BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
AGENDA
Regular Meetings of the Board of Directors and the External Affairs and Finance and Audit Committees AC Transit General Offices 2nd Floor Board Room 1600 Franklin Street Oakland, CA 94612
Wednesday, September 24, 2014, at 5:00 p.m. Closed Session: 3:30 p.m. (Items 9A-9F)
Committee meetings will commence when the Board of Directors recesses to a Committee of the Whole
MEMBERS OF THE BOARD OF DIRECTORS GREG HARPER, PRESIDENT (WARD 2) JOE WALLACE, VICE PRESIDENT (WARD 1) ELSA ORTIZ (WARD 3) MARK WILLIAMS (WARD 4) JEFF DAVIS (WARD 5) JOEL YOUNG (AT-LARGE) H. E. CHRISTIAN PEEPLES (AT-LARGE) BOARD OFFICERS DAVID J. ARMIJO, GENERAL MANAGER DENISE C. STANDRIDGE, INTERIM GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY STANDING COMMITTEES MEETING DAYS* nd Planning Committee 2 Wednesday nd Operations Committee 2 Wednesday th External Affairs Committee 4 Wednesday th Finance and Audit Committee 4 Wednesday * All Standing Committees are held in conjunction with the regular Board of Directors meeting, To access live and archived audio of Board of Directors and Standing Committee meetings as well as agendas, staff reports, and the schedule of future meetings please visit www.actransit.org and click on “Board Meetings”. Dial (510) 891-7200 to access agendas by telephone. For questions, contact the District Secretary’s Office at (510) 891-7201. Alameda-Contra Costa Transit District
September 24, 2014 1
Page 1 of 6
MEETING PROCEDURES Public Comment: Members of the public wishing to present comments should complete a Speaker’s Form and submit it to the District Secretary. For subjects not listed on this agenda, the public will be invited to speak under the "PUBLIC COMMENTS" section of the agenda. For specific agenda item(s), speakers will be invited to address the Board/Standing Committee(s) at the time the item is being considered. All speakers are allowed two (2) minutes to present comments. Individuals wishing to present more detailed information are encouraged to submit comments in writing. Written comments are included in the record for meeting(s), and as such, are available for public inspection and may be posted to the District’s website. Electronic Devices: All electronic devices (cell phones, pagers and similar-sounding devices) shall be placed on mute, vibrate or silent mode during Board and Committee meetings pursuant to District Ordinance No. 12. Time of Meetings: Times included on this agenda for commencement of Standing Committee meetings are estimates only. Committee meetings will commence when the Board of Directors recesses to a Committee of the Whole. Order of Agenda Items: The Board or Standing Committee(s) may discuss any item listed on this agenda and in any order. Agenda Planning: The Agenda Planning portion of the agenda is designed to assist the Board and staff in the preparation of future Board and Committee agendas. Each item requested shall have the concurrence of at least two Directors in order to place a proposed agenda item on a future agenda. LIVE AUDIO STREAMING OF BOARD AND COMMITTEE MEETINGS Live audio streaming and an archive of previously recorded meetings is available on the District’s website at www.actransit.org. For technological reasons, recordings of meetings held outside of the Board Room cannot be streamed to the web. AVAILABILITY OF AGENDA RELATED MATERIALS Written agenda related materials for all open session regular meetings are available to the public 72 hours prior to the meeting or at the time the materials are distributed to a majority of the Board. Written materials presented at a meeting by staff or a member of the Board will be available to the public at that time, or after the meeting if supplied by an outside party. Agenda related materials are available on the District’s website or by contacting the District Secretary’s Office. ACCESSIBLE PUBLIC MEETINGS Meetings of the Board of Directors are accessible to individuals in wheelchairs. The Board Room is equipped with Assistive Listening Devices for individuals with a hearing impairment. Written materials in appropriate alternative formats, disability-related modification/accommodation as well as sign language and foreign language interpreters must be made 72 hours in advance of the meeting or hearing to help ensure availability. Please direct requests for disability related modification or accommodation and/or interpreter services to Linda A. Nemeroff, District Secretary, 1600 Franklin Street, Oakland, California, 94612 or call (510) 891-7201. AC Transit’s General Offices are generally served by bus lines 1, 11, 12, 51A, 72, 72M. The nearest accessible bus th service is provided at the intersection of Broadway and 17 Street in Oakland. The nearest accessible BART station th is the 19 Street Station in Oakland. District Ordinance No. 13 prohibits bringing non-service animals to District facilities unless specifically authorized by federal or state law. To accommodate individuals with severe allergies and environmental illnesses, meeting participants should refrain from wearing scented products to the meeting.
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BOARD OF DIRECTORS MEETING – Greg Harper, President Wednesday, September 24, 2014, at 5:00 p.m. 1.
ROLL CALL
2.
PRESENTATION Report on the Telegraph Avenue Complete Streets Implementation Plan [Requested by Director Peeples – 5/14/14] (Report 14-230).
3.
GENERAL MANAGER’S REPORT
4.
PUBLIC COMMENT
5.
CONSENT CALENDAR
Staff Contact or Presenter
Dennis Butler 891-4798 Iris Starr, City of Oakland David Armijo
Any person may directly address the Board at this time on any items of interest to the public that is within the subject matter and jurisdiction of the Board. Speakers wishing to address a specific agenda item will be invited to address the Board at the time the item is being considered. Two (2) minutes are allowed for each item.
Items listed under the Consent Calendar are considered to be routine and may be enacted by one motion/one vote. If discussion is desired, an item may be removed from the Consent Calendar and will be considered individually.
5A. Consider approving Board of Directors and Standing Committee minutes of June 11, 2014.
Linda Nemeroff 891-7284
5B. Consider approving Board of Directors and Standing Committee minutes of September 10, 2014.
Linda Nemeroff 891-7284
5C. Consider receiving Accessibility Advisory Committee minutes of June 10, 2014 (Report 14-181).
Dennis Butler 891-4798
6.
REGULAR CALENDAR
6A. Consider approving AC Transit’s 2014 Title VI Program, including the Language Assistance Plan and Public Participation Plan (Report 13305e).
Dennis Butler 891-4798
6B. Consider approving the selection of the British Aerospace Engineering (BAE) series hybrid drive system for installation on twenty-five of the urban transit buses currently under contract with Gillig for production in early 2016 (Report 14-091a).
James Pachan 891-7215
6C. Consider approving the Board Room modernization design (Report 14243).
Dennis Butler 891-4798
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6D. Confirm the appointment of the Interim Chief Financial Officer and the Internal Audit Manager as Employer Trustees to the ATU Local 192 Retiree Medical Trust Board of Trustees (Report 14-241).
Linda Nemeroff 891-7284
6E. Consider approving the draft agenda for the October 29, 2014, Board of Directors/Board Officers Retreat (Report 14-228).
Linda Nemeroff 891-7284
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. A.
EXTERNAL AFFAIRS COMMITTEE – Elsa Ortiz, Chairperson Held immediately following the Board Meeting recess.
Staff Contact or Presenter(s)
Public Comment (for items not on the agenda) Briefing/Action Items: A-1.
Consider recommending receipt of the Monthly Legislative Report and approval of legislative positions (Report 14-231).
Dennis Butler 891-4798
A-2.
Consider recommending approval to issue a Request for Proposals for State Advocacy Services (Report 14-268).
Dennis Butler 891-4798
B.
FINANCE AND AUDIT COMMITTEE – Jeff Davis, Chairperson Held immediately following the External Affairs Committee meeting.
Staff Contact or Presenter(s)
Public Comment (for items not on the agenda) Consent Items: B-1.
Consider recommending receipt of the Monthly Report on Investments for July 2014 (Report 14-234).
James Pachan 891-7215
B-2.
Consider recommending that the General Manager, or his designee, be authorized to file and execute an application for the Alameda County Transportation Commission’s FY 2014-15 Transportation Fund for Clean Air Program for the East Bay Bus Rapid Transit Project (Report 14117a).
James Pachan 891-7215
B-3.
Consider review of Board Policy 334 – Internal Audit Department Purpose, with no recommended amendments (Report 14-101).
Alan Parello 891-7203
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Briefing/Action Items: B-4.
Consider recommending receipt of the Monthly Budget Update for June 2014 (Report 14-212).
B-5.
Consider recommending adoption of Resolution No. 14-050 authorizing the General Manager, or his designee, to execute a funding agreement with the Metropolitan Transportation Commission to support the San Francisco Bay Area Core Capacity Transit Study (Report 14-250).
James Pachan 891-7215
RECONVENE BOARD OF DIRECTORS MEETING – Greg Harper, President
Staff Contact or Presenter(s)
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.
A. EXTERNAL AFFAIRS COMMITTEE: A-1. Consider receipt of the Monthly Legislative Report and approval of legislative positions (Report 14-231). A-2. Consider approving the issuance of a Request for Proposals for State Advocacy Services (Report 14-268). B. FINANCE AND AUDIT COMMITTEE: B-1. Consider receipt of the Monthly Report on Investments for July 2014 (Report 14-234). B-2. Consider authorizing the General Manager, or his designee, to file and execute an application for the Alameda County Transportation Commission’s FY 2014-15 Transportation Fund for Clean Air program for the East Bay Bus Rapid Transit Project (Report 14-117a). B-3. Consider review of Board Policy 334 – Internal Audit Department Purpose, with no amendments (Report 14-101). B-4. Consider receiving the Monthly Budget Update for June 2014 (Report 14-212). B-5. Consider adoption of Resolution No. 14-050 authorizing the General Manager, or his designee, to execute a funding agreement with the Metropolitan Transportation Commission to support the San Francisco Bay Area Core Capacity Transit Study (Report 14-250). 8.
CONSENT CALENDAR ADDENDA
9.
CLOSED SESSION/REPORT OUT
James Pachan 891-7215
Linda Nemeroff 891-7284
Dennis Butler 891-4798 Dennis Butler 891-4798
James Pachan 891-7215 James Pachan 891-7215
Alan Parello 891-7203 James Pachan 891-7215 James Pachan 891-7215
The Board is requested to authorize as recommended from the committee meetings above. Denise Standridge
The items for consideration are listed below and will be reported on by the General Counsel as necessary at the end of the meeting.
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9A. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9 (a))
Ladonna Flanagan v. AC Transit, WCAB Case No. ADJ7669372
9B. Conference with Legal Counsel – Potential Litigation (Government Code Section 54956.9(b)) (Two Cases)
9C. Conference with Labor Negotiators
(Government Code Section 54957.6): Agency Designated Representative: David J. Armijo, General Manager Employee Organizations: ATU Local 192, AFSCME Local 3916, IBEW Local 1245, Unrepresented Employees
9D. Public Employee Performance Evaluation
(Government Code Section 54957) Title: General Manager, Interim General Counsel, District Secretary
9E. Conference with Labor Negotiators – Board Officers
(Government Code Section 54957.6): Agency Designated Representative: Greg Harper, Board President Title: General Manager, General Counsel, District Secretary
9F. Public Employee Appointment (Government Code Section 54957): Title: General Counsel
10.
AGENDA PLANNING
11.
BOARD/STAFF COMMENTS
12.
ADJOURNMENT Next Meeting: October 8, 2014, at 5:00 p.m.
(Government Code Section 54954.2)
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PRESENTATION
September 24, 2014 Report on the Telegraph Avenue Complete Streets Implementation Plan
7
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Report No: Meeting Date:
14-230 October 8, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Board of Directors AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Telegraph Avenue Complete Streets Implementation Plan
BRIEFING ITEM RECOMMENDED ACTION: Consider receiving a report on the Telegraph Avenue Complete Streets Implementation Plan . EXECUTIVE SUMMARY: The Telegraph Avenue Complete Streets Implementation Plan is an effort by the City of Oakland to introduce bicycle infrastructure and enhance pedestrian infrastructure on the Telegraph Avenue corridor between 20th Street and sih Street. The City of Oakland is managing the study in collaboration with the Alameda County Transportation Commission (ACTC). Staff has identified the following key issues: a proposed reduction in travel lanes, potential negative impacts to travel time and reliability and additional challenges for a future transformation from local service to upgraded rapid service on the Telegraph Avenue corridor. The Telegraph Avenue Complete Streets Implementation Plan study is being presented to the Board at this time for feedback, which will help shape the final proposa l. BUDGETARY/FISCAL IMPACT: This study does not have a fiscal impact on AC Transit. However, implementation of the plan will increase transit travel time and costs to maintain the same frequency of service due to reduced bus speeds.
BACKGROUND/RATIONALE: The Telegraph Avenue corridor in Oakland is served by Lines 1 and 1R as well as the 800 AIINighter. The corridor carries over 9,000 daily riders between downtown Oakland and downtown Berkeley with a combined nine buses an hour or a bus every seven minutes. Lines 1 and 1R are two of the lowest on-time performance routes in the system. There are also several substandard bus stops with inadequate curb length causing buses to block cross street traffic and intersections while loading and unloading passengers.
9
Report No. 14-230 Page 2 of 4 Complete Streets Policy All jurisdictions throughout AC Transit's service area have adopted complete streets policies, fulfilling requirements from the Alameda County Transportation Commission (ACTC) and the Metropolitan Transportation Commission (MTC). The City of Oakland passed a Complete Streets resolution in February of 2013 with the goal of designing, building and maintaining safe, convenient and inviting streets for all users, including pedestrians, bicyclists, persons with disabilities, movers of commercial goods, users and operators of public transit, seniors and children. Transit First Policy The City of Oakland adopted a Transit First Policy in 1996. This policy has several guidelines that conflict with the planning activities on Telegraph Avenue corridor. For example, the policy instructs City staff to prioritize transit, over the private automobile, in the construction and maintenance of the City's transportation infrastructure. The policy also recognizes that, "increased speed, better accessibility to, and improved frequency of transit service encourages greater use of public transit and increase fare box revenues." Project Description Overall, the Telegraph Avenue Complete Streets Implementation Plan is an effort to improve transportation safety and comfort on the Telegraph Avenue between 20th Street and 57th Street, with an emphasis on bicycle and pedestrian travel. Though the proposed improvements on the corridor make all modes safer, substantial capital investments will be required to maintain current transit speeds. The City's priorities for the study are encapsulated in the project overview: "Despite its importance for non-motorized transportation, the current configuration of Telegraph Avenue disproportionately serves automobile traffic at the expense of other roadway users. For example, dedicated bike lanes do not run continuously along the corridor, and unsignalized crossings make it challenging for pedestrians to cross." Throughout the corridor, the project team considered two bicycle infrastructure options: •
A buffered bike lane that provides a striped buffer between the bike lane and the auto travel lane; and
•
A cycle track or separated bike lane that places bikes on the right side of the parking lane.
The City's preferred alternative includes a lane-reduction from 20th Street to 46th Street, along with the installation of buffered bicycle lanes. The Plan divides the corridor into three segments based on operating characteristics and adjacent land uses. Segment A covers Telegraph Avenue from 57th to 52nd Streets. Segment B covers Telegraph Avenue from 52nd to 48th Streets, and Segment C covers 48th to 20th Streets. Segment A has the lowest amount of ridership in the corridor, and comparable speeds to the other segments. The existing lane configuration will likely remain in place. Improvements to this segment include safer pedestrian crossings, with relocation and consolidation of AC Transit stops. 10
Report No. 14-230 Page 3 of 4 Segment B has high ridership stops at 49th Street, and is also a transfer point to line 12 at 51st Street. The existing lane configuration is proposed to remain in place. However, this segment has high traffic volumes and would benefit from transit-only lanes. Segment C extends from 20th Street to 46th Street. The majority of ridership is clustered at 40th Street, which contributes to delayed operations. The City's preferred design option for this segment is a lane reduction from five existing lanes to a three lane configuration (two through lanes and one center turn lane), leaving one through lane with transit operating in mixed-flow with automobiles. Impacts to AC Transit and Potential Mitigations The Plan will make service slower and less reliable due to the reduction in travel lanes. Increased running times will also increase the cost for bus frequencies to be maintained. The operational benefit of the Plan will include a separation of bicycles and buses. An important element of this separation is the bus bulbs' innovative design which allows bicycles to travel without interfering with bus operations. The potential mitigations to alleviate negative effects include an upgrade of the Transit Signal Priority system on the corridor, installation of bus bulbs, relocation of many near-side stops to the far-side of intersections, and consolidation of low ridership stops. However, it is unclear, given the reduction in lanes and potential for increased travel time, how these mitigations will improve transit speeds and reliability as part of the Complete Streets project. Staff's recent experience with the line 51 Corridor Delay Reduction and Sustainability Project demonstrated that it is unlikely that all proposed improvements can be implemented due to community challenges. Staff proposed additional transit improvements including bus-only lanes at intersections (queue jump lanes) or peak-hour transit only lanes; however, City staff is hesitant to include these options without further analysis. Schedule and Next Steps The Telegraph Avenue Complete Streets Implementation Plan will conclude in the fall of 2014 and will provide detailed concept drawings for the corridor. The City plans to repave Telegraph Avenue from 20th Street to 27th Street in early 2015. Restriping of bicycle infrastructure will likely also occur in this segment. No additional funding has been secured for proposed capital improvements, particularly those related to transit improvements. There are Thursday, discussed 17th, and 18th.
several upcoming public meetings on this project. Two open houses will be held on September 11th and Saturday, September 13th. In addition, the project will be at the Oakland Access Compliance Advisory Committee on Wednesday, September at the Oakland Bicycle and Pedestrian Advisory Committee on Thursday, September
11
Report No. 14-230 Page 4 of 4 ADVANTAGES/DISADVANTAGES: The advantage of this project will be an increase in safety as bicycle and bus operations will be separated. There are also safety benefits for bus stop access with the pedestrian safety improvements and bus bulbs.
The disadvantage of this project is the potential degradation in transit performance with possible lower on-time performance and slower transit speeds. An additional disadvantage is the increased complexity of analysis and engineering to implement Bus Rapid Transit, as well as perceived lack of community support for a separate transit project once bike lanes are implemented. ALTERNATIVES ANALYSIS: There are no alternatives to consider. PRIOR RELEVANT BOARD ACTIONS/POLICIES: None ATTACHMENT(S): 1: Telegraph Avenue Complete Streets Draft Plan Recommendations 2: Map ofTelegraph Avenue Corridor
Department Head Approval:
Dennis W. Butler, Acting Chief Planning, Construction & Engineering Officer
Reviewed by:
Robert Del Rosario, Director of Service Development
Prepared by:
Becca Homa, Transportation Planner
12
13
14
15
16
17
1970s Design Meets 2014 Challenges > Traffic volumes steady (or declining) over past 40 years
> Bicycling up 300°/o in past 15 years (130 bicycles per hour)
> New businesses= new pedestrians Telegraph Avenue PM Peak Hour Traffic (between 39th Street and 40th Street]
18
19
Excess Roadway Capacity Leads to Speeding > Over 90°/o of car drivers exceed the speed limit (25mph)
- Average car driver travels 30mph or more > Speeding is a safety problem Risk of Pedestrian Fatality 100
80
c 0)
u
w
0..
~--------------------------------~----------------------
60 ~---------------------40 ~------20
0
~------
. J_ -----20
40
30
Vehicle Speed (MPH)
20
50
21
Community Concerns - On-Line Survey > Over 1,100 responses
- More than 92% prefer changes to the existing street configuration - Strong support for better pedestrian and bicycle facilities - Results consistent across all user groups What priority should MOTORIST facilities receive in future improvements to Telegraph Avenue? 80% 70% 60%
50%
40%
Frequent Motorists Frequent Transit Riders Frequent Bicyclists Frequent Pedestrians All Respondents
22
Community Response to Design Alternatives Similar to 1,100 survey feedback 250 people attended Spring 2014 open houses -
Presented designs that balanced goals with operational reality (i.e., traffic)
- Assessed potential transit impacts
240 comment cards received as a result -
Most frequent complaint : City is not aggressive enough in reducing parking and/or travel lanes to make Telegraph a better street for walking and cycling
-
Fewer than 8% prefer existing conditions on Telegraph
-
Over 90% favor removing travel lanes south of 461h St
23
24
25
26
Technical Evaluation Results- Parking > The Draft Plan: > Recommends removal of 85 parking spaces (16°/o) - Majority of impact between 52nd and 57th (under the freeway and where businesses have big parking lots)
Estimated change in parking supply
34th- 44th
51st- 57th
Spaces
Percent Change
-28
-15%
-12
-8%
-2
-3%
-43
-40°/o
-85
-16°/o
27
28
29
30
31
32
33
Implementation Step
Timeframe
Community Feedback on draft
Sept 2014
Revise draft recommendations
Sept- Oct 2014
City Council approval
Nov 2014
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35
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BOARD OF DIRECTORS CONSENT CALENDAR
September 24, 2014 Agenda Items 5A – 5C
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BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
MINUTES Regular Meetings of the Board of Directors and the Planning and Operations Committees AC Transit General Offices 2nd Floor Board Room 1600 Franklin Street Oakland, CA 94612
Wednesday, June 11, 2014 at 5:00 p.m. Closed Session: 3:00p.m. (Items 10A-10D} Committee meetings will commence when the Board of Directors recesses to a Committee of the Whole
MEMBERS OF THE BOARD OF DIRECTORS GREG HARPER, PRESIDENT (WARD 2) JOE WALLACE, VICE PRESIDENT (WARD 1) ELSA ORTIZ (WARD 3) MARK WILLIAMS (WARD 4) JEFF DAVIS (WARD 5) JOEL YOUNG (AT-LARGE) H. E. CHRISTIAN PEEPLES (AT-LARGE) BOARD OFFICERS DAVID J. ARMIJO, GENERAL MANAGER DENISE C. STANDRIDGE, INTERIM GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY
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June 11, 2014 39
Page 1 of 13
BOARD OF DIRECTORS MEETING- Greg Harper, President Wednesday, June 11, 2014 at 5:00 p.m.
ACTION SUMMARY
[ The Alameda-Contra Costa Transit District Board of Directors held a i Regular meeting on Wednesday, June 11, 2014.
! The meeting was called to order at 3:05 p.m. for the purpose of ! Closed Session. All Board members were present with the exception [ of Director Williams who arrived at 3:21 p.m. The District Secretary ! announced that the Board would convene in Closed Session to discuss I Items lOA-D as listed on the agenda. Closed Session concluded at !' 4:40p.m. j
I At 5:04 p.m., President Harper called the Board of Directors meeting 1
;
I to order. \
! Items were taken aut of sequential order but are reported in sequential
I order in the minutes for ease in reading.
1.
! ! ROLL CALL
i Present: Ortiz, Williams, Davis, Peeples, Young, Wallace, Harper
I
2.
I GENERAL MANAGER'S REPORT I General Manager David Armijo reported on the following: ·
i r
3.
INFORMATION ONLY
The operator sign-up under the new Collective Bargaining Agreement for service going into effect on June 22, 2014; Feedback solicited from the public regarding the Guiding Principles developed under the Comprehensive Operations Analysis; and The development of an application by the Information Services Department to display Key Performance Indicators on the District's website, which will be available later this year.
I,::,:::::.::~•""' ''"'lo
Hold Public Hearing to receive public comment on proposed revisions to Board Policy 163 {Public Hearing Processes for the Board of Directors); Board Policy 501 (Customer Contact Policy and Title VI Complaint Process); and Board Policy 551 (Title VI Service Review and Compliance) to meet Federal Transit Administration requirements related to Title VI (Civil Rights Act) compliance; and b) Consider approving amendments to Board Policies 163, 501 and 551 and adoption of Resolution No. 14-025 affirming the District's ! commitment to civil rights and environmental justice and to involvement of the people in Alameda and Contra Costa Counties in in making decisions pertaining to transit policy, service design and operations (Report 13-305c).
DECISION CONTINUED
I
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June 11, 2014 40
Page 2 of 13
i
{The following documents are incorporated into the file by reference: 1} Revised Attachment 7 of the Staff Report, Spanish and Chinese translations of the PowerPoint presentation, and written comments · received prior to the hearing.]
i
President Harper welcomed everyone to the Public Hearing and introduced the members of the Board of Directors and the Board Officers. He then called on Interim General Counsel Denise Standridge to outline the rules of order and procedures for public speakers. President Harper opened the Public Hearing at 5:17 p.m. The meeting was turned over to General Manager David Armijo for the staff presentation. Title VI Coordinator Sally Goodman presented the staff report.
I! I !
I t
Ms. Goodman addressed questions from the Board on the following: • when a service equity analysis would be required; • guidelines for public outreach; • the availability of information to non-English speaking populations (Language Assistance Plan); • how disparate impact is determined; and • the Public Participation Plan. President Harper asked if the District's statistician would determine whether or not a disparate impact situation existed. Ms. Goodman advised that the statistician is consulted to ensure that any findings are statistically significant. She added that the new policies will determine the point of statistical significance.
! i
A total of 12 persons appeared to present testimony. A summary of the comments received is provided in Exhibit A of the minutes. The public I' hearing closed at 6:27 p.m. I Vice President Wallace asked that staff to follow-up with the speakers who asked questions and complained about service during the public hearing. ' Discussion ensued as to whether it was necessary for the Board to take immediate action on the policies. Ultimately, it was concluded that a decision on the policies could be delayed in order for staff to review and evaluate the alternative proposals submitted to the Board and provide a cost analysis. Staff advised that the entire Title VI program update was due to the Federal Transit Administration by October 1, 2014.
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Page 3 of 13
MOTION: PEEPLES/YOUNG to continue the item to a future Board meeting for consideration pending staff's analysis of the proposals presented. The motion carried by the following vote: AYES:7: Peeples, Young, Ortiz, Williams, Davis, Wallace, Harper 4.
PUBLIC COMMENT Jerry Grace complained that people continue to park cars in bus zones and asked that something be done about it. Jane Kramer commented on transparency and accountability with regard to the policy-making process, noting that Board members may not interfere with staff functions. She also felt the intent of SB 375 was to create resilient local communities where people live and work. Sheela Gunn-Cushman of Ashland commented that she is a regular user of public transit, most often AC Transit. She said that if there is no service, then people with disabilities can't get around. She also said the 511 system is frustrating when it doesn't understand what is being said. Celia Docto questioned if the Board was really listening to the public comment, and when and how complaints about late buses would be addressed. [President Harper responded that the Board
I I !'
I
listened and cared about all of the issues raised by the public and placed a lot of pressure on the agency to address them. He added that the Districtwide statistics were showing steady improvement.] Bharak Mehta requested that the hours of bus service be extended on the weekends to accommodate family and social events. In addition, he requested that all notices and brochures be provided in the Hindi language because the Indian community is increasing.
5.
CONSENT CALENDAR MOTION: PEEPLES/WILLIAMS to approve the Consent Calendar as presented. The motion carried by the following vote:
APPROVED
AYES:7: Peeples, Williams, Ortiz, Davis, Young, Wallace, Harper SA. Consider approving Board of Directors and Standing Committee minutes of May 28, 2014. 5B. Consider authorizing Director Peeples to attend the Transportation Research Board (TRB) 941h Annual Meeting in Washington, D.C. on January 11-15, 2015 (Report 14-177}. 6. GA.
REGULAR CALENDAR Consider receiving report on the implementation of fare changes taking effect on July 1, 2014 (Report 14-095a}.
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June 11, 2014 42
RECEIVED
Page 4 of 13
Marketing and Community Relations Manager Victoria Wake presented the staff report. Members of the Board asked about operator preparation, challenges associated with the elimination of transfers, and difficulties with the bill reader on the new farebox. Ms. Wake advised that a number of suggestions offered by operators were being implemented, such as the refund voucher. She also reported riders who take two buses to their destination and two buses back will be the most impacted by the elimination of transfers as would those who only travel in one direction and those that purchase a fare and transfer and use them to round-trip.
ii Director of Maintenance Salvador Llamas advised that fareboxes were i being retrofitted with bill guides which would resolve issues with the ! bill validator on the farebox. In addition, any new fare boxes purchased
I would include the upgrade. Public Comment: Kit Vaq, ACCE, commented on the ACCE listening bus tour and fare rally, which helped inform the community about the elimination of transfers, the new farebox system, and the need for more Clipper vendors. She added that ACCE would prefer the fare policy implementation wait until January 1, 2015. ' • Yvonne Williams, President of ATU Local192, applauded the public outreach efforts, but said there were still some issues to be resolved. She also didn't understand how the use of a refund voucher would be helpful since many riders did not have the resources to get to the General Offices for a refund. She added 1 that if these issues could not be addressed, the fare change should be postponed. ' J
I•
~.·';
Jerry Grace commented that people always rush to put their money in the farebox.
! MOTION: WILLIAMS/PEEPLES to receive report on the implementation
I of fare changes taking effect on July 1, 2014.
The motion carried by the
I following vote: I AYES:7: Williams, Peeples, Ortiz, Davis, Young, Wallace, Harper 7.
I WORKSHOP
I. I
Presentation: Annual Update on Compliance with California Air Resources Board (CARB) Regulatory Programs, Proposed Changes to Existing CARB Regulations, and Grant Funding for Zero Emission
Alameda-Contra Costa Transit District
June 11, 2014 43
INFORMATION ONLY
Page 5 of 13
Bus Programs • Presentation: Advanced Clean Transit (Report 14-135).
[The following information was provided at the meeting by Mr. Sax and is incorporated into the file by reference: • Letter from Ballard dated June 10, 2014, Re: Rough Order of Magnitude (ROM} Casts for Retrofitting Fuel Cell Buses; • Letter from New Flyer dated May 29, 2014, Re: Fuel Cell Electric Bus Price Target; • ZEBA Fuel Cell Electric Bus Program Trends; • Letter from the Department of Energy dated June 6, 2014, Re: appreciation for AC Transit's leadership and continued actions to operate and demonstrate fuel cell electric bus technology; and 5) Map of hydrogen fueling stations open or in development in California.] [Written comments received prior to the meeting are incorporated into the file by reference.] Technical Services Manager Stuart Hoffman presented the staff report. Todd Sax of the California Air Resources Board gave a presentation on Advanced Clean Transit, including funding and regulations. Mr. Sax addressed questions and concerns from the Board regarding the cost of replacing the District's existing fuel cell fleet, as well as operating costs, the status of other fuel cell programs, infrastructure needs and investment, and the use of other zero-emission technologies such as battery/electric bus technology. With regard to funding, Mr. Sax advised that there was a lot of support for AC Transit's program through various grants offered at the federal, i state and local levels and California is investing heavily in zero-emission technologies and infrastructure as part of the long-term plan to [ address climate change and air pollution.
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President Harper said the Board was very concerned about the zeroemission deadline, given the uncertainty of the federal government to provide funding over the next two or three years. He added that CARB needed to understand the dilemma the District would face in justifying whether to purchase a $1.6 million bus or provide more service with a 1 less expensive bus. Mr. Sax advised that CARB was not in the business I I of forcing the purchase of buses that would not meet the District's needs, which is why demonstration projects like AC Transit's were so important. He added that regulations were designed to move technology forward and find solutions to big problems, while taking into account the economic impacts. He concluded that CARB will not
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June 11, 2014
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Page 6 of 13
force transit agencies to buy buses they can't afford. Public Comment: • Catherine Dunwoody, Executive Director of California Fuel Cell Partnership, emphasized the importance of the District's Fuel Cell Program to the commercialization of fuel cell vehicles and encouraged AC Transit to take the next steps by operating larger fleets to bring the production costs down. • David Reichmuth, Union of Concerned Scientists, commented that AC Transit has a key role in providing real world data to prove fuel cell technology can work in a daily transit environment. This is critical for other fleet operators and regulations. • Michael Neward of the Bay Area Air Quality Management District reported that his agency awarded over $2 million in grant funds to assist in the purchase of AC Transit's fuel cell buses and continues to support studies of fuel cell bus deployment. In addition, the technology is part of their strategy to reduce greenhouse gas emissions and AC Transit's hands-en experience provides a wealth of information to future operations. • Jim McKinney, California Energy Commission, said the Commission is the primary state funding source for greenhouse gas reduction technology and, to date, has invested nearly half a billion dollars in electric, fuel cell, natural gas and biofuel technology. He asked the Board to stay the course and apply for funding support to operate the refueling stations. • Tyson Eckerle, Governor's Office of Business and Economic Development, commended AC Transit for its leadership, noting that fuel cell program has tremendous benefits across the state and ! world, and the State of California is committed to finding ways to '' assist with funding. He added that the light duty station in Emeryville is incredibly important to the East Bay. • Matthew Riley, US Hybrid, commented on developments in fuel cell vehicle integration and advancements in technology and reliability achieved by AC Transit since 2005. He said the results provide data that will be used to develop less expensive, more reliable fuel cells. • Nitin Natesan, Business Development Director for Linde, commented on infrastructure expandability, noting that AC Transit's facilities were built with the intent to expand the number of buses being fueled.
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No action was taken. The item was presented for information only. RECESS TO STANDING COMMITTEES (as the Committee of the Whole) The Board meeting recessed to the Standing Committees at 8:21 p.m. ALL COMMITTEES ARE ADVISORY ONLY. Alameda-Contra Costa Transit District
June 11, 2014 45
Page 7 of 13
A.
PLANNING COMMITTEE- Mark Williams, Chairperson The Planning Committee convened at 8:21 p.m. All Committee members were present.
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ACTION SUMMARY
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Public Comment (for items not on the agenda)
There was no public comment offered. Briefing/Action Items: A-1.
Consider recommending receipt of report regarding the Emeryville/Berkeley/Oakland/ Transportation Study (Report 14-157).
RECOMMEND RECEIPT
Senior Transportation Planner Nathan landau and City of Emeryville Associate Planner Diana Keena presented the staff report. Members of the committee inquired about the availability of Measure B money for shuttles; operating costs for light rail and whether it included power and right-of-way; as well as salaries, health benefits and pensions for Emery Go-Round drivers. President Harper commented that one of the challenges with EBOTS was how it would coordinate with the West Oakland Specific Plan from a transit perspective. He added that the Emery Go-Round has higher ridership than AC Transit in the Emeryville area, partly because it is free and partly because the AC Transit service in that area is inadequate. He added that the criticism that the West Oakland community was underrepresented at meetings was correct. Public Comment:
•
Kit Vaq commented that the outreach in West Oakland was not very good and, because EBOTS would have an impact on many people in Oakland, better outreach was necessary. She said community organizations would appreciate more participation. • Betsy Cooley commented on the Emery Go-Round saying that it provides service seven days a week to Watergate Peninsula. She added that the PBID (Property Based Improvement District) was up for a vote in 2015 and, if not funded, the Emery Go-Round would disappear; until that is decided they need both AC Transit and the Emery Go-Round. • Yvonne Williams, ATU local 192, commented that the outreach meetings were not very diverse, and it appeared there had already been a decision not to serve lower West Oakland even though they wanted service. She said ATU should operate the service because AC Transit provides jobs with livable wages compared to other operators. 1 • Jerry Grace commented that he rides the Emery Go-Round buses ! frequently and a lot of people like it. He said AC Transit buses go Alameda-Contra Costa Transit District
June 11, 2014 46
Page 8 of 13
places the Emery Go-Round doesn't. MOTION: ORTIZ/PEEPLES to forward to the Consent Calendar Addenda recommending receipt. The motion carried by the following vote: AYES:7: Ortiz, Peeples, Wallace, Harper, Davis, Young, Williams A-2.
Consider recommending receipt of report on the development of the Short Range Transit Plan (Report 14-033b).
PULLED OFF AGENDA
The item was pulled off the agenda. A-3.
Consider recommending that the General Manager be authorized to negotiate and execute a transit service agreement with the City of Oakland for operation of the Broadway Shuttle (Report 14-193).
RECOMMEND APPROVAL
Transportation Planner Becca Homa presented the staff report. Public Comment: Kit Vaq, ACCE, commented that the shuttle has been a life saver since the 72R quit running and because the 72 and 72M are often late. The people of Oakland really appreciate the shuttle. MOTION: PEEPLES/YOUNG to forward to the Consent Calendar Addenda recommending approval. The motion carried by the following vote: AYES:6: Peeples, Young, Wallace, Ortiz, Davis, Williams ABSENT:l: Harper (Out of seat) A-4.
Consider recommending approval to award a contract to West Bay Builders, Inc. for the Line 51 Corridor Delay Reduction and Sustainability Project (Report 14-156).
RECOMMEND APPROVAL
Traffic Engineer Wil Buller presented the staff report. MOTION: YOUNG/WALLACE to forward to the Consent Calendar Addenda recommending approval. The motion carried by the following vote: AYES:7: Young, Wallace, Harper, Ortiz, Davis, Peeples, Williams The Planning Committee adjourned at 8:56p.m.
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June 11, 2014 47
Page 9 of 13
B.
\ OPERATIONS COMMITTEE- Joe Wallace, Chairperson The Operations Committee convened at 8:56 p.m. All Committee i members were present.
ACTION SUMMARY
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I Public Comment (for items not on the agenda} i There was no public comment offered. i
I Briefing/Action Items: B-1.
I Consider recommending receipt of report on system security and new I I' initiatives for AC Transit police services and security (Report 14-162}. !' !
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I' The item was pulled off the agenda.
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PULLED OFF AGENDA
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j PULLED OFF AGENDA
B-2. ! Consider recommending receipt of report on the current Heavy Duty j Coach Mechanic Apprenticeship program [Requested by Director I Williams- 3/26/14] (Report 14-163}.
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j The item was pulled off the agenda.
B-3.
! i Consider recommending that the General Manager be authorized to
RECOMMEND APPROVAL
i enter into a contract with Diego Enriquez Maldonado for PeopleSoft i timekeeping and payroll support (Report 14-164}. I
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i ChiefTechnology Officer Tom O'Neill presented the staff report. I
MOTION: YOUNG/HARPER to forward to the Consent Calendar recommending approval. The motion carried by the i following vote: J
I Addenda ! f
AYES:7: Young, Harper, Ortiz, Williams, Davis, Peeples, Wallace
i B-4.
IConsider recommending approval to utilize a cooperative contract I l with
Staples Advantage of Newark, California for office supplies I I (Report 14-160}.
RECOMMEND APPROVAL
I I Director of Procurement and Materials Jon Medwin presented the staff [ report.
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I MOTION: I Addenda
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YOUNG/WAllACE to forward to the Consent Calendar recommending approval. The motion carried by the following vote:
1
I AYES:7: Young, Wallace, Harper, Ortiz, Williams, Davis, Peeples, \
B-5. [ Consider recommending approval to award a sole source contract to RECOMMEND GFI Genfare for the purchase of additional fareboxes and automatic 1 APPROVAL
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June 11,2014
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Page 10 of 13
fare collection system equipment to support the District's upcoming service expansion (Report 14-175). Project Manager Sandra lewis-Williams presented the staff report.
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MOTION: PEEPLES/WILLIAMS to forward to the Consent Calendar j Addenda recommending approval. The motion carried by the 1 following vote: AYES:7: Peeples, Williams, Harper, Ortiz, Davis, Young, Wallace The Operations Committee adjourned at 9:07p.m. j RECONVENE BOARD OF DIRECTORS MEETING- Greg Harper, President
i The Board of Directors meeting reconvened at 9:07 p.m. 8.
ACTION SUMMARY
REPORTS OF STANDING COMMITTEES I District Secretary Linda Nemeroff reported that all of the items from I the Planning and Operations Committee meetings had been referred ! to the Consent Calendar Addenda recommending receipt or approval as presented with the exception of Items A-2, B-1 and B-2, which were pulled off the agenda.
REPORT GIVEN
I CONSENT CALENDAR ADDENDA
RECEIVED OR APPROVED AS INDICATED
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MOTION: PEEPLES/WILLIAMS to receive or approve the items referred
I to the Consent Calendar Addenda as indicated on the agenda.
I The motion carried by the following vote:
I AYES:7: Peeples, Williams, Ortiz, Davis, Young, Wallace, Harper I The items brought before the Board were as follows: !
A. I PLANNING COMMITTEE: i A-1. 1 Consider receiving report regarding the Emeryville/Berkeley/Oakland/ i Transportation Study (Report 14-157). A-2. I Consider receipt of report on the development of the Short Range Transit Plan (Report 14-033b). Pulled of/the agenda. A-3. Consider authorizing the General Manager to negotiate and execute a transit service agreement with the City of Oakland for operation of the Broadway Shuttle (Report 14-193). A-4. 1 Consider approving award of a contract to West Bay Builders, Inc. for I ' the line 51 Corridor Delay Reduction and Sustainability Project (Report 14-156). B. B-1.
OPERATIONS COMMITTEE: Consider receipt of report on system security and new initiatives for AC
Alameda·Contra Costa Transit District
June 11, 2014
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B-2.
B-3.
B-4.
B-5.
10.
Transit police services and security (Report 14-162). Pulled off the agenda. Consider receipt of report on the current Heavy Duty Coach Mechanic Apprenticeship program [Requested by Director Williams - 3/26/14] (Report 14-163). Pulled off the agenda. Consider authorizing the General Manager to enter into a contract with Diego Enriquez Maldonado for PeopleSoft timekeeping and payroll support (Report 14-164). Consider approving the utilization of a cooperative contract with Staples Advantage of Newark, California for office supplies (Report 14160 Consider approving award of a sole source contract to GFI Genfare for the purchase of additional fareboxes and automatic fare collection system equipment to support the District's upcoming service expansion (Report 14-175).
I I REPORT GIVEN
CLOSED SESSION/REPORT OUT
Interim General Counsel Denise Standridge reported on the following:
MOTION: WALLACE/PEEPLES to accept settlement in the amount of $103,000 in the potential litigation matter of the U.S. Department of Labor v. AC Transit. The motion carried by the following vote:
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AYES:7: Wallace, Peeples, Ortiz, Williams, Davis, Young, Harper No other reports were given. lOA.
Conference with Legal Counsel- Existing Litigation (Government Code Section 54956.9 (a)) Francisco v. AC Transit, ACSC Case No. RG12617444, Claim No. 11-2676 Bhatnagar v. AC Transit, ACSC Case No. HG13703557, Claim No. 12-4121.
lOB.
Conference with Legal Counsel - Potential Litigation (Government Code Section 54956.9(b)) (Three Cases)
lOC.
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
100.
Public Employee Performance Evaluation (Government Code Section 54957) Title: General Manager, Interim General Counsel, District Secretary
11.
AGENDA PLANNING
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June 11, 2014 50
Page 12 of 13
Referred to the Operations Committee Director Ortiz requested a report on how a community with a significant number of low income riders similarly situated to a low Transit service area income community in the AC has dealt with the challenges relat ed to the availability of Clipper vendors (or similar payment system). (Director Williams concurred). Director Peeples requested that a resolution supporting continuation and expansion of the District's Fuel Cell Program, subject to funding availability, be placed on a future agenda. The resolution to be drafted by Director Peeples (Vice President Wallace concurred)
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Referred to the Planning Committee Director Davis requested that staff investigate the possibility of in stalling benches at bus stops on lines with 30 minute headways or more.
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Referred to Future Board of Directors Meeting 'j Vice President Wallace requested that th e Board consider making the Interim General Counsel the permanent General Counsel. (Director I Peeples concurred) !
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12.
BOARD/STAFF COMMENTS
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Members of the Board commented on meetings and events attended I
13.
since th e last meeting.
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ADJOURNMENT There being no further business to come before the Board of Directors, the meeting was adjourned at 9:24 p.m. The next meeting of the Board of Directors is scheduled for Wednesday, Jun e 25, 2014.
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Respectfully submitted,
~ District Secretary
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52
BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
MINUTES Regular Meetings of the Board of Directors and the Planning and Operations Committees AC Transit Gen eral Offices 2"d Floor Board Room 1600 Franklin Street Oakland, CA 94612 Wednesday, September 10, 2014, at 5:00 p.m. Closed Session: 3:30 p.m. (Items 8A-8F) Committee meetings will commence when the Board of Directors recesses to a Committee of the Whole
MEMBERS OF THE BOARD OF DIRECTORS
GREG HARPER, PRESIDENT (WARD 2) JOE WALLACE, VICE PRESIDENT (WARD 1) ELSA ORTIZ (WARD 3) MARK WILLIAM S (WARD 4) JEFF DAVIS (WARD 5) JOEL YOUNG (AT-LARGE) H. E. CHRISTIAN PEEPLES (AT-LARGE) Teleconference
Joel Young, Director At-Large 730 E 3rd Street Long Beach, California 90802 BOARD OFFICERS
DAVID J. ARMIJO, GENERAL MANAGER DENISE C. STANDRIDGE, INTERIM GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY
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September 10, 2014 53
Page 1 o f 13
BOARD OF DIRECTORS MEETING- Greg Harper, President Wednesday, September 10, 2014 at S:OO p.m.
ACTION SUMMARY
i The Alameda-Contra Costa Transit
District Board of Directors held a i regular meeting on Wednesday, September 10, 2014. I
I I Prior
to the start of the meeting, Interim General Counsel Denise Standridge confirmed that all requirements of the Ralph M. Brown I Act (Govt. Code Sections 54950, et seq.) and t~e provisions of Board Policy 100, Section 4.8 regarding teleconferenced meetings were met I in order for Director Young to participate in the meeting and advised i i that all votes must be taken by roll call vote. [An affidavit verifying [ that the teleconference location was accessible to persons with [
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i disabilities and that the agenda was posted at the teleconference I location at least 72 hours prior to the start of the first meeting is
I attached as Exhibit A.]
The meeting was called to order at 3:35 p.m. for the purpose of i Closed Session. All Board members were present, with the exception I of Director Young who was absent. The District Secretary announced that the Board would convene in Closed Session to discuss Items SA-F l as listed on the agenda. Closed Session concluded at 4:45 p.m. 1
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At 5:05 p.m., President Harper called the Board of Directors meeting j to order. 1
1.
I ROLLCALL i Present: Ortiz, Williams, Davis, Peeples, Young, Wallace, Harper
2.
I GENERAL MANAGER'S REPORT i General Manager David Armijo reported on the following:
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INFORMATION ONLY
The Metropolitan Transportation Commission (MTC) Programming and Allocations Committee recommended $5.5 million for capital improvements for Line 97; MTC awarded a $1 million TIGER grant to AC Transit and SFMTA to study the transbay and MUNI metro corridor and make recommendations to improve transbay capacity; Outreach meetings begin next month to update the Comprehensive Operations Analysis (COA) which will result in a series of District priorities for future service; The General Manager's Quarterly Report will be moving to the internet to provide the Board and public improved digital access to the information; and August service changes successfully implemented.
I The item was presented for information only. Alameda·Contra Costa Transit District
September 10, 2014 54
Page 2 of 13
3.
PUBLIC COMMENT
Vickie Riggin, AFSCME Vice President, commented on the change from a 37.5 hour work week to a 40 hour work week. In her opinion, it was done after the contract was ratified and disrupted work. lisa Harlow, AFSCME, commented on the elimination of the 37.5 hour work week, claiming that it had not been discussed during negotiations and AFSCME was opposed to the 40 hour work week without additional compensation. Dwayne Crawley, AFSCME President, felt the increase in work hours amounted to a take away from the raises that AFSCME members had received. He asked the Board to make an official policy ruling to maintain the current work schedule and bargain the issue of work hours in the future. David Campbell, representing Bike East Bay, asked for Board support to develop a Complete Streets Plan for Telegraph Avenue. He also urged everyone to support Measure BB. Clarence Fischer spoke on behalf of a disabled rider who was unable to alight at Berkeley BART because the ramp could not be lowered due to an illegally parked truck. The sheriff was not called to move the truck and the rider was not able to alight for several blocks. {Written Title VI complaint received and forwarded to the Title VI Compliance Officer.) Jane Kramer commented on transparency and accountability with regard to governing ethics related to funding transfers between the District and other government entities. She asked how the monies would be spent, by whom, and under whose jurisdiction. j Eleanor Wiley, Alameda resident, complained of problems with a I line SlA bus stop that was moved directly in front of her home, i including the volume of the stop announcements and the use of her porch by passengers who were waiting to board the bus.
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I 4.
APPROVED
I CONSENT CALENDAR
I MOTION:
WALLACE/WILLIAMS to approve the Consent Calendar as \ presented with the exception of Item 4A, which was pulled off the I J agenda. The motion carried by the following vote:
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! AYES:7: Wallace, Williams, Ortiz, Davis, Peeples, Young, Harper
4A.I Consider
approving Board of Directors and Standing Committee I minutes of June 11, 2014.
PULLED OFF AGENDA
I 4B. I Consider approving Board of Directors and Standing Committee minutes of August 13, 2014.
4C. Consider approving Board of Directors minutes of September 3, 2014. (Special Meeting)
Alameda-Contra Costa Transit District
September 10, 2014 55
Page 3 of 13
4D.I Consider receiving Retirement Board minutes of July 10, 2014 (Report i 14-200}.
I 5.
! REGULAR CALENDAR APPROVED
SA. Consider approving contract award to Van Scoyoc Associates, Inc. for federal lobbying services (Report 14-087a). Director of Legislative Affairs and Community Relations Beverly Greene , presented the staff report.
I I President Harper asked how staff ascertains whether a lobbying firm is 1
representing other clients whose interests may be in direct conflict with AC Transit's and suggested that staff think about this issue for future lobbying contracts. Ms. Greene advised that the contract for the state lobbyist would expire at the end of the year and it would be good to explore the concerns raised in procuring a new contract.
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MOTION: PEEPLES/WILLIAMS to approve contract award to VanScoyoc Associates, Inc. for federal lobbying services. The motion carried by ! the following vote:
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: AYES:7: Peeples, Williams, Ortiz, Davis, Young, Wallace, Harper
58. Consider approving contract award to 181 Group for project management/owner's representation assistance in the planning, engineering and implementation of the District's Computer Aided Dispatching/Automatic Vehicle Location (CAD/AVL) system (Report i 13-326a}.
APPROVED
I Information Systems Project Manager Sandra Lewis-Williams presented the staff report. Director Ortiz asked why Cambridge Systematics classified itself as an LBE (Local Business Enterprise). Contracts Compliance Administrator Phillip McCants advised that it is not uncommon for a local firm to classify itself in this manner, noting that the District used the Alameda 1 County database of vendors, which classified the firm in question with ! the LBE designation. i
Director Williams asked about outreach to small businesses and Disadvantaged Business Enterprises for other contracts associated with the project. Director of Procurement Jon Medwin advised that the population of qualified vendors for the next phases of the project was quite limited due to the complexity of the project, but he hoped to get as many qualified proposers as possible.
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Page 4 of 13
President Harper commented that his fear with companies that become locked into in certain industries, like transit, is that better systems developed for other sectors may be overlooked. He asked staff to conduct more background work on this issue in the future. MOTION: WALLACE/PEEPLES to approve contract award to IBI Group for project management/owner's representation assistance in the planning, engineering and implementation of the District's Computer Aided Dispatching/Automatic Vehicle location (CAD/AVL) system. The motion carried by the following vote: AYES:?: Wallace, Peeples, Ortiz, Williams, Davis, Young, Harper RECESS TO STANDING COMMITTEES (as the Committee of the Whole) The Board meeting recessed to the Standing Committees at 5:46p.m. All COMMITTEES ARE ADVISORY ONLY.
A.
! PLANNING COMMITTEE- Mark Williams, Chairperson
i The
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Planning Committee convened at 5:46 p.m. All Committee members were present.
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ACTION SUMMARY
II Public Comment (for items not on the agenda) i There was no public comment offered.
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! Consent Items: WALLACE/DAVIS to forward to the Consent Calendar ! Addenda recommending adoption as presented. The motion carried by the following vote:
I MOTION:
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A-1.
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RECOMMEND APPROVAL
! !
I AYES:?: Wallace, Davis, Harper, Ortiz, Peeples, Young, Williams I
I Consider
recommending adoption of Resolution No. 14-048 I i authorizing the General Manager, or his designee, to submit an ! allocation request to the Metropolitan Transportation Commission 1 (MTC) for Regional Measure 2 (RM2) Funds and execute any documents necessary for the Richmond Parkway Transit Center Project (Report 14-248). I
Director Ortiz asked who owned the Transit Center and requested I clarification regarding the RM2 funding. Chief Operating Officer Jim Pachan replied that Caltrans was the owner and the District has an agreement to use it without paying rent. In addition, parking fees go to the District but are not enough to pay for major maintenance. Senior Capital Planning and Grants Analyst Chris Andrichak said the $750,000 1 being requested was part of $3 million originally allocated for a parking 1 garage which the District decided not to build. I
Alameda~Contra
Costa Transit District
September 10, 2014 57
Page 5 of 13
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Briefing/Action Items: A-2.
Consider recommending receipt of report on the Telegraph Avenue Complete Streets Implementation Plan [Requested by Director Peeples- 5/14/14] (Report 14-230}.
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PULLED OFF THE AGENDA
The item was pulled off the agenda and moved to the meeting scheduled for September 24, 2014. A-3.
Consider recommending receipt of the Quarterly Report on the Transbay Transit Center Project and authorizing the Board President to sign a letter to the San Francisco Board of Supervisors expressing the District's concerns regarding the Folsom Street Streetscape Plan, if warranted (Report 14-203}.
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Director of Service Development Robert del Rosario presented the staff , report.
RECOMMEND RECEIPT/ AUTHORIZE THE BOARD PRESIDENT TO SIGNA LEITER
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I : [ Director Peeples commented that a consultant on the project believes I pieces of the Folsom Street Streetscape Plan could be completed J without impacting AC Transit's vehicles so long as they don't stripe it 1 both ways and they don't stripe the bus lanes. Mr. del Rosario concurred, noting that it appeared the hardscape could move forward and the striping could be delayed until AC Transit moved into the new transit center, which should, in large part, mitigate most of the delays.
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! MOTION: PEEPLES/WALLACE to forward to the Consent Calendar ! Addenda recommending receipt of the report and authorization for the i Board President to sign a letter to the San Francisco Board of Supervisors if warranted. The motion carried by the following vote: !
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AYES:7: Peeples, Wallace, Harper, Ortiz, Davis, Young, Williams
I A-4.
Consider recommending approval to reinstate bus service along Golf ! links Road to Grass Valley Elementary School, with the use of small I transit vehicles, as a one-year pilot project (Report 14-229}. J
I Senior
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RECOMMEND APPROVAL
Transportation Planner Sean Diest Lorgion presented the staff
report.
I Oirector Peeples asked how staff justified the restoration of service to
I Grass Valley when there were no plans to restore service in other areas
affected by service cuts. Mr. Diest Lorgion advised that the proposed I pilot service would only reinstate about 50% of the service cut in 2010. f Director of Service Development Robert del Rosario added that the ! pilot would allow staff to offer service to the hills with less frequency [ using small transit vehicles. J
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September 10, 2014 58
Page 6 of 13
Director Peeples said he would vote "no" on the proposal because he thought this was being done in response to political pressure from the community rather than District policy. He also felt the use of smaller buses on this service would be inadequate. President Harper felt that future reports needed to include a methodology on how the recommendation was developed. Public Comment Yvonne Williams thanked the Board for this service which will allow operators to get riders to their final destination. She hoped with the passage of Measure BB more service like this could be reinstated. 1
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MOTION: ORTIZ/WALLACE to forward to the Consent Calendar Addenda recommending approval as presented. The motion carried by the following vote: AYES:6: Ortiz, Wallace, Williams, Davis, Young, Harper NOES:1: Peeples Consider recommending that the General Manager be authorized to implement a one-year flex service pilot project to replace line 275 in ' Newark (Report 14-247}.
A-5.
RECOMMEND APPROVAL
i Transportation Planner John Urge presented the staff report. I
! Discussion ensued regarding the need for performance metrics to [ determine if the project is a success. General Manager David Armijo that staff would develop metrics and present them to the 1 i Board within the next few months in order to begin evaluating the ! I service in six months. j ! t ii MOTION: HARPER/ORTIZ to forward to the Consent Calendar Addenda ' ! recommending approval as presented. The motion carried by the following vote: AYES:7: Harper, Ortiz, Williams, Davis, Peeples, Young, Wallace
l advised
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The Planning Committee adjourned at 6:18p.m. B.
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OPERATIONS COMMITTEE -Joe Wallace, Chairperson The Operations Committee convened at 6:18 p.m. All Committee members were present.
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ACTION SUMMARY
l
Public Comment (for items not on the agenda) i Yvonne Williams, President of ATU local 192 and Dwaine Crawley, President of AFSCME local 3916, addressed the Board and General I ! Manager jointly regarding labor peace, noting that the relationship
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Alameda-Contra Costa Transit District
September 10, 2014 59
Page 7 of 13
between management and labor needed to be solid and was very important. Briefing/Action Items: B-1. 1 1
RECOMMEND APPROVAL
Consider recommending award of a contract to Linde LLC to provide, install, and commission an electrolyzer and buffer storage system at the Seminary Division Hydrogen Fueling Station (Report 14-208).
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Senior Project Manager Joe Callaway presented the staff report. Concerns were raised regarding the limited-liability language in the contract. Interim General Counsel Denise Standridge advised that similar language in another contract with Linde was problematic; however, without the electrolyzer, grant funds for the project could be jeopardized. She added that, based on the information available to her, the risk associated with the buffer system and the electrolyzer may be lower than the risk associated with the fueling station. In addition, new contract language was proposed to Linde which would increase the liability coverage and damages, but it was doubtful that it ! would be accepted.
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Director Ortiz said she was concerned about contracts that do not protect AC Transit and would vote against the contract. MOTION: PEEPLES/WILLIAMS to forward to the Consent Calendar Addenda recommending approval as presented. The motion carried by the following vote: AYES:6: Peeples, Williams, Davis, Young, Harper, Wallace NOES:l: Ortiz
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I Director Young left the meeting at 6:43 I p.m. B-2.
p.m. and returned at 6:45
Consider recommending award of a sole source contract to S & A Systems Inc. for software license, technical support, and provision of an extended warranty for the Fleetwatch vehicle monitoring system and equipment (Report 14-242).
RECOMMEND APPROVAL
Director of Maintenance Salvador Llamas presented the staff report. Discussion ensued regarding the issue of locking the District into contracts with long-term commitments. General Manager David Armijo advised that staff needs to identify how many legacy systems the District has and try to find a way to have shorter five-year contracts without having to replace the entire system. Director of Procurement Alameda-Contra Costa Transit District
September 10, 2014 60
! Page 8 of 13
Jon Medwin commented that it would be difficult to ask any contractor to provide fair, reasonable and firm pricing ten-years out. MOTION: DAVIS/PEEPLES to forward to the Consent Calendar Addenda recommending approval as presented. The motion carried by the following vote: 1
AYES:6: Davis, Peeples, Harper, Williams, Young, Wallace
I NOES:1: Ortiz B-3. i Consider recommending award of a contract to Taber Construction for the District-wide Elevator Modernization Project (Report 14-240).
I I I Senior
RECOMMEND APPROVAL
!
Project Manager Craig Michels presented the staff report. j Questions were addressed regarding contingencies for the project, bid i amounts, and the use of Disadvantaged Business Enterprises.
I
I
'
I MOTION:
I
WILLIAMS/PEEPLES to forward to the Consent Calendar ! Addenda recommending approval as presented. The motion carried by the following vote:
!
AYES:6: Williams, Peeples, Ortiz, Davis, Harper, Wallace ABSENT:1: Young B-4.
Ii
Consider recommending that the General Manager be authorized to i enter into a new four-year contract with Alameda County Sheriffs I Office for law enforcement services (Report 14-226). 1
RECOMMEND APPROVAL
I! Protective Services Manager Kerry Jackson presented the staff report. I Questions
were addressed concerning the use of technicians and the i COPS grant. Members of the Committee commented on the quality of !I the service and professionalism of the Alameda County Sheriffs l Department.
I
I Public Comment: I Clarence Fischer asked the Board support the contract, noting the I experience with private security used in the past was negative. He also
i hoped major bus stops would have better patrols.
Ii MOTION:
ORTIZ/WILLIAMS to forward to the Consent Calendar
! Addenda recommending approval as presented. The motion carried by
I the following vote:
Ii AYES:7: Ortiz, Williams, Davis, Peeples, Young, Harper, Wallace I Alameda-Contra Costa Transit District
September 10, 2014 61
Page 9 of 13
I
RECOMMEND Consider recommending adoption of Resolution No. 14-049 approving a new classification specification for Assistant Director of I APPROVAL Maintenance (Report 14-249). :
B-5.
!
I
Senior Human Resources Manager Llew Keller presented the staff I report. i I
I I
Committee members commented that it would be useful if the classification specification required familiarity with California Air Resources Board Urban Bus rules and requirements for emission \ controls. It was also suggested that a Bachelor's degree be highly 1
I
d~irnble.
MOTION: PEEPLES/WILLIAMS to forward to the Consent Calendar Addenda recommending adoption as presented. The motion carried by the following vote: AYES:7: Peeples, Williams, Ortiz, Davis, Young, Harper, Wallace The Operations Committee adjourned at 6:58 p.m.
l RECONVENE BOARD OF DIRECTORS MEETING- Greg Harper, President
!The
Board of Directors meeting reconvened at 6:58 p.m.
I members were present.
6.
ACTION SUMMARY
All Board
I REPORTS OF STANDING COMMITTEES I District Secretary Linda Nemeroff reported that all of the items from I the Planning and Operations Committee meetings, with the exception
REPORT GIVEN
I of Item A-2 which was pulled off the agenda, had been referred to the I Consent Calendar Addenda i adoption as indicated. I 7.
recommending receipt, approval, or
RECEIVED, APPROVED OR ADOPTED AS INDICATED
j CONSENT CALENDAR ADDENDA
I MOTION: WILLIAMS/PEEPLES to receive or approve the items referred to the Consent Calendar Addenda as indicated on the agenda. The \ motion carried by the following vote:
1
I AYES:7: Williams, Peeples, Ortiz, Davis, Young, Wallace, Harper NOES:1: Peeples (Item A-4 only) ! NOES:1: Ortiz {Items B-1 and B-2 only) ! f
l
'
I The items brought before the Board were as follows:
'
i I
A., PLANNING COMMITTEE: A-1. , Consider adoption of Resolution No. 14-048 authorizing the General i I Manager, or his designee, to submit an allocation request to the I ! Metropolitan Transportation Commission {MTC) for Regional Measure 1 J 2 (RM2) Funds and execute any documents necessary for the 1 Richmond Parkway Transit Center Project (Report 14-248). i . I
I
Alameda~Contra
Costa Transit District
September 10, 2014 62
Page 10 of 13
A-2.
Consider receipt of report on the Telegraph Avenue Complete Streets Implementation Plan [Requested by Director Peeples - 5/14/14) (Report 14-230). Pulled of/the agenda and continued to September 24, 2014 Consider receipt of the Quarterly Report on the Transbay Transit Center Project and authorizing the Board President to sign a letter to the San Francisco Board of Supervisors to express the District's concerns regarding the Folsom Street Streetscape Plan, if warranted (Report 14-203). Consider approving the reinstatement of bus service along Golf Links Road to Grass Valley Elementary School, with the use of small transit vehicles, as a one-year pilot project (Report 14-229). Consider authorizing the General Manager to implement a one-year flex service pilot project to replace Line 275 in Newark (Report 14-247).
A-3.
A-4.
A-5.
B. B-1.
B-2.
8-3. 8-4.
B-5.
! I
I
I I
OPERATIONS COMMITTEE: Consider approving the award of a contract to Linde LLC to provide, install, and commission an electrolyzer and buffer storage system at the Seminary Division Hydrogen Fueling Station (Report 14-208). l' ! Consider approving the award of a sole source contract to S & A ! Systems Inc. for software license, technical support, and provision of an l I extended warranty for the Fleetwatch vehicle monitoring system and \ equipment (Report 14-242). I ! Consider approving the award of a contract to Taber Construction for I 1 the District-wide Elevator Modernization Project (Report 14-240). 1 Consider authorizing the General Manager to enter into a new fouryear contract with Alameda County Sheriffs Office for law enforcement services (Report 14-226). Consider adoption of Resolution No. 14-049 approving new classification specification for Assistant Director of Maintenance 1 (Report 14-249).
I
I
8.
REPORT GIVEN CLOSED SESSION/REPORT OUT Interim General Counsel Denise Standridge reported out on the i following: !
I
!
.
'
I MOTION: PEEPLES/WALLACE to approve settlement (compromise and ! ! release) in the amount of $200,000 in the matter of Felton Amos v AC I ! Transit, WCAB Case No. ADJ6829222. The motion carried by the I I
I following vote: j
I AYES:5: Peeples, Wallace, Ortiz, Davis, Harper ABSENT:1: Williams (out of seat), Young MOTION: ORTIZ/WALLACE to approve settlement in the matter of AC Transit v. Linde, potential litigation - case not filed, in the amount of $105,000. The motion carried by the following vote:
I Alameda-Contra Costa Transit District
September 10, 2014 63
Page 11 of 13
AYES:6: Ortiz, Wallace, Williams, Davis, Peeples, Harper ABSENT:1: Young Report on action taken on August 13, 2014 closed session (report of final settlement): MOTION: PEEPLES/ORTIZ to approve settlement in the amount of $49,000 in the matter of Bhatnager v. AC Transit, et at., ACSC HG13703557, Claim No. 12-4121. The motion carried by the following vote: AYES:7: Peeples, Ortiz, Williams, Davis, Young, Harper, Wallace No other reports were given. SA.
Conference with Legal Counsel- Existing Litigation (Government Code Section 54956.9 (a))
Felton Amos v AC Transit, WCAB Case No. ADJ6829222 Bhatnager v. AC Transit, et al., ACSC HG13703557 Claim No. 12-4121
SB.
Conference with Legal Counsel- Potential Litigation (Government Code Section 54956.9(b)) (Two Cases)
sc.
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
SD.
Public Employee Performance Evaluation (GovernmentCode Section 54957) Title: General Manager, Interim General Counsel, District Secretary
SE.
Public Employee Appointment (Government Code Section 54957): Title: General Counsel
SF.
Conference with Labor Negotiators - Board Officers (Government Code Section 54957.6): Agency Designated Representative: Greg Harper, Board President Title: General Manager, General Counsel, District Secretary
9.
AGENDA PLANNING Referred to Operations Director Peeples requested a report from staff on the modifications/improvements that were made to the Gillig 1400 series buses to address complaints and issues raised by the Accessibility Advisory Committee and others about the 1300 series buses.
Alameda-Contra Costa Transit District
September 10, 2014 64
Page 12 of 13
10.
Director Williams requested that the District participate in Eden Area Livability Init iative organized by Alameda Co unty Supervisor Nate Miley.
1
BOARD/STAFF COMMENTS
I I
Members of the Board commented on meetings and events attended \ since the last meeting. i
11.
ADJOURNMENT
I There being no further business to come before the Board of Directors,
I
the meeting was adjourned at 7:14 p.m. The next meeting of the ,I Board of Directors is scheduled for Wednesday, September 10, 2014. , Respectfully submitted,
~1)::/ District Secretary
Alameda-Contra Costa Transit District
September 10, 2014
65
Page 13 of 13
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66
~~ r~r
Report No: Meeting Date:
14-181 September 24, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Accessibility Advisory Committee Minutes of June 10, 2014
BRIEFING ITEM RECOMMENDED ACTION(S):
Consider receiving the Accessibility Advisory Committee minutes of June 10, 2014. EXECUTIVE SUMMARY:
The Minutes for June 10, 2014 were approved by the Accessibility Advisory Committee on September 9, 2014. Major topics included: Review of Fare Changes, and Discussion of Gillig Coaches and Boarding Wheelchairs. BUDGETARY/FISCAL IMPACT:
There is no budgetary or fiscal impact associat ed 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 program s and services for seniors and people with disabilities. The committee 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 Comm ittee . ALTERNATIVES ANALYSIS:
This report does not recommend an action.
67
Report No. 14-181 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 June 10, 2014
Department Head Approval: Reviewed
Prepared
by:
by:
Dennis W. Butler, Acting Chief Planning, Construction & Engineering Officer Robert del Rosario, Director of Service Development Mallory Nestor-Brush, Accessible Services Manager Kim Ridgeway, Accessible Services Specialist Tammy Kyllo, Administrative Coordinator
68
Staff Report 14-181 Attachment 1
AAC Minutes
June 10, 2014 REGULAR MEETING OF THE AC TRANSIT ACCESSIBILITY ADVISORY COMMITTEE (AAC) JUNE 10, 2014
The meeting came to order at 1: 16 p.m. 1. Roll Call and Introduction of Guests AAC members present: Janet Abelson Scott Blanks, Chair Shirley Cressey Pam Fadem Steve Fort Yuli Jacobson Don Queen James Robson Will Scott Marina Villena Hale Zukas, Vice Chair AAC members absent: Patrick Forte (excused) Deborah Taylor
Jim Gonsalves (excused)
Staff:
Mallory Nestor-Brush, Accessible Services Manager Tammy Kyllo, Administrative Coordinator H.E. Christian Peeples, Board of Directors Victoria Wake, Marketing and Community Relations Manager
Guests:
None
2. Order of Agenda The order of the agenda was approved. 3. Approval of Minutes MOTION: FademNillena approved the May 13, 2014 AAC meeting minutes. The motion carried by the following vote:
A YES:8: Abelson, Blanks, Cressey, Fadem, Fort, Robson, Villena, Zukas ABSTENSIONS:3: Jacobson, Queen, Scott ABSENT:3: Forte, Gonsalves, Taylor
Page 1 of 4 69
4. Review of Fare Changes Victoria Wake, Marketing and Community Relations Manager, reported on the fare policy going into effect on July 1, 2014. This policy was adopted by the AC Transit Board of Directors during the December 2013 meeting, following more than a year of development and public input. It is designed to speed up the boarding process, help keep buses on schedule, provide greater convenience and value for customers, and encourage more customers to switch to Clipper. Some basics of the new policy include: • Cash fares will stay the same (with new local discounts on Clipper) • Local bus-to-bus transfers will be eliminated (meaning customers will pay full fare on each boarding or buy a Day Pass) • The new Day Pass will give customers unlimited local rides all day • The price of the Local Adult 31-Day Pass will be reduced In preparation of the fare change, AC Transit has done the following to inform the community: • Outreach - Community meetings, In-person outreach in downtown Oakland between June 25 and July 11 • Advertising and Videos • Fare change brochures on buses • Social Media and Text Messaging Victoria has asked AAC members to help communicate the fare changes to friends and the community by handing out some Fare Change brochures.
5. Chair's Report None. 6. Board Liaison Report Director Peeples reported on the following items: • May 28, 2014 Board of Directors Meeting agenda items included: o Reviewed the budget. o 65% design ofBRT. • The June 11, 2014 Board of Directors Meeting agenda items will include: o Hold Public Hearing on and Adopt Title VI Policies. o Transit service agreement with the City of Oakland for operation of the Broadway Shuttle. o Emeryville Berkeley Oakland Transit Study (EBOTS). EBOTS is a study for improving transit access within the West Oakland-Emeryville-Berkeley area. The study is being managed by the City of Emeryville, working with the Cities of Berkeley and Oakland, AC Transit, BART, Capitol Corridor, Emeryville Page 2 of4 70
Transportation Management Association [ETMA--sponsors of Emery Go Round], and other transit-related entities.
7. Discussion of Gillig Coaches and Boarding Wheelchairs The AAC discussed the Gillig buses and issues they experienced with accessibility. Members gave their accounts of how their transportation has been since the full complement of the 65 Gillig buses have been in service since January 2014. The members concerns include: • Slope of the ramp too steep; are the drivers trained on use ofkneelers? • Not enough aisle width between securement areas. Less room available because securement areas are parallel to each other and flip-up seats are thick. • Turning radius between the farebox and wheelhouse is too narrow. • Modesty panels too wide behind wheelchair securement position. It is difficult for any passenger, strollers, walker, etc. to access rear of the bus. AAC • • • •
Suggestions: Make individual flip up seats with a thin profile and spring loaded (like the Van Hools) Restructure bus so the ramp is in 2"ct door Narrower modesty panel Add stanchions or banisters on steps to the rear of the vehicle
After a long discussion the AAC members would like to see retrofits of existing coaches; time line for the procurement of additional 40' buses and would like the placement of ramp in the second door revisited on new vehicles. The AAC will draft a letter to the Board of Directors expressing their concerns after they organize support from local community groups, and elected officials, and have them sign a letter of support of the AAC position on vehicles.
8. Discussion of Alternate Meeting Locations Staff will update the AAC on alternate meeting locations during the July AAC meeting. 9. Review of Lift/Ramp Road Call Report The report for the period of April27, 2014- May 24, 2014, showed 17liftlramp road calls. Of these 17 roadcalls, 2 were chargeable or mechanical. lO.Review of MCI Fleet Lift Report and Wheelchair Lift Cycling Report- MCI (6000 Series) The Committee reviewed the MCI Fleet Lift Report and Wheelchair Lift Cycling Report. Drivers are continuing to do a great job in cycling the lifts during the pre-trip with the average percentage of cycled lifts above 95% daily with 2 days at 99%. 11. Service Review Advisory Committee (SRAC) Report None. Page 3 of4 71
12. Alameda County Transportation Commission (ACTC) PAPCO Report None. 13. Public Comments None. 14. Member Communications and Announcements Pam Fadem announced that she will be out of town during the next meeting. 15. Staff Communications and Announcements None. 16. Set Next Agenda & Meeting Date The next AAC Meeting will be held Tuesday, July 8, 2014 at 1600 Franklin Street, 2nd Floor, Oakland, CA. Agenda items include Discussion with Training regarding AAC Involvement in Driver Training, and Draft Letter to the Board regarding Gillig Buses. 17. Adjournment The meeting adjourned at 3:24p.m.
Page 4 of4 72
BOARD OF DIRECTORS REGULAR CALENDAR
September 24, 2014 Agenda Items 6A-6E
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74
~I
Report No: Meeting Date:
T.,~;WNS/T
13-305e September 24, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
AC Transit 2014 Title VI Program
ACTION ITEM RECOMMENDED ACTION(S) :
Consider approving the AC Transit 2014 Title VI Program, including the Language Assistance Plan and Public Participation Plan. EXECUTIVE SUMMARY:
Recipients of Federal funds must document their compliance with the Civil Rights Act by submitting an updated Title VI Program to the Federal Transit Administration (FTA) every three years. In 2012, the FTA issued regulations outlining new requirements for programs and reporting requirements, including plans to define how the District conducts public outreach and engages persons with limited English proficiency in its service area. The updated program contains reporting of compliance efforts since the last triennial report and identifies activities for the District's ongoing compliance. The new Public Participation and Language Assistance Plans included in the program contain strategies and tactics for carrying out broad and inclusive public outreach and providing assistance to people who do not speak English very well. The program further describes efforts the District will undertake to implement and monitor its performance. The Board has already approved new Title VI and Environmental Justice policies as required by the FTA; a description of the process the District used to obtain public input into the development of those policies is included in the program as required . The District's program must be submitted by October 1, 2014, and must be approved by the Board of Directors before submission. BUDGETARY/FISCAL IMPACT:
The Federal guidance driving this program update mandates a number of new ongoing procedures, which include data collection and analysis, monitoring of programs and activities, and training. Meeting the new requirements for language assistance is likely to carry the greatest cost. Until recently, the District provided information mostly in English, Spanish, and Chinese. The new regulations require more information to be made available to speakers of other languages as detailed below. Staff proposes creating a District-wide line item in the annual budget, in order to standardize translation efforts across projects. Since money is already being spent for
75
Report No 13-305e Page 2 of 7 translations through individual project budgets, this should not result in a big increase in expenditures. Development of materials and conducting training throughout the District will also carry costs, mostly associated with staff hours. Implementation of other specific recommendations included in the program will carry undetermined costs. As implementation steps are identified, proposals will be included in the District budgeting process.
BACKGROUND/RATIONALE:
Title VI of the Civil Rights Act prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance. Title 49 of the Code of Federal Regulations, part 21 - Nondiscrimination in Federally-Assisted Programs of the Department of Transportation, states, "no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under, any program to which [the law applies]." Recognizing that low income neighborhoods and communities of color disproportionately bear environmental burdens, Executive Order 12898 issued in 1994 mandates a commitment to address Environmental Justice in minority and low income populations, and Executive Order 13166, signed in 2000, requires recipients of Federal financial assistance to provide meaningful access to persons with limited proficiency in English. The FTA has issued guidance to assist transit agencies in compliance with Title VI and the Executive Orders which includes the Title VI Requirements and Guidelines Circular 4702.1B (October 2012), the Environmental Justice Policy Guidance Circular 4703.1 (August 2012), and the FTA Limited English Proficiency Handbook (April 2007). As a recipient of Federal funds, the District must use these directives to ensure that all transit services, access to services, and ability to participate in planning processes are equitably distributed and provided, without regard to race, color, or national origin. A key aspect of the Program is a goal of integrating Title VI and Environmental Justice awareness into the general knowledge base and all activities of the agency. Specific proposals to assist this process are included in all elements of the program. The new Circular requires recipients of Federal funds to engage the public in the decision making process to develop the policies and plans set forward below, and to submit evidence that the Board has approved the Title VI Program. Attachment 1 contains the proposed updated program, covering the period January 1, 2011 to June 30, 2014. Public Participation Plan Guidance provided by the FTA requires the District to have a plan that promotes inclusive public participation and provides early and continuous opportunity for public review and comment. It states, "The content and considerations of Title VI, the Executive Order on LEP, and the DOT [Department of Transportation] LEP Guidance shall be integrated into each recipient's established public participation plan." It should "engage Minority and limited English proficient (LEP) populations [and include] efforts that extend more broadly to include other 76
Report No 13-305e Page 3 of7 constituencies that have been traditionally underrepresented, such as people with disabilities, low income populations, and others." The new Public Participation Plan meets this requirement. Chapter 6 of the Program contains a summary ofthe Public Participation Plan; the full plan is included as Appendix C to Attachment 1. The FTA circular prescribes efforts which include both comprehensive measures as well as targeted measures to address linguistic, institutional, cultural, economic, historical, or other barriers that may prevent minority, low income, and LEP persons from effectively participating in the District's decision-making process. Development of the plan required a series of interviews with AC Transit employees currently responsible for carrying out public participation activities, a review of existing and past plans and activities to assess whether they conformed to current FTA regulations, and preparation of a summary of outreach efforts made since the Title VI Program was last updated. This led to the development of baseline standards that provide guidance to staff for meeting notices, public information, and language assistance. The proposed plan replaces the previous Community Involvement Program adopted in 2001 as Board Policy 502, and contains the following elements: • • • • •
A summary of plan development; A demographic profile of the AC Transit service area; A description of the public participation process; A review of existing public engagement strategies; and A summary of recommended strategies for effectively carrying out public engagement under the new FTA guidelines.
The plan contains strategies that meet the requirements of the guidance and that are feasible. While many of these are easily executed, they will require some additional expenditure. The emphasis throughout is on identifying successful strategies for involving and engaging riders and the public in the entire service area, instead of relying on the status quo and past practice. The recommendations include some strategies recently used in the outreach campaign to solicit input into updating the Title VI policies, such as developing a master list of Community Based Organizations (CBOs) and agencies that serve Title VI-protected populations, and providing documents in the five non-English languages most prevalent in the District. In addition, they include new recommendations for carrying out effective public outreach campaigns, such as: • • •
Continuing to develop partnerships with CBOs to sponsor, organize, and provide translation at outreach events; Requiring staff to consider Title VI and Environmental Justice outreach needs and strategies at the beginning of the planning process for a project; and Establishing a list of public engagement standards to provide baseline guidance to staff.
Language Assistance Plan The FTA Circular C4702.1B requires recipients to submit a plan for providing language assistance to people with Limited English Proficiency (LEP). It defines LEP persons as, "persons 77
Report No 13-305e Page 4 of 7 for whom English is not their primary language and who have a limited ability to read, write, speak or understand English." Elements of the lAP plan must be integrated into the District's Public Participation Plan as well. The FTA 2007 guidance, "Implementing the Department of Transportation's Policy Guidance Concerning Recipients' Responsibilities to Limited English Proficient (LEP) Persons" (also known as the "LEP Handbook"), provides technical assistance to help transit agencies implement language assistance measures. It presents step-by-step instructions for conducting an LEP needs assessment with the use of a four-factor analysis. The four-factor analysis directs the District to assess:
1. The number and proportion of LEP persons served or encountered in the AC Transit service area population; 2. The frequency with which LEP individuals come into contact with AC Transit programs, activities, and services; 3. The importance of AC Transit services to LEP persons; and 4. The resources available to the District and costs. To accomplish this analysis, staff acquired and analyzed demographic data of residents and riders; conducted online and in-person surveys with employees (including Operators and customer call center staff), a selection of riders identified as having Limited English Proficiency, and executives or other staff from CBOs serving communities of LEP, low income, minority, and other typically underrepresented people; and weighed the advantages and costs of a variety of possible language assistance measures. The components of the plan include: •
•
•
•
A focus on improving availability of language assistance tools, including telephone translations services and "I Speak" notification cards, and advertising them to both staff and the public; Making the most of language skills and abilities of employees in all departments including encouraging employees to learn and use languages spoken by LEP persons in the District; Identifying the types of documents and information that should be translated and into which languages. This includes translating "Vital Documents"- those documents which, if only available in English, may present a barrier to LEP persons attempting to access services or participate in planning processes- into the 15 languages identified as "Safe Harbor" languages by the FTA; and Production of materials in multiple languages- Spanish and Chinese for most activities, and other targeted languages depending on the area of the District where a project is being carried out- and using varied methods to inform the public of our commitment to Title VI, Environmental Justice, and language Assistance.
After the Program update is approved by the Board, the District will train staff, particularly those who interact with the public and carry out public outreach campaigns, to ensure recommendations in both plans are carried out.
78
Report No 13-305e Page 5 of 7 Implementation While the FTA requires the District to have plans to promote inclusive public participation and to break down barriers that keep minority, low income, and LEP persons from participating, the guidance also states, "Recipients have wide latitude to determine how, when, and how often specific public participation activities should take place, and which specific measures are most appropriate." The plans included in the Title VI program are intended to be living documents, which can be improved and refined according to more or less successful outcomes, not hard and fast rules. Staff intends to seek out effective and efficient approaches for successful public engagement. AC Transit already conducts many of the activities contained in the plans, including: • • •
Telephone language interpretation services; Translations of many notices and documents into Spanish and Chinese, and providing interpretation at many public meetings; and Partnering with CBOs to reach traditionally underrepresented populations.
One big part of implementing the plans will be standardizing how we conduct these public engagement campaigns across departments. Public engagement activities are carried out by different staff depending on the activity, and therefore don't always follow the same protocols. In the recent campaign to solicit public input into the Title VI policy changes, staff cast a wider net than usual, conducting more meetings with CBOs and translating materials into more languages; this could become the more typical approach. One new provision in the FTA guidance requires recipients to provide translation of vital documents to speakers of "safe harbor" languages. A safe harbor language is one that is spoken by at least 1,000 people in the AC Transit service area. Because of the diversity in the District, 15 non-English languages, including Spanish and Chinese, meet the safe harbor definition. To meet the safe harbor provision, other transit agencies in the Bay Area are determining the best tools and tactics for providing such translation of documents. For example: •
SFMTA provides in their nine safe harbor languages content on their website, a variety of written materials and guides, free language assistance in person at their Customer Service Center and agency-wide via telephone using a language line, and outside translators at meetings and workshops;
•
VTA, with 19 safe harbor languages, developed a Vital Documents Plan to provide guidance on written translation, provides a language line to the public and translation of documents and interpretation at meetings upon request, and partners with CBOs to determine the best way to accommodate target groups; and
•
BART, which has 22 safe harbor languages, provides language line services, interpreters at public meetings, and written language assistance, and develops a geographically focused public participation strategy for projects which includes identification of specific language service needs up front.
79
Report No 13-305e Page 6 of 7 Making the existing telephone language service available to all staff and to the public is one solution to meeting the safe harbor provision without spending significantly more money. Another proposal is to create a District-wide line item in the budget that all departments could draw from for translation costs. Currently such costs are borne by individual projects or activities. For example, translation and interpretation costs for the Title VI policy changes public outreach campaign were approximately $12,800. District-wide in FY13/14, an additional $18,000 was spent for translation and in-person interpretation for various meetings and documents. Depending on the number of campaigns underway, the District spends $25,000 to $35,000 annually for translation and interpretation. Policies Over the last several months, the Board has considered several policies required by the new FTA guidance. After a deep and broad public engagement process, the Board approved the Major Service Change, Disparate Impact and Disproportionate Burden policies, a new Transit Service Monitoring Program, and updated Title VI complaint forms and procedures. These policies are important pieces ofthe Title VI Program. Title VI Program Update In addition to new policies and plans, the general requirements for the Title VI Program include several additional elements. They are: • • • • • • • • • • •
Title VI Notification Procedures; System-Wide Service Standards & Policies; Results of the Transit Service Monitoring Plan; Description of the public engagement process for setting Title VI policies; Analysis of ridership and service area population, including surveys, charts, and maps; Results of Service and Fare Equity Analyses since last program update; Report of racial identity of membership of non-elected committees and advisory boards, and description of recruitment process for such committees; Report of Title VI complaints, investigations, and lawsuits since the Program was last updated; Description of monitoring of subrecipients' Title VI compliance; Report of how staff are informed of their responsibilities under Title VI, including training; and Records of Board review and approval of Title VI policies, plans, and program.
The Title VI Program update must be submitted to the FTA by October 1, and staff anticipates providing Title VI compliance information for the Triennial FTA review in mid-September. Completion and approval of these activities will ensure that AC Transit remains in full compliance with Civil Rights and Environmental Justice mandates.
ADVANTAGES/DISADVANTAGES: The District is required to update its Title VI Program every three years, and to follow FTA guidance when updating the Program. Adoption of the updated Program, including the
80
Report No 13-30Se Page 7 of 7 Language Assistance and Public Participation plans, will make it possible for the District to meet its FTA submission deadline. Adoption of the Program will assist in acquiring public input into the District's policy-making activities, increase the transparency of the District's processes, and expand public confidence in them. It will also help AC Transit continue to be a provider of necessary transportation to the District's most vulnerable populations. Adoption of the Program will lead to changes in the way staff conduct outreach to publicize service and fare changes and to involve the community in planning activities. The cost of these changes is unknown, but will likely require more resources especially to provide translations and to produce documents.
ALTERNATIVES ANALYSIS: Staff found no alternatives that would be in compliance with FTA regulations. Noncompliance may result in a loss of Federal funding.
PRIOR RELEVANT BOARD ACTIONS/POLICIES: Staff Report 13-30Sd Adopt Title VI and Environmental Justice Policies
ATTACHMENTS: 1:
AC Transit Title VI Program 2014
Department Head Approval: Reviewed
by:
Prepared by:
Dennis W. Butler, Acting Chief Planning, Engineering and Construction Officer Robert Del Rosario, Director of Service Development Denise C. Standridge, Interim General Counsel Sally Goodman, Title VI Coordinator Howard Der, Planning Data Administrator Huaqi Yuan, Planning Data Administrator Rebecca Shafer, Intern
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BOARD OF DIRECTORS September 24, 2014
Staff Report 13-305e Attachment 1: AC Transit Title VI Program 2014
AVAILABLE FOR DOWNLOAD AS A SEPARATE FILE
See Staff Report 13-305e -Attachment 1
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Report No: Meeting Date:
T;?91VS/T
14-091a September 24, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Series Versus Parallel Hybrid Technology Evaluation and Recommendation
ACTION ITEM RECOMMENDED ACTION(S}: Consider approving the selection of the British Aerospace Engineering (BAE) series hybrid drive system for installation on twenty-five of the urban transit buses currently under contract with Gillig for production in early 2016. EXECUTIVE SUMMARY: The Board approved the procurement of up to ninety-six (96) 40-foot Gillig buses, including twenty-five (25) hybrid electric buses, and requested staff to report back to the Board on the hybrid platform planned for installation on the new hybrid electric buses. Currently, there are two principal types of hybrid electric systems install ed in heavy duty transit bu ses. The two systems are considered either a series or parallel-type powertrain. Although both hybrid systems will provide better fuel economy and lower engine emissions, staff was directed to provide a recommendation on which hybrid system would be best suited for operation at AC Transit. Based on the analysis of both series and series-parallel hybrid systems, the series hybrid system can provide better performance, fuel economy and lower emissions when utilized in low speed, stop-and-go operation compared to the parallel system . Staff is recommending a series hybrid system when an urban transit bus application is required. BUDGETARY/FISCAL IMPACT: The Metropolitan Transportation Commission (MTC) allows the purchase of hybrid buses using FTA formula funds. The funds cover the cost difference of the basic hybrid bu s option, which does not include auxiliary systems such as electrifying air conditioning, air compressors, and power steering pumps for the hybrid system. The incremental capital cost for the basic parallel and series hybrid systems is as follows: • •
$216,000 $195,000
Allison Series-Parallel Hybrid System BAE Series Hybrid System
85
Report No. 14-091a Page 2 of 5 BACKGROUND/RATIONALE: On July 9, 2014, the Board approved the procurement of up to ninety-six {96) 40-foot Gillig buses, including twenty-five {25) hybrid electric buses. At that time, the Board requested staff to report on the hybrid platform planned for installation on the new hybrid electric buses. The following analysis identifies the advantages and disadvantages of the parallel and series hybrid platforms currently available for transit buses. Parallel Hybrid Drive System In a parallel hybrid system, both the engine and the electric motor have direct, independent connections to the transmission. Either power source, utilized together or separately, can be used to propel the vehicle. These vehicles are designed so that the combustion engine provides power at higher vehicle speeds, the electric motor provides power from vehicle stops and at low speeds, and both power sources work together during acceleration. Parallel hybrid systems are well suited to improve fuel economy of transit vehicles and trucks with higher average road speeds. Allison Transmission provides a series-parallel hybrid transmission that incorporates a hydraulic transmission with clutches and electric motors (a power split device), allowing for power paths from the engine to the wheels that can be either mechanical or electrical. With this hybrid system, the engine must be running at all times for the vehicle to operate, and there are no start/stop engine options provided to help further reduce fuel consumption. Series Hybrid Drive System In a series hybrid system, the engine is not directly linked to the transmission for mechanical driving power. Rather, all the energy produced from the engine is converted to electric power by a generator that recharges an energy storage device to provide power to the electric motor that propels the vehicle. Because the combustion engine is not directly connected to the wheels, it can operate at a more optimum rate and can be automatically or manually switched off for temporary all-electric, zero-emission operation. BAE Systems provides a series hybrid system for use in heavy duty bus applications where the vehicle is driven only by the electric motor, with a generator providing the electrical power. Series hybrid systems lend themselves to future plug-in and zero emission technology, and achieve better performance for transit vehicles with low speed, stop-and-go operation. Bus Manufacturer Surveys Bus manufacturers were contacted to determine the current orders for the two hybrid systems. The composition of hybrid systems on order varies based on the bus manufacturer. Total Gillig hybrid sales equal approximately 25% of total bus production. Gillig has installed more Allison hybrid systems, since they only began the installation of the BAE systems in the past two years. Total New Flyer hybrid sales equal approximately 19% of total bus production with installation of an equal amount of Allison and BAE hybrid systems. New Flyer has installed hybrid drive systems on their 35-foot, 40-foot, and artie configurations.
86
Report No. 14-091a Page 3 of 5 Current Series and Parallel Hybrid Bus Sales Percentage of Total Production by Manufacturer Manufacturer
Allison
BAE
Gillig
75%
25%
New Flyer
50%
50%
Altoona Test Results To provide hybrid fuel economy and performance comparison data, staff reviewed hybrid performance data from the Altoona Bus Research and Testing Center, operated by the Larson Institute at Penn State. The performance data provided was from two New Flyer hybrid buses, one with the Allison system and one with a BAE hybrid system. Fuel economy and performance tests were performed using the same test track and distance for a comparison. The fuel economy numbers show that the BAE hybrid had a 15% better fuel economy on central business district routes, and slightly better fuel economy on the higher speed commuter routes. Hybrid Average Fuel Economy Test Results (MPG} Central Business District Route 4.75 5.46
Hybrid System Allison BAE
Commuter Route 7.57 7.79
Hybrid Bus Performance Summary in Seconds Hybrid System Allison BAE
0-10 MPH 4.92 3.66
0-20 MPH 9.55 7.04
0-30 MPH 16.23 12.36
0-40 MPH 25.53 20.45
0-50 MPH 37.96 33.35
Hybrid Battery Technology Currently, BAE and Allison provide different battery technologies in their hybrid systems. BAE systems utilize lithium ion batteries and Allison Transmission utilizes nickel metal hydride batteries for energy storage. As in comparing hybrid technologies, hybrid batteries also have advantages and disadvantages. Battery Characteristics Lithium-Jon Highest density of two chemistries No memory effect Light weight
Nickel Metal Hydride High energy storage capacity Limited memory effect
The primary difference between nickel-metal hydride and lithium-ion batteries is with energy storage. Nickel has a lower energy density than lithium, resulting in a larger and heavier nickel battery as compared to a lithium-ion battery, with the same power and energy storage capacities. From the standpoint of efficiency, lithium-ion batteries have an advantage in applications where extremely high energy storage is necessary for use in long range electric vehicles. Nickel metal hydride batteries have been prohibitively large and heavy, hence the recent trend towards lithium-ion. 87
Report No. 14-091a Page 4 of 5
Transit Cooperative Research Program (TCRP} Report 132 Assessment of Hybrid-Electric Transit Bus Technology Findings Advantages and Disadvantages of a Series Hybrid System Advantages
Disadvantages
Engine configuration is relatively easy and
Most suited to city-type driving.
simple to control. Engine is able to operate in the area of peak
Energy loss by generator and motor
efficiency more often Engine is more efficient at lower speed and
Has a relatively large battery energy loss.
at high load, which result in superior fuel economy. Allows
the
optimization
of
engine
Engine, generator and motor in addition to the
technology.
energy storage device contribute to vehicle mass.
Can reduce transient load demands on the engine, which leads to lower emissions. Excellent dynamic performance
at low-
speed acceleration.
Advantages and Disadvantages of a Series-Parallel Hybrid System Disadvantages
Advantages Offers flexibility in engine operation.
Design is complex
Provides freedom in managing engine speed
Control is complex
and torque verses vehicle speed and lower demand. Can provide high fuel economy and reduced emissions. Based on the information gathered on hybrid systems and battery technologies, staff is recommending a series hybrid system when an urban transit bus application is required.
ADVANTAGES/DISADVANTAGES: Based on the current funding available to cover the diesel hybrid option in this purchase, there are no disadvantages to purchasing diesel hybrid buses.
ALTERNATIVES ANALYSIS: The alternative to this recommendation is to continue purchasing standard diesel buses. These buses would provide lower fuel economy and higher engine emissions compared to their hybrid counterparts. 88
Report No. 14-091a Page 5 of 5
PRIOR RELEVANT BOARD ACTIONS/POLICIES: Staff Report 14-091 Procurement of up to ninety-six (96) 40-foot buses.
ATTACHMENT(S): None
Department Head Approval:
James Pachan, Chief Operating Officer I Interim Chief Financial Officer
Reviewed by:
Denise C. Standridge, Interim General Counsel
Prepared by:
Stuart Hoffman, Manager of Technical Services
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~I
Report No:
T/'?9/V.S/T
Meeting Date:
14-243 September 24, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Boardroom Modernization, Project ID P2012
ACTION ITEM RECOMMENDED ACTION(S):
Consider approving the Board Room Modernization design.
EXECUTIVE SUMMARY:
The Board Room Modernization Project will provide much needed flexibility to the Board Room, expanding and enhancing the space for seminars, trainings, examinations, Board retreats, and joint meetings. Stationary audience seating will be replaced with flexible, interlocking chairs. The uncomfortable audience chairs and other interior finishes are overdue for replacement. In addition, this project will resolve numerous technical problems. Adequate electrical power for the dais will be installed to prevent failures of various communication devices. Outdated, unreliable devices and components will be replaced by modern audio-visual equipment. Highly directional microphones will improve sound quality, and sound absorbing wood paneling will improve acoustics. Large, flat-panel screens will replace the existing, roll-down screens to improve viewing of presentations by the audience and the Board. An adjustable lectern will replace the broken one, providing a range of electrical and data connectors for presenters. BUDGETARY/FISCAL IMPACT:
The budget for the design and construction of the project, including equipment already purchased and installed, are included in the table below. The construction cost estimate is completed at the SO percent design stage and will likely change when the full design and specifications are complete. Fund Source
District Federal Grant Total
District Labor
17,499 0 17,499
Completed Repairs
40,371 0 40,371
91
A&E Contract
102,623 0 102,623
Construction Budget
73,903 215,604 289,507
Total
234,396 215,604 450,000
Report No. 14-243 Page 2 of 3 BACKGROUND/RATIONALE:
The purpose of the Board Room Modernization Project is to improve the overall functionality of the meeting space by correcting electrical problems; upgrading critical systems such as the microphones, speakers, and elements of the audio/visual system; replacing worn carpeting and acoustic treatments; and installing a cooling system for critical information technology systems and equipment. In addition, and probably the most notable change will be the removal of the existing fixed seating in the Board Room, which will be replaced with flexible seating - interlocking chairs that can be rearranged. The existing fixed seating severely limits the use of the space because it prevents other uses that require different seating arrangements. Having flexible seating will greatly expand the use of the room to accommodate other functions such as seminars, trainings, examinations, Board retreats, and joint meetings. In addition, it will provide the Accessibility Advisory Committee with a more suitable setting for their meetings that can not only accommodate the needs of the committee members, but also provide members of the public with greater access to attend the meetings. In addition, the Project will also provide for the replacement of the worn carpeting throughout the second floor, including the lobby, conference room, and offices. This Project will resolve numerous technical problems. The current audio-visual technology is dated and poses constant problems and recurring failures. In addition, the electrical power at the dais is not sufficient to support the Board Members' electronic devices. The audio is not well distributed in the space, making it difficult for some audience members to clearly hear the proceedings. In addition, the projection screen, when extended, prevents a clear view of both the Board and audience and is not situated comfortably for presenters. Over the last two years, several components have failed and have been replaced in order to maintain the room's functionality. This includes the primary audio amplifier, the touchscreen control panel at the District Secretary's desk, and the touchscreen's back-end controller. The Granicus streaming audio server has also been upgraded to support audio formats used on Apple's OS-X and iOS operating systems. As part of this Project, flush, floor-mounted electrical outlets and communication terminals will be distributed in the audience area to support presentations and integrate with the new flexibility. An adjustable lectern will replace the broken one, providing a range of electrical and data connectors for presenters. The orientation of the District Secretary's and Executive Staff's desks will be changed to improve their view of Board Members. Additional electrical power circuits will be installed on the dais to resolve the power shortage and prevent Board members' electronic devices from failing. A cooling system will be installed in the equipment room to provide a proper operating environment for its expensive equipment. The audio quality will be improved by replacing the existing, suspended speakers with new, smaller speakers which will be distributed in the ceiling throughout the audience area. The microphones are well past their useful life and are overdue for replacement. New, directional microphones with a high degree of peripheral noise cancellation will result in a higher quality input, thus a higher quality of output. The video projection screen and projectors will be removed and replaced with two large flat monitor screens on the wall, off-center behind the 92
Report No. 14-243 Page 3 of 3 dais. New fabric will be installed on wall panels with a wood, sound-absorbing wainscot below to enhance sound quality and prevent feedback while being easier to maintain than the existing fabric surface which is stained and worn. With the placement of the two large flat monitor screens, the Board needs to decide whether it would like to view presentations on their tablet devices or have individual monitors at the dais. In addition to presentations, individual monitors would be used to view videos shown at Board meetings which would not be accessible via a tablet device. ADVANTAGES/DISADVANTAGES:
As a result of this project, Board Room proceedings will not be interrupted by technical failures. In addition, Board Members will have a reliable power supply for their electronic devices, all parties will have an unobstructed view of each other, and the audience space can easily be modified to accommodate a specific function via flexible seating. Clearly, one of the drawbacks of the Project is the cost; however, many of the proposed modifications are necessary to just keep the room in operation (i.e. microphones, speakers, electrical repairs, cooling system, etc.) while others that are more cosmetic in nature will enhance the longevity and durability of the space and make it easier and cheaper to maintain in the future. During construction, Board meetings will be held at alternative locations for an estimated two months. ALTERNATIVES ANALYSIS:
One alternative is to postpone the project. This will cause further deterioration of the interior finishes, the audio/visual equipment and cause ever greater interruptions during Board meetings. Another alternative may be to do the modernization in stages. This will cause every phase to be more expensive as previously upgraded features will have to be removed/repaired/reinstalled by the new construction. This also means that the Board Room will be under a constant state of repair, which will be disruptive to those who use it on a regular basis. PRIOR RELEVANT BOARD ACTIONS/POLICIES:
None ATTACHMENT(S):
None
Department Head Approval: Reviewed by: Prepared by:
Dennis W. Butler, Acting Chief Planning, Engineering and Construction Officer James Pachan, Interim Chief Financial Officer linda A. Nemeroff, District Secretary Magnus J. Hienzsch, Project Manager
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Report No: Meeting Date:
14-241 September 24, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
AC Transit Board of Directors
FROM:
Linda A. Nemeroff, District Secretary
SUBJECT:
Appointments to the ATU Local192 Retiree Medical Trust Board of Trustees
ACTION ITEM RECOMMENDED ACTION(S): Confirm the appointment of the Interim Chief Financial Officer and Internal Audit Manager as Employer Trustees to the ATU Local192 Retiree Medical Trust Board of Trustees. EXECUTIVE SUMMARY: The Trust Agreement for the ATU Local 192 Retiree Health and Welfare Trust was approved by the Board of Directors on July 29, 1998, and became effective on July 1, 1998. As part of the agreement, a Board of Trustees, which currently consists of two Union Trustees and two Employer Trustees, was created to administer the trust. Due to recent vacancies, two interim appointments for employer representatives were made. These appointments must be confirmed by the Board. The appointees will serve at the pleasure of the Board until their successors are appointed. Staff recommends that the Board confirm the appointment of the Interim Chief Financial Officer, James Pachan and the Internal Audit Manager, Alan Parello. BUDGETARY/FISCAL IMPACT: Members of the Trust Board are not compensated for their participation on the Committee; therefore, there is no budgetary or fiscal impact associated with this report.
BACKGROUND/RATIONALE: The Trust Agreement for the ATU Local 192 Retiree Health and Welfare Trust was approved by the Board of Directors on July 29, 1998, and became effective on July 1, 1998. As part of the agreement, a Board of Trustees was created to administer the trust. The Board currently consists of two Union Trustees and two Employer Trustees; however, the number of trustees can be changed from time to time by the Board of Trustees provided that the positions open to Employer Trustees and Union Trustees remain equal in number. The Trust Agreement provided in Attachment 1 states that the method of appointment of Employer Trustees is as follows: "Employer Trustees shall be appointed by and serve at the pleasure of the Employer. Appointment and removals shall be made by a written instrument delivered to the Joint Board which is signed by the President or Vice President of the Employer's Board of Directors. If a 95
Report No. 14-241 Page 2 of 3
vacancy is not filled within sixty (60) days after written notice to the appointing party, any remaining Employer Trustees shall fill the vacancy within thirty {30} days after the initial 60-day period expires. Any person appointed by the Employer Trustees to fill a vacancy shall serve at the Employer's pleasure in the same manner as though appointed by it." In April, the District Secretary's Office was notified that there was an immediate need for the Board President to provide written notice of an interim appointment to the Trust Board to replace the existing Employer Trustee. With no information available on how appointments were made in the past, the Board President signed the letter appointing Mr. Pachan. Subsequently, the Trust Agreement was reviewed only to find that it contained little information about the appointment process. It addition, it did not specify whether the Board was the appointing authority or the Board President. In August, a second request to fill a vacancy on the Trustee Board was received, and a letter from the Vice President (in the absence of the President} was executed appointing Internal Audit Manager Alan Parella as an interim Employer Trustee. Both of the aforementioned appointments were made on the cusp of pending meetings of the Trustee Board with little notice. The second request for appointment prompted further research into the background of the Trustee Board, which revealed that the initial appointment of the Employer Trustees was made by the Board of Directors. The District Secretary's Office found no other records or correspondence to indicate the Board had made any appointments since the initial appointments in 1998. For the time being, it is requested on behalf of the General Manager that the appointments of the Interim Chief Financial Officer and Internal Audit Manager be confirmed by the Board. Filling Future Vacancies
Until the Board determines otherwise, vacancies that need to be filled in the future will be brought to the Board for approval. If circumstances require immediate action to fill a vacancy, staff requests that the Board President have the authority to make an immediate appointment based on a recommendation from the General Manager, which will be subject to confirmation by the Board at its next meeting. ADVANTAGES/DISADVANTAGES:
There are no advantages or disadvantages associated with this report. ALTERNATIVES ANALYSIS:
Staff considered asking the Board to defer the appointment of the Employer Trustees to the General Manager, but does not make that recommendation at this time. If the Board so desires, it can consider this path when making future appointments if it feels it is warranted.
96
Report No. 14-241 Page 3 of 3
PRIOR RELEVANT BOARD ACTIONS/POLICIES: GC Memo No. 98-186a: Approval of the Trust Agreement of the ATU local 192 Retiree Health and Welfare Trust
ATTACHMENTS: 1:
Trust Agreement
Reviewed by: Prepared by:
David J. Armijo, General Manager Denise C. Standridge, Interim General Counsel Linda A. Nemeroff, District Secretary
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98
Staff Report 14-241 Attachment 1
--------. ------ -····-·- ---- . .:__ ---- -------------- ____
:...,._
______________________________ ----------·---------··· ·-----
TRUST AGREEMENT OF THE ATU LOCAL 192
RETIREE BEALm & WELFARE TRUST Efl'eetive July 1, 1998
'
99
TABLE OF CON'fENTS ~
ARTICT .E I • DEFJNITIONS ..................................................................................................... 1 BBNEPICIAit"' . -·-·-···- ............- - - - - - - - - - - - - · · - -..-----------· ----- - - --section 1. - - • ...................................................................................................... 1 section 2. RRIIiRWs .............................................................................................................. 1 Section 3. BOARD OF TRUSTEES ........................................................................................ 1 Section 4. COl J.ECTIVE BARGAINING AGREEMENT ...................................................... 2 Section 5. DEPENDENT ......................................................................................................... 2 Section 6. CORPQRATE CO-TRUSTHB ................................................................................ 2 Section 7. EMPLOYEE ........................................................................:.................................. 2 Section 8. BMPI.OYEB CONTRIBUTIONS ........................................................................... 2 Section 9. EMPL0YBR........................................................................................................... 2 Section 10. EMPLOYER CONTRIBUTIONS ......................................................................... 2 Section 11. EMPLOYER TRUSTEE ....................................................................................... 3 Section 12. JOINT BQARD ..................................................................................................... 3 Section 13. ~ .................................................................................................................... 3 Section l4. TRUST AGRBBMENJ' ......................................................................................... 3 Section 15. TRUST FUND ...............;...................................................................................... 3 Section 16. TRll$TBR............................................................................................................. 3 Section 17. UNION ................................................................................................................. 3 Section 18. UJ'DON TRUSTRR ............................................................................................... 3 ARM.E n.TRUSTEES ........................................................................................................... 3 Section 1. NJTMRBR OF TR.USIBBS ..................................................................................... 3 Section 2. METHOD OF APPOINTMBNI OF UNION TR.U!ITBRS ...................................... 4 Section 3. MJmiOD OF APPOINTMENT OF BMPJPVRB TR.USTEB$ ............................ .4 Section 4. TERM OF OFFICE ................................................................................................. 4 SectionS. OFfTCRllS .............................................................................................................. 4 Section 6. MRHTINGS ............................................................................................................ 4 Section 7. OUORQM............................................................................................................... S Section 8. METHOD OF YQTING.......................................................................................... S Section 9. DEADLOCKS AND ARBITRATION .................................................................... S Section 10. BXECUIION OF INSTlllJMENIS ...................................................................... 6 Section 11. COMPiiNSATION OF TRUSTEES ...................................................................... 6 Section 12. DBA!.JNGS WITII JOINT BQARD...................................................................... 6 100
AR1JCLE m-CRRA.TION. PURPQSE. AND APPUCATION OF TilE TRUST FUND ........... 7 Section 1. TllUST FtJND ........................................................................................................ 7 Section 2. PURPOSE OF TRUST............................................................................................ 7 Section 3. PI.AN......................................................................................................................7 . ·-·---··---
.8ectionA
APPI .TCATJON OF THE FUND--·----------- ....·---·· ____.. __________,_.. _______-"'---------..
-
.. · - - - - - - --·•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• I
Section 5. LIMITATION OF RIGHTS TO TRUST FUND ..................................................... 9 ARTICLE IV-APMINISIRATION OF THE TRUST FUND .................................................... 9 ARTICLE Y-COIJ..ECTION OF CONiRmuTIONS .............................................................. 10 Section 1. PAYMENT OF CONTRIBUTIONS ..................................................................... 10 Section 2. DlJEDATE .......................................................................................................... 11 Section 3. Dm INOJJENT CONTRIBUTIQNS ..................................................................... 11 Section 4. RECQRD'JCRRl)ING AND AUDITS ..................................................................... 11 Section 5. CQTI.FCTION ACTIQNS .................................................................................... 12 Section 6. R£UlRN OF CONTRIBUTIONS ......................................................... :.............. 12 Section 7. COOPEBATION WITH JOINT BOARQ.............................................................. 13 ARTICJ .E VI-APMINJ$TRATION OF THE PLAN ........................:....................................... 13 ARTJCJ.B VII-LOOTATION OF IJARP.TTY ......................................................................... 14 Section 1. IJARPJTY OF TRUSIEES ................................................................................. l4 Section 2. TJARJJJTY OF UNION. EMPLOYERS. TRUSTEES.ANP INSURANCE CWTB'R OR EVICE AQENCY ..................................................................................... 14 Section 3. LEGAL ACTION BY TRUSTEES ....................................................................... 14 Section 4. COST$ OF StJ1T .................................................................................................. l5 Section 5. FIDW.TTYBONDS AND IN$URANCE .............................................................. I5 ARm.E vm-CORPOBATE co-TRusTEE......................................................................... I5 Section 1. APPOINTMENT .................................................................................................. 15 Section 2. ~ AL POWERS ...,. ....................................................................................... 15 Section 3. DJRBCTIONS FllOM THB JOINT BOARD ........................................................ 16 Section 4. RECQRDS AND BBPQRTS ................................................................................. l6 Section 5. RESIGNATION ORBEMOVAI............................................................................ 16 ARTICI·B IX-.AMBNDMBNT.................................................................................................. I7 Section l. AMENPM:ENTS ................................................................................................... 17 Section 2. MANPATORY AMRNP'MBNTS ......................................................................... 17 Section 3.JRANSFEilOF ASSETS TO ANOJHERRHNBFTT TR.UST .............................. 18 ARM.E X-TBRM1NATION OF TRUST .............................................................................. 18 Section 1. GENBRAI.................................................................................................... :........ I8 Section 2. TERMINATION ................................................................................................... 18 101
ARTICJ.H XI-MISCRT.ANRQUS ............................................................................................. 18 Section 1. SITIJS AND CONSTllUCTION OF TRUST ........................................................ 18 Section 2. NOTICE$ ............................................................................................................. 19 SectionJ. SE"fiRABBI·ITV ...................................................................................... :........... 19 -----···------------·--·-· -------~· -----------·---------------------·---·-
102
TRUST AGREEMENT OF THE ATULOCAL 192 RETIREE HEALTil AND WELFARE TRUST Etfective July 1, 1998 ---~-------·-·-------·--·-·-····-----------------···-·--
This Trust Agreement is entered into this ~y of by and between the Trustees whose names and signatures appear at the end of this Agreement.
·--·.
WITNESSETH: WHEREAS, through the process of coUective bargaining, the Employer and the Union, as hereinafter defined, agreed to the establislunent of a Retiree Health and Welf8re Fund into which there would be paid such sums, and under such tenns and conditions, as are now or may hereafter by provided for in coUective bargaining agreements; and in which the Union, for itself and its members, and the Employer, agreed to enter into and be bound by a Trust Agreement establishing such Heslth and Wei1Bre Fund; and WHEREAS, the parties desire to mlintsin the Trust in confonnity with the applicable · requirements of all applicable state and federal laws and to maintain the qualification of the Trust under the pertinent provisions of the Internal Revenue Code as an exempt trust. NOW, THEREFORE, in consideration of the premises and in order to provide for the maintenance of the aforesaid Trust, to be known as the ATU LOCAL 192 RETIREE HEALTH & WELFARE TRUST, hereinafter referred to as the "TRUST", it is understood and agreed as foUows:
ARTICLE I DEFINITIONS Section 1.
BENEFICIARY
"Bfl!!!!fis:iery" means any individual who is entitled under the Plan, by virtue of a Participant's death, to receive a Benefit due to the Participant. Section 2. "Benefits" means those payments or services to which the participants and beneficiaries are or may become entitled under the Plan adopted by the Board of Trustees. Section 3.
BOARP OF TRUSTEES
"Board of Trustees" or "TruotMs" means the group of individuals appointed to administer the Trust pursuant to ArticleD of the Trust Agreement. As a group they may be referred to as the "Board," "Board of Trustees" or "Trustees". 103
Section 4.
CQil.FCTIVE BARGAINING AGRHRMBNT
"CoUectiye Bqining Asreement" means the collective bargaining agreement between the Alameda-Contra Costa Transit District and ATU Local 192 concerning the wages, hours and working conditions of all employees of the District represented by the ATULocall92. SectionS.
DEPENDENT
"De.pendent" means the lawful spouse of an Eligible Retiree or Eligible Employee. Section 6.
CORPORATE CQ..TRUSTEE
"COJliOI'Blfl co-trustee" means any bank or trust company appointed by the Board as provided herein. · Section 7.
BMPLQYRR
"Employee• means any person covered by the collective bargaining agreement between the District and ATU Local 192 and any officer of the Union for whom contributions are made to this Trust by the Union. Section 8.
EMPL0XBB CONTRIBUTIONS
"Employee Contributions" means any payment made or required to be made to the Trust Fund by any Employee. Section 9.
"Enmlover" means the Alameda-Contra Costa Transit District, also known as the "District",. aCting through its Board of Directors. Section 10.
EMPLOYER. CONTRIBUTIONS
"Employer Contn.'butions" means payments made or required to be made to the Trust Fund by an Employer on behalf of Employees as set forth in the Collective Bargaining Agreement.. Section 11.
EMPLOYER TRUSTEE
"Employer Trus@e" means any Trustee designated solely by or on behalf of the Employer. Section 12.
JOINT BOARD
"Joint Board" or "B9Am" means all Trustees, including Union Trustees and Employer Trustees.
104
Section 13.
PLAN
"lAin" means one or more documents entitled "ATU LOCAL 192 RETIREE HEALTII AND WELFARE PLAN." The Plan, as '!:'.lended from time to time, is incorporated herein by reference and made a nso~ :: :" Ulis Trust Agreement.
...... _____ ------SecticiiiT4.- TRVST AGRF.iii.z:;NJ ----------· ----------------------------------.. "Trust Asreement" means this instrument, including all amendments and modifications thereto. Section 1S.
TRUST FUND
"Trust Fund" and "Imll" mean the fund created and established in Article W herein. Section 16.
TRUSTEE
"Trustee" means any person designated as a Trustee pursuant to Section 2 or Section 3 of Article D of this Trust. Section 17.
UNION
".unilm" means ATU LOCAL 192. Section 18.
UNION TRUSTEE
"Union Trustee" means any Trustee designated solely by the Union or on behalf of theUnion. ·
MOOED TRUSTEES Section 1.
NUMBER OF TR.USTEBS
The Joint Board, who shall be the Trustees of the Trust Fund created and established hereunder, shall consist of an even IWDlber of individuals, half of whom shall be known as "Union Trustees" and half of whom shall be known as "Employer Trustees. • The total authorized number of Trustees is four, but this number may be changed from time to time by the Joint Board, so long as the positions open to Employer Trustees and Union Trustees remain equal in number. Section 2.
METIIQD OF APPOINTMENT OF UNION TRUSTEES
Union Trustees shall be appointed by and serve at the pleasure of the Union. Appointments and removals shall be made by written instruments delivered to the Joint 105
Board which are signed on behalf of the Union. If a vacancy is not filled within sixty (60) days after written notice to the appointing party, any remaining Union Trustees shall fill the vacancy within thirty (30) days after that sixty-day period expires. ~Y person appointed by the Union Trustees to fiR a vacancy shall serve at the Union's pleasure in the same manner as though appointed by it. ··--·--------Section 3.
METHOD OF ArPOINTMHNT OF EMPLOYER TRUSTEES.
Employer Trustees shall be appointed by and serve at the pleasure of the . Employer. Appointments and removals shall be made by a written instrument delivered to the Joint Board which "is signed by the President or Vice-President of the Employer's Board of Directors. If a vacancy ia not fiRed within sixty (60) days after written notice to the appointing party, any remainiDs Employer Trustees shall fill the Vllllllcy within thirty (30) days after the initial sixty-day period expires. Any person appointed by the Employer Trustees to fill a vacancy shaD serve at the Employer's pleasure in the same manner as though appointed by it Section 4.
TERM OF OFFICE
Each TlllStee shall begin serving at the time specified in the appointing instrument (or upon receipt of that instrument, if it does not specify a time), but not before signing a written acceptance of appointment.
Section 5.
OfFTCRRS
The officers of the Joint Board shall be a Chairperson and a Secretary, one of whom always shall be an Employer Trustee and one of whom shall always be a Union Trustee. The Joint Board may provide for such additional officers as it deems appropriate. Section 6.
MRRTINGS
The Joint Board shall detennille the time and place for regular periodic meetings, which shall be held at least semi-annually. Special meetings may be called by either the Cbaiqlerson or Secretary or by any two Trustees upon at least five days written notice to all other Trustees. A meeting shall be valid, even if proper notice is not given, but only if all TI'UStees then serving are present or if all absent Trustees, waive notice in writing either before or after such meeting. Notice of the meetings ot:the Board and the conduct of the meetings shall be in accordance with applicable law.
Section 7.
QUORQM
To constitute a quorum, there must be present at least one-third of the Employer Trustees then serving and one-third of the Union Trustees then serving.
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Section 8.
MEIHOD OF VOTING
The Employer Trustees present at any meeting shall share equally as many votes as there are authorized Employer Trustees, and the Union Trustees present at any meeting shall share equally as many votes as there are authorized Union Trustees. ·-------------··-·--·-···-TiielJiilon Trustees' total authorized voting power shaliliecast majority vote of the Union Trustees present and voting.
asa unit ·by ··-· -·-·-·
The Employer Trustees' total authorized voting power shall be cast as a unit by majority vote of the Employer Trustees present and voting. Section 9.
DEADLOCKS AND ARBITRATION
A deadlock shall be deemed to have occurred with respect to any matter voted upon by the Joint Board which results in a tie vote. A deadlock shall also be deemed to have occurred if there is a tie vote among either the Union Trustees or the Employer Trustees on any matter. In the event of a deadlock, the matter shall be submitted to arbitration upon the request of any Trustee. The Joint Board shall agree upon a person to serve as arbitrator. If an asreement is not reached within 30 days of the request for arbitration, any Trustee may petition the Court with jurisdiction over the area where the Trust has its principal office to appoint the arbitrator. The arbitrator shall determine the procedures to be foUowed in the arbitration, modeled on the rules for arbitration of the American Arbitration Association.
AU expenses incurred by the Joint Board in connection with the dispute, including legal fees, shall be paid by the Trust. No other party who may participate in the arbitration may recover its costs of advocacy unless specifically allowed by the arbitrator, the Ioint Board or as required by law. · Unless otherwise prohibited hereunder, any matter within the jurisdiction of the Joint Board may be submitted to the arbitrator as provided above, but unless specifically provided elsewhere herein, the arbitrator shall have no power to add to or aubtract from, alter, or chimse the provisions of this Trust Asreement, the Plan, or any coUective bargaining agreement or other agreement requiring contn'butions to the Trust Fund. The decision of the arbitrator, so long as it does not go beyond the scope of such arbitrator's authority, shall be final and binding upon all parties to the dispute. Section 10.
EXECUTION OF INSTRUMBNIS
The Joint Board shall authorize such persons as it deems appropriate to execute checks drawn on any bank accounts maintained by it, or to issue checks bearing filcsimile signatures of such persons. Furthermore, any two Trustees, one of whom is an Employer Trustee and one of whom is a Union Trustee, may execute any contracts or other legal documents on behalf of the Trust if so authorized by the Joint Board. Instructions to any 107
Corporate Co-Trustee or investment manager, or, other communications, shall be similarly executed or may be executed in such other manner as the Joint Board may have previously authorized. Section 11.
COMPENSATION OF TRUSTEES
---··--· ..-···---The Trustees shall serve without compensation from the. Trust FuruC The Trustees-· ----·· may be reimbursed for their reasonable expenses actually incurred in coMection with meetings of the Joint Board or other authorized business of the Trust. Section 12.
DEAT.INGS Willi JOINT BOARD
No person, partnership, corporation, or association dealing with the Joint Board shall be obliged to see to the application of any funds or property of the Trust Fund, or to see that the terms of this Trust Aareement have been complied with, or be obliged to inquire into the necessity or expedience of any act of the Joint Board; and every instrument executed by the Joint Board, whether executed by all of them or in the manner specified in Section 11 above, shall be conclusive in favor of any person, partnership, corporation, or association relying thereon, that: (a) At the time of delivery of said instrument, this Trust Agreement was in full force and effect, and (b) Said instrument was executed in accordance with the terms and conditions of this Trust Aareement, and
(c) The Joint Board were duly authorized and empowered to execute such instrument.
ARmsm CREATION. PURPQSR. AND APPLICATION OF THE TRUST FUND Section 1.
TRUST FUND
The Trust Fund hereby created and established shall comprise the entire assets hereof; including those derived from Employer Contributions and Employee Contn'butions, together with all contracts (mcluding dividends, interest, refunds, or other sums payable to the Trust on account of such contracts), all investments made and held by the Joint Board for the purposes of this Trust, all income therefi-om and any other property received and held by the Board by reason of the Trustees' acceptance of this Trust Agreement. Coiltributions receivable with respect to an Employee shall be due and payable at the time and place specified by the Board. The Joint Board is hereby designllted as the person to receive Employer Contributions and Employee Contn'butions, and the Board is vested with all right, title and
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interest in and to the Trust Fund for the uses, purposes and duties set forth in this Trust Agreement Section 2.
PIJRPOSE OF TRUST
The Trust Fund is created, estabHshed and maintained for the purpose of providing --- ·- -- --------------- BenefitS for the retired Brilployees and their Dependents as defined in the Plan. The Joint ------· Board agrees to receive the Trust Fund and to hold and administer the Trust Fund for those purposes only and to set aside all assets of the Trust Fund for the purposes stated herein. · Section 3.
PLAN
The 1oint Board is hereby empowered, authorized and directed to estabHsh the Plan, which shall defuie the Benefits to be provided, the conditions of eligibility for such benefits, the tenns of payment. and such other items as the Board shall deem it necessary to include. The aforesaid terms of the Plan shall be determined by the 1oint Board in its sole discretion, and shall be subject to change by the Board retroactively or otherwise from time to time; provided, however, that the intent of the Trust Agreement is that at all times the Trust Fund will confonn to all sppHcsble state and federal laws and will qualifY as an "eXempt Trust" under the relevant sections of the Internal Revenue Code or any successor thereto. Section 4.
APPUCATION OF TilE FUND
The Joint Board shall have the power to use and apply the Trust Fund for the following purposes: (a) To pay or provide for the payment of all reasonable and necessary expenses, costs, and fees incwted by the 1oint Bo.ard in connection with the maintenance of this Trust Fund, including the employment of such actuarial, legal, .and expert assistance as the 1oint Board in its discretion deems necessary or appropriate in the perfonnance of its duties To pay or provide for the payment of any property taxes, income taxes and other taxes or assessments levied or assessed under existing or future Iavis upon or in respect of the Trust Fund or any money or property forming a part thereof. (b)
(c)
To maintain such'reserves as it deems appropriate;
(d) To make deposits and payments pursuant to the Plan and to any group contracts for provisio11 ofBenefits under the Plan. (e) To invest Trust assets, or any part thereof: in securities issued by the United States government; in bonds; in common or preferred stock; in other securities Hsted on any exchange or traded in any over-the-counter market, 109
including shares of mutual investment companies; in pooled investment portfolios managed by insurance companies; in notes; in mortgages; in certificates of deposit of any bank, including any Co-Trustee; in commercial paper; in banker's acceptances (excluding those of any Co-Trustee); or in any other property in which the Trust Fund may lawfully be invested. If any assets are ever held in which the Trust Fund may not properly be invested, such.assets shall be.disposed-of..'IS--·-----------promptly as is prudent under the circumstances. To exercise over Trust assets all rights and powers with respect to investment that an absolute owner would have, including, but not by way of limitation, the following powers and all others granted by law: (f)
(1) The power to borrow money and to secure the repayment thereof by mortgage or deed of trust on real estate, pledge of securities. or otherwise, without liability, on the part of the lenders as to the application of the assets loaned; and (2) The power to invest Trust assets collectively with funds of other trusts in one or more of the investment funds or employee benefit trusts established by any Corporate Co-Trustee or any other common or commingled fund now or hereafter m8intained by the Corporate Co-Trustee; and if any portion of the Trust is so invested, the instruments creating such funds shall be deemed to be incorporated into the Trust Agreement in the same lllliiUier as if ii.Jlly set forth herein and
(g) To employ, when necessary, legal counsel upon a legal question arising out of the admiDistration of this Trust Agreement, and the Board shall be held harmless and be ii.JI1y protected in acting in good iilith and relying upon the advice of such counsel.
Section 5.
LIMITATION OF RIGIITS TO TRUST FUND
The following limitations shall apply to the rights or inteJest in, or use ot; the Trust Fund: (a) Neither the Union, Employer, Employees, nor any other person, association, or corporation shall have any right, title, or interest in or to the Trust Fund. Anything contained in this Trust Agreement to the contrary notwithstanding, no part of the corpus or income ofthe Trust Fund shall be used for or diverted to purposes other than for the purposes specified herein; except that the Employer may receive a return of its contributions made by a mistake in accordance with Section 6 of Article V of this Trust Agreement. (b)
(c) Except as required by law, no money, property, equity, or interest of any nature whatsoever in the Trust Fund, in the group contract or contracts or in any benefits or monies payable therefrom, shall be subject in any manner by any 110
Employee, Dependent, or Beneficiary (or person claiming through any of them) to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, garnishment, lien, or charge, and any attempt to cause the same to be subject thereto shall be null and void.
--------- ---------· ------·-······· ---·-···--····-------------- MM.'RIV ~-
ADMlNISTRATION OF nm TRUST FUND
The administration of the Trust Fund shall be vested wholly in the Joint Board, and for such administration the Joint Board, consistent with the purposes of this Trust and their fiduciary responsibilities, shall have the power, and it shall be the Board's duty, to: (a) Administer the Trust Fund by retaining and/or employing any person or persons or organizations to assist the Joint Board in the administration of the Trust Fund; (b) Make such uniform rules and regulations as are consistent with and necessary to effectuate the provisions of this Trust Agreement;
(c)
Exercise all rights or privileges granted to the contract holder by
the provisions of a group contract or contracts issued to the Board as provided herein or allowed by the insurance carrier or service agency issuing such contract; Construe, in their discretion, the provisions ofthis Trust Agreement and the terms used therein, and any construction adopted by the Board in good faith shall be binding upon the Union, the Employer, the Employees, their Beneficiaries and/or Dependents, and any and all other persons; (d)
(e) Keep true and accurate books of accounts and records of all their transactions which shall be audited at least annually by a certified public accountant selected by the Board. Such audits aba1l be available at all times for inspection by the Union or any Employer at the office of the Trust. All books and records of the Trust shall be available for inspection by any interested person at the office ofthe Trust; (f) Delegate any of the Board's ministerial powers or duties hereunder to any of its agents or employees; In addition to such other powers as are set forth herein or confeued by law for the purpose of efrectuating this Trust Agreement to do all acts whether or not expressly authorized herein which the Board may deem necessary or proper for the protection of the Trust Fund held hereunder, and the Board's judgment shall be final and binding on all persons; and · (g)
(h) By agreement, and in accordance with this Trust Agreement and applicable law, delegate specific responsibilities, obligations, or duties to one or 111
more of the Board or to any other person or persons of the Board's choosing as it deems necessary or proper. The Joint Board specifically sball·have the power to appoint an investment manager or managers to manage (mcluding the power to acquire and dispose ot) any usets of the Plan. The Board, or any individual to whom it delegates fiduciary responsibilities under this Trust Agreement, may _ _JememppJo¥-one or more penons to render-&IMce with regard-to iny ficluc:ialy---- -- ---·----·- ·responsibility.
ARTlCLEV COT.! ECTIQN OF CONTRIBUTIONS
Section 1.
PAYMENT OF CONTRIBUTIONS
All Employer Contributions shall be payable on the Due Date specified in Section 2 below and shall be payable at such place as the Joint Board may from time-to-time specifY.
Payments shall be accompanied by complete repon. on forma furnished or approved by the Board so that the c:ontributions can be allocated accurately. The Employer may be compelled by the Board or its assignee, by way of subpoena, civil discovery, or other legal proceeding, to prepare, submit and file with the Trust proper reports for any .period for which the Employer has previously failed to file. Sectiqn 2.
D!JE DATE
The Due Date for Employer Contributions for a month shall be the Due Date specified in the underlying collective bargaining ~ or if such agreement does not specifY a Due Date, the IS* day of the month inunediately following the month in which the qualifying work was performed. Section 3.
DBT INOJJENT CONTRIBUTIONS
(a) When Bmployer Considered DelinQuent. The Employer shall be considered to be delinquent if late payment or underpayment occurs, whether bealuse the Employer (i) fails to submit a contn"bution report form with the full c:ontn'bution by the close ofbusiness on the Due Date, or (u') fails to submit c:ontributions on behalf of all employees for whom contributions are required under its Contn'bution Agreement, or (lh') fails to properly compute its c:ontn'butions according to the applicable contn'bution formula, or (iv) otherwise falls to meet its obligations hereunder. (b)
Interest- Delinquent contributions and any other sums owing to the
Trust shall accrue interest from the date payable until the date paid at the rate of ten percent (1 00.4) per year, or such other reasonable rate as the Joint Board may from time to time establish. Interest on delinquent contn'butions may be waived or reduced only pursuant to rules and regulations adopted by the Joint Board. 112
Section 4.
REGORD:QRp!NQ AND AUDITS
The Employer shaD maintain such time records, checks, check stubs, quarterly or other pertinent government returns, or such other records relating to employment for which contn1rutiona are payable hereunder, sufficient (i} to deWrmine whether it has satisfied all obligations to the Trust and (li) to pemlit the Trust to comply with aU. --···-. __ . applicable laws. These records shaD be maintained within California for a period of not less than seven years following the end of the calendar year in which the relevant employment occurs. If the Employer tiils to keep records adequate to determine its obligations, there shaD be a rebuttable presumption, at the option of the Board, that all sums paid to Employees by the Employer were wages for work for which contn'butions were payable to this Trust. · The Joint Board, or its authorized representatives, may require the Employer to submit to it any information relevant to the administration of the Trust, and the Bmployer specifically waives any Privilege it may have with respect to such information. Upon ootice in. writing, the Employer must permit an authorized Trust representative to enter upon the premises of the Employer at a mutually agreeable time during regular businesa hours to examine and copy such records as may be necessary to determine whether the Employer is makins tWl and prompt payment of sll sums required to the Trust. Such examination may be undertaken pursuant to a routine payroll audit program· or on an individual basis. The records to be made available to the Joint Board, or its representative, shsll include, but not be limited to, time cards, payroll journals, payroll check registers, canceled payroll checks, copies of the Employer's federal, state and local payroll tax reports, and all other documents reflecting the hours and wages of employees (whether or not such documents are privileged}. In the event that an examination of the Employer's records reveals that tWl and prompt payment of all sums due is no\ being made, then the Employer shaD reimburse the Trust, upon demand of the Joint Board, for the reasonable costS of said examination in addition to any other obligations it may have hereunder. The Joint Board shaD have the authority, however, to waive sll or part of such costs ifthe discrepancy is minor and not willtbl, or for other good cause shown.
SectionS.
OOI.I.p,c;nON ACTIONS
The Trust may institute legal proceedings to collect delinquent Employer Contributions, interest, attorney's fees and other costs of collections, including collection ageney fees. Such proceedings may be instituted in the name of the Trust or the Joint Board, or the claim may be assigned to a third person for collection.
The Employer shall reimburse the Trust, or its assignee, for sll reasonable attorney's fees, audit fees, court costs, collection ageney fees, and all other reasonable expenses of whatever nature incurred in connection with such suit or claim, including any and sll appellate proceedings therein. It is recognized that the extent of legal services necessarily incurred in the coUection of required Employer Contributions may in certain cases have no relation to the filet that the amount of the delinqueney is relatively small.
113
In the event the collective bargaining agreement or other contribution agreement contains provisions relating to collections that specify additional remedies, or obligates the delinquent Employer to greater amounts of liquidated damages, interest, attorney's fees or other items than those set forth herein, the Joint Board, at its option, may pursue the additional remedies or impose me greater charges.
Section 6.
REIURN OF CONTRIBUTIONS
------·----·-----------·---- -----
Employer Contributions made to the Tro~ as a result of mistaJ,. ~~ fact ,. •·-.-.. shall be returned to the Employer after •L .iol,llt Board dete. ...;.,es tnat the contribution was m~~~ !::, ~-;;!· " IDistake. 11 a r.ontn"bution is made on behalf of a person for whom c.Jntributions are not required under the Employer's contribution agreement. the Trust's sole obligation with respect thereto shall be to return the erroneous contn'bution to the. extent legally permissible; provided, however, that the Trust shall have the option of retaining any contn'butions based upon which Benefit eligibility has been provided. The Trust shall not be obligated to provide Benefits dependent upon such erroneous contribution and may recover from the Employer any losses resulting from Benefit• ;...:.:. as a result of the Employer's error by assigning to the Employer Ill':· nght of recovery against the recipient. Section 7.
COOPERATION WITH JOINT BOARD
Whenever reasonably requested by the Joint Board, the Employer shall distribute to all Employees currently in its employ whatever information is necesslll}' for the Board to carry out its obligations. The distn"bution shall be made in such reasonable manner as the Joint Board may specify, without charge to either the Employees or the Trust. ARTICLE VI APMINIS'fRATION OF JHB PLAN The Joint Board shall have the following powers and duties with regard to the administration of the Plan: (a) To enter into one or more contracts with insurance carriers and/or service agencies licensed to do business in California, or any other state as appropriate. fur the purpose of providing for the purchase of Benefits provided under the terms of the Plan; To prescribe rules and procedures governing the application by Employees, Beneficiaries and Dependents for Benefits, and the f:bmishing of any evidence necessary to establish the rights ofEmployees, Beneficiaries and Dependents to such Benefits; (b)
(c) To make determinations in its sole discretion, which shall be final and .binding upon all parties as to the rights of any Employee, any Beneficiary, or
114
Dependent to Benefits, including any right that any individual may have to request a hearing with respect to any such determination; (d) To make such other rules and regulations as may be necessary for the administration of the Plan not inconsistent with the purposes of the Trust. --·-- --··-·---·-··------·---·------·-·-- -·- M1U :1 ,B VII
LIMITATION OF LTARI!.lTY Section 1.
LIABII.ITY OF TRUSTEES
No Trustee shaU be Hable for any loss to the Trust Fund herein created by reason of such Trustee's administration, unless such loss is the result of a breach of the fiduciary duty owed by ssid Trustee in accordance with applicable law. No Trustee shall be liable for any act or omission of any Employer or Union. Subject to the forego~ and the provisions of applicable law, a Trustee shaU not be liable personally, either individually or jointly, for any debts, obligations, or undertakings contracted by the Joint Board, or for the torts of any employee or agent of the Trust, but ssid claims and liabilities shaU be paid solely and exclusively out ofthe assets ofthis Trust. The Joint Board and each Trustee shsll be fully protected in acting upon any instrument, certificate, or paper believed to be genuine and ·signed or presented by the proper person or persons and shall be under no duty to make any investigation or inquiry as to any statement contained in any such record, but may accept the same as conclusive evidence of the truth and accuracy of the statements therein contained. Section 2.
!.TABILITV OF UNION, EMPLOYER. TRUSTBFS. AND INSQRANCE CA1t1ttB1t Oil SBBVICB ARBNCY
Neither the Union nor the Joint Board shaU be iiable for the payment of any Benefits to be provided by the Plan hereunder. The Bmployer shall not be liable for the payment of any Benefits to be provided by the Plan so loq as the Employer has ~e the Employer Contn'butions required hereunder. An insurance carrier or service agency issuing a group contract or contracts shaU have the sole liability for the payment of the Benefits which are provided by the Plan hereunder and purchased from the insurance carrier or service agency under the terms of such group contract or contracts. Section 3.
LEGAL ACTION BY TRUSIEBS
The Joint Board may seek judicial protection by any action or proceeding it may deem necessary to settle its accoqnts, or to obtain a judicial determination as to any question of construction of the Trust Asreement or instruction as to any action thereunder. Any such determination shaU be binding upon all parties to or claiming under this Trust Agreement.
~•e,.a.A
115
Section 4.
COSTS OF SUIT
The costs and e~q~enses of any actil':., suit or proceeding brought by or against the Joint Board or any Trustee by reaBO" of actiDg as such Trustee (mcluding counsel fees) shall be paid ftom the Trust F••;,a, except in relation to matters as to which it shall be ..._eel. ch • •. ............I' • • ._,_.., ad!UUK m SU acti_QD, PUio.,_or tw==l"' -lll~.......on-of: the fiduciuy duty -:>':'··¢0 by such TruStee in accordance with applicable law_ Section 5.
FIDELITY BONDS AND INSURANCE
Each Trustee and each employee eDJ!'1"~""~ :..y the Joint Board who may be engaged in handling of monies of the Trust Fund shall be bonded by a duly authorized surety company if obtainable, for such sum as the Joint Board from time to time shall determine. The Board may also secure liability insurance for the protection of the Trust and the Trustees. The cost of premiums for such bond or insurance shall be paid out of the Trust Fund.
AROO.BYm CORPORATE 00-TllUSTEE Section!.
APPO~
The Joint Board shall determine whether a bank or trust company shall act as Corporate Co-Trustee hereunder and, if so, shall select it. The selection shall be evidenced by one or more separate written agreements under which the Corporate CoTrustee qrees to act and which specifies the Corporate Co-Trustee's fees and other charges and such other matters as may be agreed upon. Said agreements are incorporated herein by reference and made a part hereo( and if there is any inconsistency between their provisions· and the provisions of this Trust Asreement, the former shall govern to the extent that they are lawtiJl. If no Corporate Co-Trustee is selected or actin& any powers given it below shall remain with the Joint Board, subject to its power of delegation. Section 2.
QHNRB AI, POWERS
Subject to any proper allocation of responsibilities between a Corporate CoTrustee and the Joint Board and subject to any authority delegated to an Investment Manager as set forth below, the Corporate Co-Trustee shall receive all contributions and other sums payable to the Trust; shall share with the Joint Board the exclusive authority and discretion to manage and control the assets of the Trust, including all Trust income; and shall have such other duties and responsibilities as are set forth herein, or as may be conferred upon it by agreement between it and the Joint Board. However, the Corporate Co-Trustee shall not be responsJble for the adequacy of the contributions or for the adequacy of the Trust assets to cover Trust liabilities. Unleu otherwise agreed with the Joint Board, li Corporate Co-Trustee shall have no duty or authority to compute the amount of the Employer's obligation nor to enforce the collection of any contributions owing to the Trust. 116
.. --·-·· --·-··
Section 3.
DlllE.CTIONS FROM THE JOINT BOAR!J
The Corporate Co-Trustee shall folloY' clll directions of the Joint Board (or of others to whom specific authority to ~ such directions has been allocated by the Joint Board) provided such directions !:le consistent with the Trust and the Corporate CoTrustee's written !U!f~!lltmts with the Joint Bl)l!rd ----··--···---·-To the fullest extent permitted by law, the Corporate Co-Trustee shall not be liable for any losses which may be incurred in consequence of its following or relying on directions or information furnished it by the Joint Board, or by such other person or persons as may from time to time be designated in a writing executed by the Joint Board. For example, to the extent that the Joint Board or an Invl!stment Manager appointed by the Joint Board as provided below is directing the Corporate Co-Trustee with respect to investments, the Corporate Co-Trustee shall not be responsible for investment results; nor shall it be responsible in such cases to make investment recommendations nor review investment directions, except inso18r as may be required under its written agreements with the Joint Board. Section 4.
RBCQRDS AND REPORTS
The Corporate Co-Trustee shall keep accurate and detailed accounts of all records. receipts and disbursements, and other transactions hereunder, and its accounts, books and records hereunder shall be open to inspection by the Joint Board or its· agents at all reasonable times. Witbin sixty (60) days of the close of each Plan Year, the Corporate Co-Trustee shall submit to the Joint Board a written annual report of the financial transactiorur rot said Plan Year, together with a statement of assets and liabilities as of the close of said Plan Year. The corporate Co-Trustee shall also file such written report within sixty (60) days after either (i) its removal or resignation, (d) termination of the Trust, or (ill) being requested to do so by the Joint Board. It shall also prepare all governmental reports relalive to matters for which it has responsibility and, unless otherwise agreed with the Joint Board, such other governmental reports as are readily available from its records.
Section 5.
RESIGNATION OR BEMOYAL
The Corporate Co-Trustee may be removed by the Joint Board at any time upon delivery to the Corporate Co-Trustee of a written notice of removal, and the Corporate Co-Trustee may resign at any time by delivering a written notice of resignation to the Joint Board.
The removal or resignation shall be effective on the date specified in the notice, but such dste shall be not less than thirty (30) days from the date the notice is delivered, unless the other party consents to an earlier dste. A retiring Corporate Co-Trustee shall file with the Joint Board a written account of its acts, in the manner herein above provided, from the date of its last regular account to the date it ceases to act, and shall then transfer and 117
deliver all Trust property, including originals or copies of all Trust records, to the Joint Board or any successor Corporate Co-Trustee designated by it in writing. If the Joint Board so directs or if no new Corporate Co-Trustee is appointed within thirty (30) days from the efl'ective date of the resignation of the Corporate CoTrustee, or within thirty (30) daya from receipt by the Coiporate Co-Truatee of notice of . removal, as the case may be, the Corporate Co-Trustee sba1l deposit all funds held by it hereunder with the depository bank of the Joint Board.
ARTIQ.RIX
AMENDMENT Section 1.
AMENDMENTS
The T!plt may be amended by the Joint Board at any time, in whole or in part. Notice of any proposed amendment must first be sent to the Union and to the District's General Manager and Manager of Labor Relations. If either the Union or the District objects to the amendment in writing to the Trustees within 30 days of receipt of the proposed amendment the amendment will not be efl'ective. The· amendmerit will be considered adopted on the 31• day after its re<:eipt by the Union and the District if no objection is received as referred to herein. Failure of the Joint Board· to agree upon a proposed amendment shall not be subject to arbitration as a deadlock, except as provided hereafter in the case of mandatory amendments. Amendments shall be made only by written instrument signed by a majority of the Union Trustees and a majority of the Employer Trustees. Only amendments aft'ecting the rights or obligations of a Corporate Co-Trustee shall require its consent. Section 2.
MANDATORY AMENDMENTS
Amendment of the Trust or Plan shall be mandatory in the following situations: (1) (2) exempt;
When necessary to assure compliance with applicable laws;
When necessary to assure (if possible) that this Trust remains tax
Ifthe Trust or Plan is not amended when so required, the matter shall be submitted to arbitration ·as provided above, and, notwithstanding any other provision hereof: the .Joint Board shall be bound to execute such amendment of the Trust or Plan as the arbitrator deems necessary to satisfY the requirements of this
Section 3.
'TRANSFER OF ASSETS TO ANOTiffill R'BNBfTT TRUST
Notwithstanding anything herein to the contrary, the Joint Board may transfer the Trust assets or any portion thereof to the trustees of any other trust or trusts which provides similar benefits, subject to the written consent of the Employer and the Union. 118
However, failure of the Joint Board to agree on any such action shall not be subject to arbitration.
ARTICLE X TERMINATION OF TRUST
.
--- -----·· ----···--· --------------------------------Section 1.
-----
GENBRAI.
This Trust Agreement shall remain in effect until such time u it may be terminated in whole or in part by the Joint Board, or by agreement of the Union and Employer. Section2.
TERMINATION
In the event of complete termination the Joint Board shall:
(a) Make provision out of the Trust Fund for the payment of expenses incurred up to the date of termination of the Trust and the expenses incident to such termination. (b) Pay to the insurance carrier or service agency the balance, if any, of the usets of the Trust Fund remaining in the hands of the Board, for application under group contracts.
(c) .ArJ:anse for a final audit and report of its transactions and accounts, for the purpose of terminatiug the Board's trusteeship. (d) Make any determinations permitted under the group contracts which the Board deems necessary or desirable in the allocation of any funds then held under the group contracts. (e) Determine the disposition of any remaining usets to the Participants, u defined in the Plan, and Beneficiaries. ABTIQ'.HXI
MISCET I ANEQUS Section 1.
SITUS AND OONSTRUCTIQN OF TRUST
This Trust is executed by the parties and accepted by the Trustees in the State of California, and all questions pertaining to its validity, construction and administration shall be detennined in accordance with the laws of that State and with any otherwise applicable federal laws.
119
Section 2.
NQTICE8
Notice given to a Trustee, or to the Union, the Employer, or any other person shall, unless otherwise specified herein, be sufficient if in writing and delivered to or sent by postpaid first class mail or prepaid telegram to the last address as filed with the Joint Board. Except as herein otherwise provided, the delivety of any statement or doonment required hereunder to be made to a Trustee, the Union, or the Employer shall be sufficient if delivered in persc;n or if sent by postpaid first class mail to his or its last address as filed with the Board. Section 3.
SEymwm.rrv
In the event that any provisions of this Trust Agreement shall be held illegal or invalid for any reasons, said illegality or invalidity shall not a1l'ect the remaining provisions of this Trust Agreement; the provision or provisions held illegal or invalid shall be fully severable; and the Trust Agz:eement shall be construed and enforced as if said illegal or invalid provisions had never been inserted herein.
IN WITNESS WHEREOF, the Parties have affixed their signatures as of the day and year first above written, at , California. EMPLOYER. TRUSTEES
&m,·'tf:~
120
Staff Report 14-228
BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
AGENDA Special Board of Directors/Board Officers Retreat AC Transit General Offices Floor Conference Room 1600 Franklin Street Oakland, CA 94612
lOth
Wednesday, October 29, 2014 at 10:00 a.m.
MEMBERS OF THE BOARD OF DIRECTORS GREG HARPER, PRESIDENT {WARD 2) JOE WALLACE, VICE PRESIDENT {WARD 1} ELSA ORTIZ (WARD 3) MARK WILLIAMS {WARD 4) JEFF DAVIS (WARD 5) JOEL YOUNG {AT-LARGE) H. E. CHRISTIAN PEEPLES {AT-LARGE) BOARD OFFICERS DAVID J. ARMIJO, GENERAL MANAGER DENISE C. STANDRIDGE, INTERIM GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY
Alameda-Co ntra Costa Tra nsit District
October 29, 2014 121
Page 1 of 3
Staff Report 14-228 SPECIAL BOARD OF DIRECTORS/BOARD OFFICERS RETREAT President Greg Harper presiding Wednesday, October 29, 2014 at 10:00 a.m.
1. 2.
Staff Contact or Presenter
ROLL CALL 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.
3.
PRESENTATIONS/DISCUSSION ITEMS:
3A.
Discussion re: Workers' Compensation Program.
Tom Prescott 891-7221
3B.
Review of Board Policy 550- Service Standards and Design Policy and Guiding Principles. [Requested by the Board- 12/17/08; 2/12/14]
Dennis Butler 891-4798
3C.
Overview of post-retirement medical benefits provided to all employee groups and how they compare with those provided by other government entities offering similar benefits [Requested by President Harper- 3/26/14]
Tom Prescott 891-7221
3D.
Overview of Board Policy reorganization.
linda Nemeroff 891-7284
3E.
Discussion regarding standing committees and the creation of a new committee.
linda Nemeroff 891-7284
4.
BOARD/STAFF COMMENTS (Government Code Section 54954.2)
5.
ADJOURNMENT
Alameda-Contra Costa Transit District
October 29, 2014 122
Page 3 of 3
EXTERNAL AFFAIRS COMMITTEE
September 24 2014 Agenda Item A-1 – A-2
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Report No: Meeting Date:
T~NS/T
14-231 September 24, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
External Affairs Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Monthly Legislative Report
ACTION ITEM RECOMMENDED ACTION(S): Consider receipt of the monthly legislative report and approval of legislative positions. EXECUTIVE SUMMARY: The Congress has adjourned for the summer work period until September 8, 2014. Staff recommends a support position on AB 1783 to provide a one-year extension to existing law that exempts transit employees from the Public Employees' Pension Reform Act (PEPRA) of
2013. BUDGETARY/FISCAL IMPACT: There is no budgetary or fiscal impact associated with this report.
BACKGROUND/RATIONALE: Federal Legislation Update 1) Congress is out of session. State Legislation Update 1) PEPRA Extension AB 1783 was gutted and amended last week to provide a one-year extension to existing law that exempts transit employees from the PEPRA of 2013. AB 1783 is awaiting a hearing in the Senate Appropriations Committee before it is hurriedly moved from the Senate and through the Assembly before the end of session. The Legislature approved and the Governor signed into law AB 1222 (Bloom) last year. AB 1222 exempted· transit employees from PEPRA until January 1, 2015. The need for this exemption was due to a decision by the US Department of Labor (US DOL), which refused to certify millions of dollars of transit funds because US DOL opined that PEPRA violated Federal protections provided to specific transit employees. The limited term exemption in AB 1222 was expected to provide sufficient time for the courts to resolve the
125
Report No. 14-231 Page 2 of2 difference of opinion between California and US DOL, however, it is not clear this decision will be made by January 1, 2015, therefore, the need for an extension. 2) legislative Matrix Refer to Attachment 3 for the legislative matrix from Platinum Advisors. The matrix lists previously approved Board positions. ADVANTAGES/DISADVANTAGES:
This report is being provided to inform the Board of monthly legislative activities and to seek its approval to support or oppose legislation affecting AC Transit. This provides clear direction to legislators, and other bodies, of AC Transit's positions. ALTERNATIVE ANALYSIS:
This report provides an update of monthly legislative activities. AC Transit could opt to defer from legislative positions and operate without making its positions known, leaving the District vulnerable to unfavorable legislation. PRIOR RELEVANT BOARD ACTIONS/POLICIES:
Staff Report 12-253: 2013 Federal and State legislative Advocacy Programs ATTACHMENTS: 1. Federal legislative Report from Van Scoyoc Associates 2. State legislative Report from Platinum Advisors 3. State Bill Matrix from Platinum Advisors 4. FY 2014 Federal Advocacy Program 5. FY 2014 State Advocacy Program
Department Head Approval: Dennis W. Butler, Acting Chief Planning, Construction and Engineering Prepared by:
Officer Beverly Greene, Director of legislative Affairs & Community Relations
126
SR 14-231 Attachment 1
VANSCOYOC ASSOCIATJ<;S
Transportation Update August 4, 2014 Steven 0. Palmer, Vice President Dan Neumann, Director David Haines, Manager
This Week The Senate and House are both in recess until Monday, September 8, 2014.
Last Week
Leadership Change. Congressman Kevin McCarthy (R-CA) officially took over as Majority Leader of the House this week, replacing Congressman Eric Cantor (R-VA). Rep. Cantor has announced that he will resign from Congress on August 18. Floor Consideration: AviatioiiiSecurity Legislation. On July 28, the House approved the following bills: •
•
H.R. 4156, the Transparent Airfares Act of 2014. The bill is intended to restore transparency to the advertising of airline ticket prices and ensure that airfare advertisements do not hide the costs of government fees from consumers. The bill was approved by the Transportation and Infrastructure Committee by voice vote on April 9. H.R. 3846, the United States Customs and Border Protection Authorization Act. If enacted, this would be the first full authorization of CBP in the agency's history. The bill was approved by the Homeland Security Committee on a voice vote on June II.
Hearing: TSA Screening Privatization. On July 29, the Subcommittee on Transportation Security of the House Committee on Homeland Security held a hearing on TSA's management of the Screening Partnership Program, under which security screening at airports is performed by private contractors under federal oversight. 18 airports currently participate in this program. The hearing focused on steps TSA can take to encourage more airports to participate in the program. Hearing: Marijuana and Federal Transportation Policy. On July 31, the Government Operations Subcommittee of the House Oversight and Investigations Committee held a hearing entitled "Planes, Trains and Automobiles: Operating While Stoned."
127
2
Floor Passage: HTF Bill. On July 31, the Senate agreed to House legislation that will fund the Highway Trust Fund (HTF) through May 31, 2015. Earlier in the week, the Senate had voted to shorten the length of the extension to December 31, 2014, but the House rejected the Senate approach. As a result, the Senate voted 81-13 on July 31 to send the House bill to the President, ensuring there was no disruption to reimbursements from the HTF. President Obama signed the bill. Hearing: Truck Safety. On July 29, the Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety, and Security of the Senate Committee on Commerce, Science, and Transportation held a hearing entitled "Opportunities and Challenges for Improving Truck Safety on our Highways". The Committee heard testimony from witnesses representing government, industry, labor, and safety groups. Hearing: Aviation Manufacturing. On July 30, the Aviation Operations, Safety, and Security Subcommittee of the Senate Committee on Commerce, Science, and Transportation held a hearing to examine domestic challenges and global competition in aviation manufacturing. Witnesses included representatives of the Government Accountability Office (GAO), the Boeing Corporation, and the RAND Corporation. The House Transportation and Infrastructure Committee held a similar hearing on July Wednesday, July 23. More information on the Senate hearing can be found here. Department of Transportation
FTA Circular: Bus and Bus Facilities Program. On July 30, the Federal Transit Administration published a proposed circular for implementing its new Bus and Bus Facilities Program, which was created in MAP-21. ###
128
SR 14-231: Attachment 2
August 27, 2014 TO:
Director Greg Harper, President, and Members of the Board David J. Armijo, General Manager Beverly Greene, Director, Community Relations & Legislative Affairs
FR:
Steve Wallauch Platinum Advisors
RE:
Legislative Update
Last Chance: We are in the final days of session and things are eerily mundane. While the sine die deadline is midnight August 31 5t, which is a Sunday, the daily file does not contain enough work to stretch past Saturday morning. However, with time on the clock there is always time for new bills to hatch. Numbers: The primary revenue generators for July, income, sales and corporate taxes, were all above projections according to the Department of Finance. Income tax receipts were $210 million above projections, sales tax beat projections by $5 million, and corporate taxes exceeded expectation by $13 million. While not earth shattering numbers, these positive numbers during slow revenue months is encouraging. Transit Workshops: CaiSTA and Caltrans held a series of workshops this past week to answer questions and receive comments on issue the guidelines should address for the Intercity Rail & Transit Capital Program and the Low Carbon Transit Operations Program. The purpose of these workshops is to outline the programs and receive feedback on the type of projects that should be funded. Another series of workshops will be scheduled in October after the draft guidelines have been posted for 30 days.
At these workshops it was made clear that bus only operators are eligible to apply for Transit Capital Program funds, and bus only projects would eligible for funds. As for the Transit Operations Program, the guidelines will try to address situations where the operator's share of funds is insufficient to complete a project to allow that operator to "bank" its share to be drawn down at a later date. Comments are still being accepted. Comments on the Intercity Rail & 1
129
Transit Capital Program can be emailed to
[email protected], and comments on the Low Carbon Transit Operations Program to
[email protected].
Disadvantaged Communities -Cal EPA and CARB are holding a series of workshops this week prior to finalizing its identification of disadvantaged communities. SB 862 also directs CARB and Cal EPA to develop guidelines on how to maximize the benefits to disadvantaged communities. While the workshop in Oakland was originally scheduled for August 20th, this workshop has been moved to September 3. Postponing this workshop was the result a request submitted by Assemblywoman Skinner and 19 other members of the Bay Area delegation requesting additional time to examine and prepare changes to the CaiEnviroscreen 2.0 process, which disadvantages the Bay Area. While the Bay Area is home to 17% of Californians living in poverty and 19% of the Bay Area suffer from high rates of asthma, the CaiEnviroscreen 2.0 finds only 3% of Bay Area residents live in disadvantaged communities. Cal EPA Secretary, Matt Rodriguez, agreed to the Bay Area delegation's request for additional time, and stated in his letter that, "No final decision has been made on how to make these designations, however, and we will consider a number of possible approaches over the coming weeks." So the door is lightly ajar for the Bay Area to make its case at the September 3 workshop in Oakland.
Interim Guidance: This week CARB and CaiEPA released a document providing direction to state agencies that will be administering cap & trade funds on identifying and determining benefits to disadvantage communities. This is draft document, and CaiEPA is seeking comments by September 15th. This document will also be discussed at the workshops on disadvantage communities. Action by CARB is scheduled for September 18th. Comments should be submitted electronically at: http://www.arb.ca.gov/lispub/comm2/bcsubform.php?listname=sb-535-guidancew s&comm period =! This short report (it's only 39 pages!) includes an appendix that outlines the conditions that must be present to be considered beneficial to a disadvantage community. This includes conditions for low carbon transit projects, affordable housing & sustainable communities' projects, and low carbon transportation projects.
CEQA Guidelines: OPR recently released a "preliminary discussion draft" of the proposed CEQA guideline changes being made in response to SB 743. SB 743 made numerous changes, but the most significant is changing how traffic impacts are measured from the current level of service standard to vehicle miles travelled measurement. Under these guidelines a project that is within a ~ mile of major transit stop or a transit corridor would generally be considered not to have a significant impact on transportation regardless of whether the project causes traffic congestion. OPR has requested any comments be submitted to OPR by October 10th. A copy of the discussion draft can be found at: 2
130
http://opr.ca .gov/docs/Final Preliminary Discussion Draft of Updates Implementing SB 743 080614.pdf
PEPRA Extension: AB 1783 was gutted and amended last week to provide a one year extension to existing law that exempts transit employees from the Public Employees' Pen sion Reform Act of 2013 (PEPRA). AB 1783 is awaiting a hearing in the Senate Appropriations Committee before it is hurriedly moved from the Senate and through the Assembly before the end of session.
As you will recall, the Legislature approved and the Governor signed into law AB 1222 (Bloom) last year. AB 1222 exempted tran sit employees from PEPRA until January 1, 2015. The need for this exemption was due to a decision by the US Department of Labor (US DOL) refusing to certify millions of dollars of transit funds because US DOL opined that PEPRA violated federal protections provided to specific transit employees. The limited term exemption in AB 1222 was expected to provide sufficient time for the courts to resolve the difference of opinion between California and US DOL. Since it remains uncertain when the courts will issue a decision, AB 1783 would extend the existing exemption by one year. Per the terms of existing law if the courts find that PEPRA is in compliance with federal law then the exemption sunsets; however, if the courts find that PEPRA violates federal law then the exemption will become permanent. Fuels Saga: The back and forth of letters and legislation pushing to postpone the inclu sion of fuels in the cap & trade auction has ended -- for now at least. While Senate Republicans joined the letter writing party started by Assemblyman Perea and several Assembly Dems, Senate President Pro Tern, Steinberg sent the final salvo. Senator Steinberg sent a letter to Assemblyman Perea saying he will not refer AB 69 to committee, thus killing it for the year. AB 69 proposed to exempt any entity that is not covered by the cap & trade auction as of January 1, 2013, and those entities not covered would remain exempt until December 31, 2017. In addition, efforts Senator Vidak to add hostile amendments to bills were also thwarted on the Senate Floor.
In the letter to Perea, Senator Steinberg stated, "I share your concern about the costs of combatting carbon emissions. But the cost of doing nothing is much greater." "If we are serious about reducing fuel costs and righting the public health and economic wrongs facing our constituents, we must wean ourselves off fossil fuels and invest in clean transportation alternatives and in low income communities as we did in this year's budget."
3
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SR 14-231 Attachment 3
August 27, 2014
Table 1: Board Action Items Bills AB 1783
Subject
Status
~B 1783 was gutted and amended last week to
SENATE (Jones-Saw~er D) provide a one year extension to existing law that APPROPRIATIONS Public exempts transit employees from the Public employees' Employees' Pension Reform Act of 2013 (PEPRA). retirement. Existing law exempts transit employees from PEPRA until January 1, 2015. The need for this exemption was due to a decision by the US Department of Labor (US DOL) refusing to certify million s of dollars of transit funds because US DOL opined that PEPRA violated federal protections provided to specific transit employees. The limited term exemption was expected to provide sufficient time for the courts Ito resolve the difference of opinion between California and US DOL
Proposed Position SUPPORT
Table 2: Board Action Positions Bills
Subject
Status
~B 1720
~B 1720 extends the sunset date for the bus axle Signed Into Law
(Bloom D) Vehicles: bus gross weight.
~eight
exemption by one year from January 1, 2015 to January 1, 2016. This bill would also likely be used to implement any agreement reached this year on the axle weight issue.
Chapter #263, Statutes of 2014
AB 2445 (Chau D) Community colleges: !transportation fees.contracts.
~B 2445 has been signed into law.
Signed Into Law
Client - Position AC Transit - Support
~C Transit -Support
~his bill makes clarifying changes in existing law
Chapter #63, Statutes o allow a community college district to impose a of2014 ~ee approved by the students for transportation services on a campus by campus basis. Some believe existing law limits the approval of the fee o a district wide vote. 1
133
~
(Steinberg D) Sustainable Communities Investment Authority.
~B 1 would create a new form of tax increment inancing that would allow local governments to ~reate a Sustainable Communities Investment ~uthority to finance specified activities within a ~ustainable communities investment area.
Senate FloorInactive File
AC Transit -Support
"he Governor's Office asked the authors' of the ~a rio us tax increment measures to hold-off ~ending these bills to his desk last year. With the Governor's IFD proposal released as part of the budget, negotiations over the structure of a new l'ax increment financing proposal will heat-up during the budget process.
~
(Pavley D)
~lternative fuel and vehicle .echnologies: funding programs.
1
SB 1236 (Menning D) Transit districts: ran sit offenses and enforcement.
~B 11 originally proposed to extend the deadlines ASSEMBLY TRANSP. AC Transit -Support
and make the same changes in AB 8. SB 11 was --DEAD amended to address chaptering out issues with ~B 8, but analogous amendments were not amended into AB 8. Rather than send both bills o the Governor, it was decided to send only AB 8. SB 11 is now a two year bill, and will likely be used for another purpose. ~B
1236 would authorize the governing board of a signed Into law ransit district to designate district employees, except as specified, or security officers contracted Chapter #253, by the district, to enforce state laws relative to Statutes of 2014 certain prohibited acts on or in public ransportation systems or on the property, acilities, or vehicles of a transit district, if the employees or officers satisfy specified training requirements.
The bill would also make it an infraction to knowingly give false information to an enforcement officer or otherwise obstruct the issuance of a citation. SCA 4 is in the Senate Committee on SENATE APPRS Appropriations. Constitutional amendments are exempt for the House of Origin deadline.
SCA4 (Liu D) local government ~his measure would amend the Constitution to ransportation lower the voter approval threshold to 55% for the projects: special imposition, extension, or renewal of a local tax for axes: voter ,ransportation projects. 1 approval.
AC Transit- Support
AC Transit- Support
2
134
SCAB {Corbett D) Transportation projects: special axes: voter approval.
SCAll {Hancock D) Local government: special taxes: voter approval.
SENATE APPRS ~CA 8 is in the Senate Committee on ~ppropriations. Constitutional amendments are exempt for the House of Origin deadline.
~C Transit -Support
~CA 8 is another measure that would amend the Constitution to lower the voter approval 1,hreshold to 55% for the imposition, extension, or renewal of a local tax for transportation projects. ~CA
11 is in the Senate Committee on
SENATE APPRS
~C Transit -Support
~ppropriations. SCA 11 is an "umbrella measure" on lowering the voter threshold from 2/3 to 55% or local sales taxes and parcel taxes. This measure would lower the vote threshold for any purpose.
Table 3· Board Watch Positions Bills AB 1684 (Chavez R) Vehicles: length limitations: buses: bicycle ransportation devices. AB 2707 (Chau D) Vehicles: length limitations: buses: bicycle ransportation devices.
Subject
Status
~B 1684 was recently amended to authorize the
North County Transit District to use the longer hree position bicycle racks.
Client- Position
~SSEMBLY TRANS-- ~C Transit - Watch DEAD
~his bill was unanimously approved by the GOVERNOR'S DESK ~en ate, but the Assembly returned the bill to the
~C Transit - Watch
~en ate to make additional changes. However, Caltrans and the CHP dropped their request for amendments to require the use route review committees to analyze the routes where these racks will be used. ~B 2707 authorizes any transit operator to utilize bicycle racks that can accommodate 3 bicycles. ~pecifically, the bill would allow transit buses of no more than 40 feet in length to be equipped ~ith a front-mounted bicycle rack that extends up o 40 inches from the front body of the bus when ully deployed rather than the 36 inches allowed under current law, and limits the handlebars of a bicycle that is being transported on such a rack ~rom extending more than 46 inches from the ront of the bus rather than the 42 inches allowed under current law.
3
135
~
(Wolk D)
~B 33 has been gutted and amended to address a VXSSEMBLY RULES local sales tax authority issue in Sonoma County.
Local taxation: County of The bill no longer contains provisions creating a Sonoma: new tax increment financing structure based on ransactions and Infrastructure Financing District (IFD) law. use tax ... SB SSG Previously SB 556 would prohibit (Padilla D) nongovernmental person or entity contracting with a public agency from displaying a seal or Agency: emblem of that public agency on a uniform or ostensible: nongovernmental vehicle unless a disclosure statement is also conspicuously displayed identifying the uniform entities. wearer or vehicle operator as not a government employee. The bill has also been amended to change the author from Senator Corbett to Senator Padilla.
~EN ATE
VXC Transit- Watch
VXC Transit -Watch
CONCURRENCE
SB 566 was amended to limit the application of he disclosure requirements to contracts dealing with public health or safety services. The bill no longer applies to any transit service contracts.
SB 1122 (Pavley D)
SB 1122 was approved by the Senate Committee SENATE APPR AC Transit- Watch on Environmental Quality. Held on Suspense File Sustainable SB 1122 creates two funding programs. One for --DEAD communities: he Strategic Growth Counsel to administer grants Strategic Growth o local agencies for implementing sustainable Council. communities and other greenhouse gas reduction plans. The second pot of funds would be allocated to MPOs on a per capita basis to be used for competitive grants for projects within he region. The regional grants would be awarded pursuant to guidelines adopted by the strategic Growth Council. The bill lists the types of eligible projects for the regional funds, which include funding for public transportation operations, maintenance, and capital costs.
SB 1204 (Lara D)
SB 1204 creates the California Clean Truck, Bus, VXSSEMBLY FLOOR and Off-Road Vehicle and Equipment Technology California Clean Program. The purpose of this bill is to use cap & rade auction revenue to fund the development, ~ruck, Bus, and Off-Road Vehicle demonstration, and commercial deployment of and Equipment zero- and near-zero-emission truck, bus, and offroad vehicle. In particular this bill would create ~echnology
AC Transit -Watch
4
136
Program.
large scale zero emission bus demonstration program aimed at making zero emission bus echnology commercially available.
Chaptered or Dead Bills Bills
Status
Subject
Client- Position
~C Transit -Support
(Perea D)
Alternative fuel and vehicle technologies: funding Signed Into Law programs. Chapter #401
AB160 (Alejo D)
California Public Employees' Pension Reform Act DEAD of 2013: exceptions.
~C Transit -Watch
AB 179 (Bocanegra D)
Public transit: electronic transit fare collection systems: disclosure of personal information.
~igned Into Law
AB206 (Dickinson D)
Bicycle transportation devices.
~igned Into Law
AB210 (Wieckowski D)
Transactions and use taxes: County of Alameda.
~igned Into Law Chapter #194
AC Transit -Support
~B431 (Mullin D)
County Employees Retirement Law of 1937: ederallaw compliance
DEAD
AC Transit - Watch
AB730 (Alejo D)
Monterey-Salinas Transit District.
Signed Into Law Chapter #394
AC Transit -Watch
~B574 (Lowenthal D)
California Global Warming Solutions Act of 2006: DEAD Greenhouse Gas Reduction Fund: sustainable communities strategies.
AB 1002 (Bloom D)
Vehicles: registration fee: sustainable communities strategies.
DEAD
AC Transit - Watch
AB 1051 (Bocanegra D)
Housing
DEAD
AC Transit -Watch
~B 1222
Public employees' retirement: collective bargaining: ransit workers: transportation.
Signed Into Law Chapter #527
AC Transit: SUPPORT
Transportation planning. AB 1290 (John A. Perez D)
Vetoed
~C Transit -Watch
~
Public employees' retirement benefits.
Signed Into Law Chapter #528
~C Transit - Watch
SB 142 (DeSaulnier D)
Public transit
Signed Into Law Chapter #655
~C Transit- Support
SB 791 (WJlland R)
Motor vehicle fuel tax: rate adjustment
DEAD
~C Transit: Oppose
M..!!
(Bloom D)
~C Transit - Watch
Chapter #375 ~C Transit -Support
Chapter #95
(Beall D)
AC Transit -Support
5
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SR 14-231 Attachment 4
T~NS7T
2014 Federal Advocac Pro ram Funding •
FY 2014 Grant Opportunities- Secure federal funds for key capital projects and support funding for 2014 Project Priorities for: o 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
•
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.
•
Support FTA and Congressional efforts to make State of Good Repair for transit bus systems a strategic priority.
P a ge l1
139
•
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
12 140
SR 14-231 Attachment 5
2014 State Advocac Program Funding •
Support efforts to implement the Moving Ahead for Progress in the 21st Century Act (MAP-21) and future transportation authorizations that at least maintains funding level 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 to offset the costs of global warming initiatives, clean air and clean fuels and implementation of AC Transit's Climate Action Plan.
•
Seek funding to support and promote Bus Rapid Transit projects.
•
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.
Pag e l1 141
•
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 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
•
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.
•
Advocate for transit-supportive legislation that addresses climate change, healthy communities and environments.
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12 142
o
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.
o
Support legislation that requires reporting of Vehicle Miles Traveled (VMT) annually through DMV renewal.
Policy Interests o
Support simple majority vote for local transportation ballot tax initiatives.
o
Support legislation to allow District to ban persons for specified offenses from entering district property.
o
Seek revisions to the Metropolitan Planning Organization (MPO) grandfather clause that supports direct representation of transit properties on local transportation policy boards.
o
Support legislation for STA formula reform that includes federal operating funding as eligible revenue.
o
Support efforts that maintain existing Workers' Compensation regulation.
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Report No: Meeting Date:
T/?9#5/T
14-268 September 24, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
External Affairs Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Request for Proposals (RFP) for State Advocacy Services
ACTION ITEM RECOMMENDED ACTION(S): Consider authorizing the issuance of a Request for Proposals (RFP) for State Advocacy Services. EXECUTIVE SUMMARY: With the issuance of a RFP for a five-year competitively awarded contract, the District will initiate the process to obtain advocacy services to support AC Transit's state legislative priorities and assistance in obtaining state funding for projects and programs. BUDGETARY/FISCAL IMPACT: The District's existing State Advocacy contract is valued at $96,000 for the last year of the contract. Staff does not expect a significant increase over that amount for the new contract.
BACKGROUND/RATIONALE: The contract resulting from the solicitation will provide the District with advocacy at the State level. Among the activities included in this contract are ongoing communications with the District's Legislative delegation and their staff, the Governor's administration and state agency staff. The District entered into a contract with Suter, Corbett, Walluach (which was subsequently acquired by Platinum Advisors) in January of 2010 to provide advocacy services to support the District's state advocacy program and to provide assistance in obtaining state support. The contract period was for five years at a total of $480,000 or $96,000 annually. This solicitation will be directed toward securing the services of a State Advocacy firm whose staff are familiar with AC Transit's Legislative delegation, state agency staff, Executive branch staff, and have a history of successfully advocating for state funding for transit agencies.
145
Report No. 14-268 Page 2 of 2 In order to avoid any conflicts of interest between the advocacy firm and the District regarding clients or issues, the scope of services includes a requirement to advise the District of current clients and to advise the District of any changes during the course of the contract period. ADVANTAGES/DISADVANTAGES:
The advantages of acquiring the services of a state advocacy firm are that the District's priorities will have higher visibility with a firm based in the state's capital and a higher probability of securing support. If the District does not have an effective state advocate to communicate with the Legislature, agency and Executive branch members and staff, AC Transit's priorities and state funding opportunities may receive less consideration and visibility. ALTERNATIVES ANALYSIS:
This recommendation provides a request to issue a RFP. AC Transit could opt to defer from securing the services of a state legislative advocate, possibly leaving the District with less access to timely information or grant funding opportunities. PRIOR RELEVANT BOARD ACTIONS/POLICIES:
Board Policy 350, Procurement Policy ATTACHMENTS 1:
Draft request for proposal for State Advocacy services scope of services
Department Head Approval: Reviewed Prepared
by: by:
Dennis W. Butler, Acting Chief Planning, Construction & Engineering Officer Denise C. Standridge, Interim General Counsel James Pachan, Interim Chief Financial Officer Beverly Greene, Director of Legislative Affairs & Community Relations
146
SR 14-268 Attachment 1 REQUEST FOR PROPOSAL FOR STATE ADVOCACY SERVICES SCOPE OF SERVICES
INTRODUCTION
The District is seeking state legislative advocacy services for a five year contract period with the possibility of one five-year option renewal.
SCOPE OF SERVICES
The consultant shall:
A.
Provide a list of current clients and a statement on resolution of conflicts.
B.
Prepare and submit a draft State Legislative Agenda (CDRL 001)
C.
Assist the District with the initiation of legislation sponsored or supported by the District. This may include necessary actions to prepare draft legislation, obtain legislative sponsorship, influence legislative analysis, determine and organize testimony and lobby appropriate officials to develop and pass such legislation.
D.
Review and analyze proposed or contemplated legislation and regulations to determine if such may be beneficial or adverse to the District. Work with the District to assist in the determination of the District's position on legislation and administration activities to assist in carrying out these determined interests. (CDRL 002)
E.
As directed, develop and propose strategies for influencing proposed or contemplated legislation or regulation. (CDRL 003)
F.
As directed, develop proposed agendas and schedule meetings with Legislative delegations, Legislative staff, members of the Administration, and key Agency staff to further the goals and objectives of the District. (CDRL 004)
G.
Prepare and submit monthly reports describing efforts undertaken on behalf of the District, items/actions/proposed actions of interest to the District and a forecast of activity likely to occur in the foreseeable future. If the timing is appropriate, the consultant may include information from CDRLs 002 through 004 in the Monthly Activity report rather than producing separate documents. (CDRL 005)
147
H.
Assist the District in developing extensive and bipartisan relationships with members of its Legislative delegation and other key figures in the State Senate and Assembly and in the Executive Gubernatorial branch, specifically in the California State Transportation Agency.
I.
As directed, prepare and submit materials, testimony, and other support materials aimed at conveying District interests to Legislative delegations, Legislative staff and Administration staff.
J.
Constantly scan the legislative environment to identify items that may affect District interests, analyze them and report.
K.
Work with the press staff to maximize coverage in the media for District's interests.
L.
Meet with AC Transit's Board of Directors and agency personnel as required by the District.
M.
Assist the District in identifying grant opportunities and securing legislative support for grant requests.
Contract Data Requirements List (Deliverablesl
CDRL
Description
Format
001
Draft Legislative Agenda
Microsoft Word
002 003
Proposed Legislative Report Microsoft Word Microsoft Word Strategies for Influencing LeQislation Agendas and Schedules Microsoft Word with Key Figures Monthly Activity Report Microsoft Word
004 005
148
Frequency & Timin!l 1 annually by the end of November As required As required As required By the 1O'" of each month, reporting on the previous month
FINANCE AND AUDIT COMMITTEE
September 24, 2014 Agenda Items B-1 – B-5
149
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150
D.,l
..,~·~
Report No: Meeting Date:
T;";WIVS/T
14-234 September 24, 2014
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 July 2014. EXECUTIVE SUMMARY: As of July 31, 2014, the District had the following investments: Repurchase Agreement (REPO)
$25 million (Collateralized 102%)
Money Market Account
$71.34 million (Collateralized 110%)
Money Market Account
$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 Report on Investments for July 2014 is forwarded to the Board of Directors for review. The portfolio contained in the report 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 collateralized money market accounts is done with preservation of principal foremost in mind.
151
Report No. 14-234 Page 2 of 2
ADVANTAGES/DISADVANTAGES: This report does not recommend a course of action with notable advantages or disadvantages.
ALTERNATIVES ANALYSIS: 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 for July 2014.
Department Head Approval:
James D. Pachan, Interim Chief Financial Officer
Reviewed by:
Sue lee, Treasury Manager
Prepared by:
Beverly Abad-Fitzgerald, Treasury Administrator
152
ALAMEDA - CONTRA COSTA TRANSIT DISTRICT MONTHLY REPORT ON INVESTMENTS FOR THE GENERAL FUND JULY 31, 2014
153
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
154
INVESTMENT SUMMARY FOR THE GENERAL FUND & BUS/OTHER FUND JULY 31, 2014
TYPE MONEY MARKET ACCOUNTS REPO'S TREASURY BILLS DISCOUNT NOTES AGENCY BONDS
Average Interest Rate%
0.248% 0.033% 0.000% 0.000% 0.000%
TOTAL GENERAL FUND INVESTMENTS
TYPE MONEY MARKET REPO'S DISCOUNT NOTES AGENCY BONDS
Average Interest Rate%
0.070% 0.000% 0.000% 0.000%
TOTAL OTHER (CaiOES/Bus Proc.) INVESTMENTS
Carrying Value
Par Value
Fair Value
%of Total
$30,807,524.19 $25,000,000.00 $0.00 $0.00 $0.00
$30,807,524.19 $25,000,000.00 $0.00 $0.00 $0.00
$30,807,524.19 $25,000,000.00 $0.00 $0.00 $0.00
55.20% 44.80% 0.00% 0.00% 0.00%
$55,807,524.19
$55,807,524.19
$55,807,524.19
100.00%
Carrying Value
Par Value
Fair Value
%of Total
$42,289,560.78 $0.00 $0.00 $0.00
$42,289,560.78 $0.00 $0.00 $0.00
$42,289,560.78 $0.00 $0.00 $0.00
100.00% 0.00% 0.00% 0.00%
$42,289,560.78
$42,289,560.78
$42,289,560.78
100.00%
Page 1 155
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT INVESTMENT OVERVIEW FOR THE GENERAL FUND & BUS PROCUREMENT/OTHER FUND JULY 31,2014
2014 DESCRIPTION
2015
JUL
AUG
SEP
OCT
NOV
DEC
YTD
JAN
FEB
MAR
APR
MAY
JUN
AVERAGE
CURRENT MONTH AVERAGE INTEREST RATES
Repurchase Agreements (current month) Money Martel 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)
0.033%
0.070%
0.033% 0.070%
0.024%
0.024%
0.070%
0.070%
0.110%
0.110% 0.030% 0.112% 0.042%
AVERAGE INTEREST RATE Repurchase 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)
0.030% 0.112% 0.042%
AVERAGE MATURITY OF INVESTMENTS DAYS Repurchase Agreements Treasury Bills Discount Notes Agency Bonds
DAYS
DAYS
DAYS
DAYS
DAYS
DAYS
DAYS
DAYS
DAYS
DAYS
DAYS
DAYS
9
9
$25,000,000 $73,097,085
$25,000,000 $73,097,085
INVESTMENTS AT CARRYING VALUE Repurchase Agreements Money Market Treasury Bills Discount Notes Agency Bonds
INVESTMENTS AT COST
$98,097,085
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$98,097,085
$98,097,085
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$8,174,757
Page2 156
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT RETURN ON INVESTMENTS FOR THE GENERAL FUND & BUS PROCUREMENT/OTHER FUND JULY 31, 2014 2013 RETURN ON INVESTMENTS
JUL
Repurchase Agreements
AUG
SEP
NOV
OCT
DEC
JAN
2014 MAR
FEB
MAY
APR
JUN
$736 4,645
MoneyMar1c::et Treasury Bills Discount Noles Bonds Total return on investments
0 0 $5 381
0 0 $0
0 0 $0
0 0 $0
0 0 $0
Interest received Accrued interest Total return on investments
$681 4,700 $5381
0
0 !0
0 !0
0 $0
$9
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 0 $0
0 $0
0 $0
0 $0
YTD TOTAL
$736 $4,645 $0 $0 $0 $5381 $681
$9
$4.700 $5381
PORTFOLIO INVESTED Average daily portfOlio available for investment Average daily portfOlio invested
$51,763,009 $28,225,806
$51,763,009
54.53%
54.53%
% of average daily portfolio invested
$28,225,806
CARRYING VALUE GENERAL FUND PORTFOLIO
FY 13114
FY 14115
Jul2014 A"g Sep Oct Nov Dec Jan 2015 Feb Ma• AP' May
$55,807,524
J""
CARRYING VALUE BU$/OTHER PORTFOLIO
Jul2013 Aug Sep Oct Nov Dec Jan 2014 Feb Ma. Ap' May J""
Ma• Ap' M•y J""
$42,289,561
$47,550,347
$47,552.300 $50,167,447 $50,168,951
$50,171,126
$50,171,978 $50,177,068 $70,805,756
Jul2012
$42,603,947
A"g Sep Oct Nov Dec
$42,607' 123
Jan 2013
$42,940,095 $43.416,351 $45,493,510
Feb Ma.
Ap• May
J""
FY 13114
FY 14115
Jul 2014 Aug Sep Oct Nov Dec Jan 2015 Feb
$45,496,647 $46,135,214 $46,136,641 $47,548,538
$73,128,770 $72,495,973
Jul2013 A"g Sep Oct Nov Dec Jan 2014 Feb Mar
$72,500,284
$71,093,538 $63,356,709 $63,360,651 $60,749,907 $60,753,670 $62,905,320 $62,908,820 $62,909,030 $42,286,280
Ap• May
J""
Page 3
157
FY11f12
FY 12/13
$42,610,779 $42,931,605 $42.935,324 $42.939,037
$44,777' 188 $45,220,228 $45,493,510
Jul 2011 Aug Sep Oct Nov Dec Jan 2012 Feb Ma.
Ap' May
Ap• May
J""
$34,705,371 $34,707,265 $34,709,158 $49,291,355 $49,293,816 $49,296,513
$49.299,100 $50,975,655 $48,916,111 $49,623,413 $49,184,941 $48,916,111
$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 $42,601.366 FY 11/12
FY12/13 Jul2012 A"g Sep Oct Nov Dec Jan 2013 Feb Mar
$35,460,813
Jul2011 A"g Sep Oct Nov Dec Jan 2012 Feb Ma• Apr May J""
$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 $34,703,831
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT DETAIL OF PORTFOLIO FOR THE GENERAL FUND & BUS PROCUREMENT/OTHER FUND JULY 31,2014 Purchased From
TYPE
Settlement Date
Maturity Date
Days to Maturity
MONEY MARKET ACCOUNTS Wells Fargo Local Banks
Bank of America
TREASURY BILLS:
Maturity
Rate%
Canylng Value
Fair Value
0.070% 0.425% 0.248%
29,052,034.16
29,052,034.16
1,755,490.03
1,755,490.03
30,807,524.19
30,807,524.19
1,755.490.03 30,807,524.19
0.030%
0.030%
25,000,000.00
25,000,000.00
25,000,000.00
TOTAL DISCOUNT NOTES
0.00
0.00
0.00
TOTAL BONDS
0.00
0.00
0.00
55,807,524.19
55,807,524.19
55,807,524.19
TOTAL REPO
07f28/14
08104/14
7
29,052,034.16
Par Value
0.070% 0.425% 0.248%
TOTAL MONEY MARKET ACCOUNTS
REPO'S
Purchased Rate%
TOTAL TREASURY BILLS
AGENCY DISC NOTES:
AGENCY BONOS:
IPORTFOLIO - GENERAL FUND MONEY MARKET: Wells Fargo
MONEY MARKET ACCOUNTS
CalCES Bus Procurement
0.070% 0.070%
0.070% 0.070%
2,148,837.18 40,140,723.60 0,00
2,148,837.18 40,140,723.60 0.00
2,148,837.18 40,140,723.60 0.00
0.070%
0.070%
42,289,560.78
42,289,560.78
42,289,560.78
98,097,084.97
98,097,084.97
98,097,084.97
TREASURY BILLS: AGENCY DISC NOTES:
AGENCY BONDS: I PORTFOLIO
- OTHER (CaiEma/Bus Procurement)
ITOTAL PORTFOLIO COMPOSITION OF PORTFOLIO : Money Mar11:et Repurchase Agreements Treasury Bills Discount Notes Bonds
GENERAL FUND
55.20% 44.80% 0.00% 0.00% 0.00% 100.00%
Page4
158
OTHER (CaJOESJBus Procurement)
100.00% 0.00% 0.00% 0.00% 0.00% 100.00%
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT REPURCHASE AGREEMENTS FOR THE MONTH ENDED JULY31, 2014
SETTLEMENT DATE
MATURITY DATE
DAILY ''REPO"" INVESTMENT$
CURRENT # INTEREST RATE OF DAYS
INTEREST EARNED
INTEREST RECEIVED
CASH RECEIPT
AIR ACTIVITY
NET ACTIVITY
AVERAGE INVESTMENT AMT.INV *#OF DAYS/ DAYS IN MONTH : 31
BANK OF AMERICA
06/30/14 07/07/14 07/14/14 07/28/14 TOTAL
07/07/14 07/14/14 07/28/14 08/04/14
$25,000,000.00 $25,000,000.00 $25,000,000.00 $25,000,000.00
7 7 14 7
0.0400% 0.0400% 0.0300% 0.0300%
166.66 194.44 291.67 83.33
194.44 194.44 291.67 0.00
25,000,000.00 25,000.000.00 25,000,000.00 25,000.000.00
-27.78 0.00 0.00 62.50
-25.000.000.00 0.00 0.00 25.000,000.00
5,645,161.29 5.645,161.29 11,290,322.58 5,645,161.29
$75,000,000.00
9
0.0333%
$736.10
$680.55
$1 00,000,000.00
$34.72
$0.00
$28,225,806.45
Page 5 159
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT GENERAL FUND GOVERNMENT SECURITIES SUMMARY FOR THE MONTH ENDED JULY 31,2014 CARRYING
VALUE
Treasu
Bills Held at Month End:
TOTAL TREASURY BILLS
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
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 Agency Bond Matured
Aaencv Bond Held at Month End:
TOTAL BONOS
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
0.00
0.00
0.00
0.00
0.00
0.00
Variance
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
160
Page6
~I
Report No: Meeting Date:
T~NS/T
14-117a September 24, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
FY 2014-15 Transportation Fund for Clean Air Program
ACTION ITEM RECOMMENDED ACTION(S): Consider authorizing the General Manager, or his designee, to file and execute applications for the Alameda County Transportation Commission's (ACTC) FY 2014-15 Transportation Fund for Clean Air (TFCA) Program for the East Bay Bus Rapid Transit (BRT) Project. EXECUTIVE SUMMARY: The ACTC announced a call for projects for FY 2014-15 TFCA program funding for projects that result in the reduction of motor veh icle emissions within the Bay Area Quality Management District's jurisdiction in addition to meeting other program requirements. ACTC has offered to fund an application for the East Bay BRT project and is recommending $925,000 in funding for the BRT project based on the results of the TFCA cost-effectiveness evaluation. This funding would count towards ACTC's commitment to the East Bay BRT project. BUDGETARY/FISCALIMPACT: Staff plans on applying for $925,000 in funding for the East Bay BRT project. There is no matching requirement for the TFCA funds. As the BRT project is fully funded, if received, the TFCA funds would offset AB664 funding committed to the BRT project, allowing the District to apply the AB664 funds to other eligible capital projects in the future.
BACKGROUND/RATIONALE: TFCA is a local fund source of the Air District. As the TFCA program manager for Alameda County, the ACTC is responsible for programming 40 percent of the $4 vehicle registration fee collected in Alameda County for this program. The ACTC recently announced the FY 2014-15 TFCA Program call for projects. Eligible projects must result in the reduction of motor vehicle emissions within the Air District's jurisdiction. Reductions are measured in terms of cost effectiveness calculations established by the Air District. A project must have a cost effectiveness rating of $90,000 in TFCA funds per ton of emissions reduced to qualify for funding. Approximately $3.35 million is available in funding for the FY 2014-15 programs in Alameda County. Projects approved for FY 2014-15 TFCA funding 161
Report No. 14-117a Page 2 of 3 are required to start by December 31, 2015. substitute application is due in September.
Initial applications were due in May.
This
Pursuant to Board approval on February 26, 2014, staff submitted an application for the Low or No Emission Vehicle Deployment Program Match Project. The District recently applied for $3.195 million in FTA funds to cover the incremental costs of purchasing six zero-emission buses and any required facility improvements. The FTA has not yet announced the awards for the LoNo grant program. If the District does receive funding from that program, the District would be responsible for providing the local match, which could be up to $505,000. ACTC evaluated the LoNo match application and did not recommend funding for it because it did not meet the cost-effectiveness thresholds of the TFCA program since the proposed annual vehicle After the initial round of TFCA program applications, ACTC had miles are too low. approximately $1 million in un-programmed funds, so ACTC offered to instead consider an application for the BRT project. ACTC is recommending funding in the amount of $925,000 for the BRT project based on the results of the project's TFCA cost-effectiveness evaluation. The BRT project funding plan included a commitment from ACTC which would have been available after 2017; the revenue start date for the BRT project. An agreement that advanced various local funds to avoid incurring finance charges to the BRT project was worked out between the District, ACTC, and the Metropolitan Transportation Commission (MTC) for the initial Small Starts Grant Agreement submission in May 2014. This agreement stipulated that future ACTC controlled State Transportation Improvement Program (STIP} or upcoming ballot measure funding initially designated for the BRT would be reprogrammed to AC Transit for other capital projects to replace the $24.05 million in various local funds that were used in the BRT funding plan. The $925,000 in TFCA funds will count towards ACTC's remaining commitment and lower the amount to $23.125 million. As the BRT project is currently fully funded, the funds will offset the $8 million in AB664 (bridge toll) funding committed to the project by the MTC and AC Transit. The AB664 funds can then be programmed as local match for other District projects eligible for FTA funding through the MTC's Transit Capital Priorities process. ADVANTAGES/DISADVANTAGES:
Not applying for the funds would cause the District to forgo $925,000 in TFCA funds for the East Bay BRT project. ALTERNATIVES ANALYSIS:
There are no recommended alternative actions at this point. PRIOR RELEVANT BOARD ACTIONS/POLICIES:
SR14-117- FY 2014-15 Transportation Fund for Clean Air Program Funds
162
Report No. 14-117a Page 3 of 3
ATTACHMENTS: There are no attachments for this report. Department Head Approval:
James D. Pachan, Interim Chief Financial Officer
Reviewed by: Prepared by:
Denise C. Standridge, Interim General Counsel Ben Stupka, Senior Capital Planning Specialist
163
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164
Report No: Meeting Date:
14-101 September 24, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Board Policy 334 -Internal Audit Purpose
BRIEFING ITEM RECOMMENDED ACTION(S):
Consider review of Board Policy Board Policy 334 amendments.
Internal Audit Purpose, with no
EXECUTIVE SUMMARY:
In accordance with Board Policy 302, the Board of Directors is required to review each fiscal policy once every two years. Internal Audit has completed its review of Board Policy 334 and its con sistency with modern Internal Audit standard s and reporting structure. Based on the pos itive results of that review it has been determined that no amendments are required to the policy at this time . BUDGETARY/FISCAL IMPACT:
There is no budgetary or fiscal impact associated with this report.
BACKGROUND/RATIONALE:
Board Policy 334- Internal Audit Department Purpose was first adopted by the District in June 1991, and is required to be reviewed every two years. The policy was previously amended in December 1993, September 1996 and most recently in April 2012. A review of Board Policy 334 and its conformity with modern Internal Audit standards, scope and reporting structure has been completed . The positive results from this review have determined that the policy is relevant, current and helps to insure that th e department functions as defined by the In stitute of Internal Audit:
"An independent, objective assurance and consulting activity designed to add value and improve an organization's operations. It helps an organization accomplish its objectives by
165
Report No. 14-101 Page 2 of 2
bringing a systematic, disciplined approach to evaluate and improve the effectiveness of risk management, cantral, and governance processes. " Judging from a Federal Reserve policy statement in January 2013, the reporting structure prescribed in the policy is also well suited:
"The objectivity of the Internal Audit function is served best when it reports administratively to the organization's chief executive." Based on the results of this review, Internal Audit does not recommend any amendments to Board Policy 334 at this time.
ADVANTAGES/DISADVANTAGES: This report does not recommend a course of action with notable advantages or disadvantages.
ALTERNATIVES ANALYSIS: This report does not recommend an action.
PRIOR RELEVANT BOARD ACTIONS/POLICIES: There are no prior relevant Board actions/policies associated with this report.
ATTACHMENTS: 1:
Board Policy 334 -Internal Audit Department Purpose
Department Head Approval:
Alan Parello, Manager of Internal Audit
Reviewed by:
Denise C. Standridge, Interim General Counsel
Prepared by:
Alan Parello, Manager of Internal Audit
166
Staff Report 14-1 01 Attchment 1
Policy No. 334
AC Transit
BOARD POLICY Category: FINANCIAL MATTERS
INTERNAL AUDIT DEPARTMENT PURPOSE I.
PURPOSE The purpose of this policy is to communicate the authorization given by the Board of Directors for establishment of an internal audit function for the District.
II. POLICY Through directives to the General Manager by adoption of the personnel classification system as well as through budget appropriations, the Board of Directors has provided for the establishment of an internal audit function for the District.
Ill. IMPLEMENTATION OF POLICY The General Manager shall establish and communicate to all departments in the District, the functions, responsibilities, and authorizations granted to the internal audit function in order to assure the ability to render impartial and unbiased judgments essential to the proper conduct of audits.
IV. REPORTING RELATIONSHIP The Internal Audit Department will report directly to the General Manager, to ensure the Internal Audit Department's independence in the performance of audits.
V. SCOPE OF AUDIT DUTIES The Internal Audit Department is responsible for conducting audits of AC Transit's financial and operational programs. The scope of such audit activity should encompass examining and evaluating the adequacy and effectiveness of the District's system of internal controls and the quality of performance in carrying out assigned responsibilities and effectiveness of operations.
Page 1 of 1
Adopted: Amended:
167
06/26/91 12/93; 09/96; 4/12
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168
~I
Report No: Meeting Date:
T1'?9.NS/T
14-212 September 24, 2014
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 Budget Update- June 2014
BRIEFING ITEM RECOMMENDED ACTION(S):
Consider receipt of the Monthly Budget Update for June 2014. EXECUTIVE SUMMARY:
The District's operating expenses were under budget by approximately $9.6 million or 2.9 percent as of June 30, 2014. The Salaries and Wages account line item was $4.8 million under budget, with Operations wages being the largest contributor to the positive variance. The Fringe Benefits account line item had a negative variance of $7.3 million due to a one-time adjustment for worker's compensation cost s and accruals for retiree medical expenses. The Adjusted Labor Cost s account line item expenditures were under budget by $2.7 million due primarily to the capitalization of labor and indirect costs for Capital Projects. The non-labor expenditures ended the fiscal year with a positive variance, with expenditures $6.9 million below the fiscal year budget. The Services account line item had a positive variance of $0.8 million. The Fuel and Lubricants account line item had a positive variance of $1.8 million due to lower average diesel fuel prices and improved fuel economy on the bus fleet. The Casualty and Liability account line item had a positive variance of $3.0 million due to improved actuarial projection s, based on the reduction in claims, which is a result of the drop in accidents that occurred over the past several months. BUDGETARY/FISCAL IMPACT:
There is no budgetary or fi scal impact associated with this report.
BACKGROUND/RATIONALE:
The June Year-To-Date (YTD) budget variance report continued the positive trend from past periods for a majority of the account line items. The positive YTD variance of $9.6 million represents 2.9 percent of the annual operating budget. Labor costs finished the fiscal year below budgeted levels as a result of lower than anticipated labor costs in Operations for both regular time and overtime wages.
169
Report No. 14-212 Page 2 of 3 The Salary and Wages account line item had a positive variance of $4.8 Million or 4.4 percent of the Salary and Wages budget. The savings in the Salary and Wages account was primarily due to the efficiencies that resulted from accelerated hiring programs that were put into place to fill Operator vacancies and reduce Operator overtime expenditures. The savings were also due to reduced overtime expenditures in the Maintenance Department due to the implementation of improved management control mechanisms. The Fringe Benefits account line item had a negative variance of $7.3 million or 9.0 percent of the Fringe Benefit budget. The Fringe Benefit line item was the only major account with an unfavorable variance. The unfavorable variance was primarily due to a one-time adjustment for worker's compensation costs and accruals for retiree medical expenses. The Pension Fund account line item had a positive variance of $3.3 million or 8.0 percent of the Pension Fund budget. The savings in the Pension Fund account was primarily due to payroll expenses being lower than the projected salary and wages budgeted for the fiscal year. The Adjusted Labor Costs account line item expenditures were under budget primarily due to the capitalization of labor and indirect costs for capital projects. The non-labor expenses also ended the fiscal year with a positive variance, as expenditures were below budget for six of eight account line items at the end of the fiscal year. The nonlabor account line items had a favorable variance of approximately $6.9 million, which represented a 6.8 percent savings from the budgeted non-labor accounts. The Services account line item had a positive variance of $0.8 million or 3.4 percent of the Services budget. The Fuel and Lubricants account line item had a positive variance of $1.8 million or 9.3 percent of the Fuel and Lubricant budget. The savings in the Fuel and Lubricants account was primarily due to lower average diesel fuel prices for a majority of the fiscal year; improved fuel economy on the new bus fleet and improved maintenance programs on the existing bus fleet. The Other Materials and Supplies account line item, which includes bus parts and supplies, had a positive variance of $0.8 million or 4.9 percent of the Material and Supplies bud&et. The savings in the Materials and Supplies account was primarily due to the improved maintenance of the fleet and operation of a newer fleet of buses. The Utilities and Taxes account line item had a negative variance of $0.3 million or 5.3 percent of the Utilities and Taxes budget. The negative variance was primarily due to higher than planned costs for utilities expenses, particularly electricity. The Casualty and Liability account line item had a positive variance of $3.0 million or 29.5 percent of the budget. The savings in the Casualty and Liability account was primarily due to improved actuarial projections based on the reduction in claims, which is a result of the drop in accidents that occurred over the past several months. The Interest Expense account line item had a negative variance of $0.01 million or 0.4 percent of the Interest Expense budget. The negative variance was primarily due to minor adjustments and reconciliation in the amortization schedules for the Certificates of Participation (COP). 170
Report No. 14-212 Page 3 of 3 The ADA Consortium and Other Purchased Transportation account line item had a positive variance of $0.9 million or 3.4 percent of the budget. The savings in the ADA Consortium and Purchased Transportation Account was primarily due to lower than anticipated ridership for the ADA Consortium Program and stable para transit provider billing rates. The Other account line item, which primarily consists of miscellaneous expenses, travel, employee incentives, media, and leases/rentals, had a positive variance of $0.03 million or 2.5 percent of the Other expenses budget. The positive variance was the result of savings in most expenses categories for this line item, with the exception of dues and subscriptions expenses. ADVANTAGES/DISADVANTAGES: This report does not recommend a course of action with notable advantages or disadvantages. ALTERNATIVES ANALYSIS: This report does not recommend an action. PRIOR RELEVANT BOARD ACTIONS/POLICIES: Board Policy 312- Budget Policy ATTACHMENTS: 1:
FY 2013-14 Operating Expense Trend Analysis
Department Head Approval:
James D. Pachan, Interim Chief Financial Officer
Prepared by:
Hernan Vargas, Budget Manager
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FV13/14 Operating Expense Trend Analysis Preliminary June 2014 as at August 21 2014
Q1 Operating Expenses (OOO's) Salary & Wages Fringe Benefits
Pension Fund Total labor Costs Adjusted Labor Costs Services Fuel & Lubricants Other Materials & Supplies Utilities & Taxes Casualty & Liability Interest Expense ADA Consortium and Other Purchased
Other Total Operating Expenses
Operating Expenses (OOO's) Salary & Wages
Budget
Actual
26,945 19,812 10,050 56,807 56,557
25,662 21,564 9,272 56,499 56,499
5,569
4,708
4,787
3,941 1,482 2,523 309 6,753 257
4,663 3,490 1,309 2,384 324 5,716 300
82,177
79,393
Budget
28,278 20,975
Q2
Var$
Var%
Budget
Actual
Q3
Var$ 624 490 (671) 443 193
2.3% 2.5% -6.7% 0.8% 0.3%
28,278 20,975 10,825 60,077 59,827
26,901 24,478 8,967 60,345 58,074
Var$ 1,377 (3,503) 1,858 (268) 1,753
Var% 4.9% -16.7%
7.7% 0.5% 0.1%
26,321 19,322 10,721 56,364 56,364
860 124 452 173
15.4% 2.6%
5,569 4,787
3,941
5,669 4,787 3,941
11.7%
139 (15) 1,037 (44)
5.5% -4.9%
2,451 324 6,953 125
51.4%
309 6,753 257
5,513 4,309 3,322 1,425 2,286 307 6,074 374
155 477 620 57 236 2 678 (118)
2.7% 10.0% 15.7% 3.9% 9.4%
15.4% -17.0%
1,482 2,523 309 6,753 257
260 287 455 (331) 71 (15) (200) 132
4.7% 6.0%
11.5%
5,309 4,500 3,487
3.4%
82,177
81,326
1.0%
85,547
81,686
4.8%
(1,752) 778 308 58
-8.8%
2,784
Q4 (Preliminary)* Actual Var$
Var%
Budget
26,752 23,544
1,526 (2,569)
5.4%
110,446
-12.2%
81,574
1,813
851
Total FYTD (Preliminary)* Actual Var$
10,825
9,449
1,375
12.7%
41,749
38,409
60,077 59,827
59,745 59,137
332
0.6%
690
1.2%
233,768 232,768
232,953 230,074
Services
5,669
Fuel & Lubricants
4,787
6,180 3,885
Other Materials & Supplies
3,941 1,482 2,523 309 6,753 257
7.6% -8.6%
22,475 19,148 15,765 5,929 10,090 1,235 27,012
21.3%
1,027
21,711 17,358 14,994 6,245 7,115 1,240 26,080 1,002
764 1,790 772 (316) 2,975 (5) 931 25
Pension Fund Total Labor Costs
Adjusted Labor Costs
Utilities & Taxes Casualty & Liability Interest Expense ADA Consortium and Other Purchased Other
4,696
1,697 (6) 285 7,337
202
Actual
26,945 19,812 10,050 56,807 56,557
1,283
4,809 (7,334) 3,340 815 2,694
Fringe Benefits
Var%
(511) 902 (755) (215) 2,529 24 (584) 55
-9.0% 18.8% -19.1%
-14.5% 100.3%
105,636 88,908
11.5% -22.3% 2.8% -4.9% -3.0%
Budget
1,482 2,523
3,861
17.2% -0.4%
2.9%
0.5%
10.0% -45.8% 4.5%
Var% 4.4% -9.0%
8.0% 0.3%
1.2% 3.4% 9.3% 4.9%
-5.3% 29.5%
-0.4% 3.4% 2.5%
(/J
.-I.. :u
Total Operating Expenses
85,547
83,413
2,134
2.5%
335,448
325,819
9,630
2.9%
..."' "' > .....
..... :.. * Note: June accruals and adjustments are being finalized by the Accounting and Budget Departments.
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Report No: Meeting Date:
14-250 September 24, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Funding for the San Francisco Bay Area Core Capacity Transit Study
ACTION ITEM RECOMMENDED ACTION(S):
Consider adoption of Resolution No. 14-050 authorizing the General Manager, or his designee, to execute a funding agreement with the Metropolitan Transportation Commission (MTC) to support the San Francisco Bay Area Core Capacity Transit Study (Study). EXECUTIVE SUMMARY:
In April, the Metropolitan Transportation Commission (MTC), along with regional partners including the District, outlined a strategy to perform a collaborative San Francisco Bay Area Core Capacity Transit Study (Study) as part of a request for a regional planning grant from the United States Department of Transportation's Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant program. The Study will evaluate and prioritize short, medium, and long-term transit investments, and strategies to address existing and forecasted capacity constraints in the core of the region . See Attachment 2 for a map of the study area. The District will be providing technical assistance and expertise regarding respective transit system conditions, needs, design standards, and other agency-specific considerations. The total cost of the study is anticipated to be $2 million. $1 million will be provided through the TIGER grant, $950,000 will be provided by other study partners, and recommended $50,000 being provided by the District as one of the regional partners. BUDGETARY/FISCAL IMPACT:
Staff was able to identify savings from recently completed projects that were included in the FY 2015 Capital Budget to cover the $50,000 funding requirement.
BACKGROUND/RATIONALE:
The Study proposes to identify, evaluate and prioritize a package of investments that expand transit capacity and improve reliability and connectivity to the core of the region. The main
175
Report No. 14-250 Page 2 of 3 Study objectives are to: 1) identify and prioritize feasible short, mid, and long-range transit improvements to maintain and increase transit capacity and improve reliability and connectivity and 2) develop a scope for prioritized projects to ready the projects for subsequent project development phases. The key pieces of the Study for the District are an evaluation of the capacity improvement concepts for Transbay service, including a Bay Bridge contra-flow lane, transit priority treatments on East Bay arterials, Transbay service design, and passenger facilities. The outcome from the Study will be regional agreement on a plan for phased projects to enhance current system capacity to handle growing demand in the Transbay and Muni Metro corridors. These agreed upon enhancements will be incorporated into MTC's future regional transportation plans. The Study is expected to begin in November 2014 and be completed in March 2017. The study will be led by MTC in close partnership with regional partners including the District, BART, San Francisco Municipal Transportation Agency (SFMTA), and the San Francisco County Transportation Authority (SFCTA). Generally, the role of MTC and SFCTA is to facilitate an objective analysis of capacity needs and the most effective solutions to meet these needs by corridor, while the roles of BART, SFMTA, and AC Transit are to provide expertise on their respective transit system conditions, needs, design standards, and other agency-specific considerations. BART, SFMTA, and AC Transit will primarily utilize consultant support competitively procured to conduct the analysis. MTC is currently in the process of conducting a Request for Qualifications for firms to conduct this work, and expects to have a consultant selected in the next few months. The original cost ofthe study is anticipated to be $3 million. MTC applied for a $2 million TIGER grant to support the study, but it recently reported receiving a reduced award of $1 million. As one of the regional partners, the District is expected to provide $50,000 to support the Study. The remaining partners are committed to providing $950,000 in additional funds to support the study and provide the local match for the TIGER grant. The study is anticipated to move forward with a $2 million total budget. ADVANTAGES/DISADVANTAGES:
There are no disadvantages to supporting the Study with funding from the District Capital Budget. ALTERNATIVES ANALVSIS:
There are no recommended alternative actions at this point. PRIOR RELEVANT BOARD ACTIONS/POLICIES:
There are no prior relevant Board Actions/Policies.
176
Report No. 14-250 Page 3 of 3
ATTACHMENTS: 1: Resolution 14-050 2: Study Area Map
Department Head Approval: Reviewed by: Prepared by:
James D. Pachan, Interim Chief Financial Officer Denise C. Standridge, Interim General Counsel Robert Del Rosario, Director of Service Development Ben Stupka, Senior Capital Planning Specialist
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178
SR 14-250 Att.l
ALAMEDA-CONTRA COSTA TRANSIT DISTRICT RESOLUTION NO. 14-050 A RESOLUTION AUTHORIZING THE GENERAL MANAGER OR HIS DESIGNEE TO EXECUTE A FUNDING AGREEMENT WITH THE METROPOLITAN TRANSPORTATION COMMISSION TO SUPPORT THE SAN FRANCISCO BAY AREA CORE CAPACITY TRANSIT STUDY WHEREAS, the San Francisco Bay Area Core Capacity Transit Study (Study) will implement planning and technical analyses required to evaluate and prioritize short, medium, and longterm transit investments for capital, policy and operating strategies to address existing and forecasted capacity constraints into Core San Francisco, for inclusion in the next update of the Regional Transportation Plan; and WHEREAS, Core San Francisco is served by two key corridors that will be the focus of this Study: the Transbay Corridor (including BART and AC Transit Service) and the Muni Metro Corridor; and WHEREAS, the Study will be led by the Metropolitan Transportation Commission (MTC), in consultation and partnership with San Francisco Bay Area Rapid Transit District (BART), San Francisco Municipal Transportation Agency (SFMTA), San Francisco County Transportation Authority (SFCTA), and the District (Study Partners). MTC and the Study Partners have outlined a strategy to perform the Study as part of a request for a regional planning grant from the United States Department of Transportation's Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant program; and WHEREAS, MTC recently reported that it received the $1,000,000 TIGER Grant for such purpose; and WHEREAS, MTC and the other Study Partners have committed funding totaling $950,000 for such purpose; and WHEREAS, District staff recommends committing funding of $50,000 for such purpose; and WHEREAS, there is no legal impediment to the District providing this funding. NOW THEREFORE, the Board of Directors of the Alameda-Contra Costa Transit District does resolve as follows:
Section 1.
There is no legal impediment to the District executing a funding agreement with MTC to support the Study.
Section 2.
The District authorizes its General Manager, or his designee, to provide $50,000 for the Study.
Section 3.
A copy of this resolution shall be transmitted to MTC.
Resolution No. 14·050
Page 1 af 2 179
Section 4.
This resolution shall become effective immediately upon its passage by four affirmative votes of the Board of Directors.
PASSED AND ADOPTED this 24th day of September 2014.
Greg Harper, President Attest:
Linda A. Nemeroff, District Secretary I, Linda A. Nemeroff, District Secretary for the Alameda-Contra Costa Transit District, do hereby certify that the foregoing Resolution was passed and adopted at a regular meeting of the Board of Directors held on the 24th day of September, 2014 by the following roll call vote:
AYES: NOES: ABSENT: ABSTAIN:
Linda A. Nemeroff, District Secretary
Approved as to Content and Form:
Denise C. Standridge, Interim General Counsel
Resolution No. 14·050
Pagel of2 180
, SR 14-250 ATT.2
Study Area Overview
Priority Development Areas -
BART -
MUNI -
ACTranslt -
181
Caltraln -·· Ferry Service
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182
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.
PLEASE REFER TO THE COMMITTEE SECTIONS OF THIS AGENDA PACKAGE FOR STAFF REPORTS
183
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184
AGENDA PLANNING/ STANDING COMMITIEE PENDING LISTS
AC TRANSIT BOARD OF DIRECTORS
EXTERNAL A~ FAIRS ~011111\illtTEE . 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 to provide comments and recommendations pertaining to California Environmental Quality Act (CEQA) Reform. [Requested by Director Peeples -10/24/12]
FINANCE AN.D AUDIT COMMITTEE October • A review of post-retirement medical benefits provided to all employee groups for the purpose of identifying any disparities that may exist and whether other government entities offer similar benefits [Requested by President Harper- 3/26/14] Referred to Board Retreat. Annual report on the status of the various Successor Agency Oversight Boards and how much revenue the District has received. [Requested by Director Williams- 6/25/14] November Update on Certificates of Participation transactions and the purpose/function of the Financing Corporation. [Requested by Director Ortiz/President Harper- 5/28/14] January • 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 California Public Utilities Commission Rules of Practice and Procedure pertaining to ex parte situations. [Requested by Director Peeples- 9/5/12] Monthly Report on Investments Fiscal Policies (Review one per month) Budget Update Bi-Monthly Budget Update Quarterly Reports (Nov, Feb, May, Aug) Board/Officer Travel/Meeting Expense Employee Out-of-State Travel • Surplus/Obsolete Materials Agenda Planning
Page 1 of4
September 24, 2014 185
AGENDA PLANNING/ STANDING COMMITTEE PENDING LISTS
AC TRANSIT BOARD OF DIRECTORS
Finance and Audit Committee, Cont. Contracts/Purchasing Activity Report
Semi Annual Reports • DBE/FTA Report and DBE Goal Update (May/Nov) Annual Reports Appropriations Limit (June); Adoption (July) Audit Engagement Letter (June) • Budget Calendar (Nov) • Externally Funded Welfare to Work (Nov) Parcel Tax Oversight Committee (Dec to Board) Year-End Audited Financial Statements (Nov) Pending Not Scheduled • Report on the advisability of having the Internal Audit Department report directly to the Board. [Requested by Director Peeples- 5/28/14]
OPERATIONS COMMITTEE October • Resolution supporting continuation and expansion of the District's Fuel Cell Program, subject to funding availability. The resolution will be drafted by Director Peeples [Requested by Director Peeples - 6/11/14] • Amendment to Board Policy 201, Section 2.4 (Maintenance of Differentials) to allow for a maximum differential of 5% and that Board approval be required for any differential over 5% and include justification for the increase. [Requested by Director Ortiz- 5/28/14] • Report on how a community with a significant number of low income riders similarly situated to a low income community in the AC Transit service area has dealt with the challenges related to the availability of Clipper vendors (or similar payment system). [Requested by Director Ortiz- 6/11/14]. • Comprehensive analysis and alternatives to PeopleSoft before more money is invested in the system. Staff is to analyze whether the District should 1) maintain the status quo at an exorbitant cost; 2) change to a simpler system at a lower cost; and 3) check with other public agencies who use PeopleSoft and analyze if the District should enter into partnerships with them given PeopleSoft's ability to accommodate multiple business units with an independent set of accounts. [Requested by Director Ortiz- 7/23/14] Quarterly Reports (Nov, Feb, May, Aug) • Operations Performance Report (includes report on the Call Center) • Clipper Outreach efforts Pending Not Scheduled Request for staff to 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] Agenda Planning September 24, 2014
Page 2 of 4 186
AGENDA PLANNING/ STANDING COMMITTEE PENDING LISTS
AC TRANSIT BOARD OF DIRECTORS
Operations Committee, cont.
•
•
•
• •
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}. Implementation of a District-wide calendaring system to track contracts, license renewals, etc. [Requested by Director Peeples- 4/25/12] Discussion regarding suggestions for a Board Policy on exit interviews and to what extent those interviews, and the reporting thereof, should be different if the person who exited reports directly to a Board Officer. [Requested by Director Peeples -11/14/12] Investigate the creation of a District store which would have hats, clothing and other items available or sale. [Requested by Director Williams -8/28/13] Rei'Jert eR strategies te iflli'Jreve aeeess te Clii'JJ'Ier, i.e. iRereasiRg leeatieRs, F!larl~etiRg, aRel a sRert terfll aisee~Rt rise J'lregraf!l. [ReEJ~estea ey Qireeter (;)avis 11/13/13] Creation of a video privacy policy specifically for all of the video associated with the BRT stations once operational. [Requested by Director Peeples - 2/12/14. Director Peeples to provide additional information to be included in the draft policy.] Report on the bankruptcy of ClearEdge and the consequences for AC Transit. [Requested by Director Ortiz- 5/28/14] Investigate and report what other public agencies are doing as part of the ongoing conversation of the merit pay issue. [Requested by Director Ortiz -7 /9/14] Report from staff on the modifications/improvements that were made to the Gillig 1400 series buses to address complaints and issues raised by the Accessibility Advisory Committee and others about the 1300 series buses. [Requested by Director Peeples- 9/10/14]
· PLANNING.COMMifrEE October
•
Report from staff on the possibility of installing benches at bus stops for lines that have 30 minute headways or more [Requested by Director Davis- Date?]. Board Policy 550 -Service Standards and Design. [Requested by the Board - 12/17/08; 2/12/14]
Referred to October Boord Retreat December
Development of a policy to officially require regular ridership surveys every four or five years. [Requested by Director Peeples- 6/24/09] Report to be combined with another request for a report on a long-range strategy to obtain better information as to why people choose not to ride the bus. [Requested by Director Davis- 5/22/13] January
Report on AC Transit's attitude toward shuttles. [Requested by Director Harper- 5/9/12]
Agenda Planning September 24, 2014
Page3of4 187
AGENDA PLANNING/ STANDING COMMITTEE PENDING LISTS
AC TRANSIT BOARD OF DIRECTORS
Planning Committee, Cont. Quarterly Reports (Nov, Feb, May, Aug) • 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] Annual Reports • Update on CARB (Jun) Update on Service and Operations in Special District 2 (Oct) Pending Not Scheduled • 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] 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 Peeples11/16/11] • 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 staffs 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 the feasibility of cancelling the Bus Rapid Transit Project. [Requested by Director Peeples7/31/13] • Outcome of staff's investigation to see if it is possible to be more nimble in restoring service in areas where the Oakland Running Festival has concluded. [Requested by Director Peeples- 3/26/14] Report on whether bus stops on the new eastern span of the Bay Bridge can be utilized to let people from San Francisco and parts of the East Bay off so they can access the Bay Bridge Trail Pathway. [Requested by President Harper- 3/26/14] Report on staff's investigation of the possible use of double-decker buses to address trans bay capacity issues. [Requested by Director Peeples- 4/9/14]
Agenda Planning
Page4of4
September 24, 2014 188
