routes with less than 14 passengers per revenue hour in Southern Alameda County and Special District 2 as part of this restructuring plan, and because of the return-to-source funding structure for Special District 2, staff reallocated these resources within the District to ensure that the plan maintained the same level of service in the area while improving efficiency. GM Memo 11-021 specifically examined suburban ridership productivity, typical of central and Southern Alameda County and Special District 2. This analysis compared the productivity of AC Transit suburban routes with similar suburban routes of other Bay Area agencies. Notably, the memo concluded that AC Transit fits well within the productivity range of similar suburban routes in similar low-density areas. While staff recognizes suburban routes are never going to reach the same levels of productivity as routes in the urban core, staff acknowledges that improvements can be made to enhance our service in the area. The proposed Restructuring Plan uses the following principles:

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

Underperforming segments of routes should be eliminated. Segments with few physical bus stops and unproductive land use should be eliminated. Routes should focus on a generator purpose. Service should cater toward a cohesive route network Circulator routes should be converted into linear routes to lessen passenger and operational confusion. A holistic approach should be used to consider each low-performing route as part of the overall route network, being conscious of maintaining coverage goals. New generators and employers should be directly marketed to grow ridership in new areas. Public information at bus stops should be upgraded on restructured routes to inform passengers of new network accessibility on street. Recovered resources should go towards increasing frequency on the trunk routes. Late night coverage should be consistent with the daytime route network

151

Report No. 12-306 Page 3 of 6 The Restructuring Plan affects 17 routes. Attachments 1-5 show the details of the route changes. The main changes are as follows: Transbay Service o

o

Transition Line M into a typical peak-only Transbay service and eliminate lowperforming service to the Oracle campus. Eliminate Line DA due to low ridership.

Late Night Service o

Eliminate flex-route Line 333 and increase span of Lines 264/242/251, providing consistent hourly service untilllpm.

Trunk Routes Utilizing the resources saved on under-performing routes, increase all-day frequency on Line 99 from 30-minute to 20-minute service. This is a critical improvement for the trunk that originally had 15-minute service along the most productive section from the Bayfair BART Station to the Hayward BART Station. This is also a future viable option for extending up to Foothill Square and providing north-south cross-town service when BRT terminates at the San Leandro BART Station. Local Routes o

o

o

o o

o

o o

o

Shorten Line 212 to focus on key retail generators and extend the terminus to the Siliman Center, providing 30-minute service from the transfer point at Newpark Mall. Reconfigure Line 215 to serve the recreation area at Lake Elizabeth and active industrial employment centers. Convert Lines 275, 251 and 242 into linear routes. Provide service to a Pacific Research Center, De Vry university and the Newark Senior Center directly with Line 264. Increase frequency on Line 275 from 60 minutes to 45 minutes and make the line linear. Maintain or improve frequency along major corridors. Eliminate unproductive neighborhood segments and segments with unproductive land use. Combine productive segments of Line 68 with Line 85 to provide continuous neighborhood service into San Leandro and extend into Foothill Square.

Shopper Routes o

Eliminate Lines 314, 356 and 391 due to low ridership and since they are very confusing for passengers and operators because they don't operate every weekday. Passengers will still be able to use underlying service on Lines 51A, 73 and 22 to reach the same destinations, and the resources saved will go back to the extra board to provide midday service on Line 47.

152

Report No. 12-306 Page 4 of 6 The MTC Tri-City/Tri-Valley study is due to begin in mid-December 2012 and it may generate a separate set of recommendations for service in this area. However, due to the unknown timeline and larger scope of that study, staff recommends the District proceed with implementation of this proposed restructuring plan for summer 2013 to enact

the

improvements identified for the District and our passengers. Draft Passenger Impacts The passenger impacts have been defined by staff for any segment elimination, outright line elimination, and for any negative change in frequency or span. The Restructuring Plan was developed to minimize impacts to passengers by only making such changes on lines that served the fewest passengers. The majority of line restructuring is comprised of re-routing lines to cover other line segments. For example, Line 212 has been shortened to provide quicker access from the Fremont BART Station to Pacific Commons while Line 215 has been reconfigured to cover the productive segments of Line 212 that were eliminated, thereby, leaving the same level of service on those segments. Overall, approximately 480 passenger trips would be affected by route or route segment eliminations; however, over half (260) of these trips would be able to transfer to other lines or walk 10 minutes or less to reach their stop. The vast majority of frequency changes will result in increased service frequency, such as on Lines 99 and 275; however, reductions in frequency are proposed along small segments of Line 68. Line M proposals include more consistent frequency to more reliably meet BART trains. Late night service in District 2 is slated for a service span change, which should result in an improvement on the basic routes. Staff will conduct a Title VI analysis on the proposed service changes and present some preliminary findings in January, where staff will request the Board to set the public hearing for March. Staff will complete its Title VI analysis prior to the March public hearing. Process Below is a proposed schedule for the implementation of the Restructuring Plan. December 2012- Planning staff finalizes the Restructuring Plan details, consults with affected cities and begins the Title VI analysis January 9, 2013- Present final proposal and request that the Board set a public hearing March 13, 2013- Hold public hearing and present Title VI analysis.

153

Report No. 12-306 Page 5 of 6 March 27, 2013- Seek Board approval for service change Mid-April 2013- Finalize schedule adjustments per plan recommendations Mid-June 2013 -Implement the Central and South County Restructuring Plan as part of the summer sign-up

ADVANTAGES/DISADVANTAGES: Advantages: • Eliminating unproductive segments and routes enable resources to be put to more productive use and potentially grow overall ridership. • Improved connections and increased route frequency on Line 99 will greatly improve the passenger experience in Central and South County, and District 2. Disadvantages: • A small number of passengers may face additional transfers or increased walk times where routes or segments are eliminated. • The Tri-City/Tri-Valley Study may provide alternate restructuring recommendations, which may conflict with the proposed Restructuring Plan. However, the timeline and scope for this is unknown at this time.

ALTERNATIVE ACTIONS: • Keep existing route structure and maintain current ridership levels and productivity. • Produce an alternative Restructuring Plan.

PRIOR RELEVANT BOARD ACTIONS/POLICIES: 1:

GM Memo 11-021

Consider Receiving Report on Suburban Ridership Statistics

154

Report No. 12-306 Page 6 of 6 ATTACHMENTS:

1. Spreadsheet of Proposed Summer 2013 Restructuring Plan 2. 3. 4. 5.

Map Map Map Map

of Restructuring of Restructuring of Restructuring of Restructuring

Plan Plan Plan Plan

Department Head Approval: Reviewed

Prepared

by:

by:

Current Conditions Implementation Night Service Current Conditions Night Service Implementation James Pachan, Chief Operating Officer Kenneth C. Scheidig, Interim General Counsel Lewis Clinton, Chief Financial Officer Robert del Rosario, Director of Service Development and Marketing Linda Morris, Transportation Planner

155

ATTACHMENT 1

SR 12-306 Attachment 1

Preliminary Draft Central and South Alameda County Restructuring Plan Fall 2012

Proposed Plan

Pass per Total ANNUAL ANNUAL DAILY Peak Peak Peak Peak WEEKDAY Rev Daily WEEKDAY Hdwy buses Hrs Hdwy buses Hrs Hour Ridership Hrs

Route

DAILY Hrs

M

36.68

9,353

35

4

12.9

423

25.17

6,418

40

3

. Transform into typical peak only Transbay service. Eliminate Oracle piece

DA

5.38

1,372

-

1

4.6

19

0

0

0

0

. Eliminate for low productivity.

212

63.34

16,152

30

4

16

917

47.51

12,115

30

4

Recommendation

. Eliminated from rural, non productive areas to shorten route and save 1 bus . Eliminated from Lam Research, but use 215 to cover - splitting out retail route and industrial route . Extend route to the Siliman center, thereby providing 30 min service to the center from NewPark mall transfer point. . Eliminate Mission /Driscoll segment . Increase frequency to the Senior Center along Paseo Padre with 239 from Fremont BART . Improve access to Lake Elizabeth activities. . Eliminate Warm Springs segment between Mission & Grimmer . Add Lam Research Park in commute direction to cover segment lost on 212 . Remonve low ridership areas of Bayside Industrial Area . Eliminate loop and make Bayside Industrial area two way . Add service to Kato and Benicia and use as turn around

Passenger Impacts . Elimination of Oracle affects 37 trips . Frequency is currently variable around 35 mins. Change to constant 40 mins and meet with BART. . 19 trips affected . These passengers can board Line DB at Ardenwood and transfer at Palo Alto Transit Center

. Quicker route from BART to Pacific Commons . 15 trips affected on Fremont Automall/Grimmer section

. 36 trips affected along Mission /Driscoll . 239 captures Warm Springs & Mission . 15 trips affected along Warm Springs @Mission/Grimmer . Lam Research Park service goes from 30 mins all day to 45 min freq in commute direction only. Tailored to ridership demand. No trips affected. . 16 trips affected on Bayside loop

215

30.59

7,800

45

2

8.5

237

30.59

7,800

45

2

99

86.27

21,999

30

6

32.2

3,289

129.41

33,000

20

9

. Add 3 buses (M/DA/251) - increase frequency to 20 min

. Increase in frequency should restore some ridership along the corridor. In 2010 the line ran at 15 min frequency between Bayfair & Hayward BART

Late Night Service

13.8

3,519

60

-

5.4

64

0

0

0

0

. Eliminate for low productivity. . Provide late night service by increasing span on regular routes

.17 trips affected - not covered by new 264 route. Passengers can walk approximately 10 minutes from Newark Blvd

314/356

2.28

581

-

0

9.4

33

0

0

0

0

. Eliminate for low productivity. Add midday service on Line 47

. 314 - 14 trips affected . 356 - 19 trips affected

47

8.05

2,053

45

1

16.7

126

10.33

2,634

45

1

. Fill in the midday service

2

. Eliminate loop and truncate at Lido Fair. . Eliminate Decoto Freeway section . Create 45 min frequencies. . Add Newark and Filbert coverage to serve Newark Senior Center directly

2

. Covers part of truncated 275 . Covers 251 Enterprise & Willow . Eliminate Paseo Padre (0 stops) and Fremont segments. . Span increases to 11pm . Eliminate Ohlone College

333

275

264

216

242

251

29.33

31.25

31.65

32.53

7,479

7,969

8,071

8,295

60

60

60

60

2

2

2

2

12.3

13.5

12.1

16.8

329

386

336

475

29.33

38.25

37.65

30.53

7,479

9,754

9,601

7,785

45

60

60

30

2

. Break up route to make more productive. . Keep Niles segment and deviate route at Fremont BART to cover Stevenson (Line 242) at hourly frequency. . Niles section ends at 8pm, Stevenson Section interlines with Mowry 242 and continues on until 11pm at hourly frequencies. . Central part of route covered by new Line 251

. Longer runtime to Lido Fair . 10 trips affected by elimination of Decoto Rd segment . School kids for American High can transfer to 99 (timed connection) or walk 18 mins at Fremont Blvd & Decoto Rd . 60 trips affected on Fremont/Paseo Padre segment . Elimination from Ohlone College will impact 49 trips passengers can transfer at NewPark Mall or walk 9 mins from Mowry & Cherry

Line 625 now deviating from basic - 88 trips School kids either have to: 1. Walk 8 mins to Washington, 18mins to Centerville. 2. Transfer at Fremont BART to 99/210 with increased frequency which could be timed Line 216 Fremont Blvd - 46 trips affected which could transfer to/from 99 or 210 All trips affected by splitting route

2

. Mowry segment only 30min freq until 7pm to replicate current service. 8pm-11pm interlines . 360 trips affected by splitting the route, but all trips are covered with Stevenson to create 60 min freq (hours accounted for in 216) by new 242 and transferring if necessary

.All segments are covered by lines 264 and 275

. 14 trips affected

32.92

8,395

60

2

20

581

32.92

8,395

60

1

. Route broken up in pieces to make more direct . Stevenson joins with Niles section of 216 . Niles section ends at 7pm . Stevenson continues untill 11pm, interlining with 60min Mowry route . Paseo Padre section becomes 216 direct service to NewPark Mall

4.62

471

45

-

4.2

14

0

0

0

0

Eliminate for low productivity. . Eliminate unproductive Huntwood between Tennyson and Industrial segment and Industrial Pky SW (0 stops) . Break up one way loop and make linear. . Combine with Line 85 to create one direct route to Union Landing through neighbourhoods fropm San Leandro to East Oakland. . Extend 85 to Foothill Sq along 75 routing

391 Tuesday & Friday Only

11/21/2012

68/85

61.98

15,805

60

4

11.7/27.2

1,197

61.98

15,805

60

4

TOTAL

470.67

119,314

-

32

-

3,541

473.67

120,786

-

32

156

. 22 trips affected along Huntwood between Industrial & Tennyson . 30 min service on small sections along Dyer and Tennyson will now have 60 min service

                                             

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157

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Walnut

Fremont

! (b

b

Fre

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m o

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Hayward BART

d

South Hayward BART

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Route

SS

Newark Memorial HS

! (

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eerr mm m m ii GGrr

85 (60 min)

b

Pacific Commons

W

Wa rre n

Ohlone College Newark Campus

Ardenwood Park & Ride Oracle Hillsdale Shopping Center

Route DA (6 trips) M (35 min)

0

1

2 158

S:\Research\PLANNING\Howard\Fremont-Newark \SouthCountyMaps\c&s_current_20121120.mxd

68 (60 min) Union

Cedar

! (

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San Leandro BART

Stevenson

Mowry

Central Cherry

En te rpr ise

w

Unchanged Routes

NewPark Mall

rn to n Th o W illo

275 (60 min)

216 (60 min)

nntt mmoo FFrree

Hayward BART

264 (60 min)

215 (45 min)

Paseo Padr e

O s

! ( Central

Jarvis

Newark

251 (60 min)

212 (30 min)

I

! (

b

b

Thornton

Pa se oP ad re

Hale y

99 (30 min)

SERVICE DEVELOPMENT November 20, 2012 SCALE 1:40000 PROJECTION UTM Zone 10 NAD83

Fremont

Cedar

Area of Detail

242 (60 min)

Grimmer

Paseo Pa dr e

Fremont

( !

`

Fremont BART

Newark

Routes & Peak Frequencies

Missi on

Lido Faire Shopping Center

CENTRAL & SOUTH ALAMEDA COUNTY RESTRUCTING PLAN CURRENT CONDITIONS

Key to Features

to DDeeccooto

Union City

SR 12-306 Attachment 2

Union City BART

b

99 continues to Bayfair BART via Mission Blvd & East 14th St.

Au to Ma ll

ATTACHMENT 2 99 continues to Bayfair BART

3 Miles

                                             

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159

s raddoo NNililees lvaara AAlv

! (

Key to Features

to DDeeccooto

Union City

Walnut

Oracle Hillsdale Shopping Center

M (40 min)

Fre

m o

go o

Hayward BART

d

South Hayward BART

nt

SS

Au to Ma ll

Chris ty

Newark Memorial HS

Ohlone College Newark Campus

Newark Senior Center

0

1

2 160

S:\Research\PLANNING\Howard\Fremont-Newark \SouthCountyMaps\c&s_implementation_20121120.mxd

San Leandro BART

b ! (

! (b

DISCLAIMER: Information in this map is furnished strictly as a convenience. AC Transit does not assume any responsibility for the accuracy or thoroughness of this map. UNAUTHORIZED REPRODUCTION, REDISTRIBUTION, OR RETRANSMISSION OF THIS MAP IS STRICTLY PROHIBITED. · Teleatlas/GDT. All Rights Reserved.

Union Landing

Cedar

! (b

Area of Detail

Foothill Square

! (

b

Pacific Commons

Lam Research Loop Commute Direction Only

New Route (60 min)

eerr mm m m ii GGrr

W

w

Unchanged Routes

Paseo Padr e

Stevenson Central

rn ton Th o W illo

En te rpr ise

Jarvis

Hayward BART

b

275 (45 min)

216 (60 min)

I

Mowry

Thornton

b

Cherry

! (

264 (60 min)

215 (45 min)

SERVICE DEVELOPMENT November 20, 2012 SCALE 1:40000 PROJECTION UTM Zone 10 NAD83

Os

! (

Silliman Rec Center

251 (60 min)

212 (30 min)

b

Pa se oP ad re

Cedar

Newark

99 (20 min)

nntt mmoo FFrree

Pacific Research Park & DeVry University

Fremont

242 (30 min)

NewPark Mall

b

b

Hale y

` ! (

Fremont

Newark

! (

! (

Lake Elizabeth Recreation Center

Routes & Peak Frequencies

Grimmer

Paseo Pa dr e

Fremont

! (

`

Fremont BART

Lido Faire Shopping Center

CENTRAL & SOUTH ALAMEDA COUNTY RESTRUCTURING PLAN IMPLEMENTATION

SR 12-306 Attachment 3

Union City BART

b

99 continues to Bayfair BART via Mission Blvd & East 14th St.

W ar re n

ATTACHMENT 3

3 Miles

                                             

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161

ATTACHMENT 4

CENTRAL & SOUTH ALAMEDA COUNTY RESTRUCTURING PLAN NIGHT SERVICE CURRENT CONDITIONS

b

SR 12-306 Attachment 4 Union City BART

s raddoo NNililees lvaara AAlv

! (

Union City

Area of Detail

Key to Features

Routes & Frequencies

242 until 9pm (60 min)

333 until Midnight (60 min)

to DDeeccooto

Mission

Fremont BART

`

SERVICE DEVELOPMENT November 20, 2012 SCALE 1:36000 PROJECTION UTM Zone 10 NAD83

I

DISCLAIMER: Information in this map is furnished strictly as a convenience. AC Transit does not assume any responsibility for the accuracy or thoroughness of this map. UNAUTHORIZED REPRODUCTION, REDISTRIBUTION, OR RETRANSMISSION OF THIS MAP IS STRICTLY PROHIBITED. · Teleatlas/GDT. All Rights Reserved. S:\Research\PLANNING\Howard\Fremont-Newark \SouthCountyMaps\c&s_night_current_20121120.mxd

! ( Paseo Pa dr e

mo

d

nt

! ( ! (b

b

Chris ty

Newark Memorial HS

Ohlone College Newark Campus

Au to Ma ll

b

Cherry

Cedar

SS

eerr m m iimm GGrr

nntt mmoo FFrree W ar re n W

w

Central

! (

Flex Route Area

W illo

Stevenson

Central

Newark

Fre

go o

En te rpr ise

Hale y

Os

NewPark Mall

Cedar

Lido Faire Shopping Center

r nt on

(b !

Th o

Jarvis

Newark

Mowry

Fremont

Thornton

Pa se oP ad re

Fremont

Grimmer

Paseo Padr e

Fremont

0

1

2 162

3 Miles

                                             

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163

ATTACHMENT 5

CENTRAL & SOUTH ALAMEDA COUNTY RESTRUCTURING PLAN NIGHT SERVICE IMPLEMENTATION

b

SR 12-306 Attachment 5 Union City BART

Area of Detail

Routes & Frequencies

s raddoo NNililees lvaara AAlv

! (

Union City

Key to Features 216 untill 11pm (60 min) 242 until 11pm (60 min)

to DDeeccooto

Mission Fremont BART

`

264 untill 11pm (60 min) SERVICE DEVELOPMENT November 20, 2012 SCALE 1:36000 PROJECTION UTM Zone 10 NAD83

I

DISCLAIMER: Information in this map is furnished strictly as a convenience. AC Transit does not assume any responsibility for the accuracy or thoroughness of this map. UNAUTHORIZED REPRODUCTION, REDISTRIBUTION, OR RETRANSMISSION OF THIS MAP IS STRICTLY PROHIBITED. · Teleatlas/GDT. All Rights Reserved. S:\Research\PLANNING\Howard\Fremont-Newark \SouthCountyMaps\c&s_night_implementation_20121120.mxd

! ( Paseo Pa dr e

Stevenson

Os Fre

mo

go o

d

nt

NewPark Mall

Cedar

! (

Lido Faire Hal Shopping Center

Cedar

! (b

Newark Memorial HS

Ohlone College Newark Campus

W ar re n W

w

! (b

En te rpr ise

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Cherry

Chris ty

SS

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nntt mmoo FFrree

Central

ley

Au to Ma ll

b

( b !

Th o

Jarvis

Central

Newark

Newark

Mowry

Fremont

Thornton

Pa se oP ad re

Fremont

Grimmer

Paseo Padr e

Fremont

0

1

2 164

3 Miles

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165

Report No: Meeting Date:

TAWNS/T

12-291a December 12, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

Planning Committee AC Transit Board of Directors

FROM:

David J. Armijo, General Manager

SUBJECT:

Existing Conditions Report for the Inner East Bay Comprehensive Operations Analysis

BRIEFING ITEM RECOMMENDED ACTION(S): Con sider receiving the Existing Conditions Report for the Inner East Bay Comprehensive Operations Analysis (COA). EXECUTIVE SUMMARY: As part of the Metropolitan Transportation Commission's (MTC) COA, the project consultant has worked with AC Transit staff to produce the existing conditions report. The report includes assessments of the Urban Core Network, Urban Trunk Corridors and Transbay routes. The report also includes individual Transbay and Urban trunk route profiles, which served as the basis for overall service assessment and analysis. BUDGETARY/FISCAL IMPACT: There are no budgetary or fiscal impacts associated with this report. The recommendations of the COA could have impacts in the future, but it is premature for staff to quantify the impacts at this point.

BACKGROUND/RATIONALE: As a continuation of the COA process under MTC's Transit Sustainability Project (TSP), the project consultant, Transit Management & Design, Inc. (TMD), worked with AC Transit to develop an existing conditions report which includes assessments of the following aspects of AC Transit 's service: •

Urban Core Network- the area of AC Transit's service network bordered by Richmond to the north and San Leandro to the south



Urban Trunk Corridors - there are seven identified within the Urban Core area: International,

Telegraph,

Broadway-Santa

MacArthur and Foothill

166

Clara,

College-University,

San

Pablo,

Report No. 12-291a Page 2 of 3 •

Transbay Routes - all routes which cross the Bay, including those along the southern crossings

The report details inefficiencies in AC Transit's service under the three categories above, while also identifying opportunities for improved productivity and ridership increases based on preliminary service change recommendations. The content of the existing conditions report is consistent with the analyses conducted through MTC's guiding portion of the COA.

Though some the metrics used in the report are not

commonly used in AC Transit service analyses, they do provide different perspectives for measuring service efficiency and productivity. In addition, they are the same metrics used throughout COA process to measure overall service productivity and efficiency within the service area. The existing conditions report and analyses are based on detailed Urban Trunk and Transbay route profiles that provide individual ridership, productivity and operational characteristics. These individual route profiles will be useful for future reference service analyses by staff. The profiles are included as appendices to the report which will be provided to the Board separately. Compliance with Board Policy 550 The preliminary recommendations identified in the COA existing conditions report comply with Board Policy 550. They coincide with the policy's guiding policies for both local and Transbay service types. In addition, the preliminary recommendations would likely lead to service adjustments that would exceed standards set in policy 550. As part of the upcoming recommendations and pilots report to the Board, staff will conduct a full compliance analysis with Policy 550. Next Steps As mentioned in previous reports to the Board, the existing conditions report is the second step for review in AC Transit's COA process. The first step was to review the findings and recommendations of MTC's COA process. The next and final step will be to present COA service recommendations and initial pilots to the Board in February for approval to implement in mid-

2013. ADVANTAGES/DISADVANTAGES: The advantage of this report is to provide the Board of Directors with the existing conditions report for AC Transit's service, as part of the COA. There are no disadvantages associated with this report.

ALTERNATIVE ACTIONS: There are no alternative actions associated with this briefing report.

167

Report No. 12-291a Page 3 of3

PRIOR RELEVANT BOARD ACTIONS/POLICIES: SR 12-291- Update on the Inner East Bay Comprehensive Operations Analysis SR 12-178 - Progress Report on the Metropolitan Transportation Commission Sponsored Transit Sustainability Plan and Inner East Bay Comprehensive Operations Analysis SR 12-145 -Introduction to the Transbay Comprehensive Service Plan Update GM Memo No. 12-087 - Report on the Initial Recommendations of the Metropolitan Transportation Commission's (MTC) Transit Sustainability and Comprehensive Operations Analysis and Their Impact on AC Transit

ATIACHMENTS: 1: COA Existing Conditions Report Presentation

Department Head Approval:

James D. Pachan, Chief Operating Officer

Reviewed by:

Kenneth C. Scheidig, Interim General Counsel

Prepared by:

Robert del Rosario, Director of Service Development and Marketing

168

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169

Inner East Bay Comprehensive Operational Analysis (COA)

Existing Conditions Analysis December 12, 2012

SR 12-291a Attachment 1

170

Agenda  AC Transit Urban Core/Urban Trunk Services  Transbay Bus Services  Strategies and Next Steps

2 171

AC Transit Service Tiers  Just twelve out of 169 AC Transit bus routes generate 50% of average weekday ridership Rapid

Urban Trunk

Local

Community

Owl

3 172

Urban Core Frequency  Most AC Transit routes in the Urban Core operate at frequencies less than the every 10-15 minutes that are necessary to attract the large “show and go” customer market Frequency

Percent of Cost

Productivity

10 Minutes

26%

52.2 pph

11-15 Minutes

19%

41.0 pph

20-30 Minutes

37%

24.7 pph

45-75 Minutes

18%

16.8 pph

4 173

Service Productivity BART

Rapid

Urban Trunk

Local

Community

Owl

 Reinvesting 10% of the operating budget from routes averaging 20 passengers per hour to those averaging 50 per hour generates an additional $4.6 million annually in revenue to spend on more service (including maintaining coverage service)  Investing in highly productive services must come first! 5 174

Urban Trunk Corridors  Seven key corridors carry 45% of AC Transit weekday ridership • International • Telegraph • Broadway/Santa Clara • College/University • San Pablo • MacArthur • Foothill

 Urban Trunk strengths: high ridership, productivity and farebox recovery  Opportunities for improvement: shorter waits, faster operating speed, service structure, branding

6 175

Operating Speeds  Productivity is a function of both ridership generation and revenue hours required for the service. The two key elements of revenue hours are frequency and operating speed. Average

Rapid

Urban Trunk

Local

Productivity

50.1

46.4

25.8

Speed (mph)

11.4

9.5

10.7

 Improving operating speed pays off in two ways: 1. Faster travel attracts more customers and operating revenue 2. Faster service requires fewer hours and buses, reducing operating costs.

 Improving operating speeds by 1 mph (10%) will benefit the operating budget by $15 million.

7 176

Service Structure and Branding  Match service products with corridor needs and travel patterns • Operate Local and Rapid/BRT transit on the same corridor • Operate a single, highly frequent service with stop spacing in between Local and Rapid/BRT

 Optimize distribution of frequency between Rapid/BRT and Local operating the dominant service at 10 minute headways or better  Use branding to communicate the customer experience: shorter waits, faster travel, comfortable environment

8 177

Transbay Service Performance …a look at an average AM peak Route U bus arriving at the Stanford Oval

Each seat costs $5.60 to operate (one-way trip); with 49 seats filled it costs AC Transit $3.51 in subsidy per passenger 9 178

Transbay Service Performance …versus an average AM peak Transbay S bus pulling into San Francisco

Each seat costs $7.50 to operate (one-way trip); with 21 seats filled it costs AC Transit $14.39 in subsidy per passenger 10 179

Transbay Service Performance

Transbay (peak): $9.35 Urban Trunk Routes: $2.50 Local Routes: $5.00

11 180

Transbay Service Strategies  High-Density Residential Market Service (one-seat) – focus service on high density corridors with limited stops or potentially on-route park-and-rides  Park-and Ride Service (one-seat) – reorient service around 1-2 park-and-ride facilities with space for around 35-40 cars per trip  Service to BART Stations (two-seat) – serves San Francisco indirectly via frequent service to nearby BART station. Should be integrated with core area network and can be local shuttle or peak period limited-stop enhanced bus service to maximize customer experience.

12 181

Next Steps

13 182

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183

Report No: Meeting Date:

12-249 December 12, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

Planning Committee AC Transit Board of Directors

FROM:

David J. Armijo, General Manager

SUBJECT:

Quarterly Report on District Involvement in External Planning Processes

BRIEFING ITEM RECOMMENDED ACTION(S): Consider receiving report on District Involvement in External Planning Processes, AugustNovember, 2012 EXECUTIVE SUMMARY: Staff continued to participate actively in planning processes affecting the AC Transit district. The West Oakland Specific Plan was particularly active during this period. The Alameda County Transportation Commission's Countywide Bicycle and Pedestrian Plans were completed and approved during this period, as was Fremont's Climate Action Plan (see Attachment A for background on completed plans). EIRs and Plans were being developed for ABAG's Sustainable Communities Strategy and MTC's Regional Transportation Plan. BUDGETARY/FISCAL IMPACT: There is no fiscal impact associated with this report.

BACKGROUND/RATIONALE: Major Activities this Quarter Oakland's planning efforts continued to be important to AC Transit in this period. A Notice of Preparation (NOP) for an Environmental Impact Report (EIR) on the West Oakland Specific Plan was released andAC Transit participates in the Technical Advisory Committee for this plan .. Staff analysis of the plan highlighted our concern about the lack of specificity in the NOP, making it difficult to understand the Plan's likely impacts. We also expressed concern about the excessive and premature emphasis on a streetcar loop - designated as the " 0"-in the transportation section of the Plan. The Plan focuses on identifying subareas of West Oakland which would be appropriate for additional commercial and residential growth, including a proposed high tech zone around Grand Ave. & Mandela Parkway.

184

Report No. 12-249 Page 2 of 3 Although the EIR for Oakland's Broadway-Valdez Plan is still being prepared, the city released a NOP 1

for a 36,000 square foot single story commercial building at 30 h & Broadway in the Plan area .. The Inner East Bay Comprehensive Operational Analysis (COA), initiated by MTC, has been a forum for analysis of the transit system and for collaboration with BART. AC Transit, BART, and MTC are seeking to identify a mutually acceptable joint fare pilot project. Candidate pilot projects discussed so far include an East Bay transit pass and greater fare discounts for passengers transferring between the two systems. Selection of a recommendation for a pilot project is expected by the end of the year. We have also discussed the appropriate roles of AC Transit and BART in serving the East Bay. Some participants in the process have argued that AC Transit's Transbay service is expensive to operate relative to our other service, and should be scaled back. Some routes could be modified to feed BART stations instead. However, BART staff has raised concerns about a strategy of diverting AC Transit passengers to BART, since they expect BART to experience capacity constraints at least during the next few years. Analysis of how to approach this issue continues. Also at the regional level, staff work continued on the EIR for ABAG's Sustainable Communities Strategy and MTC's Regional Transportation Plan. In May, MTC and ABAG approved the "Preferred Land Use and Transportation Investment Strategy" which outlines growth targets and transportation improvements for Bay Area communities. This document is now being formulated into the final "Plan Bay Area" and the EIR on it. Release of those documents is scheduled for Spring 2013. Upcoming Activities Oakland's draft Lake Merritt Station Area Plan (and EIR) are projected for release soon, with a community workshop on the Plan scheduled for Saturday, December 15. The cities of Hayward, Albany, and-at an undetermined later date-EI Cerrito will be initiating updates to their General Plans. MTC will be kicking off the Tricity/TriValley transit study, evaluating transit service and institutional structure in the Fremont/Newark/Union City and Livermore Valley areas. As requested by the Board, the report identifies a subset of priority planning processes. The priority processes are: •

Broadway-Valdez Plan (City of Oakland)



Complete Streets Policy (ACTC)



Inner East Bay Comprehensive Operational Analysis/ Transit Sustainability Plan (MTC)



Lake Merritt Station Area Specific Plan (Oakland)



Regional Transportation Plan (MTC) and Sustainable Communities Strategy (ABAG),



Livable Corridors Plan (Richmond), and the



West Oakland Strategic Plan (Oakland).

185

Report No. 12-249 Page 3 of 3

ADVANTAGES/DISADVANTAGES: The advantage of participating in these planning processes is that AC Transit gets opportunities to influence decisions by cities, counties, and other agencies that affect transit and land use. AC Transit also learns about the programs, projects, and plans of cities and other agencies. The District has viewed it as positive when cities ask us to participate in their processes and we have sought to honor those requests. The disadvantage is that participation in these processes can be time-consuming and sometimes conflict.

ALTERNATIVE ACTIONS: AC Transit could withdraw from participation in all or some planning processes, or limit our participation to sending letters.

PRIOR RELEVANT BOARD ACTIONS/POLICIES: Previous Quarterly Reports including GM Memo 12-180

ATTACHMENTS:

Attachment A-Planning Tracker, provides an overview of all of the major planning activities that are being conducted either by external agencies or District staff. Attachment B-EIR Tracker, provides a project by project summary of development projects that are progressing through the environmental review process. This list provides a description of the project, as well as any staff action taken or planned. Department Head Approval:

Dennis Butler, Planning and Development Officer

Prepared by:

Nathan Landau, Senior Transportation Planner

186

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187

rldii/1"\.""LIYity

Name

Plan Sponsor IStatus

I

11

z Plan

lr

Dlete Streets Policv

I Plan Description

1City

of Oakland Plan being refined Land use/redevelopment as Environmental plan for area between Impact Report Grand Ave. & 1-580 around (EIR) EIR is being Broadwacy prepared lnitiated-ACTC has ACTC to develop complete 1/"'\ldlllt:::Ud County held preliminary 'streets policy for c·iti.::..c::: ... --, tf'l __ apply to ACTC and MTC Transportation oworkshoo fo mrlinn Commission (ACT C)

AC Transit's Areas of lAC Transit Interest Involvement

Meeting 1... -L-~ule

~Types of transit provided, ITAC memoer role of line 51 A, potential shutttles, streetcar

I~0 rYit::t::llriY

Assuring that complete

~~~~.~__e~

vUIIt::IILIY

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scheduled

ITAC member

c:::tr.::...::..tc::: ~--· ---- ~-··-·--

I

adequately incorporate the needs of transit ioperations

~~;~";;;;':;," early

2013

I IInner East Bav prenensive op :vsis (COAl/ l<> .. ~+~;"~bilitv Plan ITSPl

ovoeiropoman Transportation Commissuion

Draft Plan to be released in December

l

Major transit plan-develops strategy for service and institutional coordination between transit agencies

Assuring that the Plan correctly understands AC Transit's markets and proposes strategies that serve AC passengers.

Key participant. Ongoing TAC and Spinoff COA Policy Committee studies of AC meetings Transit Transbay vice, Urban Core service, and main corridors underway -;\<

Lake Merritt Station Area Plan

City of Oakland Administrative Draft Land use/area plan for with BART and Plan has been radius around Lake Merritt Laney College released, EIR being BART, including Chinatown prepared

I

I· ·

-- ·,. :·•·,.

Livable Corridors Plan

1City

of Richmond

I

u

Assuring that Plan TAC member policies recognize and support bus transit in that area

Assuring that IAavosory thoroughfare standards Committee and streetscape plans n"rti~in,nt aaccomodate transit

·c:;:•:.l

~>

Page 1 of4 188

-

·J ·.

Charette summary Preparation of form-based prepared, draft plan zoning code for San Pablo being prepared Ave., Macdonald Ave., 23rd St. including "thoroughfare standards."

Community Meeting on Draft Plan December 15 -

-

V1

"'._.

IV

...

,:.,

INo

"" ~

Qj

n ::r

3

--

I

--

.,-

__

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Plan/Activity Name

Plan Sponsor Status

Regional Transportation Plan Metropolitan Transportation Commission (MTC)

Sustainable Communities Strategy

·. ·:

--~·{·;_

, •.•.

i':·.·}~·.:;-;:

Association of Bay Area Governments (ABAG)

·-. ·•····. .

•.. . . . ··:~····?

West Oakland Strategic Plan Oakland

PLANNING PROCESSES Adaptation to Rising Tides

Preferred alternative selected, EIR process with Sustainable Community Strategy underway (see below) Preferred alternative selected, EIR process with Regional Transportation Plan underway (see above)

Plan Description

AC Transit's Areas of Interest Major transportation plan: Assuring that AC Plan for transportation in Transit's capital and region to 2040, being done operating needs are met in conjunction with to the greatest possible Sustainable Communities degree in an overall Strategy transit supportive plan

AC Transit Involvement TAC member in Regional Advisory Working Group (ended) and Equity Task Force

Meeting Schedule Except for Equity Task Force, Meetings have been on hiatus as EIRbeing developed

Major region-wide land use plan to implement state (AB 375) mandate to redirect growth to transit-served Priority Development Areas (PDAs)

TAC member

Meetings on hiatus as EIR being developed

.....

.

Development

Alameda Point Transportation Strategy

Alameda city

Development

Albany Transit Plan

Albany

Development

Plan for adapting to rising sea levels Plan for improved transit to support redevelopment of Alameda Point and reduce traffic citywide Plan for transit service in Albany

Page 2 of4 189

.

~·-

Land use and Notice of Preparation of EIR transportation plan for on Plan concept West Oakland issued, AC Transit commented

BCDC

Maintaining transit supportive land use patterns in the SCS, assuring that the SCS recognizes the role of bus transit in supporting transit-oriented development

Assuring that transit concepts are appropriate, feasible, and integrate with AC Transit

.

TAC member

Stakeholder Bus routes in impacted areas Key stakeholder Aligning service with demand, funding and offisland service Aligning service with demand, funding, existing routes

Key participant

..

As needed

Irregular None

None scheduled

Plan/Activity Name

Plan Sponsor Status

Plan Description

Americas Cup Preparation

San Francisco

AC Transit implemented service for 2012 rounds of Americas Cup-impacts on AC

Plan to handle transit, traffic for 2012 Americas Cup events in SF

AC Transit's Areas of AC Transit Meeting Interest Involvement Schedule Impact on Transbay StakeholderNone scheduled service, especially on consulted with by weekday PM city of San Francisco

- -

Central Estuary Plan

Oakland

"Implementation Guide" and NOP on its EIR issued

Land use plan for inner E. Oak area

Support for TOD

Countywide Bicycle and Pedestrian Plans

ACTC

Both plans approved by ACTC Board

Update of Alameda County plan for bikeway network and funding priorities for bicycle/pedestrian improvements

Transit network shown in TAG member plan for peds to connnect to, key transit nodes for bicycles

Plans approvedfurther action not needed

Quarterly

Stakeholder

Dumbarton rail project planning Caltrain with MTC, VTA, ACTC

Rail service plan and Interim Bus Service expansion interim bus plan for Dumbarton corridor implemented

Short term--support and expand existing bus service; long term-provide connectivity between AC buses and Dumbarton rail

El Cerrito General Plan Update El Cerrito

Announced

Issues not yet defined-- Participation plan Not before Fall due generally, improving San is not yet defined to budget constraints Pablo as transit corridor

New General Plan

Page 3 of4 190

TAG Member

None

Plan/Activity Name

Plan Sponsor Status

Fremont General Plan and Climate Action Plan

Fremont

General Plan and Climate Action Plan now approved by City Council

M LK/Peralta Streetscape Project

Oakland

AC Transit commented on plans in November

Streetscape improvement plan for Peralta Street, MLK, Grand and 40th St.

Mission Boulevard Corridor Specific Plan

Hayward

Plan being developed

Helping transit-oriented Land use plan and form based (zoning) code for development Mission Boulevard corridor

Parking Regulations Update

Oakland

Announced

Update to Oakland Zoning Ordinance to modern ice parking provisions

Issues not yet defined-generally, reducing excess parking requirements

Participation plan Not yet scheduled is not yet defined

West County Transportation Plan

WCCTAC

Being initiated-WCCTAC Board has approved concept

Plan for transportation facilities and congestion reduction in 1-80 corridor in West County

Improving transit operations in West County, assuring that proposals do not lead to increased auto travel

Key participant

1-880 Integrated Corridor Management (ICM)

MTC/Caltrans

Plan being developed

TAG member Ensuring that projects Will provide Corridor developed are useful to Management Concept, sucfh as signalizaton, AVL AC transit and that AC for buses, message signs, Transit is not required to in the 1-880 corridor fund ICM elements

Plan Description

AC Transit's Areas of Interest New General Plan for city. Maintaining AC Transit's Plan places more role given plan's interest emphasis on development in shuttles, streetcar on transit corridors

AC Transit Involvement Stakeholder-consulted with by city of Fremont

Roundabouts on Peralta TAG member

Meeting Schedule Plans approvedno further meetings needed

No meetings currently scheduled

Stakeholder-Planning consulted with by Commission Hayward staff Review in Spring 2013

Not yet scheduled

I

Page 4 of4 191

Meetings to be scheduled

City/Sponsor

Project Name I Description

Oakland

TBD Central Estuary Implementation Guide N Emerald Views Project--42 story residential highrise with 370 for sale units near 19th & Lakeside y Kaiser Center Project--Add 2 new towers with @1 ,500,000 sq. ft. of net new development y Macarthur-High 115 senior apartments North Park Street Regulating No Code--Zoning Plan for area of Alameda Macarthur Transit Village-Not on EIR 624 residential units; 42,000 sq . ft. commercial space

Oakland

Oakland

Oakland Alameda

Oakland

Respond? Y/NfrBD

I

NOP Received

Advanced Notice

NOP NOP Comments Comments Sent Due No No

EIR Received

I:IK EIR Comments Comments Sent Due 12/24/2012 NA 11/11/2011 No

Final Received

No

. 11/21/2011

No

11/9/2007

No

No

10/4/2011

Yes

5/25/08

6/23/08

6/23/08

8/ 19/10

10/7/10

10/6/10

4/25/11

No

5/23/11

6/16/ 11

6/16/11

10/26/12

12/ 10/12

No

NA

No

5/16/ 11

6/15/11

NA

1/14/12

2/20/12

NA

NA

Yes

2/20/06

3/16/06

3/15/06

2/2/08

3/17/08

No

5/26/08

11/9/2012

NA

I No

Richmond

Richmond Bicycle and Pedestrian Plan--Mitigated Negative Declaration

y

Yes

Not Applicable

NA

NA

8/ 19/1 1

9/ 19/11

9/ 19/ 11

11 / 1/11

Richmond

Richmond Greenway-Extending Richmond Greenway Trail across San Pablo Ave. to connect with Ohlone Greenway

N

Yes

Not Applicable

NA

NA

Notice of Mitigated Neg DecMay 27, 2011

6/27/11

No

Not Applicable

Oakland

Rockridge Shopping Center-Replace existing shopping center with 260 ,000 sq. ft. shopping center Safeway on Solano-Initial proposal: build new retail store and other shops totalling 63,000 square feet

y

Yes- Met with Safeway

6/29/09

7/30/09

7/30/09

Pending

NA

NA

NA

Albany

Vl

;;o

...... N N' ~

1.0

TBD

-

Yes-now in preapplication p_!lase

Pending

Not Applicable

NA

NA

NA

NA

NA

;::

.-+

Ill (")

:::T

3

11) :::;)

OJ

Page 1 of 3 192

City/Sponsor

Project Name I Description

Oakland

Oakland

San Francisco

Albany

Oakland

Berkeley

Berkeley

Respond? Y/N/TBD

Advanced Notice

NOP Received

Safeway Shopping Ctr.-College & Claremont Aves New Safeway @25,000 sq. ft. larger than existing store plus 11 ,500 sq. ft. of additional retail

y

Yes-Met with Safeway

10/30/09

Shops at Broadway 30013039 Broadway, 36,000 sq. ft. of single story commercial Treasure Island & Verba Buena Island Area Plan

y

7/27/12

8/31/12

8/31/12

Pending

NA

NA

NA

1/26/08

2/26/08

No

7/12/10

9/10/10

9/10/10

3/12/11

y

YesDiscussed with City staff Yes-Met with TIDA staff Yes

Date missing

4/29/08

No

7/6/09

10/5/20009

10/5/09

5/19/11

y

No

11/13/10

12/9/10

12/8/10

Pending

Not Applicable

NA

NA

No

Yes

10/20/11

11/17/11

No

Pending

NA

NA

NA

No

No

Not Applicable

Not Applicable

Not Applicable

Notice of Mitigated Neg Dec-November 1' 2011

12/1/11

NA

NA

University Village Retail Mixed Use Project (Whole Foods)--55,000 sq. ft. grocery store, 30,000 sq. ft. other retail, 175 senior housing units Victory Court Ballpark-Mixed use project with 39,000 seatb ballpark, up to 180,000 sq . ft. retail, 540,000 sq . ft. office, 700 residential units 2133 University Ave.--Total of 203 housing units, 20,000 sq . ft. commercial space in rehabilitated and new buildings, Acheson Commons 2598 Shattuck/2037 Parker-155 residential units with retail

y

-

-

Page 2 of 3 193

NOP NOP Comments Comments Due Sent 12/1/09 11/30/09

EIR Received 7/5/11

t:.ll'( EIR Comments Comments Sent Due 8/16/11 8/12/12

Final Received 7/6/12

City/Sponsor

Project Name I Description

Respond? Y/N/TBD

Advanced Notice

NOP Received

Oakland

325 7th St. -380 condominium units in two towers

y

No

12/21 /07

Oakland

1800 San Pablo-120,000 sq. ft. commercial space on existing surface parking, modifies previous IEIRs

No

10n111

NOP NOP Comments Comments Sent Due 1/16/07 No

EIR Received

10/1 8/10

~IK EIR Comments Comments Sent Due 12/10/10 12/10/10

Final Received

7/5/1 1

..

No

Page 3 of 3 194

11n111

No

7/10/12

8/20/12

No

10/31/12

This page intentionally blank 

195

Report No: Meeting Date:

12-248 December 12, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

Planning Committee AC Transit Board of Directors

FROM:

David J. Armijo, General Manager

SUBJECT:

Quarterly Report on the Transbay Transit Center Project

BRIEFING ITEM · RECOMMENDED ACTION(S): Consider Receiving Quarterly Report on the Transbay Transit Center (TTC) Project. EXECUTIVE SUMMARY: Transbay Joint Powers Authority (TJPA) design consultant is finalizing responses to AC Transit staff' s review of the 95% design oft he TTC bus deck, and they are updating design documents to proceed to a 100% design package for final District review .. District staff reviewed and provided comment on the 90% bus ramp design submittal in October 2012. TJPA design consultant is preparing responses to staff comments and proceeding to prepare a 100% design package for final District review by early 2013. District staff has worked closely with the TJPA to install bollards and benches in key locations around the temporary terminal. The bollards and benches were installed to direct pedestrians to crosswalks and attempt to eliminate incidents where pedestrians are cutting across roadways in the t erminal. BUDGETARY/FISCAL IMPACT: There are currently no budgetary/fiscal impacts related to the Transbay Transit Center Project Quarterly Report. In the future, staff will provide budgetary/fiscal impacts related to the maintenance, operations and lease terms for the Bus Storage Facility (BSF). BACKGROUND/RATIONALE: New Transbay Transit Center

Construction The TJPA is responsible for management of the TTC Buttress, Shoring and Excavation (BSE) contract and is currently reporting that the construction is on schedule. The $200 million BSE contract is a pre-cursor to construction of the train box. The welding of cross lot steel bracing and tieback installation was recently completed, and mass excavation and trucking of soils continues to be a 24 hour activity. The TJPA and its contractors continue to coordinate with

196

Report No. 12-248 Page 2 of 3 local utility companies to relocate and upgrade utilities in preparation for TIC construction. The BSE contract is expected to be completed by 2014. Bus Deck Design Review

Staff anticipates a complete set of responses to our comments on the 95% design in early 2013. Staff will continue coordinating closely with TJPA and the design team to expedite thorough and satisfactory responses and ensure the District's operational needs are met. Staff will continue to regularly update the board on this design review process. Communications and Technology Design

The design of the communications system and other technology for the Transbay Terminal remains a critical part of the project, and provides the tools needed to ensure the bus deck is managed as smoothly as possible. Staff is coordinating with the TJPA's communications/information systems consultant to ensure AC Transit's communications needs are met for both bus operations and the customer experience. Staff is awaiting release of the program document which should further identify project requirements. Bus Ramps Staff reviewed the 90% bus ramps design submittal and provided comments to the TJPA on October 4, 2012. The TJPA and the design team reviewed the comments with District staff on November 19, 2012. District staff continues to work with the TJPA and Caltrans to ensure the ramp designs are conducive to the recirculation and staging of buses, which play a critical role in the success of transit service at the new Transbay Transit Center. AC Transit and the TJPA in collaboration with the San Francisco Planning Department have worked to minimize the impacts of the design of the Bus Ramps on the ground plane where the City anticipates future development. This primarily includes the lighting design details and the shadows cast by the ramps. After performing a more thorough analysis and evaluation of lighting needs in accordance with current industry standards of practice on a national and local level, the TJPA's lighting consultant has made a number of upgrades and modifications to the original design. Staff and the TJPA are amenable to the design modifications which improve bus operations. Due to the importance of these design elements, TJPA design staff has provided overviews of the current status of the ramp designs, and AC Transit has provided critical input on the items being presented. A copy of these presentations is attached. TJPA is progressing toward a 100% design submittal by early 2013. Staff will continue to keep the board informed on the progress of the Bus Ramps design and coordination activity with the City and Caltrans. After completion of the design in early 2013, the TJPA anticipates construction of the TIC Bus Ramps beginning in mid 2013.

197

Report No. 12-248 Page 3 of 4 Bus Storage Facility BSF design documents are currently under Caltrans review. Staff anticipates further meetings to discuss design details, facility ingress and egress, and how to fund the maintenance, operations and lease. Temporary Terminal In response to pedestrians cutting across the temporary terminal roadways rather than using existing crosswalks, staff has worked closely with the TJPA to install permanently anchored bollards and benches in key locations around the terminal to direct pedestrians to crosswalks and attempt to eliminate incidents of where pedestrians are cutting across roadways. District staff will continue to monitor pedestrian activity closely and consider additional measures in the future if the problem persists. AC Transit's Next Steps and Critical Path Items • • • • •

Continued coordination with Caltrans Review the TJPA's responses & updates to the 95% CD for TTC and 90% bus ramp designs Review the 100% design of bus ramps Determine maintenance, operations and lease terms for the BSF Consider mitigations for impacts to AC Transit's Transbay operations as a result of the extended construction schedule of the TTC

PRIOR RELEVANT BOARD ACTIONS/POLICIES: GM Memo 12-018:

Update on staffs review of the 95% Construction Documents for the Transbay Transit Center

GM Memo 12-029:

Quarterly report on the Transbay Transit Center Project

GM Memo 12-179:

Quarterly report on the Transbay Transit Center Project

ATTACHMENTS: 1. Transbay Transit Center Bus Ramp Design Update- presented by ARUP

Department Head Approval:

James D Pachan, Chief Operating Officer

Reviewed by:

Robert del Rosario, Director of Service Development and Planning Kenneth C. Scheidig, Interim General Counsel

Prepared by:

Wil Buller, Traffic Engineer

198

This page intentionally blank 

199

Report 12-248 Attachment 1

Transbay Transit Center Bus Ramp Design Update

November 14, 2012

Agenda 1.

Overview

2.

Status

3.

Supervisor Booth

4.

Errant Motorist

5.

Lighting

2

200

Agenda 1.

Overview

2.

Status

3.

Supervisor Booth

4.

Errant Motorist

5.

Lighting

3

Bus Ramps Overview

4

Transbay Transit Center Program

201

San Francisco / Oakland Bay Bridge

6

202

Howard Street

Tehama Street

Clementina Street

Howard Street

Tehama Street

Clementina Street

Folsom Street

From Bay Bridge Westbound

Folsom Street

Harrison Street

(E) Bay Bridge West Approach (Westbound)

Harrison Street

To / From Bus Storage Facility

(E) Bay Bridge West Approach (Westbound)

Bus Ramps Overview

EXIT RIGHT TO HARRISON

Transbay Transit Center

San Francisco / Oakland Bay Bridge

5

Bus Ramps Overview – Inbound Buses

EXIT RIGHT TO HARRISON

Transbay Transit Center

San Francisco / Oakland Bay Bridge

8

203

Howard Street

Tehama Street

Clementina Street

Folsom Street

Harrison Street

To Bus Storage Facility

(E) Bay Bridge West Approach (Westbound)

Howard Street

Tehama Street

Clementina Street

Folsom Street

Harrison Street

(E) Bay Bridge West Approach (Westbound)

Bus Ramps Overview – Outbound Buses

EXIT RIGHT TO HARRISON

Transbay Transit Center

San Francisco / Oakland Bay Bridge

7

Bus Ramps Overview – Buses to Storage Facility

EXIT RIGHT TO HARRISON

Transbay Transit Center

San Francisco / Oakland Bay Bridge

10

204

Howard Street

Tehama Street

Clementina Street

Folsom Street

Harrison Street

(E) Bay Bridge West Approach (Westbound)

Howard Street

Tehama Street

Clementina Street

Folsom Street

Harrison Street

From Bus Storage Facility

(E) Bay Bridge West Approach (Westbound)

Bus Ramps Overview – Buses from Storage Facility EXIT RIGHT TO HARRISON

Transbay Transit Center

San Francisco / Oakland Bay Bridge

9

Bus Ramps Overview – Inbound Staging

EXIT RIGHT TO HARRISON

Transbay Transit Center

(E) Bay Bridge West Approach (Westbound)

Bus Ramps Overview – Inbound Staging

EXIT RIGHT TO HARRISON

San Francisco / Oakland Bay Bridge

11

205

Howard Street

Tehama Street

Clementina Street

Folsom Street

Harrison Street

Transbay Transit Center

Agenda 1.

Overview

2.

Status

3.

Supervisor Booth

4.

Errant Motorist

5.

Lighting

12

Status - Schedule

13

206

Agenda 1.

Overview

2.

Status

3.

Supervisor Booth

4.

Errant Motorist

5.

Lighting

14

Supervisor’s booth EXIT RIGHT TO HARRISON

Harrison Street

To / From Bus Storage Facility

Transbay Transit Center

San Francisco / Oakland Bay Bridge

15

207

Howard Street

Tehama Street

From Bay Bridge Westbound

Clementina Street

Supervisor’s booth

Folsom Street

(E) Bay Bridge West Approach (Westbound)

Supervisor’s Booth

Supervisor’s Booth on Ramp ƒ Space for two personnel ƒ ADA accessible

ARUP

16

208

Agenda 1.

Overview

2.

Status

3.

Supervisor Booth

4.

Errant Motorist

5.

Lighting

17

Errant Motorist – Signing and Striping

BUS ONLY

FREMONT ST FOLSOM ST

ALL

TIMES

Proposed Sign

Existing Sign

Chevrons “BUS ONLY” Pavement Marking

18

209

18” White Stripe

Harrison Street

Errant Motorist – Signing and Striping EXIT RIGHT EXIT RIGHT TO HARRISON TO HARRISON

Access control gate opens for exiting motorist

SB DIRECTION

Transbay Transit Center

Tehama Street

Clementina Street

From Bay Bridge Variable Message Sign Westbound

Folsom Street

USE RIGHT NB DIRECTION LANE

San Francisco / Oakland Bay Bridge

19

Errant Motorist – Anti-Ram Barrier

20

210

Howard Street

Anti-Ram Barrier (Normally lowered)

MUST EXIT USE RIGHT LANE MUST EXIT

Agenda 1.

Overview

2.

Status

3.

Supervisor Booth

4.

Errant Motorist

5.

Lighting

21

Roadway lighting Post-Top Lighting

Lighting at Barrier

22

211

Post-Top Lighting

23

Lighting at Barrier

Section Through LED Light at Guardrail

Isometric Section Through Sensor and Light

24

212

Questions?

25

213

Report No: Meeting Date:

12-310 December 12, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

Operations Committee AC Transit Board of Directors

FROM:

David J. Armijo, General Manager

SUBJECT:

A-E Contract Award, District Wide Elevator Modernization

ACTION ITEM RECOMMENDED ACTION(S):

Consider approving contract award to McKim Design Group of San Jose, CA, for the design of the District Wide Elevator Modernization Project. EXECUTIVE SUMMARY:

The District Wide Elevator Modernization Project covers eleven (11) total elevator upgrades located at three (3) operating Divisions and the Central Maintenance Facility. The Architectural and Engineering (A-E) firm shall prepare plans/specifications, construction cost estimate, provide bidding administration, and construction support services in order to coordinate the construction contractor and elevator retrofit contractor work. The District anticipates the elevator project to commence in January 2013 and continue through March 2014. This recommendation for award is the result of a Request For Qualifications (RFQ) advertised on the District's web site. Two firms responded to the solicitation and the technical evaluation by District staff determined McKim Design Group to be the most qualified. McKim Design Group, the prime Architectural and Engineering firm with elevator experience intends to retain three sub-consultants. The three sub-consultant are JSG Elevator Consultants, Hohbach-Lewin, Inc., and Alfa Tech. The contract has a fixed fee value of $150,025 and a term extending from contract award for 14 months. BUDGETARY/FISCAL IMPACT: District Wide Elevator Contracts

FTA State of Good

District Funds

Total Contract

Repair Grant

A&E Contract (This contract award)

120,020

30,005

150,025

Construction Contracts (Estimated)

1,040,000

260,000

1,300,000

1,160,020

290,005

Total:

214

Report No. 12-310 Page 2 of 3

BACKGROUND: The existing elevators at the Emeryville, Seminary, Hayward and Central Maintenance Facility were installed between 1984 and 1987 and have reached the end of their useful lives. The Richmond Division is not being considered as part of this contract due to the prior closure; if the District opts to re-open the Richmond Division, the elevators there would require assessment. The General Office building is already under separate contract for renovation work. The District advertised a Request-for-Qualifications (RFQ) for A-E firms specializing in Elevator modernization via the AC Transit website. In addition, approximately 132 firms received an email notification regarding the RFQ. The District received two applications and evaluated them with an inter-disciplinary team of District engineers. Evaluators reviewed each application, evaluated and scored the submittal based on the following criteria published in the RFQ: Specialized experience Professional qualifications and technical competence of team members and depth of firm Capacity of firm to accomplish the work in the required time Past performance Firm's knowledge and experience with applicable regulatory agencies and ability to serve AC Transit's East Bay locations 6. Quality control program 7. Sustainable design and planning 8. Volume of work

1. 2. 3. 4. 5.

The scores are summarized in the table below.

Firms That Responded McKim Design Group Vertical Transportation Excellence

Score 88

62

A firm, fixed fee of $150,025 was negotiated with the highest ranked firm, McKim Design Group. The period of performance is estimated to be from contract award through March 2014. McKim Design Group proposes a team comprising the following firms:

Prime Consulting Firm McKim Design Group, Architects and Engineers, San Jose, CA Sub-Consulting Firms JSG Elevator Consultants, San Jose, CA Hohbach-Lewin, Inc. Structural Engineers, Palo Alto,

Certified DBE/SLBE No

#of Employees 5

Small Business Yes

No No

1

so

Yes No

No

81

No

CA Alfa Tech, Mechanical/Electrical Engineers, San Jose, CA

215

Report No. 12-310 Page 3 of 3

ADVANTAGES/DISADVANTAGES: Advantages of elevator modernization include: • • • • • •

Extends useful life Reduces costly emergency repairs Enhances energy efficiency Increases performance and reliability Provides modern equipment including enhanced safety features ADA compliant installations

Staff cannot identify disadvantages associated with implementing these repair projects.

ALTERNATIVE ACTIONS: There are some alternatives the District could choose. •

Do nothing. Accept the condition of the elevators as they are, making emergency repairs as necessary. This approach allows further deterioration resulting in ever increasing repair and maintenance costs including risk of shutdown closures.



Defer the repairs. This alternative will cause further deterioration resulting in increased repair costs and invite potential health and safety complaints in the interim.

PRIOR RELEVANT BOARD ACTIONS/POLICIES: GM Memo 11-154, Consider Recommending the Adoption of Resolution No. 11-031 Authorizing the Interim General Manager, or her Designee, to File an Application for State of Good Repair Bus and Bus Facilities Initiative Program Funds. July 27, 2011.

ATIACHMENTS: There are no attachments.

Approved by:

Dennis W. Butler, Chief Planning and Development Officer

Reviewed by:

Chris Andrichak, Capital Planning and Grants Kenneth C. Scheidig, Interim General Counsel David Armijo, General Manager Craig Michels, Sr. Project Manager

Prepared by:

216

This page intentionally blank 

217

Report No: Meeting Date:

T,I;WIVS/T

12-309 December 12, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

AC Transit Board of Directors Operations Committee

FROM:

David J. Armijo, General Manager

SUBJECT:

Real-Time Bus Arrival Information System Providers

BRIEFING ITEM RECOMMENDED ACTION(S): Consider authorizing the Purchasing Department to issue a solicitation for real-time bus arrival information system providers. EXECUTIVE SUMMARY: The District gets bus arrival prediction information from NextBus, Inc. AC Transit's seven years contract with NextBus, Inc. ends on April 20, 2013. A follow-on contract with a provider of bus arrival prediction information is required to maintain this important capability. By competitively procuring this service, the District will receive the benefits of competition. BUDGETARY/FISCALIMPACT: The current operating cost of real time bus arrival service is $160,000. BACKGROUND/RATIONALE: The District's contract with NextBus expires in April 2013. The Nextbus system uses the District's Automatic Vehicle Locator (AVL) data and the District's dispatch/coach assignment information to predict bus arrival time. These predicted bus arrival times are distributed to passengers via electronic signage and Sll.org. Staff anticipates a multi-year contract that will terminate when the proposed Computer Aided Dispatch/Automated Vehicle Locator (CAD/AVL) system is in place in 3-5 years. ADVANTAGES/DISADVANTAGES: Solicitations for bus arrival prediction services garner the benefits of competition and helps assure the District of the best prices.

218

Report No. 12-309 Page 2 of 2

ALTERNATIVE ACTIONS: 1:

Do nothing. The District may elect to extend the Next Bus contract without competition.

2:

Build an internal prediction tool using TriMet or similar Open Source software. This will require the District to hire a skilled in-house technical development team. The hiring and development process may take 1-2 years. This would present something visually different to AC Transit riders, potentially for just a year or two, until the District implements a new CAD/AVL system (if it includes this feature). Developing AC Transit's own custom solution would add project risk.

PRIOR RELEVANT BOARD ACTIONS/POLICIES: There are no prior relevant Board Actions associated with this report. ATTACHMENTS: There are no attachments associated with this report.

Department Head Approval:

Dennis Butler, Chief Planning and Development Officer

by: Prepared by:

Kenneth C. Scheidig, Interim General Counsel

Reviewed

Kashyap Sharma, IS Project Manager

219

Report No: Meeting Date:

12-295 December 12, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

Planning Committee AC Transit Board of Directors

FROM:

David J. Armijo, General Manager

SUBJECT:

Issue a Request for Proprosals for PeopleSoft Hosting Providers

ACTION ITEM RECOMMENDED ACTION(S):

Consider Authorizing the Purchasing Department to Issue a Solicitation for PeopleSoft Hosting Providers. EXECUTIVE SUMMARY:

The District's PeopleSoft applications are hosted in an offsite data center via a contract with the Oracle Corporation. That contract expires at the end of 2013, and District staff desire a competitively-awarded multi-year follow-on contract. Awarding to a different hosting provider will require many months of effort to migrate code and perform adequate testing, so now is the time to start the procurement process. BUDGETARY/FISCAL IMPACT:

The issuance of a solicitation has no budgetary or fiscal impact. However, if the solicitation results in a contract award, the District intends to use the operating funds budgeted annually for this service.

BACKGROUND/RATIONALE:

The District began the Finance-Human Resource (FHR) project in 2007 to upgrade its existing PeopleSoft Human Capital Management (HCM) application and to implement both PeopleSoft Financials (FIN) and Portal, forming the three 'pillars' of its system. Staff determined that it was both safer and more cost-effective to have the application installed, monitored and supported offsite at a "hosting provider" with more robust facilities and technical staff available 24x7. The contract and extensions awarded to Oracle Corp. for hosting at their partner facility, NaviSite Inc., in San Jose, California, expire in late 2013, but can be cancelled at any time upon 60-days notice.

220

Report No. 12-295 Page 2 of 2

ADVANTAGES/DISADVANTAGES: Advantages: With this procurement, the District will ensure that its PeopleSoft applications are hosted in a robust facility, supported by qualified staff, at competitive rates. Disadvantages: Staff can identify no disadvantages associated with issuing this solicitation. ALTERNATIVE ACTIONS: Do nothing. The Board could opt to continue PeopleSoft Hosting under the recently authorized extended contract, which expires 12/30/2013. Migrate the application in-house. PeopleSoft is a large, complex application unlike anything that the District currently supports in-house. It would require at least four and likely six full time employees, plus significant additional computing resources, to begin to approximate the robust support that most hosting providers offer.

And this would bring it to a more seismically

dangerous location. Move to a different Financial and/or Human Resources application suite. The District has invested roughly $22M over the last five years in PeopleSoft. While much development remains, and significant training is needed to make staff use of the application more effective, moving to a different application would incur significant expense. PRIOR RELEVANT BOARD ACTIONS/POLICIES: GM Memo 12-288: Authorize the General Manager to Enter Into a Twelve-Month Extension of the PeopleSoft Hosting Agreement to December 30, 2013 with a Sixty-Day Termination Clause. ATTACHMENTS: There are no attachments.

Department Head Approval:

Thomas E. O'Neill, Chief Technology Officer

Reviewed by:

Denise Standridge, Acting General Counsel Lewis Clinton, Chief Financial Officer Thomas Prescott, Chief Performance Officer Kurt Destigter, Chief Human Resources Officer Thomas E. O'Neill, ChiefTechnology Officer

Prepared by:

221

Report No: Meeting Date:

12-308 December 12, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

Planning Committee AC Transit Board of Directors

FROM:

David J. Armijo, General Manager

SUBJECT:

Issue a Request for Proposals for PeopleSoft Support Services

ACTION ITEM RECOMMENDED ACTION(S): Consider Authorizing the Purchasing Department to Issue a Solicitation for PeopleSoft Support Services. EXECUTIVE SUMMARY: The District's PeopleSoft applications are supported by two permanent staff and four contract staff. The District desires a competitively-awarded multi-year contract to augment in-house staff with a flexible number of experienced PeopleSoft staff to perform user support, enhancement and development tasks. BUDGETARY/FISCAL IMPACT: The issuance of a solicitation has no budgetary or fiscal impact. However, if the solicitation results in a contract award, the District would need to allocate sufficient funds to cover the contract cost, which is estimated at $500,000 for the remaining six months of FY12-13.

BACKGROUND/RATIONALE: The District began the Finance-Human Resource (FHR) project in 2007 to upgrade our existing PeopleSoft Human Capital Management (HCM) application and to implement both PeopleSoft Financials (FIN) and Portal, forming the three 'pillars' of our system. All are in production and require significant staff support. Currently our two staff PeopleSoft Engineers (one each in the Human Resources and Financials areas) are augmented by four contracted support staff. Even with this number of people devoted to this one application, they spend on average 60-70% of their time on user support issues and the rest on enhancements and development. Meanwhile our estimated development backlog exceeds eight man-years of effort.

222

Report No. 12-308 Page 2 of2

ADVANTAGES/DISADVANTAGES: Advantages: With this procurement, the District will ensure that its PeopleSoft applications are adequately, if not robustly, supported by qualified consulting staff, and that a vehicle will be in place to bring in additional staff as needed & budgeted. Disadvantages: Consulting staff don't have the permanence of District staff. Long-term consulting staff accrue deep knowledge of our systems and processes, but at some point they'll leave and take it with them. Employees tend to stay longer and keep that hard-won knowledge within the District.

ALTERNATIVE ACTIONS: Authorize additional employees. The Board could opt to allow additional administrative positions and sufficient budget to hire four experienced PeopleSoft Engineers. Do nothing. The Board could opt to disallow continued PeopleSoft consulting support. This would leave all support to our two PeopleSoft Engineers (one each for Financials and Human Resources.) All development and enhancements would stop, as support alone is more than a full-time job for two people.

PRIOR RELEVANT BOARD ACTIONS/POLICIES: There are no prior actions or policies.

ATTACHMENTS: There are no attachments. Department Head Approval:

Thomas O'Neill, Chief Technology Officer

Reviewed by:

Kenneth C. Scheidig, Interim General Counsel lewis Clinton, Chief Financial Officer Thomas Prescott, Chief Performance Officer Kurt DeStigter, Chief Human Resources Officer Thomas O'Neill, ChiefTechnology Officer

Prepared by:

223

Report No: Meeting Date:

T/iWNS/T

12-287 December 12, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

Operations Committee AC Transit Board of Directors

FROM:

David J. Armijo, General Manager

SUBJECT:

Report on Operator Unavailability Figures

BRIEFING ITEM RECOMMENDED ACTION(S):

Consider receiving a report on Operator unavailability. EXECUTIVE SUMMARY:

Staff has reported high levels of operator absenteeism in previous quarterly reports resulting in service disruptions and increased overtime cost. The attached report provides a breakdown of a recent analysis that reviewed multiple categories of unscheduled operator absences. The data collected to calculate Operator Unavailability is for a 12 month period, September 2011 to August 2012, and includes all operators who have been employed for more than one year. The analysis revealed that the high rate of unscheduled absenteeism during the one year period was primarily due to three factors: •

• •

Management allowing absences outside of mandated and contractual absences. These excused absences were restricted in September, and the restriction of these excused absences is expected to have a limited, positive impact on attendance in the future. Mandated leaves including Federal Family Care & Medical Leave, State Family Care, Industrial Injury Programs, and School Partnership Act Programs. Unmandated, unscheduled absences including Long Term Medical Leave, Sick, Miss Outs, and other random absences.

The analysis revealed that the average instances and average number of days of absence did not vary much by years of se rvice . The average inst ances ranged from nine to fourteen instances for all employee service levels. The average days absent ranged from thirty-six days to forty-eight days for all operator service levels, except for the thirty-six to forty year service employees who had an average of twenty-two days of absence. To get a better understanding of the absence trends, the multiple types of unscheduled absences were grouped into major unscheduled absence categories, which included Sick, Federal/State Mandated Leave, Long Term Medical Leave, and Industrial Injuries. Sick leave had the highest number of instances of absence and total days absent. The majority of operators had from one to five instances of absence; however, a large number of operators

224

Report No. 12-287 Page 2 of 9 had between six and fifteen instances of absence. The majority of operators missed between six and ten sick days; however, some operators were sick for much longer periods. Federal/State mandated leave had the second highest number of instances of absence and total days absent. Long term medical leave and industrial injuries had lower instances of absence; however, the number of days missed from both categories was relatively high in comparison with other types of absences. The management of absenteeism is an important element of ensuring employees report to work as scheduled. As a result of earlier investigations, a management directive to restrict excused absences that were outside of the Federal/State mandated leaves and contractual leaves moved the District to a more proactive stance in reducing operator absenteeism. The reviews of operator absenteeism will need to continue to ensure that only Federal/State mandated leaves and contractual leaves of absence are being approved by management. While the District will be able to achieve some improvement in absenteeism by more effective management, the agency will also need to consider modification of existing attendance policies that have not been adjusted with the implementation of Federal and State mandated programs that are not governed by the attendance policies. BUDGETARY/FISCAL IMPACT: There are no current direct fiscal impacts related to this report; however, any improvement to operator attendance has a positive impact on the District's operating budget. BACKGROUND/RATIONALE: Staff has been reporting on high levels of absenteeism in the Quarterly Operations Performance Reports. As noted in these reports, total operator unavailability has averaged about 22 percent for both scheduled and unscheduled absences. The unscheduled absences are of primary concern due to the impact on our customers and the cost to the District to backfill unscheduled absences using overtime. In a review of operator absences, staff discovered that the high rate of unscheduled absenteeism is primarily due to three factors: •





Management had allowed absences outside of mandated and contractual absences, which has resulted in an overall increase in absenteeism. A primary example was the approval of 1,415 excused absences over a one-year period, many of which is outside of the mandated and contractual leave provided to our operators. The excused absences were restricted in September and are expected to have a limited, positive impact on attendance in the future. Mandated leaves accounted for a high percentage of the unscheduled absences, and include Federal Family Care & Medical Leave, State Family Care, Industrial Injury Programs, and School Partnership Act Programs. Unmandated, unscheduled absences have the highest rate of absenteeism, and include Long Term Medical Leave, Sick, Miss Outs, and other random absences. The reduction of absences in this category will require close monitoring of absences and aggressive discipline

225

Report No. 12-287 Page 3 of 9 of attendance policy violations in the short term, and potential modifications to attendance policies in the long term . At the Board's request, staff completed a comprehensive analysis of operator unavailability, with the primary focus on unscheduled absences. The analysis included data from a 12 month period from September 2011 through August 2012, and includes all operators who have been employed at the District for more than one year. In reviewing all categories of unscheduled absences, staff conducted an analysis to determine if years of service had any major impact on absenteeism. The following table displays the distribution of unscheduled absences by ope rator years of service for both, the average days absent per operator and the average incidents per operator. Since the average days absent and average incidents per operator are relatively consistent, there does not appear to be any correlation between absenteeism and years of service. The data revealed that absenteeism is high in all years of service categories. Note: An "instance or incident" of absence can either be one day or multiple days off work.

September 2011 to August 2012 Operator Unavailability Years of Service (Employment)

Operator Count

Average Days Absent Sept 2011 to Aug 2012

Average Instance of Absence Count

1 to 5 Years

137

37

13 14

6 to 10 Years

216

43

11 to 15 Year s

400

48

13

16 t o 20 Years

80

41

13

21 to 25 Years

113

44

11

26 to 30 Yea rs

76

39

9

52

36

10

14

22

11

1,088

43

13

31 to 35 Years 36 to 40 Year s Grand Total

A review of the number of incidents per operator revealed that the majority {337) had between six and ten instances of unscheduled absence during the one year study period. The data showed 265 operators with one to five instances of unscheduled absence, and 437 operators with eleven or more instances of unscheduled absence. In reviewing the number of incidents per category, operators with eleven to fifteen incidents had the highest amount {2,795) incidents for the year, which was followed by operators with six to 10 instances of unscheduled absence where there were 2,658 instances.

226

Report No. 12-287 Page 4 of9

Operator Time Off Incident Count All Categories 400 350 +'

300

0

250

c: ::s

u

....

0 200 ....f1l 150
+'

c. 0 100

so

~5146-;50

Total Incidents

453

247

56 to 60

51 to 55

52

144

--'----'-----'-

Instances o f Absence

A review of the number of days off per operator showed that the majority of operators (132) had between eleven to fifteen unscheduled days off work during the one ye ar review period, and 124 operators had between sixt een and twenty un sch eduled days off. The chart below shows the number of unscheduled days off for all operators in the one year review period.

Operator Time Off Days Absent All Categories

140 120

~----------

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Report No. 12-287 Page 5 of9

Major Unscheduled Absence Categories Since unscheduled absences can be sourced from multiple absence categories, including Federal Family Leave, State Family Leave, Long Term Medical Leave, Industrial Injury, Sick, Miss Out, Excused Unpaid, School Partnership Act, Paid Personal Day, the unscheduled time off for this analysis was grouped into four major categories - Sick, Long Term Sick, Federal/State Mandated Leave, and Industrial Injuries. "':

'

Total Days Absent/. Total Instances of Absence Absence Category Sick Fed/State Mandated Leave Long Term Medical (LMS} Industrial Excused I Other Miss Out Grand Total '

Total Days Absent

Instance Count ,''

12,169 11,402 7,280 6,962 3,630 1,858 43,301

4,966 2,378 171 456 1,744 1,858 11,573

Sick Leave As shown above, the highest rate of unscheduled absences are the result of unscheduled sick leave in both instances of absence and days absent. The majority of operators (624) had between one and five instances of sick leave during the one year review period, 299 operators had between six and ten incidents, and 48 operators had between eleven and fifteen incidents.

Sick Leave Instances 700 600

....c

500

u

400

:J 0

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....0ra 300 ... Ql

c. 0

200 100 0 Totol

Incidents

I

lto 5

6 to 10

11 to 15

2,222

580

1,993

Instances of Absences

228

Report No. 12-287 Page 6 of 9 In reviewing th e number of days operators missed work du e to sick leave, the majority of operators (265) missed between six and ten days, 214 operators missed between one and five days, 219 operators missed between eleven and fifteen days, 145 operators missed between sixteen and twenty days, and 136 operators missed more than twenty days during the one year review period.

Sick- Total Days Absent I Operator 300

....c: 2SO

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Days Absent

Federal/ State Mandated Leave

Federal and State Mandated Leave had the second highest rate of both days absent and instances of absence. The majority of operators (287) had between one and five instances of mandated sick leave during the one year review period, 63 operators had between six and ten incidents, and 43 operators had between eleven and fifteen incidents.

Federal/State Mandated Instances 3SO

....c: :J 0

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....0ro 1SO .... Ql

a. 0

100

so 0

26 to 30

Tota l Incidents

133 Instances of Absences

229

31 to 3S 3S

36 to 40

7S

Report No. 12-287 Page 7 of9

In reviewing the number of days operators missed work due to Federal/State Mandated sick leave, the majority of operators (91) missed between one and f ive days, 60 operators missed between six and ten days, 41 operators missed between eleven and fifteen days, 35 operators missed between sixteen and twenty days, and 197 operators missed more than twenty days during the one year review period.

100 90

... 80 § 70 8 60

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Mandated Leave- Total Days Absent I Operator -------

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Days Absent

--

-

Long Term Medical Leave Long Term Medical Leave had the third highest rate of days absent, but with a lower number of total instances of absence. 143 out of 143 operators taking Long Term Medical Leaves had between one and five instances of mandated sick leave during the one year review period, totaling 171 incidents.

Long Term Medical Instances 160 140 c 120 ~ 0 100 u .... 0 80 10 .... 60 ~ c. 40 0 20 0

...

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-

--

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1~5

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Total In cidents

171

Instances of Absence

230

]

Report No. 12-287 Page 8 of9 In reviewing the number of days operators missed work due to Long Term Medical leave, the majority of operators (18) missed between fifteen and twenty days, 13 operators missed between five and ten days, 13 operators missed between twenty five and thirty days, 10 operators missed between eleven and fifteen days, and 89 operators missed various amounts of days as shown on the chart below.

Long Term Medical- Total Days Absent I Operator 20 4J

18 16

§ 14

8

-------

12

ow

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Days Absent

Industrial Injury

Long Term Medical Leave had the fourth highest rate of days absent, but with 456 instances of absence. The majority of operators (211) had between one and five industrial injuries during the one year review period, six operators had between six and ten incidents, and one operator had between eleven and fifteen incidents.

Industrial Injury Instances 250 4J

c:

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200

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150

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100

a. 0

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1 to 5

6 to 10

402

40 Instances of Absence

231

lllolS~ 14

Report No. 12-287 Page 9 of9 In reviewing the number of days operators missed work due to Industrial Injury claims, the majority of operators (100) missed between one and five days, 15 operators missed between five and ten days, 12 operators missed between twenty one and twenty five days, 11 operators missed between eleven and fifteen days, 10 operators missed between sixteen and twenty days, 10 operators missed between twenty-six and thirty days, and GO operators missed more than thirty days during the one year review period.

Industrial Injury- Total Days Absent I Operator 120 ... 100 c:

g 80 u ...0 60 11)

Qj c. 0

40

20 0

ADVANTAGES/DISADVANTAGES: This analysis of operator absenteeism has several advantages in that it allows management to focus in on the types of absences and allows the development of plans to address the high rates of absenteeism. ALTERNATIVE ACTIONS:

A) Broaden the review to consider industry best practices to mitigate absenteeism. B) Report back to the Board in six months with a definite action plan. PRIOR RELEVANT BOARD ACTIONS/POLICIES:

None Department Head Approval:

James Pachan, Chief Operating Officer

Reviewed by:

James Pachan, Chief Operating Officer

Prepared by:

Blossom Albuquerque, Management Analyst

232

This page intentionally blank 

233

Report No: Meeting Date:

12-304 December 12, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

Operations Committee AC Transit Board of Directors

FROM:

David J. Armijo, General Manager

SUBJECT:

Issuance of a Request for Proposal (RFP) for the East Bay Paratransit Consortium (EBPC) Broker and Provider Services

ACTION ITEM RECOMMENDED ACTION(S): Consider authorizing the release of a Request for Proposal (RFP) for the East Bay Paratransit Consortium (EBPC) Broker and Provider Services for Americans with Disabilities Act (ADA) mandated services. EXECUTIVE SUMMARY: The current Agreement with Veolia Transportation expires on June 30, 2013. Upon approval by the Board of Directors, an RFP will be issued that essentially maintains the existing EBPC structure with some minor modifications. These modifications can be found in Attachment 1 and include among other things a five (5) year contract term with an option to renew for an additional five (5) years and moving to a 100 percent lift van fleet. BUDGETARY/FISCAL IMPACT: The EBPC budget for fiscal year 2012/13 is $36.6 million of which AC Transit is responsible for 69% or $25.3 million. The previous contract with a 6.5 year term had a not to exceed (NTE) amount of $217.6 million of which AC Transit is/was responsible for $150.2 million. Staff does not anticipate any significant change in the fiscal impact with the new contract, since the RFP essentially maintains the existing structure of the EBPC contact .

BACKGROUND/RATIONALE: Th e current Agreement with Veolia expires on June 30, 2013. The Joint Powers Agreement (JPA) between BART and AC Transit, to provide EBPC mandated ADA paratransit services, delineates responsibilities between the two agencies. AC Transit is responsible for the EBPC Purchasing function . AC Transit will take the lead in the solicitation and award of contract for the EBPC broker and service providers with the cooperation of and in coordination with BART. The current structure of EBPC will essentially be maintained with a centralized broker system with multiple service providers. Attachment 1 contains a matrix illustrating the existing system and proposed changes contained in the RFP. Some notable proposed changes include: 234

Report No. 12-304 Page 2 of 4 • • • • • •

Change to a 5-year contract with an option to renew for an additional 5 years Centralized dispatching 100% lift vans Development of an emergency plan Relocation to a new facility in the second year Replacement of Mobile Data Computers

The key dates and a timeline for the release of the RFP, proposal evaluation, and contract award are as follows: • • • • •

December 2012 January 2013 February 2013 March 2013 April2013

Release RFP Pre-Proposal Meeting Proposal Deadline Final Selection Contract Award

As noted above, staff will request authorization to award the broker contract in April of 2013. ADVANTAGES/DISADVANTAGES:

Providing authorization to release an RFP gives staff sufficient time to complete the procurement process and transition to the selected contractor prior to expiration of the existing broker contract on June 30, 2013. This report does not recommend a course of action with notable disadvantages. ALTERNATIVE ACTIONS:

Staff found no alternatives to the course of action recommended in this report. PRIOR RELEVANT BOARD ACTIONS/POLICIES:

GM memo No. 06-258- Authorized the General Manager to execute an agreement with Veolia Transportation for the EBPC Broker and Provider services for the period January 1, 2007 through June 30, 2013, dated November 16, 2006. Board Policy 350: Procurement Policy

235

Report No. 12-304 Page 3 of 4

ATTACHMENTS:

1:

Attachment 1- Existing v. Proposed Changes to EBP Broker Services

Department Head Approval:

James Pachan, Chief Operating Officer

Reviewed by:

Kenneth C. Scheidig, Interim General Counsel lewis Clinton, Chief Financial Officer Robert del Rosario, Director of Service Development and Marketing Mallory Nestor-Brush, Accessible Services Manager

Prepared by:

236

This page intentionally blank 

237

SR: 12-304 Attachment 1

Existing versus Proposed Changes to EBP Broker Services EXISTING Contract Terms

PROPOSED CHANGES

• •

6.5 years

5 year contract Option to renew for an additional 5 years No change No change

Broker-cost plus fixed fee Service Providers-hourly

Service Model

Vehicles

Incentives

Centralized Broker with minimum of 3 providers

Centralized Broker with minimum of 2 providers

Decentralized Dispatch

Centralized Dispatch

Van/Sedan mix: Sedans-28% Type 1-11% Type 11-60% Diesel/unleaded mix Annual Customer Satisfaction Survey • Reservation/Customer Service Courtesy {23K/ 83%) • Driver Skill/Courtesy (58K I 94%)

100% Lift-Van 50/50 mix of Type I I Type II Type 1- 2 wheelchairs Type II- Up to 5 wheelchairs Unleaded only (new purchases) Annual Customer Satisfaction Survey • No change

• Overall Performance (23K/ 80%)





Driver Skill (25%)/Courtesy (75%) (58K) No change

ADA Productivity 1.50 {6K) • 1.53 (11.5K)

ADA Productivity • 1.53 {6K) • 1.55 (11.5K)

On-Time • > 93% (5K) • >94% (7.5K) • >95% {lOK)

No change

Late Trips> 60 minutes late <0.1 {6K)

No change





Miscellaneous

Option to develop an Emergency Plan including Training for all EBP Employees Replacement of hardware including MDC's Relocation to new facility- Year 2

238

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239

Report No: Meeting Date:

12-265 December 12, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

Operations Committee AC Transit Board of Directors

FROM:

David J. Armijo, General Manager

SUBJECT:

Staff Report for SB863- Workers' Compensation Reform

BRIEFING ITEM RECOMMENDED ACTION!Sl:

Consider receiving this report on SB863- Workers' Compensation Reform EXECUTIVE SUMMARY:

On September 18, 2012, California Governor Edmund Brown signed into law SB863, a comprehensive workers' compensation reform package designed to bring balance to the workers' compensation system. The Governor challenged the legislature to pass a reform bill that would decrease costs and eliminate areas of abuse while increasing benefits to injured employees. BUDGETARY/FISCAL IMPACT:

Savings will be determined based upon how the regulations are implemented over the next several years.

BACKGROUND/RATIONALE:

Governor Brown in his September 18, 2012 press release cites the following potential benefits of SB863: For Workers:

a.

Increases permanent disability benefits by 30 percent, with faster payments of awards

b. Provides faster higher-quality medical treatment c. Improves retraining and increases awards for those with career ending injuries For Businesses:

a. Reduces the cost of workers' compensation by close to $1 billion b. Reduces litigation, claims adjustment costs, and other frictional costs c.

Provides a more predictable and more objective benefit delivery system 240

Report No. 12-265 Page 2 of 4

Although the regulations for 58863 will not be ovailoble until Jonuory 2013, listed below are the advantages ond disadvantages of the proposed changes thot will potentially impact the District's Workers' Compensation Program. It is anticipated thot opponents to 58863 will bring /ego/ challenges to numerous aspects of the bill before it is fully implemented. There are numerous changes to 58863 thot will be implemented over the next several years. Listed below ore the amendments thot ore predicted to hove the most impact on the cost or administration of the District's Workers' Compensation Program. ADVANTAGES/DISADVANTAGES:

1. Changes in Permanent Disability (PD): a. limits to psychological injury, sleep and sexual dysfunction ad d-ons (effective 1/1/13) b. Elimination of 15% Permanent Disability bumps (effective 1/1/13) c.

Increase of the maximum average weekly wage considered when calculating benefits (effective 1/1/13)

d. Weekly PD payments will increase to $290 regardless of the percentage of permanent disability (effective 1/1/14). Impact on the District's Workers' Compensation Program: It is anticipated that limits to psychological injury, sleep and sexual dysfunction ad d-ons will have a significant cost impact by reducing PD ratings. When employees are unable to return back to their usual and customary duties, under the existing Labor Code, they receive 15% bump-ups (increases) to their permanent disability ratings. Conversely, if employees are able to return back to their usual and customary duties and receive permanent disability ratings they receive 15% bump-downs (decreases) to their permanent disability ratings. Under SB863, the 15% bump-up/down will be eliminated. There will be reduced administrative activities resulting from this change. The effect on cost should be minimal; the bump-up/down does not apply to all claims and both cost increases and decreases are being eliminated. The increase of the maximum average weekly wage considered when calculating benefits should have a minimal effect because District employee wages typically exceed the new increased average weekly wage. The increase in weekly PD payments will likely have a modest negative cost impact. The total PD award has not been increased so the main effect will be that the award will be paid out faster.

241

Report No. 12-265 Page 3 of 4

2. Medical Care Issues: Revised Medical Provider Network (MPN) rules. a. The changes limit the conditions under which an employee may pre-designate a personal physician outside the MPN although an employee still may treat outside of an employer's MPN if he or she properly pre-designates a personal physician in writing before the date of injury. b. The changes strengthen an employer's ability to enforce treatment within an MPN, and place significant barriers to treatment outside the network. SB863 explicitly provides that employers are not liable for payment of treatment impermissibly obtained outside of an MPN, and that employers are not liable for any consequences of treatment impermissibly obtained. c.

MPN issues may be heard at expedited hearings.

d. The employee's attorney no longer has the ability to object to treatment by a physician within the MPN. e. Judges at the Workers' Compensation Appeals Board (WCAB) can no longer dispute and/or make recommendations on medical treatment. Medical treatment decisions will rest solely with the primary treating physician. These changes will apply to Dates of Injuries as of January 1, 2013, unless amended.

Impact on the District's Workers' Compensation Program: The changes should hasten the resolution of claims and reduce litigation and medical costs. Currently 90% of the District's employees with claims are treated by physicians within our MPN and 10% are treated by pre-designated physicians. 3. New Systems for Handling Billing and Treatment Disputes:

New Independent Bill Review

(IBR) and Independent Medical Review {IMR) systems are scheduled to take effect in 2013. a. Allows the employee to appeal a Utilization Review decision or MPN dispute by requesting an I MR. b. Eliminates the Workers' Compensation Appeals Board's authority to adjudicate medical treatment disputes that are directed to the IMR process. c. Establishes a hierarchy of standards that are to be applied by the IMR, with the Medical Treatment Utilization Schedule as the highest source for evaluating the appropriateness of medical treatment.

242

Report No. 12-265 Page 4 of 4

d. Makes the results of the IMR process binding on all parties, absent clear and convincing evidence of fraud or conflict of interest.

Impact on the District's Workers' Compensation Program: Assuming the above changes are not successfully challenged and altered, they will help expedite claims closure and potentially reduce litigation costs. 4. Changes in the Lien Process:

Prohibits the filing of a lien by healthcare providers for

matters that are subject to the IMR and IBR dispute resolution processes. a.

Establishes a $150 filing fee in order to file a lien and a $100 activation fee for legacy liens, recoverable if the lien claimant prevails.

b. Adopts statutes of limitation within which liens must be filed for dates of service prior to and after January 1, 2013.

Impact on the District's Workers' Compensation Program: Because 90% of the District's employees with claims are treating within the MPN, these changes will not have a large impact on the District's Workers' Compensation Program. However, if there is a dispute on claims for employees with pre-designated physicians, time limits and fees will apply to healthcare providers.

ALTERNATIVE ACTIONS: No alternative actions are proposed. PRIOR RELEVANT BOARD ACTIONS/POLICIES: None ATTACHMENTS: None Department Head Approval:

Kurt De Stigter, Chief Human Resources Officer

Reviewed by:

Ken Scheidig, Interim General Counsel Lewis Clinton, Chief Financial Officer Janet Jackson, Human Resources Manager

Prepared by:

243

Report No: Meeting Date:

12-253 December 12, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

External Affairs Committee AC Transit Board of Directors

FROM:

David J. Armijo, General Manager

SUBJECT:

Draft 2013 Federal and State Legislative Advocacy Programs

ACTION ITEM RECOMMENDED ACTION(S):

Consider recommending approval of the District's Federal and State Legislative Advocacy Programs for 2013. EXECUTIVE SUMMARY:

Each year the AC Transit Board of Directors adopts advocacy programs to provide guidance for the District's activities in Washington, D.C. and Sacramento to influence transit legislation, appropriations, and administrative matters at the State and Federal levels. The attached programs for 2013 address on-going efforts as well as emerging issues for the coming year.

BUDGETARY/FISCAL IMPACT:

There is no budgetary or fiscal impact associated with this report.

BACKGROUND/RATIONALE:

At the Federal level, the proposed District advocacy program focuses on providing predictable funding at levels that will maintain and enhance the District's current capability. Chief among these advocacy elements are: • • • •

Supporting funding for the Federal Transit Administration's Moving Ahead for Progress in the 21st Century (MAP-21); Supporting grant opportunities for critical District systems, including the communications system, rehabilitating facilities and bus rapid transit; Supporting efforts to make the Highway Trust Fund/Mass Transit Account sustainable; and Supporting efforts to fund the Transbay Terminal.

244

Report No. 12-253 Page 2 of 2 At the State level, the proposed advocacy program maintains and increases the District's revenue and reduces the impact of State regulations. Among the more significant elements of the advocacy program are: • • • •

Supporting the development of an expenditure plan for the State's cap and trade revenue that includes transit; Supporting efforts to create new sources of operating funds; Supporting action to enhance bus movement on freeways and bridges (contra-flow lanes, HOV lanes, use of freeway shoulders); Supporting action aimed at increasing the use of public transit {clean air incentives and employer support of transit).

Staff solicited input to develop the attached Federal and State advocacy programs from key staff and executives. Per the Board's direction (GM Memo 10-039a), draft programs were distributed to advocacy groups and the District's planning and funding partners to solicit feedback. Responses received were considered in developing the attached advocacy programs. ADVANTAGES/DISADVANTAGES: Adoption of an advocacy program will provide clear and consistent direction to the District's staff and consultant's regarding the District's positions on issues. ALTERNATIVE ACTIONS: Cancel the advocacy program. The Board could opt to cancel the advocacy program outright, leaving the District without a formal position regarding potential legislative activities. Decline this proposed advocacy program. The Board could direct staff to revise and re-submit. PRIOR RELEVANT BOARD ACTIONS/POLICIES: GM Memo 10-039a ATIACHMENTS: 1: FY 2013 State Advocacy Program 2: FY 2013 Federal Advocacy Program

Department Head Approval:

Dennis Butler, Chief Planning & Development Officer

Prepared by:

Beverly Greene, Director of Legislative Affairs & Community Relations

245

Draft SR 12-253 Attachment 1

2013 State Advocacy Program Funding



Support efforts to implement the Moving Ahead for Progress in the 21st Century Act (MAP-21) that at least maintains funding levels 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.



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 for global warming initiatives, clean air and clean fuels and that support implementation of AC Transit's Climate Action Plan.



Seek funding for East Bay Bus Rapid Transit.



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.

Pagel1 246



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 Trans bay 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 common fare programs between Bay Area systems.



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.

Pagel2 247



Advocate for transit-supportive legislation that addresses climate change, healthy communities and environments.



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: o Transit streets agreements, and o Complete streets plans in which local transportation plans anticipate use of all modes.



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.



Redefine agency as Rapid Transit District.



Support legislation for STA formula reform that includes federal operating funding as eligible revenue.



Support efforts that maintain existing Workers' Compensation regulation.

Page

13 248

This page intentionally blank 

249

Draft SR 12-253 Attachment 2

2013 Federal Advocac Pro ram Funding



Support efforts to implement the Moving Ahead for Progress in the 21st Century Act (MAP-21) that at least maintains funding levels for mass transit projects and programs for bus operators in the Bay Area.



FY 2012 Grant Opportunities- Secure federal funds for key capital projects and support funding for 2013 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



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.



Support/seek 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. Such cuts would reduce funding for the Small Starts Program, which could impact the East Bay BRT project schedule.

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.

P age

11 250



Support FTA and Congressional efforts to make State of Good Repair 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,



Seek revisions to the Metropolitan Planning Organization (MPO) grandfather clause that supports the direct representation of transit properties on local transportation policy boards.

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.

Page

12 251

Report No: Meeting Date:

12-300 December 12, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

External Affairs Committee AC Transit Board of Directors

FROM:

David J. Armijo, General Manager

SUBJECT:

Monthly legislation Report

BRIEFING ITEM RECOMMENDED ACTION(S): Consider Receipt of the Monthly Legislative Report. EXECUTIVE SUMMARY: This report provides an update on the monthly legislative activities at State and Federal levels. The Federal legislature remains in a special lame duck session negotiating issues related to the scheduled expiration of the Bu sh tax cuts at the end of the year. Represe ntative Bill Shuster has been appointed as Chair of the Transportation and Infrastructure Committee. The State legislatures convened on December 3, 2012 reelecting Speaker John Perez and Senate ProTem Darrell Steinberg. Democrats are in the supermajority in both the Assembly and State Senate. BUDGETARY/FISCALIMPACT: There is no budgetary or fiscal impact associated with this report.

BACKGROUND/RATIONALE: Federal legislation Update 1) Lame Duck Session Congress is in session with continuing discussions regarding proposals to address the fiscal cliff issues that need to be addressed prior to the December 31, 2012 deadline.

2) New Leadership As expected, Represe ntative Bill Shuster of Pennsylvania has been appointed Chair of the Transportation and Infrastructure Committee. His immediate priorities are to identify revenues to support transportation investments from the Highway Trust Fund, implement MAP-21, and authorize the next surface tran sportation bill in 2014

252

Report No. 12-300 Page 2 of 2 State Legislation Update

1) 2013-2014 Legislature The 2013-2014 legislative session began on December 3, 2012, and the new Legislature convened to swear in new members and formally elect the leadership including the reelection of Speaker of the House John Perez and Senate President Pro Tempore Darrell Steinberg. Thanks to the unexpected supermajority attained in both houses of the legislature, a lot of discussion is taking place about how to use the new power to best retain it in the future. While legislation increasing taxes and fees will be introduced, outlook for passage is dim. However, initiative reforms could be on the table as well as some sort of constitutional convention. 2) legislative Report Refer to Attachment 1 for a legislative report from Platinum Advisors.

ADVANTAGES/DISADVANTAGES: This report is being provided to inform the Board of monthly legislative activities.

ALTERNATIVE ACTIONS: This report provides an update of monthly legislative activities.

PRIOR RELEVANT BOARD ACTIONS/POLICIES: None

ATTACHMENTS: 1: legislative Report from Platinum Advisors 2: legislative Report from Van Scoyoc Associates 3: FY 2011-12 State Advocacy Program 4: FY 2011-12 Federal Advocacy Program

Department Head Approval: Prepared

by:

Dennis Butler, Chief Planning & Development Officer Beverly Greene, Director of legislative Affairs & Community Relations

253

SR 12-300 Attachment 1

December 3, 2012 Capitol Update

2013-14 Session Begins: Both the California State Senate and Assembly convened for their organizational session today in Sacramento, kicking off the start of the new legislative season. It is an unusual session for all of us Capitol-watchers as none of us have ever witnessed a Legislature where both houses were controlled by a supermajority of the same political party. The last time that happened was in 1883. In addition, it is unusual because the Assembly has the largest freshman class since 1966, with 39 members. That number is likely to increase even higher in a few months when two current Senators resign to take their seats in Congress and sitting Assembly Members move to the Senate. The party registration stands at 29 Democrats and 11 Republicans in the Senate and 55 Democrats and 25 Republicans in the Assembly. The twenty Senators from the odd-numbered districts took their oaths of office, administered by Supreme Court Chief Justice Tani Cantii-Sakauye. She also administered the oath for the Secretary of the Senate, Sergeant At Arms, and (unanimously re-elected) President Pro Tempore Darrell Steinberg. Steinberg subsequently spoke from the desk about the separation of powers, the supermajority, and the progress the Legislature had made in the past four years at reducing the deficit from $42 billion to virtually nothing. He also said that he "gets the warning" about the danger of over-reaching, but is not going to avoid the needs of the State. He proposed a plan for dealing with the surpluses that the Legislative Analyst has proposed for future budget cycles: devote one third to a rainy day fund, another third to paying down the wall of debt, and the final third to restoring some of the terrible cuts that have been made the last few years. Across the rotunda, all eighty Assembly Members had to be sworn in, since they were all either newly elected or re-elected for two-year terms. However, this is the first class in which Assembly Members can serve twelve years in one house. Assemblyman Wes Chesbro nominated John Perez as Speaker of the Assembly. The Assembly quickly and unanimously voted Perez back in the Speaker's seat. The Speaker addressed the Republicans, promising that they are still necessary: "Finding the solution is not the work of one party. Your contributions are desired and your active service is needed." To illustrate his faith in the party, he announced that Assemblyman Katcho Achadjian, (R- San Luis Obispo), will be the new chair of Assembly Local Government Committee. Speaker Perez also spoke of his Assembly's priorities which include: 1) The Special Session to be called in January to address implementation of the Affordable Care Act, and

254

2) Re-dedicating the Legislature to access and affordability of Higher Education After all the swearing in ceremonies and celebrations of today, the Legislature will be in recess until January 7, when it will return to start the legislative year in earnest.

New Bills: The start of the new session also marks the onslaught of new legislative proposals. Although both houses have adjourned until January 7'", the desks in both houses will remain open until December 21 for the purpose of introducing new bills. Already today Senator Leno has introduced SCA 3, which proposes to reduce the vote threshold for parcel taxes from a 2/3 vote to 55%. Constitutional amendments reducing the vote requirement for local sales taxes and other taxes are also expected to be introduced. In addition, Senator Ted Lieu has introduced SB 1 and Senator Leland Vee has introduced SB 3. These bills are in response to the Arizona non profits' contributions to support Prop 32 and oppose Prop 30, and are aimed at expanding the information required to be filed for campaign contributions and the disclosure of mass mailings. Healthy Families Transition: Last week Senator Steinberg sent a letter to Health and Human Services Agency Secretary Diana Dooley asking the State to slow down the transition of the Healthy Families Program to Medi-Cal. The letter followed the release by the Brown Administration of a strategic plan for the transition a few days earlier. Steinberg noted that the concerns that he and the Speaker raised in another letter last August regarding network adequacy, continuity of care, mental health care, dental care, and the still-pending approval by CMS, have yet to be addressed and the first cohort of children are scheduled to be transferred on January 1.

LAO Reports: Last week the LAO released two documents that may be useful. The first was a one-page diagram that highlights major milestones in the State and local fiscal relationship. It starts with SB 90 in 1972 and follows major changes up to the passage of Proposition 30 in November. The other is an indepth report reviewing the complex history of the state's property tax structure. These documents do not critique either topic, but they are a good resource and refresher on a confusing state and local fiscal relationship. Both documents can be found at www.lao.ca.gov.

255

SR 12-300 Attachment 2

VANSCOYOC A

S

8

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C

I

A

T

E

8

Transportation Update December 3, 2012 Steven 0. Palmer, Vice President Jacqueline Schmitz, Director

Last Week 2013 Congressional Schedule. Last week, the House and Senate leadership released their respective calendars for the coming year. Both the House and Senate will convene on January 3, with the Presidential Inauguration on Monday, January 21. Copies of the full schedules are attached to the email that included this document. Obama Administration: Fiscal Cliff Negotiations. Last week, Treasury Secretary Timothy Geithner met with congressional leaders to outline the President's proposal for addressing the so-called "fiscal cliff." Included in the Administration's plan is a proposal for upfront spending of $50 billion on infrastructure. No details were provided, including where the money would be allocated. Bill Signing: EU Emissions Fees. On November 27, President Obama signed into lawS. 1956, a bill exempting U.S. airlines from the unilateral emissions allowance scheme proposed by the European Union. The EU has had a cap-and-trade carbon emissions system for member nations since 2005, and in 2008, the EU passed legislation to add airlines, regardless of whether they are EU members, to this emissions trading mandate.

Committee Chairman Selected. Last week, the House Republican Conference approved the chairmen for the next Congress, which will convene on January 3, 2013. Committee chairs with jurisdiction over transportation issues include:

• • • • •

Transportation and Infrastructure. Representative Bill Shuster of Pennsylvania Homeland Security. Representative Mike McCaul of Texas Appropriations. Representative Hal Rogers of Kentucky Ways and Means. Representative Dave Camp of Michigan Budget. Representative Paul Ryan of Wisconsin

Subcommittee chairs and committee assignments for these and other House Committees will take place over the coming weeks. Chairman-Elect Shuster's Agenda. Shortly after his selection, Bill Shuster, incoming Chairman of the House Transportation and Infrastructure Committee, outlined his agenda for coming year:



Identify revenue measures to pay for transportation infrastructure investments from the Highway Trust Fund.

256

2 o o

• • • •

He noted that the federal gas tax is probably not a long-term solution. He is opposed to proposal to reduce federal taxes and give funding authority for the federal highway and transit programs to the states. o He expressed support for a fee on vehicle miles traveled (VMT) as a possible solution to federal transportation financing. He is opposed to a national infrastructure bank. Reauthorize the Passenger Rail Investment and Improvement Act, with reform of the passenger rail programs. Oversee implementation of the NextGen satellite-based air tniffic control system. Implementation ofMAP-21 and authorization of the next surface transportation bill in 2014. Authorize the Water Resources Development Act (WRDA).

Hearing: Amtrak. On November 28'', the House Transportation and Infrastructure Committee held a hearing on "Getting Back on Track: A Review of Amtrak's Structural Reorganization." Witnesses included Amtrak CEO Joseph Boardman, who told the Committee that the current effort to reorganize Amtrak would focus on the six business lines, would result in greater accountability, and was more than moving boxes. Amtrak Inspector General Ted Alves affirmed that Amtrak has made significant progress since developing its strategic plan in 2011.

Hearing: Aviation Security. On November 29'', the House Transportation and Infrastructure Committee's Subcommittee on Aviation will hold a hearing titled "How Best to Improve our Nation's Airport Passenger Security System Through Common Sense Solutions." The most notable person on the witness list was Transportation Security Administrator John Pistole, who refused to participate at the hearing, citing the fact that the House Transportation and Infrastructure Committee does not have jurisdiction over TSA and transportation security issues.

Water Resources Development Act. Last week, Senator Barbara Boxer, Chairman of the Senate Environment and Public Works Committee, announced that it would be delaying consideration of a WRDA authorization bill until next year. This Week

Floor Debate: FY 2013 Appropriations. It is possible that this week the full House of Representatives could consider an omnibus appropriations bill that would include full year funding for FY 20 13. The federal government is currently operating under a Continuing Resolution that runs through March 27, 2013. Hearing: High Speed Rail. On Thursday, December 6, the House Transportation and Infrastructure Committee is scheduled to hold a hearing on "High Speed Rail and Intercity Passenger Rail Program: Mistakes Made and Lessons Learned." Witnesses have not yet been made public.

FAA Administrator Confirmation. It is possible that the full Senate could take up the nomination of Michael Huerta to be the FAA Administrator. He was nominated earlier this year to serve for a fixed

257

3 five-year term. Senator Jim DeMint (R-SC) had blocked his nomination prior to the election, but has since lifted that hold. Nomination Hearing. On Tuesday, December 4, the Senate Committee on Commerce, Science and Transportation is scheduled to hold a hearing on the nomination of Polly Trottenberg to be the DOT Undersecretary for Policy. Ms. Trottenberg currently is the Assistant Secretary for Transportation Policy. The Committee will also review the nominations of Yvonne Burke and Christopher Beall to become Members of the Amtrak Board of Directors. ###

258

This page intentionally blank 

259

SR 12-300 Attachment 3

2011-12 State Advocacy Program Funding •

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 for global warming initiatives, clean air and clean fuels and that support implementation of AC Transit's Climate Action Plan.



Seek funding for East Bay Bus Rapid Transit.



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.



Support legislation and programs that would provide funding for employee benefits programs.



Support funding initiatives that relieve the fiscal burden of mandatory regulations.

Pagell 260

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 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 common fare programs between Bay Area systems.



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 •

Advocate for transit-supportive legislation that addresses climate change, healthy communities and environments.



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: o Transit streets agreements o Complete streets plans in which local transportation plans anticipate use of all modes



Support legislation that requires reporting of Vehicle Miles Traveled (VMT) annually through DMV renewal.

Page

12 261

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.



Redefine agency as Rapid Transit District.



Support legislation for STA formula reform that includes federal operating funding as eligible revenue.



Support efforts that maintain existing Workers' Compensation regulation.

Page

13 262

This page intentionally blank 

263

SR 12-300 Attachment 4

2011-12 Federal Advocacy Program Funding



FY 2012 Grant Opportunities- Secure federal funds for key capital projects and support funding for 2013 Project Priorities for: o o o o o

East Bay BRT Improvements within the Small Starts Program and other programs AC Transit's Intelligent Transportation and Communication System upgrades Facility State of Good Repair for improved energy efficiency and environmental emission systems Bus lifting equipment program Bus Rapid Transit service along Broadway-College corridor



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.



Support/seek additional funding for lifeline services including, but not limited to services for access to work, school or medical facilities.

Transportation Authorization Principles



Support efforts to increase the gas tax or to increase other revenues to replenish 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 Repair a strategic priority.



Support consolidation of smaller formula programs such as JARC, New Freedom and 5310 Elderly and Disabled Programs and concentrate the funding in urban areas, and reform formulas to support large urbanized areas.

Pagell 264



Seek revisions to the Metropolitan Planning Organization (MPO) grandfather clause that supports the direct representation of transit properties on local transportation policy boards.

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.

Page

12 265

Report No: Meeting Date:

T~IVS/T

12-283 December 121 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

Finance and Audit Committee AC Transit Board of Directors

FROM:

David J. Armijo, General Manager

SUBJECT:

Monthly Report on Investments

BRIEFING ITEM RECOMMENDED ACTION(S): Consider Receiving Monthly Report on Investments for October 2012. EXECUTIVE SUMMARY: As of October 31, 2012, the District had the following investments: Repurchase Agreement (REPO) Money Market Account Money Market Account Money Market Account

$25 million (Collateralized 102%) $62.56 million (Collateralized 110%) $2.91 million (Advantage Heritage/Prime & Cash Investment) $1.75 million (small banks; all FDIC insured)

BUDGETARY/FISCAL IMPACT: There are no budgetary or fiscal impacts associated with this report.

BACKGROUND/RATIONALE: In compliance with Section 15.0 of Board Policy 336, Investment Policy, the Monthly Investments Report for October is forwarded to the Board of Directors for review. The portfolio contained in the Monthly Report on Investments for October 2012 is in compliance with Board Policy 336, Investment Policy. The District is able to meet its expenditure requirements for the next six months. Return on the District's investments is small due to the market conditions and ultra conservative investment approach. Daily roll-over of REPO and collaterized money market accounts is done with preservation of principal foremost in mind. ADVANTAGES/DISADVANTAGES: This report does not recommend a course of action with notable advantages or disadvantages.

266

Report No. 12-283 Page 2 of 2

ALTERNATIVE ACTIONS: This report is being provided to inform the Board of activities of the Treasury Department.

PRIOR RELEVANT BOARD ACTIONS/POLICIES: Board Policy 336, Investment Policy

ATTACHMENTS 1:

Monthly Report on Investments on October 2012

Department Head Approval:

lewis G. Clinton, Jr., Chief Financial Officer

Prepared by:

Beverly Abad-Fitzgerald, Treasury Administrator

267

ALAMEDA - CONTRA COSTA TRANSIT DISTRICT MONTHLY REPORT ON INVESTMENTS FOR THE GENERAL FUND OCTOBER 31, 2012

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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

269

INVESTMENT SUMMARY FOR THE GENERAL FUND & BUS/OTHER FUND OCTOBER 31,2012

TYPE

Average Interest Rate%

MONEY MARKET ACCOUNTS REPO'S TREASURY BILLS DISCOUNT NOTES AGENCY BONDS

0.248% 0.152% 0.000% 0.000% 0.000%

TOTAL GENERAL FUND INVESTMENTS

TYPE

Average Interest Rate%

Carrying Value

Par Value

Fair Value

%of Total

$17,931,605.44 $25,000,000.00 $0.00 $0.00 $0.00

$17,931,605.44 $25,000,000.00 $0.00 $0.00 $0.00

$17,931,605.44 $25,000,000.00 $0.00 $0.00 $0.00

41.77% 58.23% 0.00% 0.00% 0.00%

$42,931,605.44

$42,931 ,605.44

$42,931,605.44

100.00%

Carrying Value

Par Value

Fair Value

%of Total

0.034% 0.000% 0.000% 0.000%

$49,291 ,354.63 $0.00 $0.00 $0.00

$49,291,354.63 $0.00 $0.00 $0.00

$49,291 ,354.63 $0.00 $0.00 $0.00

100.00% 0.00% 0.00% 0.00%

TOTAL OTHER (Bus Proc./Chevron) INVESTMENTS

$49,291,354.63

$49,291,354.63

$49,291,354.63

100.00%

MONEY MARKET ACCOUNTS REPO'S DISCOUNT NOTES AGENCY BONDS

Page 1 270

ALAMEDA- CONTRA COSTA TRANSIT DISTRICT INVESTMENT OVERVIEW FOR THE GENERAL FUND & BUS PROCUREMENT/OTHER FUND OCTOBER 31,2012

2012 DESCRIPTION

JUL

YTD

2013

AUG

SEP

OCT

NOV

DEC

JAN

FEB

MAR

APR

MAY

JUN

AVERAGE

CURRENT MONTH AVERAGE INTEREST RATES Repurchase Agreements (current month) Money Market Accounts (current month) Govt Securities held at month end Treasury Bills (purchased in current month) Discount Notes {purchased in current month) Agency Bonds (purchased in current month)

0.130% 0.070%

0.120% 0.070%

0.145% 0.070%

0.152%

0.137%

0.070%

0.070%

0.072%

0.079%

0.039%

0.042%

0.088% 0.046%

0.097% 0.050%

0.084% 0.044%

0.160% 0.110% 0.120% 0.055%

0.150% 0.105% 0.125% 0.062%

0.130% 0.110% 0.129% 0.070%

0.170% 0.130% 0.136% 0.080%

0.153% 0.114% 0.128% 0.067%

DAYS 9

DAYS

DAYS

DAYS

7

7

7

DAYS 8

$25,000,000 $52,309,318

$25,000,000 $52,314,388

$25,000,000 $52,319,937

$25,000,000 $67,222,960

$25,000,000 $56,041,651

$77,309,318

$77,314,388

$77,319,937

$92,222,960

$0

$0

$0

$0

$0

$0

$0

$0

$81,041,651

$77,309,318

$77,314,388

$77,319,937

$92,222,960

$0

$0

$0

$0

$0

$0

$0

$0

$27,013,884

AVERAGE INTEREST RATE Repun::hase Agreements (12·month avg) Money Market Accounts (12-month avg) Govt Securities held at month end Treasury Bills (Portfolio) Discount Notes {Portfolio) Agency Bonds (Portfolio)

INVESTMENT BENCHMARKS Current Month Daily Fed Funds Average Current Month Daily 3 Month T Bill Rate Average Monthly Avg of Daily Fed Funds (12 month avg) Monthly Avg 3 Month T Bill Rate (12 month avg) AVERAGE MATURITY OF INVESTMENTS Repurchase Agreements Treasury Bills Discount Notes Agency Bonds

DAYS

DAYS

DAYS

DAYS

DAYS

DAYS

DAYS

DAYS

INVESTMENTS AT CARRYING VALUE Repurchase Agreements Money Market Accounts Treasury Bills Discount Notes Agency Bonds

INVESTMENTS AT COST

Page2

271

ALAMEDA· CONTRA COSTA TRANSIT DISTRICT RETURN ON INVESTMENTS FOR THE GENERAL FUND & BUS PROCUREMENT/OTHER FUND OCTOBER 31, 2012 2012 RETURN ON INVESTMENTS Repurchase Agreements Money Market Accounts

Treasury Bills Discount Notes Bonds

YTD

2013

JUL

AUG

SEP

OCT

NOV

DEC

JAN

FEB

MAR

APR

MAY

JUN

TOTAL

$2,743

$2,535

$2,993

$3,368

$0

$0

$0

$0

$0

$0

$0

$0

$11,639

2,807

2,807

2,717

3,378

0

0

0

0

0

0

0

0

$11,709

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

$0 $0

~5:5_0___

$5,342

$5,710

$6,746

$0

$0

$0

$0

$0

$0

$0

$0

$23.348

$2,903 2.647 $5,550

$2,236 3,106 $5,342

$2,715 2,995 $5,710

$3,847 2,899 $6,746

$0 0 $0

$0 0 $0

$0

$0

$0

0

0

0

$0

$0

$0

$0 0 $0

$0 0 $0

$0 0 $0

$11,701 $11,647 $23.348

$0

Total return on investments Interest received Acaued interest

Total return on investments

PORTFOLIO INVESTED Average daily portfolio available for investment Average daily portfolio invested

$33,870,968

$79,405,230 $33,870,968

42.66%

42.66%

$79,405,230

% of average daily portfolio invested

CARRYING VALUE GENERAL FUND PORTFOLIO

FY 12/13 Jul2012 A"g Sep Oct Nov Oeo

$42,603,947 $42,607,123 $42,610,779 $42,931,605

FY 11/12

Jan 2013

Jan 2012

Feb

Feb

Mac

Mac

Ape

Ape

May

May

Joo

Joo

CARRYING VALUE BUS/OTHER PORTFOLIO

Aug Sep Oct Nov Oeo

$34,705,371 $34,707,265 $34,709,158 $49,291,355

Jul2010 A"g Sep Oct Nov Oeo

Jan 2011 Feb

Mac Ape

May

Joo

$5,743,559 $5,743,605 $5,743,649 $5,743,695 $5,743,739 $5,743,817 $5,375,346 $5,375,389 $34,699,100 $32,551,967 $32,553,678 $34,703,831

Jul2011 Aug Sep Oct Nov Oec

Jan 2013

Jan 2012

Feb

Feb

Mac

Mac

Ape

Ape

May

May

Joo

Joo

Page3

272

$25,423,957 $15,427,078 $15,429,234 $15,429,332 $45,432,936 $45,437,277 $45,442,015 $45,447,053 $45,451,256 $45,453,059 $45,456,386 $40,459,599

Jul2009 A"g Sep Od Nov Oeo

Jan 2010 Feb

Mac Ape

May

Joo

Jul2010 A"g Sep Oct Nov Oec

Jan 2011 Feb

Mac Ape

May

Joo

$5,742,841 $5,742,990 $5,743,090 $5,743,140 $5,743,184 $5,743,245 $5,743,291 $5,743,332 $5,743,378 $5,743,423 $5,743,468 $5,743,513

$38,603,872 $29,608,637 $47,612,409 $47,111,961 $31,115,540 $26,118,775 $26,115,925 $27,518,036 $27,520,554 $27,522 ,185 $37,525,793 $35,422,186

FY 09/10

FY 10/11

FY 11/12

FY 12113 Jul2012

$35,460,813 $25,463,299 $25,464,942 $25,465,414 $40,467,036 $40,468,599 $40,837,954 $40,840,300 $40.843,075 $41,844,149 $42,597,995 $42,801,366

Jul2011 A"g Sep Oct Nov Deo

FY 09/10

FY 10/11

Jul2009 Aug Sep Oct Nov Oeo

Jan 2010 Feb

Mac

$3,130,877 $3,131,177 $3,131,362 $3,633,947 $3,634,044 $3,634,072 $3,634,100 $3,634,125 $3,634,125

Ape

$3,634,182

May

$3,634,210 $5,742,684

Joo

ALAMEDA- CONTRA COSTA TRANSIT DISTRICT DETAIL OF PORTFOLIO FOR THE GENERAL FUND & BUS PROCUREMENT/OTHER FUND OCTOBER 31, 2012 Pun:hased

TYPE

F'"m

Settlement

Maturity

Date

Date

Days to Maturity

MONEY MARKET ACCOUNTS Wells Fargo Local Banks

Bank of America

TREASURY BILLS:

Rate%

Maturity Rate %

Carrying Value

Par Value

Fair Value

0,070% 0.425%

16,180,895.44

16,180,895.44

16,180,895.44

0.425%

1,750,710.00

0.248%

0.248%

17,931,605.44

1,750,710.00 17,931,605.44

17,931,605.44

0.120%

0.120%

25,000,000.00

25,000,000.00

25,000,000.00

TOTAL DISCOUNT NOTES

0.00

0.00

0.00

TOTAL BONDS

0.00

0.00

0.00

42,931,605.44

42,931,605.44

42,931,605.44

441,237.44 1,832,012.27

TOTAL MONEY MARKET ACCOUNTS REPO'S

Purchased

TOTAL REPO

10/29/12

7

11/05/12

0.070%

1,750,710.00

TOTAL TREASURY BILLS

AGENCY DISC NOTES:

AGENCY BONDS:

rPoRTFO[IO-:-GENERACFOND MONEY MARKET ACCOUNT: Wells Fargo

TOTAL MONEY MARKET ACCOUNTS

Chevron 1-Bond Grant CalEMA Next Bus Set-aside Bus Procurement

0.010% 0.010% 0.070% 0.010% 0.070%

0.010% 0.010% 0.070% 0.010% 0.070%

441,237.44 1,832,012.27 2,148,782.57 637,013.65 44,232,308.70

2,148,782.57 637,013.65 44,232,308.70

441,237.44 1,832,012.27 2,148,782.57 637,013.65 44,232,308.70

0.034%

o-:-o-34·%

49,291,354.63

49,291,3-54.63

49,291 ,354.63

92,222,960.07

92,222,960.07

92,222,960_07

TREASURY BILLS: AGENCY DISC NOTES:

AGENCY BONDS:

IPORTFOLIO - OTHER {Chevron/r.BOnd/Next Bus/Bus Procurement)

!TOTAL PORTFOLIO COMPOSITlON OF PORTFOLIO : Money Market Accounts Repurchase Agreements Treasury Bills Discount Notes Bonds

GENERAL FUND

41.77% 58.23% 0.00% 0.00% 0.00% 100.00%

Page4

273

OTHER (Bus ProcurementiChevron/J-Bond, Etc.)

100.00% 0.00% 0.00% 0.00% 0.00% 100.00%

ALAMEDA- CONTRA COSTA TRANSIT DISTRICT REPURCHASE AGREEMENTS FOR THE MONTH ENDED OCTOBER 31,2012

SETTLEMENT DATE

MATURITY DATE

DAILY "REPO" INVESTMENT$

CURRENT # INTEREST OF DAYS RATE

INTEREST EARNED

INTEREST RECEIVED

CASH RECEIPT

AIR ACTIVITY

NET ACTIVITY

AVERAGE INVESTMENT AMT.INV *#OF DAYS/ DAYS IN MONTH :

31

BANK OF AMERICA

09/24/12 10/01/12 10/09/12 10/15/12 10/22/12 10/29/12 TOTAL

10/01/12 10/09/12 10/15/12 10/22/12 10/29/12 11/05/12

$25.000.000.00 $25,000,000.00 $25,000,000.00 $25,000,000.00 $25,000,000.00 $25,000,000.00

7 8 6 7 7 7

0.1500% 0.1700% 0.1600% 0.1700% 0.1400% 0.1200%

0.00 944.44 666.67 826.39 680.56 250.00

729.17 944.44 666.67 826.39 680.56 0.00

25,000,000.00 25,000,000.00 25,000,000.00 25,000,000.00 25,000,000.00 25,000,000.00

-729.17 0.00 0.00 0.00 0.00 333.33

-25,000,000.00 0.00 0.00 0.00 0.00 25,000,000.00

5,645,161.29 6,451,612.90 4,838, 709.68 5,645,161.29 5,645,161.29 5,645,161.29

$125,000,000.00

7

0.1520%

$3,368.06

$3,847.23

$150,000,000.00

-$395.84

$0.00

$33,870,967.74

Page 5 274

ALAMEDA- CONTRA COSTA TRANSIT DISTRICT GENERAL FUND GOVERNMENT SECURITIES SUMMARY FOR THE MONTH ENDED

OCTOBER 31,2012 TII:.UJ

CUSIP

AGENCY

SETTLEMENT

MATURITY

DISCOUNT

PAR

DATE

DATl:

RATE ('Yo)

VAWE

NUMBER

DAYS HELD

COST

MARKET RATE

FAIR VALUE

Treas_ury Bills Matured:

Treasury Bills Held at Month End:

+

RATE

""

l,;UKCNI

CARRYING VALUE

MONTH INT. EARNED

MAIUI
DURING

DURING

CARRYING

MONTH

MONTH

VALUE

+ _l_

TOTAL TREASURY BILLS

0.00

0.~

0.00

0.00

0,00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

o.oo

0.00

o.oo

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

Discount Notes Matured:

Discount Notes Held at Month End:

TOTAL DISCOUNT NOTES A

enc

Bond Matured

Agency Bond Held at Month End:

TOTAL BONDS

TOTAL GOVERNMENT SECURITIES

I

0.00

0.00

0.00

0,00

0.00

0.00

0.00

0.00

Government Securities 90 days and less

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

Government Securities over 90 days

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

Total Government Securities- Aged

0.00 0.00

000

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00 0.00

Variance

PageS

275

0.00

Report No: Meeting Date:

12- 284 December 12, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

Finance and Audit Committee AC Transit Board of Directors

FROM:

David J. Armijo, General Manager

SUBJECT:

Equipment Disposal

ACTION ITEM RECOMMENDED ACTION(S):

Consider approval to dispose of buses and equipment through sale or by means most advantageous to the District. EXECUTIVE SUMMARY:

The buses and equipment identified in the disposal list (Table 1) have surpassed their useful life expectancy for the District's needs.

Costs to repair these vehicles and equipment outweigh

their value; therefore, the vehicles and equipment are recommended for disposal in accordance with methods outlined in Board Policy 356.

Since the vehicles and equipment are fully

depreciated, there is no financial obligation to the Federal Transit Administration (FTA) with regard to the recommended disposal. BUDGETARY/FISCAL IMPACT:

Bus- Estimated Sale Proceeds: $650 - $3,500 Equipment -Estimated Sale Proceeds: $100 - $1,000

BACKGROUND/RATIONALE:

The FTA requires that transit agencies operate transit buses funded by that agency for a period of 12 years or 500,000 miles to fulfill all financial obligations. The transit buses in the disposal list have all met these FTA requirements. The training simulator equipment on the disposal list is obsolete and has not been in operable condition for several years. Since the equipment had a useful life of over one year and an acquisition value of over $1,000, Policy 356 requires Board authorization of the sale. The sale of the buses in the disposal list (Table 1) is expected to result in proceeds of about $650 to $3,500 per bus. The sale of the training equipment is expected to result in proceeds of $100- $1,000. The disposal list (Table 1) is shown on the following page.

276

Report No. 12-284 Page 2 of 3 Table 1: Disposal List ID Number

Year

Description

Div

Asset Tag

Acquisition Cost

107

1996

BUS: MINI VAN, ELDORADO

D6

3SS24

74,04S.38

1SO

1989

BUS: FLXIBLE

D6

S0272

164,707.47

FY063/MTCUN

1S4

1989

BUS: FLXIBLE

D6

S0276

164,707.47

FY063/MTCUN

2020

2003

BUS: VAN HOOL, 60' ARTIC

CMF

42908

4S3,421.17

00001/ FY140/ MTCUN

1921

1996

BUS: NEW FLYER ARTIC

D6

3S421

386,862.62

00001/ FXS42/ MTCUN/ SBRFN

1929

1996

BUS: NEW FLYER ARTIC

D6

3S429

386,862.62

00001/ FXS42/ MTCUN/ SBRFN

3102

1998

BUS: NASI, 3RD SERIES

D6

373S1

274,784.86

00001/ F0438/ FY140/ MTCUN/ S4403

3117

1998

BUS: NASI, 3RD SERIES

D6

37396

274,860.36

00001/ FXS97 / FY140/ MTCUN/ S4403

3120

1998

BUS: NASI, 3RD SERIES

D6

3740S

2S8,439.11

00001/ FXS97/ MTCUN/ S4403

3129

1998

BUS: NASI, 3RD SERIES

D6

37432

274,784.86

00001/ FX690/ FY140/ MTCUN/ S4403

31S2

1998

BUS: NASI, 3RD SERIES

D6

37S01

273,289.87

00001/ FX794/ FY249/ MTCUN

31S6

1998

BUS: NAB I, 3RD SERIES

D6

37S13

273,289.87

00001/ FX794/ FY249/ MTCUN

6004

2000

BUS: MCI 102DL3

CMF

39673

44S,281.43

00001/ FX941/ MTCUN/ FY249

6030

2000

BUS: MCI 102DL3

CMF

41109

4S4,6S8.08

00001/ FX947/ MTCUN/ FY2SO

E40777

EQUIP: TRAINING, VEHICLE TRAIN

TEC

40777

248,974.30

00001/ FX730/ MTCUN

E40776

EQUIP: TRAINING, SIMULATOR

TEC

40776

240,91S.44

00001/ FX730/ MTCUN

Funding Source

MTCUN/ 00001/ FX690

ADVANTAGES/DISADVANTAGES: The advantages of disposing of the equipment include elimination of the need to maintain the outdated equipment and provision of added space at the operating divisions.

277

Report No. 12-284 Page 3 of 3 The disadvantage of a decision to not approve the disposition of these assets is the requirement to provide limited maintenance for the equipment and space constraints that will result in additional buses being retired as new buses arrive in 2013.

ALTERNATIVE ACTIONS: •

Do nothing - This alternative is not recommended since the District is in the bus procurement process to replace vehicles that have surpassed their life cycle and space is needed for the buses that will be retired as the new buses arrive in 2013.

PRIOR RELEVANT BOARD ACTIONS/POLICIES: GM Memo No. 12-059 - Consider Recommending Approval to Dispose of Seventeen (17) Revenue Vehicles, Three {3) Non-Revenue Vehicles and Two {2) Shop Equipment. GM Memo No. 12-114- Consider Review and Approval of Board Policy No. 356- Disposition of Surplus Equipment, Supplies, and other Tangible Personal Property of the District.

ATTACHMENTS: 1: There are no attachments associated with this report.

Department Head Approval:

James D. Pachan, Chief Operating Officer

Reviewed by:

Kenneth C. Scheidig, Interim General Counsel Lewis Clinton, Chief Financial Officer Stuart Hoffman, Technical Service Manager

Prepared by:

278

This page intentionally blank 

279

Report No: Meeting Date:

12-285 December 12, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

Finance and Audit Committee AC Transit Board of Directors

FROM:

David J. Armijo, General Manager

SUBJECT:

Report from the Parcel Tax Fiscal Oversight Committee on Measure VV Proceeds

BRIEFING ITEM RECOMMENDED ACTION(S): Consider Receiving a Report from the District Parcel Tax Fiscal Oversight Committee on FY 201112 Measure VV Tax Proceeds for the Year Ended June 30, 2012. EXECUTIVE SUMMARY: The District received approximately $29.3 million in Measure VV funding for FY 2011-12, ending June 30, 2012. This revenue is used to cover the cost of operations and maintenance of bus service within Special Transit Service District No. 1 (STSD #1). After taking into account the Federal funding available for this cost, the net cost remaining that can be covered by Measure V V funding was $42.2 million. 100% of the Measure VV funding was applied to this cost, leaving $12.9 million to be funded by other resources. BUDGETARY/FISCAL IMPACT: Audited statements for FY ending June 30, 2012 show Measure VV Tax Receipt of $29.3 million to AC Transit, Special Transit Service District No. 1

BACKGROUND/RATIONALE: On December 5, 2012, staff presented CFO Staff Report 12-01 regarding FY 2011-12 Measure V V Tax proceeds for AC Transit Special Transit Service District No. 1 to the District Parcel Tax Fiscal Oversight Committee. The report included the Measure VV Schedules with Independent Accountant's Report, Year Ended June 30, 2012. FY 2011-12 Measure VV Receipts total approximately $29.3 million, and was applied to expenditures in Special Transit Service District No. 1. In accordance with the requirements of Resolutions No. 2067 and 05-031, the Oversight Committee is required to formulate a written report and submit it to the AC Transit Board of Directors. The Oversight Committee received, reviewed and approved the report and attested that Measure VV funds received in FY 2011-12 have been spent in accordance with the intent of the Measure by adopting Resolution 12-01, attached.

280

Report No. 12-286 Page 2 of 2 It is requested that the Board acknowledge receipt of Resolution 12-01 from the District Parcel Tax Fiscal Oversight Committee for the Fiscal Year Ended June 30, 2012. The District Parcel tax Fiscal Oversight Committee Meeting Agenda and the accompanying packet of information for the meeting of December 5, 2012 are attached.

ADVANTAGES/DISADVANTAGES: Receipt of the annual Measure VV Audited Financial Statements and the supporting Alameda Contra Costa Transit District Report for FY 2011-12.

ALTERNATIVE ACTIONS: This report does not recommend an action.

PRIOR RELEVANT BOARD ACTIONS/POLICIES: GM Memo 11-249, December 14, 2011

ATTACHMENTS: 1: CFO Staff Report No. 12-01 Consider Receiving Report from the Parcel Tax Fiscal Oversight Committee on FY 2011-12 Measure VV Tax Proceeds 2: Resolution 12-01 Department Head Approval: Lewis G. Clinton, Jr., Chief Financial Officer Prepared

by:

Lewis G. Clinton, Jr., Chief Financial Officer

281

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT PARCEL TAX FISCAL OVERSIGHT COMMITTEE

AGENDA Special Meeting of the Parcel Tax Fiscal Oversight Committee AC Transit General Offices 10th Floor Conference Room 1600 Franklin Street Oakland, CA 94612

Wednesday, December 5, 2012, at 2:00 p.m. MEMBERS OF THE OVERSIGHT COMMITIEE JANET ABELSON ROBERT APODACA ELOISE BODINE MARK CHEKAL-BAIN BEVERLY JOHNSON MARIA VIRAMONTES MATT WILLIAMS

DISTRICT OFFICERS DAVID ARMIJO, CORPORATION CHIEF EXECUTIVE OFFICER KENNETH C. SCHEIDIG, INTERIM GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY LEWIS CLINTON, CHIEF FINANCIAL OFFICER

AC Transit Parcel Tax Fisca l Oversight Committee

December 5, 2012

282

Page 1 of 3

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 Committee) 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. Order of Agenda Items: The Committee may discuss any item listed on this agenda and in any order. 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 Committee. Written materials presented at a meeting by staff or a member of the Committee 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 Parcel Tax Fiscal Oversight Committee are accessible to individuals in wheelchairs.

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) 8917201. AC Transit's General Offices are generally served by bus lines 1, 11, 12, SlA, 72, 72M. The nearest accessible bus service is provided at the intersection of Broadway and lih Street in Oakland. The nearest accessible BART station is the 19'h 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.

AC Transit Parcel Tax Fiscal Oversight Committee

December 5, 2012

283

Page2of3

PARCEL TAX FISCAL OVERSIGHT COMMITTEE Wednesday, December 5, 2012, at 2:00 p.m. 1. 2.

3.

4.

Staff Contact or Presenter

ROLL CALL OATH OF OFFICE i Administer the Oath of Office to newly appointed members.

Linda Nemeroff

891-7284

SELECTION OF CHAIRPERSON The Chair shall serve at the pleasure of the Committee and shall be selected from the majority of the Committee members present. PUBLIC COMMENT Any person may directly address the Committee at this time on any items of interest

to the public that is within the subject matter and jurisdiction of the Committee. Speakers wishing to address a specific agenda item will be invited to address the Committee at the time the item is being considered. Two (2) minutes are allowed for each item.

5. SA.

SB.

DISCUSSION/ACTION ITEMS: Consider approving the minutes of the District Parcel Tax Oversight Committee meeting of December 6, 2011.

Linda Nemeroff

Consider review and approval of the Measure V V Financial Statement and the adoption of Resolution No. 12-1 determining that the Measure V V funds collected during the 2011-12 fiscal year have been appropriated and expended in Special Transit Service District One for operation and maintenance activities (CFO Memo No. 12-01).

Lewis Clinton

6.

COMMITTEE/STAFF COMMENTS

7.

ADJOURNMENT

AC Transit Parcel Tax Fiscal Oversight Committee

December 5, 2012 284

891-7284

891-4752

Page 3 of 3

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285

CFO Report No: Meeting Date:

12-01 December 5, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

District Parcel Tax Fiscal Oversight Committee AC Transit Board of Directors

FROM:

Lewis G. Clinton, Chief Financial Officer

SUBJECT:

FY 2011-12 Measure VV Tax Proceeds to AC Transit Special Transit Service District

ACTION ITEM RECOMMENDED ACTION(S):

Consider Review and Approval of the Measure V V Financial Statement and the Adoption of Resolution 12-01 Determining that the Measure V V Funds Collected During the 2011-12 Fiscal Year have been Appropriated and Expended in Special Transit Service District One for Operation and Maintenance Activities. EXECUTIVE SUMMARY:

The District received approximately $29.3 million in Measure VV funding for FY 2011-2012, ending June 30, 2012. This revenue is used to cover the cost of operations and maintenance of bus service within Special Transit Service District No. 1 (STSD #1). In the attached financial statements there is a Schedule of Maintenance Costs Funded by Measure VV Taxes. The schedule shows that total maintenance costs for STSD #1 was $69.5 million. After taking into account the Federal funding available for this cost, the net cost remaining that can be covered by Measure VV funding was $42.2 million . 100% of the Measure VV funding was applied to this cost, leaving $12.9 million to be funded by other resources. BUDGETARY/FISCAL IMPACT:

Audited financial statements for FY ending June 30, 2012 show Measure VV Tax Receipts of $29.3 million to AC Transit, Special Transit Service District No. 1.

BACKGROUND/RATIONALE:

Measure AA is a 2002 Alameda County and Contra Costa County (Counties) voter approved ballot measure authorizing the Counties to levy and collect a $24 per year parcel tax over 5 years for the purposes of preserving affordable local transportation services that allow seniors and people with disabilities to remain independent, take students to and from schoot help East Bay residents commute to work and reduce traffic and air pollution by reducing the number of cars on the road . The voters in Special Transit District 1 approved Measure BB, in replacement of Measure AA, which authorizes the AC Transit District to levy a special tax in the amount of $48 per year, per parcel for ten years, commencing July 1, 2005. The voters in Special Transit 286

Report No. 12-01 Page 2 of 3 District 1 approved Measure VV, in replacement of Measure BB, which authorizes the AC Transit District to levy a special tax in the amount of $96 per year, per parcel for ten years, commencing July 1, 2009.

Proceeds from this special tax can only be used to fund the

operations and maintenance of bus service within Special Transit Service District (STSD) No. 1. Revenue Collection History for each Measure Measure

FY04/05

AA*

$6.9MM

FY07/08

BB**

FYll/12

$15.1MM

vv•••

$29.3MM

*first year of revenue collection began FY03/04 **first year of revenue collection began FYOS/06 "'"'*first year of revenue collection began FY09/10

Funds used for the operation and maintenance of bus services by AC Transit in Special Transit Service District No. 1 (District 1). See attachment, Measure VV Schedules with Independent Accountant's Report of Operations and Maintenance Expenses by County and Special Transit Service District, year ended June 30, 2012. The revenue provided by Measure VV funds is essential to the sustainability of District operations. At November 12, 2008 Board of Directors meeting. The Board approved adoption of Resolution No. 08-064 establishing the Alameda-Contra Costa Transit District Parcel Tax Fiscal Oversight Committee, appointing its membership, repealing Resolution No. 2098, and amending Resolution Nos. 2067, 2135, 08-051 and 08-044 as appropriate (GM Memo No. 08-284). In accordance with AC Transit Resolution No. 2067 and 2135 the District Parcel Tax Committee is requested to review the use of Measure VV funds as accounted for on the attached report and to provide a written report to the AC Transit Board of Directors at their Special Board meeting of December 12, 2012. Resolution 12-01 is attached for your consideration.

ADVANTAGES/DISADVANTAGES: Receipt of the annual Measure VV Audited Financial Statements and the supporting Alameda Contra Costa Transit District Report for FY 2011-2012.

287

Report No. 12-01 Page 3 of 3 ALTERNATIVE ACTIONS:

This report does not recommend an action

PRIOR RELEVANT BOARD ACTIONS/POLICIES:

GM Memo 11-249, December 14, 2011 ATTACHMENTS

1:

Measure VV Schedules with Independent Accountant's Report

2:

AC Transit Audited Financial Statements; Year Ended June 30, 2012.

3:

Resolution 12-01

Department Head Approval: Prepared by:

David Armijo, General Manager Lewis G. Clinton, Jr., Chief Financial Officer

288

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289

CFO Staff Report 12-01 Att .1

Alameda Contra-Costa Transit District Measure VV Schedules with Independent Accountant's Report Year Ended June 30, 2012

290

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INDEPENDENT ACCOUNTANT'S REPORT ON Al'I'LYI.NG AGREED-UPON PROCEDUHES Doard of Directors Alameda Contra-Costa Transit District Oakland, California

We have perfonnt!d the procedures enumerated below, which wcw agreed to by management of the Alameda-Contra Costa Transit District (the District), solely to assist you in evaluating service

hours, service miles, and the allocation of operations and maintenance expenses by county and Special Transit Service District (STSD) set fot1h in the accompanying schedules for the year ended June 30, 2012. The District's management is responsible for the accompanying schedules.

This agreed-upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of these procedures is solely the responsibility of those parties specilicd in the report. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. Our procedures and findings arc as follows:

GENERAL a.

\Ve read the Measure VV voter approved ballot measure noting that the ten-year parcel tax is levied for the purposes of providing essential transportation services,

including the operation and maintenance of bus services within District I. b.

We traced Mca.>urc VV funds received for the ycur ended June 30, 2012 to the District's general ledger and to the independent confinnations received from the County of Alamed a ami the County of Contra Costa.

SCHEDUW OF SMVIC!i flOURS AND Sli!IV!C!C MILES BY COUNTY AND S!'/>:C!AL TRANSIT DISTRICT a.

We tested the schedule for clerical accuracy and noted no clerical errors.

b.

We compared service hours for the year ended June 30, 2012 to the worksheets prepared by the District and found them to be in agreement.

c.

We compared STSD No. I service hours for the year ended June 30, 2012 to the worksheets prepared by the District and noted agreement of service hours by county.

d.

We recomputed the net changes in service hours during the year ended June 30,2012 by county and STSD, and noted no errors. r

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Findings: I. Service hours by STSD and by Alameda and Contra Costa counties agree to the District's OTS 370 report for the year ended June 30,2012.

2. We noted total service hours decreased 40,608 or 2.3% due to service reductions. e. We compared service miles by STSD for the year ended June 30,2012 to worksheets prepared by the District and found them to be in agreement. f.

We compared STSD No. I miles for the year ended June 30, 2012 to the worksheets prepared by the District and noted agreement of service miles by county.

g. We recomputed the net changes in service miles during tbe year ended June 30,2012 by county and STSD, and noted no errors. Findings: I. Service miles and by Alameda and Contra Costa counties agreed to the District's OTS 370 report for the year ended June 30, 2012. 2. We noted total service miles decreased 826,527 or 3.7% due to service reductions. SCHEDULE OF OPERATIONS AND MAINTENANCE EXPENSES BY COUNTY AND SPECIAL TRANSIT SERVICE DISTRICT a. We tested the schedule for mathematical accuracy and noted no mathematical errors. b. We compared total expenses to tbe District's unaudited Statement of Revenues, Expenses, and Changes in Fund Net Assets for the Transit Fund for the year ended June 30,2012, and found tbem to be in agreement. c. We recomputed the total expenses before allocation by county and STSD, and noted no errors. d. We compared service hours and service miles by county and STSD to the Schedule of Service Hours and Service Miles by county and STSD and found tbem to be in agreement. e. We recomputed the service hours and service miles allocation percentages and noted no errors.

2 293

f.

We traced expenses, allocated by county and STSD, to a worksheet proparcd by the District and found them to be in agreement. We noted that the District computed the allocated expenses for Contra Costa County, STSD No. I as follows: Total Expenses before allocation X (Scl'llice Hours allocation % (a) + Se!'llice Dy County and STSD Miles Allocation% (b)) 2 (a) Scl'llicc Hours allocation % =

Contra Costa County STSD 1 Scl'lljce Hours Total STSD I Sel'llice Hours

(b) Sel'llice Miles allocation % =

Contra Costa County STSD I Sc!'llice Miles Total STSD I Sel'llice Miles

g. We recomputed expenses allocated to Contra Costa County, STSD No. I using the above calculation and found the recomputed expenses to be in agreement with amounts calculated by the District after giving effect to rounding. h. We compared the method used to allocate operations and maintenance expenses to Alameda STSD No.2 to the District's stated allocation methodology and found them to be in agreement. i.

We noted that the District computed the allocated expenses for Alameda County STSD No. 1 as follows: I.

2.

TOIIIexpaucs bef
Expcnscs~locatcd

Expmscs ~located

Allocalion

to Contra Costa County

to Alameda County

by county and STSD

STSDNo. I

Expcoscsalk>carcd

Expenses ~loeated

Expenses ~locotcd

lo Alameda Coulll)'

to Aluncda County

10 Alomcdo Cowuy STSONo. I

STSDNo.2

j.

We noted that the District allocated total operations and maintenance expenses to STSD No. I by adding the sum of expenses allocated to Contra Costa County STSD No. I plus expenses allocated to Alameda County STSD No. 1.

k. We recomputed the total allocation of operations and maintenance expenses to Alameda County and Contra Costa County STSD No. I, and found the recomputed expenses to be in agreement with amounts calculated by the District after giving effect to rounding. I.

We verified that the Measure VV proceeds n:ceived by the District did not exceed tho operations and maintenance expenses allocated to STSD No. I.

m. We noted that total District operations and maintenance expenses allocated to STSD No. I exceeded Measure VV funding of $29,268,624 by $294,382,93 I for the year ended June 30, 2012.

3 294

SCHEDULE OF MAINTENANCE COSTS FUNDED BY MEASURE VV TAXES n. We obtained the Schedule of Maintenance Costs Funded by Measure VV Taxes (Schedule) from the District. o. We agreed Total Modal Expenses reported on the Schedule for function code 041 Vehicle Maintenance and 042 Non-vehicle Maintenance to the District's National Transit Database Report, Operating Expenses (F-30) form with out exception. p. We recalculated Indirect Costs allocated to Maintenance as follows: I. We obtained general ledger reports and traced direct labor costs to the Schedule.

2. We obtained the District's Cost Allocation Plan and agreed the Indirect Cost Rate reported on the Schedule to the Plan without exception. 3. We recalculated Indirect Costs Allocated to Maintenance by multiplying direct labor by the Indirect Cost Rate and agreed the total to the amount reported on the Schedule. q. We recalculated the percentage used to allocate costs reported on the Schedule by using expense allocations reported in the Special Transit Senice Districts No. I and No. 2 Schedule with Independent Accountant's Report. r.

We recalculated the percentage used to allocate Federal Preventative Maintenance Awards reported on the Schedule by using the allocation reported in the Special Transit Senice Districts No. I and No. 2 Schedule with Independent Accountant's Report.

s.

We agreed Measure VV Taxes to the Special Transit SeMI ice Districts No. I and No. 2 Schedule with Independent Accountant's Report.

t.

We compared Net Costs Remaining After Applying Federal Awards to Measure VV Taxes and noted costs exceeds Measure VV taxes.

We were not engaged to, and did not, conduct an audit, the objective of which would be the expression of an opinion on the accompanying schedule. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report is intended solely for the information and use of the District's Board of Directors and management and the Measure VV oversight committee and is not intended to be and should not be used by anyone other than those specified parties.

orl\~. ~~ Octo!tP30, 2012

4 295

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT Schedule of Service Hours and Service Miles . by County and Special Transit Service District ·Year Ended June 30, 2012

For the Year Ended June 30, lOll

Net Increase/ (Decreasel

For the Year Ended June 30, lOll

SERVICE HOURS Contra Costa - STSD No. I Alameda- STSD No. I Allimeda- STSD No. 2 Total Alameda service hours Total STSD No. I service hours

208,785

(14,009)

194,776

1,380,692 214,136

2).79 (28,881)

1,382,971 185,255

1,594,828

(26,602)

1,568,226

1,589,477

(11,730)

1,577,747

2,798,930

(286,231)

2,512,699

16,254,004 3,330,713

(47,379) (492,917)

16,206,625 2,837,796

19,584,717

(540,296)

19,044,421

19,052,934

(333,610)

18,719,324

SERVICE MILES Contra Costa- STSD No. I Alameda- STSD No. I Alameda- STSD No. 2 Total Alameda service miles Total STSD No. I service miles

5 296

ALAMEDA-CONTRA COSTA TRANSIT DISTRlcr Schedule of Operalions and Maintenance Expenses by CoUDly and Spcoial Transit Service District Year Ended June 30,2012

Total Expenses

Description Ezpensos Opc:niOrwages Olherwages Fringe benefits Pension expenses Services Fuel and lubricaots Office/printing supplies Bus partslmainlaWioe supplies Utilities

"'

Before Allocatioo BlCoun~aad STSD

$

-

Other cxpeuses

ADA paralrallsitjoint VCD1Ute lnlerestcxpeuse Depm:iatian Total cxpeuses

s

58,383,951 48,328,304 78,968,453 38,624,454 20,545,799 18,592,005 535,164 13,374,563 2,577,011 9,261,929 11,588,879 24,238,119 1,847,371 37,897,398

Cootra CDSIB #I

Couo~ STSD

s

STSD#1

--

s

6,736,930 5,489,682 9,048,078 4,425,528 2,340,792 2,111,893

60,190 1,519,236 292,n6 1,052,076 1,316,397 2,789,485 211,191 4,304,820

364,763,400

··-

45,551,737 37,118,4n 61,178,567 29,923,199 15,827,262 14,279,558 411,032 I0.2n.Jlo 1,979,269 7,113,609 8,900,819 18,861,099 1,427,966 29,107,032

41,699,624

281,951,931

Measure W revenues

5,052,436

. 24,216,188

Total Measun: revenues

5,052,436

24,216,188

s

Net deficit

Setvioe Hours Allocalion Pc:n:entage

Servioe Miles Allocatioo. Pcrc:cntage Avon!8e

(36,647,188)

s

(257,735,743)

Alameda Couoty STSD#l

$

6,095,284 5,720,150 8,741,808 4.275,n7 2,377,745 2,200,554 63,342 1,583,017 305,016 1,096,244 1,371,663 2,587,535 208,214 4,485,545

$

52,288,667 42,608,154 70,226,645 34,348,n7 18,168,054 16,391,451 471,822 11,791,546 2,271,995 8,165,685 10,217,216 21,650,584 1,639,157 33,411,852 323,651,555

-

24,216,188

29,268,624

-

24,216,188

29,268,624

(41,1!1,844)

194,776 11.05%

1,382,971 78.44%

185,255 10.51%

21,557,120 100.00%

2,512,699 11.66%

16,206,625 75.18%

2,837,796 13.16%

100.0%

11.35%

76.81%

11.84%

297

51,647,021 42,838,622 69,920,375 34,198,926 18,205,007 16,480,112 474,374 11,855,327 2,284,285 8,209,853 I0.2n,482 21,448,634 1,636,180 33,592,578 . 323,063,776

1,763,002 100.00%

See ......_;,g aotes JOibc schedule.

s

41,111,844

s

Total STSD#1

Total

s

~98,847,588)

s

@4,382,931)

-

1,581,414

-

18,719,324

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT Schedule of Maintenance Costs Funded by Measure VV Taxes by County and Special Transit Service District Year Ended June 30, 2012

STSDHI

Maintenance Costs and Funding Total Modal Expenses 041 Vehicle Maintenance 042 Non-Vehicle Maintenance Indirect Costs Allocated to Maintenance Total Maintenance Costs

STSDII2

Amount

%

$46,575,089 7,472,387 15,436,688

88.73% 88.73% 88.73%

69,484,164

Amount

$5,915,713 949,102 1,960,684

%

11.27% 11.27% 11.27%

8,825,499

Total

$52,490,802 8,421,489 17,397,372 78,309,663

Funding:

Federal Preventative Maintenance awards Net Costs Remaining After applying Federal Awards Measure VV Taxes Net costs funded by other resources

27,330,803

88.24%

42,153,361 29,268,624

3,642,455

5,183,044 100.00%

$12,884,737

30,973,258

47,336,405 29,268,625

$5,183,044

{") Calculation of Indirect Costs Allocated to Maintenance Direct labor included in Total Modal Expenses above Indirect Cost Rate

11.76%

$18,067,780

$19,709,269 88.27%

Indirect Costs Allocated to Maintenance

$17,397,372

7 298

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT Notes to the Schedule of Service Hours and Service Miles by County and Special Transit Service District and The Schedule of Operations and Maintenance Expenses by County and Special Transit Service District Year Ended June 30,2012 1. General On November 30, 2004, the voters approved Measure BB, which superseded the Measure AA parcel tax authorizing Alameda and Contra Costa Counties (the Counties) to levy and collect a parcel tax for the purposes of"presening affordable local public tramportation services that allow seniors and people with disabilities to remain independent, take students to and from school, help East Bay residents commute to work and reduce traffic and air pollution by reducing the number of cars on the roail'. The tax became effective on July I, 2005 and was to terminate on June 30, 2015. However, on November 4, 2008, the voters approved Measure VV, which supersedes the Measure BB parcel tax. Measure VV became effective July I, 2009 and increased the annual parcel tax to $96 per parcel. Measure VV is effective though June 30, 2019. Proceeds from this special tax can only be used to fund the operation and maintenance of bus service within Special Transit Service District (STSD) No. I. The District received approximately $29.3 million in Measure VV taxes during the year ended June 30,2012.

:z.

Summary of Significant Accounting Policies and Scbedule Presentation These schedules are prepared under the guidelines of the agreement between the Contra Costa Transportation Authority and the Alameda-Contra Costa Transit District that essentially allocates expenses between STSD No. I and STSD No. 2. Consequently, they do not present the fmancial position, changes in financial position, or cash flows of the Alameda-Contra Costa Transit District.

3. Basis of Accounting The Schedule of Operations and Maintenance Expenses by County and Special Transit Service District has been prepared in accordance with the accrual basis of accounting. 4. Basis of Expense Allocation The expenses on the Schedule of Operations and Maintenance Expenses by County and Special Transit Service District are prorated to the Counties and the Special Transit Service Districts. It is based on an equal weighing of the relationship of hours and miles of service between the Counties and the Special Transit Service Districts within the Counties.

8 299

CFO Report No.

ALAMEDA CONTRA-COSTA TRANSIT DISTRICT BASIC FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2012

300

12-01 Att. 2

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301

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT For the Year Ended June 30,2012 Table of Contents Page Independent Auditor's Report ........................................... ,., ..................................................................... 1 Management's Discussion and Analysis (Required Supplementary Information) .............................. 5 Basic Financial Statements: Business-type Activity- Enterprise Fund: Statement of Fund Net Assets ..................................................................................................... 14 Statement of Revenues, Expenses, and Changes in Fund Net Assets ........................................ IS Statement of Cash Flows ............................................................................................................ 16 Pension Trust Fund: Statement of Plan Net Assets ...................................................................................................... !? Statement of Changes in Plan Net Assets ................................................................................... IS Notes to the Basic Financial Statements ............................................................................................. 19 Required Supplementary Information: Schedules of Funding Progress ........................................................................................................... 44 Other Supplementary Information: Comparative Statements of Fund Net Assets ....................................................................................... 46 Comparative Statements of Revenues, Expenses, and Changes in Fund Net Assets .......................... 47 Comparative Statements of Cash Flows .............................................................................................. 48 Comparative Schedules of Revenues, Expenses, and Changes in Fund Net AssetsBudgetary Basis- Business-type Activity- Enterprise Fund- Transit Only ............................... 49 Schedule of Revenues, Subsidies and Expenses, Budget Versus Actual Business-type Activity- Enterprise Fund- Transit Only ........................................................... ,50 Schedule of Revenues and Expenses by Service Area Business-type Activity -Enterprise Fund- Transit Only ............................................................. SI Notes to Other Supplementary Information ........................................................................................ S3

302

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INDEPENDENT AUDITOR'S REPORT

Board of Directors Alameda-Contra Costa Transit District Oakland, California

We have audited the accompanying financial statements of the business-type activity of the AlamedaContra Costa Transit District (the District) as of and for the year ended June 30, 2012, which collectively comprise the District's basic financial statements as listed in the table of contents. These financial statements arc the responsibility of the District's management. Our responsibility is to express opinions on these financial statements based on our audit. We did not audit the financial statements of the Pension Trust Fund. Those fmancial slalemt:nts were audited by other auditors whose report thereon has been furnished to us, and our opinion, insofar as it relates to the amounts included for the Pension Tmst Fund, is based on the report of the other auditors. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. The financial statements of the Pension Trust Fund were not audited in accordance with Government Auditing Standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit and the report of the other auditors provide a reasonable basis for our opinion. In our opinion, based on our audit and the report of other auditors, the fmancial statements referred to above present fairly, in all material respects, the respective fmancial position of the business-type activity and Pension Trust Fund of the District, as of June 30, 2012 and the respective changes in financial position and, where applicable, cash flows thereof for the year then ended in conformity with accounting principles generally accepted in the United States of America.

3478 Buskirk Avenue, Suite 215

925.930.0902 925.930.0135 e [email protected]

Pleasant Hill, CA 94523

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Accountancy Corporation

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304

In accordance with Government Auditing Standards, we have also issued our report dated September 30, 2012 on our consideration of the District's internal control over fmancial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. Accounting principles generally accepted in the United States of America require that Management's Discussion and Analysis and budgetary comparison information be presented to supplement the basic financial statements. Such infonnation, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of fmancial reporting for placing the basic financial statements in an appropriate operational, economic or historical context. We 'have applied certain limited procedures to this infonnation in accordance with generally accepted auditing standards in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Our audit was conducted for the purpose of forming opinions on the financial statements that comprise the District's financial statements as a whole. The Supplemental Information is presented for purposes of additional analysis and are not a required part of the financial statements. The Supplemental Information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such infonnation directly to the underlying accounting and other records used to prepare the financial statements or to the fmancial statements themselves, and other additional procedures in accordance with generally accepted auditing standards in the United States of America. In our opinion, the Supplemental Information is fairly stated in all material respects in relation to the basic financial statements as a whole.

September 30, 2012

2 305

Management's Discussion and Analysis

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307

Management's Discussion & Analysis This discussion and analysis ofthe Alameda-Contra Costa Transit District's financial performance provides an overview of the District's activities for Fiscal Year 2012 with comparisons to the prior fiscal year. We encourage readers to consider the information presented here in conjunction with the transmittal letter contained in the Introductory Section and with the statements and related notes contained in the Financial Section.

Financial Highlights •

At June 30, 2012, total assets were $417.5 million, a increase of $30.5 million or 8 percent compared to June 30, 2011. In Fiscal Year 2011, total assets were $387 million. Total current assets at June 30, 2012 were $194.4 million, a increase of $55 million or 40 percent. Capital assets, net of accumulated depreciation decreased $22.8 million, as did Other Non-Current Assets by $1.7 million.



At June 30, 2012, total liabilities were $148.8 million, a increase of$12.3 million or 9 percent compared to June 30, 2011. Total current liabilities were $65.2 million, with a $7.8 million increase due to a pending settlement. Total other non-current liabilities increased by $7.8 million due to adopting more conservative confidence levels, for the Workers Compensation and Public Liability and Property Damage (PLPD) liabilities.



For Fiscal Year 2012, Opemting Revenues decreased by $0.8 million or I percent. While there was an increase in Passenger fares of$1.4 million, this was offset by decreases in Contract Services and Other Fares.



In Fiscal Year 2012, total operating expenses were $350.1 million, an increase of $15.3 million or 5 percent compared to $334.8 million in Fiscal Year 2011. The 2012 results were mostly due to a decrease in Salaries & Wages offset by increases in most other expense categories.



For Fiscal Year 2012, non-operating revenues were $261.8 million, which is an increase of $4.1 million or 2 percent compared to Fiscal Year 2011. While Federal Preventive Maintenance program funds decreased by $10.3 million this was more than offset in increases in Property Taxes and other Local subsidies. In Fiscal Year 2011, nonoperating revenues were $257.5 million.



At June 30, 2012, net assets were $268.6 million, an increase of$18.2 million or 7 percent from June 30, 2011. The 2012 increase was primarily due to an increase in State contributions. for capital projects. At June 30, 2011, net assets were valued at $250.5 million.

Overview of the Financial Statements The Financial Section of this report presents the District's fmancial statements as two components: basic fmancial statements and notes to the financial statements. It also includes other supplemental information in addition to the basic fmancial statements.

Basic Financial Statements The Statement ofNet Assets presents information about assets and liabilities with the difference between the two reported as net assets. The change in net assets over time is an indicator of whether the fmancial position of the District is improving or deteriorating. The Statement of Revenues, Expenses and Changes in Net Assets reports how net assets have changed during the year

and presents a comparison between operating revenues and operating expenses. Operating revenues and expenses ·are related to the District's principal business of providing bus transit services. Operating expenses include the cost of direct

services to passengers, administrative expenses, contracted services and depreciation on capital assets. All other revenues and expenses not included in these categories are reported as non~operating.

5 308

The Statement of Cash Flaws reports inflows and outflows of cash and is classified into four major components: •

Cash flows from operating activities which includes transactions and events reported as components of operating income in the statement of revenues, expenses and changes in net assets.



Cash flows from non-capital financing activities which include operating grant proceeds as well as operating subsidy payments from third parties and other non-operating items.



Cash flows from capital and related financing activities which arise from the borrowing and repayment (principal and interest) of capital-related debt, the acquisition and construction of capital assets and the proceeds of capital grants and District contributions.



Cash flows from investing activities which includes the proceeds from the sale of investments and receipt of interest. Outflows in this category include the purchase of investments.

Notes to the Financial Statements Various notes provide additional infurmation that is essential to a full understanding of the information provided in the basic fmancial statements. These are found inunediately following the financial statements to which they refer.

Other Information This report also presents certain required supplementary information in accordance with the requirements of GASB. In addition, supplementary information and associated notes concerning compliance with the District's annual budget appear inunediately following the required supplementary information.

Analysis of Basic Financial Statements Assets: •

At June 30, 2012, total assets were $417.5 million, a increase of $30.5 million or 8 percent compared to Jnne 30, 2011. In Fiscal Year 2011, total assets were $387 million. Total current assets were $194.4 million, a increase of $55 million or 40 percent, mainly due to the receipt of grant funds restricted for future capital programs, offset by a reduction in receivables at June 30, 2012. Capital assets, net of accumulated depreciation decreased $22.8 million.

The net capital assets decrease was mainly due to a normal increase in accumulated depreciation that was not entirely offset by asset additions during the period.

6 309

Alameda-Contra Costa Transit District Statement of Revenues, Expenses and Changes to Net Assets (in thousands) For the Fiscal Years Ended June 30,2012 and June 30,2011 2012 Assets Current Assets

$

194,418

Capital Assets

Total Assets

40%

(22,760)

-9%

(1,7492

-32%

30,545

8%.

7,838

14%

(3,402) 7,873

-10% 17%

12302

2.%

207,548 14,892

$ (19,978) 32,001

-10% 215%

1,350 26,735

(176) 6,389

-13% 24%

3,783

5,532 $

%

55,054

139,364 242,092

411,533

$

$

219,332

Other Non-Current Assets

Change

2011

386,288

$

$

Liabilities Current Liabilities

65,162

$

Long Tenn Portion of COPS Other Non-Current Liabilities Total Liabilities

$

57,324

30,616 52,994

us,1n

$

$

34,018 45,121 $

136,463

$

Net Assets Invested in Capital Assets, net of related debt Restricted for Capital Purchases

$

187,570 46,893

Restricted for Debt Service Unrestricted

$

1,174 33,124

Total Net Assets

$

268 761

$

250,525

$

18,236

1%

Total Liabilities and Net Assets

$

411533

$

386,288

$

30545

8%.

Liabilities: •

At June 30, 2012, total liabilities were $148.8 million, a increase of $12.3 million or 9 percent when compared to June 30, 2011. This includes a increase of$7.8 million in current liabilities, the increase in this category included a $7 million dollar increase accrued expenses, due to the pending ATU union travel time settlement (please refer to subsequent event section). The overall increase in Liabilities also pertains to an $7.8 million increase in other Noncurrent liabilities primarily due to adopting more conservative confidence levels (from SO% to 75%) for Workers Comp and PLPD liabilities. The increases in these categories were slightly offset by the reduction in the long term COPS liabilities due to scheduled pay downs and the refunding of the 2001 COPS (covered in the Debt section) Total Liabilities at June 30, 2011 were $136.5 million.

Net Assets: •

At June 30, 2012, net assets were $268.8 million, an increase of $18.2 million or 7 percent from June 30, 20 II. The 2012 increase was primarily due to the receipt of State capital funds of $32 million. AtJune 30, 2011, net assets were valued at $250.5 million.

7 310

Revenue and Expense: Alameda-Contra Costa Transit District Statement of Revenues, Expenses and Changes in Net Assets (In thousands) For the Years Ended June 30,2012 and June 30,2011 2012

Revenues Operating Revenues Passenger Fares Contract Services Other Total Operating Revenues

$

$

Non-Operating Revenues Property Taxes Local Sales Taxes Local Funds Federal State Gain (loss) on sale of capital assets Interest Income

60,554

$

$

100,150 54,609 60,901 32,458 13,193 (293) 585

Total Non-Operating Revenues Total Revenues Expenses Operating Expenses Operator Wages Other Wages Fringe Benefits Fuel &Oil Other Materials & Supplies Services

Insurance Net Expenses ofJoint Venture Other Total Operating Expenses

Capital Contributions Change in Net Assets Net Assets, beginning of year $

1,425 (1,825) (378)

3% -19% -10%

$

(778)

-1%

5,611 3,479 6,018 (10,257) (607) (497) 398

6% 7% 11% -24% -4% -244% 213%

4,145

2°/o

322,157

318,790

3,367

lo/o

(2,731) (1,939) 1,194 2,368 2,384 2,138 286 4,995 2,810 3,747

-4%

61,115 50,267 116,399 35,531 16,209 11,775 20,261 4,267 8,586 10,417 334,827

(18,033)

47,878 18,236 250,525

26,663 8,630 241,895

8 311

(276)

336,823

(29,642)

268.761

15,252

1,996

351,799

Loss before Contributed Capital

$

257,458

1,720

Total Expenses

61,332

%

261,603

350,079

Non-Operating Expenses Interest Expense

47,700 9,846 3,786

94,539 51,130 54,883 42,715 13,800 204 187

58,384 48,328 117,593 37,899 18,593 13,913 20,547 9,262 11,396 14,164

Depreciation

Net Assets, end of year

49,125 8,021 3,408

Changes

2011

$

250.525

1%

7% 15% 18% l% 117% 33% 36% 5o/o

-14%

14,976

4o/o

(11,609)

64%

21,215 9,606 8,630 $

-4%

18.236

80% Ill% 4%

lli

Operating Revenue: o

For Fiscal Year 2012 total Operating Revenue was $60.5 million a decrease of$0.8 million or 1 percent over fiscal year 2011. 1'iscal Year 2012 passenger fares were $49.1 million, a increase of$1.4 million or 3 percent compared to Fiscal Year 2011 when passenger fares totaled $47.7 million. The 2012 increase conesponds to a ten cent basic fare increase implemented in August 2011, growth in passengers using smart card fare media. The increases in passenger fares however, were offset with decreases in contract services of $1.8 million, and slight decreases $0.4 million in other operating revenues. ,---- - -- - -- - - - - - - - -- - - ------ -

Alameda-Contra Costa Transit District Comparison of Operating Revenue Fiscal Year 2011/12 vs. Fiscal Year 2010/11 60 """.....~~...,~50

~-~

40 30 + - - -1

~

20

~------1

10 t - --1 Passenger Fares

L __ __

,

-

Contract Se1v ices

Other

- - -- - --

--

________,

Non-Operating Revenue: •

For Fiscal Year 2012, non-operating revenues were $261.6 million, a increase of $4.1 million or 2 percent compared to Fiscal Year 2011. During 2012 increases in Property Taxes of $5.6 million, Local Sales Taxes of $3.5 million, and Local funds of $6 million, indicative of a modest economic recovery, were realized. These gains were largely offset however, by a $10.3 million decrease in Federal Preventive Maintenance program funds received during the period. l11 Fiscal Year 2011, non-operating revenues were $257.5 million.

9 312

1

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0 Local Sales Ttllll!s

The "Composition of Non-Operating Revenue" pie charts illustrates that from FY-10/11 (below) to FY-11/12 (above) Federal funds as a total of non-operating revenue decreased from 17 percent to 12 percent, due to a reduction in funds for the Preventive Maintenance programs. Property Taxes, Local funds and Local Sales Tax categories increased, believed to due to modest recoveries of the local economy and real estate markets. When comparing the graphics, it indicates that other categories did not significantly fluctuate.

o Local Sales Ttllii!S

• Interest Income

20%

• State _ .,._ _ _ _-:> S% 0

IPJ Sale ofCapital Assets

0 Local Funds

O%

~~~

Expense Highlights Operating Expenses: •

IJ1 Fiscal Year 2012, total operating expenses were $350.lmillion, an increase of $15.3 million or 5 percent compared to Fiscal Year 2011. While Salary and Wages decreased in 2012 by $4.6 over prior year, there were increases in several other expense categories including Insurance of $5 million, and fringe benefits of $1.2 million both of which are primarily due to adopting a more conservative confidence levels (from 50% to 75%) for the PLPD (former), and Workers Comp liabilities (latter). Other increases included Fuel expense by $2.4 miUion due to market prices, Materials & Supplies by $2.1 million due to slight increases in several subcategories, Depreciation by $2.4 million, Joint Venture by $2.8 million where additional service was outsourced starting in December 201 J. Jn Fiscal Year 2011, total operating expenses were $334.8 million.

10 313



.

J

Alameda-Contra Costa Transit District Operating Expenses- FY -2011/12 vs. 2010/11 100

60

40 20

0

Oper•Lor Wages

Other \V'fFS

l'ringe Benefits

Depreciation

fuel & Oil

Other Mat erial• &

Servic.s

lnsurance

Joint Veulure

Other

Supplies

Expense Calcgory

Non-Opemting Expenses: "

rn Fiscal Year 2012, non-operating expense was $1.7 million, compared to $2 million in Fiscal Year 2011. The slight decrease is largely due to the more favorable interest rate from the refunding of the 2001 COPS, which is covered in the Debt section.

Capital Program The District received capital contributions of$47.9 mjllion in Fiscal Year 20 12 compared to $26.7 million in Fiscal Year 20 11 , an increase of $21 mjJiion or 80 percent over Fiscal Year 2011. This included $32 million in State Public Transportation Modernization, Improvement, and Service Enhancement Account Program {PTMlSEA) Funds. Some of the capital acquisitions included: • .. o

• •

Solar Panel Installations ($1.3 Million) Hydrogen refueling facility ($6.2 Million) Maintenance Facilities rehabilitation ($1.4 million) Bus Rapid Transit ($2.4 Million) Jrutiated first phase of bus replacement program.

Additional information concerning the District's Capital Assets can be found in Note #6- Capital Assistance in the Notes to the Financial Statements.

Debt On September 25, 200 I, proceeds fi·om the issuance of $23.8 million of Refunding Certificates of Participation (200 1 COPS) was used to refund the 1989 Certificates of Participation and to establish a $2.0 million debt reserve fund in accordance with the terms of the 2001 COPS Trust Agreement. The DistTict issued the 2001 COPS to refmance the debt on its administrative office building and make improvements to the District's maintenance facilities. At June 30, 2011, the outstanding principal component of the mmuallease payment was $ 13 million. On February I, 2012 the District issued Refunding Certificates of Participation Series 20 12 to take advantage of lower interest rates. The proceeds from the issuance, $9.8 million, were used to refund the 2001 COPS. At June 30, 201 2, the outstanding principal component of the annual lease payment was $9.8 miLlion. The District plans to repay the obligation over the next six years, by August 2018. In December 2007, the District issued a $ 13.5 million COPS to frnance its new Finance Human Resources computer system (FHR Project). The COPS are secured by specified capital assets. At June 30, 20 12, the principal

11 314

component of the annual lease payment was $8.6 million and the District plans to repay the obligation over ten years, by August, 2017. In February 2009 the District issued a $15.0 million COPS to help fund the July 2008 purchase of property located at 66th avenue in East Oakland. At June 30, 2012, the principal component of the annual lease payment was $14.3 million. The COPS are secured by specified capilal assets and the District plans to repay the obligation over twentyfive years, by August 2034. Additional information on the District's long-term debt can be found in note (9) to the basic fmancial slatements.

Subsequent Events • In July2012 A.C. Transit paid $7 million to settle a dispute with it's largest labor union over "travel time". • During September 2012 A. C. Transit consumed the last of the Federal Preventive Maintenance program monies. This historically had been a significant source of revenue that helped offset on going preventive maintenance costs. • In October 2012 A.C. Transit implemented a reorganization to modernize it's management reporting structure.

Economic Factors The US economy continues mired in a very sluggish economic recovery, with the US Bureau of Economic Analysis reporting GOP growth rates of2.0 percent for Ql and 1.3 percent for Q2 of the calendar year 2012. Unemployment, as measured by base U3, remains higher than historical averages at 7.8 percent while the more inclusive U6 measure that comprises substandard employment, stands at a worrisome 14.7 percent at the end of September 2012. In the District's service area, which encompasses most of the East Bay region in the San Francisco Bay Area, things are trending better. Non-farm employment posted some gains since October 2011. The unemployment rate still remains a problem in the East Bay, standing at 8.5 percent U3 as of September 2012, which is better than the California average of 9.7 percent. The East Bay's job market has looked a little improved and there should be moderate progress moving forward. The unemployment rate in the East Bay region is not projected to fall below 8 percent until early 2013. A report from Beacon Economics mentions that while the labor market recovery in the East Bay may leave something to be desired, the same can't be said about taxable sales growth over the last few years. Since hitting bottom in the second quarter of 2009, taxable sales in the East Bay have increased a respectable 22% through the frrst quarter of 2012, and are now just 5% below the peak they hit in the first quarter of 2007 at the height of the housing bubble. East Bay median home prices did increase quite importantly, particularly in Contra Costa County. The East Bay housing market is in much better shape now than it was a year ago, notices of default have stabilized over the past three years. Overall, the district expects that the sluggish recovery may continue. Therefore the District is faced with continued challenges which create an uncertain operating and economic

environment.

Requests for Information This financial report is designed to provide our citizens, taxpayers, customers and creditors with a general overview of the District's finances and to demonstrate accountability for the funds the District receives. If you have questions about this report or need additional financial information, please contact the Alameda-Contra Costa Transit District, attn: ChiefFinancial Officer, 1600 Franklin St. Oakland, California 94612.

12

315

Basic Financial Statements

316

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT STATEMENT OF FUND NET ASSETS BUSINESS-TYPE ACTIVITY- ENTERPRISE FUND JUNE 30,2012 (In thousands) ASSETS CURRENT ASSETS: Cash and ca.
$

129,423 42

Receivables: Federal and local grants:

Capital

6,064 19,692 9,823 7,790 3,760

Planning, operating and other

Property tax Local sales tax Other, principally trade receivables

Total receivables- net

47,129

Due from Pension Trust Fund Inventories at average cost Prepaid expenses

3,348 10,963 3,513

Total current assets

194,418

NONCURRENT ASSETS: Restricted for certificates of participation:

Cash and cash equivalents

2,488

Certificates of participation issuance costs net of accumulated amortization

1,295

Capital assets: Nondepreciable Depreciable, net

28,392 190,940

Total capital assets, net

219,332

Total noncurrent assets

223,115

Total assets

417,533

LIABILITIES CURRENT LIABILITIES: AccoWlts payable and accrued expenses Accrued salaries and wages Current portion of accrued vacation and sick leave Due to Pension Trust Fund Other accrued liabilities Accrued interest payable Unewned revenue Current portion of OPEB obligation CUrrent portion of claims liabilities Current portion of remediation obligations Current portion of certificates of participation

17,148 1,361 15,093 3,293 5,315 1,314 7,522 232 12,010 248 1,626

Total current liabilities NONCURRENT LIABILITIES: Accrued vacation and sick leave OPEB obligation Claims liabilities Remediation obligations Certificates of participation

65 162 7,023 2,295 42,330 1,346 30,616 83,610

Total noncurrent liabilities Total liabilities

148,772

NET ASSETS Invested in capital assets, net of related debt Restricted for capital purchases Restricted for debt service Unrestricted TOTAL NET ASSETS

187,570 46,893 1,174 33,124 $

See accompanying notes to the basic financial statements.

14 317

268 761

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN FUND NET ASSETS BUSINESS-TYPE ACTIVITY- ENTERPRISE FUND FOR THE YEAR ENDED JUNE 30, 20 I2 (In thousands)

OPERATING REVENUES: Passenger fares Contract services Other

$

49,125 8,021 3,408

Total operating revenues

60,554

OPERATING EXPENSES: Operator wages Other wages Fringe benefits Depreciation and amortization Fuel and oil Other material and supplies Services Insurance Net expenses of joint venture Other

58,384 48,328 117,593 37,899 18,593 13,913 20,547 9,262 11,396 14, I 64

Total operating expenses

350,079

Operating loss

(289,525)

NONOPERATING REVENUES (EXPENSE): Operating assistance: Property taxes Local sales tax Local funds Federal State Loss on sale of capital assets Interest income Interest expense

100,150 54,609 60,901 32,458 13,193 (293) 585 (1,720)

Net nonoperating revenues

259,883

Loss before capital contributions

(29,642)

CAPITAL CONTRIBUTIONS

47,878

CHANGE IN NET ASSETS

18,236

NET ASSETS, beginning ofyear

250,525 $

NET ASSETS, end of year See accompanying notes to the basic financial statements.

15 318

268,761

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT STATEMENT OF CASH FLOWS BUSINESS-TYPE ACTNITY- ENTERPRISE FUND FOR THE YEAR ENDED JUNE 30,2012 (In thousands) CASH FLOWS FROM OPERATING ACTIVITIES: Cash received from customers Cash payments to suppliers for goods and services Cash payments tO employees for services Other operating receipts

$

57,I46 (72,959) (223,554) 5,128 (234,239)

Net cash used in operating activities CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES: Operating assistance received Interest paid on notes payable

271,834 (205)

Net cash provided by non capital financing activities

271,629

CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES: Acquisition and construction of capital assets Capital contributions received Proceeds from sale of capital assets Principal paid on certificates of participation Interest paid on certificates of participation

(15,298) 54,762 (134) (4,729) (1,475) 33,126

Net cash used in capital and related financing activities CASH FLOWS FROM INVESTING ACTIVITIES: Investment income

585 585

Net cash provided by investing activities CHANGE IN CASH AND CASH EQUIVALENTS

71,101

CASH AND CASH EQUIVALENTS, beginning of year

60,852

CASH AND CASH EQUIVALENTS, end of year SUMMARY OF CASH AND CASH EQUIVALENTS AND INVESTMENTS REPORTED ON THE STATEMENT OF NET ASSETS: Cash and cash equivalents (unrestricted) Restricted cash and cash equivalents Total cash and cash equivalents reported on the statement of net assets

$

13I,953

$

129,423 2,530

$

131,953

RECONCILIATION OF OPERATING LOSS TO NET CASH USED IN OPERATING ACTIVITIES: Operating loss Adjustments to reconcile operating loss to net cash used in operating activities: Depreciation and amortization Effect of changes in assets and liabilities: Receivables Inventories Due from Pension Trust Fund Prepaid expenses and OPEB asset Accounts payable and accrued expenses Accrued salaries and wages Accrued vacation and sick leave Unearned revenue Due to Pension Trust Fund Other accrueds Long tenn liabilities

($289,525)

37,899 (632) 189 (238) 1,070 6,067 (854) 325 2,352 484 I,034 7,590

Net cash used in operating activities

$

See accompanying notes to the basic financial statements.

16 319

(234,239)

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT STATEMENT OF PLAN NET ASSETS- PENSION TRUST FUND DECEMBER31, 2011 (In thousands) ASSETS Contributions receivable Receivable from brokers Interest receivable on investments Investments at fair value: Short-tenm investments Equity securities Equity funds Fixed income funds Global asset allocation funds Total investments for payment of accrued pension costs

$

3,322 20 201 1,821 87,027 134,345 164,462 40,071 427,726 431,269

Total assets LIABILITIES Accrued expenses Due to Enterprise Fund Payable to brokers for unsettled transactions

138 3,254 9 3,401

Total liabilities NET ASSETS HELD IN TRUST FOR PENSION BENEFITS See accompanying notes to the basic financial statements.

17 320

$

427,868

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT STATEMENT OF CHANGES IN PLAN NET ASSETS- PENSION TRUST FUND FOR THE YEAR ENDED DECEMBER 31, 20 II (In thousands)

ADDITIONS: Employer contributions Investment income: Earnings on investments Net appreciation in fair value of investments Investment expenses Net investment income

$

38,312 6,697 (7,319) (1,142) (1,764)

Total additions

36,548

DEDUCTIONS: Benefit payments Administrative expenses

37,540 827 38,367

Total deductions

(1,819)

NET INCREASE (DECREASE) NET ASSETS HELD IN TRUST FOR PENSION BENEFITS: Beginning of year

429,687

$

End of year See accompanying notes to the basic financial statements.

18 321

427,868

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO THE BASIC FINANCIAL STATEMENTS FOR THE YEARENDED JUNE 30,2012 (1) THE FINANCIAL REPORTING ENTITY

Organization- The Alameda-Contra Costa Transit District (the District) is a political subdivision of the State of California established in 1956 and is subject to Transit District Law as codified in the California Public Utilities Code. Reporting Entity- The District follows the provisions of Governmental Accounting Standards Board {GASB) Statement No. 14, The Financial Reporting Entity, as amended. This statement sets forth accountability of a government's elected officials to their constituents as the basic criteria for inclusion of an organization in a governmental reporting entity. The governmental reporting entity consists of the District {primary government) and organizations for which the District is financially accountable. Financial accountability is defined as the appointment of a voting majority of the component unit's board, and (i) either the District's ability to impose its will on the organization or (ii) the potential for the organization to provide a financial benefit to, or impose a financial burden on the District. The basic financial statements include legally separate component units, which are so financially intertwined with the District that they are, in substance, part of the District. The component units discussed below are included in the District's reporting entity because of the significance of their operational or financial relationships with the District. For financial reporting purposes, the District's basic financial statements include all financial activities that are controlled by or are dependent upon actions taken by the District's Board of Directors. As such, the basic financial statements include the financial activities of the District's Special Transit Service Districts (Special Districts) No. l and No. 2 and other areas in which the District has contracted to provide transit service. Because these districts are not legally separate entities, they are not considered component units under GASB Statement No. 14. Special District No. I was the designation used from the creation of the District for its original territory, consisting of the cities and unincorporated areas from roughly Richmond and San Pablo through Hayward. Special District No. 2 was created by armexation agreements among the cities of Fremont and Newark, the County of Alameda and the District and ratified by a subsequent special election in November 1974 in Fremont and Newark. All property within the Special Districts is subject to taxes that may be levied by the District. In May 1988, the District created AC Transit Financing Corpomtion (the Corporation), a nonprofit public benefit corporation incorporated in the State of California under the guidelines of the Nonprofit Public Benefit Corporation Law. Legally separate from the District, the Corporation is blended with the primary government because its sole purpose is to provide financial assistance to the District by financing, refinancing, acquiring, constructing, improving, leasing and selling buildings, equipment, land, building improvements, and other public improvements.

The financial activities of the Alameda-Contra Costa Transit District Employees' Pension Plan (the Plan) are fiduciary in the basic financial statements because the Plan exclusively serves the employees of the District. The financial position and changes in financial position of the Plan are reported on a calendar year basis.

19 322

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO THE BASIC FINANCIAL STATEMENTS (Continued) FOR THE YEAR ENDED JUNE 30,2012 Tlie Plan is administered by the five-member Retirement Board made up of two representatives of the general public selected by the District's Board, two District employees who are elected officials of the Amalgamated Transit Union, Local 192 (ATU) and one District employee selected by the District's Board of Directors from the employees who are not represented by ATU. The Retirement Board has administrative and fiduciary responsibility over the Plan. The Retirement Board utilizes a third-party banking institution as custodian over the Plan's assets. Separate fmancial statements for the Corporation and the Plan may be obtained from the District Controller. (2) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Basis of Presentation

The basic financial statements provide information about the District's enterprise fund and the pension trust fund. Separate statements for each fund category - enterprise and fiduciary - are presented. The basic financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of the related cash flows. On an accrual basis, revenues from property taxes are recognized in the fiscal year for which the taxes are levied; revenue from sales taxes are recognized in the fiscal year when the underlying exchange occurs; revenue from grants is recognized in the fiscal year in which all eligibility requirements have been satisfied; and revenue from investments is recognized when earned. Enterprise Fund (proprietary fund) -The accounts of the District are organized on the basis of a proprietary fund-type, specifically an enterprise fund. The activities of this fund are accounted for with a set of self-balancing accounts that comprises the District's assets, liabilities, net assets, revenues and expenses. Enterprise funds account for activities (i) that are financed with debt that is secured solely by a pledge of the net revenues from fees and charges of the activity; or (ii) that are required by laws or regulations that the activity's cost of providing services, including capital costs (such as depreciation or debt service), be recovered with fees and charges, rather than with taxes or similar revenues; or (iii) with pricing policies that establish fees and charges designed to recover its costs, including capital costs (such as depreciation or debt service).

Enterprise funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with an enterprise fund's principal ongoing operations. The principal operating revenues of the District's Enterprise Fund are charges to passengers for services provided. Operating expenses include the cost of services, administrative expenses, and depreciation on capital assets and equipment. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses.

20 323

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO THE BASIC FINANCIAL STATEMENTS (Continued) FOR THE YEAR ENDED ruNE 30, 2012 The District has elected under GASB Statement No. 20, Accounting and Financial Reporting for Proprietary Funds and Other Governmental Entities That Use Proprietary Fund Accounting, to apply all applicable GASB pronouncements, as well as any applicable pronouncements of the Financial Accounting Standards Board (FASB), the Accounting Principles Board or any Accounting Research Bulletins issued on or before November 30, 1989, unless those pronouncements conflict with or contradict GASB pronouncements. The GASB periodically updates its codification of the existing Governmental Accounting and Financial Reporting Standards which, along with subsequent GASB pronouncements (Statements and Interpretations), constitutes accounting principles generally accepted in the United States of America (GAAP) for governmental units. The District has elected not to follow subsequent private-sector guidance ofFASB after November 30, 1989. When both restricted and unrestricted resources are available for use, it is the District's policy to use restricted resources first, then unrestricted resources as they are needed.

Pension Trust Fund- The Pension Trust Fund accounts for the accumulated resources to be used for retirement annuity payments to all members of the Plan. Cash and Cash Equivalents- For purposes of the statement of cash flows, the District considers all highly liquid investments with a maturity of three months or less when purchased to be cash equivalents. Any restricted cash and investments used to service debt principal and interest payments of the District would not be considered cash equivalents. Investments - The District applies the provisions of GASB Statement No. 31, Accounting and Financial Reporting for Certain Investments and for External Investment Pools, which require governrnental entities to report certain investments at fair value in the statement of net assets and the statement of plan net assets and recognize the corresponding change in fair value of investments in the year in which the change occurred. In accordance with GASB Statement No. 31, the District has reported its investments at fair value based on quoted market information obtained from fiscal agents or other sources.

Restricted for Certificates of Participation - In connection with the 2007 Certificates of Participation, the District was required to establish and maintain a reserve fund in the amount of $1.35 million. Pursuant to a trust agreement by and between the Corporation, the District, and the trustee, the restricted assets in the fund can only be used to service lease payments on the outstanding certificates of participation. In addition, the District has unspent bond proceeds from the issuance of the 2007 Certificates of Participation. The reserve fund balance is reported as non-current and the unspent bond proceeds are reported as current. In connection with the 2009A Certificates of Participation, the District was required to establish and maintain a reserve fund in the amount of $1.138 million. Pursuant to a trust agreement by and between the Corporation, the District, and the trustee, the restricted assets in the fund can only be used to service lease payments on the outstanding certificates of participation.

21 324

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO THE BASIC FINANCIAL STATEMENTS (Continued) FOR THE YEAR ENDED JUNE 30,2012

Pension Plan - The District's noncontributory pension plan provides retirement benefits for all qualifying union and non-union employees. The District's annual contribution to fund the Plan is actuarially determined based on a percentage of gross payroll, which includes the normal cost of the Plan plus amortization of prior service costs over a period of not more than thirty years. Cash and investments in the Plan are restricted by law to provide for the future payment of pension benefits and related expenses. Inventories - Inventories consist primarily of bus replacement parts and fuel and are stated at average cost. Inventory usages are charged to expense, on a weighted-average basis, at the time that individual items are withdrawn from inventory. Capital Assets - Capital assets are stated at cost and are depreciated using the straight-line method over the estimated useful lives of the assets, as follows: Building, structures and other improvements Revenue equipment Service vehicles and other equipment Engines and transmissions Revenue vehicles (Mini Vans)

30 years 12 years 3 to 10 years 5 years 7 years

The District's policy is to capitalize all property and equipment with a cost greater than $1,000 and a useful life of more than one year.

Operating Assistance - Grants are accounted for as nonoperating revenue as soon as all eligibility requirements have been met. Contract Services - The Metropolitan Transportation Commission (MTC) allocates a portion of the San Francisco Bay Area Rapid Transit District's (BART) State Transportation Assistance funds to the District for allowing BART passengers to ride District buses at a discounted rate when they provide a BART transfer. Allocations from MTC totaled $2.855 million for the year ended June 30, 2012 and are recorded as contract services. See Note 14 for related party disclosures on the Consortium. Property Taxes, Collection and Maximum Rates - The State of California (State) Constitution Article XIII A provides that the maximum basic property tax rate on any given property may not exceed I% of its assessed value unless an additional amount for general obligation debt has been approved by voters. Assessed value is calculated at I 00% of market value as defined by Article XIII A and may be increased by no more than 2% per year unless the property is sold, transferred or improved. The State Legislature has determined the method of distribution of receipts of the tax levy among the counties, cities, school districts and other districts, including the District.

22 325

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO THE BASIC FINANCIAL STATEMENTS (Continued) FOR THE YEAR ENDED JUNE 30,2012 Alameda and Contra Costa counties assess properties, bill for, collect and distribute property taxes. Property taxes are recorded as nonoperating revenue (including secured delinquent property taxes) net of estimated uncollectible amounts, in the fiscal year of levy. Assessed values are determined annually by the Assessor's Offices of Alameda and Contra Costa counties on January I, and become a lien on the real properties at January 1. The levy date for secured and unsecured properties is July I of each year. Secured taxes are due November I and February I and are delinquent if not paid by December 10 and April 10, respectively. Unsecured property tax is due on July I and becomes delinquent after August 31. The District accrues delinquent property taxes from Contra Costa County. The cumulative amount of delinquent taxes uncollected for the current and prior years has been recorded as a receivable. The District, through the County of Alameda (County), is under the Teeter plan whereby, delinquent taxes are received by the District from the County's own funds in the event that delinquent taxes are not received by a certain due date. In return, the District forgoes the penalties and interests that would accrue on these delinquent property taxes. On November 30, 2004, the voters approved Measure BB, which superseded the Measure AA parcel tax. Measure BB increased the amount of annual parcel tax to $48 per year and the term of the tax to I 0 years from the date of implementation. The tax became effective on July I, 2005 and was to terminate on June 30, 2015. However, on November 4, 2008, the voters approved Measure VV, which supersedes the Measure BB parcel tax. Measure VV became effective July I, 2009 and increased the annual parcel tax to $96 per parcel. Measure VV is effective through June 30, 2019. The revenue derived from this measure is to be used to sustain public transportation services provided by the District in Special District No. 1. The District received approximately $29.3 million in Measure VV taxes during the year ended June 30,2012.

Compensated Absences- The personnel policies of the District generally allow employees to accrue up to 240 hours of vacation and 140 days of sick leave. Unused accrued vacation is paid to the employee upon termination from District employment. Unused accrued, vested sick leave is paid, upon retirement, to those employees with ten or more years of District service.

Capital Contributions- The District receives grants from the Federal Transit Administration (FTA) and state and local transportation funds for the acquisition of buses and other equipment and improvements. Capital contributions are recorded as revenues after net nonoperating revenues and the cost of the related assets is included in capital assets. Net Assets - The financial statements utilize a net assets presentation. Net assets are categorized as invested in capital assets, (net of related debt), restricted and unrestricted. •

Invested in capital assets, net of related debt - This category groups all capital assets into one component of net assets. Accumulated depreciation and the outstanding balances of debt that are attributable to the acquisition, construction or improvement of these assets reduce the balance in this category.

23 326

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO THE BASIC FINANCIAL STATEMENTS (Continued) FOR THE YEAR ENDED JUNE 30,2012 •

Restricted net assets - This category represents restrictions on net assets externally imposed by creditors or imposed by law through constitutional provisions or enabling legislation. At June 30,2012, the District has restricted net assets in the amount of$!.35 million related to the 2007 Certificates of Participation (COPS) and $46.881 million for the future acquisition of buses (See Note !!A). The net assets restricted for debt service are maintained in a reserve fund to service lease payments on the outstanding 2007 COPS.



Unrestricted net assets - This category represents net assets of the District, not restricted for any projects or other purposes.

Use of Estimates - Management has made estimates and assumptions relating to the reporting of assets and liabilities and revenues and expenses to prepare the basic financial statements in conformity with GAAP. Actual results could differ from those estimates. (3) CASH AND INVESTMENTS

Investment policy - The District's investment policy, which is more restrictive than required by the California Government Code, stipulates the type, maturity limit, and diversification of securities held by the District. The objectives of the policy, in order of priority, are compliance with applicable laws, preservation of capital, liquidity to meet required cash demands and maximization of income. The District's investment policy does not permit investments in medium term notes, municipal securities or reverse repurchase agreements, which are permitted by the California Government Code. In accordance with the District's investment policy, the District may invest in the following types of investments, subject to certain restrictions, such as rating quality or maximum percentages of the portfolio: (a) (b) (c) (d) (e) (f)

Repurchase agreements Securities of U.S. government and its agencies California Local Agency Investment Fund Negotiable certificates of deposit Commercial paper Bankers acceptances

The Plan's investments are invested pursuant to investment policy guidelines established by the Retirement Board. The long-term asset allocation of the investment portfolio is to have 33% of the portfolio invested in domestic equities, 20% in international equities, 3 7% in domestic fixed income securities, and 10% in three global asset allocation funds. The portfolio is managed by investment managers hired by the Board. The Board utilizes both active and passive management in the domestic equity portfolio. The Board has chosen to manage the investment risks described by Government Accounting Standards Board Statement No. 40 by requiring investment managers to abide by certain guidelines that are tailored to the portfolio that the manager manages. These guidelines specif'y the amount of credit, interest, and foreign currency risk that a manager may take and the performance objective of the portfolio. The allocation to global asset allocation Funds allow the investment managers to adjust the portfolio managed based on which asset classes (primarily stocks and bonds) they consider desirable. The specific asset allocation decisions are made by the investment managers within their investment policy limits. Global asset allocation results in the placement of the asset allocation decision on the investment manager, rather than the Retirement Board.

24 327

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO TilE BASIC FINANCIAL STATEMENTS (Continued) FOR TilE YEAR ENDED JUNE 30,2012

Presentation - At June 30, 2012 (December 31, 2011 for the Plan), the District's cash and investments consisted of the following (in thousands): Cash and cash equivalents Investments Total Reported in the Enterprise Fund as: Cash and cash equivalents

$

131,953 427 726

$

559 679

$

131,953

Reported in the Pension Trust Fund as: Investments restricted for payment of accrued pension costs (at December 31, 2011) Total

427 726 $

559,679

Fund Investments- Specific Risks As of June 30, 2012, the District had the following investments and maturities (amounts are in thousands): Investment Standard & Maturities Fair Value Poor's Rating Less Than 1 Year Investment T~e $ 25,000 Bank Repurchase Agreements Not rated $ 25,000 Money Market Mutual Funds 52 331 Aaaro 52,331 Total $ 77,331 $ 77,331

Interest Rate Risk- The District has limited exposure to interest rate risk due to its liquidity needs to meet cash flow demand requirements. All of its investments have a remaining maturity at date of purchase of three months or less. None of the District's investments are highly sensitive to interest rate changes.

Credit Risk- The District's credit rating risk is governed by the California Government Code 53601 which limits investments in money market mutual funds to the highest ranking attained by the rating agency which is Aaam. The District had investments in U.S. government agencies, bank repurchase agreements (underlying of U.S. Treasury securities) and in money market mutual funds. There are no credit limits on the securities of U.S. Treasury since these investments are backed by the full faith and credit of the United States government. Concentration of Credit Risk- The District manages this risk by requiring that no more than 20% of its total investment portfolio (with the exception of securities of the U.S. Treasury or U.S. government agencies) be invested in a single security type or with a single financial institution. Disclosure requirements state that any investments in a single security type or held with a single financial institution that are greater than 5% of the District's investments must be disclosed, except for investments in external pools and mutual funds. In fiscal year 2012, the District had $25 million of its investments invested in repurchase agreements.

25 328

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO THE BASIC FINANCIAL STATEMENTS (Continued) FOR THE YEAR ENDED JUNE 30,2012

Custodial Credit Risk- Custodial credit risk for deposits is the risk that in the event of a bank failure, the District's deposits may not be returned to it. The California Government Code requires California banks and savings and loan associations to secure governmental deposits by pledging government securities as collateral. The market value of pledged securities must equal at least 11 0% of the District's deposits. California law also allows financial institutions to secure governmental deposits by pledging first trust deed mortgage notes having a value of 150% of the District's total deposits. Such collateral is considered to be held in the District's name. Pension Trust Fund- Specific Risks Interest Rate Risk - For the Plan, interest rate risk is managed through the duration of its fixed income securities. Bond prices are highly sensitive to the movement of interest rates. A decline in interest rates will tend to increase bond prices while an increase in rates will depress prices. Duration is a measure of interest rate risk with a higher duration signifying greater price volatility in response to a change in interest rates. At December 30, 2011, the Plan did not have any direct investment in fixed income securities.

Credit Risk- For the Plan, fixed income assets are invested in two pooled investment vehicles and with an outside money manager. As of April 2010, the Plan converted all of the fixed income investments of the Plan to investments in commingled pools or mutual funds. As of December 3\, 2011, $1.8 million was invested in a short term pooled investment fund managed by State Street Corporation. This fund is not rated.

Concentration of Credit Risk- The Plan also has investments that represent 5% or more of Plan net assets as of December 31, 2011. The Plan had no investments in a single issuer that equaled or exceeded 5% of Plan net asset. Foreign Currency Risk- Foreign currency risk is the risk that the changes in foreign exchange rates will affect the fair value of an investment denominated in a foreign cun·ency. The Plan has, or could have, exposure to foreign currencies through its investment in several commingled investments. As of December 31, 2011, investments in international funds totaled $70.4 million.

26 329

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO THE BASIC FINANCIAL STATEMENTS (Continued) FOR THE YEAR ENDED JUNE 30, 2012 (4) CAPITAL ASSETS Following is a summary ofcapita1 assets at June 30,2012 (in thousands):

Non-depreciable capital assets: Land Work in progress

June 30 2 2011

Additions

$27,662 42 830 70,492

Retirements

Transfers

June 30 2 2012

$15 475

($57,575)

$27,662 730

15 475

(57,575)

28 392

($6,577) (241)

14,516 18,647 24,412

265,820 157,5!3 194 670

(6,818)

57,575

618,003

Total Depreciable capital assets Revenue equipment Service vehicles and other equipment Buildings, structure and improvements Total

257,881 139,107 170 258 567,246

Less accumulated depreciation Revenue equipment Service vehicles and other equipment Buildings, structure and improvements

(155,226) (!18,4!l) (122,009)

(19,478) (12,!04) (6,317)

6,240 242

(168,464) (!30,273) (128,326)

(395,646)

(37,899)

6,482

(427,063)

171 600

(37,899)

(336)

$242 092

($22,424)

($336)

Total Depreciable capital assets, net of accumulated depreciation Capital assets, net of accumulated depreciation

27 330

57 575

190 940

$219,332

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO THE BASIC FINANCIAL STATEMENTS (Continued) FOR THE YEAR ENDED niNE 30,2012 (5) INTERFUND RECEIVABLES/PAYABLES The Enterprise Fund in the accompanying basic financial statements is reported as of June 30, 2012 and the Pension Trust Fund is reported as of December 31, 2011; therefore, interfund payables and receivables do not equal. Interfund receivables and payables arise due to the timing of reimbursements from the Pension Trust Fund for administration costs and retiree benefits payments made by the District and payments to the Pension Trust Fund for contributions based on covered payroll. December 3 1, 20 12 (in thousands) Interfund receivable Enterprise fund

$3,254

December 31, 20 II (in thousands) Interfund receivable Enterprise fund

$3,438

(6) CAPITAL ASSISTANCE The District has 18 grant contracts in process with the PTA that provide federal funds for the acquisition of buses, other equipment and improvements. Under the terms of the grants, proceeds from equipment sold or retired are refundable to the federal government in proportion to the original federal capital grant funds used in the purchase. The District has also received allocations of funds generated from net bridge toll revenues of the San Francisco-Oakland Bay Bridge and from PTMISEA grants, see Note 12 (State grants). These funds are received under provisions of the California Streets and Highways Code and are allocated based on claims approved by the MTC. These grants are summarized for the year ended June 30, 2012 as follows (in thousands): Federal grants State grants

$ $

6,332 41,546 47,878

(7) OPERATING ASSISTANCE

State and Local Operating Assistance - The Transportation Development Act (TDA) creates in each local jurisdiction a Local Transportation Fund that is funded by a 1/. cent from the retail sales tax collected statewide. The State Board of Equalization returns these funds to the local jurisdiction according to the amount of sales taxes collected in that jurisdiction. TDA funds are allocated to the District from Alameda and Contra Costa counties to meet, in part, the District's operating requirements. The allocation is based on population within the District.

28 331

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO THE BASIC FINANCIAL STATEMENTS (Continued) FOR THE YEAR ENDED JUNE 30, 20 12 Supplementary service revenues (AB 2972) are formula allocated funds that are passed to the District through the Oakland Unified School District (OUSD) for OUSD's home to school service program. Funds are allocated for this program based on the cost of running the OUSD program as a percentage of total school districts statewide applying for these funds. Welfare to work grant funding is provided by the State to match the federal welfare to work program that is used to fund the District's Job Access and Reverse Commute program. The welfare to work grant is funded based on the population within a local area that are below the poverty level and comprise CalWORKS recipients. The Job Access and Reverse Commute program provides transportation to key low-income neighborhoods, homeless centers and targeted work centers particularly during evening, night and weekend hours. Below is a summary of state and local operating assistance for the year thousands): Local funds: $ Transportation Development Act Regional Measure 2 $ State operating assistance Operating Revenues Supplementary Service/Welfare to Work Pass thru $

ended June 30, 2012 (in

49,524

11,377 60,901

$10,988 2,225 (20) 13,193

Local Sales Tax- The local sales tax assistance (AB II 07) is derived from the one-half percent retail tax imposed on the three BART counties (Alameda, Contra Costa and San Francisco). Of the total amount collected, 75% is a direct BART subsidy with the District and the San Francisco Municipal Railway System (MUNI) sharing the remaining 25% equally. In 1987, the District began receiving local sales tax revenue under Measure B. Approved by the voters of Alameda County, Measure B provides for the collection and distribution by the Alameda County Transportation Authority of a one-half percent transactions and use tax. The District is authorized to receive 11.617% of the annual tax collected under the condition that the money be used for service exclusively in Alameda County. In 2009, the District began receiving local sales tax revenue under Measure J, which is an extension of existing Measure C one-half percent sales tax for financing of transportation projects in Contra Costa County. As a transit operator in Contra Costa County, the District is eligible to submit project proposals to the Contra Costa Transportation Authority (CCTA) for funding under Measure J.

29 332

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO THE BASIC FINANCIAL STATEMENTS (Continued) FOR THE YEAR ENDED JUNE 30, 2012 Local sales tax assistance for the year ended June 30, 2012, is summarized below (in thousands): $ 32,501 18,586 3,522 $ 54 609

AB1107 Measure B Measure J

Section 5307 Fundi11g Sources- All federal funding sources are distributed by FTA after approval by the MTC. Federal funding sources for the year ended June 30, 2012 are summarized below (in thousands}: Preventive maintenance Americans with Disabilities program - ADA set aside Americans with Disabilities Act paratransit program - lease Less amount reported within net expenses of joint venture

$30,973 1,485 653 (653) $32,458

At June 30, 2012 Federal Section 5307 funds totaling $19.7 million were recorded as a receivable.

30 333

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO THE BASIC FINANCIAL STATEMENTS (Continued) FOR THE YEAR ENDED JUNE 30, 2012 (8) LONG-TERM LIABILITIES The following is a sununary of changes in the District's long-term liabilities for the year ended June 30, 2012 (in thousands): OriginaJ

Issue Amount 2001 Ce1tificates of Participation 3%-4.75%,due 8/0112018

$23,800

Balance June 30 201l

Balance Additions

$12,980

Retirements

June 30 1 2012

Amount due within one ~ear

$12,980

Less unamortized deferred

amotmt on refunding 2007 Certificates ofParticipation 4%-4.75%, due 08/0l/2017

(267) 13,500

Less unamortized premium 2009A Certificates ofParticipation 3%-6.125%, due 08/0tn034

9,830 166

15,000

Less unamortized discount 2012 Refunding Certificates of Participation 4%·4.75%, due 08/0lnOIS

14,655 (422)

Less: Amount due within one year Total Long~Tenn Debt, net

1,230 (27)

$8,600 139

360 18

14,295

9,840

9,840

Less unamortized deferred amount on refunding Total Long-Term Debt

267

(2195l) $33,991

$9 612

27 370 (18)

9,840

(228} 36,942

(404)

$1,280

(228} $14,828

32,242

(33} $1,626

{11626} $30,616

On September 25, 2001, proceeds from the issuance of $23,800,000 of Refunding Certificates of Participation, Series 2001 (2001 COPS) were used to refund the 1989 COPS. Interest on the 2001 COPS is payable semi-annually on February l and August I of each year through the year 20 l8. On December 19, 2007, proceeds from the issuance of $13,500,000 of Certificates of Participation, Series 2007 (2007 COPS) were used to acquire and install a financial and human resources/payroll software system, including wiring and implementation of support services during the first year following completion. Interest on the 2007 COPS is payable semi-annually on February 1 and August I of each year through the year 2017. On February l, 2009, proceeds from the issuance of $15,000,000 of Certificates of Participation Series 2009A (2009A COPS) were used to acquire the land at 66th Avenue and all existing facilities and improvements. Interest on the 2009A COPS is payable semiannually on February I and August I of each year through the year 2034. On February I, 2012, The District issued Refunding Certificates of Participation Series 2012 (2012 COPS). The proceeds from the issuance of the $9,840,000 were used to refund and retire the 2001 COPS. Interest on the 2012 COPS is payable semi-annually on February I and August I of each year through theyear20l8.

3l 334

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO THE BASIC FINANCIAL STATEMENTS (Continued) FOR THE YEAR ENDED JUNE 30,2012 (8) LONG-TERM LIABILITIES (Continued) Net proceeds of the 2012 COPS amounting to $9,840,000 were used to purchase U.S. government securities which were placed in an irrevocable trust with an escrow agent to provide for all future debt service payments on the refunded the 2001 COPS. As a result, the refunded of the 2001 COPS are considered defeased and the liability for the defeased portion of those bonds along with the escrow account assets have been removed from the statement of net assets. The District's debt service requirements to maturity for each of the next 5 fiscal years and thereafter are summarized as follows (in thousands): For The Year Ending June 30 2013 2014 2015 2016 2017 2018-2022 2023 -2027 2028-2032 2033 -2035

Principal $

Total Unamortized premium and discount

Total payment

1,650 3,025 3,430 3,530 3,645 7,450 2,985 3,990 3,030 32,735

Total

Interest

$

$

1,315 1,245 1,140 1,027 910 3,390 2,604 1,568 287 13,486

$

$

2,965 4,270 4,570 4,557 4,555 10,840 5,589 5,558 3,317 46,221

(493) $

32,242

Debt Limit Board policy on debt limitation (as defined by Ordinance No. 3773) states that "total annual debt service expenses shall not exceed ten percent of operating revenue (including subsidies) provided that in no event shall such indebtedness exceed twenty percent of the assessed value of all real and personal property within the District." The District's legal annual debt service limit as June 30, 2012, is approximately $32 million.

Arbitrage The Tax Reform Act of 1986 instituted certain arbitrage restrictions with respect to the issuance of tax-exempt bonds after August 31, 1986. Arbitrage regulations deal with the investment of all taxexempt bond proceeds at an interest yield greater than the interest yield paid to bondholders. Generally, all interest paid to bondholders can be retroactively rendered taxable if applicable rebates are not reported and paid to the Internal Revenue Service (IRS) at least every five years. During the current year, the District performed a calculation to determine if there were any excess investment earnings on the District's COPS at June 30, 2012, and as a result of this calculation the District does not expect to incur a liability.

32 335

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO THE BASIC FINANCIAL STATEMENTS (Continued) FOR THE YEAR ENDED JUNE 30, 2012 (9) PENSION PLAN

Plan Description - The Plan is a noncontributory single-employer defined benefit pension plan, which provides retirement benefits for all qualifying union and non-union employees. Administration of the Plan is performed by the Plan's management staff and overseen by the Plan's Retirement Board. The District makes contributions, based upon the Plan's actuarial calculation each fiscal year. The Plan's members are members of the Amalgamated Transit Union (ATU), the America Federation of State, County and Municipal Employees (AFSCME), the International Brotherhood of Electrical Workers (IBEW) and unrepresented employees. Each union vesting period is based upon its individual collective bargaining entity, which is 5 years for all employees other than ATU employees, who have an 8-year vesting requirement.

Actuarial methods and assumptions The actuary used the following assumptions and methods in calculating the annual required contribution and the funded status: Valuation date January I, 2012 Actuarial cost method Projected unit credit Amortization method Level percentage open Remaining amortization period 15 years (decreasing one year annually, 12 year minimum· 50% of2008 investroent loss is amortized over 30 years Market value less unrecognized investment gains or losse' Asset valuation method during the prior four years, phased in at 20% per year, but required to be within 20% of market value. Actuarial assumptions: Investroent rate of return* 7.5% 4% for ATU/IBEW participants Projected salary increases* 0.5% for AFSCIV!E and non-represented participants *Includes inflations at 3.2% None Cost of living adjustroents Actuarial valuations of an on-going plan involve estimates of the value of reported amounts and assumptions about the probability of occurrence of events far into the future. Amounts determined regarding the funded status of the plan and the annual required contribution of the District are subject to continual revision as actual results are compared with past expectations and new estimates are made about the future. The schedule of funding progress, presented as required supplementary information following the notes to the financial statements, presents multi-year trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liabilities for benefits.

Basis of Accounting - Contributions are recognized as revenues in the period in which employee services are performed. Benefits and refunds of prior contributions are recognized when due and payable in accordance with the terms of the Plan. Investments are stated at fair value. Quoted market values are used to value investroents. Investment gains and losses are based on average cost. Purchases and sales of securities are recorded on the trade date.

33 336

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO THE BASIC FINANCIAL STATEMENTS (Continued) FOR THE YEAR ENDED JUNE 30, 2012

Funding Policy - The District's contributions to the Plan nonnally are made in accordance with actuarially detennined requirements. The Plan's funding policy provides for actuarially detennined periodic contributions so that sufficient assets will be available to pay benefits when they are due. Significant actuarial assumptions used to compute the actuarially determined contribution requirement are the same as those used to compute the District's actuarial accrued liability. The District's annual required contribution in the current year was $38,624 representing 100% of projected actuarial payroll. The three-year trend infonnation for the Plan is as follows (dollars in thousands): Fiscal Year Ended June 30, 2010 Juue 30,2011 June 30,2012

Annual Pension Cost (APC) $

Percentage

Net

ofAPC Contributed

Pension

38,076 37,861 38,624

100% 100% 100%

Obligation $

Funded Status and Funding Progress - The unfunded actuarial liability is being amortized as a level percentage of expected payroll on an open basis over twenty-one years. As of January 1, 2012, the most recent actuarial valuation date, the funded status of the plan was as follows (dollars in thousands):

Actuarial accrued liability (AAL) Actuarial value of plan assets Unfunded actuarial accrued liability (UAAL) Fuuded ratio (actuarial value of plan assets/AAL) Annual covered payroll (active plan members) UAAL as a percentage of annual covered payroll

$ $

$

721,195 453 422 267 773 63% 126,239 212%

A schedule of funding progress that shows a trend analysis of funding progress can be found in the required supplementary infonnation. The Plan issues stand-alone financial statements and copies of these statements can be obtained from the AC Transit Retirement Department, 1600 Franklin Street, Oakland, CA 94621.

34 337

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO THE BASIC FINANCIAL STATEMENTS (Continued) FOR THE YEAR ENDED JUNE 30, 2012 {10) POST EMPLOYMENT BENEFITS OTHER THAN PENSIONS A. ATU Local 192 Benefit Trust Plan Description The ATU Local 192 Benefits Trust (the Trust) administers a single-employer defined benefit post employment plan to assist eligible retirees with their medical costs. The Trust consists of three programs that provide other post employment benefits: the ATU Retiree Health & Welfare Program, the AFSCME Retiree Medial Program and the IBEW Retiree Medical Program. The Trust provides medical benefits to all vested retirees at least 55 years old by paying a portion of the medical insurance premiums or reimbursement of eligible medical expenses not to exceed the maximum negotiated rates. Rates are negotiated between the District and the respective bargaining units. The Trust's board of trustees has historically adopted rates based on the premiums offered by participating providers. Funding Policy The District is required to make contributions to the Trust based on the number of hours worked by active union employees. The establishment and modification of the memorandums of understanding between the District and the respective bargaining units creates the authority under which the District is obligated to make its contributions. For fiscal year 2012, the required contribution rates were as follows: Bargaining Unit

Contribution Rate

ATU Locall92 AFSCME

$0.65 per hour per employee No contribution $1.04 per hour per employee

IBEW

Annual OPEB Cost and Net OPEB Obligation (Asset) The District's annual other post employment benefit (OPEB) cost is equal to the annual required contribution (ARC), an amount actuarially determined in accordance with the parameters of GASB Statement No. 45. The ARC represents a level of funding that, if paid on an ongoing basis, is projected to cover the normal cost of each year and unfunded actuarial liabilities amortized over thirty years. The following table shows the components of the District's annual OPEB cost for the year, the amount contributed to the plan, and changes in the District's net OPEB asset to the plan (in thousands): Annual required contribution Interest on net OPEB asset Adjustment to annual required contribution OPEB cost Contribution ·made Increase in net OPEB asset Net OPEB asset- beginning of year Net OPEB obligation- end of year

35 338

$

4,541 (67)

87

$

4,561 {1,819) 2,742 {1,338) 1404

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO THE BASIC FINANCIAL STATEMENTS (Continued) FOR THE YEAR ENDED JUNE 30, 2012 The District's annual OPEB cost, the percentage of anuual OPEB cost contributed to the plan, and the net OPEB asset for the current year is as follows (in thousands):

Fiscal Year Ended June 30, 2010 June 30, 2011 June 30, 2012

Percentage of Annual OPEB Cost Contributed 109.3% 66.5% 39.9%

Annual OPEB Cost 4,170 $ 4,334 4,561

NetOPEB Obligation (Asset) $ (2,792) (1,338) 1,404

Funded Status and Funding Progress The unfunded actuarial accrued liability is being amortized as a level dollar of expected payroll on an open basis over thirty years, beginning July 1, 2007. As of June 30, 2012, the funded status of the plan was as follows (in thousands): Actuarial accrued liability (AAL) Actuarial value of plan assets Unfunded actuarial accrued liability (UAAL) Funded ratio (actuarial value of plan assets/AAL Annual covered payroll (active plan members) UAAL as a percentage of annual covered payrol

$ 80,381

8 542 $ 71 839

10.6% 103,858 69.2%

Actuarial Methods and Assumptions Actuarial valuations of an on-going plan involve estimates of the value of reported amounts and assumptions about the probability of occurrence of events far into the future. Examples include assumptions about future employment, mortality, and the healthcare cost trend. Amounts determined regarding the funded status of the plan and the annual required contribution of the District are subject to continual revision as actual results are compared with past expectations and new estimates are made about the future. The schedule of funding progress, presented as required supplementary information following the notes to the financial statements, presents multi-year trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liabilities for benefits. Projections of benefits for financial reporting purposes are based on the substantive plan (the plan as understood by the District and plan members) and include the types of benefits provided at the time of each valuation and the historical pattern of sharing of benefit costs between the District and plan members to that point. The actuarial methods and assumptions used include techniques that are designed to reduce short-term volatility in actuarial accrued liabilities and the actuarial value of assets, consistent with the long-term perspective of the calculations.

36 339

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT. NOTES TO DIE BASIC FINANCIAL STATEMENTS (Continued) FOR THE YEAR ENDED JUNE30, 2012 In the actuarial valuation as of June 30, 2012, the actuarial cost method used was the projected unit credit method. This method allocates the present value of benefits for each individual attributable to service to date, using future compensation projected to retirement. The amortization method used was the level dollar open method; the remaining amortization period is 30 years. The actuary uses market value to detennine the actuarial value of the plan assets. The actuarial assumptions include an investment rate of 5.0%, an inflation rate of 3.2%, a healthcare cost trend rate of 10% for fiscal year 2012 grading down 1.0% each year to 5.0% for fiscal year 2017 and beyond. The Trust issues stand-alone financial statements and copies of these statements can be obtained from the District Controller, 1600 Franklin Street, Oakland, CA 94621. B. Retiree Benefits Non-Trust Plan Plan Description The District administers a single-employer defined benefit post employment plan called the Retiree Benefits Non-Trust Plan (the OPEB Plan) to assist eligible retirees with their medical costs. The OPEB Plan provides medical, dental, vision and life insurance benefits to all vested retirees and their spouses at least 55 years old by paying the current participating providers' insurance premiums. The medical insurance benefit is also available for a retiree's dependent, if applicable. The OPEB Plan differs from the Trust in that it provides Trust plan members supplemental healthcare benefits in addition to medical benefits, as well as providing medical benefits to District employees who are unrepresented. Insurance premium rates are negotiated between the District and the respective bargaining units. The District has historically adopted rates based on the premiums offered by participating providers. The OPEB Plan does not issue stand-alone fmancial statements. Funding Policy The District has historically funded the OPEB Plan on a pay-as-you-go basis. There is currently no requirement for either the District or the OPEB Plan members to make contributions to the OPEB Plan. Annual OPEB Cost and Net OPEB Obligation The District's annual other post employment benefit (OPEB) cost is equal to the annual required contribution (ARC), an amount actuarially determined in accordance wit the parameters of GASB Statement No. 45. The ARC represents a level of funding that, if paid on an ongoing basis, is projected to cover the normal cost of each year and unfunded actuarial liabilities amortized over thirty years.

37 340

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO THE BASIC FINANCIAL STATEMENTS (Continued) FOR THE YEAR ENDED JUNE 30, 2012 The following table shows the components of the District's annual OPEB cost for the year, the amount contributed to the plan, and changes in the District's net OPEB obligation to the plan (in thousands): Annual required contribution Interest on net OPEB asset Adjustment to annual required contribution OPEB cost Contribution made Decrease in net OPEB obligation Net OPEB obligation- beginning of year Net OPEB obligation- end of year

$

$

1,574 66 (89) 1,551 (1,590) (39) 1,162 I 123

The District's annual OPEB cost, the percentage of annual OPEB cost contributed to the plan, and the net OPEB obligation for the current and prior years are as follows (in thousands): Percentage of

Fiscal Year Ended June 30,2010 June 30, 2011 June 30, 2012

AnnualOPEB Cost Contributed 82.4% 93.5% 102.5%

Annual OPEB Cost $ 1,357 1,396 1,551

NetOPEB Obligation (Asset) $ 1,071 1,162 1,123

Funded Status and Funding Progress The unfunded actuarial accrued liability is being amortized as a level dollar of expected payroll on an open basis over thirty years, beginning July 1, 2007. As of June 30, 2012, the funded status of the plan was as follows (in thousands): Actuarial accrued liability (AAL) Actuarial value of plan assets Unfunded actuarial accrued liability (UAAL) Funded ratio (actuarial value of plan assets/AAL) Annual covered payroll (active plan members) UAAL as a percentage of annual covered payroll

$ 28,498

$ 28,498 0%

$111,792 25.5%

Actuarial Methods and Assumptions Actuarial valuations of an on-going plan involve estimates of the value of reported amounts and assumptions about the probability of occurrence of events far into the future. Examples include assumptions about future employment, mortality, and the healthcare cost trend. Amounts determined regarding the funded status of the plan and the annual required contribution of the District are subject to continual revision as actual results are compared with past expectations and new estimates are made about the future. The schedule of funding progress, presented as required supplementary information following the notes to the financial statements, presents multi-year trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liabilities for benefits.

38 341

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO THE BASIC FINANCIAL STATEMENTS (Continued) FOR THE YEAR ENDED JUNE 30, 2012

Projections of benefits for fmancial reporting purposes are based on the substantive plan (the plan as understood by the District and plan members) and include the types of benefits provided at the time of each valuation and the historical pattern of sharing of benefit costs between the District and plan members to that point. The actuarial methods and assumptions used include techniques that are designed to reduce short-term volatility in actuarial accrued liabilities and the actuarial value of assets, consistent with the long-term perspective of the calculations. In the actuarial valuation as of June 30, 2012, the actnarial cost method used was the projected unit credit method. This method allocates the present value of benefits for each individual attributable to service to date, using futnre compensation projected to retirement. The amortization method used was the level dollar open method; the remaining amortization period is 30 years. The actnarial assumptions include an investment rate of 4.5%, an inflation rate of 3 .2%, a healthcare cost trend rate of9.0% for fiscal year 2012 grading down 1.0% each year to 5.0% for fiscal year 2015 and beyond, and a dental and vision cost rate of 3.0%. (11) COMMITMENTS

A. PTMISEA Grants The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006, approved by the voters as Proposition I B on November 7, 2006, includes a program of funding in the amount of $4 billion to be deposited in the Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA). Of this amount, $3.6 billion in the PTMISEA is available to project sponsors in California for allocation to eligible public transportation projects. During fiscal year 20 I 0, the District submitted a Corrective Action Plan requesting additional PTMISEA grant funding on top of its fiscal year 2009 allocation to purchase buses. The California Department of Transportation (CalTrans) determined that the District was eligible to receive an additional allocation totaling $8,826,245 (2009 allocation). The funds were sent to the District prior to its purchase of the buses but are committed to funding futnre bus purchases. The funds must be encumbered within three years and expended within three years of being encumbered. In fiscal year 2012, the District received grant funds for the purchases of busses and Transit Access Improvement projects in the amount of $31,983,846. There has been no drawdown against these funds in fiscal year 2012. The following table shows the changes in activity related to the PTMISEA grant funds during the fiscal year as well as the remaining commitment as of June 30, 2012 (in thousands):

Total Allocations as of June 30, 2011 $ 27,493

Total Allocations received in FY 2012 $ 31,984

Cumulative Expenses Incurred through June 30, 2012 $ 12,601

39 342

Interest Income $

17

Commitment at June 30, 2012 $ 46,893

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO THE BASIC FINANCIAL STATEMENTS (Continued) FOR THE YEAR ENDED JUNE 30, 2012 (12) CONTINGENCIES A. Lease and Use Agreement for the Temporary Terminal and Transit Center In September 2008, the District approved a Lease and Use Agreement for the Temporary Terminal and the new Transit Center with the Transbay Joint Powers Authority (the TJPA). The agreement sets forth the parties' rights and obligations up to the year 2050 with respect to (a) the District's bus operations in the Temporary Terminal and the new Transit Center; (b) the District's contribution to offset annual operating costs for the Temporary Terminal and Transit Center; and (c) the District's capital contributions to build the Transit Center in the sum of $57,000,000 (in 20ll dollars). The District's $57,000,000 contribution will be funded through a combination of payments from various grant funded sources and a proposed passenger facilities charge. Projected contributions are scheduled as follows (in OOO's):

2013 2014 2015 2016 2017 2018-2022 2023 -2027 2028-2032 2033 - 2034

Payments $ 8,879 8,302 7,758 4,626 987 5,074 5,840 6,247 1,605

B. Claims and Potential litigation There are claims and litigation pending, which are considered normal to the District's operation of the transit system. The District maintains insurance coverage for such incidents, as summarized in Note 14, and provisions have been made in the financial statements for estimated losses under the self-insurance retention limits of insurance policies. C. Pollution Remediation The District has an estimated $1,594,300 in liabilities for the monitoring and potential clean-up costs for pollution remediation obligations. The District has several locations where soil and groundwater has been contaminated. The Alameda County Health Care Services Agency {ACHCS) and the Alameda County Water District {ACWD) issued directives to the District to perform groundwater monitoring and require conceptual models and feasibility studies to address possible mitigation measures. The estimated liabilities were measured at current value using the expected cash flow technique for each obligating event based on current and estimated costs. Changes to estimated liabilities will be made when new information, such as changes in remediation plans, technology and legal or regulatory requirements, becomes available.

40 343

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO THE BASIC FINANCIAL STATEMENTS (Continued) FOR THE YEAR ENDED JUNE 30, 2012 (13) RISK MANAGEMENT As of June 30, 2012 the District has the following coverages: Type of Coverage

Deductible

Coverage Limit

General Liability

$200,000

$1,800,000 per occurrence with excess up to $53,000,000

Workers' Compensation

1,000,000

Statutory Limit

100,000

$100,000,000

Property, B&M, Auto Physical Damage

The District accrues a liability for claims and litigation (including a reserve for claims incurred but not reported) based on an actuarial study. The liability includes allocated and unallocated claims adjustment expenses and incremental claim expense. In addition, the District is partially self-insured for health and dental exposure. Management has evaluated the potential liability and recorded an accrual, which includes an amount for incurred but not reported claims. During the year ended June 30, 20)2, the actuarial estimates based on the 75"' percentile discounted at 3.0 to 3.5% to estimate its liability for worker's compensation and the public liability claims were $44.5 million and $9.7 million, respectively. Changes in the reported liability resulted from the following (in thousands):

Workers' Compensation

Balance at June 30, 2010 Claims and changes in estimates Claim Payments Balance at June 30, 2011 Claims and changes in estimates Claim Payments Balance at June 30, 2012

Liabilitr 41,240 131 (228) 41,143 13,303 (9,971) 44,475 $

$

Public Liabili!r 8,464 $ 2,551 (3,718) 7,297 6,708 (4,257) $ 9,748

Health and Dental Liabilitr $167 $ 38,779 (38,721) 225 4,685 (4,793) $ 117

$

$

Total 49,871 41,461 (42,667) 48,665 24,696 (19,021) 54,340

The classification of the current and long-term portion of the self-insurance liabilities for the year ended June 30, 2012 are summarized as follows (in thousands):

Workers' compensation liability Public liability Health & Dental liability

$

$

Current 6,395 5,498 117 12,010

41 344

Long-term $ 38,080 4,250

$

42,330

$

$

Total 44,475 9,748 117 54,340

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO THE BASIC FINANCIAL STATEMENTS (Continued) FOR THE YEAR ENDED TIJNE 30, 2012 (14) JOINT VENTURE In 1994, the District and BART executed an agreement establishing the East Bay Paratransit Consortium. The District supports the project primarily through its own operating funds, with some financial assistance from Alameda County Measure B funds. The purpose of the Consortium is to provide Americans with Disabilities complementary paratransit services in Alameda and western Contra Costa counties. The area served encompasses the AC Transit/BART coordinated service area. Revenues and expenses for the Consortium are split evenly between the District and BART, respectively, and the District's financial statements reflect its portion of revenues and expenses as operating activities. The District has no equity interest in the Consortium.

Effective October I, 2003, the Consortium discontinued the practice of rotating lead agency responsibilities on an annual basis. Key administrative support functions are now permanently assigned to each participating agency. Also effective October I, 2003, a Service Review Advisory Committee (SRAC) was established to serve in an advisory capacity to the Service Review Committee. The primary mission of the SRAC will be to advise on planning, policy and other matters related to the Consortium; advocate for high quality, safe, reliable and courteous paratransit services; and to provide a forum for public input and participation in the review, assessment and evaluation of the ADA paratransit service. In fiscal year 2012, the District incurred expenses of $24.092 million related to the Consortium.

42 345

Required Supplementary Information (Other than MD&A- Unaudited)

346

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT SCHEDULE OF FUNDING PROGRESS ALAMEDA-CONTRA COSTA TRANSIT EMPLOYEES' PENSION PLAN (UNAUDITED) YEARENDEDDECEMBER31, 2011 (In Thousands) Actuarial Valuation Date January 1, 2010 January 1, 2011 January 1, 2012

Actuarial Value of Assets

$

391,062 428,644 453,422

Actuarial Accrued Liability

$

625,116 692,487 721,195

Unfunded Actuarial Accrued Liability 234,054 263,843 267,773

$

Funded Ratio

Covered Payroll

Unfunded Liability as a Percent ofPayroll

63% 62% 63%

$ 136,127 126,536 126,239

172% 223% 212%

SCHEDULE OF FUNDING PROGRESS ALAMEDA-CONTRA COSTA TRANSIT EMPLOYEES' POST EMPLOYMENT BENEFITS OTHER THAN PENSION (UNAUDITED) YEAR ENDED JUNE 30,2011 (In Thousands)

A. ATU Locall92 Benefits Trust Actuarial Valuation Date June 30,2010 June 30, 2012

Actuarial Value of Assets

$

8,895 8,542

$

Actuarial Accrued

Unfunded Actuarial Accrued

Liabili~

Liabili~

70,574 80,381

$

61,679

Funded Ratio

Covered Payroll

Unfunded Liability as a Percent ofPa):'!oll

13% 11%

$ 120,000 103,858

52% 69%

Funded Ratio

Covered Pa):'!oll

Unfunded Liability as a Percent ofPa):'!oll

0%

$ 130,000 111,792

20% 26%

B. Retiree Benefits Non-Trust Plan Actuarial Valnation Date June 30, 2010 June 30, 2012

Actuarial Value of Assets $

Actuarial Accrued Liabili~

$

25,328 28,498

Unfunded Actuarial Accrued Liability

$

25,328 28,498

44 347

0%

Other Supplementary Information

348

ALAMEDA-CONTRA COST A TRANSIT DISTRICT COMPARATIVE STATEMENTS OF FUND NET ASSETS BUSINESS-TYPE ACTIVITY - ENTERPRISE FUND JUNE 30, 20I2 AND 20Il (In thousands) 2011

20!2 ASSETS CURRENT ASSETS:

Cash and cash equivalents Restricted cash and cash equivalents Receivables: Federal and local grants: Capital Planning, operating and other

$

!29,423 42

$

58,!60 204

6,064 !9,692 9,823 7,790 3,760

!2,948 31,050 !0,686 6,092 3 !28

Total receivables - net

47,!29

63 904

Due from Pension Trust Fund Inventories at average cost Prepaid expenses

3,348 !0,963 3,5!3

3,!!0 !!,152 2,834

!94,4!8

!39,364

2,488

2,488

!,295

!,706 !,338

28,392 !90,940

70,492 17!,600

Total capital assets, net

2!9,332

242,092

Total noncurrent assets

223,115

247,624

4!7,533

386,988

17,148 1,361 !5,093 3,293 5,3!5 !,3!4 7,522 232 12,0!0 248 !,626

!!,08! 2,215 !4,768 2,809 4,281 !,303 5,!70 250 !2,3!2 2!! 2,95!

65 !62

57,35!

Accrued vacation and sick leave Net OPEB obligation Claims liabilities Remediation obligations Certificates of participation

7,023 2,295 42,330 l ,346 30,6!6

6,659 9!2 36,353 !,!97 33 99!

Total noncurrent liabilities

83,6!0

79,1!2

!48,772

!36,463

!87,570 46,893 1,174 33,!24

207,548 !4,897 1,350 26,730

Property tax Local sales tax

Other, principally trade receivables

Total current assets NONCURRENT ASSETS: Restricted for certificates of participation:

Cash and cash equivalents Investments Certificates of participation issuance costs, net Net OPEB asset

Capital assets: Nondepreciable Depreciable, net

TOTAL ASSETS LIABILITIES CURRENT LIABILITIES: Accounts payable and accrued expenses

Accrued salaries and wages Current portion of accrued vacation and sick leave Due to Pension Trust Fund Other accrued liabilities Accrued interest payable Unearned revenue CUrrent portion of OPEB obligation Current portion of claims liabilities Current portion of remediation obligations Current portion of certificates of participation Total current liabilities NONCURRENT LIABILITIES:

Total liabilities NET ASSETS

Invested in capital assets, net of related debt Restricted for capital purchases Restricted for debt service Unrestricted $

TOTAL NET ASSETS

46 349

268,761

$

250,525

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT COMPARATIVE STATEMENTS OF REVENUES, EXPENSES, AND CHANGES IN FUND NET ASSETS BUSINESS-TYPE ACTIVITY- ENTERPRISE FUND FOR THE YEARS ENDED JUNE 30, 2012 AND 2011 (In thousands) 2012 OPERATING REVENUES: Passenger fares Contract services Other

$

Total operating revenues OPERATING EXPENSES: Operator wages Other wages Fringe benefits Depreciation and amortization Fuel and oil Other material and supplies

Services Insurance Net expenses of joint venture Other Total operating expenses Operating loss NONOPERATING REVENUES (EXPENSE): Operating assistance: Property taxes Local sales tax Local funds Federal State Gain (loss) on sale of capital assets Interest income Interest expense

2011

49,125 8,021 3,408

$

47,700 9,846 3,786

60,554

61,332

58,384 48,328 117,593 37,899 18,593 13,913 20,547 9,262 11,396 14,164

61,115 50,267 116,399 35,531 16,209 11,775 20,261 4,267 8,586 10,417

350,079

334,827

(289,525)

(273,495)

100,150 54,609 60,901 32,458 13,193 (293) 585 (1,720)

94,539 51,130 54,883 42,715 13,800 204 187 (1,996)

Net nonoperating revenues

259,883

255,462

Loss before capital contributions

(29,642)

(I 8,033)

CAPITAL CONTRIBUTIONS

47,878

26,663

CHANGE IN NET ASSETS

18,236

8,630

250,525

241,895

NET ASSETS, beginning of year

$

NET ASSETS, end of year

47 350

268,761

$

250,525

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT COMPARATIVE STATEMENTS OF CASH FLOWS BUSINESS-TYPE ACTIVITY- ENTERPIUSE FUND FOR THE YEARS ENDED JUNE 30, 20I2 AND 2011 (In thousands) 2012

2011

CASH FLOWS FROM OPERATING ACTIVITIES:

Cash received from customers Cash payments to suppliers for goods and services Cash payments to employees for services

$

Other operating receipts

Net cash used in operating activities

57,146 (72,959) (223,554) 5,128

$

57,546 (72,774) (233,378) 5,476

(234,239)

(243,130)

271,834

269,2ZI (7,000) (205)

CASH FLOWS FROM NON CAPITAL FINANCING ACTIVITIES:

Operating assistance received Principal paid on notes payable Interest paid on notes payable

(205)

Net cash provided by noncapital fmancing activities

271,629

262,016

(15,298) 54,762 (134) (4,729) (1,475)

(32,926) 17,407 363 (2,870) (1,919)

33,126

(19,945)

CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES:

Acquisition and construction of capital assets Capital contributions from grants Proceeds from sale of capital assets Principal paid on certificates of participation Interest paid on certificates of participation Net cash provided by (used in) capital and related financing activities CASH FLOWS FROM INVESTING ACTIVITIES:

Proceeds from sales and maturities of investments Purchase of investments Interest received on investments

2,018

Net cash provided by investing activities

585

187

585

2,205

CHANGE IN CASH AND CASH EQUIVALENTS

71,101

1,146

CASH AND CASH EQUIVALENTS, beginning of year

60,852

59,706

CASH AND CASH EQUIVALENTS, end of year

$

131,953

$

60,852

$

129,423 2,530

$

58,160 2,692

$

131,953

$

60,852

$

(289,525)

$

(273,495)

SUMMARY OF CASH AND CASH EQUIVALENTS AND INVESTMENTS REPORTED ON THE STATEMENT OF NET ASSETS:

Cash and cash equivalents (unrestricted) Restricted cash and cash equivalents Total cash and cash equivalents reported on the statement of net assets RECONCILIATION OF OPERATING LOSS TO NET CASH USED IN OPERATING ACTIVITIES:

Operating loss Adjustments to reconcile operating loss to net cash used in operating activities: Depreciation and amortization Effect of changes in assets and liabilities: Receivables Inventories Due from Pension Trust Fund Prepaid expenses and OPEB asset Accounts payable and accrued expenses Accrued salaries and wages Accrued vacation and sick leave Unearned revenue Due to Pension Trust FWld Other accrueds Long term liabilities

37,899

35,531

(632) 189 (238) 1,070 6,067 (854) 325 2,352 484 1,034 7,590

Net cash used in operating activities

$

48 351

(234,239)

1,579 1,523 (3,110) 983 (2,777) 34 (1,036) 111 2,610 (4,095) (988) $

(243,130)

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT COMPARATIVE SCHEDULES OF REVENUES, EXPENSES, AND CHANGES IN FUND NET ASSETS BUDGETARY BASIS- BUSINESS-TYPE ACTIVITY- ENTERPRISE FUND- TRANSIT ONLY FOR THE YEARS ENDED JUNE 30, 2012 AND 201! (In thousands) 2012 OPERATING REVENUES: Passenger fares Bart transfers Contract services Advertising Interest income Other

$

Total operating revenues SUBSIDIES Property taxes Property taxes - Measure VV Local sales tax- Measure B Local sales tax - Measure J Local operating assistance State- AB 11107 State - AB2972 Home to School State -TDA State- STA State operating assistance other Federal operating assistance

20ll

51,323 2,855 4,873 1,174 34 2,234

$

49,706 2,460 2,332 1,2!2 43 2,786

62,493

58,539

70,882 29,269 23,038 3,522 12,101 32,50! 2,225 52,840 12,780 (20) 33, Ill

65,255 29,284 21,687 3,585 13,509 30,145 2,225 44,635 1!,889 1,68! 44,422

Total subsidies

272,249

268,3!7

Total revenue & subsidies

334,742

326,856

58,384 48,328 78,968 38,625 20,547 18,593 535 !3,378 2,577 9,262 24,238 ll,587 1,847

59,432 49,483 76,9!6 37,86! 20,26! 15,878 67! 1!,020 2,905 3,859 21,849 7,308 1,983

326,869

309,426

Net revenues

7,873

!7,430

Capital contributions Depreciation

47,878 (37,899)

26,663 (35,0!!)

$!7,852

$9,082

EXPENSES: Operator wages Other wages Fringe benefits Pension expense Services Fuel and lubricants Office/printing supplies Other materials and supplies Utilities Insurance Expenses ofjoint venture Other expenses Interest expense

Total expenses

Excess of revenues over expenses

See accompanying notes to other supplementary information. 49 352

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT SCHEDULE OF REVENUES, SUBSIDIES AND EXPENSES, BUDGET VERSUS ACTUAL BUSINESS-TYPE ACTIVITY - ENTERPRISE FUND- TRANSIT ONLY FOR THE YEAR ENDED JUNE 30,2012 (In thousands)

Actual OPERATING REVENUES: Passenger fares Bart Transfers Contract services

$

Advertising

Interest income Other Total.operating revenues SUBSIDIES Property taxes Property taxes - Measure VV Local sales tax - Measure B Local sales tax - Measure J Local operating assistance State - AB II 07 State - AB2972 Home to School State- TDA State- STA State operating assistance other Federal operating assistance

Final Dud get

Variance with Final Budget Positive (Ne~ative)

51,323 2,855 4,873 I, 174 34 2,234

$50,836 2,436 4,898 1,150 30 2,420

$487 419 (25) 24 4 (186)

62,493

61,770

723

70,882 29,269 23,038 3,522 12,101 32,501 2,225 52,840 12,780 (20) 33,111

64,589 29,335 21,613 3,527 15,002 31,650 2,225 53,356 13,601 33,381

6,293 (66) 1,425 (5) (2,901) 851 (516) (821) (20) (270)

Total subsidies

272,249

268,279

3,970

Total revenue & subsidies

334,742

330,049

4,693

EXPENSES: Operator wages Other wages Fringe benefits

58,384 . 48,328 78,968 38,625 20,547 18,593 535 13,378 2,577 9,262 24,238 11,587 1,847

Pension expense Services Fuel and lubricants Office/printing supplies Other materials and supplies Utilities Insurance Purchased transportation Other expenses Interest expense

Total operating expenses Excess of revenues over expenses

Depreciation and amortization

58,167 48,015 71,355 39,160 20,569 19,361 716 14,353 2,930 7,654 24,220 11,108 1,873

326,869

319,481

7,873

$10,568

(37,899)

Capital contributions

47,878

Change in net assets

$17,852

See accompanying notes to other supplementary information.

50 353

(217) (313) (7,613) 535 22 768 181 975 353 (1,608) (18) (479) (26) (7,440) $12,133

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT SCHEDULE OF REVENUES AND EXPENSES BY SERVICE AREA BUSINESS-TYPE ACTIVITY- ENTERPRISE FUND -TRANSIT ONLY FOR TilE YEAR ENDED JUNE 30, 2012 (In thousands) Special Transit District 1

REVENUES: Passenger fares BART transfers Contract services Advertising Interest income Other

Special Transit District 2

Total

$48,377 2,691 4,866 1,035 30 1,970

$2,946 164 7 139 4 264

$51,323 2,855 4,873 1,174 34 2,234

58,969

3,524

62,493

56,717 29,269 21,307 3,522 10,135 32,501 2,225 43,638 11,395 29,217

14,165

9,202 1,365 3,894

70,882 29,269 23,038 3,522 12,101 32,501 2,225 52,840 12,760 33,111

Total subsidies

239,926

32,323

272,249

Total revenues and subsidies

298,895

35,847

334,742

52,289 42,608 70,227 34,349 18,168 16,391 472 11,792 2,272 8,166 21,651 10,217 1,639 33,414

6,095 5,720 8,742 4,276 2,378 2,201 63 1,583 305 1,096 2,588 1,372 209 4,485

58,384 48,328 78,969 38,625 20,546 18,592 535 13,375 2,577 9,262 24,239 11,589 1,848 37,899

Total expenses

323,655

41,113

364,768

Income (loss) before capital contributions

(24,760)

(5,266)

(30,026)

Total operating revenues SUBSIDIES Property taxes Property taxes - Measure VV Local sales tax- Measure B Local sales tax- Measure J Local operating assistance State- AB1107 State- AB2972 Home to School State-IDA State operating assistance Federal operating assistance

EXPENSES: Operator wages Other wages Fringe benefits Pension Services Fuel and lubricants Office/printing supplies Bus parts/maintenance supplies Utilities Insurance Purchased transportation Other expenses Interest Expense Depreciation

Capital contributions Change in net assets

1,731 1,966

47,468 22,708

$

$

(4,856)

See accompanying notes to other supplementary information. 51 354

47,878

410

$

17,852

This Page Left Intentionally Blank

355

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO OTHER SUPPLEMENTARY INFORMATION FOR THE YEAR ENDED JUNE 30, 2012

Budgetary Basis ofAccounting

The District's fiscal policies establish the framework for the management and control of the District's resources to ensure that the District remains fiscally sound. The District's goals and policies, which are approved by the Board of Directors, determine where and how District resources should be dedicated. For this reason, District goals, objectives, short and long-range planning and performance analyses are incorporated into the budget development process. It is the policy of the District that the Board of Directors approves an annual budget prior to the beginning of each fiscal year. The budget is developed generally using the accrual basis of accounting. See the following section for a reconciliation of budget versus generally accepted accounting principles.

Budgetary Basis Differences

As discussed in Note 2, the accompanying basic fmancial statements have been prepared on the accrual basis of accounting in conformity with accounting principles generally accepted in the United Sates of America (GAAP). The following is a summary of the differences between GAAP and budgetary basis: • Perspective differences resulting from the Corporation and the Paratransit operations not budgeted. • Capital outlay presented represents capital outlay funded by the District's operations and this is reported as an outflow of budgetary resources but is not considered an expense for fmancial reporting purposes. • Depreciation on capital assets funded by District operations is not budgeted, as it is not an outflow of budgetary resources. The effect of these differences between budgetary and GAAP accounting on the June 30, 2012 basic financial statements of the District's budgeted fhnd is as follows (in thousands): $ 18,236

Increase in net assets on a GAAP basis Perspective differences Increase in net assets on a budgetary basis

53 356

(384) $ 17,852

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT NOTES TO OTHER SUPPLEMENTARY INFORMATION FOR THE YEAR ENDED ruNE 30, 2012

Schedule of Revenues and Expense by Service Area As discussed in note I to the financial statements, the District's basic financial statements include the financial activities of the District's Special Transit Service Districts No. I and No.2. The amounts recorded in this schedule do not reflect paratransit activity and activity of the AC Transit Financing Corporation. The District's revenues between these Special Transit Service Districts are allocated based predominantly either on estimated actual revenues, farebox revenue allocations or on a ratio that uses service hours and service miles in Special Transit Service Districts No. I and No. 2. The District's expenses between these Special Transit Districts are allocated based predominantly either on operator wages or on a ratio that uses service hours and service miles in both Special Transit Service Districts No. I and No. 2.

54 357

SR 12-285 Attachment 2 DISTRICT PARCEL TAX FISCAL OVERSIGHT COMMITTEE RESOLUTION NO. 12-01 A RESOLUTION DETERMING THAT THE MEASURE VV FUNDS COLLECTED DURING THE 2011-12 FISCAL YEAR HAVE BEEN APPROPRIATED AND EXPENDED IN SPECIAL TRANSIT SERVICE DISTRICT NO.1 FOR OPERATION AND MAINTENANCE ACTIVITIES WHEREAS, on November 5, 2002 the voters in Special Transit Service District No. 1 (District 1} approved Measure AA which imposed a $24 dollar per parcel per year tax on properties in District 1, for five years, for the operation and maintenance of AC Transit's activities in District 1; and WHEREAS, AC Transit Resolution No. 2098 created the Measure AA Oversight Committee for the purpose of determining that the monies collected under Measure AA were spent in District 1 for the operation and maintenance of AC Transit' services in District 1, as those terms are defined in AC Transit Resolution No. 2067; and WHEREAS, on November 2, 2004 the voters in District 1 approved Measure BB, increasing the amount of the parcel tax to $48.00 per parcel per year for ten years commencing on July 1, 2005; and WHEREAS, as a consequence of the passage of Measure BB (with an increased time period and amount) Resolution No. 05-031 was adopted repealing Resolution No. 2098 and establishing the Measure AA/BB Oversight Committee, appointed its membership and 1 amended Resolution No. 2067 and 2135 modifying the reporting period from September 30 h to 51 December 31 of each year; and WHEREAS, on November 4, 2008 the voters in District 1 approved Measure VV, increasing the amount of the parcel tax to $96.00 per parcel per year for ten years, commencing on July 1, 2009; and WHEREAS, a special meeting of the District Parcel Tax Fiscal Oversight Committee (the Committee) was held on December 5, 2012 during which the Committee reviewed information provided by Alameda-Contra Costa Transit District's Chief Financial Officer contained in CFO Memo no. 12-01; NOW THEREFORE, the District Parcel Tax Oversight Committee does resolve as follows: Section 1. Determines that the monies collected pursuant to Measure VV during the 2011-12 fiscal year were appropriated and expended for the operation and maintenance of AC Transit services in District 1. Section 2. Board of Directors.

Authorizes the transmittal of a copy of this resolution to the AC Transit

Parcel Tax Fiscal Oversight Committee Resolution No. 12-01 358

Pagel a/2

Section 3.

This resolution shall become effective immediately upon its pa ssage by four affirmative votes of the Alameda-Contra Costa Transit District Parcel Tax Fiscal Oversight Committee.

PASSED AND ADOPTED this 5th day of December 2012.

Attest :

I, Linda A. Nemeroff, District Secretary for the Alameda-Contra Costa Transit Di strict, do hereby· certify that the foregoing Resolution was passed and adopted at a Special Meeting of the District Parcel Tax Oversight Committee held on the 5th day of December, 2012 by the following roll call vote:

AYES:

MEMBERS VIRAMONTES, CHEKAL-BAIN, APODACA, BODINE, CHAIR ABELSON

NOES:

MEMBER WILLIAMS

ABSENT:

MEMBER JOHNSON

ABSTAIN:

NONE

~;t~~

Linda A. Nemeroff, Di strict Secretary

Approved as to Form and Content:

ral Counsel Parcel Tax Fiscal Oversight Committee Resolution No. 12-01 359

Page 2 o/2

ALAMEDA CONTRA-COSTA TRANSIT DISTRICT Special Transit Service Districts No. 1 and No.2 Schedule with Independent Accountant's Report . Year Ended June 30, 2012

360

MAZE

&ASSOCIATES

,,

JNDEPENDENT ACCOUNTANT'S REPORT ON APPLYJNG AGREED-UPON PROCEDURES Board of Directors Alameda Contra-Costa Transit District Oakland, California We have perfonned the procedures enumerated below, which were agreed to by the management of the Alameda Contra-Costa Transit District (District), solely to assist you in evaluating the accuracy of the allocation between Special Transit Service Districts (STSD) No. I and No. 2 in the accompanying Schedule of Revenues and Expenses by Service Area (Schedule) for the year ended June 30,2012. The District's management is responsible for the allocation methodology and the Schedule. This agreed-upon procedures engagement was conducted in accordance with the attestation standards established by the Americao Institute of Certified Public Accountants. The sufficiency of these procedures is solely the responsibility of those parties specified in the report. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. Our procedures and findings are as follows:

GENERAL A. We read the Special Traosit Seniice Districts (STSD) No. I and No. 2 allocation methodology for consistency with the prior year. We inquired of the rationale for any chaoges in methodology with District management. Finding: No changes in the allocation methodology were noted in the current year.

SCHEDULE OF REVENUES AND EXPENSES BY SERVICE AREA A. We reconciled the Schedule to the audited fmaocial statements. Finding: The Schedule reconciles to the audited financial statements. B. We compared service hours by STSD and by Alameda aod Contra Costa counties for the year ended June 30, 2012 used for allocation in the supporting worksheets prepared by the District. Finding: The service hours by STSD and by Alameda and Contra Costa counties for the year ended June 30, 2012 are supported by worksheets prepared by the District.

925.930.0902 925.930.0135 E [email protected] w mazeassociates.com T

Accountancy Corporation

F

3478 Buskirk Avenue, Suite 215 Pleasant Hill, CA 94523

I 361

ALAMEDA CONTRA-COSTA TRANSIT SCHEDULE OF REVENUES AND EXPENSES BY SERVICE AREA FOR THE YEAR ENDED JUNE 30, 2012 REVENUES:

Allocation Methodoloro

STSD #I $ 48,377,310 2,691,471 4,865,766 1,034,858 30,243 1,969,870

STSD#2 $ 2,945,955 163,898 7,441 138,930 3,627 264,455

TOTAL $ 51,323,265 2,855,369 4,873,207 1,173,788 33,870 2 234,325

58,969,518

3,524,306

62 493,824

56,716,873 29,268,624 21,307,001 3,522,100 10,134,506 32,500,536 2,225,000 43,638,070 11,395,217 29,217,080

14,164,635

9,202,165 1,364,694 3,894,252

70,881,508 29,268,624 23,037,792 3,522,100 12,100,964 32,500,536 2,225,000 52,840,235 12,759,911 33,111,332

SUBSIDIES

239,925,007

32,322,995

272,248,002

TOTAL REVENUE AND SUBSIDIES

298,894,525

35,847,301

334,741,826

52,288,668

6,095,283 5,720,150

58,383,951 48,328,304

(4)

42,608,154

8,741,808 4,275,727

78,968,453

(13)

38,624,454

(13)

18,168,054

2,377,745

20,545,799

(2)

16,391,451

2,200,554

18,592,005

(2)

471,822

63,342

535,164

(2)

11,791,546

1,583,017

13,374,563

(2)

2,271,995

305,016

2,577,011

(2)

8,165,685

1,096,244

9,261,929

(2)

10,217,216

1,371,663

11,588,879

(2)

21,650,584

2,587,535

24,238,119

(8)

1,639,157 33,411,852

208,214

1,847,371

4,485,545

37,897,397

(9) (2)

TOTAL EXPENSES

323,651,556

41,111,843

364,763,399

Income (loss) before capital contributions Capital Contributions- Federal and Local

(24,757,031) 47,467,145

(5,264,542) 409,913

(30,021,573) 47,877,058

$ 22,710,114

$ (4,854,629)

Farebox Bart Transfers Contract Services Advertising Interest income Other Income REVENUES

(I) (3) (14) (2) (6) (14)

SUBSIDIES

Property Taxes Property Taxes Mea.swes AAIVV Local Sales Tax - Measure B Local Sales Tax- Measure J Local Operating Assistance State: AB II 07

State AB2972 Home to School State· ffiA Sll!le- STA

Federal Operating Assistance

1,730,791 1,966,458

(7) (7) (11) (10) (14) (10) (10) (12) (5) (14)

EXPENSES

Operator Wages Other Wages Fringe Benefits Pension Expenses Services Fuel & Lubricants Office/Printing Supplies Bus Partsll'vlaint. Supplies Utilities Insurance Other Expenses Purchased Transportation Interest Expense Depreciation

CHANGE IN NET ASSETS

70,226,645 34,348,727

3 362

$

17,855,485

(2)

(14)

ALAMEDA CONTRA-COSTA TRANSIT DISTRICT NOTES TO THE SCHEDULE OF REVENUES AND EXPENSES BY SERVICE AREA FOR THE YEAR ENDED JUNE 30, 2012 (1)

General Special Transit Service District (STSD) No. I was lhe designation used from lhe creation of lhe Alameda Contra-Costa Transit District (District) for its original territory, consisting of lhe cities and surrounding unincorporated area from Richmond and San Pablo 1hrough Hayward. STSD No. 1 extends from San Pablo Bay to Hayward, including lhe cities of Richmond, San Pablo, El Cerrito, Albany, Berkeley, Emeryville, Oakland, Piedmont, Alameda, San Leandro, Hayward, and the unincorporated areas of Ashland, Castro Valley, Cherryland, El Sobrante, Kensington, and San Lorenzo. STSD No. 2 was created through an armexation agreement and includes the City of Fremont and the City of Newark in soulhwestem Alameda County where lhe District operates a network of local routes. Local service wi1hin Union City is operated by a separate agency, Union City Transit. Service to Palo Alto across lhe Dumbarton Bridge on lhe DB line is provided by lhe District under contract wilh a consortium of operators, led by lhe District.

(2)

Summary of Significant Accounting Policies and Schedule Presentation The accompanying Schedule was prepared in accordance wilh accounting principles generally accepted in lhe United States of America and lhe allocation methodology guidelines listed below. This Schedule does not present the financial position, changes in financial position, or cash flows of the Alameda Contra-Costa Transit District.

(3)

Basis of Accounting The Schedule has been prepared in accordance with the accrual basis of accounting.

(4)

Basis of Allocation The revenues and expenses on the Schedule are prorated between STSD No. 1 and No. 2 based on an allocation methodology that is specific to each financial statement caption. The primary allocation basis is an equal weighting of the relationship of hours and miles of service between the counties and the Special Transit Service District within the counties. The complete listing of allocation methodology is reported on page 4.

5 363

Measure VV: Special Tax Measure- Alameda County, CA

Page 1 of 5

This is an archive of a past election. See http : //www . smartvoter . org/ca/alm/ for current information.

Ill

0

League of Women Voters of California Education Fund

Alameda, Contra Costa County, CA

SHARE

•• '!J i , ...

November 4, 2008 Election

Measure VV Special Tax Measure Alameda-Contra Costa Transit District 2/3 Approval Required

6

Pass: 308,971 I 71.9% Yes votes ...... 120,864 I 28.1% No votes 40483 (70.12%) Yes I 17248 (29.88%) No in Contra Costa County 268488 (72.15%) Yes I 103616 (27.85%) No in Alameda County

See Also: I ndex of all Measures

Results as of Dec 2 8:18pm, 100.0% of Precincts Reporting (831/831) Includes 1211121 Precincts in Contra Costa County as of Dec 2 8: l8pm Includes 7101710 Precincts in Alameda County as ofNov 25 !0:26am Information shown below: Impartial Analys is 1 Arguments

1

Nonpartisan Information To preserve affordable local public transportation that allows seniors and people with disabilities to remain independent, takes students to amifrom school, provides transportation alternative5· given skyrocketing gas prices, helps residents commute to work and reduces traffic and greenhouse gas emissions by getting cars of/the road shall the Alameda-Contra Costa Transit District (AC Transit) increase its existing parcel tax by $4 per parcel, per month for ten years with independent oversight and all money staying local? Impartial Analysis from the Alameda County Cousel Measure V V, an Alameda-Contra Costa Transit District ("District") special parcel tax measure, seeks voter approval to authorize the District to levy an annual special parcel tax of ninetysix dollars ($96.00) per each parcel of taxable land within Special Transit District Number One for a period often years, beginning July 1, 2009. With voter approval, the District currently levies a parcel tax assessment of forty-eight dollars ($48.00) per parcel of taxable land, which is authorized through 2013. This measure would extend the special tax to June 30, 2019 and would increase the levy by forty-eight dollars ($48.00) for a total of ninety-six dollars ($96.00) per parcel of taxable land. If the measure passes, the allocation of the funding revenue is to be used for the operation and maintenance of bus services provided by the District in this Special Transit District Number One. The District has the authority to levy special taxes upon approval by two-thirds of the votes cast on the special tax measure pursuant

http://www.smartvoter.org/2008/11/04/ca/alm/measNV/

364

League of Women Voters

• Link to League Pros & Cons of Measure

vv

Events Televised Pros & Cons Presentations • These presentations briefly cover all 12 State Ballot Measures, 2 Regional Measures (VV & WW) and the three Oakland Measures (N, NN & 00). • Date: Thurs., Oct 23 Time: 3:30-4:30 PM Channel: KTOP, Oakland Cable Channel 10 Sponsor: League of Women Voters of Oakland

This election is archived. Any links to sources outside of Smart Voter may no longer be active. No further links will be added to this page. Links to sources outside of Smart Voter

12/6/2012

Page 2 of5

Measure VV: Special Tax Measure- Alameda County, CA

to the provisions of Section 4 of Article XIII A and Section 2 of Article XIII C of the California Constitution; sections 50075-50077 and 53722 of the California Government Code; and section 25892.1 of the California Public Utilities Code.

are provided for information only and do not imply endorsement.

If two-thirds of the qualified electors voting on this measure vote for approval, a special tax will be imposed annually for ten years at the rate of ninety-six dollars ($96.00) on each taxable parcel beginning July 1, 2009. The tax will be collected by the Alameda and Contra Costa County Treasurer-Tax Collectors at the same time and in the same manner as each county's collection of taxes. The owner(s) of a parcel that is exempt from property taxes, that is undeveloped or that is developed but vacant for more than six months in any one year (July 1 through June 30) is exempt from the imposition of this special tax upon application to the District. The measure further provides that the monies collected shall be accounted for separately and shall be expended only for those specified purposes. A community oversight committee will report to and advise the"District about the expenditure of the proceeds of the special tax. If two-thirds of the qualified electors voting on this measure do not vote for approval, the measure will fail, and the District will not be authorized to extend and increase the levy of the special tax and the levy would remain forty-eight ($48.00) on each taxable parcel through 2013. RICHARD E. WINNIE County Counsel The above statement is an impartial analysis of Measure V V. If you desire an additional copy of the measure, please call the AC Transit District Secretary's Office at (510) 891-7284 and a copy will be mailed at no cost to you. Arguments Against Measure VV

Arguments For Measure VV AC Transit bus services benefit us all by: • Helping seniors and people with disabilities who cannot drive remain independent • Providing transportation to and from school for children • Reducing traffic by getting cars off the road • Reducing greenhouse gas emissions that lead to air pollution and global warming • Providing transportation alternatives for those who cannot afford skyrocketing gas prices

http://www.smartvoter.org/2008/11/04/ca/alrn/measNVI

The proposed AC Transit parcel tax is unfair in many ways. Measure V V is unfair to low income homeowners, because all homeowners pay the same tax, regardless of income or home value. Low-income homeowners would pay $96 a year, while affluent renters pay nothing. At a time when people are losing their homes to

365

12/6/2012

Measure VV: Special Tax Measure- Alameda County, CA

Page 3 ofS

However, AC Transit is facing a $19 million cut in state funding and our local bus services are at risk. Without additional funding, AC Transit can no longer guarantee affordable transportation for seniors, people with disabilities, students and others who rely on these services.

foreclosure in record numbers, is it responsible to burden financially strapped homeowners with more taxes?

Measure V V is on the ballot to provide a stable source of local funding to maintain affordable public transportation for East Bay residents. Measure V V funds will be used to:

If AC Transit needs more revenue, it should increase ridership by offering needed service, rather than focusing on clogging one route (1 R) with massive noisy buses that are often empty.

• Avoid reductions in paratransit services for passengers with disabilities • Preserve daytime services that seniors use for trips to the doctor and to go shopping • Maintain services that children use to get to and from school and after school activities • Preserve bus routes that help East Bay commuters get to and from work + keeping cars off the road and reducing traffic and air pollution Measure V V will cost just $4 per month + less than the cost of one gallon of gas. This cost is deductible on state and federal taxes. An independent-citizens oversight committee will ensure that all funds are spent responsibly and only for the purposes approved by voters. All funds will stay here in the East Bay to provide safe, reliable and affordable public transportation.

Should voters who do not own property have the right to levy a 10-year tax on property owners?

AC Transit could benefit financially by providing discounted (Eco) Passes for all, a proven moneymaker for transit, and serious step to reducing greenhouse gases. The 1R line is a trial balloon for the controversial BRT (Bus Rapid Transit), with plans for major corridors in the East Bay. This parcel tax seems to be a back-door attempt to grab millions of dollars for the BRT scheme. According to AC Transit literature, BRT's main benefit is Redevelopment! The draft EIR for BRT shows no significant reduction in energy consumption or air pollution. BRT will use buses that get 3.5 miles per gallon of diesel fuel. BRT is not Green! We need safe, clean-air buses!

Help seniors and people with disabilities remain independent. Help children get to and from school. Keep cars off the road and protect the environment. Please vote Yes on V V. Sheila Jordan, Alameda County Superintendent of Schools

It is disingenuous to call this a temporary tax. It will be a tax for perpetuity. The existing AC Transit parcel tax was $48 a year for five years. Now they want $96 a year for 10 years. One can predict with certainty that if this tax is approved, AC Transit will subsequently seek to increase the tax rate again and extend the tax further into the future.

Jan Garrett, Disability Advocate VOTE NO ON MEASURE V V Marion Taylor, Vice President League of Women Voters ofthe Bay Area Wendy L. Alfsen, Chair Sierra Club San Francisco Bay Chapter Transportation Committee

http:/ /www.smartvoter.org/2008/11 /04/ca/alrn/measNVI

Merrilie Mitchell Rebuttal to Arguments Against Measure V V has broad support from respected organizations and leaders because it will preserve

366

12/6/2012

Measure VV: Special Tax Measure- Alameda County, CA

Andy Montgomery, President United Seniors of Alameda County

Page 4 of5

affordable public transportation services.

The lone opponent is upset about a specific local issue and overlooks all the important reasons to Rebuttal to Arguments For support Measure V V: Proponents fail to state that Measure V V DOUBLES the existing AC Transit Tax to $96 a year. • The cost of fuel for AC Transit buses has grown from $8 million in 2004 to over $20 Measure V V raises $14 million a year for ten years, million this year. The cost of Measure V V is far more than needed for a one-time budget shortfall. less than one gallon of gas per month. AC Transit has mismanaged its money, squandering millions on big, noisy, dangerous, diesel Van Hool buses from Belgium ("Buses from Hell," East Bay Express). Clean-air American buses could have been reimbursed 80% by the Feds via Buy American Act! Then AC Transit would not need another tax. AC Transit's diesel buses spew dust and toxic particulates, creating unhealthy environments for all in our commercial corridors. AC Transit has asked for our financial support for years. We pay, while they eliminate local buses and force big Van Hool buses, often running empty, into narrow avenues between North Oakland and Richmond. AC Transit is NOT affordable for many, at $1.75 for a short trip and 25 cents for one transfer. Measure VV won't make AC Transit more affordable.

• AC Transit buses are a lifeline that allows seniors and people with disabilities to remain independent and helps children get to and from school. Without Measure V V services will be reduced and fares will increase. • AC Transit buses reduce traffic and greenhouse gas emissions by getting cars off the road. • Measure V V requires strict accountability including an independent citizens' oversight committee and mandatory annual audits. All funds must stay local and can't be taken away by the State. • AC Transit consistently ranks as one of the best bus systems in the nation. For 4 of the last 7 years, AC Transit has been named "best of the best" bus systems in the nation. • AC Transit is an environmental leader. AC Transit has reduced pollution by developing cleaner engines and zero emissions technology.

It would be affordable and increase revenues, to reduce fares during off-peak travel. Near empty buses With high gas prices and the threat of global at $1.75 could be full with off-peak $1 fares and warming, Measure V V is more important that ever. unlimited transfers between I Oam and 3pm. The popular small DASH buses in L.A. cost 40 cents, I 0 Please vote YES vote on V V. cents for seniors! AC Transit could benefit financially by providing deeply discounted (ECO) passes for all, a proven money+maker for transit. ECO-passes can be financed by many ways including parking fees, and can greatly reduce congestion and global warming gases.

Sheila Jordan, Superintendent of Schools Alameda County Jan Garrett, Disability Advocate Marion Taylor, Vice President League of Women Voters of the Bay Area

Vote NO on Measure V V! Wendy L. Alfsen, Chair

http://www.smartvoter.org/2008/ll /04/ca/alrn/measNVI

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12/6/2012

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Measure VV: Special Tax Measure- Alameda County, CA

Merrilie Mitchell

of Sierra Club San Francisco Bay Chapter Transportation Committee Andy Montgomery, President United Seniors of Alameda County

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Created: January 24, 2009 10:30 PST Smart Voter Copyright © League of Women Voters of California Education Fund http://www.lwvc.org The League of Women Voters neither supports nor opposes candidates for public office or political parties.

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369

Report No: Meeting Date:

12-258 December 12, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO: FROM:

Finance and Audit Committee AC Transit Board of Directors David J. Armijo, General Manager

SUBJECT:

Disadvantaged Business Enterprise (DBE) Semi-Annual Payment Report

BRIEFING ITEM RECOMMENDED ACTION(S): Consider receiving the Disadvantaged Business Enterprise Semi-Annual Payment Report for the Period of April 1, 2012 through September 30, 2012 EXECUTIVE SUMMARY: DBE participation for the reporting period increased by 32 percent to 7% for all contracts as illustrated in this report. Additionally, this report shows the ethnic and gender breakout of DBE participation; Prime Contractors' DBE utilization/SLBE breakout, as well as current and future efforts to further the objectives of the District's DBE/SLBE Programs. BUDGETARY/FISCAL IMPACT: There is no budgetary or fiscal impact associated with this report.

BACKGROUND/RATIONALE: This report covers the period from April 1, 2012 through September 30, 2012.

During this

period, staff has worked diligently to improve upon the overall participation of Disadvantage Business Enterprises (DBEs). In fact, during this period DBE participation increased by 32% from 5.3% to 7%.

The following table shows total payments to DBEs; total payments to prime

contractors, and the resulting DBE participation percentage spanning the review period. Additionally, the table shows the percentage of DBE payments by ethnicity and gender. Semi-Annual DBE Payments and Percentages DBE Payments

II

Total Primes & PO Payments

$1,723,257 $23,664,492 *Includes all ethnicities

DBE%

Woman*

Asian

AfricanAmerican

Hispanic

7%

61%

21%

12%

7%

370

Report No. 12-258 Page 2 of 5 During this review period, the District contracted with a number of prime contractors that attracted significant DBE and SLBE participation. Examples ofthose contracts include: Prime Contractors (Subcontractors are bulleted)

Parsons Transportation Group, Inc.- $1,477,870 •

AGS, Inc.- $88,174



Community Design & Architecture- $101,481.76 (SLBE only- Not included as a DBE)



FMG Architects- $118,232



KC Pierce & Associates - $220,171

l- - - - -~- - - ~-a_:_c_~_:_~ -~: ~-~ -s-~l~i-~=- ~-~-~·-~ -~- -· ·- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - __

i Cambridge Systematics/Kimley-Horn Associates: $660,044

..·-----------------------------------,

I

i I

! i ! • FMG Architects $1,168 ! ~------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------! ! Jacobs Engineering $5,046 i

l- - - - -~- - -~-l-~-~-~:-~:_u_l~i:~-~-n-=i-:~.:~s- ~- ~ -~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _1 Ongoing Efforts and Outreach Staff is continuing to build upon District-wide efforts to increase exposure and improve community relations, which included the following activities: •

In October 2012 the District, pursuant to Board Policy 326, hosted a "Doing Business with AC Transit Roundtable" that targeted DBE and Small local Business Enterprise (SLBE) firms. Approximately 50 firms attended and provided valuable input in an exchange of ideas and experiences to advance the objectives of the District's DBE and SLBE Programs.



Notification to DBE and SLBE firms of bidding opportunities via the District's online vendor registration data base, Alameda County's vendor data base, as well as the California Unified Certification Program's vendor data base.



Future outreach efforts, commencing in the first quarter of 2013 will be hosted at the General Office and will focus on contracting opportunities associated with the District's BRT Project. This will be a collaborative effort with BRT staff as we strive towards creating "mini" BRT projects to foster more DBE/SLBE participation.

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Report No. 12-258 Page 3 of 5 •

Prime Contractor Monitoring & Accountability: The District has issued prime contracts with "aspirational" DBE and/or SLBE goals and obtains monthly or quarterly reports (depending upon the specific contract terms} to gauge the degrees to which prime contractors are achieving their goals. To date, all aspirational goals are being met.



The District has also served as a liaison to DBE and SLBE firms pursuant to Board Policy 326 in intervening and facilitating win-win solutions between prime and subcontractors regarding payment and other miscellaneous issues that periodically arise.

Practicality of a Disparity {Croson} Study In the past there has been discussion on how best to meet the Districts DBE goals and to ensure conformity to state and federal regulations and contracting requirements. To that end, staff has evaluated similar DBE programs in the region and offers the following analysis. Background - In the mid 1980s, the City of Richmond, VA had set a mandatory 30 percent minority business enterprise {MBE} goal in the awarding of city construction contracts, based on its findings that local, state, and national patterns of discrimination had resulted in a lack of access for minority-owned businesses. A local, non-minority contractor, J.A. Croson Co, initially sued the City of Richmond locally; subsequently the case would be settled in the U.S. Supreme Court where it was held that the City's MBE program was unconstitutional under the Equal Protection Clause. The Court found that any remedial programs, such as establishing mandatory goals, would have to empirically demonstrate discriminatory actions and its disparate impact on specific groups prior to its implementation. Since the City of Richmond v. J.A. Croson Co., and other similar court cases around the country, public agencies are now required to demonstrate statistically, i.e., a "Croson Study", that minority (and women} participation to any significant degree on public contracts can only be obtained through remedial actions, and that such programs must be narrowly tailored to address the specific groups that are or have been disparately impacted. Currently, the FTA's position is that remedial programs, i.e., mandatory contract goal setting, are a last resort and that minority and women (DBE} inclusion should be obtained through race and gender neutral means. On a local level, BART, Samtrans, and VTA have invested in Disparity Studies and as a result, BART and VTA have implemented raceconscious DBE Programs whereas Samtrans has not. Ironically, of these three transit agencies, only Samtrans is currently on track to meet its DBE goals. Advantage- Disparity studies provide agency-specific information and evidence, in accordance with current case law, to determine whether, and to what extent, remedial programs for gender or racial discrimination are appropriate, such as establishing racial & gender numerical benchmarks as a response to address specific instances of discrimination that limit the participation of minority and/or women business enterprises in District procurements. Disparity studies are also a requirement for implementation of race and gender conscious DBE programs. Disadvantage- Disparity studies can cost anywhere from $200,000 to upwards of $1,000,000, depending upon the complexity (data collection & interpretation} and length of the undertaking {BART's 2009 study took two 2 years to complete}.

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Report No. 12-258 Page 4 of 5 Implementation of Small Business Set-Asides (Federal) & Preferences (Non-Federal) Without full implementation followed by an objective assessment of race/gender means of reaching DBE participation objectives as prescribed by FTA guidelines, the time and financial investment on behalf of the District for a Disparity Study would be premature. Instead, staff recommends that the District continue the steps that have been implemented prior to and during the current reporting period, which have resulted in a 32% DBE participation increase from the previous reporting period, and supplement those efforts with additional measures as cited below: •

For federally funded contracts, establish a small business set-aside program, pursuant to 49 CFR § 26.39, and Board Policy 351 (Small and Small Local Business Procurement Policy) based upon engineering or other appropriate cost estimates made by District staffthat determine that contract values will not exceed: o $250,000 for construction contracts o $150,000 for professional services contracts o $100,000 for procurement contracts



For non-federally funded projects, provide for a small business preference of 5% of the lowest responsible bidder in construction, the procurement of goods, or the delivery of services where responsibility and quality are equal (Pursuant to CA Public Contract Code 2002(a)(1) and Board Policy 351) based upon engineer or other appropriate estimates made by District staff that determine that contract values will not exceed: o $250,000 for construction contracts o $150,000 for professional services contracts o $100,000 for procurement contracts

The aforementioned efforts have been implemented by BART, SFMTA, and the Alameda County Transportation Commission to name a few. Other DBE/SLBE Efforts Being Researched for Future Consideration by the Board of Directors •

Procurement of Ownership (District) Controlled Insurance Policies (OCIP)- BART, SFMTA and other transportation agencies have implemented this strategy, citing benefits such as greater access to prime contracts for DBE/SLBEs; more willingness of prime contractors to hire DBE/SLBE subcontractors; overall cost savings - the cost of one project policy being more cost-effective than individual contractors procuring their own insurance and transferring that cost to the owner. OCIPs may be an effective strategy to employ for BRT, although the pros and cons are still being researched.



Bonding Assistance- Procuring the services of broker to provide bonding assistance to small and DBE firms (currently implemented by BART and SFMTA). Pros and cons of such a strategy are still being researched.

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PRIOR RELEVANT BOARD ACTIONS/POLICIES: Board Policy 351- Small and Small local Business Procurement Policy Board Policy 326- Disadvantages Business Enterprise Policy

ATTACHMENTS: None.

Approved by:

David Armijo, General Manager

Reviewed by:

Ken Scheidig, Interim General Counsel

Prepared by:

Phillip McCants, Contracts Compliance Administrator

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Report No: Meeting Date:

12-314 December 12, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

AC Transit Board of Directors

FROM:

Kenneth C. Scheidig, Interim General Counsel

SUBJECT:

Actuarial Report/Retirement Plan Amendment

ACTION ITEM RECOMMENDED ACTION(S):

Consider receiving report regarding the actuarial impact upon future annual costs of proposed Amendment 12-A-17 to the AC Transit Employees' Retirement Plan; direct the District Secretary to provide public access to its contents for a period of at least two weeks from December 13, 2012 through January 2, 2013 in order for the comments to be considered at the January 9, 2013 Board of Directors meeting, at the earliest. EXECUTIVE SUMMARY:

Government Code Section 7507 requires an actuary to provide a statement of the actuarial impact upon future costs prior to authorizing changes in public retirement plan benefits or other post employment benefits. The statement must be available for public review at least two weeks prior to the meeting at which adoption of the changes in the retirement plan are considered . BUDGETARY/FISCAL IMPACT:

This cost of the report will be charged to the annual contract for actuarial services.

BACKGROUND/RATIONALE:

On September 12, 2012, Governor Brown approved AB 340 (Chap. 296, 2012 Legislative Session) which established the Public Employees' Pension Reform Act (PEPRA), effective on January 1, 2013. District staff and retirement plan counsel have drafted proposed Amendment 12-A-17 to add Article XIII, Public Employees' Pension Reform Act provisions to the AC Transit Employees' Retirement Plan to implement PEPRA. {Amendment) Before the Board can act on the Amendment the District should comply with the provisions of Government Code Sec. 7507 - requiring an actuarial impact statement and at least a two week period for publ ic review of the statement. ADVANTAGES/DISADVANTAGES:

This would provide ad ditional time to receive comments from the District' s bargaining groups, as well as the AC Transit Retirement Board.

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Report No. 12-314 Page 2 of 2 The disadvantage of not acting as recommended is a possible accusation that the District has not complied with State law (Government Code Section 7507). ALTERNATIVE ACTIONS:

This report does not recommend an action. PRIOR RELEVANT BOARD ACTIONS/POLICIES:

From time to time, the Board of Directors adopts amendments to the AC Transit Employees' Retirement Plan. Board Policy 170- Procedure for Reviewing Amendments to the Alameda-Contra Costa Transit District Retirement Plan ATTACHMENTS: 1: Copy of GC 7507

2:

Actuarial Statement (to be provided prior to Board meeting)

3:

Draft Amendment 12-A-17 to the AC Transit Employees' Pension Plan

Department Head Approval:

Kenneth C. Scheidig, Interim General Counsel

Reviewed by:

David Armijo, General Manager Thomas Prescott, Chief Performance Officer Lewis Clinton, Chief Financial Officer Kenneth C. Scheidig, Interim General Counsel

Prepared by:

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Attachment 1 (a) For the purpose of this section: (1} "Actuaryn means an actuary who is an associate or fellow of the Society of Actuaries. (2) "Future annual costs 11 includes, but is not limited to, annual dollar changes, or the total dollar changes involved when available, as well as normal cost and any change in accrued liability. (b) (1) Except as provided in paragraph (2), the Legislature and local legislative bodies, including community college district governing boards, when considering changes in retirement benefits or other postemployment benefits, shall secure the services of an actuary to provide a statement of the actuarial impact upon future annual costs, including normal cost and any additional accrued liability, before authorizing changes in public retirement plan benefits or other postemployment benefits. (2) The requirements of this subdivision do not apply to: (A) An annual increase in a premium that does not exceed 3 percent under a contract of insurance. (B) A change in postemployment benefits, other than pension benefits, mandated by the state or federal government or made by an insurance carrier in connection with the renewal of a contract of insurance. (c) (1) (A) With regard to local legislative bodies, including community college district governing boards, the future costs of changes in retirement benefits or other postemployment benefits, as determined by the actuary, shall be made public at a public meeting at least two weeks prior to the adoption of any changes in public retirement plan benefits or other postemployment benefits. If the future costs of the changes exceed one-half of 1 percent of the future annual costs, as defined in paragraph {2) of subdivision (a), of the existing benefits for the legislative body, an actuary shall be present to provide information as needed at the public meeting at which the adoption of a benefit change shall be considered. The adoption of any benefit to which this section applies shall not be placed on a consent calendar. (B) The requirements of this paragraph do not apply to: (i) An annual increase in a premium that does not exceed 3 percent under a contract of insurance. (ii) A change in postemployment benefits, other than pension benefits, mandated by the state or federal government or made by an insurance carrier in connection with the renewal of a contract of insurance. (2) With regard to the Legislature, the future costs as determined by the actuary shall be made public at the policy and fiscal committee hearings to consider the adoption of any changes in public retirement plan benefits or other postemployment benefits. The adoption of any benefit to which this section applies shall not be placed on a consent calendar. (d) Upon the adoption of any benefit change to which this section applies, the person with the responsibilities of a chief executive officer in an entity providing the benefit, however that person is denominated, shall acknowledge in writing that he or she understands the current and future cost of the benefit as determined by the actuary. For the adoption of benefit changes by the state, this person shall be the director of the Department of Personnel Administration. (e) The requirements of this section do not apply to a school district or a county office of education, which shall instead comply with requirements regarding public notice of, and future cost determination for, benefit changes that have been enacted to regulate these entities. These requirements include, but are not limited to, 7507.

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those enacted by Chapter 1213 of the Statutes of 1991 and by Chapter 52 of the Statutes of 2004. 7507.2. (a) There is hereby enacted the California Actuarial Advisory Panel. The panel shall provide impartial and independent information on pensions, other postemployment benefits, and best practices to public agencies and shall meet quarterly. (b) The responsibilities of the California Actuarial Advisory Panel shall include, but are not limited to: (1) Defining the range of actuarial model policies and best practices for public retirement plan benefits, including pensions and other postemployment benefits. {2) Developing pricing and disclosure standards for California public sector benefit improvements. (3) Developing quality control standards for California public sector actuaries. {4) Gathering model funding policies and practices. {5) Replying to policy questions from public retirement systems in California. (6) Providing comment upon request by public agencies. (c) The California Actuarial Advisory Panel shall consist of eight members. Each member shall be an actuary, as defined in Section 7507, with public sector clients. Members shall be appointed by the entities listed below, and each member shall serve a three-year term, provided that, in the initial appointments only, the panelists named by the University of California, the Senate, and one of the panelists named by the Governor shall serve two-year terms. The Governor shall appoint two panelists, and one panelist shall be appointed by each of the following, {1) The Teachers 1 Retirement Board. (2) The Board of Administration of the Public Employees 1 Retirement System. (3) The State Association of County Retirement Systems. (4) The Board of Regents of the University of California. (5) The Speaker of the Assembly. {6) The Senate Committee on Rules. {d) The California Actuarial Advisory Panel shall be located in the Controller 1 s office, which shall provide support staff to the panel. {e) The opinions of the California Actuarial Advisory Panel are nonbinding and advisory only. The opinions of the panel shall not, in any case, be used as the basis for litigation. (f) A member of the California Actuarial Advisory Panel shall receive reimbursement for expenses that shall be paid by the authority that appointed the member. (g) The California Actuarial Advisory Panel shall report to the Legislature on or before February 1 of each year.

7507.5. It is the intent of the Legislature that the Regents of the University of California provide written notice to the Legislature of any proposed changes to retirement plan benefits, employer or employee contribution rates, or actuarial assumptions affecting the University of California Retirement System, at least 60 days prior to the effective date thereof. The written notice shall be provided to the Joint Legislative Budget Committee and the fiscal subcommittees and shall consist of: (a) A description and explanation of each specific proposed change

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to the benefit structure, contribution rates, or actuarial assumptions. (b) The actuarial impact upon future annual costs of each proposed change.

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SR 12-314 Attachment 2

SR 12-314 Attachment 2: Actuarial Statement Will be provided prior to the Board meeting

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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SR 12-314 Attachment 3 DRAFT 11/27/12 AMENDMENT 12-A-17 AC TRANSIT EMPLOYEES' RETIREMENT PLAN

The AC Transit Employees' Retirement Plan (the "Plan") hereby is amended by adding a new Article XIII as set forth below. Capitalized terms not defined in this amendment have the same definitions as in the Plan.

ARTICLE XIII PUBLIC EMPLOYEES' PENSION REFORM ACT

13.1

Construction.

(a) Effective Date. Unless otherwise specified below, this Article XIII is effective January 1, 2013, for Participants who are members of the bargaining unit represented by ATU, and July 1, 2012, for all other Participants ("Effective Date"). (b) Application and Interpretation. As of the applicable Effective Date, this Article XIII takes precedence over any conflicting provision of the Plan. To the extent unchanged by this Article, the remaining provisions of the Plan remain in full force and effect. Article XIII will be interpreted and administered in accordance with the applicable requirements of the California Public Employees' Pension Reform Act of 2013, which are codified in Article 4, Chapter 21 of Division 7 of Title 1 of the California Government Code, as amended from time to time ("PEPRA"). (c) Authority to Amend. The District reserves the right to retroactively modify this Article XIII to reflect the terms any 2012 memorandum of understanding ("MOU") or 2012 resolution of the District's Board of Directors ("District Board") affecting the benefits of Participants who are Non-Represented Employees or members of the bargaining units represented by IBEW or AFSCME. 13.2 Provisions Applicable to All Participants. This Section 13.2 applies to every Participant, regardless of when his or her participation in the Plan begins. (a) No Retroactive Benefit Enhancements. Any enhancement to a Participant's Benefit that is adopted on or after January 1, 2013, or that results from a change to the Participant's classification or employment on or after that date, will apply only to Years of Service performed on or after the operative date (as defined in section 7522.44 of the California Government Code) of the enhancement, and will not be applied to any Years of Service performed prior to the operative date of the enhancement. (b) Purchases of Nongualified Service Credit Prohibited. The purchase of nonqualified service credit, as defined by section 415(n)(3)(C) of the Internal Revenue Code, is not permitted.

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(c) Reinstatement of Retired Participants. Except as provided under Section 13.2(d), if a retired Participant who is receiving a Benefit is employed by, or provides services to, the District, he or she will be subject to reinstatement. For this purpose, "reinstatement" means that payment of the Participant's Benefit will cease, and the Participant will resume participation in the Plan in accordance with Article II. This Section 13.2(c) applies only to retired Participants whose employment begins on after January 1, 2013. With regard to any retired Participant whose employment begins at any time from July 1, 2012 through December 31, 2012, the District may, by written agreement between the District and the retired Participant, exclude him or her from actively participating in the Plan during any part of the employment period, regardless of its duration, but only if he or she is a Non-Represented Employee. (d) Exception to Reinstatement. A retired Participant will not be subject to reinstatement under Section 13.2(c) if the following conditions are satisfied: (1) The District Board appoints the Participant either during an emergency to prevent stoppage of public business or because he or she has skills needed to perform work of a limited duration. (2)

The appointment does not exceed a total of 960 hours in a Plan

Year. (3) The rate of pay for the appointment is neither less than the minimum nor more than the maximum paid by the District to other Employees performing comparable duties, divided by 173.333 to equal an hourly rate. (4) The Participant does not earn any benefit under the Plan during the appointment. (5) Upon accepting the appointment, the Participant certifies in writing that he or she did not, during the 12 months preceding the appointment, receive any unemployment-insurance compensation arising out of the Participant's prior employment with the District. If the Participant accepts the appointment after receiving that type of compensation, the District must terminate the Participant's employment or service on the last day of the current pay period; and, this Section 13.2(c) will not apply to the Participant for 12 months after the termination date. (6) The appointment may not begin during the 180-day period after the Participant's retirement under the Plan, unless (A) the District certifies the nature of the employment or service and that the appointment is necessary to fill a critically needed position before 180 days has passed, (B) the District Board approves the appointment at a public meeting (the appointment may not be placed on a consent calendar), and (C) the Participant did not receive a retirement incentive at retirement. (e) Felony Convictions. If a Participant who is subject to sections 7522.70, 7522.72 or 7522.74 of the California Government Code is convicted of a felony described in the applicable section or sections, he or she will forfeit his or her accrued rights and benefits, and will not accrue further benefits, in the Plan to the ex1ent provided in the applicable section or sections. This subsection will be interpreted and administered in accordance with the requirements of Sections 7522.70, 7522.72 and 2 4840992.3

385

7522.74 of the California Government Code, including, but not limited to, any applicable rules governing return of Participant contributions, notice, and reversal of conviction, which requirements are herein incorporated by this reference. 13.3 Provisions Applicable to New Participants. This Section 13.3 applies only to a person who becomes a Participant on or after the applicable Effective Date. (a) Definition of Compensation. For purposes of determining the Participant's Benefit, "Compensation" means the normal monthly rate of pay or base pay of the Participant paid by the District in cash to similarly situated Employees of the same group or class of employment for services rendered on a full-time basis during normal working hours, pursuant to publicly available pay schedules. Deferred amounts will be included in Compensation when earned rather than when paid. The following amounts are excluded from Compensation: (1) Any amount that the Board determines has been paid to increase the Participant's Benefit. (2) Any amount that is (A) paid in kind to the Participant, or was paid directly to a third-party (other than the Plan) for the Participant's benefit, and (B) subsequently converted to and received by the Participant in cash. (3)

Any one-time or ad hoc payments to the Participant.

(4) Severance or any other payment that is granted or awarded to the Participant in connection with, or in anticipation of, a separation from employment, but is received by the Participant while employed. (5) Any payments for unused vacation, annual leave, personal leave, sick leave, or compensatory time off, however denominated. (6) Any payments for additional services rendered outside of normal working hours. (7) Any employer-provided allowance, reimbursement, or payment, including, but not limited to, one made for housing, vehicle, or uniforms. (8) Compensation for overtime work, other than as defined in Section 207(k) of Title 29 of the United States Code. (9) District contributions to deferred compensation or defined contribution plans. (1 0) 13.3(a).

Any bonus paid in addition to the amounts described in Section

(11) Any other form of compensation that the Board determines is inconsistent with the requirements of Section 13.3(a). (12) Any other form of compensation that the Board determines should not be included in Compensation.

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(13) For each calendar year, any amount in excess of $113,700, the contribution and benefit base specified in section 430(b) of Title 42 of the United States Code on January 1, 2013. The Board will adjust the annual Compensation limit described in the preceding sentence after each annual actuarial valuation of the Plan based on changes to the Consumer Price Index for All Urban Consumers. The adjustment will be effective on the January 1 following each such annual valuation. (b) Definition of Monthly Average Earnings. For purposes of determining the Participant's Benefit, "Monthly Average Earnings" means the highest average annual Compensation earned by the Participant during a period of at least 60 consecutive months (36 consecutive months, in the case of an Eligible Age Employee) immediately preceding his or her Retirement, or during any other period of at least 60 consecutive months (36 consecutive months, in the case of an Eligible Age Employee) during the Participant's applicable service that the Participant designates on the application for retirement. (c)

Participant Contributions.

(1) Each Participant must contribute at least 50% of the normal cost of the Plan. The initial contribution rate will equal at least the greater of (i) 50% of the normal cost rate of the Plan, rounded to the nearest quarter of 1%, or (ii) the current contribution rate of similarly situated Employees. The District may not pay any portion of this contribution for any Participant. (2) Once established, the Participant contribution rate will be adjusted to reflect a change in the normal cost rate, but only if the normal cost rate increases by more than 1% of payroll above or below the normal cost rate in effect on the later of: (i) the date the Participant contribution rate is first established, or (ii) the date of the last adjustment to the Participant contribution rate under this paragraph. For purposes of this paragraph, the term "normal cost rate" means the annual actuarially determined normal cost for the Plan expressed as a percentage of payroll. (3) The Participant contribution rate may be more than 50% of the normal cost rate, but only if the requirements of section 7522.30(e) of the Government Code are satisfied. (4) To the extent the preceding provisions of this Section 13.3(c) would impair the terms of any contract or MOU in effect on January 1, 2013, between the District and its Employees, those provisions will not apply to the Employees covered by that contract or MOU until the earlier of (i) the contract's or MOU's expiration, or (ii) the renewal, amendment, or other extension of the contract or MOU. (5) All Participant contributions will be collected by deducting the amounts thereof from the Compensation due to the Participant from the District. (6) If a Participant's District employment terminates before Retirement, the Participant's total contributions will be returned to the Participant by the Plan. The terms and conditions upon which a Participant, whose

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employment is terminated for reasons other than death or Retirement, may elect to leave his or her Participant contributions in the Plan, and the Participant's corresponding Benefit upon Retirement, will be subject to negotiations or further District Board action as appropriate. (d)

Service Retirement Allowance.

(1) Each Participant who has (1) completed at least five Years of Service, (2) reached age 52, (3) terminated service as an Employee, and (4) completed and submitted an application for benefits, at the time and manner determined by the Board, may retire for service and receive a Service Retirement Benefit. (2) The Service Retirement Benefit payable to a Participant upon meeting the requirements in Section 13.3(d) will equal the percentage of the Participant's Monthly Average Earnings, as determined in accordance with the following schedule based on the Participant's age at retirement, taken to the preceding quarter year, multiplied by the Participant's Years of Service. Age at Retirement 52 52Y. 52% 52% 53 53Y. 53% 53% 54 54Y. 54% 54% 55 55Y. 55% 55% 56 56Y. 56% 56% 57 57Y. 57% 57% 58 58Y. 58%

Percentage 1.000% 1.025% 1.050% 1.075% 1.100% 1.125% 1.150% 1.175% 1.200% 1.225% 1.250% 1.275% 1.300% 1.325% 1.350% 1.375% 1.400% 1.425% 1.450% 1.475% 1.500% 1.525% 1.550% 1.575% 1.600% 1.625% 1.650% 5 4840992.3

388

Percentage 1.675% 1.700% 1.725% 1.750% 1.775% 1.800% 1.825% 1.850% 1.875% 1.900% 1.925% 1.950% 1.975% 2.000% 2.025% 2.050% 2.075% 2.100% 2.125% 2.150% 2.175% 2.200% 2.225% 2.250% 2.275% 2.300% 2.325% 2.350% 2.375% 2.400% 2.425% 2.450% 2.475% 2.500%

Age at Retirement 58% 59 59Y. 59% 59% 60 60Y. 60% 60% 61 61Y. 61% 61% 62 62Y. 62% 62% 63 63Y. 63% 63% 64 64Y. 64% 64% 65 65Y. 65% 65% 66 66Y. 66% 66% 67 13.4

Funding.

(a) In any Plan Year, the District's contribution to the Plan, in combination with Participant contributions to the Plan, may not be less than the normal cost rate, as defined in Section 13.3(c)(2). (b)

The Board may suspend contributions only when all of the following

occur:

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(1) The Plan is funded by more than 120%, based on the computation by the Plan's actuary in accordance with the Governmental Accounting Standards Board requirements that is included in the annual valuation.

(2) The Plan's actuary determines, based on the annual valuation, that continuing to accrue excess earnings could result in disqualification of the Plan's tax exempt status under the Code. (3) The Board determines that the receipt of any additional contributions required by this section would conflict with its fiduciary responsibility set forth in Section 17 of Article XVI of the California Constitution.

IN WITNESS WHEREOF, the Plan is hereby amended as set forth above on this_ day of _ _ _ _ _ , 2012.

By: _ _ _ _ _ _ _ _ _ __ Its:

-------------------------

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Report No: Meeting Date:

12-315 December 12, 2012

Alameda-Contra Costa Transit District

STAFF REPORT TO:

AC Transit Board of Directors

FROM:

linda A. Nemeroff, District Secretary

SUBJECT:

Request For Proposals (RFP) for Executive Search Services

ACTION ITEM RECOMMENDED ACTION(S):

Consider authorizing the issuance of a Request for Proposals (RFP) for executive search services associated with the recruitment of a General Counsel, approve the evaluation criteria for scoring the proposals, and approve the necessary budgetary adjustments to the Board of Directors' FY 2012-13 budget. EXECUTIVE SUMMARY:

The Board of Directors is seeking to permanently fill the position for General Counsel. To assist in this effort, the Board wishes to consider whether to initiate a Request for Proposal (RFP) to solicit proposals from qualified executive search firms interested in serving as consultant to the Board in the recruitment and hiring for the General Counsel of the District. This report provides also makes suggestions as to the evaluation criteria that would be used to score the proposals. BUDGETARY/FISCAL IMPACT:

Estimated cost of $30,000. BACKGROUND/RATIONALE:

At the November 14, 2012 Board of Directors meeting, Director Harper requested that the Board consider the issuance of an RFP for executive search services associated with the recruitment of a permanent general counsel. A Draft Scope of Services is attached for the Board's review and consideration. In addition, the Board needs to consider what evaluation criteria will be used in scoring the proposals. Proposals associated with the previous RFP in 2011 were scored based on the following evaluation criteria : 30% Technical, 30% Past Performance, and 30% Cost. During the last solicitation process, the scoring of Past Performance proved problematic and created a delay in moving the process forward because past performance references needed to be contacted individually and the committee received little or no useful information. Should the Board decide to use the same evaluation criteria, it is recommended that the Board consider substituting some other type of evaluation criteria for Past Performance such as "Method of Approach to Proposed Scope of Work" or the "Experience or Expertise of the Designated Personnel". 392

Report No. 12-315 Page 2 of 2 ADVANTAGES/DISADVANTAGES: The issuance of a RFP for a professional executive search firm can be very advantageous to the Board in terms of broadening the scope of a search and access to top candidates. In addition, an executive search firm can tailor the recruitment to the Board's needs and timeline and provide support throughout every aspect of the recruitment process. The only real disadvantages of the approach recommended in this report are 1) the amount of time required to secure the services, and 2) cost (potentially). ALTERNATIVE ACTIONS: Other alternatives that may be explored further are as follows: 1) Conduct the recruitment using existing in-house resources. While this may seem to be a viable option, it could prolong the recruitment effort due to the Human Resource Department's existing workload. 2) Utilize the services of the firm hired to conduct the search for the prior General Counsel. The District's contract with Alliance Resource Consulting provides a one-year guarantee on the prior recruitment which will expire on December 19, 2012. Under the guarantee, the firm would conduct a new recruitment and waive all of the administrative fees associated with the recruitment with the exception of miscellaneous fees. PRIOR RELEVANT BOARD ACTIONS/POLICIES: Board Policy 350- Procurement Policy GC Memo No. 11-035: RFP for Executive Search Services to Recruit Candidates for the General Manager and General Counsel Positions. ATTACHMENTS: 1:

Scope of Services- Executive Search Firm RFP

Approved by:

David J. Armijo, General Manager

Reviewed by:

Kenneth C. Scheidig, Interim General Counsel Lewis Clinton, Chief Financial Officer Tom Prescott, Chief Performance Officer Linda A. Nemeroff, District Secretary

Prepared by:

393

Report 12-315 Attachment 1

DRAFT SCOPE OF SERVICES Executive Search Firm RFP

1.

PURPOSE The Alameda-Contra Costa Transit District (AC Transit or District) is initiating a Request for Proposal (RFP) process to solicit proposals from qualified executive search firms interested in serving as Consultant to the AC Transit Board of Directors in the recruitment and hiring for the General Counsel of the District.

2.

BACKGROUND- AC TRANSIT AC Transit is a special transit district created by the State of California in legislation passed in 1955. (Public Utilities Code Section 24501, et. seq.) AC Transit was the successor to a private transit company known as the Key System which began operations at the end ofthe nineteenth century. The District began operating in 1960 and celebrated its 50th anniversary in 2010. It is one of the largest bus only public transit agencies in California and the United States, serving over 69 million passengers a year throughout a 360-square mile region. It has been recognized as a national leader in the transit industry, repeatedly capturing the American Public Transit Association's "Best of the Best" award for excellence in operations and mechanics. AC Transit is unique in that it is one of only three transit agencies in the country governed by a directly elected Board of Directors. The Board of Directors consists of seven members, each serving a four-year term. Two directors serve the District at-large, and five directors represent individual wards that encompass portions of the District. Three Board Officers report directly to the Board of Directors: the General Manager, the General Counsel and the District Secretary all of whom serve at the pleasure of the Board. AC Transit employs approximately 1850 employees, most of which are represented by one of three unions- ATU Local 192, AFSCME Local 3916 and IBEW Locai124S. ATU is the oldest (over 100 years old) and largest ofthe three unions with more than 1500 members.

3.

SPECIFIC RESPONSIBILITIES OF THE CONSULTANT a. Develop an understanding of AC Transit's history, organizational structure, responsibilities and requirements. b. Support and assist the Board of Directors and the Search Committee throughout all phases ofthe search and selection process. c. Survey Board Officers and the staff in the legal department to gain perspective as to the role, responsibilities, qualities and characteristics ofthe general counsel. d. Meet individually and collectively with the directors to understand what each director and the Board desire in a General Counsel.

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e. Develop position announcement/brochures, including mailing to prospective candidates. f. Arrange and execute the placement of advertisements for the position, including relevant legal and transit publications, both regional and statewide. g. Provide recruiting schedule, activities and process to seek out candidates who meet the Board's identified qualities for General Counsel as well as regular progress reports. h. Pre-screen candidates by providing a summary of any controversial and/or favorable newspaper/internet articles. i. Attend, as necessary, any closed sessions of the Board of Directors for the discussion of potential candidates; narrowing the number of candidates; interviews of candidates; and assist the Board in framing penetrating questions for the candidates selected for interview. j. Conduct in-depth reference and background checks of finalist candidates. k. Provide regional and statewide salary comparisons for similar positions in transit and other public entities. I. Assist and provide guidance to the Board of Directors with the final selection and negotiations with the selected candidate as directed by the Board. m. Disclosure of personal relationships between candidates and recruiter. n. Payment for services rendered upon completion of critical milestones.

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AGENDA PLANNING/ STANDING COMMITTEE PENDING LISTS

AC TRANSIT BOARD OF DIRECTORS

EXT~RNALAFFAIRS COMMilTEE

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January • Report on the use of cameras in head signs to assist with parking enforcement at bus stops pending the results of the MUNI study (Transit lane Enforcement Pilot Project) due in March 2011. [Requested by Director Peeples- 11/18/09; Referred from Planning 4/28/10) • Review the state legislation that would be necessary to enable AC Transit to police bus stops through the use of cameras on buses. [Requested by Director Harper- 2/22/12) Monthly • legislative Report [Updates on State, Federal, Regional and local legislation, including Measure Band the APTA Reauthorization process for T-4]. Annual • State/Federal Advocacy Program Pending Not Scheduled • Status report on the Oral History Project. [Request from Director 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]. • Planning staff provide comments and recommendations pertaining to California Environmental Quality Act (CEQA) Reform. [Requested by Director Peeples- 10/24/12] • Submission of request to hold a future California Transit Association conference in Oakland. [Requested by Director Williams -11/14/12]

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FINANCE AND AUDIT COMMITTEE January • Review of Board Policy 138 - Health and Welfare Benefits for Retired Elected Officials. [Requested by Director Young- 9/19/12] June • 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 policies of the California Public Utilities Commission pertaining to ex parte situations. [Requested by Director Peeples- 9/5/12] Monthly • Report on Investments • Fiscal Policies (Review one per month) Quarterly Reports !Nov. Feb. May. Aug) • Board/Officer Travel/Meeting Expense • Employee Out-of-State Travel • Surplus/Obsolete Materials Agenda Planning December 12, 2012

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AGENDA PLANNING/ STANDING COMMITTEE PENDING LISTS

AC TRANSIT BOARD OF DIRECTORS

Finance and Audit, Cont. • •

Financial Performance/Quarterly Budget Update Update on DBE Goal

Semi Annual Reports • DBE/FTA Report (May/Nov) Annual Reports • Appropriations limit (June) • Audit Engagement letter (June) • Budget Calendar (Biennial) • Externally Funded Welfare to Work (Nov) • Parcel Tax Oversight Committee (Dec to Board) • Year-End Audited Financial Statements (Nov)

OPERATIONS COMMITTEE January • Report on policy recommendations pertaining to baby strollers (formerly Board Policy 408) [Requested by Director Wallace- 6/13/12] • Discussion regarding the 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 policies of the California Public Utilities Commission pertaining to ex parte situations. [Requested by Director Peeples- 9/5/12] February • Development of a civil infraction process for fare evasion pursuant to AB 492 (Galgani). [Requested by Director Peeples- 10/24/12] • Request that the next quarterly operations performance report include a break down of calls and complaints by ward. [Requested by Director Wallace 9/5/12] March • Review ofthe District's policy on service animals. [Requested by Director Wallace -11/14/12] Quarterly Reports (Nov. Feb, May, Aug) • Operations Performance Report (Combination of On-Time Performance and Service Cancellations and Outlates Reports) Semi Annual Reports (Jan/Junl • Environmental Sustainability Plan and Progress Report on Climate Action Plan Implementation. • Outreach efforts for the transition to Clipper. [Requested by Director Young- 7/8/09] • Customer Service Call Center.

Agenda Planning December 12, 2012

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AGENDA PLANNING/ STANDING COMMITTEE PENDING LISTS

AC TRANSIT BOARD OF DIRECTORS

Operations Committee, Cont. Pending Not Scheduled

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Report on whether we can keep the existing NABI high floor buses and get rid of the 4000 and 7000 NAB I low floor buses. [Requested by Director Peeples- 9/1/10] Report on what additional security measures can be taken at Board meetings to ensure that everyone is in a safe environment. [Requested by Director Young -1/12/11) Report on the procedure operators use when handling a slip and fall incident on a bus and whether courtesy cards can include an option which allows riders to waive their right to sue the District. [Requested by Director Harper-1/17/11.) Request for staff investigate reports that bus stops are being painted over with grey paint and provide a report on whether there is a cost effective way to determine if these incidents were isolated or more frequent occurrences and what could be done. [Requested by Director Peeples- 7/9/11) Report on the savings associated with the October service cuts. [Requested by Director Harper 2/23/11) 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}. Report on emergency preparedness and business continuity, including preparation for the Major MTC Drill in 2013 and whether all road supervisors and division superintendents should be required to take NIMS 100 and 200 training. [Requested by Director Peeples -7/13/11) Report on a report on a District-wide calendaring system to track contracts, license renewals, etc. [Requested by Director Peeples- 4/25/12) Development of a policy on exit interviews and to what extent the reporting of the interviews should be different if the employee exiting reports directly to a Board Officer. [Requested by Director Peeples- 11/14/12)

PLANNING COMMITTEE February

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Report in the next 9 months on AC Transit's attitude toward shuttles. [Requested by Director Harper5/9/12) Forward to Board Retreat Report regarding discussions about BRT on MacArthur [Requested by Director Peeples- 6/27 /12]

Quarterly Reports (Nov. Feb. May. Aug)

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Bus Rapid Transit Project MTC Sustainability Process Transbay Transit Center Project Update on District Involvement in External Planning Processes. ·:· Lake Merritt Area Plan [Requested by Director Peeples- 3/9/11) •:• Oak to 9th Street project and details of the commitments made by and to Signature Properties [Requested by Director Peeples- 3/25/06)

Agenda Planning December 12, 2012

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AGENDA PLANNING/ STANDING COMMITTEE PENDING LISTS

AC TRANSIT BOARD OF DIRECTORS

Planning Committee, Cont. Annual Reports • Update on CARB (Jun} • Update on Service and Operations Special District 2 (Oct} Pending Not Scheduled • Report on supplemental service guidelines. [Requested by Director Young -10/14/09] • Update of the Designing with Transit document which is to include the development of bus shelter design standards. [Requested by Director Peeples -10/27/10] • Review Board Policy 163 with respect to environmental issues. (Board Policy 512} [Requested by Director Peeples] • Amendments to Board Policy 550 - Service Standards and Design. [Requested by the Board 12/17/08] •:• Development of a policy to officially require regular ridership surveys every four or five years. [Requested by Director Peeples- 6/24/09] • 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 Director Peeples- 11/16/11] • Report on transit signal priority associated with the Bus Rapid Transit Project [Requested by Director Harper- 5/9/12] Pending Not Scheduled !Parked Items] • Follow-up report regarding staff's investigation of alternative Traffic Signal Priority (TSP} Systems. [Requested by Director Harper- 9/30/09] • Update on the use of freeway shoulders as bus lanes. Staff to monitor the San Diego study and identify potential areas for use locally. [Requested by Committee -7/25/07] 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 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 Director Peeples- 5/28/08] • Report on how to better serve lower density diffuse communities and increase the use of public/private shuttles, including: ·:· General Purpose Demand Rapid Transit [Requested by Vice President Davis -1/28/09] ·:· Trends regarding the use of private shuttles, carpools, van pools and taxis to serve the public and how it has changed over time [Requested by Vice President Davis- 2/9/11]

Agenda Planning December 12, 2012

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